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<blockquote data-quote="warwickuni" data-source="post: 24469095" data-attributes="member: 101444"><p>According to Criminal Procedure Code of SL charges relating to offense needs to be framed by the Magistrate . He can seek AG's advice in framing too.</p><p>I see two grave lapses in this instance</p><p>a. Attorney General's department had not given any instructions to Police regarding these suspects before producing them before court. A detention order can be issued that prevents magistrate granting bail.</p><p>b. Magistrate has not considered the facts contained in the B report and tried to consider what charges are investigated and there are evidence relating that. Eg PTA and other Emergency Regulations. He should not rely on charges stated in B report as he is required to frame charges from the facts according to our law. This is a thing that most Magistrates do not know and apply.</p><p></p><p></p><p>In the past,,,,</p><p>Badudeen (then minister in MR govt) threatened Magistrate of Mannar and he also instigated a mob to attack courts and damaged it . Magistate complained to JSC in 2012 but no action was taken.</p><p>Mr. Jeff Alagaratnam PC filed contempt of court action in Court of Appeal, but minister tendered an apology and was discharged by sinhalese Court of Appeal Judge in 2014.</p><p>We know for lesser contempt charge powerful minister SB was imprisoned by our Supreme Court.</p><p></p><p></p><p>You decide...facts are before you...these are not fake ... we have very short memories..... I just reminded one incident... but not all...</p></blockquote><p></p>
[QUOTE="warwickuni, post: 24469095, member: 101444"] According to Criminal Procedure Code of SL charges relating to offense needs to be framed by the Magistrate . He can seek AG's advice in framing too. I see two grave lapses in this instance a. Attorney General's department had not given any instructions to Police regarding these suspects before producing them before court. A detention order can be issued that prevents magistrate granting bail. b. Magistrate has not considered the facts contained in the B report and tried to consider what charges are investigated and there are evidence relating that. Eg PTA and other Emergency Regulations. He should not rely on charges stated in B report as he is required to frame charges from the facts according to our law. This is a thing that most Magistrates do not know and apply. In the past,,,, Badudeen (then minister in MR govt) threatened Magistrate of Mannar and he also instigated a mob to attack courts and damaged it . Magistate complained to JSC in 2012 but no action was taken. Mr. Jeff Alagaratnam PC filed contempt of court action in Court of Appeal, but minister tendered an apology and was discharged by sinhalese Court of Appeal Judge in 2014. We know for lesser contempt charge powerful minister SB was imprisoned by our Supreme Court. You decide...facts are before you...these are not fake ... we have very short memories..... I just reminded one incident... but not all... [/QUOTE]
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