Special HC releases ‘Ali Roshan’
March 7, 2019 10:18 am
The Permanent High Court-at-Bar has released Niraj Roshan alias ‘Ali Roshan’ and six others claiming that it has no jurisdiction to hear the cases filed against them for alleged possession of elephants.
Accordingly, the Special High Court has rejected the charge sheet submitted by the Attorney General against the seven defendants of the case and ordered to acquit them.
The acquittal order was issued by the Special High Court’s three-judge bench consisting of Judges Sampath Abeykoon, Sampath Wijeratne and Champa Janaki Rajaratne.
When the case was taken up on February 13th, the defence attorneys had stated that this case was filed under Section 5(3) of the Public Property Act and raised a preliminary objection stating that the Special High Court does not have the jurisdiction to hear the case, hence sought the acquittal and release of the defendants.
Accepting the preliminary objection of the defence, the judge bench stated that it does not have the jurisdiction to hear the charges filed for possession of stolen property and offences against the Fauna and Flora Protection Ordinance.
Following the delivery of the acquittal order, State Counsel Janaka Bandara informed the court that the Attorney General would soon take a decision on filing a case against the defendants at an ordinary High Court or submitting a revision against the verdict of the Special HC.
‘Ali Roshan’ was arrested by the Criminal Investigation Department (CID) on September 7th, 2018.
The Attorney General had then filed 27 charges against ‘Ali Roshan’ and six other defendants under the Offences against Public Property Act, with regard to the possession of four elephants without licenses and racketeering.
The other defendants of the case include Assistant Director of the Department of Wildlife Upali Padmasiri and a former clerk of the same department B. Sanjeewani.