Stay order issued on execution of arrest warrant on Kurunegala Mayor

The Court of Appeal has issued a stay order preventing the execution of the arrest warrant on the Mayor of Kurunegala Thushara Sanjeewa Vitharana and four other accused linked to the demolishing of a historical building.

The order was delivered by Appeals Court’s bench consisting of its President, Justice A.H.M.D. Nawaz and Justice Sobhitha Rajakaruna, after taking up the writ petitions filed by the Kurunegala Mayor and others challenging the arrest warrant issued on them.

Accordingly, the judge bench ruled that the stay order issued on the execution of arrest warrants on the defendants will be in effect until the petition hearing concludes.

However, the stay order will not hinder the police teams and the magistrate involved in the investigation into the incident, the judge bench noted.

On August 06, the Kurunegala Magistrate had issued arrest warrants on the Kurunegala Mayor, the Municipal Commissioner, Engineer and two others in the case filed over the demolishing of the Buwaneka Hotel, a building of historical value in Kurunegala.

The Attorney General had previously directed the Acting IGP to obtain warrants from court and arrest the said individuals.

Three days later, on August 10, the arrest warrants were re-issued by the Kurunegala Magistrate as the Kurunegala Police failed to execute the warrants previously issued for their arrests.

However, the accused filed writ petitions were on August 11, challenging the arrest warrants.

The Appeals Court, taking up the writ petitions the following day, decided not to carry out the arrest warrant issued on the Mayor of Kurunegala, Thushara Sanjeewa Vitharana and others until the 24th of August.

The building in question, also known as the Buwaneka Hotel, dates back to the 13th century and is presumed to be the assembly hall used by the contemporary rulers.

On July 16th, the Mayor of Kurunegala had demolished the said building for a road development project. He had stated that the Road Development Authority (RDA) had given its approval for the demolition.

The Department of Archaeology then filed a complaint claiming that the building demolished by the Kurunegala Mayor is a 13th-century King’s Court.

This archaeological site has been listed under the provisions of the Antiquities Ordinance No. 9 of 1940.

A five-member committee was then formed by the Secretary to the Ministry of Buddhasasana, Cultural and Religious Affairs, under the directives of Prime Minister Mahinda Rajapaksa to look into the incident.

In the meantime, Attorney General Dappula de Livera, on July 23, obtained an order from the Kurunegala Magistrate’s Court to protect and prevent the access to the demolished historic building site pending investigations.

The prevention order was issued against the Mayor and Deputy Mayor of Kurunegala, Municipal Councillors, Municipal Commissioner, and Engineer Municipal Council staff and their representatives.

On July 28, the Kurunegala Magistrate ordered the Mayor of Kurunegala to hand over all documents pertaining to the demolished building to the safe custody of the court.

Further, the Kurunegala Magistrate called for all the documents and minutes of the City Development Committee from the Governor of the North-western Province.