Colombo District Judge Aruna C. Ranasinghe dismissed the application made by Sonic Net Technologies (Pvt) Ltd seeking an enjoining order against the officers of the CID and to allow the SONICNET to commence its operations.
Sonic Net Technologies (Pvt) Ltd instituted action in the District Court of Colombo, against, U.K. Mahindadasa Chief Inspector, A.R. Waidayalankara, Senior Superintendent of Police. L. Thilak Bandara, Sub Inspector, all officers of Criminal Investigation Department (CID) seeking an enjoining order preventing the SONICNET Technologies (Pvt) Ltd. from using the equipment at No 83 George R. De Silva Mawatha, Colombo 13.
President's Counsel Romesh De Silva appearing for the plaintiff informed court that SONICNET Technologies (Pvt) Ltd equipment were sealed by the officers of the Investigation Department (CID) as result of the search warrant issued by the Magistrate of Colombo with regard to Communique Broadband Networks (Pvt) Ltd (CBNsat) at 83 George R. de Silva Mawatha, Colombo 13.
The CID officers were not authorized by the Learned Magistrate to seize or seal any equipment belongs to plaintiff and this action is unlawful, illegal.
Further stated that the officers of CID had acted in malice and the said action is ultra vires.
Sumathi Dharmawardena, Senior State Counsel appearing on behalf of the 1 to 3rd defendants informed the court that Plaintiff Sonic Net Technologies (Pvt) Ltd is licence holder in terms of section 17(2) the Sri Lanka Telecommunications Act. No. 25 of 1991 as amended and had entered into an agreement with Communique Broadband Networks (pvt) Ltd. (CBNsat) to do broadcasting of television programs.
CBNSat had failed to obtain a licence in terms of the Telecommunication Act. He further stated that the Magistrate of Colombo had issued the search warrant to inspect the premises and defendants are empowered to seal the equipments in terms of section 65 (1) of Telecommunication Act.
Senior State Counsel Dharmawardena brought to the notice of the court that defendants have acted in their official capacity and in terms of section 24 of interpretation ordinance the District Court cannot issue the enjoining order.
The District Judge made this order yesterday after considering the submissions made by both parties and held that presently the Criminal Investigation Department is conducting investigations pertaining to CBNsat
Television transmission and even if the enjoining order is made it will only restrain the defendants but not the CID. Further stated that same will not be an obstacle for the officers of the Criminal Investigation Department (CID) to seek an order from the Magistrate of Colombo.
The District Judge observed that the plaintiff made an application to use the equipment before the Magistrate and same failed.
The Magistrate had observed that the CID obtained the search warrant after receiving instructions from the Attorney General's Department and search warrant had been executed as provided in the law.
Further District Judge observed in his order that the Magistrate had decided not to permit the transmission. Since the Magistrate had considered this application there is no provision for Civil Court to make a decision.
Aruna C. Ranasinghe the District Judge further stated that the High Court Judge of Colombo decided to make an order after issuing notice.
The District Judge refused the enjoining order stating that it will create a difficulty in conducting investigations by the CID and conflict with the pending cases before the Magistrate Court and High Court.
Romesh de Silva, President's Counsel with Mr. Sudath Caldera and R. Ameen, Attorneys-at-Law instructed by Mr. John Wilson appeared for the plaintiff SONICNET Technologies (Pvt) Ltd.
Sumathi Dharmawardena SSC with Mr. Suasantha Balapatabendi SSC appeared for the Officers of the CID.
http://www.dailynews.lk/2006/06/23/news14.asp
6 comments:
I am not sure whether this is correct reporting
The Daily News Biased reporting syndrome.
Always misleading the public
I think this is entirely wrong and can anyone get the coreect order given by the judge.
We have seen that the Daily News was 100% bias when reporting the CBNsat issue and they tried to create a panic among the public.Basically no one seriously beleives this article in an government newspaper.
CID - some information
The suicide bomber used a palmtop to see the movements inside army HQ by linking onto google earth
this internet is a security threat
GO AHEAD AND BAN ALL SRI LANKANS FROM ACCESSING INTERNET
what can anyone do when the judge has to follow orders from some dickhead politicians!
there is no point going to courts! now i see how criminals are created!
if cbn sat needs justice, then they have to take this case international!
srilankan judicial system is working under top politicians and their puppet-masters!( shame on them!)
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