COLOMBO: The fiscal officer of the Colombo Commercial High Court has been suspended over the incident of detaining an aircraft belonging to Russian Aeroflot Airlines at the Bandaranaike International Airport, the Ministry of Justice, Prison Affairs and Constitutional Reforms announced.
The Ministry of Justice has taken steps to inform the Chief Justice in writing that it is appropriate to take action against the lawyer who has been charged in connection with this case, said the Coordinating Secretary to the Minister Dasun Nagashena.
The Fiscal Officer is charged with abusing the judicial process when enforcing an interim order, issued by the Colombo Commercial High Court to restrain the Aeroflot Airbus A 330 from departing the Sri Lankan airport.
However, according to a report in The Island, the Bar Association of Sri Lanka (BASL) said that it couldn’t report the lawyer involved in the Aeroflot affair to the Supreme Court, without inquiring into the incident. It transpired, before High Court Judge, S. M. H. S.P. Sethunge, in the Commercial High Court of the Western Province, that Attorney-at-Law Aruna de Silva had accompanied a fiscal officer of the same Court to the Bandaranaike International Airport, on 02 June to deliver a Court ruling in a case filed by Ireland-based Celestial Aviation Trading Company Ltd., against Aeroflot.
Justice Minister Dr. Wijeyadasa Rajapakse, in a recent TV interview, said that a lawyer, accompanying a Court officer to deliver a Court ruling was extraordinary. The Minister stressed the need for a thorough investigation. However, the BASL’s Professional Purpose Committee could initiate an inquiry only if the outfit received a complaint from the public, The Island quoted BASL President Saliya Pieris, PC as saying.
On 2 June 2022, the Commercial High Court of the Western Province issued an Enjoining Order on the Aeroflot flight restraining it from taking off from Bandaranaike International Airport.
On 2 June 2022, the Commercial High Court of the Western Province issued an Enjoining Order on the Aeroflot flight restraining it from taking off from Bandaranaike International Airport. The case relates to a commercial dispute between the Plaintiff, Celestial Aviation Trading 10 Limited an Irish Company against the first Defendant the Public Joint Stock Company “Aeroflot” and the second Defendant, Mr. N. C Abeywardene/Acting Head of Air Navigation/Airport and Aviation Services of Sri Lanka (AASL), Katunayake.ke.
The Court Monday rescinded the restraining order and granted permission for the aircraft to fly back to Moscow after the Attorney General filed a motion stating that the matter has inconvenienced passengers, affected the tourism industry and the national economy, and has legal implications.
Earlier, Minister of Ports, Shipping, and Aviation Nimal Siripala de Silva said the problem with the Aeroflot aircraft is over and steps will be taken to prevent any further disruption to flights arriving in Sri Lanka.
The Minister held discussions yesterday with the Russian Embassy and the airline in connection with the detention of an Aeroflot plane.
Although the government assured the Russian authorities that the dispute on the Russian Aeroflot aircraft is not a diplomatic issue but a private legal matter between two companies, it was feared that the tourism industry and dollar income will be affected by the enjoining order as Russia cancelled Aeroflot flights to Sri Lanka and ordered the Russian tourists to return home.
Minister de Silva addressing media yesterday (5) said the Attorney General (AG) will make submissions to court today (6) regarding the third parties that were affected as a result of the order issued by the Colombo Commercial High Court last week to ground the Aeroflot aircraft.
The Minister said the Attorney General accordingly filed a motion in the Colombo Commercial High Court today regarding the detention of the aircraft and the court ordered the suspension of the enjoining order issued earlier preventing the Russian Aeroflot aircraft from leaving Sri Lanka.
He thanked the Attorney General for intervening and taking necessary action in this regard.
The Minister said he was happy that the issue had been resolved in this manner and regretted the obstruction caused to passengers and cargo by the detention of the aircraft.
Following the court order, the Russian plane which was parked at the Katunayake Bandaranaike International Airport left Sri Lanka.
