Gotabaya Nanadasena Rajapaksha vs Pujith Jayasundara and others – CA 391/2017-2017

In the matter between Gotabaya Nanadasena Rajapaksha and the Respondents including Pujith Jayasundara, Inspector General of Police, the court addressed the validity of a certificate issued under section 8(1) of the Offences Against Public Property Act alleging dishonest misappropriation by the Petitioner. It was held that the issuance of the certificate was not substantiated, as the dispute pertained to a commercial arrangement supported by board minutes and acknowledged payments, rather than to criminal misappropriation. The findings reaffirmed the legal principle that dishonesty and wrongful loss or gain, as required under the Penal Code and relevant precedents, must be firmly established for a prosecution under this Act. The decision resulted in suspension of the operation of the certif