SC grants leave to proceed on case against Rajapaksas, top officials for economic crisis

• Petitions filed against former President Gotabaya Rajapaksa, former Finance Ministers Mahinda Rajapaksa, Basil Rajapaksa and 36 respondents

The Supreme Court has granted leave to proceed over a case filed against former President Gotabaya Rajapaksa, former Finance Ministers Mahinda Rajapaksa, Basil Rajapaksa and 36 respondents calling for an investigation into financial mismanagement and the economic crisis.

 The court directed the Monetary Board to produce copies of all reports given to Former Ministers Mahinda Rajapakse and Basil Rajapakse, as per Section 64 and 68 of the Monetary Law Act, on or before 30 November.

The Supreme Court also ordered the Auditor General to submit a report before 30 November on the delay in seeking assistance from the International Monetary Fund (IMF), failing to maintain the currency at Rs. 203 against the dollar, settlement of $ 500 million for an international sovereign bond on 18 January using foreign reserves and an audit on the loss caused to the Central Bank by such payments.

 The Court also directed the present Central Bank Governor Dr. Nandalal Weerasinghe, to produce copies of all communications and recommendations presented to former President Gotabaya Rajapaksa, former Finance Ministers Mahinda Rajapaksa and Basil Rajapaksa, the former Cabinet of Ministers, the Monetary Board, former Governors of the Central Bank Prof. W.D. Lakshman and Ajith Nivard Cabraal, and former Treasury Secretary S.R. Attygalle before 30 November.

The petitions are to be taken up again on 9 January 2023.

The fundamental rights petitions were filed seeking an immediate probe into those who were accountable for taking irresponsible decisions without proper assessment, leading to the bankruptcy of the economy, whilst causing dire hardships for the citizens.

 After several days of deliberation, a five-judge bench comprised of the most senior justices, including Chief Justice Jayantha Jayasuriya, Justices Buwaneka Aluvihare, Priyantha Jayawardena, Vijith Malalgoda, and L.T.B. Dehideniaya, granted leave to proceed.

 A total of 39 individuals, including former President Gotabaya Rajapaksa, former Finance Ministers Mahinda Rajapaksa, Minister Basil Rajapaksa, Ali Sabry, former Treasury Secretary S.R. Attygala former Governors of the Central Bank Prof. W.D. Lakshman and Ajith Nivard Cabraal, former Secretary to the President P.B. Jayasundere, members of the Monetary Board at that time, and several others have been cited as respondents.