Supreme Court remands Controller General of Immigration for contempt of Court

The Supreme Court  yesterday ordered the Department of Immigration and Emigration (DIE) Controller General Harsha Ilukpitiya be remanded, following his failure to implement a Court directive concerning the visa processing system.

The Court ordered to remand him till the conclusion of the contempt of Court proceedings against him. Ilukpitiya faces contempt of Court charges for disregarding an earlier ruling issued on 2 August, to revert to the previous visa processing system, which suspended the Cabinet’s approval for outsourcing visa services.

A three-member Judge bench, comprising Justices Preethi Padman Surasena, Kumuduni Wickremasinghe and Achala Wengappuli issued the rule against Ilukpitiya and scheduled further inquiries on 22 January 2025.

The Supreme Court Registrar read out the charges of contempt of Court in open Court, but the respondent Ilukpituiya pleaded not guilty of the allegations.

Appearing on behalf of Ilukpitiya, Faiz Musthapha, PC, informed the Court that his client did not wilfully fail to comply with the Court’s interim order issued on 2 August 2024. He explained that despite multiple attempts to implement the order, practical and technical difficulties prevented its execution. However, he assured the Court that the order would be carried out within a week.

In response, M.A. Sumanthiran PC representing the petitioners highlighted inconsistencies in Ilukpitiya’s stance. He pointed out that the respondent’s motion to the Supreme Court claimed that the interim judicial restraining order could not be implemented. 

Initially requesting two months to implement the order, the respondent is now seeking to reduce this to one week, revealing a contradictory position that according to Sumanthiran said was disrespecting the Court’s authority.

Following the arguments of the Counsels’, the three-member Judge bench emphasised the judiciary’s responsibility to uphold the dignity and authority of the Supreme Court in light of the situation.

On 2 August, the Supreme Court ordered authorities to halt the controversial outsourced visa processing agreement, citing legal and rational concerns raised by various stakeholders. The Court ordered the reactivation of the previous Electronic Travel Authorisation (ETA) system handled by SLT-Mobitel and the suspension of additional service fees imposed under the outsourced system.

The controversy stems from the outsourcing of visa operations to third-party entities, which critics claim violated tender procedures, lacked transparency and bypassed competitive bidding.

The outsourced system by the previous regime from 17 April 2024 imposed additional charges, raising the cost of standard visa from $ 75 to $ 100.77, including service and convenience fees.

The move was highly criticised by tourism and travel associations for making Sri Lanka less competitive compared to other regional destinations like Malaysia and Thailand.

Seven different petitions filed by multiple parties against the new visa scheme of the country, stirred much controversy and allegations of corruption.

Among those who have challenged the legality and rationality of the controversial outsourcing of the visa process include collective action by seven travel and tourism industry associations, the Transparency International Sri Lanka (TISL), good governance activists Dr. Rohan Pethiyagoda and Chandra Jayaratne as well as former MPs Patali Champika Ranawaka, M.A. Sumanthiran, and Rauff Hakeem.

The petitions cited 28 respondents including former Public Security Minister Tiran Alles, 17 other Cabinet Ministers, Controller General of Immigration and Emigration, as well as the parties involved in the outsourced visa processing GBS Technology Services and IVS Global-FZCO, IFZA Dubai Digital Park, and VF Worldwide Holdings Ltd., Dubai.

The Sri Lanka Association of Inbound Tour Operators (SLAITO), The Hotels Association of Sri Lanka (THASL), the Association of Small and Medium Enterprises in Tourism (ASMET), the Sri Lanka Association of Professional Conference, Exhibition and Event Organisers (SLAPCEO), the Sri Lanka Hospitality Graduates Association (SLHGA) and the Tourism Alliance in their joint petition said the new visa process was detrimental to the industry as it has created confusion and chaos in a system that was otherwise very simple, user friendly and well accepted as one of the best in the region.

Since the new arrangement came into force from 17 April, the visa fee for a foreigner saw an increase of $ 18.50 as service fee and $ 7.27 as convenience fee for the benefit of the parties handling the outsourced arrangement. This saw the effective cost of a standard visitor visa for non-SAARC regions rise to $ 100.77 from $ 75. Another issue was that even those nationals from the seven countries which come under the category of free-visa online are subject to the service fee and convenience fee.

The seven associations in their joint petition alleged that the former Government’s outsourcing move was in violation of the Immigrants and Emigrants Act, tender guidelines law, and the Right to Information Act and is ultra vires, arbitrary, unreasonable and wholly illegal.