Visa fiasco: SC summons Immigration Chief for non-compliance of Court order

• Controller General of Immigration I. S. H. J. Ilukpitiya absent due to being overseas
• Court in unprecedented move said Deputy Controller must get into witness box and make disclosure on oath for the judges to make an order

The Supreme Court yesterday directed Department of Immigration and Emigration Controller General I.S.H.J. Ilukpitiya to appear before Court in person for not implementing a previous order in relation to the visa issuance system.

The directive, issued in August, temporarily suspended a Cabinet decision to delegate Sri Lanka’s online and foreign visa services to a consortium led by GBS Technology Services, IVS Global-FZCO, and VFS VF Worldwide Holdings Ltd. The suspension is to remain in effect until the resolution of several ongoing petitions.

During a hearing yesterday, the Court was informed by the Attorney General on behalf of the Controller General of Immigration and Emigration that the latter had cited practical difficulties in complying with the Supreme Court’s order. 

However, the three-judge bench led by Supreme Court Justice Prithi Padman Surasena emphasised that the failure to implement the court’s order constitutes a violation of the Supreme Court’s decision. 

As a result, the court directed the Controller General of Immigration and Emigration to appear in person to present the relevant facts. 

Petitioner M.A. Sumanthiran argued that the Controller General’s claim of impracticality in implementing the court’s order constitutes an affront to the authority of the court.

The Department of Immigration and Emigration Acting Controller and Deputy Controller IT appeared in Court in the absence of Controller General. One of the Deputies told the Court that Controller General llukpitiya did not give him instructions to implement the interim order. Illukpitiya had said that he would consult the Attorney General and let him know what to do, but thereafter didn›t give him any further direction. The Court in an unprecedented move said he must get into a witness box and state that on oath, for them to make an order.

The Supreme Court had previously issued an interim order halting the implementation of agreements with the two foreign institutions, following multiple fundamental rights petitions. The petitions, filed by several parties including Opposition Members of Parliament, including M.A. Sumanthiran, Rauff Hakeem, and Patali Champika Ranawaka, as well as slew of travel and tourism industry associations allege procedural violations and an abuse of public trust in outsourcing the visa application process to private entities.