Ranil questions validity of interim order on Gota by two-Judge Bench SC

• To refer matter to Attorney General for advice
• Opines former Defence Secy’s FR case being taken up in October could mean “justice delayed is justice denied”

Prime Minister Ranil Wickremesinghe

Prime Minister Ranil Wickremesinghe yesterday said that the interim order given by the Supreme Court (SC) staying the arrest of former Defence Secretary Gotabaya Rajapaksa was not effective and the opinion of the Attorney General would be sought.

Wickremesinghe explained to journalists that according to the Article 132 and Sub-Article 2 of the Constitution, the interim order given by the two-judge bench of SC was not effective. 

“Under these Articles it is not correct for a SC bench comprising a maximum of three judges to exercise ordinary jurisdiction and that a two-judge bench could only exercise jurisdiction when taking up an urgent appeal for inquiry. Therefore I will seek the opinion of the Attorney General on this matter. I have already instructed my lawyers to discuss the matter with the Additional Secretary of the Prime Mister’s Office and to then take it up with the Attorney General and to let him know the position regard this case. By that time if we have an order, then I will pass on the order also to my lawyers and Attorney General,” he said. 

The Premier noted that the interim order would not prevent investigations and further questioning of the former Defence Secretary but only stay his arrest. 

However, when questioned by a journalist, Wickremesinghe said he had not received any notice from the SC citing that he was a respondent in the petition filed by Rajapaksa, but admitted that he obtained a copy of the notice sent to the Cabinet. 

“My lawyers pointed out to me that if the case is taken up in October on the legal maxim ‘justice delayed is justice denied,’ a question of delayed justice can occur. However, I have received a copy of the petition and it consists of 600 pages. But I have received nothing from the Court. I have not yet received an order.

 There has been no order made by the Court, I have been informed as of yesterday. They may release the order today or later on,” he added. 

The Supreme Court on Wednesday issued an interim order preventing the former Defence Secretary’s arrest until the determination of the FR petition filed by him. The case was taken up before a three-member judge bench comprising Justices Eva Wanasundera, Sisira De Abrew and Buwaneka Aluwihare. However, Justice Buwaneka Aluwihare decided to step down on personal grounds and therefore the petition was considered by only two judges, who postponed the hearing until 6 October.