Ex-President’s Chief of Staff Gamini Senarath’s FR re-fixed for support on 24 Nov. for leave

By S. S. Selvanayagam

The Supreme Court yesterday re-fixed for support on 24 November for granting of leave to proceed with the fundamental rights petition filed by the Former President’s then Chief of Staff Gamini Sedara Senarath, along with other two similar petitions filed by former Managing Director of the Sri Lanka Insurance Corporation Piyadasa Kudabalage and Former Commissioner of Samurdhi Neil Bandara Hapuwinna.

 The bench comprised Chief Justice Priyasath Dep and Justice Anil Gooneratne.

 President’s Counsel Romesh de Silva with Sugath Caldera and Niran Anketell informed the Court that the petitioner is now remanded and bail application is filed in the Fort Magistrate’s Court. The magistrate has fixed the order for 21 November for granting bail. Senior State Counsel Suhashi Herath appeared for the Respondents.

 The petitioners are seeking an order from the Supreme Court preventing the FCID from arresting them over a magisterial inquiry under the Public Property Act.

 The case was filed in the Colombo Fort Magistrate’s Court against them for an alleged offence of having misused Rs.4 billion in Government funds.

 On a request by the Financial Crimes Investigation Division (FCID), the Fort Magistrate had already issued an order preventing them from leaving the country.

 The petitioners cited Inspector General of Police Pujitha Jayasundara, the FCID Director, the Attorney General and several others as respondents, stating that their imminent arrest by the FCID at this juncture is politically motivated and mala fide with the intentions of punishing them by depriving their personal liberty without any legally justifiable reason.

 Therefore it constitutes an imminent infringement of the Fundamental Right to the freedom of movement, they said, and of choosing their residence in Sri Lanka and the right to  equality and their entitlement to equal protection of the law guaranteed by the Constitution.

 According to a B report filed in the Colombo Fort Magistrate’s Court, they have been accused of misusing Government funds by illegally investing Rs. 4 billion from the Rs. 18.5 billion approved by the Cabinet in 2012. It is stated that although  the said funds was allocated for the Kollupitiya Grand Hyatt Regency Hotel which was to be constructed by a company affiliated to the Sri Lanka Insurance Corporation, it had been  invested in the Hambantota Hyatt Regency Hotel project.