Preventing FCID from arresting Gota: Appeal Court reinforces Interim Order

By S.S. Selvanayagam

The Court of Appeal yesterday (5) reinforced the Interim Order by making it as Inter Parte Interim Order preventing the Financial Crime Investigation Division (FCID) from acting on the Certificate (B Report) under the offences against the Public Property Act in the Magistrate’s Court against former Defence Secretary Gotabaya Rajapaksa.

The Bench comprising Justices P. Padman Surasena (President/CA) and Shiran Gooneratne issued the inter parte (having or involving adverse parties) Interim Order operative till 3 July. The court fixed the main petition for argument on 2 July.

Court yesterday made its order on the question of extension of the ex parte order (on or from one side or party only or from a one-sided or partisan point of view) already issued.

Senior Deputy Solicitor General Viraj Dayaratne who appeared for the Attorney General had maintained the Interim Order was obtained ex parte. He had said the petitioner in his petition did not ask the Court to prevent him from being arrested and remanded but quash the ASP’s certificate submitted to Magistrate preventing the FCID from acting on it under Public Property Act. So it is not the issue of Fundamental Rights violation and if so it should be referred to the Supreme Court.

He had also said the Police recorded the first information on the complaint and submitted the report to the competent court, namely the Magistrate as well as the Attorney General for instruction, and therefore the Attorney General has not violated any law and there is no suppression of facts. There is no violation of law, he had said.

He had said there is not only the Petitioner but six others are also there. He argued the Court of Appeal has no jurisdiction to hear. Romesh de Silva PC appearing for the Petitioner Gotabaya had in his submission contended there was a purpose of mala fide (in bad faith; with intent to deceive) intention to arrest or remand the petition.

He had also said there was no application to stay the proceedings in the Magistrate’s Court and there was mala fide intention to arrest him and his liberty was at stake.

He had stated Petitioner was asking not to arrest him or remand him but indict if the Attorney General thought there were grounds. He submitted the investigation was started since 1015 and no step had been taken to indict him.

He contended the construction of the D.A. Rajapaksa Memorial and Museum was a civil matter and there was no criminal breach of trust and the petitioner had not misappropriated money but they wanted to remand him on misappropriation whereas it was paid for the money incurred as estimated by arbitration and the question of quantum of estimate by the Government valuer.

He added there was no request made to stop the investigation or indictment and that the petitioner had instructed the Sri Lanka Land Reclamation Corporation to undertake construction from outside on contract.

He had submitted the petitioner who was the Secretary to Defence and Urban Development Authority had to make a directive to the Board of the Sri Lanka Land Reclamation Corporation after having sought the approval of the Board to pay and Rs. 10 million had been paid to commence the work for the construction of the late D.A. Rajapaksa Foundation where all the expenses would be reimbursed by various sources and he alleged this fact was suppressed.

Petitioner has stated that the D.A. Rajapaksa Foundation, a statutory body, entered into a contract with the Sri Lanka Land Reclamation Board for the construction of a monument at Madamulana Weeraketiya. He also has stated that there was no written contract.

Petitioner Gotabaya Rajapaksa in his application cited IGP Pujith Jayasundara, CID Director Shani Abeysekera, Financial Crimes Investigation Division DIG Ravi Waidyalankara,  ASP Kamal Paliskara and the Attorney General as Respondents.

Romesh de Silva PC with Ali Sabri PC and Sugath Caldera and Ruwantha Cooray instructed by Sanath Wijewardane appeared for the Petitioner. Senior Deputy Solicitor General Viraj Dayaratne with Deputy Solicitors General Thisith Mudalige and Dilan Ratnayake and Senior State Counsel Nirmalan Wigneswaran appeared for the Respondents and the Attorney General.