SC defers FR petition by Gamini Senarath to 21 Feb. 

By S.S. Selvanayagam

The Supreme Court yesterday deferred to 21 February the fundamental rights petitions filed by Gamini Sedara Senarth, the former President’s Chief of Staff, and two others, former Managing Director of the Sri Lanka Insurance Corporation Piyadasa Kudabalage and former Commissioner of Samurdhi Neil Bandara Hapuwinna. 

The bench comprised Justices B.P. Aluvihara, Anil Gooneratne and Nalin Perera.

The petitioners had sought an order from the Supreme Court preventing the Financial Crime Investigation Division (FCID) from arresting them over a magisterial inquiry under the Public Property Act.

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

 On an application by the FCID request, 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.

The petitioners lamented their imminent arrest by the FCID at this juncture was politically motivated and mala fide with the intentions of punishing them by depriving their personal liberty without any legally justifiable reason.

They claimed therefore that it constituted an imminent infringement of the fundamental right to the freedom of movement and of choosing their residence in Sri Lanka and the right to equality and their entitlement to equal protection by the law guaranteed by the Constitution. According to a B report (summary report – information) filed by the police at 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 were 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.

Romesh de Silva PC with Sugath Caldera appeared for Gamini Senarath while Ali Sabry PC with Ruwantha Cooray appeared for the other two petitioners.

 In the meantime, Senarath and other two petitioners had been released on bail by Colombo Fort Magistrate Lanka Jayaratne on 21 November.

They were each released on cash bail of Rs. 50, 000 with two sureties of Rs. 1 million each.

Furthermore, a travel ban was imposed on Senarath and the second suspect Piyadasa Kudabalage.