Supreme Court postpones former MP Sujeewa Senasinghe’s Bribery FR amidst heavy objections from Attorney General

The Fundamental Rights application filed by former MP Sujeewa Senasinghe, concerning the recording of his statement by the Bribery Commission (CIABOC), was postponed for the fourth consecutive time by the Supreme Court last Thursday.

When the case was called for support for leave to proceed, Senior State Counsel Shaminda Wickrema, appearing for the Attorney General announced that all Respondents – including CIABOC, the Bribery Commissioners, the Bribery Director General, the CIABOC investigating officer and the Attorney General – were ready.  

However President’s Counsel Romesh de Silva, appearing for former MP Sujeewa Senasinghe, wanted the case postponed yet again, stating that the case would only be of “academic value” after the elections.

Senior State Counsel Wickrema appearing for the Respondents objected to the postponement, stating that the case was filed frivolously and was fraught with illegalities. He said that the case had been postponed several times and that even the Court of Appeal had now “thrown out” the connected Writ matter also filed by former MP Senasinghe previously.

Justice Thurairajah heading the bench then cautioned SSC Wickrema saying “you don’t decide. We will decide.”

Following the State’s objections, President’s Counsel de Silva stated that he would then support the case on that day. The Supreme Court however postponed the case to 20 November and further order that the Petitioner, Sujeewa Senasinghe could file a motion if he wished to withdraw the case before that.

The Fundamental Rights case was filed by former MP Sujeewa Senasinghe against the Bribery Commission, contesting the fact that he was called to the Bribery Commission to record his statement regarding several cash cheques issued by W.M. Mendis & Co. The news first made headlines during the era, since the cheques were issued just before former MP Senasinghe replaced another MP and sat in the Committee on Public Enterprises (CoPE) which then decided on the controversial Central Bank bond deal.  The CoPE was then headed by MP Sunil Handunnetti. Former MP Senasinghe contended that this investigation was part of a political witch hunt after he was named the organiser of the Presidential Election for the Samagi Jana Balawegaya (SJB). Another connected Writ application was also filed by the former MP in the Court of Appeal and was dismissed on 29 August this year.

The case was heard by a three Judge bench comprising of Supreme Court Justices S. Thurairajah P.C., Kumudini Wickramasinghe and Priyantha Fernando.