Gotabaya FR case: SC re-fixes argument for 24 Oct.

By S.S. Selvanayagam

The Supreme Court yesterday (15) re-fixed the argument for 24 October in respect of the fundamental rights petition filed by former Defence Secretary Gotabaya Rajapaksa and order preventing police from arresting him over several purported investigations and a declaration that the gazette notification on the Fraud Crimes Investigations Division is ultra vires.

The bench comprised Chief Justice Priyasath Dep, Justices Upaly Abeyrathne and Anil Gooneratne.

When the petition came up on 13 March, the Additional Solicitor General revealed that the investigation against him was continuing and that if there was a cognisable offence (means a police officer has the authority to make an arrest without a warrant and to start an investigation with or without the permission of a court) against him, the integral part of such an offence is a mandatory requirement to arrest.

He, appearing for the respondents and the Attorney General, also told Court that the Interim Order preventing the Financial Crimes Investigation Division from arresting him granted on 13 May 2015 was still in operation.

When the petition was in the first instance taken up on 13 May 2015, Justice Buwaneka Aluvihara had declined to be a member of the bench and a two-judge bench comprising Justices Eva Wanasundera and Sarath de Abrew had granted Interim Order preventing the FCID and others from arresting the former Defence Secretary Gotabaya Rajapaksa for the alleged financial crime.

They had also granted leave to proceed with his petition for the alleged imminent infringement of his fundamental rights to equality and equal protection by the law, to freedom from arbitrary arrest and detention as well as his right to the freedom of movement.

Petitioner Gotabaya cited Prime Minister Ranil Wickremesinghe, the members of the Cabinet, Secretary to the Cabinet, Secretary to the President, IGP N.K. Ilangakoon, CID Director B.R.S.R. Nagahamulla, DIG of the Financial Crimes Investigation Division Ravi Waidyalankara and the Attorney General as respondents.

Romesh de Silva PC with Ali Sabry PC, Sugath Caldera and Sanath Wijewardane appeared for the petitioner. K. Kanag Iswaran PC appeared for the Prime Minister and Additional Solicitor General Yasantha Kothagoda appeared for the respondents.

Petitioner Gotabaya filed the petition seeking an Interim Order preventing police from arresting him over several purported investigations and a declaration that the gazette notification on the Fraud Crimes Investigations Division is ultra vires.

He states that the National Executive Council (NEC), its members on several newspapers and media channels carried out a malicious campaign against him and the members of his family alleging that they had staged a coup on the night of the elections to hold on to the  power contrary to the mandate of the people.

The members of NEC who were instrumental in articulating the allegations continued with their efforts to make  false and baseless allegations against him over the floating armoury which was found to have docked at the Galle Harbour with a large consignment of weapons and ammunition, allegations of corruption and irregularities in the purchase of a MiG 27 in 2006, purported share manipulation at Lanka Hospitals Ltd. and the leasing of aircraft during his time in office as Chairman of Mihin Lanka, he laments.

The FCID was established to look into complaints forwarded by the Cabinet sub-committee under the patronage of the Prime Minister, who was also a member of the said ‘National Executive Council’, he complains.

In the light of the complaints being forwarded by the subcommittee, there was a likelihood that the FCID is being biased and coerced and could make a finding adverse to him, he said.