FR filed by Gota re-fixed for argument


The Supreme Court today re-fixed for argument, the fundamental rights petition filed by former defense secretary Gotabaya Rajapaksa.

Supreme Court three-judge-bench headed by Justice Eva Wanasundara fixed petition for argument on January 23. 

In his petition, Former Defence Secretary Gotabaya Rajapaksha had sought Court’s intervention to prevent an imminent arrest of him over several purported investigations.

On May 13, 2015 the Supreme Court issued an interim order staying the arrest of former defense secretary Gotabaya Rajapaksa and granted leave to proceed in the fundamental rights petition filed by him.

However, on June 8, 2015 the Supreme Court clarified that the interim order staying the arrest of former defense secretary would only apply for four incidents including floating armoury incident, allegations of corruptions and irregularity in the purchase of MiG 27 in year 2006, Purported share manipulation at Lanka Hospitals Limited and Mihin Lanka deal and his arrest cannot be made by three respondents including the IGP, CID Director and DIG of the FCID.

However, the Supreme Court observed that this interim order would not apply for any other investigative authorities who have not been named as the respondents.

Through this petition, Rajapaksa sought the intervention of the Supreme Court to exercise the fundamental rights jurisdiction to prevent an imminent arrest of him over pending or on the conclusion of several purported investigations by the Criminal Investigations Department, Commission to Investigate Bribery and Corruptions and the Frauds and Corruption Investigation Division (FCID) allegedly set up by an order which is ultra vires.

In his petition, Gotabaya Rajapaksa had cited 45 persons including the ministers of cabinet, police chief Pujith Jayasundara and Attorney General as respondents.

President’s Counsel Romesh de Silva appeared for the petitioner. Additional Solicitor General Yasantha Kodagoda appeared for the Attorney General.


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