Two Fundamental Rights actions
In a Fundamental Rights action (SCFR 212/2022) against a string of VIPs, the Supreme Court has granted leave to proceed against former President Gotabaya Rajapaksa, former Finance Ministers Mahinda Rajapaksa and Basil Rajapaksa, former Central Bank Governors, Professor W.D Lakshman and Ajith Nivard Cabraal, the Monetary Board of Sri Lanka and Former Secretary to the Treasury S.R Attygalle.
In another case (SCFR 195/2022), leave to proceed was granted against former President Gotabaya Rajapaksa, former Finance Ministers Mahinda Rajapaksa and Basil Rajapaksa, the Cabinet of Ministers, the Monetary Board of Sri Lanka, Former Governors of the Central Bank, Professor W.D Lakshman and Ajith Nivard Cabraal, Former Secretary to the Treasury S.R Attygalle,, Former Secretary to the President P.B. Jayasundera, Former Finance Minister Ali Sabry P.C., present member of the Monetary Board S.S.W. Kumarasinghe.
Court also directed that present members of the Monetary Board who served on the Monetary Board during the matters in question, namely Sanjeeva Jayawardena, P.C., and Dr. Ranee Jayamaha be added as Respondents in this Application.
The following orders were also made by court:
1. The Auditor General to conduct an audit and submit a report by November 30, in respect of:
a. The decision made by the Monetary Board to set the value of the Sri Lankan rupee at Rs. 203 against the US Dollar and all matters connected thereto.
b. The delay in seeking assistance from the IMF and all matters connected thereto.
c. All matters relating to the settlement of the sovereign bond of US Dollars 500 million on January 18, 2022, using foreign reserves
d. An audit on the loss caused to the Central Bank by such payments.
2. The Court also directed that Dr. Nandalal Weerasinghe, Governor of the Central Bank produce copies of all communications and recommendations given to the former President Gotabaya Rajapaksa, former Finance Ministers Mahinda Rajapaksa and Basil Rajapaksa, the Cabinet of Ministers, the Monetary Board of Sri Lanka, Former Governors of the Central Bank, Professor W.D Lakshman and Ajith Nivard Cabraal, Former Secretary to the Treasury S.R Attygalle, by the Central Bank on or before November 30, 2022.
3. The court also directed the Monetary Board to produce copies of all reports given to Former Ministers Mahinda Rajapaksa and Basil Rajapaksa, as per Section 64 and 68 of the Monetary Law Act, on or before November 30, 2022.These matters are to be mentioned on January 9, 2023.
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