The Supreme Court issued an interim order today preventing FCID from arresting former Defence Secretary Gotabhaya Rajapaksa.
This interim order will be in force until the Fundamental Rights Petition by the former Defence Secretary is considered.
The Petition was filed by former Defence Secretary Gotabhaya Rajapaksa on Monday.
He cited in his petition that the FCID is illegitimate, therefore requested the Court to prevent the FCID from arresting him in connection with ongoing investigations.
In his petition, Gotabhaya Rajapaksa named 45 respondents including the Prime Minister, the Cabinet of Ministers and the Defence Ministry Secretary as respondents.
The Fundamental Rights Petition was considered this morning before a panel of three Supreme Court Judges.
They were Justice Eva Wanasundera, Justice Sarath Abrew and Justice Buwaneka Aluvihare.
However, Justice Buwaneka Aluvihare said that he would withdraw from hearing the case on personal reasons.
Later, the petition was considered before a panel of two Supreme Court Judges, Justice Eva Wanasundera and Justice Sarath de Aabrew.
The lawyers appeared for the petitioner informed the court that the Cabinet has no authority to set up the Financial Crimes Investigation Division through a gazette notification.
The lawyers also pointed out that the particular gazette notification has only 4 clauses.
The petitioner’s lawyers also stated that the FCID is controlled by a Cabinet Sub Committee, presided by the Prime Minister.
They further said that under such circumstances, there is a possibility to prevent investigations, if any, against the prime minister or his close associates.
The senior lawyer who appeared on behalf of the Attorney General’s office stated that the FCID was set up on a legal basis in order to investigate large scale financial frauds.
After considering the submissions of both parties, the panel of Supreme Court Judges directed to hear the case on October 6th, and asked to file objections, if any, before July 7th.
Update: Wednesday, 13 May 2015 - 07:39 PM ...................................................................
A Supreme Court judge withdraws from hearing Gotabaya Rajapaksa's FR petition
One of the Supreme Court judges supposed to consider the Fundamental Rights Petition filed by former Defence Secretary Gotabhaya Rajapaksa has withdrawn from the three member panel.
Accordingly, the fundamental rights petition filed, citing the FCID is illegitimate would be considered before a panel of two Supreme Court Judges.
Supreme Court Judges Eva Wanasundera, Sarath Aabrew and Buwaneka Aluvihare had been named to the panel to consider the FR petition by former Defence secretary Gotabhaya Rajapaksa.
However Supreme Court Judge Buwaneka Aluvihare has told today that he would withdraw from the panel for personal reasons.
The lawyers of former Defence secretary Gotabhaya Rajapaksa filed this FR petition last Monday.
In his petition, 45 respondents have been named including the Prime Minister, the Cabinet of Ministers and Defence Ministry Secretary.
Update : Wednesday, 13 May 2015 - 13:16 --------------------------------------------------------- GOTA's FR petition taken up today
The Fundamental Rights petition filed by former Defence Secretary requesting restraining order preventing his arrest is scheduled to be taken up at the Supreme Court today.
While his lawyers filed this FR petition last Monday, 45 persons including the Prime Minister, the cabinet and the Defence Secretary have been named respondents in the case.
The petition also points out that the Police Financial Crime Investigation Division is illegal.
The petition further requests that the procedures of the police financial crimes investigation division and the verdicts given by it be considered to be without a legal basis and that accordingly the steps so far followed by the FCID be nullified.