Gotabaya, Mahinda, Basil and 36 others to face legal action?

By A.J.A Abeynayaka

The Supreme Court yesterday granted leave to proceed with several fundamental rights petitions seeking legal action against former President Gotabaya Rajapaksa, former Finance Ministers Mahinda Rajapaksa and Basil Rajapaksa, and 36 others for financial irregularities and mismanagement of the economy.The cases were filed by Transparency International Sri Lanka (TISL) and a former Chairman of the Ceylon Chamber of Commerce, Chandra Jayaratne, swimming champion, Julian Bolling, Jehan Canagaretna and Prof. Mahim Mendis.

Among the others named as respondents are 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 Attygala, Former Secretary to the President P.B. Jayasundere, Former Finance Minister Ali Sabry P.C., and present member of the Monetary Board S. S.W. Kumarasinghe. Among the other respondents are the present members of the Monetary Board, who served on the Board previously, namely, Sanjeeva Jayawardena, P.C., and Dr. Ranee Jayamaha.

The Court also instructed the Auditor General to conduct an audit and submit a report by 03 November, in respect of 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; the delay in seeking assistance from the IMF and all matters connected thereto; all matters relating to the settlement of the sovereign bond of US dollars 500 million on 18 January 2022, using foreign reserves. He was also asked to conduct an audit on the losses caused to the Central Bank by such payments.

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 Attygala, by the Central Bank on or before t 30 November 2022.

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 30th of November 2022. Matters to be mentioned on 9th of January 2023.The bench consisted of Chief Justice, Jayantha Jayasuriya, Justice Buwaneka Aluwihare, Justice Vijith Malalgoda and Justice L. T. B. Dehideniya.