COURT PERMITS GOTA TO CHANGE CAPTION ON FR PETITION

BY S.S. SELVANAYAGAM

The Supreme Court yesterday permitted former defence secretary Gotabaya Rajapaksa to amend the caption on his petition with regard to an imminent arrest and detention by the Financial Crime Investigation Division (FCID).

The Bench comprising Chief Justice K. Sripavan, Justices Priyantha Jayawardane and Upali Abeyratne fixed the matter to be taken up on January 28 next year.

On May 13 a Bench comprising Justices Eva Wanasundera and Sarath de Abrew issued an interim order preventing the FCID and others from arresting Mr. Rajapaksa on charges of having committed a financial crime.

The Court also granted leave to proceed with his petition on the imminent infringement of his fundamental rights to equality and equal protection of the law, to freedom from arbitrary arrest and detention as well as his right to the freedom of movement.

The respondents cited by Mr. Rajapaksa were: Prime Minister Ranil Wickremesinghe and the members of the Cabinet, Cabinet Secretary, Presidential Secretary, IGP N.K. Ilangakoon, CID Director B.R.S.R. Nagahamulla, FCID DIG RaviWaidyalankara and the Attorney General.

Romesh de Silva PC with Ali Sabry PC, Sugath Caldera and Sanath Wijewardane appeared for Mr. Rajapaksa while Deputy Solicitor General Arjuna Obeysekera appeared for the respondents.

Mr. Rajapaksa’s petition sought an Interim Order preventing the police from arresting him in connection with several investigations and a declaration that the gazette notification on the setting up of the FCID was ultra vires.