CA quashes political victimisation panel's findings against the Yahapalana Govt.

The Commission of Inquiry (CoI) to Investigate Allegations of Political Victimisation during the Yahapalana Government had acted outside its legal mandate, the Court of Appeal (CA) has ruled.

The CA on Monday issued a writ order quashing the recommendations and findings of the CoI headed by retired Supreme Court Justice Upali Abeyratne. Other members of the Commission were retired CA Judge Daya Chandrasiri Jayathilaka and former Inspector General of Police Chandra Fernando. All three were among five respondents cited in the petitions.

The Court gave the order after considering seven petitions filed against the CoI’s findings and recommendations by various individuals including President Ranil Wickremesinghe and National People’s Power Leader Anura Kumara Dissanayake. In addition, the CA also quashed the findings and recommendations made by the CoI on others mentioned in the Commission’s report, including Parliamentarian Field Marshal Sarath Fonseka, former Director of the Criminal Investigation Department Shani Abeysekara, President’s Counsels Dr. Jayampathy Wickramaratne and J.C. Weliamuna.

In their ruling, a three-judge bench headed by CA President Nissanka Bandula Karunarathna, D.N. Samarakoon and Mohammed Laffar further noted that the Commission’s report containing its findings and recommendations was contrary to the principles of natural justice. The judges have further stressed that the recommendations that have been arrived at are “grossly unreasonable and far exceeds what a reasonably prudent person would arrive at, given the positions and the evidence before them.”

Making submissions during the hearing into the petitions, the Attorney General informed Court that the Cabinet has decided not to take any action regarding the CoI’s report. The petitioners however, wanted the CA to issue an order quashing the findings and recommendations of the Commission.

After conducting its hearing into the petitions, the Court issued a Writ of Certiorari quashing the findings, decisions, material and recommendations of the CoI.

The judges have further stressed that the recommendations that have been arrived at are “grossly unreasonable and far exceeds what a reasonably prudent person would arrive at, given the positions and the evidence before them.