8 October 2024 05:28 am Views - 4702
The Director General (DG) of the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) today gave an undertaking to resign from office by 3 p.m. yesterday after the Supreme Court granted leave to proceed with three Fundamental Rights applications filed challenging his appointment.
Three petitioners including the Transparency International Sri Lanka (TISL) had filed Fundamental Rights Petitions challenging the appointment of Kanishka Wijeratne as the Director General of the Bribery Commission.
The Supreme Court three-judge bench, comprising Justices Preethi Padman Surasena, Kumudini Wickremesinghe, and Janak de Silva, granted leave to proceed with the petitions under Article 12(1) of the Constitution. Counsel appearing on behalf of the Director General of the Bribery Commission informed the Court that his client intended to submit his resignation to return to judicial service. As a result, the petitioners agreed not to press for interim relief, provided he resigns by 3 p.m. yesterday.
Viran Corea PC appeared for TISL. Saliya Pieris PC appeared for Vidhura Ralapanawe. Venuka Cooray appeared for Ruwani Niwanthika Fonseka. Senior Additional Solicitor General Viraj Dayaratne appeared for the Attorney General. Uditha Egalahewa PC appeared for the Bribery Commission Director General.
Kanishka Wijeratne, who had previously served as the DG of CIABOC since January 2020, was reappointed to the same position on April 2, 2024, following the enactment of the new Anti-Corruption Act.
The TISL's petition contends that Kanishka Wijeratne's appointment violates provisions of the Anti-Corruption Act, lacks procedural integrity and transparency.
The TISL requests the Supreme Court to nullify the appointment or alternatively direct the authorities to remove Wijeratne and appoint a new DG in accordance with the law. The petition further argues that he does not meet all statutory requirements and criteria for the DG role.