by Lakmal Sooriyagoda  

The Supreme Court yesterday ordered that the Controller General of Immigration and Emigration, Harsha Ilukpitiya, be remanded until the conclusion of the contempt of court proceedings, for his failing to implement the Supreme Court’s order over the controversial Visa Deal. 

This order was issued against the respondent in terms of section 9(7) of the Contempt of Court, Tribunal, or Institution Act No. 08 of 2024.

The Supreme Court three-judge bench, comprising Justices Preethi Padman Surasena, Kumuduni Wickremasinghe, and Achala Wengappuli fixed the matter for inquiry on January 22.

The Supreme Court issued a rule charging the Controller General of Immigration and Emigration, Harsha Ilukpitiya, with contempt of court for failing to implement its order, which had suspended a Cabinet decision granting approval for online and expatriate visa operations in Sri Lanka. The charge sheet in this regard was read out to the respondent by the Supreme Court Registrar.

When the matter came before the Supreme Court, Faisz Musthapha PC, along with Faisza Markar PC, appearing on behalf of the Controller General of Immigration and Emigration, Harsha Ilukpitiya, informed the court that their client was not pleading guilty to the charges.

They submitted that there was a possibility to implement the court order, and it would be carried out within two months. They further stated that there were practical and technical difficulties in implementing the order.

Justice Surasena observed that the evidence presented to the court indicated that the respondent had deliberately disregarded the court order and had chosen not to enforce the highest court’s directive. Justice Surasena further noted that the court is duty-bound to uphold the rule of law and maintain the dignity of the judiciary.

M.A. Sumanthiran PC, appearing for the petitioner, moved the court to remand the respondent, given the serious nature of the offense, in accordance with the provisions of the Contempt of Court, Tribunal, or Institution Act. He further stated that the affidavit filed by the respondent was itself an act of contempt, as it contradicted his latest position that the court order could be implemented.

It was revealed before the Court that the first respondent, Ilukpitiya, had failed to implement the Supreme Court’s interim order dated August 2, 2024, which mandated the reinstatement of the previous quick Electronic Travel Authorization (ETA) process. A manager from the Business Solutions Division of Sri Lanka Mobitel and the Controller of the Information and Technology Department of Immigration and Emigration had provided evidence, confirming they had not received any instructions from the Controller General of Immigration and Emigration to carry out the Court’s order. Additionally, the Court was informed that the respondent had set aside a proposal from Mobitel, which aimed to implement the visa operation system within 24 hours.