• A majority of a divided five-judge-Supreme Court bench decided to grant  an interim order sought by the petitioners in a FR  petition filed against several respondents

By Lakmal Sooriyagoda 

The Supreme Court yesterday issued an interim order preventing former Prime Minister Mahinda Rajapaksa and former Finance Minister Basil Rajapaksa from leaving the country until July 28, without the prior approval of the Supreme Court. 

Accordingly, a majority of a divided five-judge-Supreme Court bench decided to grant an interim order sought by the petitioners in a Fundamental Rights petition filed against several respondents including former Prime Minister and former Finance Minister.

Meanwhile, other respondents including former Central Bank Governor W.D. Lakshman and former Secretary to the Ministry of Finance S.R. Attygalle gave an undertaking through their lawyers that they will not leave the country until July 27.  Former Central Bank Governor Ajith Nivard Cabraal also informed court that he would not be leaving the country without the permission of Supreme Court.

Supreme Court five-judge-bench comprising Chief Justice Jayantha Jayasuriya, Justice Buwaneka Aluwihare, Justice Priyantha Jayawardena, Justice Vijith Malalgoda and Justice L.T.B. Dehideniya fixed the petitions for support for leave to proceed on July 27.

In a motion, petitioners sought an interim relief preventing former Prime Minister Mahinda Rajapaksa, former Minister Basil Rajapaksa, former Central Bank Governors Ajith Nivard Cabraal, W.D. Lakshman and former Secretary to the Ministry of Finance S.R. Attygalle from leaving the country without the prior approval of the Supreme Court. 
This motion had been filed in connection with a Fundamental Rights petition filed by Sri Lankan swimmer and coach Julian Bolling, former Chairman of the Ceylon Chamber of Commerce Chandra Jayaratne, Transparency International and  Jehan Canaga Retna.
 In this petition, the petitioners are seeking an order to take legal action against those responsible for financial irregularities and mismanagement of the Sri Lanka economy. 

The petitioners maintained that they have been reliably informed that some of the above respondents may leave the country and thereby avoid giving information sought by the petitioners and consequently prevent proper investigation. 

The petitioners stated that irreparable loss, harm and prejudice would be caused to them and the citizens of Sri Lanka unless the interim relief sought in the application is granted.

President’s Counsel Chandaka Jayasundere appeared on behalf of the petitioners. President’s Counsel Gamini Marapana with Navin Marapana PC appeared for the petitioners. 

Senior Counsel Eraj de Silva appeared for Prime Minister Ranil Wickremasinghe.