By Lakmal Sooriyagoda 

The writ petition filed seeking an order preventing Ajith Nivard Cabraal from functioning as the Governor of Central Bank was yesterday dismissed by the Court of Appeal.

Court of Appeal Justices Sobhitha Rajakaruna and Dhammika Ganepola observed that the petitioner had failed to establish a prima facie case in order to proceed with the application.

The Court of Appeal upheld the preliminary objections raised by newly appointed Central Bank Governor Ajith Nivard Cabraal and Attorney General challenging the maintainability of the writ petition. Accordingly, the petition was ordered to be dismissed in limine.   Former Southern Province Governor Rajith Keerthi Thennakoon had filed the writ petition naming Finance Minister Basil Rajapaksa, Central Bank Governor Cabraal, Secretary to the President  P. B. Jayasundare, Inspector General of Police, Central Bank Deputy Governor T. M. J. Y. P. Fernando and the Attorney General as respondents.

Both Attorney General and Central Bank Governor had raised preliminary objections citing that the Court of Appeal had no jurisdiction to hear this case since the appointment for the post of Central Bank Governor had been made by the President. They moved the Court that this petition be dismissed in limine.

 However, President's Counsel Maithri Gunaratne appearing for the petitioner had submitted to the Court that the petitioner's main concern was regarding the failure on the part of law enforcement authorities to take legal action against Ajith Nivard Cabraal considering evidence available within the Forensic Audit Report.  Through his petition, Rajith Keerthi Thennakoon sought a Writ of Mandamus to compel the Attorney General and IGP to take legal action against Ajith Nivard Cabraal considering evidence available within the Forensic Audit Report.
 The petitioner stated that according to the forensic report about the review period of (“1 January 2002 to 28 February 2015”) calculated that the Central bank of Sri Lanka had incurred losses between Rs. 10.4 – 10.6 Billion from 2005 to 2015 to the Sri Lanka Government, whilst Ajith Nivard Cabraal was the head of the Central bank.  The Petitioner further stated that whilst Ajith Nivard Cabraal was under so much scrutiny over his actions during his tenure at the CBSL for the period from 2006 to 2015, and in the event, he being appointed as the Governor of Central Bank, he may tamper the evidence against him.

  President’s Counsel Maithri Gunaratne appeared for the petitioner. President’s Counsel Romesh de Silva with Palitha Kumarasiri and Counsel Niran Anketell under the instructions of Attorney-at-law Sanath Wijewardane appeared for the Governor and Deputy Governor of Central Bank. Additional Solicitor General Nerin Pulle appeared for the Attorney General.