Writ petition filed against Cabraal withdrawn with rights to file fresh application

By Lakmal Sooriyagoda 
A writ petition filed by General Secretary of Democratic United National Front (DUNF) Ariyawansa Dissanayake seeking an order staying the Central Bank of Sri Lanka from paying a pension to the newly appointed Central Bank Governor Ajith Nivard Cabraal has been withdrawn by the petitioner himself.

On Wednesday (27) when the petition was taken up for support, Counsel Moditha T.B. Ekanayake appearing for the petitioner sought the Court’s permission to withdraw the petition while reserving his rights to file a fresh application. Counsel informed Court that he is expecting to add more details to the petition.

Court of Appeal two-judge-bench Sobhitha Rajakaruna and Justice Dhammika Ganepola permitted the petitioner to withdraw the application and the writ petition was dismissed accordingly.

The petitioner had named Monetary Board of Sri Lanka, Central Bank Governor Ajith Nivard Cabraal, Finance Minister Basil Rajapaksa, members of the Monetary Board of Sri Lanka and several others as respondents.

The petitioner said incumbent Governor Ajith Nivard Cabraal nor any other past Governor of the Central Bank are entitled to have a pension as the Monetary Law Act has not supplied any provision to that effect.

The petitioner further said the Monetary Law Act has provided provisions only to authorise salaries to the staff of the Central Bank and the Governor is not considered as a member of the staff. 

The petitioner further said Governor of the Central Bank is entitled for a package with a very high remuneration as decided by the President as Per Section 12(3) of the Monetary Law Act, which includes an official residence with all super luxuries, two luxury cars, security guards, drivers, domestic servants, free foreign tours with first class air tickets, accommodation in presidential suits in best star class hotels and surprisingly an international credit card with unlimited amounts. The petitioner said Ajith Nivard Cabraal has enjoyed all these luxuries from July 2006 to 8th January 2015 almost for a period of 8 and 1/2 years at the expenses of the tax payers.

“Therefore the Monetary Board of Sri Lanka approving a pension to any past Governors of the CBSL is ultra vires and the decision to approve a pension to Cabraal is bad in law and contrary to the provisions in the Monetary Law Act,” 
the petitioner added.