CA quashes PCoL recommendations against Ranil, Anura and others

By Lakmal Sooriyagoda

The Court of Appeal yesterday issued a writ of certiorari, squashing the report, the findings and the recommendations made by the Presidential Commission on Political Victimisation (PCoI) in respect of incumbent President Ranil Wickremesinghe, JVP leader Anura Kumara Dissanayake and several others.
The Presidential Commission on Political Victimisation (PCoI), commonly known as Upali Abeyratne Commission was appointed by former President Gotabaya Rajapaksa.

Court of Appeal three-judge-bench comprising Justice Nissanka Bandula Karunaratne, Justice M. T. M. Lafar and Justice D.M. Samarakoon unanimously held that the report and the findings of PCoI were beyond the scope of legal authority (ultra vires).

President Ranil Wickremesinghe, JVP leader Anura Kumara Dissanayake, CID former Director Shani Abeysekara, Parliamentarian Sarath Fonseka, President’s Counsel J.C. Weliamuna and Jayampathy Wickramaratne PC had filed these writ petitions challenging the recommendations and decisions made by the PCoI appointed to inquire into incidents of political victimisation.

The petitioners had cited the commissioners of the Presidential Commission retired Supreme Court Judge Upali Abeyratne, retired Court of Appeal Judge Chandrasiri Jayatilake and former IGP Chandra Fernando, Commission Secretary Pearl Weerasinghe and Secretary to the President P.B. Jayasundera as respondents. The Commission was entrusted with the task of inquiring into political victimization and associated background that took place in the wake of investigations conducted by the Commission to Investigate Allegations of Bribery or Corruption, FCID, CID and the Special Investigation Unit of the Police from January 8, 2015, to November 16, 2019.

President’s Counsel Faiz Mustapha with Ronald Perera PC and Eraj de Silva PC appeared for President Ranil Wickremesinghe. Farman Cassim PC with Counsel Vinura Kularatne and Jessica Abeyratne instructed by Mallawarachchi Associates appeared for Sarath Fonseka. Additional Solicitor General Milinda Gunatilleke appeared for the Attorney General.