SC allows petition against fcid

Published : 8:04 am  June 25, 2015 | No comments so far |  | 


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By S.S. Selvanayagam
The Supreme Court yesterday (24) granted permission to proceed with the Fundamental Rights violation petition filed by former Economic Development Minister Basil Rajapaksa and three others against the Financial Crimes Investigation Division (FCID).

The Bench comp5rising Chief Justice K. Sripavan, Justices Priyasath Dep and Rohini Marasinghe granted leave to proceed for the alleged violation of his fundamental right to equality and freedom from arbitrary arrest.

The Court also granted leave to proceed with the rights petition filed by former Economic Development Secretary Dr. Nihal Jayatilaka, Former Divi Neguma Funds Director General Kithsiri Ranawaka and Divi Neguma Regional Director Bandula Tilakasiri against the FCID.
The Court fixed the matter for hearing on October 22

In his petition, Basil Rajapaksa cited 45 persons including the members of the Cabinet of Ministers, IGP N.K. Ilangakoon and Attorney General as the respondents.

He is seeking a declaration from the Court that all steps taken in consequence of the gazette Notification No.1901/20 dated 13.2.2015 over Financial Crimes Investigation Division (FCID) are null and void and no force or effect in law.

He states he was arrested and remanded for paying compensation and gratuity to Samurdhi recipients from the funds of Divi Neguma community based bank by the Divi Neguma Department.

He states that another allegation in the case was using the funds of the Divi Neguma Department to print 5 million almanacs for the year of 2015. He contends this was done by a lot of government institutions and was a periodic practice. After his purported arrest on April 22, he was made aware that the said FCID has been established on February 13 under the patronage of Prime Minister, wherein special complaints are forwarded by Cabinet Sub-committee directly to the Deputy Inspector General of Police in charge of the frauds and corruptions.

Romesh de Silva PC, Manohara de Silva PC, Ali Sabry PC, Sugath Caldera appeared for the Petitioners.