Addressing the National Mass Media Reorientation Conference held in Colombo recently, the Prime Minister said the government has not received so far the injunction order issued by the Supreme Court over the petition filed by former Defense Secretary challenging the legality of the Police Financial Crimes Investigation Division.
He said only through the media he came to know that he was a respondent of the Fundamental Rights petition filed by the former Defense Secretary.
Supreme Court Wednesday issued an interim order preventing the arrest of Gotabhaya Rajapaksa, until the determination of the fundamental rights petition filed by him against the Financial Crimes Investigations Division (FCID) of police on 6th October.
The PM expressed concern that the government is not getting an early opportunity to respond to the FR petition. He said the government wants to present the facts on the allegations but cannot do so until October because of the court fixing the next hearing date so late. The Premier said he could easily and adequately reply to the issues raised in the FR case if given the opportunity.
The Prime Minister said the President as the chair of the Commonwealth could seek opinion from the Commonwealth Magistrates' and Judges' Association and other legal divisions in this regard. The Prime Minister pointing out that the FCID was established with the cabinet approval under the Inspector General of Police said that calling it a political witch hunt is wrong.
The Premier said the interim order given by the Supreme Court is not correct as a two-judge bench could only exercise jurisdiction when taking up an urgent appeal for inquiry.
A three-judge bench comprising Justices Eva Wanasundera, Buwaneka Aluwihare and Sarath De Abrew was initially assigned to take up the petition but Justice De Abrew recused himself sua ponte from the case citing personal reasons and the petition was heard by only two judges.
The Prime Minister said however, the interim order only prevents the arrest of the former official but not the investigations. The PM said he would consult the Attorney General on the matter.
