SC judge steps down from bench hearing Gota’s FR

Supreme Court Judge Buwaneka Aluwihare says that he will withdraw from the bench considering the fundamental rights (FR) petition filed by former Defence Secretary Gotabaya Rajapaksa.

Rajapaksa on Monday (11) filed the application challenging the legality of establishing the Financial Crimes Investigation Division (FCID).

It was considered before a three-member judge bench comprising Justices Eva Wanasundera, Sisira De Abrew and Buwaneka Aluwihare.

However, Justice Buwaneka Aluwihare today announced that he will step down on personal grounds and therefore the FR petition will be considered by only two judges.

Through the application, Gotabaya has also sought intervention of the Supreme Court to prevent his imminent arrest pending and/or on the conclusion of the several purported investigations by the Criminal Investigations Department (CID), Commission to Investigate Bribery and Corruptions and/or the Frauds and Corruption Investigations Division   (FCID).

The respondents in the petition include the Cabinet of Ministers, Secretary to the President, Inspector General of Police, Deputy Inspect General of Police (Frauds and Corruption Investigative Division), Director of the CID, and the Attorney General.
 
In the petition Rajapaksa stated that;
 
“The said investigative unit namely FCID is admittedly established to look in to complaints forwarded by the cabinet sub-committee under the patronage of the Hon. Prime Minister who is also a member of the said purported “National Executive Council”.
 
The conduct of the certain members of the said National Executive Council would unduly impede conducting an unfair and impartial investigations in to the alleged offences ought to have been committed by me,
 
The conduct of the certain members of the National Executive Council and the statements made by person thereunder giving ultimatums would impede the conducting of an impartial investigations and coerce the authorities to make adverse findings against me,
 
In the light of the complaints being forwarded by the sub-committee, there is a likelihood that the said FCID being biased and/or being coerced to make a finding adverse to me.”
 
Rajapaksa also clarifies on charges leveled against him through media such as the share issue of Lanka Hospitals PLC, purchase of the MiG aircraft and the floating armoury issue.