The fundamental rights application filed by former Minister Basil Rajapaksa seeking his release from custody will be taken up again for hearing on June 4 and 5, the Supreme Court decided this week. The petition was taken up before a Bench comprising Chief Justice K.Sripavan, Priyasath Dep and Rohini Marasinghe. Romesh de Silva, PC., appearing [...]

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Basil’s FR case before SC on Thursday

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The fundamental rights application filed by former Minister Basil Rajapaksa seeking his release from custody will be taken up again for hearing on June 4 and 5, the Supreme Court decided this week.

The petition was taken up before a Bench comprising Chief Justice K.Sripavan, Priyasath Dep and Rohini Marasinghe.

Romesh de Silva, PC., appearing on behalf Mr. Rajapaksa said that Mr. Rajapaksa had been arrested by officers of the Financial Crimes Investigations Division (FCID) after he was told to come there to make a statement. He said that Mr. Rajapaksa had promised to return on the next day with the relevant documents, but still had been arrested.

He said Section 55 of the Police Ordinance, which had been used to set up the FCID was used to maintain police discipline but such a special unit cannot be set up. He said the unit also does not accept complaints directly from the public.

He said that the FCID was politically motivated and prior to his arrest statements had been made that Mr. Rajapaksa would be arrested.

Mr. de Silva argued that the arrest was wrongful and politically motivated and Mr. Rajapaksa had only gone overseas for medical treatment.
He said, just prior to his arrest the Magistrate had been informed that Mr. Rajapaksa was being brought to be produced before him. However, when he was taken to the Magistrate’s Court only the officials went and spoke to the Magistrate and he was remanded.

Two FR cases have also been filed by the Economic Development Ministry’s former Secretary Dr. Nihal Jayathilake and the Divi Neguma Project’s former Director General R.A.A.K. Ranawaka.

Deputy Solicitor General Viraj Dayaratne appeared for the State. However some of the Cabinet Ministers who have been named as respondents were represented by private lawyers.

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