News
Basil petitions SC against his imminent arrest by FCID
View(s):Former Economic Development Minister Basil Rajapaksa filed a fundamental rights (FR) petition this week in the Supreme Court seeking to preempt his possible arrest by the Financial Crimes Investigation Division (FCID).
The one time minister alleged that the illegally set up FCID unit is planning to arrest him over five different magisterial inquiries under the Prevention of Money Laundering Act.
In his petition, Mr. Rajapaksa alleged that the special unit to investigate financial frauds is harassing witnesses in order to falsely implicate him for crimes he never committed.
Though he cited two individuals as respondents including a person from the Rajapaksa Foundation in Medamulana over the ownership of lands, he alleged that the FCID is harassing them to implicate him as the legal owner.
In the petition, Rajapaksa had cited ten persons including Police Chief N.K. Ilangakoon, Ravi Waidyalankara, Deputy Inspector General of Police at FCID, Ananda Wijepala Director of the Anti-Corruption Committee Secretariat and the Attorney General as respondents.
He claimed that he has received credible information that an indictment has been forwarded by the Attorney General against him only on the alleged printing of almanacs by the Divineguma Development Department and he has been informed to appear on courts on March 10.
However the petitioner claimed that the FCID has recorded statements from him over five magisterial inquiries at four Magistrate’s Court in Gampaha, Pugoda, Matara and Kaduwela over allegations that he has committed offences under the Prevention of Money Laundering Act.
He stated in his petition that the FCID has recorded statements from him in connection with the inquiries such as the purchase of the land at Orutota, Gampaha and the construction of a building thereon; the purchase of the land at Gangaboda Road, Malwana and the construction of a building; the purchase of the land at Brown’s Hill Road, Matara and the construction of a building; the alleged misuse of funds in the conduct of the Divineguma National Convention in terms of the Divineguma Act; the provision of GI pipes (flag poles) by the Divineguma Development Department to Pradeshiya Sabhas and Provincial Councils.
Another FR petition filed by Mr. Rajapaksa challenging the legality of the FCID and its establishment is still pending in courts for determination. Along with him, there are many individuals including his brother, Gotabaya Rajapaksa, former Defence Secretary, who have filed FR petitions against the FCID.
When the earlier FR petition was taken up for hearing, the Bench granted leave to proceed and both parties have filed their objections and counter affidavits so far.
The petitioner also stated that he received credible information that FCID is also conducting an investigation and the Presidential Commission of Inquiry to Investigate and Inquire into Serious Acts of Fraud, Corruption and Abuse of Power, State Resources and Privileges (PRECIFAC) – another corruption investigation agency – is due to record his statement regarding the alleged misuse of air travel facilities by him when he was the Minister of Economic Development.
Mr. Rajapaksa maintained in the petition his arrest by the FCID for politically motivated reasons at this juncture, is imminent. “There has been tremendous political pressure mounted on the FCID and various law enforcement and other investigation agencies to arrest Rajapaksa family members and their allies,” he said.
He feared that there is a high probability of the FCID arresting him and procuring his detention by predetermining and suppressing material facts to the relevant courts and therefore he sought an order declaring that the B-Reports filed by the FCID in these cases are null and void and are of no force.