DG of CIABOC to resign today after Supreme Court granted leave to proceed

The Director General (DG) of the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) gave an undertaking to the Supreme Court today to resign from office by 3.00 pm after the Court granted leave to proceed in three Fundamental Rights (FR) petitions filed challenging his appointment. 

When the cases were taken up for hearing today before a three-judge bench, the current DG of the state’s anti-corruption agency Kanishka Wijerathne gave an undertaking to the Court that he will vacate the post by this afternoon. 

Since the undertaking of the current AG was given to the Court, no further interim orders were sought by the petitioners. 

Earlier, three FR petitions were filed challenging the appointment of the present DG on the basis that the appointment of Mr Wijerathne is contrary to the provisions of the Anti-Corruption Act No. 9 of 2023 and has not been made following due process as required and contemplated by the law. 

Three petitions- Transparency International Sri Lanka (TISL) and its Chairman Pulasthi Hewamanna,  civil activist Vidhura Ralapanawe and  journalist Ruwani Niwanthika Fonseka-were filed arguing the manner in which the appointment was made “constitutes undue circumvention of the law and very intention of Parliament in enacting the Anti-Corruption Act”. 

The petitioners claimed that “an opaque, ambiguous and circuitous method” has been followed in making the said appointment without due consideration of the need to follow due reasonable process and/or in a manner that entails due transparency amongst other relevant requirements.

Mr Wijerathne was appointed by former President Ranil Wickremesinghe on the recommendation of the Constitutional Council (CC). Mr Wijerathne was the CIABOC’s DG at the time of the enactment of the Anti-Corruption Act.

Viran Corea PC appeared for TISL while Saliya Pieris PC appeared for Vidhura Ralapanawe, and Venuka Cooray represented Ruwani Niwanthika Fonseka. 

Senior Solicitor General Viraj Dayaratne PC appeared on behalf of the Attorney General department. 

The three member bench of the Supreme Court consists of Justice Padman Surasena, Justice Kumudine Wickremesinghe and Justice Janak de Silva.