SC dismiss CoI findings against Secretary to President

The Supreme Court today dismissed the recommendations and decisions made against the current Presidential Secretary Saman Ekanayake by a Presidential Commission of Inquiry into Political Victimisation appointed by former President Gotabaya Rajapaksa. 

The Court, in its ruling over the Fundamental Rights petition, overturned all recommendations against him and ordered the state to pay Rs. 150,000 as litigation fees to Mr. Ekanayake.

In his FR petition, Mr Ekanayake vehemently denied the allegations made by the CoI that he “violated the Constitution” with regard to his role in the Anti Corruption Committee (ACC) and Anti Corruption Committee Secretariat (ACCS) that functioned under the Yahapalana Government. On the contrary, Mr. Ekanayake claimed that he had acted within the legally sanctioned framework and followed the established procedure.

He has also pointed out that both the ACC and the ACCS were created by way of Cabinet decisions and that as the Prime Minister’s Secretary, he was duty-bound to implement the decisions taken by the Cabinet.

Mr. Ekanayake said a particular Cabinet decision’s legality can only be challenged at a judicial forum. To the best of his knowledge, no one has successfully challenged the legality of this Cabinet decision, he adds.

He cited 42 respondents inclduing the three members of the CoI and its Secretary, the Cabinet of Ministers, members of the Commission to Investigate Allegations of Bribery
or Corruption and the Attorney General.

The case was heard by a bench comprising Justices Vijith K. Malalgoda, Achala Wengappuli, and Arjuna Obeysekera.

Mr. Saman Ekanayake was represented by a legal team including President’s Counsel Manjula Balasuriya, Advocates Upul Kumarapperuma, Sudarshan Gunawardena, Radha Malavika Kuruvitabandara, and Shalini Weeraratne.