SC: Petition against FCID fixed for support


by Chitra Weerarathne

Ven. Elle Gunawansa and Prof. Carlo Fonseka leaving court on Thursday

The Writ Application filed in the Court of Appeal by Venerable Elle Gunawansa Thera, Rohan Weliwita and Professor Carlo Fonseka were called before the Court yesterday and fixed for support on June 17, 2015 subsequent to notifying the respondents about the petition.

The petitioners had complained that the gazette notice which established the Financial Crimes Investigation Division was bad in law and should be quashed by the Court.

Among the respondents are the IGP and the Attorney General.

Uditha Egalahewa, President’s Counsel, who appeared for the petitioners told the court that the aforesaid gazette notification had created a Cabinet Sub Committee under the patronage of the Prime Minister to receive special complains and to send them over to the IGP. The Counsel said that the word ‘Special’, made way for discrimination. The complaints would be received by the Cabinet Sub Committee, by passing the

IGP. That was a wrong procedure. The IGP and the Attorney General could not delegate their parents to anyone else.

The FCID, should not investigate corruption. There was a special statute approved by the Parliament, which empowered the Permanent Commission to Investigate Bribery and Corruption to receive and investigate allegations of corruption. There are separate statutes which described the investigation of money laundering and funding the terrorists. Crimes against public funds, should be investigated by the Auditor General.

The Court advised the counsel to notify the respondents and to come before court on June 17.

The Bench comprised Justice Vijith K. Malalgoda (President and Justice H. C. J. Madawala.

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