Supreme Court dismisses FR petition against Cabraal, others

Colombo, Nov. 18 (Daily Mirror) - A Fundamental Rights petition filed by Ven. Thiniyawala Palitha Thera seeking an order directing the Attorney General to initiate both criminal and civil proceedings against former State Minister Ajith Nivaard Cabral and several others for allegedly engaging in illegal financial transactions involving public funds, causing losses to the State, was dismissed by the Supreme Court.

A three-judge bench of the Supreme Court comprising Chief Justice Preethi Padman Surasena, Justice Mahinda Samayawardhena and Justice Sampath Wijeratne dismissed the petition, holding that there was no legal basis to proceed with the matter.

Senior Counsel Suren Gnanaraj, appearing for Ajith Nivard Cabraal, informed court that the petitioner had previously filed a private plaint before the Magistrate’s Court regarding the same incident, which had already been dismissed. He submitted that the petitioner had initiated the present action despite having pursued alternative legal remedies relating to the same set of facts. 

President's Counsel Farman Cassim appeared for the petitioner. 

In this application, the petitioner had cited Ajith Nivard Cabraal, former Secretary to the President P.B. Jayasundera, Secretary to the Ministry of Finance S.R. Attygalle, Central Bank Governor W.D. Lakshman, the Inspector General of Police and the Attorney General as respondents.

The petitioner stated that it was reported in an English weekend newspaper on April 11, 2021 unfer the heading “In 2014, the Government paid USD 6.5 million to a CIA mole, who has now been jailed in the US.  

The petitioner said that according to the newspaper article, the Sri Lankan government in 2014 paid USD 6.5 million through the Central Bank to an American businessman named Imaad Shah Zuberi, who was a CIA mole, to buy influence and fix its image in the US. 

The petitioner further said that US court has held that out of the said money given to him on behalf of Sri Lankan taxpayers, USD 5.6 million or 80% of it had been spent on himself and his wife.

The petitioner said former Central Bank Governor Ajith Nivard Cabral has paid the sum of USD 6.5 million without having prior approval from Parliament and the Cabinet of Ministers in violation of Article 150 of the Constitution.