Ilukpitiya becomes first SLAS officer imprisoned for Contempt of Court

By Lakmal Sooriyagoda

For the first time in Sri Lanka’s history, Harsha Ilukpitiya, an officer of the Sri Lanka Administrative Service, was yesterday sentenced to two years’ imprisonment by the Supreme Court for committing the offence of contempt of court. The charges arose from his failure to comply with a Supreme Court order while serving as the former Controller General of Immigration and Emigration.  

Ilukpitiya was convicted on contempt of court charges connected to the controversial visa deal. On September 25, 2024, the Supreme Court had ordered him to be remanded until the conclusion of the contempt proceedings for failing to implement its directive regarding the matter.  

A three-judge bench of the Supreme Court, comprising Justices Yasantha Kodagoda, Janak de Silva, and Arjuna Obeyesekere, unanimously imposed a two-year prison term without suspension, stressing that such punishment was necessary as an effective and deterrent measure to prevent similar offences in the future.  

Delivering the judgement, Justice Kodagoda elaborated on the circumstances that led to the imposition of imprisonment. The Court held that the accused was culpable for wilfully disregarding the Supreme Court’s interim order, an offence punishable under the Contempt of Court, Tribunal, or Institution Act No. 08 of 2024.  

The Court noted with seriousness that the accused had initially chosen not to plead guilty and instead face inquiry. However, he later pleaded guilty to the contempt charges. The Court further observed that his subsequent statement attempting to justify his conduct was also taken into consideration despite the guilty plea.  

Although the Court imposed a three-year term of imprisonment, it took into account the one year the accused had already spent in remand custody since September last year. Accordingly, he was sentenced to two years’ imprisonment, effective from the date of the judgment’s delivery.  

The Supreme Court had issued a rule charging the former Controller General of Immigration and Emigration with contempt of court for failing to implement its order, which had suspended a Cabinet decision granting approval for online and expatriate visa operations in Sri Lanka.  

Saliya Pieris PC with Upul Kumarapperuma PC appeared for Harsha Ilukpitiya. Additional Solicitor General Viveka Siriwardena appeared for the Attorney General.

It was revealed before the Court that the first respondent, Ilukpitiya, had failed to implement the Supreme Court’s interim order dated August 2, 2024, which mandated the reinstatement of the previous quick Electronic Travel Authorization (ETA) process. A manager from the Business Solutions Division of Sri Lanka Mobitel and the Controller of the Information and Technology Department of Immigration and Emigration had provided evidence, confirming they had not received any instructions from the Controller General of Immigration and Emigration to carry out the Court’s order. Additionally, the Court was informed that the respondent had set aside a proposal from Mobitel, which aimed to implement the visa operation system within 24 hours.