SC judge steps down from bench hearing Gota’s FR
Posted on May 13th, 2015

Adaderana

Supreme Court Judge Buwaneka Aluwihare says that he will withdraw from the bench considering the fundamental rights (FR) petition filed by former Defence Secretary Gotabaya Rajapaksa.

Rajapaksa on Monday (11) filed the application challenging the legality of establishing the Financial Crimes Investigation Division (FCID).

It was considered before a three-member judge bench comprising Justices Eva Wanasundera, Sisira De Abrew and Buwaneka Aluwihare.

However, Justice Buwaneka Aluwihare today announced that he will step down on personal grounds and therefore the FR petition will be considered by only two judges.

Through the application, Gotabaya has also sought intervention of the Supreme Court to prevent his imminent arrest pending and/or on the conclusion of the several purported investigations by the Criminal Investigations Department (CID), Commission to Investigate Bribery and Corruptions and/or the Frauds and Corruption Investigations Division   (FCID).

The respondents in the petition include the Cabinet of Ministers, Secretary to the President, Inspector General of Police, Deputy Inspect General of Police (Frauds and Corruption Investigative Division), Director of the CID, and the Attorney General.

In the petition Rajapaksa stated that;

The said investigative unit namely FCID is admittedly established to look in to complaints forwarded by the cabinet sub-committee under the patronage of the Hon. Prime Minister who is also a member of the said purported National Executive Council”.

The conduct of the certain members of the said National Executive Council would unduly impede conducting an unfair and impartial investigations in to the alleged offences ought to have been committed by me,

The conduct of the certain members of the National Executive Council and the statements made by person thereunder giving ultimatums would impede the conducting of an impartial investigations and coerce the authorities to make adverse findings against me,

In the light of the complaints being forwarded by the sub-committee, there is a likelihood that the said FCID being biased and/or being coerced to make a finding adverse to me.”

Rajapaksa also clarifies on charges leveled against him through media such as the share issue of Lanka Hospitals PLC, purchase of the MiG aircraft and the floating armoury issue.

4 Responses to “SC judge steps down from bench hearing Gota’s FR”

  1. jay-ran Says:

    So the big mouthed MY#-RW the BATALANDA MINEEMARUWA,SHOULD ASK THEBIG WITS OF JUDICIARY CONTROLLED BY THE UNP LAWYERS SHOULD APPOINT AN””INDEPENDENT THINKING JUDGE””!!
    I know this man ALUVIHARE IS A RELATION OF ALICK ALUVIHARE WHO IS ANOTHER HORA!!!
    I know himhowhe DELAT WITH HIS AFFAIRS WHEN HE WAS THE MINISTER OF POSTS & TELECOM WHERE I WAS HOLDING A RESPONSIBLE POSITION IN MATALE!!~!

  2. nilwala Says:

    WHY IS HE STEPPING DOWN??

    DID HE RECEIVE ORDERS TO TURN DOWN THE FR PETITION???

  3. Kumari Says:

    I wonder whether people who voted for MY3 expected the country to be turned into a comedy like this. It is okay to investigate crimes and bring people to the book, but this is a novel idea to take people in to custody and then do the investigations. From all what I know, GR is the only (or one of the few) war heroes who did not work for kick backs.

    Shame on you MY3 and RW (We know you don’t know the meaning of the word).

    The biggest Thief (Governor of CB) is free to carry on his duties but all the decent, people who love the motherland are in custody. In the case of Johnston Fernando too, he has not taken anything for his personal use but the accountant/s at CWE were prevented from closing the accounts. Innocent Johnston is in custody.

    Compared to current set of rogues and murderers MR was a God.

    However, it appears Lawyers are having a field day with so many court and police cases.

  4. jay-ran Says:

    Kumari, I appreciate & respect yr comment of calling the MY3 Gong Haraka With Batalanda Mineemaruwa RW to have adviced this JUDGE(I HOPE HE IS BY ALL MEANS AN IMPARTAIL JUDGE)to deliver an ADVERSE RULING as he is a brother of a FAMOUS MINISTER IN UNP!!!
    Always,THE TRUTH WILL PREVAIL!!!

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