
Two fundamental rights actions
In a fundamental rights action (SCFR 212/2022) against a series of personalities, the Supreme Court allowed the lawsuit against former President Gotabaya Rajapaksa, former finance ministers Mahinda Rajapaksa and Basil Rajapaksa, former governors of central bank, Professor WD Lakshman and Ajith Nivard Cabraal, Currency Board of Sri Lanka and former Treasury Secretary SR Attygalle.
In another case (SCFR 195/2022), permission to prosecute was granted against former President Gotabaya Rajapaksa, former Finance Ministers Mahinda Rajapaksa and Basil Rajapaksa, Cabinet of Ministers, Monetary Council of Sri Lanka, Former Central Bank Governors, Professor WD Lakshman and Ajith Nivard Cabraal, Former Treasury Secretary SR Attygalle, Former Secretary to the President PB Jayasundera, Former Finance Minister Ali Sabry PC, Current Monetary Council Member SSW Kumarasinghe .
The Court also ordered that the current members of the Monetary Board who served on the Monetary Board during the cases in question, namely Sanjeeva Jayawardena, PC, and Dr. Ranee Jayamaha be added as defendants in this petition.
The following orders were also made by the court:
1. The Auditor General must conduct an audit and report by November 30 on:
a. The decision taken by the Monetary Council to fix the value of the Sri Lankan Rupee at Rs. 203 against the US Dollar and all matters related thereto.
b. The delay in requesting IMF assistance and all matters related thereto.
vs. All matters relating to the settlement of the US$500 million sovereign bond on January 18, 2022, using foreign exchange reserves
D. An audit of the damage caused to the Central Bank by these payments.
2. The Court also ordered Central Bank Governor Dr. Nandalal Weerasinghe to produce copies of all communications and recommendations addressed to former President Gotabaya Rajapaksa, former Finance Ministers Mahinda Rajapaksa and Basil Rajapaksa, Cabinet Ministers, Currency Council of Sri Lanka, Former Governors of the Central Bank, Professor WD Lakshman and Ajith Nivard Cabraal, Former Treasury Secretary SR Attygalle, by the Central Bank no later than November 30, 2022.
3. The court also ordered the Monetary Council to produce copies of all reports given to former Ministers Mahinda Rajapaksa and Basil Rajapaksa, in accordance with sections 64 and 68 of the Monetary Law Act, no later than November 30, 2022. These questions must be mentioned on January 9, 2023.