AG files preliminary objections on the maintainability of the petition

October 07, 2021

The Attorney General today raised preliminary objections on the eligibility to maintain the writ petition filed challenging the appointment of Ajit Nivard Cabral as the Governor of the Central Bank. Former Southern Province Governor RajithKeerthi Thennakoon had filed this writ petition seeking an order preventing former State Minister Cabral from functioning as the Governor of the Central Bank. Additional Solicitor General Nerin Pulleappearing for the Attorney General, told the court that it has no power to hear this case since the appointment for the post of Central Bank Governor had been made by the President. Therefore, he urged the court to dismiss the petition in Limine. However, President's Counsel MaithriGunaratne appearing for the petitioner, submitted that the petitioner's concern is regarding the failure on the part of the law enforcement authorities to take legal action against Ajith Nivard Cabral considering the evidence available within the Forensic Audit Report. The Court of Appeal Justices SobhithaRajakaruna and Dhammika Ganepola directed the parties to file written submissions regarding the preliminary objections before the the12th of October. Through his petition, Rajith KeerthiThennakoon is also seeking a Writ of Mandamus to compel the Attorney General and IGP to take legal action against Ajith NivardCabral, considering the evidence available within the Forensic Audit Report. The petitioner had named Finance Minister Basil Rajapaksa, Central Bank Governor Cabraal, Secretary to the President P. B. Jayasundare, Inspector General of Police, Central Bank Deputy Governor T. M. J. Y. P. Fernando and Attorney General as respondents. The petitioner states that according to the forensic report, on the review period from 1 January 2002 to 28 February 2015 the Central bank of Sri Lanka had incurred losses between Rs. 10.4 – 10.6 Billion, whilst Ajith NivardCabral was the head of the Central bank. The petitioner further said the Cabraal is single-handedly alleged to have made the following damages or losses to the Sri Lankan Republic and its taxpayers' money. 1. Entering into hedging deal. According to reports, the Sri Lankan Government had reportedly lost over $ 200 million of rupees due to this infamous agreement. 2. Greek Bond loss which incurred, reportedly about 10-Billion of Rupees when Greece was headed for economic ruin.

AG files preliminary objections on the maintainability of the petition

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