November 17, Colombo (LNW): The Supreme Court has thrown out the fundamental rights application lodged in 2021 by Venerable Thiniyawala Palitha Thero against former Central Bank Governor Ajith Nivard Cabraal, with the bench declining to permit the matter to advance any further. The case was taken up today before Chief Justice Padman Surasena.
Venerable Thiniyawala Palitha Thero had alleged that in 2014 the Central Bank, acting under government instruction, had unlawfully transferred US$6.5 million to an American public relations firm owned by a US national, Imad Subheri, for a campaign intended to promote Sri Lanka in the United States.
The Thero contended that Mr Cabraal, who was Governor at the time, bore responsibility for authorising the payment and that this had consequently infringed the Thero’s fundamental rights.
During today’s proceedings, Attorney Suren Gnanaraaj, representing Mr Cabraal, argued that two separate Magistrates’ Courts had previously examined charges related to the same subject matter and had acquitted his client. He added that subsequent appeals lodged before the High Court had upheld the Magistrates’ Courts’ findings, reinforcing Mr Cabraal’s innocence. On that basis, he maintained that the allegation now placed before the Supreme Court lacked merit.
Mr Gnanaraaj further noted that a similar case had been brought before the Court of Appeal by another complainant, and that, in that instance too, Mr Cabraal had been cleared of wrongdoing.
The Attorney General’s Department presented submissions in the current hearing, while junior counsel appearing on behalf of President’s Counsel Farman Kasim advanced arguments for Venerable Thiniyawala Palitha Thero.
After reviewing all submissions, the three-member bench—comprising Chief Justice Padman Surasena, Justice Mahinda Samayawardena and Justice Sampath Wijeratne—decided not to allow the petition to progress and formally concluded the case.
