Ranil files for Writ of Certiorari
By Faadhila Thassim
UNP MP Ranil Wickremesinghe has filed a writ application, before the Court of Appeal, seeking an order, in the nature of a Writ of Certiorari, quashing the recommendations made against him, by the Presidential Commission of Inquiry (PCoI) appointed to probe political victimisation of Public officials during the tenure of the former Government.
Wickremesinghe, who is the Former Prime Minister, said he was summoned to the PCoI and after having attended, he was informed that he was not being treated as a respondent but only as a witness, due to which he was led to believe that no recommendations would be made against him and that no material will be collected to his detriment. He added that in such circumstance, he gave evidence and no charges or complaint were served against him, and that the nature of the complaints against him, if any, were not disclosed.
Wickremesinghe stated that thereby, the recommendations, made in relation to him, contained in the report are vitiated by bias and is in breach of his legitimate expectation.
“The Anti-Corruption committee and the Secretariat was established consequent to the approval of the Cabinet of Ministers while expenditure was made according to law,” he said adding that the said Secretariat only provided a mechanism for expeditious investigation and disposal of complaints and did not in any way contribute to a legal impediment to the direct invocation of the powers of any authority.
Further it was stated that the relevant authorities, including the Police, Attorney General’s Department and the Judiciary investigated complaints and took decisions to prosecute and carry out prosecutions in all cases and that he did not interfere with the investigations or the authorities. He stated that such recommendations could affect his legal rights, and/or his reputation adding that findings are ultra vires the powers and mandate of the Commission.
It was further stated in the Petition that thereby there is a complete violation of the rules of Natural Justice and no proper hearing was given to him thereby making the recommendations unreasonable, irrational, Arbitrary and with no basis.
Wickremesinghe thereby also requested for an interim order suspending the operation of the findings contained in the report against him until the final determination of the Petition.