By The Pulseline News Desk
Investigations into former Minister Basil Rajapaksa have entered a new phase, with case files and related documents forwarded to the Attorney General’s (AG’s) Department for further legal action as authorities explore ways to bring him back to Sri Lanka to face allegations of financial misconduct.
Minister of Public Security and Parliamentary Affairs Ananda Wijepala has confirmed that the relevant investigation files had been sent to the Attorney General’s Department, signalling a move towards determining the next legal steps in cases involving the former minister.
The development comes amid reports that the government is pursuing international legal avenues to secure Rajapaksa’s return, while the Colombo Fort Magistrate’s Court has directed investigators to initiate proceedings to obtain an INTERPOL Red Notice against him.
The latest moves relate to an investigation into the alleged misuse of Rs. 7.8 million belonging to the Sri Lanka Tourism Promotion Bureau during the 2014 Uva Provincial Council election campaign.
Court orders arrest and Red Notice proceedings
On October 14, Fort Magistrate Pasan Amarasena directed the Criminal Investigation Department’s (CID) Illegal Assets Investigation Unit to take steps to arrest Rajapaksa and produce him before court in connection with the alleged misappropriation of public funds.
The Magistrate also ordered the authorities to initiate the necessary procedures to obtain an INTERPOL Red Notice against the former minister, following submissions made by the CID concerning the investigation.
The inquiry centres on allegations that funds allocated for tourism promotion in 2014 were diverted to provide 12,000 T-shirts for the Uva Provincial Council election campaign.
The court’s directions mark a significant development in the investigation, placing greater emphasis on international cooperation and the legal procedures that may be required if Rajapaksa remains outside Sri Lanka.
However, a court order to initiate the process of obtaining a Red Notice does not, by itself, establish that INTERPOL has issued one. The notice must be processed through the relevant international police cooperation mechanisms.
US legal process could take time
Separately, a formal document has reportedly been sent by Sri Lanka to the United States (US) under the mutual legal assistance framework, potentially opening another avenue for advancing the proceedings against Rajapaksa.
According to sources familiar with the process, the document is expected to lead to steps by US authorities to serve summons on the former minister.
The process of securing the return of a wanted person or suspect can involve several stages once the relevant request reaches the appropriate US authorities, including the State Department and the Department of Justice.
However, any action must comply with US law and the applicable legal procedures. Consequently, the process could take considerable time, making an immediate resolution unlikely.
Investigators have two principal options if Rajapaksa remains in the US: pursue extradition through the applicable legal channels or seek to proceed with the case in his absence, if permitted by Sri Lankan law and the circumstances of the proceedings.
The outcome will depend on the nature of the request, the applicable legal requirements and decisions by the relevant authorities.
Blue Notice sought in separate investigation
The latest developments follow an earlier move by investigators to seek an INTERPOL Blue Notice in connection with a separate investigation involving a property in Matara and alleged money laundering.
The two types of INTERPOL notices serve different purposes.
A Blue Notice is used to obtain additional information about a person’s identity, location or activities in connection with a criminal investigation. It does not, by itself, seek the person’s arrest.
A Red Notice, on the other hand, requests that law enforcement authorities worldwide locate a person wanted for prosecution or to serve a sentence and provisionally arrest that person, subject to the laws of the country concerned and the applicable legal arrangements.
A Red Notice is not an international arrest warrant, and its issuance does not automatically result in arrest or extradition.
Although investigators have pursued both avenues in connection with separate inquiries, confirmation of the status of each notice is necessary before concluding that both have been issued against Rajapaksa.
Multiple legal avenues under scrutiny
The transfer of investigation files to the Attorney General’s Department, the Magistrate’s directions and the reported engagement with US authorities indicate that investigators are pursuing several legal avenues in their efforts to advance the cases.
The next stage will depend on the legal advice provided by the Attorney General’s Department, the progress of the international procedures and the decisions taken by the relevant authorities.
For the government, the challenge will be to translate the ongoing investigations and court directions into legally enforceable action, particularly if proceedings require cooperation from authorities overseas.
For now, the investigations remain centred on allegations involving public funds and possible financial misconduct.
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