By The Pulseline News Desk
Former President Gotabaya Rajapaksa (GR) is reportedly set to move the Supreme Court against the Court of Appeal decision dismissing his writ petition seeking protection from arrest under the Prevention of Terrorism Act (PTA) in connection with the ongoing investigation into the 2019 Easter Sunday attacks.
Rajapaksa’s counsel, President’s Counsel Romesh de Silva, has reportedly sought permission to appeal against the Court of Appeal ruling when the matter was taken up before a bench comprising Court of Appeal President Justice Rohantha Abeysuriya and Justice Sarath Dissanayake.
The Court of Appeal had dismissed the petition without issuing notice on the respondents or proceeding to a full hearing. Justice Abeysuriya has said the court would not intervene in the investigation at this stage, noting that a statement had not yet been recorded from Rajapaksa in relation to the case.
The former President’s legal team has been given October 9 to make submissions seeking leave to appeal to the Supreme Court.
Bid to prevent PTA arrest
Rajapaksa had filed the writ petition seeking an order preventing the Criminal Investigation Department (CID) from arresting or detaining him under the PTA in connection with investigations into the Easter Sunday attacks.
The petition was filed amid renewed investigations into the attacks and followed legal proceedings involving former State Intelligence Service (SIS) Director, Major General (Retd.) Suresh Salley.
The Court of Appeal’s decision, however, does not constitute a finding that Rajapaksa committed an offence or direct authorities to arrest him. It effectively leaves the ongoing investigation to proceed without the prospective protection from arrest that he had sought through the writ petition.
Court declines to intervene in investigation
In refusing to issue notice on the respondents, Justice Abeysuriya has indicated that the court did not consider it appropriate to intervene in the investigative process at this stage.
The decision was delivered after the bench considered submissions from both sides. The respondents in the case include senior police and CID officials as well as the Attorney General.
Rajapaksa was represented by President’s Counsels Romesh de Silva and Ali Sabry, together with Attorney-at-Law Sanath Wijewardena.
Deputy Solicitor General Suharshi Herath appeared for the Attorney General.
Easter investigation continues
The Court of Appeal proceedings form part of a wider investigation into the 21 April 2019 Easter Sunday bombings, in which coordinated attacks targeted churches and hotels, killing more than 260 people.
The investigation has gained renewed attention following the arrest of former SIS chief Suresh Salley, who has been named as a suspect in connection with the probe. The allegations against him remain matters for the ongoing legal process.
Rajapaksa was elected President in November 2019, several months after the attacks, and resigned in July 2022 amid mass protests over the country’s economic crisis.
The latest legal move now places the question of whether the former President can obtain judicial protection against a potential PTA arrest before the Supreme Court.
The Court of Appeal is expected to hear submissions on October 9 on the application for leave to appeal, after which the next stage of the proceedings will depend on the court’s decision.
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