Former President Gotabaya Rajapaksa’s writ petition, which seeks a legal injunction to prevent his arrest and detention under the Prevention of Terrorism Act (PTA) in connection with the Easter Sunday terror attacks, was taken up for consideration before the Court of Appeal today.
The petition was heard before a two-judge bench comprising the President of the Court of Appeal, Justice Rohantha Abeysuriya, and Justice Sarath Dissanayake. Representing the former President, President’s Counsel (PC) Romesh de Silva presented lengthy submissions asserting that the impending arrest of his client is completely unwarranted and lacks legal justification.
During the proceedings, the Deputy Solicitor General, defending the stance of the investigators—including former CID Director Shani Abeysekara—argued that the petition was misleading and could not be referred to the Supreme Court. However, PC Romesh de Silva countered this forcefully, highlighting that the state has fundamentally failed to present any credible evidence to the court that would justify the former President's arrest.
The President's Counsel emphasized that Rajapaksa has no intention of fleeing the country and remains fully prepared to provide a statement to the police or cooperate with any investigation at any given time. He questioned the necessity of taking Rajapaksa into custody, asking the court whether the sole purpose of the arrest was merely to "satisfy Shani Abeysekara." He further argued that taking a suspect into custody is not a mandatory prerequisite for conducting a criminal investigation.
Focusing his arguments heavily on Shani Abeysekara, PC de Silva alleged that the former CID Director harbors a deep-seated personal grudge against Rajapaksa. He informed the court that Abeysekara was transferred from his position shortly after Rajapaksa assumed the presidency—a move the defense described as a standard administrative procedure rather than a direct, malicious presidential intervention. He noted that Abeysekara’s animosity is evident in the fundamental rights petition he subsequently filed in the Supreme Court.
The defense also cast serious doubts on Abeysekara's professional credibility and past investigative conduct. PC de Silva pointed out that during the investigation into the Mawanella Buddha statue attacks—an incident with suspected international terrorist links that served as a precursor to the Easter bombings—Abeysekara blatantly ignored requests from his own investigating officers to seek the assistance of Interpol. Furthermore, despite having approximately 700 officers attached to the CID, Abeysekara allegedly assigned a mere five officers to investigate the crucial Mawanella case.
Highlighting the irony of the situation, the President's Counsel reminded the court that a Presidential Commission of Inquiry had explicitly recommended taking action under criminal law against both Shani Abeysekara and Ravi Seneviratne for their severe negligence and failure to investigate the Easter Sunday attacks properly. He questioned how an individual with such a compromised record could be entrusted with the current investigation.
In addition to challenging the investigators, PC de Silva presented photographs to the court featuring key witness Azad Maulana alongside prominent figures such as the Archbishop of Colombo, Douglas Devananda, and Mano Ganesan. He noted that Maulana, who has been deemed a corrupt individual, fled the country and is currently seeking political asylum in Switzerland, yet is now being relied upon as a star witness to target the former President.
Concluding his submissions, Romesh de Silva PC reiterated that there is absolutely no evidence linking his client to the Easter attacks, calling the looming threat of his arrest "a matter of shame."
After carefully considering the extensive submissions presented by both parties, the Court of Appeal ordered the further hearing of the writ petition to be postponed to August 3.
