The Supreme Court of Sri Lanka recently issued an order on the 14th of November. Political commentators believe this decision is a unique example every country can follow. The Supreme Court concluded that former President Gotabhaya Rajapaksa, former Finance Ministers Mahinda Rajapaksa and Basil Rajapaksa should be held responsible for the financial crisis in Sri Lanka. Accordingly, the order of the administration is that they are directly responsible for the crisis Sri Lanka is facing. The Supreme Court has also concluded that they have violated fundamental human rights.
Meanwhile, former central bank governors Ajith Nivard Cabral, Professor W.D. Lakshman, former Secretary of the Ministry of Finance S.R. Atigala, former Secretary to the President P.B. Jayasundara and the Finance Board of the Central Bank of Sri Lanka have violated fundamental human rights, the majority judges of the five-member Supreme Court bench led by Chief Justice Jayantha Jayasuriya ruled. have done According to the judgement, it has been emphasised that the respondents should pay the court fees of 150000 rupees each to the petitioners.
The Supreme Court announced this decision after examining a petition filed by the former President of the Ceylon Chamber of Commerce, Chandra Jayaratne, swimming champion Julian Bowling and a group including Professor Mahim Mendis of the Colombo Open University. The petitioners had also requested the administration to issue an order to investigate the people responsible for the current economic crisis. Chief Justice Jayantha Jayasuriya announced the decision with the concurrence of judges Murdu Fernando, Vijith Mallalgoda and Bhuvaneka Aluvihare.
Gota, Mahinda, Basil and others have turned their backs on fundamental rights.
Justice Priyantha Jayawardena, a member of the five-judge bench, dismissed the petitions, saying that the petitions had yet to be filed within the proper legal period. However, most judges ruled that since the respondents held responsible positions from November 2019 to August 2022, they should have known that an economic recession could emerge in the country. However, the majority of the judges decided that they had knowingly failed to take steps to prevent such a situation. The majority decision declared a situation in the country where it is impossible to provide essential services such as electricity, gas, and medicine. In this situation, the public has been put under severe pressure
Warnings have been ignored.
The court’s judgement also states that the International Monetary Fund had also pointed out that an economic crisis may arise in the country. However, it is clear that the respondents, namely former President Gotabhaya Rajapaksa and former Finance Ministers Mahinda Rajapaksa and Basil Rajapaksa, have not taken care of it. Accordingly, the judgement emphasised that the respondents have acted in complete breach of public trust and that the situation violates fundamental human rights guaranteed by the Constitution.
There is an opportunity for the people to sue for compensation.
Can penalties be imposed against the respondents in this regard? Also, is it possible to recover compensation related to the defaults? This is the issue that society is asking with this judgement. It is also observed that society believes there should be some justice for the country in this case. A wide discourse has been created about this through social media, and it is seen in the reports that the Supreme Court has also confirmed the belief that the respondents need to fulfil their responsibilities properly.
However, lawyers have pointed out that the verdict has not shown any criminal wrongdoing. Therefore, the President’s lawyer, U.R. de Silva, said no punishment can occur. De Silva has pointed out. However, the President’s lawyer said that the judgement emphasised the facts regarding the negligence and failure of responsibilities and said that if those responsible are responsible for the degradation, the people have the right to file separate lawsuits and demand compensation.
A decision that can set a precedent for the whole world.
The president’s lawyer, U.R.de.silva, said that the judgement declared that the fundamental rights of every citizen of Sri Lanka have been violated. Accordingly, the people can file individual cases and demand respondent compensation. De Silva has pointed out.
This judgement is strong evidence for a comprehensive explanation and interpretation of the responsibility and accountability of the leaders, ministers and other officials involved in government administration. Leaders whom the people elect should do all their work with the feeling that the power of the people has been entrusted to them. Using people’s power for other needs is a matter that causes a country to fall into serious situations. People’s power should be used and should be used for the people. This can be considered as a court decision that confirmed that.
