The Supreme Court today (28 January) directed the petitioner’s lawyers to take steps to issue notices on a group of respondents, including former President Gotabaya Rajapaksa, in connection with a Fundamental Rights petition seeking the recovery of compensation allegedly paid unlawfully to former Ministers whose houses were set on fire following the violence of 9 May 2022.
The petition was taken up before a Supreme Court bench comprising Chief Justice Preethi Padman Surasena and Justice Gihan Kulatunga.
The petition has been filed by environmental lawyer Dr. Ravindranath Dabare, who is seeking an order directing the recovery of compensation paid to former Ministers for damages caused to their private residences during the post-9 May 2022 unrest, which he claims exceeded the limits permitted under law.
According to court submissions, the respondents named in the petition include former President Gotabaya Rajapaksa, former Defence Secretary retired Major General Kamal Gunaratne, former Inspector General of Police C.D. Wickramaratne, former Navy Commander Nishantha Ulugetenne, former Ministers of Public Security Prasanna Ranatunga and Tiran Alles, and former Secretary to the Ministry of Public Security Jagath Alwis.
Appearing for the petitioner, Attorney-at-Law Gamini Perera informed court that the correct addresses of the respondents had now been submitted in compliance with an earlier court order. He requested permission to proceed with issuing notices, following which the bench directed that notices be issued on the respondents.
The petitioner has cited a statement made in Parliament on 5 February last year by Health Minister Dr. Nalinda Jayatissa, in which it was stated that compensation amounting to Rs. 1.22 billion had been paid to 43 individuals in relation to damages caused to the houses of Ministers during the violence that erupted across the country on 9 May 2022. The petitioner noted that several former Ministers of the previous government were among the recipients.
Dr. Dabare has pointed out that under existing law, even in the case of natural disasters, the maximum compensation payable for housing damage is capped at Rs. 2.5 million. He has alleged that certain former Ministers had received compensation exceeding this legal limit, rendering the payments unlawful.
The petition further claims that the selective payment of large sums of compensation to chosen individuals amounted to a violation of the petitioner’s fundamental rights. It seeks a declaration to that effect, along with an order directing an investigation into the compensation scheme and legal action against those responsible.
In addition, the petitioner has requested the court to order the recovery of compensation unlawfully obtained, and to direct the State to pay any legitimately due compensation under a fair and lawful mechanism.
The Supreme Court has fixed the petition for further consideration on 8 May.
