Former President Gotabaya Rajapaksa has filed a petition with the Court of Appeal seeking an order to prevent his arrest under the Prevention of Terrorism Act in connection with the Criminal Investigation Department’s reopened probe into the 2019 Easter Sunday attacks.
The petition was filed on Monday through Attorney-at-Law Sanath Wijewardena. It names the Inspector General of Police, CID Director Shani Abeysekara, and Officer-in-Charge of the CID’s Special Investigation Unit Madhava Gunawardena as respondents.
The filing marks the first pre-emptive judicial step by the former wartime defence secretary since the Easter probe accelerated this month. The Colombo Fort Magistrate’s Court imposed an overseas travel ban on Rajapaksa on June 3 on a CID motion at the same hearing in which retired Major General Suresh Sallay — named as the third suspect — was produced under detention. The Attorney General has described Sallay as a key driving force behind the attacks.
Rajapaksa served as Defence Secretary at the time of the April 21, 2019 bombings, which killed more than 270 people across three churches and three luxury hotels. He won the presidency later that year and ruled until July 2022, when he fled the country during economic crisis protests before returning that September.
Shani Abeysekara, the CID Director named as a respondent, was administratively cleared and reinstated as DIG by the Administrative Appeals Tribunal in May after his removal during the Rajapaksa administration. The case follows a series of CID disclosures of witness intimidation and a separate Free Lawyers’ criticism of the contempt probe targeting MPs and former ministers who have publicly commented on the Sallay case.
The Court of Appeal has yet to fix a date for the hearing.
Petition arguments — denial, bias claim and FBI reference
Newswire later published the petition’s 11 key points. Rajapaksa denies any involvement in the bombings and says he has never been questioned by investigators, has undertaken not to leave the country without informing the court and will not interfere with witnesses. The petition characterises the renewed probe as resting primarily on claims by Asad Moulana in the Channel 4 documentary — Moulana now lives overseas, has never met Rajapaksa, and his allegations were “not proven” before the Committee of Inquiry into the documentary, the petition argues.
The most pointed argument is directed at the CID Director. Rajapaksa alleges Abeysekara may be unable to conduct the inquiry impartially because of recommendations made against him by the Presidential Commission of Inquiry into Political Victimization that Rajapaksa himself established as President, the petition argues — a circumstance that “could create a perception of bias and influence the conduct of the investigation,” Ada Derana reported. The petition further argues that the earlier Presidential Commission of Inquiry into the attacks, the Parliamentary Select Committee, the Supreme Court judgment on the Easter case and the Channel 4 inquiry did not identify evidence linking him to the bombings, and that an FBI investigation conducted with US cooperation had been described to his administration as complete. Rajapaksa has asked the court to call for those four reports.
The remedy sought is a writ prohibiting authorities from arresting, detaining or depriving Rajapaksa of his liberty in connection with the Easter Sunday investigations pending final determination of the case.
Update — June 17: Hearing deferred, AG has no instructions
The Court of Appeal on Wednesday deferred consideration of Rajapaksa’s petition after the Attorney General told the bench that no instructions had yet been received from the respondents, Ada Derana and NewsFirst reported. The petition was taken up before a bench comprising Court of Appeal President Justice Rohantha Abeysooriya and Justice Priyantha Fernando, with Justice Fernando recusing himself due to personal reasons.
President’s Counsel Romesh de Silva, appearing for Rajapaksa, asked the court to issue an interim injunction preventing his client’s arrest. Deputy Solicitor General Suharshi Herath, appearing for the respondents, told the court that the petition documents had been received only that morning and that no instructions had yet been received from the respondents. In the absence of those instructions, she said she was unable to provide an undertaking to the court that Rajapaksa would not be arrested. The court adjourned the petition for further consideration later in the afternoon.
When the petition was taken up again later on Wednesday, the bench ordered it called for tomorrow, June 18, for verification of facts, Ada Derana reported. The court directed that the petition be considered tomorrow before a bench comprising Court of Appeal President Justice Rohantha Abeysooriya and Justice Sarath Dissanayake.
Sources: Appeals Court defers consideration of Gotabaya’s petition seeking protection from arrest — Ada Derana, June 17 · AG Says No Instructions in Gota Arrest Appeal Case — NewsFirst, June 17 · Appeals Court to consider Gotabaya Rajapaksa’s petition tomorrow — Ada Derana, June 17.
