Sri Lanka court rulings this week covered Caroline Jurie, Easter attack investigations, judicial taxation and several major criminal cases.
COLOMBO — Sri Lanka’s courts delivered a series of consequential rulings and procedural orders during the past week, spanning the 2019 Easter Sunday attacks investigation, fundamental rights litigation, judicial taxation and several high-profile criminal and corruption cases.
Among the major developments were the acquittal of former Mrs. World Caroline Jurie in the 2021 Mrs. Sri Lanka crown incident, a Supreme Court ruling affirming that judicial officers are liable to income tax, and a fundamental rights judgment involving former senior Criminal Investigation Department officers Ravi Seneviratne and Shani Abeysekara.
Courts also fixed new dates or issued procedural orders in cases involving former cricketer Aravinda de Silva, former Navy Commander Wasantha Karannagoda, Yoshitha Rajapaksa, Rajitha Senaratne, Johnston Fernando, Jaffna District MP Ramanathan Archchuna and MP Dilith Jayaweera.
Caroline Jurie acquitted in Mrs. Sri Lanka crown case
Colombo Chief Magistrate Asanga S. Bodaragama on September 14 acquitted former Mrs. World Caroline Jurie and the late model Chula Padmendra in the case arising from the removal of the crown worn by Pushpika de Silva at the 2021 Mrs. Sri Lanka pageant.
The court held that the prosecution had failed to prove the charges against the accused beyond reasonable doubt. The incident occurred at the Nelum Pokuna Theatre in Colombo and led to allegations that De Silva had been assaulted and injured when the crown was forcibly removed.
Padmendra had died before judgment was delivered. Reporting on the proceedings said her surety appeared before court in connection with the case.
Easter attack investigation places intelligence handling under scrutiny
Proceedings linked to the continuing investigation into the April 2019 Easter Sunday attacks also produced several important developments.
Additional Solicitor General Dileepa Peiris, appearing for the prosecution before the Colombo Fort Magistrate’s Court, presented allegations concerning the handling and possible suppression of intelligence relating to extremist activity before the attacks. These remain prosecution allegations being examined through the ongoing investigation and have not been established as findings of guilt.
State Intelligence Service officer Ranjan Senaratne Bandara, who had responsibility for the agency’s extremist desk, was initially subjected to a foreign travel ban after prosecutors told court that he was required for the investigation. He was subsequently arrested in connection with the Easter Sunday inquiry.
Attention has also remained focused on retired Major General Suresh Sallay, the former Director of the State Intelligence Service, who is being detained under the Prevention of Terrorism Act while investigators examine matters connected to the Easter attacks.
Colombo Fort Magistrate Pasan Amarasena issued notice on the Director of the National Hospital of Sri Lanka to appear before court on September 22 and explain why a court-ordered report on Sallay’s medical condition had not been submitted. The report was intended to address whether his condition required continued hospitalisation.
Separately, the Court of Appeal has concluded oral submissions on Sallay’s writ application challenging his arrest and detention under the PTA. A bench comprising Court of Appeal President Justice Rohantha Abeysuriya and Justice Priyantha Fernando fixed November 27 to deliver its decision on whether to grant leave to proceed and on requests for interim relief. Written submissions are due by October 20.
Supreme Court rules judges are liable to income tax
In another significant judgment, the Supreme Court ruled that judicial officers are liable to pay income tax and that Advance Personal Income Tax, or APIT, may lawfully be deducted from their remuneration.
The five-member bench dismissed three appeals filed by associations representing High Court judges, judicial officers and Labour Tribunal officers. The appeals challenged a 2023 Court of Appeal ruling that had rejected applications opposing the deduction of APIT.
Judicial officers had argued, among other matters, that treating their remuneration as subject to deductions in this manner was incompatible with judicial independence.
The Supreme Court rejected the challenge, while the judgment also recognised the importance of ensuring adequate remuneration for judicial officers as part of protecting judicial independence.
The ruling is therefore more precisely described as confirming that judges and other covered judicial officers are subject to income tax under the Inland Revenue Act, rather than establishing a broad principle that judicial independence is unaffected by every form of taxation.
Supreme Court finds rights of Ravi and Shani were violated
The Supreme Court also ruled that the fundamental rights of former CID Senior Deputy Inspector General Ravi Seneviratne and former CID Director Shani Abeysekara had been violated through an investigation initiated on the basis of a complaint concerning the Easter Sunday attacks.
The judgment found that former IGP Deshabandu Tennakoon, retired DIG Palitha Siriwardena and then-CID Chief Inspector Induka Silva were responsible for violations connected to the investigation. The court found that Siriwardena’s complaint had been malicious and politically motivated.
Siriwardena was ordered to pay Rs. 50,000 each to Seneviratne and Abeysekara as compensation, while Induka Silva was ordered to pay Rs. 10,000 each to the two petitioners.
Justice Gihan Kulatunga delivered the judgment with the concurrence of Chief Justice Preethi Padman Surasena and Justice Achala Wengappuli.
Warrants against Aravinda de Silva and wife recalled
The Colombo Fort Magistrate’s Court also dealt with proceedings involving former Sri Lankan cricketer Aravinda de Silva and his wife, Priyanga Anushka Wijenayake.
Warrants were initially issued against the couple after they failed to appear as sureties for the wife of the late former SriLankan Airlines Chief Executive Officer Kapila Chandrasena in proceedings connected with the Airbus transaction investigation.
Their lawyers subsequently appeared before court by way of a motion and explained that the absence was connected to funeral arrangements following the death of De Silva’s mother. Magistrate Pasan Amarasena then ordered the warrants recalled.
Karannagoda-Yoshitha case heads to pre-trial conference
The Colombo High Court ordered that the corruption case filed by the Commission to Investigate Allegations of Bribery or Corruption against former Navy Commander Admiral of the Fleet Wasantha Karannagoda and Yoshitha Rajapaksa be called for a pre-trial conference on October 13.
CIABOC alleges that a corruption offence was committed in connection with arrangements for Rajapaksa to undertake training at the Britannia Royal Naval College in the United Kingdom despite allegedly not meeting the required qualifications. Both accused are on bail, and the allegations remain to be determined at trial.
Rajitha Senaratne trial continues in November
The Colombo High Court has fixed November 17 for the further hearing of evidence in the case against former Fisheries Minister Rajitha Senaratne and others concerning the 2012 lease of the Modara Fisheries Harbour.
The prosecution alleges that the transaction caused a financial loss to the state. The proceedings remain at trial stage and no finding of guilt has been made.
Johnston Fernando vehicle case fixed for October 28
Former Minister Johnston Fernando’s case concerning the alleged illegal possession of a luxury vehicle will return to the Colombo Fort Magistrate’s Court on October 28.
Fernando, who is on bail, appeared before Magistrate Pasan Amarasena when the matter was called. Defence counsel told court that the case falls under the Motor Traffic Act. The court fixed October 28 for the next, and according to reports final, calling of the matter.
Archchuna defence evidence fixed for November 10
Colombo Additional Magistrate Nuwan Kaushalya has reportedly fixed November 10 for defence evidence in proceedings involving Jaffna District MP Ramanathan Archchuna after the prosecution closed its evidence.
The case concerns an alleged road traffic collision and assault on Baseline Road in Colombo in March 2021. The allegations remain before court and have not resulted in a conviction.
Dilith Jayaweera writ decision due September 30
The Court of Appeal will deliver its decision on September 30 on a writ petition filed by MP Dilith Jayaweera challenging the legality of a complaint lodged by Colombo Fort Magistrate Pasan Amarasena in connection with contempt of court proceedings.
The proceedings arose from alleged statements relating to court proceedings involving Suresh Sallay. The Court of Appeal bench comprises President Justice Rohantha Abeysuriya, Justice Chamath Morais and Justice Adithya Patabendige.
Taken together, the past week’s decisions cover several distinct areas of Sri Lankan law, from taxation and fundamental rights to criminal investigations and national security proceedings.
Several of the most closely watched matters remain unresolved. Sallay’s writ application is awaiting a November ruling, multiple criminal proceedings are moving towards further hearings or trial, and investigations into intelligence handling before the Easter Sunday attacks continue under judicial scrutiny.
