A powerful legal showdown ended abruptly as Sri Lanka’s Supreme Court dismissed the long-running fundamental rights case against former Central Bank Governor Ajith Nivard Cabraal, ruling there was no basis to proceed.
The fundamental rights petition filed in 2021 by Venerable Thiniyawala Palitha Thero came before Chief Justice Padman Surasena, with the Supreme Court deciding to reject the plea and bring the matter to a close. The monk had alleged that the Central Bank made an illegal payment of US$ 6.5 million in 2014 to an American advertising company owned by Imad Subheri to promote Sri Lanka in the United States of America. He claimed that the payment was carried out under government orders and insisted that former CBSL Governor Ajith Nivard Cabraal was responsible for authorising it, arguing that his fundamental rights had been violated through this transaction.
During the hearing, Attorney-at-Law Suren Gnanaraaj, appearing for Mr. Cabraal, argued that the issue had already been thoroughly litigated in two Magistrate’s Courts. In both cases, Mr. Cabraal had been found not guilty. He further pointed out that the High Court appeal filed against those Magistrate’s Court rulings had upheld the earlier decisions, firmly clearing Mr. Cabraal of wrongdoing. The attorney stressed that the allegation brought before the Supreme Court was baseless, as multiple courts had already reached the same conclusion.
In addition, the court was informed that another individual had previously filed a case on the same matter before the Court of Appeal and that this case had also ended with Mr. Cabraal being found not guilty. These repeated judicial outcomes were highlighted to illustrate that there was no legal merit for the Supreme Court to continue hearing this petition.
The Attorney General’s Department also presented submissions, along with the junior counsel representing President’s Counsel Farman Kasim, who appeared for Venerable Thiniyawala Palitha Thero. After hearing arguments from all parties, the Supreme Court bench consisting of Chief Justice Padman Surasena, Justice Mahinda Samayawardena, and Justice Sampath Wijeratne concluded that the petition could not proceed further.
The judges dismissed the case in full and formally closed the file, ending a case that had attracted significant public and political attention since its filing. With this ruling, the long-debated allegations surrounding the 2014 payment and Mr. Cabraal’s role in it have been legally settled once again.
