The Supreme Court today ( 28) 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 during the violence of May 9, 2022.
The petition was taken up before a Supreme Court bench comprising Chief Justice Preethi Padman Surasena and Justice Gihan Kulatunga.
The Fundamental Rights application was filed by environmental lawyer Dr. Ravindranath Dabare, who is seeking an order to recover compensation paid to former Ministers for damage to their private residences during the post–May 9 unrest, which he claims exceeded legal limits.
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 the court that the correct addresses of the respondents had now been submitted in compliance with an earlier order, and sought permission to issue notices. The bench thereafter directed that notices be issued on the respondents.
The petitioner cited a statement made in Parliament on February 5 last year by Health Minister Dr. Nalinda Jayatissa, which revealed that compensation totalling Rs. 1.22 billion had been paid to 43 individuals for damages to Ministers’ houses during the May 9, 2022 violence. Several former Ministers of the previous government were reportedly among the recipients.
Dr. Dabare pointed out that under existing law, even in cases of natural disasters, compensation for housing damage is capped at Rs. 2.5 million. He alleged that some former Ministers had received amounts exceeding this limit, rendering the payments unlawful.
The petition further claims that the selective payment of large compensation sums violated the petitioner’s fundamental rights and seeks a declaration to that effect, along with an order directing an investigation and legal action against those responsible.
In addition, the petitioner has requested the court to order the recovery of unlawfully obtained compensation and to direct the State to pay any legitimately due compensation through a fair and lawful mechanism.
The Supreme Court has fixed the petition for further consideration on May 8.
