ASG: Constitution prohibits challenging appointments made by President

Legal challenge to CBSL Governor’s appointment

By Chitra Weerarathne

All parties, mentioned in the case filed by former governor Keerthi Tennakoon, against the appointment of Ajith Nivard Cabraal as the Governor of the Central Bank, were given time till next Tuesday (12 October) to file written submissions.

President’s Counsel Maithri Guneratne appearing for the petitioner Tennakoon, told the Court of Appeal yesterday that Cabraal had wasted Rs. 10.4 billion of public money as the Governor between 2006 and 2015. Guneratne added that Cabraal’s relatives had been appointed to state and private banks.

Additional Solicitor General Nerin Pulle, President’s Counsel appearing for the Attorney General said that the petition filed by Tennakoon against the appointment of Cabraal was an attempt at misinterpreting facts and law. Cabraal had been appointed by the President. Article 35 of the Constitution of Sri Lanka, prevented anyone challenging it. ASG Nerin Pulle wanted the petition dismissed in limine. Romesh de Silva, President’s Counsel, appeared for the third respondent Ajith Nivard Cabraal. He said the petitioner had no locus standi.

The petition has said a forensic audit report had revealed that between 2006 and 2015, the Central Bank had incurred a loss of Rs. 10.5 billion.

During that period Cabraal was the Governor of the Central Bank. Tennakoon has demanded the appointment of Cabraal be quashed by a Writ of Certiorari. Tennakoon also wants the court to prohibit Cabraal from functioning as the Governor by a Writ of Prohibition and a Writ of Mandamus.

Maithri Guneratne, PC, appeared with Shiral Lakthilake, Ashan Nanayakkara, Mohammed Shariffdeen and Charitha Guneratne. The Court of Appeal bench comprised Justice Sobitha Rajakaruna and Justice Dhammika Ganepola.