COLOMBO : The Supreme Court yesterday (27) decided to proceed with a Contempt of Court Case against former State Intelligence Chief, SDIG Nilantha Jayawardena, for failing to fully pay the compensation of Rs.75 million ordered by the Court in connection with the 2019 Easter Sunday attacks.
A seven-member Bench of the Supreme Court issued a notice requiring Jayawardena to personally appear before the Court on October 7 to show cause. This decision followed a submission by the Attorney General’s office indicating that a charge sheet had been filed against Jayawardena for contempt of court. The Court had previously ruled that compensation must be paid as part of a judgement related to 11 fundamental rights petitions filed over the Easter Sunday attacks.
The bench, presided over by Chief Justice Jayantha Jayasuriya, along with Justices Murdu Fernando, S. Thurairajah, A.H.M.D. Nawaz, Kumuduni Wickramasinghe, Shiran Gunaratne and Achala Wengappuli, made the order after hearing submissions regarding whether the ordered compensation payments had been fulfilled.
The Additional Solicitor General, appearing for the Attorney General, informed Court that former President Maithripala Sirisena and former Inspector General of Police Pujith Jayasundara had paid their respective compensation amounts. Additional Solicitor General Dileepa Peiris stated that Sirisena had paid the Rs.100 million he owed by August 16 and Jayasundara had completed his payment by August 30.
However, Jayawardena, who was ordered to pay Rs. 75 million, had only paid Rs. 5.1 million by October 8 and an additional Rs. 4.9 million afterwards, leaving a significant portion unpaid, according to the Additional Solicitor General. The Contempt of Court charge was brought forward based on a report from the Office of Reparation confirming that Jayawardena had not made further payments.
The Supreme Court had earlier instructed the filing of charges against Jayawardena for his failure to comply with the compensation order. Additionally, a disciplinary inquiry led by retired High Court Judge Champa Janaki Rajaratne is ongoing, with six hearings already completed. Jayawardena has been placed on compulsory leave during this period.
Additional Solicitor General Peiris also revealed that Rajaratne has since been appointed as a Governor, and a new retired judge is being nominated to complete the inquiry. The court was also informed that former Defence Secretary Hemasiri Fernando and National Intelligence Chief Sisira Mendis had fully paid their compensation as ordered.
The Additional Solicitor General noted that the Office of Reparation had received Rs. 246 million in compensation payments, of which Rs. 62 million had been distributed to victims of the Easter attacks. Around 300 additional lawsuits have been filed in various courts by other victims seeking compensation, and those who have received payments are expected to withdraw their cases.
The defence counsel for Jayawardena, President’s Counsel Chandaka Jayasundara, stated that his client had paid Rs. 10 million so far but was unable to pay the remaining Rs. 65 million due to financial difficulties. Jayasundara requested that the court consider allowing the unpaid amount to be deducted from Jayawardena’s monthly salary, which currently stands at Rs. 127,000, with Rs. 40,000 potentially deductible.
The defence maintained that the failure to fully pay the compensation was not an act of contempt or intentional defiance but a matter of financial incapacity, for which they expressed regret before the court. The Bench ordered that all other respondents who had completed their payments be released from the petitions.
The court also directed the Attorney General to provide a detailed report on the names of individuals who had received compensation from the Office of Reparation. Based on these findings, the court will continue with contempt proceedings against Jayawardena.-Daiky News
