Opinion on legality of FCID sought

Manjula Fernando

The Law and Order Ministry has sought an opinion on the legality of the Financial Crimes Investigation Division(FCID), from the Attorney General's Department following parties challenging its legal status.

Law and Order Minister Sagala Ratnayake said the cases investigated by the FCID will continue as usual, despite the SLFP and others questioning its legality. Nevertheless they have sought an opinion on the matter. "There are several court cases challenging its legality and the courts will decide on it," he said.

Almost 35 cases have been completed so far by the FCID and many more were to be investigated. "None of these cases were reported by the Government but by the public," the Minister said. The FCID has received an overwhelming number of complaints since its inception early last year, creating a backlog and delay.

Among those who had challenged the FCID's legal status are former Defence Secretary Gotabaya Rajapaksa and Prof. Carlo Fonseka.

The Unit set up under Section 55 of the Police Ordinance has initiated investigations against many key members of the former government, their relatives and aides for financial frauds during the previous regime.

The petitioners said Section 55 does not vest any power with the IGP to establish a separate functional division in the police and is ultra vires of the Police Ordinance. They argue that any investigation carried out by the FCID has no effect in law. However, the Government has denied this claim.