Court to rule on Gotabaya Rajapaksa’s petition to prevent arrest on September 22

The Court of Appeal will rule on September 22, 2026, whether to proceed with former Sri Lanka President Gotabaya Rajapaksa’s petition seeking protection from arrest and detention under the Prevention of Terrorism Act over the Easter Sunday attacks investigation.

The court will also decide on the same day whether to issue an interim order preventing his arrest until the petition is fully heard and a final judgment is delivered.

The petition was taken up today (August 3) before a Court of Appeal bench comprising Court of Appeal President Justice Rohantha Abeysuriya and Justice Sarath Dissanayake.

President’s Counsel Romesh de Silva, appearing for Gotabaya Rajapaksa, presented his reply submissions before the court.

Citing previous Supreme Court judgments, he argued that arresting a person was not an essential part of an investigation and should be done only when necessary.

He said there must be strong evidence and a reasonable suspicion before a person can be arrested under the Prevention of Terrorism Act.

The President’s Counsel argued that recent Supreme Court judgments had found that arrests under the Act without such grounds were not justified.

He claimed that the respondents had not presented any evidence against Rajapaksa and questioned how he could be arrested in those circumstances.

Justice Sarath Dissanayake then asked about an overseas travel ban obtained by the Criminal Investigation Department against the former President and questioned the basis on which it had been issued.

Responding, the President’s Counsel claimed that there was no basis for the travel ban.

He said his client was prepared to cooperate with any investigation and provide statements. He also said there had been no complaint that Rajapaksa had attempted to influence witnesses.

The lawyer further referred to the recent death sentences imposed on a former Defence Secretary and a former Inspector General of Police after they were found guilty of failing to prevent the Easter Sunday terrorist attacks despite receiving prior intelligence.

He claimed that a similar allegation had been made against CID Director Shani Abeysekara, who is also a respondent in the petition.

The President’s Counsel questioned why no action had been taken against Abeysekara and why the Attorney General’s Department had not filed a case against him.

He also said the respondents had submitted an affidavit to the court but had failed to present any evidence against Rajapaksa or explain why his arrest was necessary.

The lawyer said the proceedings could be concluded if the respondents gave an undertaking that there was no need to arrest the petitioner.

He added that if evidence existed, a case should be filed against Rajapaksa, who was prepared to face any charges brought against him.

Concluding his submissions, the President’s Counsel said the petitioner had established a strong prima facie case and that the respondents had not presented sufficient material to challenge it.

He requested the court to issue notices on the respondents and proceed with the hearing of the petition.

He also sought an interim order preventing Rajapaksa’s arrest until the petition is heard and a final judgment is delivered.

The judges then noted that the final relief requested in the petition and the proposed interim order appeared to be similar. They questioned whether such an interim order could be issued in those circumstances.

The President’s Counsel responded that the issue would not arise when a strong prima facie case had been established. He argued that there was therefore no legal obstacle to granting the interim order.

After oral submissions by all parties were completed, the court directed lawyers representing the petitioner and respondents to file any written submissions before August 31, 2026.

The bench then announced that its decisions on whether to issue notices and proceed with the petition, and whether to grant the requested interim order, would be delivered on September 22, 2026.

A legal team led by President’s Counsel Romesh de Silva appeared for Gotabaya Rajapaksa on the instructions of Attorney-at-Law Sanath Wijewardena.

Deputy Solicitor General Suharshi Herath appeared for the respondents, including CID Director Shani Abeysekara.