SC hears contempt case against Immigration Controller General
The contempt of court case filed against Controller General of Immigration and Emigration Harsha Illukpitiya, who is currently in remand custody, was taken up for hearing before the Supreme Court today (16).
The hearing was conducted before a three-judge bench comprising Justices Yasantha Kodagoda, Janak de Silva, and Arjuna Obeysekera.
The first witness to give evidence was Supreme Court Registrar Aravinda Gunaratne. Under the direction of President’s Counsel M.A. Sumanthiran—who is one of the petitioners—Registrar Gunaratne testified that three Fundamental Rights petitions are currently pending before the Supreme Court, challenging the electronic visa (e-Visa) issuance process.
He stated that interim injunctions had been issued by the Court in this regard on August 2, 2023.
He further noted that the respondent, Controller General Harsha Illukpitiya, had subsequently filed an affidavit informing the Court of difficulties in implementing the said orders.
Following testimony from officials of the Department of Immigration and Emigration, contempt of court charges were filed against Ilukpitiya for non-compliance.
Subsequent evidence was also recorded from a representative of Sri Lanka Mobitel, which was involved in the e-Visa issuance process.
During the proceedings, President’s Counsel Saliya Peiris, appearing for the respondent, requested the Court to issue an order to summon several files from the Department of Immigration and Emigration relevant to the case. The bench granted the request and directed the Department to submit the files in a sealed envelope to the Court Registrar.
Accordingly, the hearing was adjourned until July 1.
Previously, the Supreme Court had issued an interim injunction ordering the reinstatement of the previous visa issuance system. This followed a decision made by the Cabinet under the former administration to transfer the e-Visa process to two private entities—an action now under legal scrutiny.
Harsha Illukpitiya was remanded on September 25, 2024, after being charged with contempt of court for failing to comply with the interim injunction. His bail application was subsequently denied.
The petitions were filed by former Members of Parliament Patali Champika Ranawaka, M.A. Sumanthiran, and Sri Lanka Muslim Congress Leader and MP Rauff Hakeem.