FR against Selendiva Investments fixed for September 21

On Jul 15, 2021

A Fundamental Rights petition seeking an Interim Order prohibiting the Treasury Secretary from selling, leasing, or alienating state properties vested in Selendiva Investments Limited Company or any of its subsidiaries was yesterday fixed for September 21 by Supreme Court.

This petition had been filed by Professionals National Front of Sri Lanka (PNF) Secretary Kapila Renuka Perera.

Attorney Darshana Weraduwage appearing for Perera sought Court’s permission to file an amended petition in line with the changes of the duties and functions of the Cabinet of Ministers on July 8.

Accordingly, the Supreme Court three-judge-Bench comprising Justices Gamini Amarasekara, Shiran Gunaratne and Kumuduni Wickremasinghe fixed the petition to be mentioned on September 21.

According to Perera, Selendiva Investments Ltd was formed with Cabinet approval granted on or around March 24, 2020, with 100 percent ownership vested in the Secretary to the Treasury, with the goal of transforming the State-Owned Hospitality Portfolios to optimum performance levels through appropriate restructuring.

Filing this petition through Attorney Weraduwage, the Petitioner states that, on or around the 18th of May, 2021, he has seen a press briefing of Cabinet decisions which included information relating to several approved proposals including; State-owned Canwill Holdings (Pvt) Ltd, Hotel Developers (Lanka) PLC and Hotels Colombo Ltd have been already vested in Selendiva Investments Ltd at present.

The petitioner also feared that it would cause irreparable harm to the country’s cultural heritage, as some of the properties to be vested with Selendiva Investments Ltd are said to be historic and architecturally valuable buildings that are listed to be preserved in the City of Colombo Development Plan 1999.

If the Cabinet decision is executed, the petitioner and the citizens of this country will lose access to important historical, archaeological, and architecturally valuable sites located in the aforementioned territories, the petitioner said.

The petitioner has named Prime Minister Mahinda Rajapaksa, Treasury Secretary S.R. Attygalle, Public Enterprises Department Director General P.A.S. Athula Kumara, Selendiva Investments Limited, Auditor General W.P.C.Wickremaratne, Security and Exchange Commission of Sri Lanka, Colombo Stock Exchange, the Registrar General of Companies, Hotel Developers (Lanka) PLC, Hotels Colombo (1963) Ltd, Bank of Ceylon, Canwill Holdings (Private) Limited, Sri Lanka Insurance Corporation Ltd, The Monetary Board (CBSL), Litro Gas Lanka Ltd, Urban Development Authority, Secretary to the Cabinet, Selendiva Leisure Investments Limited and Attorney General as respondents.