E-Visa Scandal: Ex-Immigration Chief Admits Guilt in Contempt Case

COLOMBO (News 1st); Former Controller General of Immigration and Emigration Harsha Ilukpitiya informed the Supreme Court that he unconditionally admits guilt in the contempt of court charges filed against him for failing to implement an interim order related to the e-visa issuance process.

Ilukpitiya also notified the court that he would withdraw his previous statement in which he had claimed to be “not guilty.”

After considering his statement, the Supreme Court bench announced that sentencing will be delivered on July 24.

During the previous administration, a Cabinet decision was made to outsource the e- visa issuance process to two private companies.

In response, Members of Parliament Patali Champika Ranawaka, M.A. Sumanthiran, and Rauff Hakeem filed fundamental rights petitions requesting the Supreme Court to issue an order nullifying that decision.

On August 2 last year, the Supreme Court granted leave to proceed with the petitions and issued an interim order suspending the implementation of the Cabinet decision.

On the same day, the Supreme Court issued a further directive to the Immigration Controller to continue issuing e-visas under the existing system.

The petitioners later filed contempt charges, alleging that Harsha Ilukpitiya failed to comply with the court’s interim order.

On September 25, the Supreme Court ordered Ilukpitiya to be remanded until the conclusion of the case.

Tuesday’s hearing was held before a three-judge bench comprising Justices Yasantha Kodagoda, Janak de Silva, and Arjuna Obeysekera.

During questioning by Justice Kodagoda, Ilukpitiya explained:

“Your Honour, I sought advice from the Attorney General regarding the interim order. I was instructed to await further clarification from the Court. Until such clarification was received, the Secretary to the Ministry informed me not to act on the order. I followed those instructions. At the time, I had already requested early retirement and a transfer to another institution.”

Justice Kodagoda then asked whether Ilukpitiya had been pressured by a higher authority not to implement the court order.

“Your Honour, Secretary Viyani Gunathilaka instructed me—both verbally and in writing—not to implement the order until further advice was received from the Attorney General.”

“So you’re saying you didn’t implement the order based on the Secretary’s instructions? When exactly did you receive those instructions?,” question Supreme Court Justice Yasantha Kodagoda.

“Your Honour, I don’t recall the exact date, but it was before I left the country. I received both verbal and written instructions,” responded Illukpitiya.

Representing the petitioners, Attorney-at-Law Rauff Hakeem argued that the violation was not a personal decision by Ilukpitiya, but a deliberate act that caused significant harm to the national economy.

Patali Champika Ranawaka, also appearing before the court, claimed that the e-visa process had long been plagued by corruption. 

He alleged that an item which could be obtained for USD 1 via Mobitel was instead procured for USD 25, resulting in a loss of Rs 3.71 billion to the country. 

He added that a parliamentary committee had requested the Auditor General to conduct a forensic audit into the matter.

Representing Ilukpitiya, President’s Counsel Saliya Pieris stated that his client was not guilty of any personal wrongdoing, but had unfortunately acted in a wrong post, at the wrong time.

He requested leniency, noting that Ilukpitiya had now admitted guilt.

After reviewing the submissions, the Supreme Court bench instructed that any written submissions related to the case be filed within two weeks. 

The final verdict on sentencing is scheduled to be delivered on July 24.