Gotabaya’s Escape Costs: Court Orders Navy to Release Details in RTI Ruling

The Court of Appeal has rejected an appeal filed by the Sri Lanka Navy and upheld an order requiring the disclosure of costs and payment details linked to former President Gotabaya Rajapaksa’s naval transport during the 2022 political crisis.

The ruling, delivered on March 19, stems from a Right to Information (RTI) request made by journalist Rifthi Ali, who sought clarity on reports that Rajapaksa had used a naval vessel in July 2022 to leave the country amid mass unrest.

Ali’s RTI application, filed in September 2022, requested eight categories of information, including the total cost of the trip, confirmation of state spending, and the identities of individuals who accompanied the former President. The Navy rejected the request in full, citing national security concerns.

Following an appeal, the RTI Commission in August 2023 ordered the Navy to release two key details:

• the cost incurred, and
• who paid for the trip.

The Commission allowed the remaining items to remain classified.

In response, Navy Commander Vice Admiral Priyantha Perera filed an appeal before the Court of Appeal, challenging the directive to release those two financial particulars.

However, the Court, in its judgment, dismissed the Navy’s position, noting that the claim of national security risk was unsupported by adequate evidence. The judges emphasized that access to information is a fundamental right, and that exemptions under the RTI Act must be applied narrowly.

“The right to know should be the rule, and the exception should be the refusal,” the Court observed, underscoring that public institutions cannot rely on broad or unsubstantiated claims of secrecy.

The Court concluded that the Navy failed to demonstrate any genuine national security threat arising from the disclosure of the requested cost details. Accordingly, the Navy’s appeal was dismissed, and the RTI Commission’s order was affirmed.

Senior Attorney Rushdie Habeeb, along with Attorney A.N. Manathunga Arachchi, appeared on behalf of journalist Rifthi Ali.

(Adopted from the Newswire)