The request not to remove Avant Garde armories from naval premises has been rejected.

The Court of Appeal yesterday decided to dismiss two writ petitions filed challenging the order issued by the Secretary of Defence to remove the armouries belonging to Avant Garde Maritime Services (Pvt) Ltd from Sri Lanka Navy camps, without hearing them. This decision was announced by the bench comprising Court of Appeal President Justice Rohantha Abeysooriya and Justice Priyantha Fernando, and it was emphasized that these petitions did not reveal sufficient legal grounds to issue notices to the respondents.

During the consideration of these petitions, President's Counsel Sanjeewa Jayawardena and Kuvera de Zoysa, appearing for the petitioner company and its employees, argued that ordering the arbitrary removal of armouries without providing an alternative location was contrary to the law. However, Additional Solicitor General and President's Counsel Vikum de Abrew, who made submissions for the respondents along with Deputy Solicitor General Shanil Kularatne, pointed out that seeking relief from the court at the last minute against an order issued in August was unacceptable, and that the Navy's decision to withdraw from facilitating the petitioner company was entirely lawful. The Secretary of Defence had informed the company in writing on August 28 to remove the relevant armouries maintained at the naval camps in Colombo, Galle, and Trincomalee before November 28.

The takeover of these maritime security services by the government was based on a Cabinet proposal passed on June 18 regarding national security and economic impact, and Gazette notification No. 2449/24 issued on August 10. In accordance with the powers vested in the President as Commander-in-Chief under Section 21 of the Navy Act, these non-naval duties were assigned to the Sri Lanka Navy based on national necessity, and accordingly, maritime security operations have been fully under the control of the Sri Lanka Navy since October 03.

After the Navy took over these operations, 404 operations were successfully carried out within a short period of about four months, from October 03 to February 25. Through this, the Navy has been able to earn nearly USD 690,000 in direct foreign exchange for the Treasury. It has been revealed that although Avant Garde, which previously conducted these operations, earned significant revenue in dollars from foreign vessels, it paid the relevant fees to the government in rupees, and despite this, the company has currently defaulted on a large payment of approximately LKR 782 million to the government.

This business, which started around 2012 under the leadership of Mr. Nissanka Senadipathi with the participation of a group of retired military officers, has been associated with many controversial incidents in the past. In 2015, a case was filed before the High Court regarding the illegal possession of 816 firearms and 203,395 rounds of ammunition on board the MV Avant Garde vessel in the Galle sea area. In that case, heard before the three-member bench comprising Justices Aditya Patabendige, Manjula Thilakarathne, and Mahen Weeraman, all eight defendants were acquitted and released based on the testimony of former Secretary of Defence Karunasena Hettiarachchi. Subsequently, this operation ran as a partnership with Rakna Lanka company from 2015 to 2019, and after 2019, it was fully reassigned to Avant Garde company.

Many parties also raised accusations that maintaining such a massive private armed force, outside government control, created a situation similar to Russia's Wagner mercenary group, posing a serious threat to national security. Furthermore, various incidents have shown that the company's chairman used his wealth and power to gain control over politicians as well as state officials. Examples of this, which became public during the relevant period, include the destruction of the career of former Director General of the Bribery Commission, Ms. Dilrukshi Dias Wickramasinghe, by editing phone conversations with the intervention of politicians like Vajira Abeywardena, and various influences exerted targeting politicians like Champika Ranawaka.