A Public Interest Litigation Activist filed a Petition in the Supreme Court yesterday seeking a mandatory order against the Corruption Commission for its failure to initiate a credible investigation against the corruption charge he leveled against the Supreme Court Judge Eva Wanasunda.
Producing evidence before the Court senior lawyer, and public interest litigation activist, Nagananda Kodituwakku states that Justice Wanasundara deliberately abused the office to suppress serious Constitutional Fraud committed by five judges of the Supreme Court who had abused the office to favor the former President J R Jayewardene to appoint candidates rejected by the people through the National List.
Investigation carried out by the activist has revealed that there was no Bill tabled in the Parliament referred to the Supreme Court but only a type written note and a letter by President Jayewardene has been referred to the Supreme Court. One citizen who had challenged it on 18th April 1988 has requested the Court to issue a copy of the document referred to Court by President Jayewardene which not published by the government printer to raise his objections but the 5 judge Bench has flatly refused his request and on the same day ruled in favor of President Jayewardene.
Activists investigations have also revealed the then Prime Minister R Premadasa has rejected the Supreme Court order and not supported the move to appoint defeated candidates through the National List and parliament has only passed the Bill tabled by the Prime Minister Premadasa on 04th May 1988. Yet, the speaker has ratified a different a wrong Bill that was circulated by the President Jayewardene, allowing the refused candidates to enter the Parliament through the National List which the activist claimed an organized constitutional fraud committed against the Nation.
Having found these vital evidence the activist has made request to obtain a certified copy of the Supreme Court ruling that activist challenged patently flawed. However, Justice Wanasundara has refused to release a certified copy of the said case record with the following order made.
“… Communication between the President and the Chief Justice and the Observations of the Court, which are communicated to the President and to the Speaker, need not be disclosed to Mr Kodituwakku. The request contained in the Motion is therefore refused …”
Activist has reported this abuse of judicial office by Justice Wanasundara to Chief Justice as an attempt to suppress the constitutional fraud, involving 5 judges of the Court and requested the Chief Justice to intervene and to make an order to release the relevant special determination record to the Petitioner, enabling him to challenge the unlawful National List appointments. Followed by the said request the Chief Justice Sripavan has released the said special determination record to the activist who had then initiated a case against all National List appointment, on the basis that all such appointments made through the National List are illegal which has not been approved by the Parliament when the bill was presented to the House.
Activist has also charged judge Wanasundara for corruption before the Corruption Commission for suppressing this vital information that revealed the fraud committed against the people involving all three organs of the government including the 5 judges of the Supreme Court. As the Corruption Commission has failed to conduct a credible investigation against justice Wanasundara, the activist has now initiated action against the Corruption Commission in the Supreme Court seeking for an Order against the Corruption Commission, compelling it to conduct a credible investigation into the corruption complaint made by the activist against justice Wanasundara. (By Ananda Markalanda)