Ranil Wickremesinghe Government faces a acid text before the Supreme Court in a Writ Application filed by the lawyer Public Interest Litigation Lawyer, against the defunct Corruption Commission for its failure to enforce law against an individual responsible for denying several hundreds millions of tax revenue.
The Petitioner Nagananda Kodituwakku states that every citizen is under duty to respect and honour the Rule of Law and the Bribery and the Corruption Commission was not an exception. The law requires it to investigate on plausible complaint made against any individual who had abused office to cause any loss to the government.
With evidence to support his case presented to Court, the Petitioner states that the former Secretary to the Treasury Dr P. B. Jayasundera had suppressed a major revenue fraud inquiry initiated by the Customs Department against a powerful individual who had abused tax-free permits to embezzle hundreds of millions of rupees.
The Petition filed in Court states that after the said customs investigation into this fraud was initiated on 12th November 2012 DR P. B. Jayasundera had directed the Director General of Trade and Tariff of General Treasury to issue a Circular withdrawing all restrictions imposed against unlawful disposal of duty free permits and according the said directions the DG, Trade an Tariff had issued a circular on 15th November 2012, withdrawing all restrictions imposed unlawful transfer of tax free permits.
However, when some Customs Officers decided to challenge the validity of the said false Circular, Dr Jayasundera himself had issued a Circular backdating it to 09th Nov 2012 that was a date prior to the commencement of the Customs Investigation.
The Petitioner states that despite this abuse fell within the Bribery and Corruption Act, giving the Commission ample power to inquire into the complaint, it absolutely failed to inquire into the complaint made against Dr Jayasundera and to enforce the law against him.
Therefore, the Petitioner had challenged the failure on the part of the Corruption Commission to initiate credible investigation, before the Supreme Court, seeking a Writ of Mandamus compelling it to initiate a credible investigation against Dr P. B. Jayasundera.