22 September, 2020

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Judiciary Refuses To Intervene Against Corrupt Executive And Legislature

The Supreme Court said that it cannot intervene against the Government policy although the duty free vehicle permit scheme had been abused by certain elements holding public office.

When the Writ Application filed in the Supreme Court against the powerless Corruption Commission came up for support on the August 06 before the Supreme Court, the Counsel and the Petitioner in the case, Nagananda Kodituwakku, made a strong submission about total failure of all organs of the government, the Legislature, the Executive and the Judiciary, to observe and uphold the Rule of Law.

Supreme_Court_Colombo telegraphThis case was about the abuse of tax-free permits for unjust enrichment by those who holds public office of Cabinet of Ministers and Lawmakers, where the permits had been issued under the Customs Law (Section 19A) by the Minister of Finance in the public interest to import luxury vehicles free from fiscal levies enabling them to use such vehicles to discharge their office effectively. The Counsel submitted to Court that no public interest whatsoever served when the Ministers and the Parliamentarians were allowed sell their permits in the open market, misappropriating a substantial proportion of the tax revenue defrauded by selling the permit, letting wealthy business community, and in some cases drug dealer to import luxury vehicles on such permits free of fiscal levies, whereas a poor man who imports a 650 cc Maruti car is forced to pay a sum of over 1.5 million rupees as fiscal levies to the government.

It was further submitted to the Court that there is not even a single diesel driven luxury vehicle running on the road which had imported on payment of fiscal levies at the rate of 300% and all such vehicles have been imported abusing the tax free permit scheme by wealthy business community, and therefore the Court is under duty to ensure that Rule of Law is enforced against this abuse.

It was submitted that defrauding the tax revenue in this manner, defrauding hundreds of millions of tax revenue, was a criminal offence that falls well within Section 70 of the Bribery Act and therefore the Corruption Commission was under duty to inquire into a plausible complaint made about this scam by the Petitioner-Counsel. Yet the Corruption Commission that function under the Executive, had refused to carryout a formal investigation into this abuse, on the basis that although the government had incurred a loss, as the said loss had been resulted by the government’s own policy, of which the Commission cannot inquire into.

Informing the Court that Corruption Commission is an arm of the executive and therefore if it had failed to inquire into the abuse of tax free permits, being the Watchdog of the people that exercises people’s Judicial power on a social contract entered with people purely on trust, the Court was under duty to ensure that all organs of the government observe and uphold the Rule of Law, including the Judiciary, as they exercise the inalienable sovereign power of the people on trust under the supreme law of the land, the Constitution.

The Counsel submitted that since independence, the sovereign power of the people has been ruthlessly abused and the people have been betrayed by the fraudster elements, who had held public office in the executive and the legislature. Therefore the Judiciary as the watchdog for the people is required by Article 105 of the Constitution to uphold, vindicate and protect people’s judicial power and to ensure that Rule of Law is enforced appropriately against those holds public office in other organs of the government such as the executive and the legislature. And in the event any person holding public office had betrayed the people and had violated the social contract entered with people to perform their public office as required by law; not to abuse the public office to embezzle public funds by resorting to adopt unlawful means.

Citing examples from other parts of the world, where people’s sovereign rights are respected and honoured by the Judiciary with wrongdoers who held public office had been duly dealt with according to law, the Petitioner-Counsel requested the Court to administer the people’s judicial power strictly and decisively according to law against corrupt elements elected as members to the legislature and appointed as the Cabinet of Ministers who has abused their office for unjust enrichment.

However, the having heard the submission made by the Petitioner-Counsel, Nagananda Kodituwakku, and the Attorney General, the Court held that it cannot intervene against the Government policy although the permit scheme had been abused by certain elements holding public office. Therefore the Court refused to issue Notice on the Corruption Commission and the application seeking a Writ of Mandamus was refused without Costs.

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Latest comments

  • 2
    0

    This is a joke. If the judiciary cannot legally intervene against corrupt legislation, can’t the current Executive which came to power on a ‘yahapalana’ reforming ticket do anything about it? If this legislation is reversed, I am sure there will be an outcry from Doctors & Govt. Officials whose only other perk is being exempt from income tax in consideration of their ‘low’ salaries (which may not look good with an election in a few weeks) but this is more about the Land Cruisers, Range Rovers & BMW X5s imported without payment of any import duty by the Govt. for the Ministers & their cronies. Not only should this widely acknowledged ‘license to print money’ practice stopped immediately, those corrupt politicians & their cronies who benefitted should be at least named & shamed to prevent them holding any high positions in the future. Ideally their wealth should be investigated & the ill-gotten takings subjected to normal taxation as the rest of the ordinary population but that would be asking too much.

    Hats off to Mr Kodithuwakku for taking on the establishment by exposing this corrupt practice. There should be more like minded citizens like Mr Kodithwakku to reign in political thugs & crooks.

  • 3
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    This appears to be a SUPREME court, which,
    Sees No Evil, Hears No Evil,& Speaks No Evil.

    In Many democratic countries, judiciary have heard cases against public interest and corruption, and passed strictures on the state organs involved.

  • 0
    0

    Batalanda Ranil gave Mr Siripavan the gig…Right.

    Permits are issued by Batalanada’s chief whip, Mr Galleon Ravi .

    Not sure about the Colombo Elite and the Anglicans, but the whole country knows what Galleon is capable of, after witnessing the Pathalaya show in Bloomendhal.

    And the poor Judges lost a good fellow mate to Pathalaya under the previous Yahapalana of Whisky Madam.

    And Galleon even give free houses to Pathlalaya victims.and their families.

    Can you blame the Judges for not wanting to take on the new Yahapalana Dispensers?………..

  • 3
    0

    Dear K.A Sumanasekera,

    Batalanda Ranil gave Mr Siripavan the gig…Right – I gather that you develop insomnia unless you write or call “Batalanda Ranil” or curse a Tamil living among-st you so that at-least twice a day these days does this on or the other for you to ensure a deep sleep, exactly the way your favourite MARA – prachanda – MARA was in power! You were indeed in deep sleep those days and you didn’t know that all those political cronies of MARA and Dangerous Drug importers were issued these permits for Land Cruisers, Range Rovers & BMW X5s imported without payment of any import duty by the Govt. by MARA and allowed all of them to lead a super luxury live at the expense poor peasants of this tiny Nation for years.
    Of-course, Yahapalanaya should have or attempted to correct this during 180 days.
    Dear Sumanae, please tell me, is it enough just to taking care of suppressing 20% minorities to rule a country and leave & ignore the essential need of the 80% majority of that same country?
    Majority of the entire nation have felt that is not enough on the 8th January 2015, …….. Wake up Mr. K.A.Sumanae, wake up, for the Nation’s prosperity
    than for petty political differences, Stand united in calling against Bribery and Corruption against all politicians from your MARA AND family TO YOUR FOE RANIL AND clique ask them to appoint a POWERFUL JUDICATORY COMMISSIN,
    I am finishing this now as I have been phoned for a National duty ……. do not jealous …. I being Tamil

    As a nation , we can go forward only if we stick together as one nation without any racial or religious differences
    As a nation , we can go forward only if we stick together as one nation without any racial or religious differences
    As a nation , we can go forward only if we stick together as one nation without any racial or religious differences
    As a nation , we can go forward only if we stick together as one nation without any racial or religious differences
    As a nation , we can go forward only if we stick together as one nation without any racial or religious differences

  • 0
    0

    Looks like under yahapalanaya govt too judiciary is influenced by the powers that be. Ranil is a disgrace to yahapalanaya and Sirisena. Sirisena and dishonest Ranil will never be able to govern this country with stability for a long time.It will be like the bad days of CBK and Ranil when both didn’t see eye to eye on many matters. Whatever it is MS & MR will be able to understand each other better if UPFA forms a Govt.

  • 2
    0

    When lions attach a lone buffalo the fate of buffalo is obvious. But when lions meet a sizable of number of buffalo’s the game completely change. Mighty powers of buffalos are such that some lions are dispatched into the sky.

    The Petitioner in this case, should have asked for a fuller bench to support his case against corrupt executive and the lawmakers. If there had been a sizable number of judges, the decision would have been different, probably they would have come of the shell to restore rule of law and to uphold sovereign rights of the Citizens, who had been conned by the politico cheats for decades.

  • 2
    0

    To the Honorable Judges of the Supreme Court in Sri Lanka

    It is really shocking indeed!
    Why the Supreme Court hesitates when the undesirable, unpatriotic elements in the Executive and the Legislature collectively violate the constitution.

    Enough is enough Gentlemen!
    Now you are having a better president and a better CJ.
    What else do you want to fulfill the legitimate aspirations of the people?
    Are you scared of the criminals lining up to enter into these sacred offices after 17 August?

    Gentlemen!
    Then, it is time to act. A golden opportunity to warn them beforehand and to display the power of the judiciary.
    It is your duty to demonstrate that there is a determined Judiciary (Like is other democratically advanced countries) to protect the rights of the people whose power the Judiciary exercise.

    History provides rare opportunities. This time it has come in the guise of a Petition filed by the Lawyer Nagananda Kodituwakku. (Yes, while all Legal Eagles of Sri Lanka Maintaining a deafening silence on such critical, nationally important issues.)

    But Gentlemen!
    What you have done?
    You have simply thrown this historic opportunity away!
    In reality this is an act of collaboration with the rogue elements to rob public funds.Nothing else!

    Remember Gentlemen!
    History has room only for the Brave and not for the Spineless Boot-Lickers who will be dumped into the dustbin of history!
    If the Supreme Court of Sri Lanka fails, creating a Just Society will only be a pipe dream!

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