The Commission to Investigate Allegations of Bribery or Corruption ( CIABOC ) has been charged in the Supreme Court for condoning a serious act organized state sponsored corruption involving a large number of MPs who had made huge profits of over 25 million rupees by selling their tax-free permits to motor car importers in the open market.
In the Writ application filed in the Supreme Court (SC/Writs/07/2016) against CIABOC, the Public Interest Rights Activist and a Lawyer Nagananda Kodituwakku argues that it had failed to perform the duty vested in it to conduct a credible investigation and prosecute those MPs who have sold their permits, despite first hand direct evidence of selling permits was made available to the CIABOC by him, demonstrating the selling of the MP tax free permits to third parties who had imported luxury vehicles and registered the vehicles in their name at the RMV despite they were not entitled to use the tax free privilege only afforded to the MPs only.
The Petitioner lawyer argues that those who hold office in the Legislature and the Executive have themselves acknowledged their obligations to the People and their duty to preserve people’s rights and privileges, so that the dignity and freedom of the citizens would be assured and a Just, Social, Economic and Cultural Order attained. But their conduct concerning the selling of permits demonstrates patent violation of their Constitutional obligations to the people, effectively nullifying the equality, fundamental rights and the doctrine of Democratic Governance enshrined in the Constitution.
The Lawyer further argues that the unlawful selling of permits clearly undermine the sovereignty in the people and betray the peoples’ trust and confidence placed in the MPs appointed or elected to the Legislature and Executive and such actions violates the law relating to corruption and hence false well within the criminal offence of corruption as defined in the Section 70 of the Bribery Act and therefore seeks the intervention of the Court that is empower to protect, vindicate and enforce the rights of the people [Article 105] of the Constitution.