Return of Jayasundera

By FS

(July 12, Colombo, Sri Lanka Guardian) Nine months after vowing before the Supreme Court not to accept any form of public office after he ‘acted above the law’, Punchi Banda Jayasundera – arguably Sri Lanka’s most powerful public servant in the last 15 years – is making a comeback.

“In the public interest’ (how ironical), this former public official wants his job back as Finance and Treasury Secretary despite a clear indication by the court that he is not fit to serve any position in government.

For those in government and high political circles, Jayasundera stills wields the big stick, serving in an unofficial capacity in the President’s team at a time when the controversial changes occured at the Department of Inland Revenue where senior officers were overlooked in the appointment of the big chief.

The plea to the Supreme Court to annul his affidavit where he stated he would never take public office, is to say the least, unbecoming. Jayasundera has served many political masters from Ranasinghe Premadasa, Chandrika Kumaratunga and Ranil Wickremesinghe to Mahinda Rajapaksa.

This is what the Sunday Times said in an editorial on September 21, after the Lanka Marine Services (LMS) privatisation judgment: “Whatever may be the pros and cons of the judgment - and these arguments will be eternal - the Treasury has been run under Dr. Jayasundera's stewardship with secrecy akin to that which was witnessed in the Kremlin in the old Soviet Union during the Cold War years.”

“Transparency - the key word in good governance today, was the last thing that emanated from the corridors of the Treasury. All information was controlled, calibrated and calculatedly leaked to friendly media, and the doors were closed and telephones un-answered to all others prying into the goings on within the four walls of the Treasury. The Supreme Court verdict gives us a hint of why that might have been so. Efficient and qualified public servants were purged from the Treasury. Politicians started giving orders, and the Secretary taking them.

The Ministry of Finance was replete with thundering accusations of corruption and inefficiency. Dr. Jayasundera's role in ignoring the successive reports of the Auditor General, the Parliamentary Committee on Public Enterprises (COPE) and the Public Accounts Committee (PAC) is inexcusable. He showed scant regard for the incisive findings of corruption, mismanagement, waste and inefficiency in the various public departments, including the Treasury, worth billions of rupees of public funds.”

Jayasundara has asked Court to annul the undertaking given by him earlier in affidavit that he would not take up any government posts after the judgment, as he has been asked by the President to take up the post of Finance and Treasury Secretary to utilise his services for the development projects in the North.
When he continued as Treasury Secretary and Chairman of SriLankan Airlines after the LMS judgement, Vasudeva Nanayakkara – petitioner in the LMS case – complained to court that Jayasundera has no right to hold public office. He then quit these positions.

While the Court order overturning the privatization of LMS was a landmark ruling and drew public support which has watched in dismay high level corruption in the the public sector, Jayasundera’s possible return to public office has shocked many and left people wondering where society is heading when influential men like this chose to ignore the moral belief that when one is found guilty of misconduct, they must go and never return!

This is what the Supreme Court said in the July 21, 2008 LMS judgment in relation to Jayasundera:
“…he has not only acted contrary to the law but purported to arrogate to himself the authority of a Executive Government. His action is not only illegal and in excess of lawful authority but also biased in favour of JKH.

The allegation of the Petitioner that he worked in collusion with S.Ratnayake of John Keells to secure illegal advantages to the letter, adverse to the public interest is established.” All people are equal in the eyes of the law. There is no special treatment. It is so in this case, Jayasundera will not be treated with a silver spoon. According to the Supreme Court, he had violated the law and the constitution and, just like the treatment meted out to any other simple mortal, must not go unpunished,

Apart from the legal issues, why bring Jayasundera back in the first place? Sri Lanka has a good, solid human resource base and many capable public servants and economists who would be glady willing to serve the country in the new phase of development. Surely there are many capable officers who could serve in these positions and replace Treasury Secretary Sumith Abeysinghe when he retires – if this was the reason for Jayasundera’s return?

Or is the mild-mannered, Abeysinghe, known as a man of integrity, being eased out of his position? That is not far from the truth given the way there has been ‘some’ interference in the running of the ministry during Abeysinghe’s tenure.

It would be a travesty of justice if the President brings back Jayasundera to the fold – that is if the Supreme Court allows his return. Already officers at the Finance Ministry are dreading the day when he returns.

It was veteran public servant R. Paskaralingam, creator of the super bureaucrat structure under President Premadasa, who took Jayasundera under his wing from the Central Bank where he (Jayasundera) was an economist, and groomed him to prepare budgets in the early 1990s.

Investigations in the LMS case are not over yet with the CID and Bribery Commissioner continuing the probe to see whether action could be filed against those who were named as being involved in an illegal deal.

In the name of good governance, law and justice, the President should re-consider the decision – if any - to bring back a disgraced officer.

-Sri Lanka Guardian