| by Stanley Samarasinghe
( February 2, 2013, Colombo, Sri Lanka Guardian) The Fundamental Rights application filed by a Customs officer, complaining against former Attorney General Mohan Peiris and Secretary to the Treasury, Dr. P.B. Jayasundera, was dismissed by the Supreme Court.
The Bench comprising Justices Sathya Hettige and S. Eva Wanasundara, after hearing the Counsels of both parties, decided to dismiss the petition.
Assistant Superintendent of Customs, R. Ratnasiri, filed the case citing former Attorney General Mohan Peiris, Secretary to the Treasury P.B. Jayasundera, Colombo Dockyard, Board of Investment and four Customs officers as respondents.
According to the Petitioner, Dockyard Ltd., a BOI approval company, sold 21 marine craft for navy and the Ports Authority. Dockyard Company received money from this transaction and failed to pay due taxes to the Customs.
The Petitioner, who received the information through an informant, had conducted investigations and found out the Dockyard Company had not paid due taxes. Then the Customs had sought the advice of the then Attorney General, but due to his inaction, it had prevented the Customs from collecting its dues, the Petitioner did not get his reward, and thereby he was unable to pay the informant.
When the case was taken up for hearing, Deputy Solicitor General, Savindra Fernando, raised a preliminary objection and submitted that there is no Fundamental Rights Petition before Court.
At a previous occasion, the Court dismissed a similar petition by the same Petitioner, thereafter this petition was filed, he submitted.
"The petition before Court is not a Fundamental Rights violation issue, due to inaction of the executive. But a petition against a Court order. Therefore, court has no jurisdiction to hear the petition, the Deputy Solicitor General argued.
President's Counsel, Kanag-Isvaran, who appeared for Colombo Dockyard said he agrees with the argument and submitted that his client had paid due money and there is nothing else left to pay.
Counsel for the petitioner,
N. Kodithuwakku, submitted that petition was filed in September 2010 on numerous occasions, but he did not get the opportunity to support it.
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