(March 17, 2018, Colombo, Sri Lanka Guardian) In his letter to Attorney General’s Department, Nagananda Kodituwakku, Public interest litigation activist, has accused Attorney General Mr. Jayantha Jayasuriya of Deceiving the Supreme Court.
Full text of the letter submitted the AG department as follows;
Gross abuse of office of the Attorney General to deceive the Supreme Court – SC/Writs/ 04/2015
The above matter was initiated in the public interest by me against the CIABOC (Commission to Investigate Allegations of Bribery or Corruption) on 04th Aug 2015, for its dismal failure to investigate into the credible complaint made against the former Secretary to the Treasury, P B Jayasundara, who was directly responsible for interfering in a Customs Investigation to exculpate two suspect companies, namely the LOLC and LB Finance, that were involved in a government revenue fraud, running into several hundred million rupees concerning abuse of concessionary car permits.
At the hearing of the above matter, which was resumed on 15th March 2018, dishonesty of the Respondent P B Jayasundara was vividly demonstrated with irrefutable evidence presented to the Court. Then the Deputy Solicitor General (DSG) Nerin Pulle, referring to a circular dated 09th Nov 2012 (marked P7) issued by the Respondent Jayasundara, made submissions to the Court that Respondent Jayasundara’s action in withdrawing the prohibition of ‘sale of vehicles for 3 years from the date of importation’, was in compliance with the Government Fiscal Policy Statement 2012/2013 and hence the Respondent’s directions conveyed to the Director General of Customs, compelling him to stop the relevant Customs investigation was lawful and therefore, there was no prima facie case against the Respondent Jayasundara.
This was followed by a request made to produce a copy of the said Fiscal Policy Statement (2012/2013) to the Court, but it was not acceded. Thus, the DSG was able to induce the Court to decline the issuance of Notice on the Respondent CIABOC to conduct a credible investigation against the Respondent Jayasundara, solely depending on the submissions made for the Attorney General. Accordingly the case was dismissed.
After studying the said Government Fiscal Policy Statement 2012/2013 (a copy enclosed for your attention), I have now found that the submission made by the Deputy Solicitor General referred to above was manifestly false, misleading and unfounded and amounts to contempt of the Supreme Court.
It is the bounden duty of the person appointed to the office of the Attorney General to perform office only for public good and not to abuse it to protect corrupt elements occupying office in the Legislature and the Executive.
Therefore, please take notice that unless you make a plea forthwith to the Court to reinstate the matter, SC/Writs/ 04/2015action will be initiated for contempt of the Supreme Court to cover up a colossal revenue fraud committed against the Republic of Sri Lanka.
Copies to: Hon’ Chief Justice Priyasath Dep for information
Hon’ Justice K T Chitrasiri for information
Hon’ Justice Prasanna Jayawaradena for information
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