SC dismisses case against ex-AG and PB

1 February 2013 06:14 pm - 30     - {{hitsCtrl.values.hits}}

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The Supreme Court today dismissed with costs a fundamental rights petition that challenged the integrity and honesty of the former Attorney General Mohan Peiris and the Treasury Secretary P.B. Jayasundera.
 
The Supreme Court Bench comprising Justices P.A. Ratnayake, Sathya Hettige and S.E. Wanasundera refused leave to proceed with the fundamental rights application filed by a Customs officer who claimed that former Attorney General AG (present Chief Justice) Mohan Peiris had prevented the Customs from obtaining Rs.619 million from a company. 
 
The petitioner Customs Deputy Superintendent T.R. Rathnasiri cited Mohan Peiris in his personal capacity, Treasury Secretary P.B. Jayasundara, Customs Director General Sanath Jayatilake, Customs Director Tilak Perera, the Board of Investments (BOI) and Colombo Dockyard Company Ltd as respondents.  
The petitioner in his applications said on October 7, 2000 he discovered a massive revenue fraud running into more than half a billion rupees.   
 
Mr. Rathnasiri claimed that both Mr. Peiris and Mr. Jayasundara were directly responsible in denying the government the receipt of public funds to the tune of more than Rs.619 million allegedly defrauded by the respondent Colombo Dockyard Company Ltd. 
 
The petitioner alleged that the Colombo Dockyard Company Ltd., which is a Board of Investment approved company, had sold 21 marine craft without the prior BOI approval or after the payment of the fiscal levies to Customs.
 
He alleged that the Colombo Dockyard Company Ltd. had collected the entire fiscal duty component of Rs.619 million from the buyers (Sri Lanka Navy and the Ports Authority) and then had misappropriated the total sum so collected without paying a single cent to the Customs.
 
The petitioner Customs officer complained that there was a violation of Customs laws by the conduct of respondents Mohan Peiris, P.B. Jayasundara, Customs Director General and the Attorney General and as such he was denied his fundamental rights.
 
Counsel Nagananda Kodituwakku appeared for the petitioner. K. Kanag Iswaran PC appeared for the Colombo Dockyard Company Ltd and Deputy Solicitor General Shavindra Fernando appeared for the Attorney General and the Customs. (SSS)
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  Comments - 30

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  • Mason Saturday, 02 February 2013 05:34 AM

    Justice in the country has already died, regrettably without any mourners.

    Manuelpillai Monday, 04 February 2013 03:08 AM

    No reasons will be given for dismissal if those in power are involved. This will be the future trend.

    nonis Saturday, 02 February 2013 12:00 AM

    ok ok now we know why so hurriedly former CJ was removed via DM Android App

    Janak Saturday, 02 February 2013 01:16 AM

    Three cheers for an independent judiciary!!

    Don Udawatte Saturday, 02 February 2013 06:59 AM

    Biginning of the end !

    Countryman Saturday, 02 February 2013 01:32 AM

    Horage ammagen pena ahilla.

    Mohan Pieris Saturday, 02 February 2013 06:33 PM

    Sorry guys. I had to pardon myself!

    Tony Rezel Saturday, 02 February 2013 01:54 AM

    Would be interested to know why leave to proceed with the case was refused.

    Kiwi Saturday, 02 February 2013 02:02 AM

    Not surprising, is it?

    Srinath Gunesekera Saturday, 02 February 2013 09:09 PM

    DM please publish the court order in the interests of readers
    Srinath

    Rata Haraka Saturday, 02 February 2013 07:30 AM

    Hahahahahahahahaaa... Let the games begin. All we can do is just sit back and watch the show. Haiyo malli.

    Suren Sarathkumara Saturday, 02 February 2013 02:56 AM

    Here we go

    Padme Sunday, 03 February 2013 12:29 AM

    So they can do what ever the damage and get away with it.Crookes

    Subash Saturday, 02 February 2013 02:57 AM

    Oh are we surprised.....?????

    sanaboy Sunday, 03 February 2013 12:33 AM

    Ha Ha .... Wada patan aran wagai

    hush Saturday, 02 February 2013 12:00 AM

    I bet there is no confli of interest here at all, let's impeach this CJ too via DM Android App

    kautilya Saturday, 02 February 2013 03:07 AM

    It was known in advance.

    Punny Pellow Saturday, 02 February 2013 03:17 AM

    Aney, mathaka thiya ganna, me ayata nadu pawaranna epa. Kale nasthi kiri mak witharai.

    disgusted Sunday, 03 February 2013 01:58 AM

    how convenient is that.
    rajapakses in action

    would make a good soap or a movie

    Lobo Sunday, 03 February 2013 02:14 AM

    Get used to it. This is the way its going to be from now on. Just make sure you're on the correct side of the law....their side!

    Jagath Leanage Sunday, 03 February 2013 02:16 AM

    Now, he is at work. We knew that, before the appointment.

    Jagath Saturday, 02 February 2013 03:37 AM

    Dan Baduth hamduruwange naduth hamuduruwange.

    God bless Sri Lanka!

    perumal Sunday, 03 February 2013 02:32 AM

    Yes of course, Why? But however, is the current SC bound to give the reasons?

    Jagath Leanage Sunday, 03 February 2013 02:56 AM

    I do laugh. But not from my mouth.

    priyantha Sunday, 03 February 2013 04:36 AM

    Not cheif justice nevei pal horek!

    Ravi Perera Sunday, 03 February 2013 05:02 AM

    Is this what the govt promised the people? Time to kick off them and punish them for their deeds. I hope and pray that there will be a leader that will act straightly and punish these people to the fullest!!

    Ravi Perera Sunday, 03 February 2013 05:06 AM

    When there will be independent judicary in SL without political inteference? I guess SL need foreign intervension badly at this time as govt unable to protect the integrity. Shame of this govt. They should be punished to the fullest when the next govt comes.

    buruwa Sunday, 03 February 2013 05:34 AM

    Where are the people who shouted Shiranee is a corrupt person? We didn't see this type of incidents under Shiranee Chief Judge

    Citizen Perera Saturday, 02 February 2013 04:53 AM

    ONLY GOD KNOWS the reason for dismissal.

    Dham Saturday, 02 February 2013 11:47 AM

    Now showing at all over SL 'Horungeth Horu'


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