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SC/Writs/07/2016 IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an application under Article 140 of the Constitution read with Section 24 of the Commission to Investigate Allegations of Bribery or Corruption Act No 19 of 1994 for a Mandate in the nature of Writ of Mandamus 1. Nagananda Kodituwakku 99, Subadrarama Road Nugegoda Petitioner Vs SC (Writ) Application No: 07/2016 1. Commission to Investigate Allegations of Bribery or Corruption No 36 Malalasekera Mawatha, Colombo 07 2. T B Weerasuriya, Chairman to the Commission 3. W Lal Ranjith Silva, Member of the Commission 4. Chandranath Neville Guruge, Member of the Commission 5. Dilrukshi Dias Wickramasinghe Deputy Solicitor General Attorney General’s Department Colombo 12 6. Lakshman Yapa Abeywardena State Minister of Finance Ministry of Finance General Secretariat Colombo 1 7. Sujeewa Senasinghe, MP 8. Udaya P Gammanpila, MP 9. Shehan A Semasinghe, MP 10. Ramesh C B Pathirana, MP 11. Kanchana V Wijesekara, MP 12. Annamalai N Sivasakthi, MP 13. W Nimal Lansa, MP 14. Pavithra Wanniarachchi, MP 15. R D Priyantha Asoka MP 16. D Sitharthan, MP 17. Mahinda Samarasinghe, MP 18. Sathasivam Viyalanderan, MP 19. Mohan Lal Grero ,MP 20. Suddathcharige Premarathna, MP 21. B Hettiarachchige Wijepala, MP 22. M A K A K Mannapperuma, MP 23. H A A Don Indika Anuruddha, MP 24. Somasundaram Senadhirajah, MP 25. P K Thewarapperuma, MP 26. M H Priyal Nishantha de Silva, MP 27. Imran Maharoof, MP 28. J Wakkumbura, MP 29. Sivagnanam Shritharan, MP 30. J A Sisira Kumara Jayakody, MP 31. M A Don Hector H Appuhamy, MP 32. S C Muthukumarana, MP 33. Salinda Dissanayake, MP 34. Chamal Jayantha Rajapaksa, MP 35. J P Rohini Kumari Wijeratne, MP 36. P Sudarshini Fernandopulle, MP 37. S Sivamohan, MP 38. D V Chanaka Dinushan, MP 39. Athuraliye Ratana MP 40. Lohan E Ratwatte, MP 41. Wimal Weerawansha, MP 42. D T W Wimalaweera Dissanayake, MP 43. A. D Premadasa, MP 44. Palitha Rangebandara, MP 45. A B U D Pathirana, MP 46. Ranjith J Aluwihare, MP 47. U Priyankara Jayaratne, MP 48. Janaka Bandara Tennakoon, MP 49. Nishantha Muthuhettigamage, MP 50. Gamin I Lokuge, MP 51. L M V Srinal Maxim de Mel, MP 52. Kanchana Dasaratha Herath, MP 53. L V Chaminda Wijesiri, MP 54. Wasantha N P Senanayake, MP 55. Ajith P Perera, MP 56. M L A M Hizbullah, MP 57. Y A Anura Priyadarshana Yapa, MP 58. Ghanamuthu Srineshan, MP 59. P M K Anura Sidney Jayarathne, MP 60. Vijayakala Maheswaran, MP 61. Wasantha L Aluwihare, MP 62. Berugoda Arachchige Vijitha, MP 63. Amirthanathan Adaikalanathan, MP 64. K Sanath Nishantha Perera, MP 65. D Nuwan Wijewardene, MP 66. Sumedha G Jayasena 67. Bandula Gunawardana, MP 68. Mahindananda Aluthgamage, MP 69. Anuradha L P Jayaratne, MP 70. Sarath C Fonseka, MP 71. John A E Amaratunga, MP 72. Dilum Suraj Bandara Amunugama, MP 73. R Sampanthan, MP 74. Vadivel Suresh, MP 75. R G Sriyani Wijewickrama, MP 76. B Prasanna Rajaweera, MP 77. Lakshman Bandara Kiriella, MP 78. D M Swaminathan, MP 79. Malik Devapriya Samarawickrama, MP 80. Nalaka Prasad Colonne, MP 81. M S thowfeek, MP 82. K Arundhika W Fernando, MP 83. Sandesh Ravindra Karunanayake, MP 84. S Ali Zahir Maulana, MP 85. J C Alawathwala, MP 86. Thenuka Amith Widanagamage, MP 87. B Chandrasiri Gajadeera MP 88. L P J Seneviratne MP 89. N J Harin Fernando MP 90. Chandima Weerakkody MP 91. Kabir Hashim MP All are at Parliament of the Republic of Sri Lanka Parliament Approach Road Sri Jayawardenepura Kotte 92. Ranil Wickramasinghe MP and The Prime Minister Prime Minister’s Office 58, Sir Ernest De Silva Mawatha Colombo 7 93. The Attorney General Attorney General’s Department Hulftsdorp Colombo 12 Respondents To: THE HON’ CHIEF JUSTICE AND THE OTHER HON’ JUDGES OF THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA On this Monday, the 19th of December 2016 The Petition of the Petitioner above-named appearing in person states as follows:- 1. The Petitioner, a lawyer by profession and a Public Interests Litigation Activist and a citizen of Sri Lanka and the UK, respectfully states that this Petition is presented to the Supreme Court on behalf of the fellow citizens of his Native Country Sri Lanka, purely in the Public interest and in exercising Petitioner’s Constitutional duty to uphold and defend the Constitution and the law as an Attorney-at-Law as well as in exercising his Constitutionally ordained Fundamental Duties as enshrined in the Article 28 (a), (d) and (e):- a) to uphold and defend the Constitution and the law b) to preserve and protect public property and to combat misuse and waste of public property c) to respect the rights & freedoms of others and d) as well as being the former Head of the Sri Lanka Customs Revenue Task Force, seeking to invoke Supreme Court’s jurisdiction to redress against the 1st to 5th Respondents who have failed to perform their statutory duty on the plausible complaint made on Corruption against the Members of Parliament and the Cabinet of Ministers who have patently abused the public office to defraud the government’s tax-revenue for unjust enrichment morefully asserted hereinafter. (In proof thereof, a true photocopy of the data page of the Sri Lanka passport marked as “X1” and the data page of the British Passport of the Petitioner marked ‘X2” are annexed hereto.) Parties to the Application 2. The Petitioner states that the 1st Respondent is the Commission to Investigate Allegation of Bribery or Corruption (hereinafter referred to as CIABOC), the 2nd Respondent is the Chairman of the CIABOC, the 3rd and 4th Respondents are Members of the CIABOC, whilst the 5th Respondent is now a Deputy Solicitor General and formerly Director General of the CIABOC for the period concerning the matters relevant to this Writ Application, 6th Respondent is the State Minister of Finance and 7th to 90th Respondents are the Members of the Parliament of the 8th Parliament, 91st Respondent is the General Secretary of the United National Party, MP and the Minister of Public Enterprise Development, 92th Respondent is the Prime Minister of the Republic of Sri Lanka and MP 93rd Respondent is the Attorney General of the Republic of Sri Lanka and is listed herein for the purpose of serving Notice only. Constitutional duties conferred in Citizens & the law preserving public property 3. The Petitioner states that the law requires every person elected or appointed to any Public Office to uphold and defend the Constitution and to preserve and protect public property and to combat misuse and waste of public property with due respect to rights & freedoms of others [Articles 28 (a), (d) & (e)]. 4. The Petitioner states that for the realisation of these fundamental objectives of preserving the resources belong to the people, the Fiscal Management (Responsibility) Act No 3 of 2003 (as amended) provides Directing Principles and State Policy, as to how a government shall formulate its Fiscal and Economic Policy, having regard to the financial impact of its decisions on future generations [section 3 (g) of the said Act]. This law also provides that financial strategy of the government shall always be based on the ‘principles of responsible fiscal management’ ensuring and facilitating public scrutiny of fiscal policy and performance of the government. Deception of citizenry has become customary for the dishonest politicians 5. The Petitioner states that in the Republic of Sri Lanka, when seeking a mandate from the people to come to power politicians belong to all political parties utter various deceitful statements to the constituency claiming to be the trustees of the people, which has become the order of the day, and once elected or appointed to the office, it has become quite ‘normal’ that the social contract entered into with the people routinely becomes history and conveniently violated with no respect or regard to the rule of law and the Constitution, embezzling Nation’s wealth by adopting varied kinds of fraudulent and utterly corrupt strategies to fulfill self-interests of the dishonest politicians. Gross violation of the Public Trust Doctrine 6. The Petitioner states that in the Republic of Sri Lanka, every person holding office in the Legislature and the Executive are fully comprehended with their constitutional obligations to the people. However, except for a handful of honest people others pay no respect to the rule of law. These individuals do not perform their public office held in trust for pubic good, which is only to be exercised reasonably and in good faith and upon and lawful and relevant grounds of public interest, according to rules of reasons and justice and not for their personal benefit. The Petitioner states that these individuals instead, perform the office according to their private opinions for their personal benefit, compelling the citizenry to experience tremendous hardships. Government’s anti-corruption drive 7. The Petitioner states that after being elected to office in August 2015, the new regime promised the citizenry to adopt a policy based on corrupt free administration. The Petitioner states that Executive President of Republic of Sri Lanka, attending the World Anti-Corruption Summit held in London on 12th May 2016 declared that his government was committed to combat all forms of corruption, an extract of which is reproduced below. ‘… Corruption is one of the factors that promote political violence and other forms of human rights abuses. Sri Lanka went through such a stage during the previous administration. The people reacted strongly against corruption by changing the corrupt administration by the power of the ballet in January 2015 at the Presidential election and again at the Parliamentary election in the August 2016…’ ‘…We were elected to office on the policy platform of democracy, good governance and rule of law.
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