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Govt. can prove its sincerity by abolishing MPs’ duty free vehicle permits – Nagananda
Financial crisis
By Shamindra Ferdinando
Colombo District SLPP (Sri Lanka Podujana Peramuna) MP Madura Vithana yesterday (19) said that he wouldn’t take the duty free vehicle permit he was entitled to.
The former Kotte Mayor said that he had informed the relevant ministry of his decision. The newly elected member said so when The Island asked him whether he intended to honour his promise to President Gotabaya Rajapaksa not to utilise the permit. Vithana polled 70,205 preference votes in the Colombo district. The SLPPer admitted that it wouldn’t be fair on their part to receive such privilege as the country was struggling on the economic front.
Attorney-at-law Nagananda Kodituwakku asked whether members of parliament were entitled to such generous grants. Kodituwakku told The Island yesterday (19) that it would be a massive challenge for the new government to scrap the duty-free vehicle permit scheme.
The 9th parliament meets today (20) at 9.30 am.
Acknowledging that the SLPP’s 2019 presidential poll manifesto titled ‘Vistas for Prosperity and Splendour’ dealt with the issue, the public litigation activist pointed out that the economy was in such a perilous state that the government couldn’t under any circumstance provide duty free facility to members of parliament now.
In a section titled ‘An efficient governance mechanism,’ the SLPP assured in Oct 2019 in the run-up to the presidential poll that the procurement of vehicles for the public sector (including Ministers) and purchase of multi-faceted office facilities would be suspended for a period of 3 years. In addition, the renting of such facilities would also be stopped for a period of three years.
Kodituwakku pointed out that the assurance was given months before corona epidemic ruined the national economy. Responding to another query, Koditiwakku asked how the government could provide that having restricted imports due to deepening foreign reserve crisis
Having gradually increased the duty free facility, those who represented the last parliament received tax exemption as much as Rs 33 mn in the import of luxury vehicles and the privilege to sell it.
Kodituwakku said that members of all political parties sold the vehicles on the same day they were registered under their names.
The former Customs officer alleged that lawmakers deprived the country revenue to the tune of billions of rupees by selling their duty free vehicles to those who could afford to import expensive vehicles through proper channels. In terms of the relevant laws, duty free imports couldn’t be sold to another party unless the importer settled government dues, Kodituwakku said.
According to Kodituwakku, the Right to Information (RTI) Law enacted by the previous government gave him an opportunity to expose the massive scam perpetrated by members of parliament.
When the then Customs Chief declined to furnish the required information pertaining to the importation and the transferring of vehicles, Kodituwakkku moved the Supreme Court, successfully. “The Customs provided me everything I asked for after the Attorney General assured the Supreme Court information would be provided in terms of the RTI Law.”
Kodituwakku acknowledged that he hadn’t been successful in moving the Supreme Court against those who had sold their duty free vehicles contrary to the laws.
Top SLPP leadership would definitely come under pressure to issue duty free permits regardless of the much advertised promise to do away with duty free facility, Kodituwakku said.
The SLPP won 145 seats out of 225 in parliament whereas the breakaway UNP faction obtained 54 seats.
Kodituwakku said that the parliament was responsible for financial discipline and enactment of laws. Instead, the parliament as an institution allowed deterioration of financial discipline to such an extent the system was abused to reimburse expenses incurred by candidates regardless of the party they represented, the attorney-at-law said.
Part of the campaigning costs was covered by raising funds by selling the duty free vehicle, Kodituwakku said.
He said that the people would stop exercising their franchise if they really knew what was going on both in and out of parliament.
Kodituwakku questioned whether the top political leadership had the courage to abolish the duty free scheme or at least suspend it until the country recovered from the worst ever financial crisis faced in post-independence period. The interim government obtained USD 400 mn from India, then requested New Delhi to re-schedule Sri Lanka’s debt and sought an additional USD 1.1 bn loan facility, Kodituwakku pointed out. The parliament should set an example now as the country faced daunting challenge in reviving the economy.
Kodituwakku alleged that during the previous administration some of those National List members who had been appointed originally resigned to pave the way for newcomers to obtain the duty free facility. There were at least three such cases between 2015 and 2020, the outspoken lawyer pointed out, challenging the new parliament/govt to do away with such bad old practices.
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PCoI on Easter Sunday attacks:
By Shamindra Ferdinando
Attorney General Dappula de Livera, PC is not bound by recommendations made by the Presidential Commission of Inquiry (P CoI) into the 2019 Easter Sunday carnage, or presidential directives in that regard, according to authoritative sources.
They said that the AG couldn’t under any circumstances initiate legal proceedings until he had received the full PCoI report.
President Gotabaya Rajapaksa received the PCoI report on Feb 1. The President’s Office delivered a set of PCoI reports to Speaker Mahinda Yapa Abeywardena on Feb 23, a day after the report was presented to the cabinet of ministers. The Island raised the matter with relevant authorities in the wake of a section of the media reporting the PCoI recommending punitive measures against former President Maithripala Sirisena, Defence Secretary Hemasiri Fernando, IGP Pujitha Jayasundera, Chief of State Intelligence Senior DIG Nilantha Jayawardena, Chief of National Intelligence retired DIG Sisira Mendis and All Ceylon Makkal Congress (ACMC) leader and Samagi Jana Balavegaya MP Rishad Bathiudeen et al over the Easter Sunday carnage.
Sources pointed out that due to the inordinate delay in sharing the PCoI report with the AG, the department hadn’t been able to take preliminary measures required to initiate the proceedings. Sources said that a team of officers would take at least six weeks or more to examine the report before tangible measures could be taken.
With the AG scheduled to retire on May 24, 2021, even if the AG Department received the P CoI it would be quite a tough task to initiate proceedings ahead of retirement, sources said. However, in terms of the 20th Amendment to the Constitution enacted in last October, both the AG and the IGP could receive extensions beyond 60 at the President’s discretion.
Dappula de Livera received an Acting appointment as the AG a week after the Easter Sunday carnage whereas his predecessor Jayantha Jayasuriya, PC, was elevated to Chief Justice.
Responding to another query, sources said that the Attorney General two weeks ago requested Secretary to the President for a copy of the P CoI. However, the AG was yet to receive one, sources said. In spite of the AG not receiving a P CoI copy, the AG had instructed the IGP to obtain a copy of the report when he requested the police to complete investigations into the Easter Sunday carnage. The AG issued specific instructions after having examined police files pertaining to the investigations.
The IGP, too, hadn’t received a copy so far though some sections of the report were in the public domain.
Agriculture Minister Mahindananda Aluthgamage displayed at a live political programme on Derana a copy of the P CoI report he received at the cabinet meeting earlier in the day.
Sources said that the Attorney General’s Department couldn’t decide on a course of action in respect of the Easter carnage on the basis of a section of the report. In terms of the Commission of Inquiry Act (Section 24), the AG enjoyed significant powers/authority in respect of investigations; sources said adding that the Department urgently required both the P CoI report and police investigations report. The Attorney General’s Department has raised the delay in receiving a P CoI report amidst the Catholic Church attacking the government over the same issue.
Sources said that ministerial committee appointed to study the P CoI report couldn’t decide on how to proceed with the recommendations and the matter was entirely in the hands of the AG. Sources pointed out that the delay on the part of the government to release the report had received the attention of sections of the international media, including the New York Times. Public Security Minister retired Rear Admiral Sarath Weerasekera having met Malcolm Cardinal Ranjith at the Bishop’s House on Dec 8, 2020 said that the AG would get a copy of the P CoI report once the President received it. Minister Weerasekera said that the CID had handed over the relevant files after having completed investigations into eight blasts. Referring to the Parliamentary Select Committee (PSC) report on the Easter Sunday carnage, the former Navy Chief of Staff said that all such documents would have to be brought to one place and considered before initiating legal proceedings. Acknowledging that there could be delays, lawmaker Weerasekera said that on the instructions of the Attorney General a 12-member team of lawyers was working on the case. The minister vowed to expose the mastermind behind the Easter Sunday attacks. Investigations continued while some of those wanted were overseas, the minister said.
The minister acknowledged that the Attorney General couldn’t proceed without the P CoI report. Minister Weerasekera reiterated that once the President received the P CoI report, it would be sent to the Attorney General. The minister said that there were documents two to three feet high that needed scrutiny. The minister assured comprehensive investigation. The minister said that investigations pertaining to eight blasts had been completed and the reports handed over to the AG. However, the Attorney General had found shortcomings in those investigations.
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By Saman Indrajith
The Presidential Commission of Inquiry on the Easter Sunday bombings had failed to identify the mastermind of , the JVP said yesterday.
Addressing the media at the party headquarters in Pelawatte, JVP Propaganda Secretary MP Vijitha Herath said that the PCoI report had levelled accusations against former President Maithripala Sirisena, former IGP and head of intelligence for their dereliction of duty, shirking of responsibilities and not taking action to prevent the attacks and negligence. There were reference to the causes of the terror attacks and actions to be taken to avoid such attacks and the influence of extremist organisations. “However, there is no mention of the mastermind of the attacks, the handlers of the attackers and those whose interests the carnage served. It is also not mentioned whether there has been any foreign or local organisation behind those attacks. As per the PCoI report the attack took place as a result of culmination of extremism.
“According to the PCoI the extremist activities were a result of the prevailing political situation then. The entire nation was waiting to see who was responsible and who masterminded those attacks. The PCoI has failed to identify the true culprits responsible for the terror attacks. The report says that the leader of the suicide cadres killed himself in the attacks and it was a puzzle. That means those who are actually responsible for the attacks are still at large. The report does not provide exact details of the sources of the attacks. The PCoI had sittings for one year and five months. It summoned various persons and got their statements but it has failed to shed any light on the terror attacks. Everybody knows that the top leaders of the government and heads of security and intelligence establishments failed in their duties. Ranil Wickremesinghe was the second in command and he too is bound by the responsibility but the PCoI report fails to identify him as one of the persons against whom legal action should be instituted. The PCoI has treated Wickremesinghe and former President Maithripala Sirisena differently. We are not telling that this report is a total failure but we cannot accept this as a complete report. The PCoI handed over its report to the President on Feb 1. After 23 days it was sent to Parliament. Now, a copy of the report is there in the parliamentary library for the perusal of MPs.”
Herath said that the PCoI did not have powers to take punitive action. “It only has powers to name those responsible and recommend action to be taken against those named.
