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Ranil named first respondent in FR case filed against ex-Cabinet, Monetary Board
Revelations by Sabry, Nandalal cited; CIABOC asked to investigate
Prime Minister Ranil Wickremesinghe has been named the first responded in a fundamental rights case filed by Dr. Athula Kumara Samarakoon of the Open University, Sri Lanka, Soosaiappu Neavis Morais and Dr. Mahim Mendis, in connection with the wrong policies which led to the current economic meltdown.The application filed in terms of the Articles 17 and 126 of the Constitution named the entire Cabinet of Ministers, including former PM Mahinda Rajapaksa and Basil Rajapaksa and Ali Sabry, PC. Among others named are former presidential secretary Dr. P.B. Jayasundera, ex-CBSL Governors, Prof. W.D. Lakshman and Ajith Nivard Cabraal and ex-Treasury Secretary S.R. Attygalle.
Members of the CIABOC (Commission to Investigate Allegations of Bribery or Corruption), too, have been made respondents; the petitioners have in a letter, asked the CIABOC members to investigate the mismanagement of the economy by former members of the Monetary in violation of Section 70 of the Bribery Act as well as lawmakers Mahinda Rajapaksa and Basil Rajapaksa.The petition cited the controversial decision taken to reduce a range of taxes in terms of SLPP presidential election candidate Gotabaya Rajapaksa’s manifesto titled, ‘Vistas of Prosperity’ as one of the major causes of the current crisis.
The petitioners have stated that as at April 2022, the price of essential goods had increased from the previous year as follows: (a) The price of Petrol increased by 85%;, (b) The price of Diesel increased by 69%;, (c) The price of a cylinder of Liquid Petroleum Gas increased by 84%;, (d) The price of turmeric increased by 443%;, (e) The price of bread increased by 433%;, (f) The price of rice increased by 93%; and (g) The price of dhal had increased by 171%
The petitioners have adduced incumbent CBSL Governor Dr. Nandalal Weerasinghe’s statement before the Committee on Public Enterprises (COPE) on 25 May in support of their argument. Dr. Weerasinghe was quoted as having told COPE that the government lacked foreign currency reserves to pay its foreign debt or buy essential imports, and the assistance of the International Monetary Fund and foreign nations was required.
Petitioners have also quoted statements made by ex-Finance Minister Sabry to underscore the crisis created by what they call the wrong policies of the then government. They cited President Rajapaksa’s unilateral decision to prohibit the use of chemical fertilizer and agrochemicals as another reason for the crisis.Issues such as the government using foreign reserves to prevent the depreciation of the rupee have also been raised by the petitioners. Statements made by Dr. Ranee Jayamaha and Sanjeeva Jayawardena PC, two appointed members of the Monetary Board, before the COPE were also cited in support of the petition. They were quoted as having said that they received instructions to use dollar reserves to hold the rupee as Rs. 203 in spite of their strong objections (SF)
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Unions resist tripartite EPF management plan
… warn of dire consequences
A group of trade unions and civil society groups has requested President Anura Kumara Dissanayake to abandon his government’s controversial plan for the proposed tripartite management of the EPF.
The group has told the President: “We strongly object to the government’s plan to transfer the EPF to a tripartite board—jointly promoted by the Employers’ Federation of Ceylon (EFC), International Monetary Fund (IMF) and the International Labour Organisation (ILO)—and to increase the investments of those funds within private equity and debt markets.
“While the EFC and the government jointly project this plan as a ‘modern governance framework’, it poses a serious threat to the EPF’s financial stability, fiduciary conduct, and returns to workers’ life savings, with severe consequences for broader macroeconomic stability. Rather than replacing the corruption existing in the public sector, this tripartite framework paves the way for a corporate takeover of the EPF. Through this, the fund is exposed to unlawful business practices such as insider trading using internal information of EPF investments, conflicts of interest and corporate bailouts of unstable private companies.
“Sri Lanka’s corporate sector has a tremendously negative track record, which you alluded to during your victorious election campaign in 2024. This was recently unravelled by the multi-billion-dollar illicit capital flight through trade misinvoicing, which your administration is now actively working to curb in the imports sector.
“The recent banking sector fraud exceeds Rs. 13 billion; widespread corporate tax evasion destabilised the fiscal position (Sri Lanka Auditor General’s Department Annual Reports) and consequently inflated the tax burden on the general public. The EFC has found it convenient to remain silent about these crimes, possibly assuming that their silence would preserve their social standing. Considering this inherent corruption within Sri Lanka’s corporate sector and its disregard to the living standards of the general public, there is no realistic basis to integrate corporate interests to actively manage the EPF. The corporate sector of Sri Lanka has not developed sufficiently on technical and ethical grounds to safely entrust the largest retirement savings pool in the country. The EPF is a captive fund that has no mechanism for the owners to divest if the management is corrupt. This further increases the possibility of corporate fraud when the management of the fund is jointly held with the corporate sector.
“Furthermore, during the recent public discussion with trade unions, Deputy Minister of Finance Dr. Anila Jayantha pointed out that the domestic debt restructuring (DDR) would inflict a loss of Rs. 600 billion to the EPF. Our independent calculations—formally submitted as an affidavit to the Supreme Court approved by the Federation of University Teachers’ Associations in 2024—reveal that nominal loss alone is Rs. 634.4 billion. When factoring in foreclosed reinvestment returns, the true loss skyrockets to Rs. 1,711 billion, wiping out 48% of the fund’s projected gross income for the 2023 – 2028 period. Under the pretext of safeguarding the banking system, this colossal robbery preserved high yields on government bonds held by commercial banks and high-net-worth individuals, subsequently reaping them astronomical profits. Now, the exact same plunder is rearing its head again disguised as a tripartite committee.”
“The main arguments supporting our resistance and viable alternatives for optimising EPF management directly under the Central Bank of Sri Lanka (CBSL), are outlined below.
“Objections to the government’s tripartite proposal:
1. The “International best practice and conflict of interest fallacies”
The government holds that tripartite management of pension funds is the “international best practice” and that there is a “conflict of interest” in CBSL managing the EPF. They are key pillars justifying government’s tripartite proposal.
These two positions are shockingly misleading given that four of the five largest pension funds in the world, in Norway, Japan, the U.S., and Singapore, are managed directly by state bodies or central banks. Therefore, ‘international best practice’ in pension fund management is the exact opposite of what the government and the IMF are proposing. We hence reject these baseless positions.
2. Corporate captivity and bailouts
It is clear that the EFC is desperately pushing for this proposal at a time of global uncertainty, to cushion the effects of the crisis and maximise gains. Under corporate influence within the proposed tripartite board, the private conglomerates can use the multi-trillion-rupee EPF to continue their unstable commercial operations without having to risk their own capital or savings to do so. This will severely erode the financial stability of the EPF and its returns.
3. Risk of front running
“Because the EPF is a colossal fund, its investment decisions can alter asset prices. This creates immense monetary value for the information generated by its investment decisions. Corporate representatives on the proposed tripartite board will be perfectly positioned to use this information to trade ahead of the EPF (front-running), buying assets cheaply and dumping them onto the EPF at inflated prices for guaranteed corporate gain, resulting in a reduction of returns to the EPF.
4. Unavoidable loopholes
“Presence of a separate group of investment analysts, trade union representatives and government officials within the proposed tripartite structure cannot prevent pre-market corporate access to EPF’s investment decisions. Investment proposals made by the analysts has to be first approved by the proposed tripartite committee, making it impossible to prevent corporate access to insider information on EPF investments.”
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Two arrest warrants issued for Gnanasara thera
The Colombo High Court and Court of Appeal yesterday issued arrest warrants for the Bodu Bala Sena general secretary Galagoda Aththe Gnanasara in a case involving an alleged statement insulting Islam.
The arrest warrants were issued on Tuesday and Wednesday. The Court of Appeal issued an open warrant two weeks after the court rescinded the presidential pardon granted to the thera when he was serving a six-year term for contempt of court.
The Appeals Court also imposed a travel ban on the monk and ordered that the Controller General of Immigration and Emigration be informed of the restriction.
The case was taken up before Colombo High Court Judge Buddhika C. Ragala. Gnanasara Thera was not present when the case was called.
A medical report was submitted stating that Thera was unwell, while his sureties also failed to appear before court. His counsel, Asoka Weerasuriya, told court that his client wished to bring the case to an early conclusion and that representations had been made to the Attorney General in that regard.
However, after considering the submissions, the High Court judge said he was not satisfied with the medical report submitted on behalf of the accused. The court also noted the failure of the sureties to appear.
The judge subsequently ordered that Gnanasara Thera be arrested and produced before court.The Attorney General filed the case under provisions of the Penal Code, alleging that remarks made by Gnanasara Thera concerning the Holy Quran amounted to an insult to Islam.
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