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Nagananda seeks SC intervention, bribery probe

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2019 presidential election:

By Shamindra Ferdinando

Attorney-at-law Nagananda Kodituwakku, in his capacity as General Secretary of Vinivida Peramuna, has moved the Supreme Court against the Commission to Investigate Allegations of Bribery or Corruption (CIABOC), current members of the CIABOC, former members of the Election Commission (EC), SLPP General Secretary Sagara Kariyawasam, MP, and Chamal Rajapaksa, MP against the EC’s failure to disqualify SLPP presidential candidate Gotabaya Rajapaksa on the basis that he had not renounced his US citizenship at the time the EC accepted nominations.

The application in this regard has been made under Article 140 of the Constitution considered with Section 24 of the CIABOC Act No 19 of 1994.

Kodituwakku has alleged that Gotabaya Rajapaksa’s nomination as the SLPP presidential candidate, was accepted whereas the EC rejected him though he renounced his British citizenship. Kodituwakku was to join the fray as the candidate of Okkoma Rajavaru Okkama Vasiyo, a registered political party though the party withdrew support at the last moment.

Public interest litigation activist Kodituwakku named former EC Chairman Mahinda Deshapriya, who is now the Chairman of the Delimitation Commission as the sixth respondent. The petitioner held Deshapriya accountable for the EC’s conduct in that regard.

The petitioner requested the appointment of a Special Bench in terms of Article 132 (3) (iii) to hear and determine his application, direct the CIABOC and /or members of the Commission, Eva Wanasundera, Deepali Wijesundera, Chandra Nimal Wakista (2,3 and 4 respondents, respectively) and its Director General Kanishka Wijerathna (5th respondent) to initiate a credible and independent inquiry into complaints made by the petitioner on the corruption charges levelled against the 6th respondent, as expeditiously as possible and direct the current CIABOC to instruct the 5th respondent to initiate criminal proceedings against the 6th respondent.

Kodituwakku stated that before the enactment of the 20th Amendment to the Constitution in Oct 2020, dual citizens had been disqualified from contesting the presidential election in terms of the Article 91(1) (d) (xiii) of the Constitution.

Kodituwakku, however acknowledged in his petition that the Secretary of Okkoma Rajavaru Okkama Vasiyo, blocked his candidature by withdrawing backing of his party at the last moment.  Kodituwakku has charged the said official in the Nugegoda Magistrate court over what he called a criminal breach of trust and the case is pending.

The law prohibits anyone other than a person nominated by a registered political party, a member of Parliament or a former member of the Parliament from contesting the presidential election.

Kodituwakku has referred to a sworn statement dated May 18, 2021 made available to him by former EC member Prof. Ratnajeevan Hoole (7th respondent) to confirm the discussion he had with the 6th respondent also on May 18, 2021.

The EC accepted Gotabaya Rajapaksa’s nomination after the Court of Appeal dismissed a high profile case in which two civil society activists asked the court to withdraw Rajapaksa’s citizenship, on the basis he renounced it in 2003 to become a citizen of the United States and regained it two years later in an irregular manner.

The three-judge panel on Friday unanimously rejected the case. The Court of Appeal declared that it had no merit.

In his petition, Kodituwakku made reference to a dispute between Deshapriya and Prof. Hoole over the SLPP presidential candidate’s credentials, the former getting in touch with what he called Gotabaya Rajapaksa’s camp and the academic being accused of being an LTTE sympathiser  by a section of the media.

According to the petition, the bone of contention is the failure on the part of the SLPP candidate to produce a certificate of renunciation of his US citizenship.

In the run-up to the presidential election, SLPP Chairman Prof. G.L. Peiris refuted accusations against the party candidate. Prof. Peiris explained the circumstances their candidate had renounced his US citizenship to pave the way for him to join the fray.



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Prime Minister joins Gandhi Jayanti Commemoration

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Prime Minister Dr. Harini Amarasuriya attended the Gandhi Jayanti commemoration held at Temple Trees on October 2nd to mark the 157th birth anniversary of Mahatma Gandhi, the pioneer of non-violence.
The commemoration was held under the patronage of the Prime Minister and the High Commissioner of India to Sri Lanka,  Santosh Jha. During the event, the Prime Minister and the Indian High Commissioner paid floral tributes to the statue of Mahatma Gandhi. The ceremony was organized to recall the message of peace, non-violence, and harmony that Mahatma Gandhi bestowed upon the world through his life and philosophy.
The High Commissioner of India to Sri Lanka,  Santosh Jha, Secretary to the Prime Minister, Pradeep Saputhanthri, along with state officials and officers from the Indian High Commission, were present at the occasion. Prime Minister’s Media Division

[Prime Minister’s Media Division]

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Unions resist tripartite EPF management plan

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… 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

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Galagoda Aththe Gnanasara

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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