‘Colombo Chief Magistrate has exposed double standards’

By Shamindra Ferdinando

Samagi Jana Balavegaya (SJB) lawmaker Mujibur Rahuman says the Attorney General’s Department hadn’t responded to his query pertaining to the withdrawal of indictments in a number of cases following the last presidential election in Nov. 2019, whereas the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) side-stepped the query by sending only numbers of the cases.

The former UNPer alleged that both the AG and the CIABOC hadn’t responded positively to his queries submitted to them in terms of the Right to Information (RTI) Act.

MP Rahuman made the appeal on 02 Nov, last year on behalf of the main Opposition party, SJB. A four-member parliamentary delegation consisting of Rahuman, J.C. Alawathuwala, Harshana Rajakaruna and Kavinda Jayawardana handed over the written appeal.

MP Rahuman submitted his application to the CIABOC on Nov 08, 2021.

Since then more cases had been withdrawn by the CIABOC, MP Rahuman pointed out, referring to the withdrawal of the case against Minister Johnston Fernando and 11 other cases. The SJB spokesman pointed out Colombo Chief Magistrate Buddhika C. Ragala on January 21 questioned the CIABOC over double standards in handling cases filed during the previous administration.

Chief Magistrate Ragala raised the issue when the Deputy Director General of the CIABOC informed him of their decision to withdraw 11 cases while continuing with a case filed against former Minister Kumara Welgama as the accused hadn’t requested in writing the case be dismissed.

The Chief Magistrate pointed out that there had been previous instances of the CIABOC withdrawing cases filed in his court in spite of accused not requesting for dismissal of cases.

MP Rahuman said that the government couldn’t turn a blind eye to the Colombo Chief Magistrate’s observation. “We believe the Bar Association should make its position clear on dismissal of dozens of cases,” MR Rahuman said, declaring his intention to raise the issue at hand in Parliament.

The former UNPer pointed out that the indictments that had been filed during the tenure of Jayantha Jayasuriya, PC, in his capacity as AG were withdrawn when he served as the Chief Justice.  Dappula de Livera, PC, succeeded Jayasuriya in late April 2019. Sanjay Rajaratnam, PC, succeeded de Livera in May, 2021.

The Bill entitled ‘Right to Information’ was passed with amendments in Parliament during the previous administration.

Responding to another query, MP Rahuman said that the SJB sought (i) the number of indictments withdrawn after the last presidential election (ii) specific cases (iii) case numbers of the indictments and (iv) on what dates have the indictments and/or court proceedings filed by the AG and CIABOC after the last presidential election been withdrawn?

MP Rahuman said that the SJB requested an opportunity to examine relevant work, documents, records and take down notes, extracts or certified copies of documents or records and take certified samples of material.

Although the public knew of the cases withdrawn over the past two years, the SJB would use RTI to compel the AG and the CIABOC to explain the circumstances, he said.

“We would like to know how the AG and CIABOC decided on high profile cases,” MP Rahuman said adding that those institutions couldn’t ignore their concerns.

The SJB spokesman said that the CIABOC owed an explanation as to how the decision to drop all charges against former lawmaker and Foreign Ministry Monitoring MP Sajin Vass Gunawardena pertaining to the Mihin Lanka case was arrived at. That particular case dealt with misappropriation of public funds amounting to Rs 883 mn, the lawmaker said, while referring to the subsequent dismissal of cases involving one-time Eastern Province Chief Minister Sivanesathurai Chandrakanthan alias Pilleyan, Johnston Fernando, Rohitha Abeygunawardena, Basil Rajapaksa, Mahindananda Aluthgamage, Janaka Bandara Tennakoon and former Chief Justice Mohan Peiris. The former CJ now serves as Sri Lanka’s top representative in New York.

Those who propagated the ‘One Country, One Law’ concept as part of SLPP’s overall political strategy should first of all ensure the implementation of existing laws. The government shouldn’t under any circumstance circumvent the law for the benefit of its members, the MP said, pointing out that so many indictments filed against influential persons hadn’t been withdrawn in such a short period ever before.

The SJB MP said that they were in the process of gathering information pertaining to judicial matters though the CIABOC and the AG obviously didn’t want to help. “Once we obtain the official position as regards sensationally dismissed cases, the public can be briefed,” then the genuine Opposition in Parliament, the civil society and the media could pursue the matter, MP Rahuman said.