Organised crime

MP CAR PERMIT ABUSE TO DEFRAUD TAX PAYERS MONEY

IN THE SUPREME COURT OF
THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA

In the matter of an application under and in terms of Article 126 of the Constitution of Republic of Sri Lanka

Nagananda Kodituwakku,
99, Subadrarama Road,
Nugegoda.
Petitioner

SC/FR/214/2016
Vs.

01. The Attorney General,
The Attorney General’s Department,
Colombo-12.

02. Ravi Karunanayake,
Minister of Finance,
General Secretariat,
Lotus Road,
Colombo-01.

03. Vajira Narampanawa
Secretary
Ministry of Parliamentary Reforms
464B, Pannipitiya Road
Palawatta
Battaramulla

04. The Attorney General,
The Attorney General’s Department,
Colombo-12.
Respondents


To: THE HONOURABLE CHIEF JUSTICE OF THE SUPREME COURT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF SRI LANKA

On this 19th October 2016

Whereas on the Motion dated 29th Aug 2016, requesting Your Lordship to relist the matter considering the matters referred to therein

And whereas Your Lordship has hitherto not taken a decision on the application made for the relisting of the matter and the case record has not been returned to the registry since then

And whereas, encouraged by this situation, dishonest MPs (list produced below) who hold office in the Legislature betraying the trust place in them by the people, have taken law into their hands with no respect whatsoever to the Rule of Law have openly abused the tax free privilege conferred on them to perform their respective office effectively

And whereas these dishonest MPs have patently abused the office of the MP for unjust enrichment with the permits sold to motor car importers who have imported high end luxury jeeps (all Luxury Land Cruiser Jeeps) absolutely defrauding the government’s tax revenue of Rs 33,459,250.00 per vehicle, whereas only Rs 1750.00 has been paid as levies to Customs

And whereas the new owners of these vehicles are not entitled to use this tax exemption privilege awarded under Section 3C of the Excise (Special Provision) Act No 8 of 1994 without paying the tax component exempted at the time of importation of the vehicles imported tax free, prior to effecting the respective transfers by the MPs

Name of the MP Current owner First reg Transfer Date

01. S Sridharan P R A Fernando 22-08-2016 22-08-2016
02. S Ghanamuttu Premadasa Jewellery Pvt Ltd 05-10-2016 05-10-2016
03. J A S K Jayakody A D A K Kavinda 29-08-2016 29-08-2016
04. S C Muthukumarana H M S Jayarathna 19-08-2016 19-08-2016
05. Chamal Rajapakse R P Amarasooriya 26-08-2016 03-10-2016
06. S Sivamohan S W I T Sandaruwan 05-09-2016 05-09-2016
07. A B D U Pathirana B A J C Abeyrathna 18-08-2016 18-08-2016
08. Janaka B Tennakoon Central Finance Co PLC 05-10-2016 05-10-2016
09. V N P Senanayake Alliance Trust Pvt Ltd 24-08-2016 24-08-2016
10. W L Aluvihare Maneesha Pvt Ltd 09-09-2016 09-09-2016
11. K S N Perera King Aqua Services Pvt Ltd 05-10-2016 05-10-2016
12. R C B Pathirana Finite Lanka Pvt Ltd 11-08-2016 11-08-2016
13. D T W W Dissanayake D G D I Silva 20-09-2016 20-09-2016
14. N Muthuhettigamage Colombo Logistics World Pvt Ltd 25-08-2016 25-08-2016
15. Sujeewa Senasinghe Ali Akbar Salehbhai 20-07-2016 20-07-2016
16. K W Wijesekara Peoples Lanka Mocro Credit Ltd 27-09-2016 27-09-2016
17. Mohan Lal Grero Lyceum International Pvt Ltd 15-08-2016 15-08-2016
18. P K Thewarapperuama Kotuwe Kade Pvt Ltd 22-09-2016 22-09-2016
19. H M P N De Silva W D A Hemantha 02-09-2016 02-09-2016
20. Imran Maharoof L U B Liyanage 09-08-2016 09-08-2016

And whereas this lawless situation in the Legislature and the Executive has forced the people to turn to the Judiciary seeking justice against the gross abuse of people’s sovereign rights by the dishonest MPs and Ministers

And whereas, Lord Denning has rightly remonstrated that ‘judges cannot afford to be timorous souls and they cannot remain impotent, incapable and sterile in the face of injustice’

And whereas the Judiciary, as the watchdog of the people, shall not permit itself or the other organs of the government, the Executive and the Legislature, to act arbitrarily but to act reasonably, in the public interest and strictly according to law

And whereas when the Legislature and Executive have effectively failed to discharge their respective Constitutional functions as required by law, giving rise to a near collapse of responsible representative governance, the Judiciary is required to speedily and effectively protect, vindicate and enforce the rights of the people (Article 105) which is the hallmark of the concept of democracy and constitutionalism

And whereas the collapse of fundamental norms, warrants many a drastic and unconventional step being taken by the judiciary to restore public confidence in the Judiciary as a symbol of hope for the people of Sri Lanka, augmenting its moral authority and reinforcing its credibility

The Petitioner therefore, with due respect and honour requests the Apex Court, the Supreme Court, to take strict measures as required by law, giving effect to protect, vindicate and enforce the People’s Judicial power, the Court exercises purely on trust, by re-listing the said Petition for support for leave to proceed before a fuller bench, considering the National Importance attached to this application filed purely in the public interest.

Nagananda Kodituwakku,
The Petitioner, the Public Interest Litigation Activist in Person

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