(July 10, 2009) In Sri Lanka, weeks after the retirement of the former Chief Justice Sarath N. Silva, a series of legal measures are underway to amend the judgements delivered by him.
This time, powerful former Treasury Seecretary Dr. P. B. Jayasundara has filed a motion in the Supreme Court appealing the self-submitted affidavit stating he will not assume any post in the public service be revoked. He cites that the above mentioned affidavit is a impediment for him to proceed with the appeal of the President from him to assume the posts of the Secretary of the Treasury and the Ministry of Finance.
The motion is to be considered by a tri-party bench headed by the Chief Justice Asoka de Silva on July 14.
Jayasundara had to file the aforesaid affidavit in accordance with the judgement delivered by the Supreme Court regarding the transferring of shares of the Lanka Marine Services Ltd to John Keells Holdings Private Ltd.
The Supreme Court on July 21, 2008 ruled that the transaction in selling of 90% shares of Lanka Marine Services (Pvt) Ltd to John Keells Holdings Private Ltd and selling of valuable land at Bloemendhal without a valuation and cabinet approval was entered into without lawful authority and is illegal, unlawful and arbitrary.
The judgment delivered by the Chief Justice Sarath N. Silva with Justices N.G.Amartunga and Jagath Balapatabendi agreeing had held that the fundamental right to equality and equal protection of the law of the petitioner Vasudeva Nanayakkara who is Presidential Advisor was infringed.
The Court in his findings noted that in the said transaction, the John Keells Holdings Ltd had worked hand and glove with the former chairman of the PERC P. B. Jayasundera.
Vasudeva Nanayakkara in his public interest litigation cited 31 respondents including K.N. Choksy, former Minister of Finance, Karu Jayasuriya, former Minister of Power and Energy, Ranil Wickremesinghe, former Prime Minister Chandrika Bandaranaike Kumaratunga, former President of Sri Lanka, Milinda Moragoda, former Minister of Economic Reforms, Sripathy Sooriyarachchi, former Minister, Public Enterprise Reforms, Charitha Ratwatte, former Secretary to the Treasury, P.B. Jayasundera, Secretary to the Treasury and former Chairman, Public Enterprises Reform Commission (PERC), John Keells Holdings Ltd. its present Chairman Susantha Ratnayake and former chairman, V. Lintotawela.
The judgment delivered by the Chief Justice Sarath N. Silva with Justices N.G.Amartunga and Jagath Balapatabendi agreeing had held that the fundamental right to equality and equal protection of the law of the petitioner Vasudeva Nanayakkara who is Presidential Advisor was infringed.
The Court in his findings noted that in the said transaction, the John Keells Holdings Ltd had worked hand and glove with the former chairman of the PERC P. B. Jayasundera.
Vasudeva Nanayakkara in his public interest litigation cited 31 respondents including K.N. Choksy, former Minister of Finance, Karu Jayasuriya, former Minister of Power and Energy, Ranil Wickremesinghe, former Prime Minister Chandrika Bandaranaike Kumaratunga, former President of Sri Lanka, Milinda Moragoda, former Minister of Economic Reforms, Sripathy Sooriyarachchi, former Minister, Public Enterprise Reforms, Charitha Ratwatte, former Secretary to the Treasury, P.B. Jayasundera, Secretary to the Treasury and former Chairman, Public Enterprises Reform Commission (PERC), John Keells Holdings Ltd. its present Chairman Susantha Ratnayake and former chairman, V. Lintotawela.
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