PB issued notice

Dr. P.B. Jayasundara should personally clarify to the Supreme Court whether he is still holding an executive or supervisory position in a state institution, Chief Justice, Sarath N. Silva said today (Sept. 29th).

The CJ was taking up a petition filed by Presidential Advisor, Vasudeva Nanayakkara, which cited that his fundamental rights have been violated by the transfer of an eight-acre land belonging to Sri Lanka Ports Authority to John Keels Holdings during the tenure of Dr. Jayasundara as Chairman of Public Enterprise Reform Commission.

Issuing notice, the bench headed by the CJ directed Dr. Jayasundara to appear before courts on October 08th.

Earlier, the SC found the former PERC Chairman guilty of having misused public property.

Citing that the CID has failed to take action despite the court ruling, a motion has been filed in court.

In accordance with a court directive issued when the case was took up last, IGP Jayantha Wickremaratne and DIG of the CID, Sisira Mendis appeared before court today.

Appearing on behalf of the petitioners, Vasudeva Nanayakkara and Nihal Sri Amerasekere, counsel Sumanthiran said that his clients had refused to give a statement to the CID.

At this point, the CJ questioned whether the CID has obtained a statement from a single person over the matter even after Dr. Jayasundara was found guilty by the highest court of the country.

Questioning the need to obtain statements from the petitioners, the CJ said that the petition has been filed on behalf of the public and the police should have studied the documents pertaining to the court ruling.

Noting that misusing public property is an offence under criminal law, the CJ added that legal measures can be sought against any offender.

Reprimanding the police for failing to take any action, he further said that the DIG of the CID, who is being paid by the public’s money, should resign.

He further questioned what steps the Bribery Commission has taken against this person who was proven guilty of having misused public property.

Additional Solicitor General, U.A. Wijetillake said that the Bribery Commission is to submit a report to Parliament after conducting an investigation.

“The SC is the highest legal institution in the land. Retired judges in the Bribery Commission think that this is the English Privy Council. It seems to us that they have done nothing on the matter. It is regretful. Are you appearing for Dr. Jayasundara?,” he asked.

The CJ also noted that the police having failed to act in accordance with a court ruling would have to be taken as a mark of contempt of court.

Upon being questioning whether Dr. P.B. Jayasundara is currently holding any position in the state, counsel Sumanthiran said that he is Chairman of SriLankan Airlines, Director General of Securities and Exchange Commission and has recently been appointed a presidential advisor.

The CJ observed that Dr. Jayasundara, who had violated the oath of office that they would uphold the Constitution, should not hold public office.

Dr. Jayasundara should not only have been suspended but also charged under criminal law, he added.