Issuance of luxury car-permits to MPs: SC declines leave to proceed with FR

Saturday, 13 August 2016 00:01 - - {{hitsCtrl.values.hits}}

By S.S. Selvanayagam

The Supreme Court yesterday refused to grant leave to proceed with the petition challenging the issuance of car permits to Parliamentarians.

The Bench comprising Justices Sisira J. De Abrew, Priyantha Jayawardane and Nalin Perera refused to grant leave as there is no legal basis to grant leave.

A public interest litigation activist filed a Fundamental Rights petition challenging the issuance of car permits to all Parliamentarians to import expensive luxury vehicles

Petitioner Nagananda Kodituwakku filed this application relating to the matters involved administrative and/or executive decision taken by the Executive President Maithripala Sirisena’s administration.

He cited Finance Minister Ravi Karunanayake, Secretary of the Ministry of Parliamentary Affairs Vajira Narampanawa and the Attorney General himself and also named him for the President who is, he claims, responsible and answerable to the actions and/or inactions of the Finance Minister.

Petitioner appeared for himself. Additional Solicitor General Sanjay Rajaratnam appeared for the State and the Attorney General. Petitioner contended the adoption of such a self-serving decision amounts to a clear violation of the Financial Management (Responsibility) Act of 2003 and the Directive Principles of State Policy and demonstrates the failure of the President to uphold the Constitution and the law and his alleged ignorance of the responsibility of the office of the Executive President.

He maintained the first three Respondents are fully aware that the tax-free permit schemes are fundamentally wrong and go against the principles of responsible fiscal management as enacted by the Parliament as it allows the fraudster elements to embezzle billions of Government revenue.

He charged the conduct of the President concerning the re-launching of impugned tax-free permit schemes clearly suggests his willingness to follow the very same adverse fiscal policy adopted by the previous regime.

He lamented the President and the MPs ruthlessly abuse their respective offices for their private benefit and there is an unavoidable national duty vested in the Judiciary to take cognisance of these financial crimes and deal with wrongdoers.

He sought an Interim Order from the Court to direct the Attorney General named for the President to stay the operations of the tax exemption granted to the MPs to import luxury vehicles until the final determination of the petition.

He sought a declaration from the Court that the Respondents have violated the fundamental rights of the Petitioners and other citizens to the right to equality and the right that no citizen shall be discriminated.

He asked the Court to direct the Registrar of Motor Vehicles to register a special condition in the vehicle registration certificate stipulating a restriction on the disposal of vehicles imported under the tax-free permits for MPs without obtaining prior approval of the Commissioner of Excise and pay the Excise duty.