SC grants leave to proceed against Excise Superintendent’s transfer order to vulnerable Trinco

By S.S Selvanayagam

 The Supreme Court on Friday granted leave to proceed with the rights violation petition of an Excise Superintendent for alleged infringement of his fundamental rights to equality and equal protection of the law.

The Bench comprising Justices K. Sripavan, R.K.S Suresh Chandra and Sathya Hettige also issued Interim Order suspending impugned transfer order of the aggrieved Petitioner Nadarajah Sushantharan to Trincomalee. The Court fixed the matter to be argued on 11 July.

The Petitioner bemoans he is transferred to Trincomalee on the purported baseless complaints subjecting him and his family to vulnerability.

The Bench comprising Justices K. Sripavan and S.I Imam made this stay order sequent to the fundamental rights petition filed by aggrieved Excise Superintendent Nadarajah Sushatharan.

Petitioner cited Commissioner General of Excise G.G.M.V Hapuarchchi, Commissioner of Excise P.W Rajapakshe, Assistant Commissioner of Excise (Eastern Province) D.S Wasanthasiri, members of the Public Service Commission and the Attorney General as Respondents.

Sanjeeva Jayawardane with Kamran Aziz and Lakmini Varusawithana instructed by G.G Arulpragasam appeared for the Petitioner. Deputy Solicitor General Viraj Dayaratne with Senior State Counsel Viveka Siriwardane de Silva appeared for the Attorney General.

Petitioner claims pursuant to being appointed as a Superintendent of Excise, he was instrumental in detecting large amounts of cannabis and illicit liquor in the District of Batticaloa and it was, in fact, his tireless efforts that contributed towards the maintaining of law and order in the said area during the period of 2009 to 2010.

He also claims he was directly responsible for 12 such detections, from which he has generated revenue of Rs. 5,600,000 to the Excise Department.

Narrating the series of events that led to his victimisation, he states Deputy Commissioner General of Excise Wasantha Dissanayake indicated to him that he had already inspected the Public Service Club of Batticaloa and that there is no breach of license conditions formally intimating complaints.

He states on 06.01.2012, he came to Colombo and met Commissioner General of Excise where he was informed that Parliamentarian Laxman Perera who had at one time owned a liquor manufacturing facility in Batticaloa, which was thereafter taken over by his brother Nalin Perera, has apparently made a complaint against the Petitioner.

He also states the Commissioner General of Excise suggested to him to meet Laxman Perera and resolve his issues with him. Petitioner states he declined to carry out the said request.

Petitioner was informed by letter dated 26.01.2012 that he was transferred to Trincomalee work station of Excise Department with immediate effect.

Recounting a purported warning letter dated 23.11.2011 which he claims he did not receive; he states it was apparently in relation to a former incident in the years 2009/2010, where under compelling circumstances, he made a statement to a national newspaper in respect of certain death threats allegedly made by Eastern Province Chief Minister Sivanesathurai Chandrakanthan alias Pillaiyan.

He went on that from the time, Batticaloa was infiltrated by the LTTE, there was an established practice in which tavern owners charged an excess of Rs. 20 on the list price of each bottle of alcohol from consumers, which was thereafter collected by the LTTE.

He brought to the attention that despite the fact that Sri Lankan Army gained control over the areas concerned, Pillaiyan sought to continue the said illegal and unlawful practice. Petitioner states he was instructed by then Deputy Inspector General of Police Edison Gunathilake for the District to curtail all such illegal activities and strictly apply the law in the area coming under his purview.

 He added that as a result, Pillaiyan was hostile towards him and in a subsequent meeting with tavern owners had directly indicted that the petitioner is obstructing his activities and publicly threatened to take the petitioners life.

 Other complainant who has contrived to make constant complaints against him is one Dharmalingam who is supplier of unaccounted liquor, and the Petitioner had imposed heavy fines on the said Dharmalingam.

Petitioner laments the purported complaints against him are baseless and grossly unjustified and ex facie tainted with palpable mala fides and devoid of the remotest justification or warrant.

He points out the purported decision to transfer him had not obtained the sanction of the Public Service Commission and pleads that he is willing to be transferred to any other work office in the country apart from Trincomalee.