CBK gets time till Jan. 25 in abuse of power case

The Supreme Court on Friday allowed former President Chandrika Kumaratunga time till January 25 to file objections to the petition filed by two retired public servants who challenged the alienation of State land at Battaramulla near the Parliamentary Complex, for a private golf club.

K. Kanag-Ishvara PC appearing for former President Kumaratunga had filed a motion in Court stating that the documents connected with the case had not been received, but told court that the documents had been received the day after the motion was filed. Court gave two weeks for former President Kumaratunga to file objections, and a week for the petitioners - two retired public servants - to file counter-objections, if any.

The petitoners, Sugathapala Medis and Raja Senanayake say that the land was acquired by the State for a ‘public purpose’ but that former President Kumaratunga gave this land - 136 acres in extent - to a private company in her capacity as Finance Minister and head of the Cabinet, which company in turn handed over the lease agreement to another company, Asia Pacific Golf Company, to construct a golf course and elitist club. They say that former President Kumaratunga abused her office as President, breached the trust reposed in her by the people by wrongfully alienating State property to private individuals, and that she misled her own Cabinet of Ministers and allowed a London based Sri Lankan businessman close to her and her family to profit from the transaction.

The petitioners have shown the nexus between former President Kumaratunga and the London based businessman. The Court also directed that notice be re-issued to the fifth respondent in the case, the London based Sri Lankan businessman Ronnie Peries to his address in Britain. Earlier notice had been issued on Mr. Peries to an address in Sri Lanka but had been returned stating ‘No such person in address.’

Court told lawyers for the petitioners that only notice need be issued to Mr. Ronnie Peiris in Britain and that Mr. Peiris could contact the Supreme Court Registry and collect the relevant documents, if he was interested in defending himself. Former President Kumaratunga, Mr. Ronnie Pieris, the Urban Development Authority (UDA), and 16 others have been named as respondents in this case.

The Bench comprised Chief Justice Sarath N Silva, Justice N.G.Amaratunga and Justice Jagath Balapataendi. Mr. J.C. Weliamuna together with Mr. Ranga Ratnayake instructed by Samararatna Associates appear for the petitioners while Mr. K.Kanag Ishwaran, PC appeared for the former Presidnet. The case will be taken up for argument on February 11.