Presidential
pardon for PA tax defaulter
By
Shanika Udawatte
In what is probably the first case of a presidential pardon for
a tax defaulter, President Chandrika Kumaratunga has written off
Rs. 950,000 from accumulated taxes that had to be paid by the former
PA chairman of the Jaela Pradeshiya Sabha.
The lucky recipient
of the presidential bonanza at public expense is Sanath Jayawardena,
now an ordinary member of the PS. Mr. Jayawardena had been ordered
by both the District Court and the Court of Appeal to pay an accumulated
tax amounting to Rs. 1 million, but the President has given an order
writing off as much as Rs. 950,000 and allowing him to pay the remaining
Rs. 50,000 in easy instalments running into three years.
The letter giving
the presidential pardon was sent to the Justice Ministry with copies
to the Interior Ministry, the Registrar of the Court of Appeal and
the Registrar of the District Court of Colombo.
The District
Court had ordered Mr. Jayawardena to pay the taxes in Rs. 75,000
monthly instalments. Thereafter he had gone to the Court of Appeal
which gave him a little relief by reducing the instalment to Rs.
40,000 a month.
The PA politician
then appealed to the President who gave the pardon on August 19.
The government reacted strongly with Minister Bandula Gunawardena
who is also deputy minister of finance, expressing concern about
what sort of example the head of state was setting to the country.
Presidential spokesman Harim Peiris said he was not aware of the
details of this particular case but he appeared to justify it saying
such pardons were generally given on humanitarian grounds.
An official
of the Inland Revenue Department said they believed that this could
be the first case where a person was pardoned by the President on
a tax related issue. An official of the Justice Ministry said the
pardon letter had been received from the President and would be
sent to courts. The President gave the pardon by virtue of powers
vested in her by Article 34(1)(a) of the Constitution.
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