Dr. P.B Jayasundara

In spite of the damning, Supreme Court judgement against the Secretary of the Finance Ministry, Dr. P.B Jayasundara who was ordered to pay Rs. 500,000, the highest ever compensation in a fundamental rights case after finding him guilty of having concealed facts to the Cabinet and being party to a massive corrupt deal, is comfortably ensconed in the highest public office in the Sri Lankan economy.

A senior Finance ministry official told The Sunday Times FT that Dr. Jayasundara is attending to his normal work as the Secretary of the Finance Ministry and Treasury although he had tendered his resignation letter. He has also presided over special official meetings convened to work out budget estimates and to discuss budget proposals for 2009.

Susantha Ratnayake

The official said this means Dr Jayasundara is most likely to continue in his position until the presentation of the 2009 budget in parliament on November 6, and probably after that. Earlier some government officials had hinted that President Mahinda Rajapaksa, the only authority to dismiss or appoint secretaries to ministries, may take action after the SAARC Summit and the President’s visit to Beijing. Under the Treasury Secretary’s signature, the National Budget Circular No. 139 was issued on July 24, 2008 (three days after the LMSL judgement) to all Secretaries to Ministries, Chief Secretaries of Provisional Councils and Heads of Departments and all ministers are required to guide their Ministries, Departments and other institutions accordingly. This circular is issued by the Treasury setting out directions and guidance on the formulation of Budget 2009.

The Ceylon Chamber of Commerce (CCC), when asked what action is being contemplated against its Deputy Vice Chairman Mr Susantha Ratnayake – also found guilty by the court, said it it is studying the Supreme Court decision,.

CCC Chairman Jayampathy Bandaranayake said the only letter the chamber has received on this issue was from Mr Nihal Sri Ameresekere and ‘apart from this we have received no petition or letters.’ He said action, if any, against members is an internal matter and will be in accordance with the governing codes of conduct applicable to the membership. “It will not be a matter for dissemination to the public,” he said in an email response to The Sunday Times FT.

Commenting on the government’s inaction against corrupt officials especially against Dr. Jayasundara, JVP MP Vijitha Herath told The Sunday Times FT that the government headed by President Mahinda Rajapakse is protecting rogues. He noted that stern action should also be taken against Ministers Karu Jayasooriya, Milinda Moragoda and former Minister K.N. Choksy who took the political decision and issued a directive to Dr Jayasundera. He said that the JVP is continuing its agitation to punish every individual involved in the corrupt deal. Mr Herath pointed out that the government is protecting Minister Mervyn Silva and Dr. Jayasundara alike. If there is one thing that is crystal clear about the Rajapaksa administration, is that it rewards wrongdoers and punishes the good people.

LMSL petitioner and Presidential Advisor Vasudeva Nanayakkara said there is still no response to letters sent by him to the Attorney General, IGP, the Chairman of the Bribery or Corruption Investigation Commission, and the Director General of the SEC urging them to take necessary action on the basis of the findings, according to the Supreme Court judgment. He said that these agencies should take action against those who were found guilty including Treasury Secretary Dr. P.B.Jayasundara and Chairman John Keells Susantha Ratnayake for misappropriation of public property.