The Supreme Court has granted an Assistant Superintendent of Customs leave to file amended papers of his fundamental rights petition, by including former Attorney General Mohan Peiris in his personal capacity as a respondent in a case filed to recover monies due to the Customs from a BOI company.
The petitioner in his application cited - Finance Ministry Secretary P.B. Jayasundara (1), Customs Directors Sarath Jayatilake (2) and Thilak Perera (3), Customs Director General Sudharma Karunarathna (4), Board of Investment (BOI) (5), Colombo Dockyard Ltd (CDL) (6), former AG- Mohan Peiris (7) and the AG (8) as respondents.
The petitioner stated that he received information that CDL, a BOI registered company, had sold 21 marine craft locally, sans permission from the BOI. This was a violation of BOI rules and cost the Customs Rs 619 million in duty. The petitioner said that while the Customs investigation was in progress, the CDL had deposited Rs. 94,015,050, which was applied against the final determination of the inquiry. He claims that the inquiry carried out by 3rd Respondent Thilak Perera in 2002, came to a standstill after two years.
He alleged that 2nd Respondent Sarath Jayatilake and 3rd Respondent Thilak Perera tried to terminate the inquiry under the Tax Amnesty Law, and also refund CDL’s deposit.The petitioner challenged the unlawful Tax Amnesty granted before the Court of Appeal, where the 2nd Respondent Sarath Jayatilake withdrew the Tax Amnesty granted following an undertaking given by 7th Respondent Mohan Peiris to conduct and continue the inquiry. In view of the undertaking, the petitioner withdrew his Application in the Court of Appeal.
The petitioner states that the purported move by Mohan Peiris, Sarath Jayathilake and the Inquiry Officer 3rd Respondent Thilak Perera, afforded the CDL adequate time to plan strategies to evade payment of fiscal levies.
The petitioner stated that, failure on the part of the 1st Respondent P.B. Jayasundara and 7th Respondent Mohan Peiris to act as guardians of the law, has denied and negated efforts of the Informant and the petitioner of their legitimate right to a reward, and thereby, their right to equality before the law, which violates their Fundamental Rights by Article 12(1).
The petitioner requests the court to direct 4th Respondent Sudharma Karunaratna to resume the inquiry and recover Rs 619 million due from CDL. |
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