By Ranjith Padmasiri   The Court of Appeal, on March 6 (this Thursday), dismissed an appeal filed by the Institute of Chartered Accountants (ICASL) against a 2022 decision of the Right to Information Commission (RTIC) directing the Institute to disclose information to a complainant alleging fraud and misappropriation of Rs 20.7 million. The complainant had filed [...]

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Appeal Court affirms decision of RTIC against Institute of Chartered Accountants (ICASL)

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By Ranjith Padmasiri  

The Court of Appeal, on March 6 (this Thursday), dismissed an appeal filed by the Institute of Chartered Accountants (ICASL) against a 2022 decision of the Right to Information Commission (RTIC) directing the Institute to disclose information to a complainant alleging fraud and misappropriation of Rs 20.7 million.

The complainant had filed an appeal to the RTIC following the ICASL refusing to release the information on ‘personal grounds. The RTIC had directed the ICASL to disclose who the members of the ethics committee investigating the complaint were and whether they had adhered to mandatory rules of the institution relating to disciplinary inquiries. The ICASL had then challenged this decision in the appeal court.

Justice M.C.B.S. Morais (with Justice R Gurusinge agreeing) noted that there was no basis to ‘disagree with the determination of the Commission’ and there was no merit in the appeal filed by ICASL. The ICASL is required to ‘maintain transparency as ‘it is the right of each and every individual to know about the adjudicating body that would be dealing with their complaints.’

The Court further noted that the information in issue was ‘essential’ for the complainant to exercise his right to a fair hearing and ‘crucial for maintaining accountability and trust in the system.’ Disclosing the names of the ethics committee would not violate their ‘rights and privileges’ and releasing the information would have no ’adverse impact’ to ICASL’s functioning, it was ruled.

RTIC Chair resigns with ‘immediate effect’

Justice of the Supreme Court (Rtd) Upaly Abeyratne has resigned with immediate effect from the Right to Information (RTI) Commission of Sri Lanka through a communication addressed to President Anura Kumara Dissanayake on Wednesday March 4.

Under Section 12 (1) of the Right to Information Act (RTI Act), the RTI Commission shall consist of four Commissioners and a Chair appointed by the President upon the recommendation of the Constitutional Council. The Council shall recommend one Commissioner as a nominee of the Bar Association of Sri Lanka (BASL) and two Commissioners as nominees respectively of ‘organisations of publishers, editors and media persons’ and ‘civil society organisations.’ The remaining two appointments by the President are on the general recommendation of the Council.

The quorum for the meetings of the RTI Commission is three with the President nominating the Chairperson. The Commissioners have fixed tenure for five years subject to resignation or removal by the President on the recommendation of the Council on specified grounds.

Currently the RTI Commission consists of Attorney-at-Law Ms Kishali Pinto-Jayawardena (nominee of the Bar Association of Sri Lanka), Attorney-at-Law Mr Jagath Liyanarachchi (nominee of civil society organisations) and former public servant and Vice Principal, Zahira College, Mr A.M. Nahiya.

RTIC: Former Media Minister recalls beginnings, bemoans imminent end

Excerpt from the Speech made in Parliament by former Minister of Media, Gayantha Karunatilleke during the budget votes on the Ministry of Health and Media on March 6 on the Right to Information (RTI) Commission being severely deprived of human resources and staff.
‘We talked for a long time about the need for a Right to Information Act. We tried to bring this Act on several occasions. But the Rajapaksas were very much opposed to that. Mr Karu Jayasuriya proposed a private Members Bill but former Prime Minister Mr Dinesh Gunewardene said that we cannot bring private members bills of this nature, then that effort failed.
The RTI law was allergic to the Rajapaksas, much like a snake reacts angrily to ‘andukola.’ When I became the Media Minister, I had the privilege of bringing this historic Bill to Parliament which was passed by all 225 members of Parliament. We saw the RTI Act become a reality. We were able to do all of that, at the time.
But I need to talk about the unfortunate fate that has now befallen the RTI Act. Even though the staff cadre of the RTI Commission is 26 in number, there are only 10 staff officers of the Commission. Right now, there is a danger of the RTI Commission becoming completely non-functional due to serious personnel limitations and lack of support.
As a result, the benefits of the RTI Act that our citizens have enjoyed are being diluted. Sri Lankans had heavily relied on the RTI Act. It was as if the Government was put inside a glass box. That is why so many are scared of the RTI Act and the RTI Commission. So I call upon this Government not to allow the RTI Act to be undermined, I trust that the RTI Commission will be strengthened…

…I was the ‘Yahapalanaya’ Government’s first Media Minister, even when we brought the RTI Act (in 2016), the first use of it was to ask for the assets declaration of the President but we enacted the Act expecting all this…’

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