The complaint has been lodged by the Public Interest Rights Activist and a Lawyer Nagananda Kodituwakku yesterday. In the complaint lodged to the CIABOC, Kodituwakku said that he conducted an in-depth independent investigation into the National List provision in the Constitution, which permits, rejected candidates to enter parliament through the National List.
He noted that his investigation revealed conclusive proof of a Constitutional Fraud, involving the then President J R Jayewardene, and 5 judges in the Supreme Court, who were directly responsible for permitting the clause introduced to the Article 99A of the Constitution by fraudulent means, paving the way for defeated candidates to enter the parliament through the backdoor, without a mandate being obtained from the people as the said clause patently violated the entrenched provisions of Article 3 of the constitution, which protects peoples sovereign power of franchise.
In his complaint, the activist informed CIABOC that he managed to discover the Supreme Court Record (SC/SD/02/1988), which revealed that the whole process adopted by the Supreme Court in 1988 was manifestly unlawful which was amounts to commission of a ‘Constitutional Fraud’ in which all organs of the government, including the judiciary was involved. The complaint of the activist further reveals that the Supreme Court has deliberately acted against its Constitutional obligation to the people to confer a unlawful benefit to the then government headed by President J R Jayewardene.
When he requested for a certified copy of the said case record it was initially declined by Chief Justice K Sripavan, Justice Chandra Ekanayake and Justice Priyasath Dep who had fully comprehended that there was a serious mistake done by the 5-Judge Bench of the Supreme Court on 18th of April 1988, approving the disputed clause permitting party secretaries to nominate defeated candidates through the National List. Therefore, activist Kodituwakku states that the Chief Justice and other two judges declined to release a copy of the relevant case record. However, when it finally came down to Judge Eva Wanasundera, she straightaway refused to release it to protect the interests of those who were involved in this fraudulent act. The order made by justice Eva Wanasundera against the release of the said Case Records reads as follows.
“… Communication between the President and the Chief Justice and the Observations of the Court, which are communicated to the President and to the Speaker, need not be disclosed to Mr Kodituwakku. The request contained in the Motion is therefore refused…”
Therefore the activist Nagananda Kodituwakku states that the ruling given by judge Eva Wanasundera clearly displayed an abuse of office of the Supreme Court judge and clear bias towards the Executive, to cover up a grave Constitutional Fraud involving all three organs of the government. He says that Judge Wanasundara should have been fully comprehended that in 1988 the 5-judge bench of the Supreme Court had been involved in this Constitutional Fraud. “Her intention was apparently to prevent initiation of any judicial process to rectify the Constitutional Fraud” committed against the people” which amounts to commission of an offence of ‘corruption’ as defined in the Section 70 of the Bribery Act, the activist states.
courtesy - Colombo Telegraph