Issuance of car permits to MPs: FR violation petition filed in SC

Monday, 27 June 2016 00:00 - - {{hitsCtrl.values.hits}}

By S.S. Selvanayagam

A public interest litigation activist filed a Fundamental Rights petition challenging the issuance of car permits to all Parliamentarians to import expensive luxury vehicles to the value of $ 62,500 with no engine capacity.

Petitioner Nagananda Kodituwakku filed this application relating to the matters involved administrative and/or executive decision taken by Executive President Maithripala Sirisena’s administration.

He cited Finance Minister Ravi Karunanayake, Secretary of the Ministry of Parliamentary Affairs Vajira Narampanawa and the Attorney General and also named him for the President who is, he claims, responsible and answerable to the actions and/or inactions of the Finance Minister.

He contends the adoption of such a self-serving decision amounts to a clear violation of the Financial Management (Responsibility) Act of 2003 and the Directive Principles of State Policy and demonstrates the failure of the President to uphold the Constitution and the law and his alleged ignorance of the responsibility of the office of the Executive President.

He maintains the first three Respondents are fully aware that the tax-free permit schemes are fundamentally wrong and go against the principles of responsible fiscal management as enacted by the Parliament as it allows the fraudster elements to embezzle billions of Government revenue.

He charges the conduct of the President concerning the re-launching of impugned tax-free permit schemes clearly suggests his willingness to follow the very same adverse fiscal policy adopted by the previous regime.

He laments the President and the MPs ruthlessly abuse their respective offices for their private benefit and there is an unavoidable national duty vested in the Judiciary to take cognisance of these financial crimes and deal with wrongdoers.

He is seeking an Interim Order from the Court to direct the Attorney General named for the President to stay the operations of the tax exemption granted to the MPs to import vehicles up to the value of Rs. 62,500 until the final determination of the petition.

He is seeking a declaration from the Court that the Respondents have violated the fundamental rights of the Petitioners and other citizens to the right to equality and the right that no citizen shall be discriminated.

He is asking the Court to direct the Registrar of Motor Vehicle to register a special condition in the vehicle registration certificate stipulating a restriction on the disposal of vehicles imported under the tax-free permits for MPs without obtaining prior approval of the Commissioner of Excise and pay the excise duty.