A third petition has been filed challenging the appointment of the Director General of the Commission to Investigate Allegations of Bribery or Corruption (CIABOC).
The petitioner, Dr M V B Ralapanawe, states that the appointment of W K D Wijeratne as the DG of CIABOC is a “blatant violation” of the Constitution, the Anti-Corruption Act (ACA) and other laws and principles of natural justice. Due to the illegality of the appointment every action of CIABOC could be legally challenged as void, and bring CIABOC to a “standstill,” he argues.
As CIABOC is the sole authority for investigating and prosecuting bribery, corruption, and money laundering in the same transaction, this would open the doors to an “exponential increase” to such crimes and tie up the hands of law enforcement, the petitioner claims.
He also notes that anti-corruption measures are mandatory steps of the International Monetary Fund (IMF) programme.
The petitioner states that Mr Wijeratne had been “reappointed” as DG of CIABOC in contravention of the ACA. He argues that the legislature intended for a “new” person to be appointed. By introducing additional powers and responsibilities, and corresponding criteria and procedure for appointment, the legislature intended a new person to be appointed and not the continuation of the incumbent under the previous Act.
He adds that there has not been any gazette by the Constitutional Council (CC) calling for applications for the post of DG of CIABOC. There is no information available on whether a thorough and transparent evaluation based on the merits of the applications was done and no information or evidence that the candidates were shortlisted or interviewed. Moreover, the CC has not published their recommendation in the newspapers as required.
There is also no available information that a general disclosure of interests was submitted to the CC by the present DG, or the CC obtained it prior to the impugned appointment as required by Section 17(2) of the ACA, the petitioner further states.
The petitioner has asked the court to grant leave to proceed with the application and issue an interim order suspending the impugned appointment of Mr Wijeratne as DG of CIABOC, until the final determination of the Application. He has further asked the Supreme Court to issue a direction quashing the appointment of Mr Wijeratne as the DG of CIABOC and issue a direction to expeditiously appoint the DG of CIABOC in compliance with the relevant provisions of the Constitution, Laws, Regulations and Rules.
Saliya Pieris, PC instructed by Jagath Thalgaswattage appeared for the petitioner.
Source: Sunday Times
