By : A.A.M.NIZAM – MATARA

The Shameless Jabbering Bandits (SJB) have accused the government of attempting to impose civil disabilities on key opposition leaders on the recommendations of the Special Presidential Commission on Political Victimization, saying that riot is tantamount to over-riding the judiciary and therefore unconstitutional.

The Special Commission had indicted 22 political leaders and individuals associated with the previous government (many of them top leaders of the SJB now) for the violation of the Constitution in establishing or being part of the Anti-Corruption Committee (ACC) and the Anti-Corruption Committee Secretariat (ACCS).

Among the indicted are former Prime Minister Ranil Wickremesinghe, former Ministers Mangala Samaraweera, Patali Champika Ranawaka, Rauff Hakeem, Malik Samarawickrema and Sarath Fonseka; Tamil National Alliance (TNA) Leader R. Sampanthan; TNA MP M.A. Sumanthiran; Janatha Vimukthi Peramuna (JVP) Leader Anura Kumara Dissanayake; Attorney-at-Law J.C. Weliamuna; and former MP Dr. Jayampathi Wickramaratne.

On January 29, 2021, a Special Presidential Commission of Inquiry was set up to implement recommendations of the earlier Presidential Commission of Inquiry into Political Victimization established under retired Supreme Court judge Upali Abeyratne on January 9, 2020.

The Special Presidential Commission was empowered, among other things, to recommend the imposition of civic disability on persons found guilty of political victimization. The Commission had found that the establishment of the Commission to Investigate Allegations of Bribery or Corruption, Financial Crimes Investigations Division (FCID), and the Special Investigations Unit (SIU) of the Sri Lanka Police was against the provisions of the Code of Criminal Procedure.

This series of articles aim to highlight actions of some of the former Ministers whose names were listed in the PCoI report as offenders :

Helping Hambantota Project

Supreme Court ordered Kabir Hashim to pay compensation to MR over Helping Hambantota case false allegations.

There are certain politiciasns who hail from feudal families and they are committed to maintain their family stastus by hoodwinking lor pretending as people friendly politicians so that people belomging to underlying segments of their areas or societies will nlot be able to command them.  This was D.S.Seanayake rejected the Madampa reform proposa.ls presented by the late Prime Minister S.W.R.D.Bandaranaike since he feared that those reforms will eliminate their dominant status and the Tamil politicians (the Vellala clan) continue to keep the Tamil masses trampled for the last 70 odd yesars with the prlomise of selfrule status.

The former Minister Kabir Hashim, presently the Chairman pof SJB also hails from a feudal family from a feudal family in Sabsragamuwa and his father is said to be a Barrister. He entered parliament in 2001 and continue to represent Kegalle district since then.  He is reported to be very mjuch consdcious about his family and social status.  He has a natural aversion to Rajapaksas because of their championing for the cause of the underlying people.

In this acversion, Kabir Hashim alleged that Mr. Mahinda Rajapaksa he has swindled nearly Rs. 83 crores delivered to the Premier’s Office in aiding the victims of the Tsunami tragedy and the money was credited to a special account at the Union Place branch of People’s Bank called ‘Prime Minister’s Revival Fund’ on December 31, 2004.

Mr. Rajapaksa filed a court case against this allegation and cited Chandra Fernando IGP, Lionel Gunatilake, DIG, P. Ampawila, Inspector of Police, Kabir Hashim, MP, and the Attorney General as Respondents and the case was taken up for hearing by a three member judges panel comprising Chief Justice, Sarath N. Silva, Justice Shirani Tilakawardena, and Justice N.E. Dr. Mahinda Rajapaksa a,leged that the 4th Respondent being a former Minister and a Member of Parliament representing the United National Party (UNP) a political party opposed to him made a complaint to the Criminal Investigation Department of the Police (CID) alleging the commission of an offence of criminal breach of trust and criminal misappropriation by him, falsely and maliciously, in order to tarnish his public image and thereby to gain political advantage at the Presidential Election in which he was due to be the candidate of the political party in power.

Further, that the 1st, 2nd, and 3rd Respondents being the Inspector General of Police, Deputy Inspector General of Police (CID) and an Inspector of the CID forming part of the executive arm of Government, purported to take action on the said false complaint and continued an investigation in order to support the malicious political campaign against him by the UNP, which was in turn actively assisted by a partisan weekly newspaper that carried a continuous flow of false information regarding the same matter.

Thus, the case of the Petitioner is that the executive arm of Government wielding Police power was made use by his political opponents who were in turn backed by a partisan newspaper, to besmirch his character and gain undue political advantage and that such abuse of the legal process of criminal investigation denied to him the equal protection of the law guaranteed by Article 12(1) of the Constitution.

In delivering the verdict of the case the Cou.rt granted the declaration prayed for by the petitioner that his fundamental rights guaranteed by Article 12 (1) of the Constitution has been infringed by the 1st to 4th Respondents.

Considering the preceding findings the Court ordered that the 1st, 2nd and 4th Respondents pay personally a sum of Rs. 100,000 each, to the Petitioner by way of compensation.

The Court ordert said that this amount is awarded only as a recognition of the infringement of the Petitioner’s fundamental rights and not intended to compensate him fully for the loss suffered by him by being denied equal protection of law and hence the State will pay a sum of Rs. 200,000 as costs to the Petitioner.

D.S. Wijesinghe, PC, with Sanjeewa Jayawardena and Priyantha Jayawardena appeared for the Petitioner.

Tilak Marapana, PC, with Ronald Perera appeared for the 4th Respondent.

Palitha Fernando, DSG, with P. Nawana SSC appeared for the 1-3rd and 5th Responden

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Calculations made by MP Hashim dismissed

MP Kabir Hashim was asked to get coaching on calculations by someone who knows the subject.

Money and Capital Market and State Enterprise Reforms State Minister Ajith Nivard Cabraal told Parliament that as at the end of December 2019 total loans granted by the Central Bank to all banks for pawning advances stood at Rs. 210 billion and at the end of September 2020 it had increased by 27 billion to Rs. 237 billion.

Participating in the debate on the 2020 Appropriation Bill, the Minister dismissed the figures presented by SJB MP Hashim as being inaccurate and demanded to know where the latter had obtained the misleading information from.

MP Kabir Hashim during his speech said that it was a clear indication of the failure of the government that people had pawned jewelleries to the tune of Rs. 643 billion.

Minister Cabral said by the end of December 2019 the credit card payments stood at Rs. 131 billion but had dropped by Rs. 25 billion to Rs.126 billion. Therefore, I urge MP Kabir Hashim to get his facts right and perhaps get some expert advice on such matters by someone like MP Harsha de Silva, who knows this subject.”

The State Minister said that the year 2020 had been a very difficult and uncertain year for the country. For over half the year we had a minority government and during the major part of the year we were speculating on whether an election could be held. The whole world was facing difficulties with the pandemic wreaking havoc. It was only after the formation of the new government that we were able to formulate a clear policy and delegate responsibilities.

Therefore, we have been able to move forward with a clear vision during the last three months,” he said.

The Minister said that the government had faced many challenges during the first three quarters of this year apart from the Covid pandemic, due to the mismanagement and misdeeds of the previous government over the past five years.

During the past five years under the previous regime, the 6.3 per cent growth rate we maintained from 2010 to 2014 had dropped to 2.3 per cent For the first time in 2019 the per capita income fell by USD 227 under the yahapalana government. Now, they are trying to discredit us by claiming that the country is in a debt trap. They are hoping for the fall of the government, but they will be disappointed; we will not their wild dream come true.”

Minister Cabral said that the debt burden was measured as a percentage of the GDP and in 2005, it stood at 91 per cent. However, our government had reduced it to 70 per cent by 2014 and after the Yahapalana government took over they increased it back to 87 percent. This happened as they had increased the foreign debt by 49 per cent. They increased the short term loans within a short period and now we are tasked with rectifying their mistakes. The previous government paid Rs. 1,430 billion more than we did in debt interest within their five year tenure.”

Cabral urging ignoramo’us Kabir Hashim to get coaching on economy

Cabraal add that the previous regime had also managed to devalue the rupee and now the present government had to pay for its predecessor’s sins.

He said that the government was committed to steering the country on a path of progress and urged all MPs to cast aside their political differences and support the passage of the Appropriation Bill.

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Southern highway project corruptions under yahapalana

An anti-corruption group has sent information to the presidential secretariat that point to the tender procedure relating to the construction of the stretch of the southern highway from Matara to Mattala being extremely corrupt.

The construction of the highway began during the previous government, and those who had pioneered the regime change on January 08 severely criticized the cost of the project.

The previous government estimated the cost of construction for the 96 km stretch at Rs. 242 billion plus Rs. 12 b as consultancy and planning expenses.

The estimated costs for its four phases were – Rs. 103.28 b for the 30 km stretch from Matara to Beliatta, Rs. 55.5 b for the 26 km stretch from Beliatta to Wetiya, Rs. 31.57 b for the 15 kms from Wetiya to Andarawewa and Rs. 52.16 b for the 25 kms from Andarawewa to Hambantota.

The Chinese contractors secured loans through the Chinese banks named by them for the Sri Lankan government.

The anti-corruption group charges that local and foreign racketeers shared the money that was the difference between the actual cost and the estimated cost.

It urges the authorities to once again go through all the contracts relating to this project.

Technical committee report ignored

The first highways minister of the present government Kabir Hashim appointed a technical committee headed by renowned engineering consultant M.B.S. Fernando to undertake a review of the project.

The committee report handed over to the minister on 28 April 2015 says the project could have been completed at a cost which is Rs. 123 b less.

However, by August, the tenders were awarded at the previous cost estimates, and the specialist report completely disregarded.

After the general election in that month, a newly-appointed minister took up the job.

Then, the estimates were gone through once again and the same contractors were to be given the job on new estimates.

Surprisingly, this time the decision is to raise the costs – from Rs. 103.28 b to Rs. 122.5 b for the Matara-Beliatta stretch, from Rs. 55.2 to Rs. 66.83 b for the Beliatta-Wetiya stretch and from Rs. 31.57 b to Rs. 39.97 b for the Wetiya-Andarawewa stretch, while the estimate for the remaining stretch is still under review.

The anti-corruption group notes that the present is more corrupt than the past.

Some activists of civil organizations were making baseless allegations misusing the freedom of expression ushered in by the incumbent Government, Highways Minister Kabir Hashim said.

Those allegations against me were malicious and baseless,” he said.

Today they have the freedom to make allegations. But there should be a base for these allegations. I am sorry to state that those activists as well as media, which publicise these allegations, should ascertain the veracity of the information published,” he said.

He said that he worked as the Minister of Higher Education up to March 2015 under the 100-Day Programme and Dr Sarath Amunugama was appointed as the Minister of Higher Education on March 22, 2015, by the President.

Meanwhile, on June 19, the Board of Directors of the University Grants Commission decided to channel the investments through National Savings Bank. At that time the Minister of Higher Education was Dr Sarath Amunugama. Not me. The decision was taken by the University Grants Commission.

Therefore as blamed by an activist I have no connection at all with these matters and clearly I must say that this allegation was baseless,” he said.

He said that the UGC was blamed by the COPE Committee and a system was introduced in 2013 for the UGC to make such investments.

They have done it under the instructions of the Attorney General,” he said.

The Minister then asked the media to publicise the frauds occurred before the Yahapalana Government.

Reveal the frauds committed by companies like Entrust, which defrauded over Rs. 12 billion. Out of that Rs. 2,500 million was taken from the Central Bank Pensioners Fund and another 2,500 million from Ceylon Electricity Board Pensioners Fund,” the Minister said

Meanwhile, Kabir Hashim’s family members have even been accused of taking bribes to put people into the banks. He has also been accused of buying expensive cars and houses from his illegal bank accounts. Many charges have been leveled against him by the Public. Instead of taking action against him, the Prime Minister gave Kabir Hashim more responsibility and the opportunity to become even more corrupt. He has petroleum and roads. According to unconfirmed reports, these two can bring the government into severe disrepute.

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Kabir and Malik testify before Bond Commission

A news report dated 1^st April, 2019 said that Minister Malik Samarawickrama the one time controversial businessman who has a habit of putting his finger into every contract and has more than 10 bribery charges filed against him by the public for giving concessions to businessmen in return for favors, is about to meet his Waterloo.

The report said that his allegiance to Ranil and Mangala will not save him this time, because the President is not willing to pardon anyone.

Two senior Cabinet Ministers told the Presidential Commission of Inquiry on the controversial bond issuance that at a meeting held on 26 February 2015, a fund requirement of Rs. 18 billion had been discussed for stalled road development work initiated by the previous administration.

Ministers Kabir Hashim and Malik Samarawickrama, testifying before the commission, appeared to confirm evidence previously given by former Central Bank Governor Arjuna Mahendran that a meeting had taken place in the morning of 26 February, the day before the controversial bond auction, attended by Mahendran, the two ministers, former Finance Minister Ravi Karunanayake, officials of the Central Bank of Sri Lanka (CBSL) and the Treasury, the Director General of the Road Development Authority (RDA) and officials from the Ministry of Highways and others, where urgent fund requirements for road development work was discussed.

In evidence given to the commission last month, it was mentioned that a request had been made to the former Governor at the 26 February meeting to raise a sum of Rs. 75 billion within a month for urgent road construction work, as substantiated by a letter purportedly written by the former Finance Minister that was furnished to the Bond Commission as evidence (document No. AM22). The Prime Minister, however, in a statement to Parliament on 17 March 2015, had made reference to an urgent requirement of Rs. 15 billion only. This was later clarified by Mahendran as an initial requirement of Rs. 15 billion needed immediately, followed by a further Rs. 75 billion.

Hashim had taken part in the 26 February meeting in his capacity as then Minister of Highways and Investment Promotion while Samarawickrama had attended as then Senior Adviser to the Prime Minister.

There had been Rs. 18 billion outstanding, Rs. 3 billion of which had been allocated by the Ministry of Highways, said Hashim. This meant that Rs. 15 billion was needed immediately, as had been communicated to the Treasury Secretary.

The shameless rogues

According to the Minister, the matter had previously been taken up at a Cabinet Committee on Economic Management meeting held on 24 February. Two days later, he and other officials of the Ministry had been asked to come to the CBSL premises for a discussion where the requirement for Rs. 18 billion had been submitted.

I think my accountant had certified that we had allocated Rs. 3 billion,” said Hashim, responding to a question, adding that the figures were not exact, as bills had been coming in sporadically. However, he said, the focus had been on the Rs. 18 billion requirement.

Samarawickrama, too, provided a similar answer in his testimony: It was found at the meeting, as I recollect, about Rs. 18 billion of funds were required to pay these outstanding contractors. The Ministry had allocated about Rs. 3 billion. There was a deficit of about Rs. 15 billion.”

Minister Hashim told the commission that the Finance Ministry and Treasury officials had said they would look at a way of helping us get the funds.”

Commissioner Justice Prasanna Jayawardena asked Hashim if the CBSL had been asked to do anything at the meeting.

Not anything I’m aware of,” said the Minister.

Asked about any follow-up action, Minister Samarawickrama said there had been no discussion whatsoever” on how to raise the funds, nor had there been any discussion at the meeting about issuing bonds or about the bond auction to be held the following day. The purpose of the meeting had been solely to find how much money was required, he said.

According to Hashim, his Ministry had received Rs. 8.3 billion from the Treasury. Around 16 March, a new requisition had been sent asking for the remaining Rs. 10 billion.

At this point, Justice Jayawardena noted that the requirement of Rs. 18 billion had remained unchanged in the month of March. Hashim agreed.

Samarawickrama said he did not meet or speak to the former Governor over the telephone after the meeting or on the day of the auction. Hashim, too, could not recollect having done so.

Both Hashim and Samarawickrama said that neither Perpetual Treasuries Ltd. (PTL) nor its former Director Arjun Aloysius, his father Geoffrey Aloysius nor any of their immediate families had made any fund contributions to the United National Party (UNP) during the period which the two senior UNPers had served as the party’s Chairman and General Secretary respectively.

The Attorney General’s Department had no questions for either witness.

Attorney-at-law Neranjan Arulpragasam, representing PTL, asked Minister Hashim, under whose purview state banks came following the August 2015 general election, if the National Savings Bank (NSB) had made a loss or a profit.

I think they haven’t made a loss during that time. They have been making profits,” he said.

Asked if these were substantial profits compared to previous years, the Minister said: Yes, I think, because the dividends that we transferred to the Treasury were of record levels in 2015 and 2016.”

Arulpragasam then asked the witness if he thought former NSB Chief Dealer Naveen Anuradha was a good performer. Said the Minister: I can’t specifically say about a person, but overall we monitor operations of the bank and look at the overall performance. There’s a team that works there in the Treasury unit.”

Meanwhile, Personal Assistant to Arjun Aloysius Steve Samuel, who was supposed to testify before the commission yesterday, according to his attorney, was admitted to the emergency ward of a private hospital due to cardiac problems. An affidavit, along with medical records, is to be submitted to the commission today.

Samuel’s testimony was sought seeking clarification on files said to be maintained by PTL under the initials of RK and AM. Former Governor Mahendran had previously denied any knowledge of who RK and AM might have referred to.

Justice Jayawardena noted that, even if the witness was not present, the files could be produced.

We have also endeavoured to serve summons on [Arjun Aloysius] and [Geoffrey Aloysius] who apparently are difficult to locate,” he said.

Noting the presence of the company’s counsel, Justice Jayawardena added: We will not look at a failure to produce those files very kindly.”

According to Samuel’s lawyer, his client was not in possession of any of those files. However, an affidavit will be filed today pertaining to the documents requested as well as medical records indicating his clienAt’s health.

Former Governor Mahendran is to be re-examined by President’s Counsel Romesh De Silva

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Allerged corruption and misuse of funds by Kabir Hashim’

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Social media reported on 13^th December 2019 that under the Golden Roads programme carried ou t by the former Minister Kabir Hashim a sum of Rs. 10 milluon was allocatred for the construction of a new bridge to access the maha vihaharaya of the Shri Nihrodfharama mountain. Up to mopw the construction work of this nridge has not been completed.  The people of the area have protested against bringhing in of parts of an old rusted iron bridge in an attempt to fix it there instead of construction of a new bridge as promised.  

In asdsition to the original allocation of Rs. 10 mi lliomn the Minister is reported to have made a further allocation of one million rupees for the projectr.

The SLPP members of the Mawanella UC allefged that the Minister and his ministry officials and the Minister’s political cohorts are wasting and pocketing state funds in the pretext of construction of roads.  They said a glaring fraud being done bu them is carpeting already built concrete roads and these carpet layers gets detached in a few months time causing hige losses.  They also alleged that the Ministers relatives have provided to several peple in Banks soliociting bribes and they are also reported to be involved in buyinmg and selling of vehicles anmd the Minister has also sold his duty free vehicle permits to these vehicle dealers.

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To be continued……………