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Sudath Gunasekara

This tag is associated with 3 posts

The Sri Lanka Kanda Udarata Urumaya Savibala genviime Adhikariya

D Sudath Guansekara  Forermer Secretary to Mrs Siirimavo Bandaranayaka PM

Auditor General

Dear Sir,

I sent you a complain regarding the appointment of a Chairman to a non- existing Board of a Authority called  “The Sri Lanka Kanda  Udarata Urumaya Savibala genviime  Adhikariya” for immediate action.

I regret very much to state that I have not received even an acknowledgement up to date.

I would like to be informed as to what action you have taken on this serious violation of administrative procedure and an illegal action taken by a Cabinet Minister

The proposed Act has not been passed by the Parliament as yet and I am told it is still with the Legal draftsmen

Could you please inform me as to

  1. a) What action you have taken on this matter of public importance

Thank you,

D Sudath Guansekara  Forermer Secretary to Mrs Siirimavo Bandaranayaka PM

Ps: Please note that I have sent this complaint to you as ‘The Public Officer’ who is responsible for the nation as to how public funds are been handled by irresponsible politicians

________________________________________________________

Can a Minister appoint a Board of Directors and a Chairman for a proposed statutory Board before the Act for such objectives is passed by Parliament?
Posted on February 5th, 2018

Sudath Gunasekara

5.2.2018

Yesterday I read (in Kandy News of Jan 2. 2018. Page. 02) a statement issued by a Chairman of an interim Statutory Board of Directors of nine members of an Institution called ‘The Kandaudarata (Upcountry; Note that not Kandyan as it is popularly called) Urumaya Srakiima  Adhikariiya) where even the draft of that Act for setting up the said Board is not yet finalized.

The Chairman also has said that it is an interim Board for a proposed Authority in respect of which the preparation of an Act is being done at the moment. This obviously means the Act is yet to be passed by Parliament after satisfying the normal legal requirements finally by the Legal Draftsman’s Department. What made the Minister concerned to appoint a Board of Directors to a statutory Board before the Act is passed by Parliament and under what legal provision he has done it. Is it not like registering the birth of an unborn child?

I now pose the question whether a Minister has the power to appoint a Board of Directors and a Chairman to an Institution where even the proposed Act is still under preparation, leaving aside the need for such an act to be passed by Parliament before it appoints a Board of Directors and whether it is legally valid.

If immediate action is not taken on this matter I am sure all other Ministers will also follow suit and play havocs citing this as a precedent. When you look at some of the key appointments done even by the President and the PM since Jan 9th 2015 in retrospect, including the appointment of Prime Minister, one might say this is nothing. But as a responsible citizen of this country I hold very strong views on this type of blunders as such actions by irresponsible politicians will set a dangerous precedent for public financial accountability in future.

Who pays for the maintenance of such Board of Directors, their salaries and other expenses incidental to, such as vehicles, Offices and office equipment, staff, stationary etc and under what authority they make such payment. Is it out of public funds or out of the personal money of the Minister in charge? If the answer is the latter we have nothing to worry. But on the other hand if it is out of public funds it is irregular and illegal and obviously amounts to misappropriation of public funds and abuse of authority.

I suggest this matter be brought to the attention of the Auditor General by someone immediately for necessary action as a matter of public interest.

A draft copy of an Act

A draft copy of the proposed Act was given to me by a member of the Karaka Sangha Sabha of Asgiriya Chapter in June last year requesting for my observations. I carefully studied it in details and submitted my observations on 13.07.2017.

Among other things I pointed out the following serious flaws in the draft

1That there is already an Act called Udarata Sanwardhana Adhikariya Act No 26 passed by Parliament on 24th August 2005.

2 That the proposed Act does not propose to repeal the previous Act either

3 That it is only a carbon copy of the earlier Act, haphazardly an unintelligently altered with no valid substance or solid reasons only to achieve the short term political agenda of the present Government of appeasing the Tamils in the State sector, shamelessly and irresponsibly, eying for their vote, without knowing that thereby it betrays the birth rights as well as the human rights of the sons of the soil.

4 That it betrays the native Kandyan Peasants who had being there from the inception of history as under clause 9 of the said new draft it has laid down the need to obtain the concurrence of the Minister in charge of the Ministry of Upcountry new Village (Tamil) and Infrastructure Development, if any land within the Estate sector is needed for this Authority. Prior to 1972 we had to take permission from the British. Now this Government is trying to give that power to the Indian Tamils who were brought hereby the British in the latter part of the 19th century as coolies and illicitly left behind when they left in 1948 who will now replace British Colonial power with a neo-Indian expansionist agenda.

My observations

(I attach a copy of my observations for the benefit of my readers for them to get a better picture of the dangers of this proposed Act)

For the reasons I have given here I urge the Minister and the Government to immediately disband this illegitimate Board of Directors and stop all further actions on this proposed treacherous Act in the name of millions of our ancestors who have died in battle against three Colonial invaders, Portuguese, Dutch and the British, and scarified everything they had for 500 years since 1505, to protect this sacred mother land for posterity. I am sure the heroic ancestors will rise from their graves to curse the architects of this betrayal and to squeeze the necks of those are responsible for this tragic crime.

I do not know as to what happened to my observations as the party  to whom I handed over the observations never spoke to me on this subject since I handed it over in July last year.

I took great pain and my precious time to prepare these observations as I have been a person seriously concerned and unofficially involved in this subject for a long time even from my University days in 1958 as I felt the person who made the request was serious and genuine.

21 years after retirement from public service I am now fully convinced that all this will not fall in to the deaf ears of those in power. But I am writing this piece to bring this serious betrayal of the Kandyan peasants to the immediate attention of everybody concerned on behalf of a group of hapless peasants of my motherland who have no one either in the Parliament or any other Council to represent their grievances in spite of the fact that there are nearly 5000 members who are supposed to have got elected by the people to represent them at the National, Provincial and Divisional   level, with a distant hope that someday someone will come to the rescue of the sons of the soil from the pitiful plight in to which their own politicians have pushed them..

Can a Minister appoint a Board of Directors and a Chairman for a proposed statutory Board before the Act for such objectives is passed by Parliament? Posted on February 5th, 2018

Can a Minister appoint a Board of Directors and a Chairman for a proposed statutory Board before the Act for such objectives is passed by Parliament?
Posted on February 5th, 2018

Sudath Gunasekara

5.2.2018

Yesterday I read (in Kandy News of Jan 2. 2018. Page. 02) a statement issued by a Chairman of an interim Statutory Board of Directors of nine members of an Institution called ‘The Kandaudarata (Upcountry; Note that not Kandyan as it is popularly called) Urumaya Srakiima  Adhikariiya) where even the draft of that Act for setting up the said Board is not yet finalized.

The Chairman also has said that it is an interim Board for a proposed Authority in respect of which the preparation of an Act is being done at the moment. This obviously means the Act is yet to be passed by Parliament after satisfying the normal legal requirements finally by the Legal Draftsman’s Department. What made the Minister concerned to appoint a Board of Directors to a statutory Board before the Act is passed by Parliament and under what legal provision he has done it. Is it not like registering the birth of an unborn child?

I now pose the question whether a Minister has the power to appoint a Board of Directors and a Chairman to an Institution where even the proposed Act is still under preparation, leaving aside the need for such an act to be passed by Parliament before it appoints a Board of Directors and whether it is legally valid.

If immediate action is not taken on this matter I am sure all other Ministers will also follow suit and play havocs citing this as a precedent. When you look at some of the key appointments done even by the President and the PM since Jan 9th 2015 in retrospect, including the appointment of Prime Minister, one might say this is nothing. But as a responsible citizen of this country I hold very strong views on this type of blunders as such actions by irresponsible politicians will set a dangerous precedent for public financial accountability in future.

Who pays for the maintenance of such Board of Directors, their salaries and other expenses incidental to, such as vehicles, Offices and office equipment, staff, stationary etc and under what authority they make such payment. Is it out of public funds or out of the personal money of the Minister in charge? If the answer is the latter we have nothing to worry. But on the other hand if it is out of public funds it is irregular and illegal and obviously amounts to misappropriation of public funds and abuse of authority.

I suggest this matter be brought to the attention of the Auditor General by someone immediately for necessary action as a matter of public interest.

A draft copy of an Act

A draft copy of the proposed Act was given to me by a member of the Karaka Sangha Sabha of Asgiriya Chapter in June last year requesting for my observations. I carefully studied it in details and submitted my observations on 13.07.2017.

Among other things I pointed out the following serious flaws in the draft

1That there is already an Act called Udarata Sanwardhana Adhikariya Act No 26 passed by Parliament on 24th August 2005.

2 That the proposed Act does not propose to repeal the previous Act either

3 That it is only a carbon copy of the earlier Act, haphazardly an unintelligently altered with no valid substance or solid reasons only to achieve the short term political agenda of the present Government of appeasing the Tamils in the State sector, shamelessly and irresponsibly, eying for their vote, without knowing that thereby it betrays the birth rights as well as the human rights of the sons of the soil.

4 That it betrays the native Kandyan Peasants who had being there from the inception of history as under clause 9 of the said new draft it has laid down the need to obtain the concurrence of the Minister in charge of the Ministry of Upcountry new Village (Tamil) and Infrastructure Development, if any land within the Estate sector is needed for this Authority. Prior to 1972 we had to take permission from the British. Now this Government is trying to give that power to the Indian Tamils who were brought hereby the British in the latter part of the 19th century as coolies and illicitly left behind when they left in 1948 who will now replace British Colonial power with a neo-Indian expansionist agenda.

My observations

(I attach a copy of my observations for the benefit of my readers for them to get a better picture of the dangers of this proposed Act)

For the reasons I have given here I urge the Minister and the Government to immediately disband this illegitimate Board of Directors and stop all further actions on this proposed treacherous Act in the name of millions of our ancestors who have died in battle against three Colonial invaders, Portuguese, Dutch and the British, and scarified everything they had for 500 years since 1505, to protect this sacred mother land for posterity. I am sure the heroic ancestors will rise from their graves to curse the architects of this betrayal and to squeeze the necks of those are responsible for this tragic crime.

I do not know as to what happened to my observations as the party  to whom I handed over the observations never spoke to me on this subject since I handed it over in July last year.

I took great pain and my precious time to prepare these observations as I have been a person seriously concerned and unofficially involved in this subject for a long time even from my University days in 1958 as I felt the person who made the request was serious and genuine.

21 years after retirement from public service I am now fully convinced that all this will not fall in to the deaf ears of those in power. But I am writing this piece to bring this serious betrayal of the Kandyan peasants to the immediate attention of everybody concerned on behalf of a group of hapless peasants of my motherland who have no one either in the Parliament or any other Council to represent their grievances in spite of the fact that there are nearly 5000 members who are supposed to have got elected by the people to represent them at the National, Provincial and Divisional   level, with a distant hope that someday someone will come to the rescue of the sons of the soil from the pitiful plight in to which their own politicians have pushed them..

Who masterminded the Central Bank gang robbery and who helped Mahendran to leave the country and abscond in hiding?

Who masterminded the Central Bank gang robbery and who helped Mahendran to leave the country and abscond in hiding?
Posted on March 2nd, 2018

Sudath Gunasekara

2.3. 2018

Arjun Mahendran has left the country and now he is absconding. Now that he was not found in Singapore where is he? Is he hiding in UK, USA or in the moon as planned? Probably Ranil will know best. I believe he will never come back and he will escape the Sri Lankan law. Then what next? Are we going to leave it at that? What plans the President has up his sleeves if he has any, I doubt?

On whom are we going to fix responsibility regarding this mega robbery which has completely ruined a nation with spillover bankruptcy effects for decades and generations to come on the entire banking system in this country, the national economy and the whole nation where the per-capita loan liability is said to be already over Rs 400,000?

How the conspiracy was hatched and carried out AND BY WHOM

The whole country knows that it was Ranil Wickramasinha who brought his buddy Arjuna Mahendran to Sri Lanka and got him appointed as preplanned as the Governor of the Central Bank in spite of strong objections raised by the President, the de jure Head of the State

It was he who invited him to come offering the Governorship of the CB

It was he who got the CB under him as pre-planned, from the Finance Ministry

It was he who took full responsibility for his selection and insisted that Mahendran should be appointed, when the President objected for his request to appoint his buddy

When the matter was raised in Parliament it was Ranil who defended him in the House on 17th March 2017

It was also Ranil who introduced the new system of Bond auctions as revealed by Arjuna Mahendran before the commission in his evidence

It was also Ranil who got the President to dissolve Parliament in August 2017 a day before the Dew Gunasekara COPE Report was to be presented to Parliament and thereby avoided the Report being debated in Parliament.

(This lapse led to the second Bond Scam the subject of the present debate)

He also appointed his own commission of Party lawyers and got Mahendran exonerated before the President appointed his Commission

Then he also wanted Mahendran appointed for a Second term which the President refused and got Coomaraswamy appointed

After that Ranil appointed Mahendran to another high post under his Ministry disregarding and ignoring his highly questionable role in the CB scam and also ignoring the President, probably thinking that it was he who got Mr Sirisena elected as the President, which is partly true.

When he was asked to give evidence before the Commission he got the Commissioners to send him a list of questions to be asked AT THE INQUIRY in advance carefully prepared, so that he can come prepared to answer them, perhaps designed to exonerate him.  This is like the Commissioner of Examinations sending the Question papers to a candidate and accepting his answer scripts at the examiners home and pass him with distinction. What is more he got his own Attorney General to lead his evidence, who did a shoddy job to save his master.

He also got Ravi Karunanayaka the Finance Minister his confidante and Deputy Leader of the UNP to instruct all State Banks to bid at the auction at lower interest ( 9.5%) so that Ajun Aloysius, who was perhaps advised in advance either by Mahendran his father-in-law who was living with him in his home  or jointly by Ranil and Mahendran to quote 12.5 % interest as pre-planned.

He was also responsible for increasing the 10 billion to 40 billion as Mahendran has revealed in his evidence before the Commission

It was also he who got Sujiva Serasinha, the Author of the infamous Book on CB SCAM, and got him appointed to the COPE as a member.

It was also he who sent Mahendran to Singapore when dark clouds were gathering over the sky.

(It is beyond comprehension how and why a suspect of such a crime was allowed to leave the country by the Custom Authorities, unless there was some powerful intervention behind it). Ranil should know better than anybody else as to how he left Katunayaka Airport without any problem. Ranil knows better than any if Mahendran is arrested and grilled by the CID and by people like Dappula Livera and Kodagoda he will spill out all the beans and the entire gang of Alibaba and 40 thieves and all others who have jointly conspired, aided and abetted in different ways assigned to them by the leader, like writing books, adding foot notes and those benefitted directly or indirectly will be exposed.

In this backdrop I don’t think this man will ever come to Sri Lanka. The perpetrators must have done their homework so that he could be kept in hiding safely.

Why can’t the President or law enforcing authorities take action against Ranil taking these commitments as evidence of serious crimes and take action accordingly? Of cause one could argue that he cannot be treated under that law as he has not duly singed a personal bond in court to that effect. Can’t his undertaking on behalf of Mahendran be accepted as a verbal bond under common law. I am sure what I have said here could be converted to legal jargon to frame the charges. Why can’t the President direct the authorities to arrest Ranil under a Presidential Order and keep him there at least now until he produces Mahendran before the court? Now that Ranil is in Singapore I am sure he can bring his friend in the same plane and produce in courts without any problem.

Therefore the citizens of this country who are the owners of the Central Bank should demand the President to give directions to the CID at least now to arrest the Golden brain, whoever it is, that conspired, planned and executed this crime with a gang of thieves and who is also doing everything he could, under the sun to protect Mahendran his erstwhile friend for nothing but shear political and personal gain. I don’t think anybody needs to name him. The President should know it better than anybody else. So I leave it to him to decide. I do not know whether he will take the correct decision. But as responsible citizens it is our duty by the country and its people to raise these issues for public debate. If he takes the correct decision on this issue at least now I have no doubt that he will at least partially emerge out of the abysmal political mire in to which he has fallen, not because of anybody else’s fault, but only of his own fault and lapses and lack of far sight.  It will also open the doors for an entirely a new political culture in this country, free from corruption and misgovernment, which the people of this country have been desperately dreaming for decades.

Those of you who read this will know many more involvements and finer points than I do. I beg your pardon for shortcomings in this note.

PS:The background for his selection

Mahendrans are Ranil’s Family friends and strong UNP supporters. Mahendran is also said to be his school mate at Royal. He has been appointed to several posts even in 2001 when Ranil became PM. During that time he also appointed Charless Mahendran, Ajun’s farther to the UN.  While he was there he is supposed to have given some vital secret information to Ranil bypassing Chandrika, over which Chandrika got damn annoyed and dissolved the Parliament making room for the 2004 General Elections that routed Ranil’s Government and sent him to the opposition. It is in this background one has to understand as to why Ranil brought Mahendran to the Central Bank.

In this back drop, there couldn’t be the slightest doubt that Ranil should know where Mahnedran is hiding. As such it is his bounden duty as well as legal obligation to produce him before the CID, failing which action has to be taken against him. This I believe is the responsibility of the President. Here the President has to transfer back the CB to the M/Finance at least now without allowing the chicken pen to be under a cunning fox.

 

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