|
Shocking
expose by victimised bribery officers
File
FR Application against transfer midst investigations to massive
alleged corruption by Minister
According
to the Petition, at present, a large number of investigations
of Bribery are pending against Cabinet members, Members of
Parliament, Military and Police officers and public officials.
By
Stanley Samarasinghe
Two Investigating Officers (IO) of the Commission to Investigate
Allegations of Bribery or Corruption, yesterday filed a Fundamental
Rights (FR) Application before the Supreme Court, stating
that they were transferred from the Commission mala fide and
for the collateral purpose of discontinuing an investigation
against a minister who has never declared his assets.
Petitioners, Inspectors of Police A.M. Nihal Amarasiri of
207 Kossinna, Ganemulla and K.A. Sujatha Kumari of Anderson
Flats, Narahenpita, filed their application through Attorney-at-Law
Lilantha de Silva. Petitioners, further stated that investigations
so far done regarding the said minister, had revealed a wealth
of nearly Rs 450 million.
Chairman, National Police Commission, Neville Piyadigama and
members Nihal Jayamanna, R. Sivaraman Elle Gunawansa Thera,
M.M.M. Mowjood, Chandradasa, Nanayakkara, Chairmaine Madurasinghe,
IGP Jayantha Wickramaratne, Chairman, Commission to Investigate
Allegations of Bribery or Corruption,
Ameer
Ismail and members P. Edussuriya and T.I.D. Silva, Director
Investigations, Commission to Investigate Allegations of Bribery
or Corruption, Neville Guruge and the Attorney General have
been cited as Respondents by this Application.
According to the Petition, at present, a large number of investigations
of Bribery are pending against Cabinet members, Members of
Parliament, Military and Police officers and public officials.
All these investigations are carried out by authorised investigating
officers recruited from the Police Department.
Petitioners state that both were attached to the Assets Unit.
Investigating Officer C.A. Premasantha had commenced the investigation
of the said minister, when he was suddenly transferred out
of the Bribery Commission in November 2007. His transfer has
been suspended by an Interim Order issued by the Supreme Court
in case No. SC FR 458/2007. Thereafter, Premasantha has not
been assigned asset inquiries.
Petitioners commenced investigations against the said Minister.
IP Amarasiri (1st Petitioner) recorded evidence with regard
to said complaints and submitted an Interim report to Neville
Guruge (12th Respondent). He directed IP Amarasiri to submit
a set of questions that should be answered by the said minister.
IOs have never been required to disclose to the Director Investigations
the specific questions asked from suspects.
Petitioners further state that, under the hand of the Acting
Director General of the Bribery Commission, the said minister
was summoned twice and on both occasions, the said minister
sought further time and failed to appear before the Bribery
Commission to record a statement.
On 10.07.2008, 11th Respondent T.I.D. Silva, a member of the
Bribery Commission, required IP Amarasinghe to see him in
his office. When IP Amarasiri entered his office room, the
following conversation ensured in Sinhala.
T.I.D. Silva – Your name?
IP – Nihal Amarasiri
TID Silva – Are you handling the minister…? (Name)
file.
IP – Yes
TID Silva – The Minister called me several times. Can
you not end the investigation at your level? The Minister
is one who has a future.
IP – (No answer, showed his disagreement by silence).
IP Amarasiri specifically states that there was no other person
in T.I.D. Silva’s office room, when the said conversation
took place.
Petitioners state that, on the same day, 12th Respondent Neville
Guruge called IP Nihal Amarasiri to his office room, the following
conversation ensued in Sinhala.
Neville Guruge – Did Commissioner T.I.D. Silva talk to
you about anything.
I.P. Amarasiri – Commissioner T.I.D. Silva asked me about
minister…. (name)
Neville Guruge – Don’t make Commissioner T.I.D.
Silva turn against you. He will always be on our side, if
there is anything. Do as he says.
IP Amarasiri – (No answer, showed his disagreement by
silence).
IP Amarasiri specifically states that, there was no other
person in Neville Guruge’s office, when the said conversation
took place.
Petitioner, after these conversations, met OIC, Assets Division,
S.A. Weerasinghe, and informed him of those conversations
with Neville Guruge and T.I.D. Silva. Affidavit of Weerasinghe
is annexed to the Petition.
Petitioners state that the file on the investigations against
the said minister comes exclusively under Commissioner P.
Edussuriya (10th Respondent). It has been the practice of
the Bribery Commission that, matters relating to a specific
investigation, would be discussed only by the relevant commissioner,
under whose purview such investigations are carried out.
Petitioners seek an appropriate order from Court, calling
for the files bearing Nos. BC/1441/2005, BC 1134/2006 and
BC 1947/2006 from the Bribery Commission for Court’s
perusal.
Petitioners state that after Acting Commissioner General of
the Bribery Commission summoned the said minister to once
again appear before the Commission, they received a message
from the IGP on on 13/07/2008, transferring IP Amarasiri to
Vavuniya Division and Sujatha Kumari to IGPs Command and Information
Division.
Petitioners pray Court to declare that the said purported
transfers illegal and null and void, make order sending the
Petitioners back to their posts as IOs at the Bribery Commission.
Petitioners also prayed Court to declare that their FR were
violated and to award compensation to the Petitioners, in
a sum determined by the Court.
|
