The SJB yesterday (19) said that the Supreme Court (SC) would be moved against Treasury Secretary Mahinda Siriwardana for refusing funds for the conduct of the local government elections. A party spokesperson told The Island, on behalf of SJB General Secretary and MP Ranjith Madduma Bandara, that Attorney-at-Law Sampath Wijewardena had informed Siriwardena of his party’s decision.
The following is the text of Wijewardena’s letter to Siriwardana in respect of SC FR 69/2023:
“As you are aware the above case was taken up for support on the 3rd March 2023
wherein you the “Frist Respondent, were represented by Senior Additional Solicitor General Priyantha Nawanna, PC, before a bench of three Judges of the Supreme Court. After lengthy submissions of all counsel appearing for the Petitioner, the Election Commission and you as the Secretary to the Treasury, leave to proceed with the said application was granted and further it was ordered to grant and issue the interim orders as per prayers (i) & (j) of the Petition as referred to below: i) “issue an interim order, restraining and/or preventing the 01st and/or 02nd (i.e. Honourable Minister of Defence, Finance, Economic Stabilization, National Policies, Technology, Investment Promotion, Women, Child Affairs and Social Empowerment represented by the Honourable Attorney-General) Respondents and their servants and agents and any other state functionary from withholding any funds allocated by the Activity Budget Estimates for the fiscal year of 2023 and/or the Budget for the year 2023 for the purpose of conducting Local Government Polls 2023 until the final determination of this Application, subject to such terms, if any, as to Your Lordships ’Court sees fit; j) issue an interim order, restraining and/or preventing the 01st and/or 02nd (i.e. Honourable Minister of Defence, Finance, Economic Stabilization, National Policies, Technology, Investment Promotion, Women, Child Affairs and Social Empowerment represented by the Honourable Attorney-General) Respondents and their servants and agents and any other state functionary from withholding any funds allocated by the Activity Budget Estimates for the fiscal year of 2023 and/or the Budget for the year 2023 for the purpose of conducting Local Government Polls 2023, from the 08th Respondent, until the final determination of this Application, subject to such terms, if any”
“As I am instructed, consequent to the said orders the Election Commission has written to you on the 07th March 2023 with reference to the said interim orders issued in SC FR 69/2023, urging you to release funds for the holding of the Local Government Elections on a staggered basis commencing from the 14th March 2023 by releasing Rs 100 Million as the first installment.
“I am instructed that you have replied the said letter on the same day and informed the Election Commission that you are unable to release funds for the said Local Government Elections, due to a Cabinet Decision that has been taken on the 13.02.2023, and you have further informed that you have sought the approval of the Hon. Minister of Finance for the release of funds. Thereby, you have failed to release the first installment of Rs 100 Million that was due on the 14th March 2023.
“You are also aware that the second Respondent in the said case is the Hon. Attorney General representing the Hon. Minister of Finance and the interim orders as referred to above are applicable to the Hon. Minister of Finance as well.
“As I am instructed, you have filed an Affidavit through your Attorneys in SC FR 69/2023 and submitted to the Court the details relating to the said Cabinet Decision and thereby your inability to release funds for the holding of the Local Government Elections. The Counsel appearing on your behalf was heard exhaustively on this matter. The Learned Judges of the Supreme Court having heard all the submissions of all the parties issued the interim orders as referred to above. The Counsel appearing on your behalf took notice of the orders that were made in Court.
“Therefore, you are acting in manifest violation of the Orders of the Apex Court of the country and committed the offense of Contempt of the Supreme Court punishable under Article 105 of the Constitution of the Democratic Socialist Republic of Sri Lanka.
“You are hereby notified that you will be charged for the offense of Contempt of Court. All rights of the Petitioner are hereby reserved.”