REVISION PETITION DISMISSED
It was filed by a Customs officer against fmr. AG and Treasury Secy
The Supreme Court has dismissed without cost, the revision application, against a Supreme Court order which dismissed the fundamental
Both respondents had denied the government public funds to the tune of more than Rs.619 million
rights petition that challenged the integrity and honesty of the former Attorney General Mohan Peiris and Finance Ministry Secretary P.B. Jayasundera.
The revision application filed by Customs officer T.R. Ratnasiri was heard by a Bench comprising Justices Shiranee Tilakawardane, P.A. Ratnayake and S.E. Wanasundera.
The revision application was filed by T.R. Ratnasiri challenging the order delivered on February 1 by the Bench comprising Justices P.A. Ratnayake, Sathya Hettige and S.E.Wanasundera dismissing the petition filed against Mohan Peiris in his personal capacity and the Finance Secretary P.B. Jayasundera, the Colombo Dockyard Company Ltd and four others.
Justice Tilakawardane concurred with the other two judges in her judgment on the revision application and dismissed it citing another judgment which ruled that the inherent powers of a court are adjuncts to existing jurisdiction to remedy injustice and that they cannot be made the source of new jurisdictions to revise a judgment rendered by a court.
She said in her judgment that the Counsel for the petitioner conceded that the matter came up for the consideration of a limited matter based entirely
Justice Tilakawardane concurred with the other two judges in her judgment on the revision application and dismissed it
on a pure question of law, which admittedly is a threshold issue to be determined before the actual application is considered.
She said the question of law is whether a revision application could be preferred to the Supreme Court against a fundamental rights application that had been previously determined by the Supreme Court.
Justice Tilakawardane took into account two other previous revision applications which held the decision of the former case was followed and both cases decided that the Supreme Court had no statutory powers to rehear, revise, review or further consider its decisions in a fundamental rights application. The petitioner in his original fundamental rights petition complained that both respondents Mohan Peiris and P.B. Jayasundera were directly responsible for denying the government public funds to the tune of more than 619 million rupees al-
The petitioner said Mohan Peiris and P.B. Jayasundera were directly responsible for denying the Govt. public funds to the tune of more than Rs.619 million
legedly defrauded by the respondent Colombo Dockyard Company Ltd.
The petitioner had cited Mohan Peiris in his personal capacity and the Finance Secretary P.B. Jayasundera, the Colombo Dockyard Company Ltd and four others as Respondents.
He alleged that the Colombo Dockyard Company Ltd which is a Board of Investment approved company had sold 21 marine craft neither with the prior approval of the BoI nor after the payment of the fiscal levies to the Customs.