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Selendiva challenged: Special SC bench sought from CJ 

03 Jul 2021

  • PNF seeks order halting Treasury/Finance Secretary

  • Opposition to any state property sale/lease/alienation 

  • Order sought against possible CSE listing 

  • Alleges sovereignty, public finance violation 

 By Maheesha Mudugamuwa   The appointment of a special bench of five or more Supreme Court (SC) judges has been sought in the fundamental rights (FR) petition that was filed last week, seeking an order to prevent the Treasury/Finance Ministry Secretary from taking any steps to sell, lease, and/or in any manner alienate state property vested with Selendiva Investments Ltd. (SIL) or any subsidiary of the said company.  The petitioner, Professionals National Front (PNF) Secretary G. Kapila Renuka Perera, has requested that the Chief Justice (CJ) nominate a special bench of the Court for the disposal of the said application in terms of Article 132 (3) (iii) of the Constitution and also requested the Court to prevent the Securities and Exchange Commission of Sri Lanka (SEC) from taking any steps to grant approval for the listing of SIL or any subsidiary of the company, in the Colombo Stock Exchange (CSE).  The petition has named Prime Minister Mahinda Rajapaksa, Treasury/Finance Ministry Secretary S.R. Attygalle, Public Enterprises Department Director General P.A.S. Athula Kumara, SIL, Auditor General W.P.C. Wickramaratne, the SEC, the CSE, the Registrar General of Companies, Hotel Developers (Lanka) Ltd., Hotels Colombo (1963) Ltd., Bank of Ceylon, Canwill Holdings (Pvt.) Ltd., Sri Lanka Insurance Corporation Ltd., the Central Bank of Sri Lanka’s Monetary Board, Litro Gas Lanka Ltd., Urban Development Authority, Cabinet of Ministers Secretary, Selendiva Leisure Investments Ltd., and the Attorney General, as respondents.  The petitioner has stated that in the event of the shareholding of the State in SIL, which is empowered with, among other powers, to sell, lease, and/or in any manner alienate state properties which are vested in it or in any of the subsidiaries formed under it and in the Selendiva Leisure Investments Ltd., reaching less than 51%, it shall be an infringement of the Constitution, specifically its articles pertaining to the State and sovereignty and its exercise, and those relating to the management of public finance and non-justiciable fundamental duties, the National Audit Act No. 19 of 2018 as amended, the Financial Regulations of 1992 as amended, and the State Procurement Guidelines.  Furthermore, the petitioner has stated that the infringement of the said provisions will be a direct violation of the sovereignty of the people which stems from public properties being vested in the State, in trust for the people, while the Auditor General will lose his/her powers to audit the accounts of the said public enterprises while the functions of the Committee on Public Enterprises (COPE) of the Parliament will be gravely affected. 


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