Justice Prasanna Jayawardena declines to take Bench | Daily News
Arjun Aloysius’ FR petition:

Justice Prasanna Jayawardena declines to take Bench

Supreme Court Justice Prasanna Jayawardena yesterday declined to sit on the Bench regarding a Fundamental Rights petition filed by Arjun Aloysius, the Chairman of W.M. Mendis & Company Limited, challenging the Central Bank’s decision to impose restrictions on his company’s bank accounts.

When the petition came up before Supreme Court three-judge-Bench headed by Justice Sisira de Abrew, Justice Prasanna Jayawardena declined to sit on the bench since he served as a member of Presidential Commission to inquire into Central Bank bond issue.

This petition was fixed for support on April 3.

W.M. Mendis & Company Limited and its Chairman Arjun Joseph Aloysius had filed this petition seeking an interim order directing the Central Bank of Sri Lanka to release forthwith the funds required by the company to meet its day to day operational expenses and obligations.

The petitioners cited the Monetary Board of the Central Bank of Sri Lanka, Central Bank Governor Dr. Indrajit Coomaraswamy, Central Bank Deputy Governor C.J.P. Siriwardana and three others as respondents.

The petitioners state that they were shocked and surprised when on January 26, 2018, W.M. Mendis & Company was informed by its parent company, Perpetual Capital Holdings that the 1st Respondent has on or about 26.01.2018, purported to “restrict” the accounts of W.M. Mendis & Company maintained in licensed banks. The petitioners state however that to date the 1st to 4th Respondents have failed and refused to release the funds required to meet the expenditure and obligations and keep afloat the Companies including the 1st Petitioner who are subject to the said “restriction,” despite it having been undertaken by them at the meeting held on 30.01.2018, that expeditious release of such funds would be made.

The Petitioners reiterate that the 2nd Respondent also mentioned at the said meeting held on 30.01.2018, that the said “restrictions” have been imposed under and in terms of the provisions of section 15 of the Financial Transactions Reporting Act No. 6 of 2006 and that the same would be “extended by an Order of the High Court”.

The Petitioners state however that the 1st to 4th respondents failed and refused to release the requisite funds to keep inter alia the Petitioner Company afloat, despite agreeing to do so at the meeting held on 30.01.2018 and the CEO of the 1st Petitioner by letter dated 14.02.2018 addressed to the CG Governor, stated inter alia as follows: 18 days have lapsed since all the Company’s bank accounts were restricted and frozen. The company has not been served with any correspondence or Court Orders setting out the basis for the restriction. There is no direction as to how the Company can carry out its day to day operations. The company is getting harassed by banks, suppliers and employees on a daily basis with respect to payments.

President’s Counsel Gamini Marapana with Navin Marapana under the instruction of counsel Sanath Wijewardena appeared for the petitioner. Senior Additional Solicitor General Yasantha Kodagoda appeared for the Attorney General.

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Very commendable indeed. However, dont release one cent until the case is heard because these fraudesters will somehow find a way to get the illgotten money they accumulated and this is the chance to recover what the government has lost and been robbed. Therefore DO NOT RELEASE ONE RED CENT until the case is over because if it is released and a judgement is given to return the stolen money Alosious and his perpetual treasuries will say they have no money to pay and we the people and the country will be the eventual losers. Therefore hiold on to that frozen accounts until the case is concluded and return if there is any excess after recovering what has been lost to the country. WM Mendis Co can go to hell because it is producing arrack and other alcoholic drinks which are not good for the health of our people anyway.

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