arjun mahendran - petition

7/26/2019 Arjun Mahendran - Petition

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IN THE COURT OF APPEALOF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA

In the matter of an application foran order in the nature of Writ ofQuo Warranto under and in termsof Article 140 of the Constitution ofthe Democratic Socialist Republicof Sri Lanka

CA !Writ" Application #o$ %&01'(eerthi )ennakoon100%1*A+ Welikada,atta Road+

Ra-a.iri/a

PETITIONER

s

Ar-un Lakshman 2ahendran+3oernor of the Central 5ank of SriLanka+#o 60+ Central 5ank of Sri Lanka+7anadhipathi 2a,atha+Colombo 1

RESPONDENT

)8$ HIS LORDSHIP THE PRESIDENT AND THEIR LORDSHIPS THEOTHER HONOURABLE JUDGES OF THE COURT OF APPEAL OF THE

DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA

8n this &0th da/ of 7une+ &01'

)he 9etition of the 9etitioner aboe named appearin. b/ 2s Dharshika

9erera and Samudra 3uana,rdena under the name and st/le of :#ICL8

AS8CIA);S< + his re.istered Attorne/atLa, states as follo,s=

1 )he 9etitioner is a citi>en of Sri Lanka

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& )he 9etitioner states that he is the ;?ecutie Director of Ca@@;+ andhas been inoled in ensurin. the rule of la, and .ood .oernance

6 )he 9etitioner inokes the -urisdiction of our LordshipsB Court inrespect of the sub-ect matter of this application in the public interest

)he 9etitioner states that the issues to be determined b/ ourLordshipsB Court in this application are of si.nicant public andconstitutional importance )he 9etitioner states that as a citi>en of SriLanka it is a constitutional dut/ under Article & of the Constitution touphold and defend the Constitution and the la, and to presere andprotect public propert/ and to combat misuse and ,aste of publicpropert/ and he is conscious of his said Constitutional duties

4 )he Respondent is the incumbent de facto 3oernor of the Central5ank of Sri Lanka ,ho is holdin. onto the said oEce ille.all/

F In this application the 9etitioner is seekin. to impu.n the Respondentille.all/ holdin. oEce as the 3oernor of the Central 5ank of Sri Lanka

' )he 9etitioner states that the Central 5ank of Sri Lanka is the authorit/responsible for the administration+ superision and re.ulation of themonetar/+ nancial and pa/ments s/stem of Sri Lanka and the Central5ank of Sri Lanka is char.ed ,ith the dut/ of securin. economic andprice stabilit/ and nancial s/stem stabilit/ ,ith a ie, to encoura.in.

and promotin. the deelopment of the productie resources of SriLanka

G )he 9etitioner states that in terms of the proisions of Section 1* of the2onetar/ La, Act+ the 3oernor is the chief e?ecutie oEcer of theCentral 5ank of Sri Lanka and is char.ed ,ith the po,ers+ duties andfunctions stipulated in Section 1* of the 2onetar/ La, Act

)he 9etitioner states that the 3oernor of the Central 5ank of Sri Lanka

is a public oEcer ,ithin the meanin. of the Constitution of theRepublic of Sri Lanka

* )he 9etitioner states that the Respondent is presentl/ a citi>en ofSin.apore and is not a citi>en of Sri Lanka )he 9etitioner states thatthe Respondent is residin. in Sri Lanka on a B,orkin. isaB

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10 )he 9etitioner states that the Respondent ,as citi>en of Sri Lankab/ birth but subseHuentl/ renounced his Sri Lankan citi>enship andbecame a citi>en of Sin.apore+ b/ re.istration )he 9etitioner statesthat under and in terms of Article 1&'!1" of the Constitution of

Sin.apore no person shall be re.istered as a citi>en of Sin.apore untilhe has taken the oath of renunciation of alle.iance and lo/alt/ in theform set out in the &ndSchedule of the Constitution of Sin.apore

A copy of the said second schedule is annexed herewith marked as P1and pleaded as part and parcel of this Petition.

11 )he 9etitioner states that as reHuired b/ the Constitution ofSin.apore+ the Respondent as a citi>en of Sin.apore has pled.edalle.iance to the Constitution of Sin.apore

1& )he 9etition states that Article 1G0 of the Constitution of theDemocratic Socialist Republic of Sri Lanka denes a :public oEcer< asa person ,ho holds an/ paid oEce under the Republic+ and e?cludescertain cate.ories of persons from the application of this denitiono,eer+ the .oernor of the Central 5ank of Sri Lanka has not beene?cluded from the application of this denition

16 )he 9etitioner further states that as per Article 1'F of theConstitution of the Democratic Socialist Republic of Sri Lanka eer/

public oEcer is reHuired b/ the Constitution to take an oath or make anaErmation as set out in the 4thSchedule of the Constitution

14 )he 9etitioner states that therefore the Respondent bein. aciti>en of Sin.apore is incapable of pled.in. alle.iance to theConstitution of the Republic of Sri Lanka )he 9etitioner further statesthat a situation mi.ht arise ,here the Republic of Sri Lanka ,ill hae toenter into nancial transactions ,ith the Republic of Sin.apore ornancial institutions incorporated in Sin.apore and in such situations

the Respondent bein. a citi>en of Sin.apore ,ho has pled.edalle.iance to the Constitution of Sin.apore ,ould not be in a positionto dischar.e the proper functions of the oEce of the 3oernor ofCentral 5ank of Sri Lanka and the same demonstrates that theRespondent is not le.all/ entitled to hold oEce as the 3oernor of theCentral 5ank of Sri Lanka

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1F )he 9etitioner states that in the circumstances the Respondent isdisHualied b/ la, from holdin. oEce as the 3oernor of the Central5ank of Sri Lanka

1' )he 9etitioner states that the Respondent ,as purportedl/appointed as the 3oernor of the Central 5anka of Sri Lanka on orabout &G01&01F and since then the Respondent is in usurpation ofthe oEce of 3oernor of the Central 5ank of Sri Lanka

1G )he 9etitioner further states that accordin. to the prole of theRespondent published in 5usiness Week 5loomber.+ the Respondentappears to be aEliated to the Credit Suisse 3roup A3+ ,hich is a .lobalnancial institution from ,hich the 3oernment of Sri Lanka hasdecided to borro, mone/

A true copy the relevant web page of the Respondent's prole isannexed hereto marked as P2and pleaded as part and parcel of thisPetition.

1 )he 9etitioner states that in terms of Section 11!c" 2onetar/ La,Act+ a person ,ho is a director+ oEcer+ emplo/ee or shareholder of an/bankin. institution other than the Central 5ank of Sri Lanka isdisHualied from holdin. oEce as the 3oernor of the Central 5ank ofSri Lanka

1* )he 9etitioner states that therefore b/ irtue of his inolement,ith the Credit Suisse 3roup A3 the Respondent is disHualied b/Section 11!c" of the 2onetar/ La, Act from holdin. oEce as the3oernor of the Central 5ank

&0 )he 9etitioner further states that there are serious alle.ations ofcorruption a.ainst the Respondent+ in particular in the issuance oftreasur/ bonds on &G0&&01F )he 9etitioner states that=

!a"8n &G0&&01F+ the Central 5ank of Sri Lanka announced anauction of issuin. 60 /ear treasur/ bonds for Rs 1000 millionand thereafter 9ublic Debt Department of the Central 5ankcontacted commercial banks and primar/ dealers oer thephone canassin. bids for the aboe auction around themarket rate of *6FJ to *GFJ ran.e

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!b"At the auction Central 5ank of Sri Lanka accepted bids for Rs1000 million at ,ei.hted aera.e of 11G6J o,eer bids forRs 6000 million from the primar/ dealer 9erpetual )reasuriesLtd+ o,ned b/ the RespondentBs son in la, ,as accepted at1&F0J 2ost of the other banks and the primar/ dealers bid

at lo, rates belo, 1100J

!c" Soon after the conclusion of the aboe auction+ on &G0&&01Fthe Central 5ank announced a polic/ chan.e remoin.restrictions to e?cess funds of commercial banks at thestandin. deposit facilit/ of the Central 5ank and eKectiel/increasin. oerni.ht mone/ market rates b/ around 1J )hispolic/ chan.e ,as done onl/ 6 da/s after the preiousmonetar/ polic/ announcement ,here monetar/ board statedthat there ,as no need to chan.e the monetar/ polic/

!d")he actiities of the said primar/ dealer 9erpetual )reasuriesLtd+ ,ho successfull/ bid for Rs 6000 million at 1&F0 JandRs &000 million at around 1&00J at the auction clearl/indicates prior kno,led.e of impendin. monetar/ polic/chan.es

&1 )he 9etitioner states that in the aforesaid circumstances theconduct of the Respondent and holdin. of oEce as the 3oernor of theCentral 5ank of Sri Lanka is obno?ious to all the norms of .ood.oernance

&& )he 9etitioner states that in the totalit/ of the aforesaidcircumstances+ the Respondent holdin. oEce as the 3oernor of theCentral 5ank of Sri Lanka is ultra viresthe 2onetar/ La, Act+ #o 6G of1*G4 !as amended" and is ille.al

&6 )he 9etitioner states that in the circumstances+ the 9etitioner isentitled to a mandate in the nature of Writ of Quo Warranto declarin.that the Respondent is disHualied and%or not entitled to hold oEce as

the 3oernor of the Central 5ank of Sri Lanka

&4 )he 9etitioner states that he has not preiousl/ inoked the-urisdiction of our LordshipsB Court in respect of the sub-ect matter ofthis application

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WHEREFORE ); 9;)I)I8#;R R;S9;C)@LL 9RAS )A) 8RL8RDSI9SB C8R) 5; 9L;AS;D )8=

!a"Issue #otice on the Respondent=

!b"Call for and e?amine the entire record pertainin. to thesub-ect matter of this application=

!c" 3rant and issue an order in the nature of Writ ! "#

W$rr$%t declarin. that the Respondent is disHualiedand%or not entitled to hold oEce as the 3oernor of theCentral 5ank of Sri Lanka=

!d"3rant costs=

!e"3rant such other and further reliefs that our LordshipsB Courtshall seem meet=

Attorne/atLa, for the 9etitioner

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arjun mahendran - petition

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