SC issues Interim Order preventing Treasury Secretary
The Supreme Court yesterday (3) issued an interim injunction against Finance Ministry Secretary preventing him from withholding funds allocated for elections of 2023
and the funds allocated for the printing of ballot papers through the Budget passed by Parliament.
The Supreme Court issued this interim order permitting the hearing of a Fundamental Rights petition submitted by Samagi Jana Balavegaya (SJB) General Secretary Ranjith Maddumabandara.
The three-judge Supreme Court Bench consisting Judges Preethi Padman Surasena, Janak De Silva and Priyantha Fernando issued this interim order.
Nine persons including the Finance Ministry Secretary, the Attorney General, Election Commission Chairman and the Government Printer have been named as respondents in the petition.
The Bench ordered the parties to file the objections and contradictions related to the petitionin accordance with Supreme Court rules and ordered that further hearing of the petition will be held on May 26.
Additional Solicitor General Priyantha Navana, who appeared on behalf of the respondent Attorney General stated that the government does not have any intention of violating democracy or fundamental rights and that the government will work to protect and promote the rights of the people as well as universal suffrage.
The petition alleges that the Finance Ministry Secretary is deliberately not releasing money for election purposes. He said that he denies these allegations.
He said that the Treasury Secretary participated in the discussions held at the Election Commission. He pointed out that the Secretary of the Ministry of Finance had taken steps to release Rs.100 million to the Election Commission, Rs.40 million to the Government Press and Rs.25 million to the Sri Lanka Police.
President’s Counsel Upul Jayasuriya presented facts before the court on behalf of the petitioner, Ranjith Maddumabandara. According to the provisions of the Constitution, the Finance Ministry, the Government Press, the Inspector General of Police and other
government institutions and government officials are bound to support the Election Commission to conduct free and fair elections.
The President’s Counsel stated further that the government is obliged to provide the necessary funds to the Election Commission for conducting election activities under the joint fund and the government officials are not in a position to refuse this.
He also mentioned that the Secretary of the Ministry of Finance and the officer in charge of the Government Press are bound to provide necessary financial provisions for conducting the elections and to print ballot papers.
Jayasuriya said that court has the ability to impose a fine not exceeding 100,000 rupees, imprisonment up to three years or both, to the government officials who violate the orders.
Subsequent to considering all facts that were presented, the court declared this order.