Landmark verdict of SC hereunder….
(Lanka-e-News- 2016.July.09. 10.00PM) The mafia of the State officers who were taking shelter under the corrupt Rajapakse reign during its nefarious decade and robbing the country wholesale had been so powerful that even after the Government of good governance came into power , the robbery of a staggering Rs. 3123 million approximately by these cuprits ! from coal supply came to light only after the verdict of the Supreme court (SC) was delivered on the 24 th of June.
Believe it or not , to expose this massive scam , it was not the government of good governance of Sri Lanka that filed the fundamental rights petition case , rather it was the Singapore Co. All the members of the Cabinet being made respondents in this case will go down in history as a landmark.
As there was no Sri Lankan representative in that Co. and the petition filed was not certified by a Sri Lankan , the Attorney General posed a technical issue , and wished the Supreme Court (SC) to dismiss this petition . However , the three judge panel of the SC said , if that request is heeded , the ‘conscience’ of the honorable court would be usurped given the colossal amount of money involved in the alleged fraud , and the case shall therefore be heard. On the 24 th of June the SC delivered its verdict on this case No. SC FR NO.394/2015.
During the hearing of this case it surfaced that while it was possible to purchase the coal at US $ 46.62 per metric ton , 1,064,724 tons of coal had been purchased at US $ 54.41 per metric ton.
The case was filed by Noble Resources that offered the lowest bid of US $ 46.62 per metric ton. The worst part is even when this decision was being delivered this racket was continuing to the detriment of the country without let or hindrance , and the SC had to order that this tender be put aside, and to call for fresh tenders.
This mafia comes under the Procurement committee accepted by the Cabinet , and comprises the secretary of the ministry of power and energy ,and deputy general manager of the Electricity board. The SC verdict clearly pointed out that this group had duped the minister and thereby the cabinet.
Besides , they have with the aim and objective of awarding the tender to the Co. of their friend on a higher bid, the tender specifications were changed by them again after calling for tenders ;have opened the accomplice’s tender bid and based on the new invitation to bids given the award to their friend and accomplice.
In a country where the procurement committee itself is engaged in robbery , is there a deity to whom the complaint could be lodged ? One can imagine from these machinations and deceitful practices what amount of rogues and what unbelievable criminal State officers (BureaucRATS) the Rajapakse regime had spawned during its nefarious decade.
The colossal loss incurred , and the monumental losses that would have resulted to the government in the future but for the SC verdict , and because the aforementioned coal tender was not duly awarded with transparency are as follows :
* The quantity of coal purchased during the period 2015-2016 from the Swiss Singapore Co. after amending the tender procedure and by substituting the NEWC index with API 4 , changing the size of the coal without due regard to quality as well as changing its price is 1,06,724 metric tons.
* The sum of money paid to Swiss Singapore Co. for the purchase of 1,064,724 metric tons of coal ( FOBT/after all the indices and quality amendments ) is US $ 57,932,356.96 !
* If the 1.064,724 metric tons of coal were purchased by the Technological procurement committee from the lowest bidder , that is from the recommended Noble Resources Co. in accord with the quality standard (FOBT/ after all the indices and quality amendments), based on the tender requirements ,the total payment would have been US$ 49,632,134.70
* Based on these figures , the loss owing to the purchase of coal from Swiss Singapore Co. following unwarranted over payment is US $ 8.300,222.26 !
* The loss incurred by the purchase of coal from Swiss Singapore Co. without purchasing from the open competitive market while its price was plummeting in the world market , is US $ 4,941,043.48 during the period 2015-2016
* If the SC had not delivered its verdict , there was a possibility to lose a further sum of over US $ 8,300,222.26 via the purchase of 1.1 million metric tons of coal in this same way during the period 2016-2017 .
* Then why didn’t the government take a decision against these corrupt BureaucRATS who had been gnawing at the very root of the country’s economy most selfishly and traitorously ?
At any rate one thing is very clear from this verdict , that is , it is because of the changes which are being effected by the government of good governance , the judiciary had been able to act independently without interference and intervene . Besides , it is now rendered possible to a company to file action citing the cabinet as respondents. This is a positive sign and a most welcome landmark judgment , which the courts had the ability to deliver only because the government of good governance is in power as opposed to the previous brutal , criminal. lawless and corrupt regime.
* It is to be noted , this corruption crime exceeds the treasury bond scam of the Central bank , as the amount involved is US $ 21,541,487.00 ( which is Rs. 3123, 515,615.00 @ Rs. 145.00 per dollar) .
* What is the action the government is going to take in this connection? Are these bureaucRATS and bandicoots going to be permitted to continue robbing and pilfering the people’s monies?
* The secretary to ministry of power and energy is due for retirement in two years. Hence it was his aim to earn billions and trillions by that time by awarding this tender to Swiss Singapore Co. Though the low rung officers of the ministry are fully aware of the activities of these bandicoots , they are helpless and are therefore silent. The other culprit the deputy General manager too is to retire in a few months . Therefore probing into these frauds after the bandicoots have vanished without trace will be like locking the stable after the horses have bolted. Unlike the horses these crooks have enough nooks and crannies to hide being bandicoots in human form.
* By retaining these crooked notorious members of the procurement Committee appointed by the cabinet including the secretary to ministry of power and energy , secretary of foreign employment bureau and General Manager of Electricity board even after this , is the government wishing that it shall be duped on and on?
* Is it only after and because of the court verdict which exposed that the Establishment code , financial regulations and other circulars have been violated , the country’s laws are going to be enforced and the Establishment code going to be abided by , to safeguard the country’s financial resources ?
Are the people’s representatives who claim they are opposed to corruption and are vociferous against it unable to notice these monumental and glaring corruption ?
The landmark judgment delivered by the SC can be accessed here.
http://www.lankaenews.com/home/downloads/39/Supreme_Court_order_Rgd_Coal_Corruption.pdf
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by (2016-07-09 16:41:49)
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2 discussion on this news
Congratulations LEN for exposing massive scam.All of the citizens of this country who respect Yahapalanaya should salute & honor the Hon. Chief Justice who took the decision to proceed neglecting technical reasons & proceeded to save this colossal amount without allowing get into the hands of culprits. Hon HE should take actions to send these culprits to gallows as this type of practices going on from the inception of coal power plant including from the stage of even the offer & construction for the benefit of the electricity consumers. .Wimalasekara
-- by I.Wimalasekara on 2016-07-10
Mr President.
Please act what you preach. You can set example to all in the government that you do not tolerate if anyone flounders public funds. You became President on this promise.
Of course you do not know whether Mr Dilan is guilty or not. But you do not have to be judge , the jury and the police when there is complaints against your close associates ( I do not that is happening that way but this article sounds like that) . There are institutes for that . Please encourage these institutes to to carry out their duty's in a impartial manner and either punish or release those who have been accused.
I have all the right to ask this from you Sir as I voted for you in last Presidential election.
-- by piyal on 2016-07-11
