Former CAA Chairman discharged with reprimand

Sarath Malalasekera and Wasantha Ramanayake

COLOMBO: The Supreme Court yesterday discharged former Consumer Affairs Authority Chairman Sarath Wijesinghe who had been found guilty of Contempt of the Supreme Court, with a severe warning but without committing him to custody.

Chief Justice Sarath N. Silva PC observed that Government Ministers should be cautious in appointing persons to public offices and that such persons should be appointed solely on their merits and in the public interest but not based on political connections or relationships.

The Chief Justice noted that the pleading of the President's Counsel Mohan Pieris on behalf of the former Chairman warranted mitigation. The CJ however, observed that the conviction would stand and that he (Wijesinghe) shall henceforth not hold any public office. He noted that the respondent Chairman's conduct had been clearly in defiance of the court order dated in the rights application filed by the Laugfs Gas company.

The Chief Justice said such conduct of the respondent would negate the purpose of Statutory bodies.

The Chief Justice observed that the respondent's conduct was detrimental to the petitioner Laugfs Gas company who could not sell LP gas on two occasions and making to consumers to suffer as a result.

He also noted that the prosecution in the Magistrate's Court against the Dialog Television by the first respondent while there was a interim order by the Supreme Court in force during court vacation would have affected thousands of satellite television viewers.

The Court ordered the Registrar to communicate the order to the Secretary to the President and to the subject Minister.

The Bench comprised Chief Justice Sarath N. Silva PC and Justice Nimal Dissanayake and Justice Andrew Somawansa.

President's Counsel Mohan Pieris on behalf of the former Chairman pleaded for clemency on behalf of his client on the grounds that he was ill , had a young family and acted promptly in terms of the court order i.e. accepting the long term pricing formulae to prevent ad-hoc price increases of the domestic LP gas cylinders which had been formulated on the directions of the court, and that the prosecution initiated by the CAA against the Dialog Satellite Television had been withdrawn.

He had not acted in anyway contrary to the wishes of the court.

While he has the highest respect to the court he had tendered his resignation to the minister concerned. Counsel, however submitted that the timely intervention of the court has resolved the issue for the benefit of the public.

President's Counsel Romesh de Silva PC for Laugfs Gas submitted that the long term pricing formulae to prevent ad-hoc price increases of the domestic LP gas cylinders had been accepted by the CAA. Counsel Sanjeewa Jayawardane submitted that the CAA had forthwith withdrawn the prosecution against Dialog TV in the Magistrate Courts. Both counsel did not move for heavy punishment on the respondent.

The court had earlier directed the CAA to device long term formulae as a result of the rights plea filed by the Laugfs Lanka Pvt. Ltd. against the determination of the CAA with relevant to the increase of LP gas prices. The petitioner had stated that the CAA had only sanctioned a mere Rs. 20 increase while allowing Shell company to increase the domestic cylinder by Rs. 37.

Later, the petitioner filed a motion in the court complaining that the CAA had refused to implement the pricing formulae and allow the price increase on par with the price hike in the world market but had allowed Shell to increase their prices by Rs. 213, misleading the Cabinet on the pricing formulae and putting the petitioner's business in jeopardy.

The court was highly critical of the illegal actions of the respondent noting that he had unduly favoured Shell and deliberately attempted to push the petitioner company out of the market.

Romesh de Silva PC with Sugath Caldera instructed by D.L. and F de Seram appeared for the petitioner Laugfs company.

Sanjeewa Jayawardane instructed by Sudath Perera Associates appeared for Dailog TV. President's Counsel Mohan Pieris appeared for respondent former Chairman. Deputy Solicitor General Sumathi Dharmawardane and Senior State Counsel Rajeev Gunatillake appeared for the Attorney General.