The Supreme Court judgment with regard to the Water’s Edge transaction is a severe indictment against former President Chandrika Kumaratunga who, according to the evidence, had abused the powers vested in her by the constitution and is a warning to present and future presidents against the abuse of power.

The SC has declared in no uncertain terms that no position or office created by the constitution has unlimited power and all holders of such office are only trustees elected by the people whose well-being should be the ultimate outcome of all actions of the trustees.

The Lanka Marine Services Ltd. judgment has found, inter alia, that Treasury chief Dr. P. B. Jayasundara was guilty of violating laws governing the alienation of state property.

In the former case, the learned judges have pointed out that politicisation is the main flaw in the public investment system and have stressed, among other things, the need for definitive public guidelines to ensure transparency and accountability, an open auditing and tendering process, an analysis of any direct and indirect costs, an analysis of the basis of calculations, furnishing reasons for choosing the particular project and publication of the analysis in significant detail of the potential benefits and drawbacks. It has also been specifically mentioned that whatever the legislation drafted, it must ultimately accord with the sovereignty vested in the people by furthering the Doctrine of Public Trust.

No govt. has ever made an honest attempt to make public enterprises economically viable. They have throughout been under the thumb of ruling party politicians whose henchmen rule the roost and continued to be white elephants subsidised by the Treasury. The Govt. must at least now open its eyes, take the SC recommendations seriously and implement them without undue delay. Politicians will, of course, lose the stranglehold they have on such institutions, but it will help make them economically viable, further the Doctrine of Public Trust and probably save the politicians from allegations of bribery and corruption, probably long after they have retired.

Now that the highest court has blown the lid off the myth that the Executive President has absolute power, that he/she can do anything but make a man a woman and vice versa, and there are public spirited citizens who have the courage to challenge the illegal and irregular actions of the powers that be. All politicians from the President down should think more than twice before taking any action that is not in keeping with the Doctrine of Public Trust, unless they want to invite trouble some day.

Let us hope that this landmark judgment will help change the attitudes of politicians and save public property from being dished out to their kith and kin and usher in the country on the path of development and progress.