By Shehan Chamika Silva
Fort Magistrate Lanka Jayaratne gave an order today with regard to the legal ambiguity that occurred earlier regarding how to seek details from the Inland Revenue Department (IRD) Commissioner under the amended Inland Revenue Act 2014, in order for the prosecution to obtain income related details of the suspects relating to the magisterial inquiry conducted into the Bond scam.
According to Section 42 (relating to the section 209 of the original Act) of the Number 8, 2014 (Amendment) Inland Revenue Act, it states that “if required, in pursuance to an Order issued by a competent Court, the Inspector General of Police, in the course of an investigation which affects to the public interest, can request from Commissioner of the Inland Revenue Department to furnish all information relating to the suspect concerning”.
The Magistrate said for the court to give an order, first of all there should be a written request from the Inspector General of Police or an authorized officer on behalf of him in the court based on which then the Court can issue an order to the IRD.
It was explained that the previous law before the amendment did not allow anyone to peruse such details of any person and that now the prosecution can acquire details from the IRD obtaining a court order after that IGP requests the court to do so concerning the public interest of the inquiry.
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