Unprecedented controversy: PUCSL bypasses govt., seeks Indian help to ensure power supply

Chairman asks whether his outfit needs to consult ministers

By Shamindra Ferdinando

The Public Utilities Commission of Sri Lanka (PUCSL) has directly sought Indian assistance to ensure an uninterrupted power supply during the Sinhala and Tamil New Year.

Janaka Ratnayake, Chairman of the PUCSL has written to Indian High Commissioner in Colombo Gopal Baglay requesting 37,000 MT of diesel on April 10 or 11th through the recently arranged Indian credit line in view of the Sinhala and Tamil New Year.

Asked whether the PUCSL consulted the Finance and Foreign Ministries before writing to IHC Baglay, Ratnayake said there was no requirement to do so. He asked whether the PUCSL had to consult those ministries to seek assistance at the current crucial situation.

Ratnayake, in a letter dated April 05 stated: “The Public Utilities Commission of Sri Lanka will be most grateful to the Government of India and people of India extending the much needed support to maintain uninterrupted power supply for the people of Sri Lanka.”

The PUCSL comprises Janaka Ratnayake, Prof. Janaka Ekanayake (Deputy Chairman), Chathurika Wijesinghe, Udeni Wickremesinghe and Mohan Samaranayake.

The Island

obtained a copy of Ratnayake’s letter which made reference to a letter dated February 21, 2022 the PUCSL received from the Indian High Commission.

The Island

brought this development to the attention of the Foreign Ministry however we did not to receive a response from them up to the time of going to press. Authoritative sources said that the Sri Lankan High Commission in New Delhi hadn’t been aware of the PUCSL dealing directly with the Indian High Commission in that regard.

Sources said that normally in respect of such a matter after a LoC had been signed, the focal points on Sri Lanka’s side for the operational aspects would be the CPC, Petroleum Ministry and/ or Finance Ministry depending on the nature of the support required. They could deal through the Indian High Commission in Colombo, sources said adding that if necessary the Sri Lankan mission in New Delhi in Delhi would be kept in the loop for required action.

The PUCSL has been constituted in terms of the 20th Amendment to the Constitution enacted in Oct 2020 with an overwhelming 2/3 majority.

The Island also asked for the Indian High Commission stand on the PUCSL’s request.

The PUCSL recently moved the Supreme Court against the Finance and the Power Ministries, the Monetary Board of Sri Lanka, Governor of the Central Bank, the Electricity Board and other relevant stakeholders against their failure to ensure uninterrupted electricity to the consumers.

The PUCSL sought USD 200mn to procure fuel in the petition filed through G.G. Arulpragasam on April 01.

There hadn’t been a previous case of a Commission established in terms of the Constitution taking a government to court or declaring its right to deal with foreign governments.

The PUCSL has taken the unprecedented step in directly seeking Indian help amidst continuing political turmoil against the backdrop of the Opposition turning down President Gotabaya Rajapaksa’s request for them to accept cabinet portfolios. The President has said that a combined effort was required to overcome the financial turmoil caused by the balance of payments crisis.