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Nagananda Kodituwakku Challenges BASL President Rajeev Amarasuriya in Rs. 16 Billion BMW Scandal

 


Nagananda Kodituwakku Challenges BASL President Rajeev Amarasuriya in Rs. 16 Billion BMW Scandal

Vinivida Foundation files corruption complaint with CIABOC, alleging BASL President obstructed Customs revenue fraud investigation

Colombo, August 4, 2026 – The Vinivida Foundation has formally lodged a corruption complaint with the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) against Mr. Rajiva Amarasuriya, the incumbent President of the Bar Association of Sri Lanka (BASL). The complaint centres on allegations that Amarasuriya has obstructed a Customs revenue fraud investigation involving a staggering Rs. 16 billion in lost government revenue connected to the importation of BMW vehicles.

The complaint, submitted by Vinivida Foundation General Secretary Nagananda Kodituwakku, alleges that despite the Court of Appeal issuing a clear order on 7 May 2024 compelling Prestige Automobile (Pvt) Ltd to attend the Customs inquiry (CIB/INV/32/2013), Amarasuriya—who represents the company—continued to obstruct the inquiry by allegedly misleading both the Supreme Court and the Court of Appeal.

Kodituwakku asserts that this conduct, if established, violates Rule 51 of the Supreme Court Rules and falls within the definition of "corruption" under Section 111 of the Anti-Corruption Act No. 9 of 2023 .

The BMW Revenue Fraud Case

The case involves the importation of 1,728 brand new BMW vehicles under concessionary duty permits issued to public officers between 2011 and 2014 . Investigations revealed that the actual value of the vehicles was significantly higher than the value disclosed to Customs, and that the pro-forma invoices used to open Letters of Credit had never been issued by BMW AG Germany .

The Customs inquiry established that the importer had committed an offence under Section 119 of the Customs Ordinance, resulting in a forfeiture of Rs. 117,700,000. The investigation also uncovered that the permits had been used by third parties rather than the legitimate permit holders themselves .

Nine President's Counsel and Legal Obstruction

Kodituwakku's complaint highlights the involvement of nine President's Counsel and the BASL President himself in the legal proceedings, with journal entries demonstrating the extensive legal representation that has allowed the case to drag on for years .

The case has persisted through four presidential administrations, from Mahinda Rajapaksa to the incumbent Anura Kumara Dissanayake, with successive governments allegedly failing to recover the lost revenue .

Legal and Constitutional Implications

The complaint argues that Amarasuriya has failed to uphold the rule of law and combat government corruption as envisaged by Article 28 of the Constitution. Kodituwakku emphasized that the BASL President's alleged obstruction of the Customs inquiry represents an abuse of office that warrants investigation by CIABOC .

The Anti-Corruption Act No. 9 of 2023, which came into effect to strengthen Sri Lanka's anti-corruption framework, empowers CIABOC to investigate private sector bribery, concealment of assets, and failures that enable corruption . Section 111 of the Act specifically addresses corruption offences, making the BASL President potentially liable if the allegations are substantiated .

Call for Investigation

The Vinivida Foundation has requested CIABOC to conduct a credible investigation into the alleged abuse of office and has undertaken to provide any further evidence required. The Foundation has also requested to be kept informed of the investigation's progress in accordance with Section 44 of the Anti-Corruption Act No. 9 of 2023 .

"This case represents the kind of entrenched impunity that has cost the Sri Lankan people billions in lost revenue," Kodituwakku stated in the complaint. "The involvement of the BASL President in obstructing justice is particularly troubling, as it strikes at the heart of the legal profession's duty to uphold the rule of law."

Government and International Implications

The case has also drawn attention to Sri Lanka's anti-corruption commitments, with the International Monetary Fund (IMF) expected to be concerned about successive governments' failure to recover the substantial revenue loss .

Kodituwakku has also threatened to initiate proceedings against the Director General of Customs unless the Customs Department carries out the revenue fraud inquiry to recover the approximately Rs. 16 billion .


The Vinivida Foundation is a public interest litigation organization led by Nagananda Kodituwakku, a former Customs officer and public interest litigation activist 

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