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20A: Govt. to implement SC recommendations besides amendments submitted by AG

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By Shamindra Ferdinando

SLPP Chairman and Education Minister Prof. G.L. Peiris yesterday (12) said that, in addition to amendments proposed to the 20th Amendment during the Supreme Court hearing of the petitions filed against the new piece of legislation, the government was ready to introduce additional amendments in line with the Supreme Court ruling.

Altogether 39 petitions were filed against the proposed Amendment submitted by Justice Minister Ali Sabry, PC.

Addressing the media at the SLPP Office, Battaramulla, Prof. Peiris said that the government would comply with the SC recommendations to avoid a referendum. Asked to explain the SLPP’s stand as well as that of the government regarding electronic, print and social media reports on the SC ruling, Prof. Peiris said that he couldn’t comment as it was yet to be officially announced. The one-time External Affairs Minister emphasized that he couldn’t vouch for those reports as SC delivered copies of the ruling to President Gotabaya Rajapaksa and Speaker Mahinda Yapa Abeywardena.

Prof. Peiris said that once the Speaker presented the SC ruling to parliament on Oct 20, dates could be agreed on for debate and vote on the 20th Amendment.

Authoritative ministerial sources told The Island yesterday the media reports were accurate though SC ruling shouldn’t have been in public domain until official announcement was made. Sources said that in addition to the President and the Speaker the document had been received by few high officials for ‘compliance and advice’ the President.

Well informed sources told The Island that the envelope containing the SC ruling received by the Speaker last Friday (9) was yet to be opened.

The SLPP Chairman emphasised that the government would go along with the SC ruling to secure passage of the proposed Amendment with 2/3 majority. The SC in its ruling disagreed with Attorney General Dappula de Livera PC, that the 20th Amendment in its present form could be passed with a 2/3 majority. In its ruling, four of the five judge-bench of the SC declared that four clauses required approval at a referendum. The SC ruled that restoration of presidential immunity, including denying the public right to file fundamental rights cases against the President, doing away with the President’s responsibility to ensure conditions required to conduct free and fair elections as requested by the Election Commission, dissolution of parliament one year after general election and constitutional responsibility on the part of government officers to obey instructions received from the Election Commission.

Prof. Peiris, while declining to comment on media reports pertaining to SC ruling said that there was consensus as regards the SC recommendations.

When the media pointed out that National Freedom Front (NFF) leader Wimal Weerawansa and Dr. Wijeyadasa Rajapakse, PC, had expressed serious reservations as regards the 20th Amendment, Prof. Peiris said constituent parties of the SLPP led coalition as well as its members could express views though the government expected the entire group to take a common stand in parliament at the second and third reading stage.

The SLPP Chairman stressed the pivotal responsibility of all members of the government to throw their weight behind the proposed amendment.

In addition to them, SLPP National List MP Gevindu Cumaratunga, too, submitted a set of constitutional proposals on behalf of civil society organization, Yuthukama.

Asked to comment on President’s Counsel Wijeyadasa Rajapakse’s warning that the proposed 20th Amendment could be used against the incumbent President at a later stage, Prof. Peiris said that it wouldn’t be fair to take a jaundiced view of all things.

Prof. Peiris expressed confidence that the process could be brought to a successful conclusion. “We are confident of a 2/3 majority,” Prof. Peiris said the SLPP received two overwhelming mandates in Nov 2019 and Aug 2020.

The Island sought views of several experts on the leaking of the SC ruling ahead of official announcement in Parliament. Sources said that in terms of Standing Order 55(2) (c) “upon receipt of the determination of the Supreme Court it shall be announced to Parliament by the Speaker and no debate shall be permitted on such announcement”.

Sources asserted that the determination of the SC should have been announced in Parliament. The rule appeared to mean that the Speaker should have announced the determination on the first available opportunity, so that the Parliament and thereby the people would have been made aware of the determination at the earliest opportunity. “The rule does not contemplate the Speaker being empowered to announce the determination at his personal convenience or on a future day, month or year,” sources said.

A top lawyer said: “The invocation by a citizen of the constitutional jurisdiction of the Supreme Court in respect of Bills placed in the Order Paper of Parliament, for instance under Articles 120 & 121 of the

The Constitution is in the exercise of the sovereignty vested in the people under Article 3 and that people or the citizen who had exercised his constitutional right should not be deprived of his right to be made aware of the determination of the Supreme Court by the Speaker not duly announcing the determination to Parliament. A delayed announcement bypassing the earliest opportunity to make the announcement can be considered as an infringement of the people’s right to know and the citizen’s right to be duly appraised of the determination. The Supreme Court has no duty under the Constitution to disclose the determination to anyone except the President and the Speaker.”

 

 


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AG not bound by its recommendations, yet to receive report

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PCoI on Easter Sunday attacks:

By Shamindra Ferdinando

Attorney General Dappula de Livera, PC is not bound by recommendations made by the Presidential Commission of Inquiry (P CoI) into the 2019 Easter Sunday carnage, or presidential directives in that regard, according to authoritative sources.

They said that the AG couldn’t under any circumstances initiate legal proceedings until he had received the full PCoI report.

President Gotabaya Rajapaksa received the PCoI report on Feb 1. The President’s Office delivered a set of PCoI reports to Speaker Mahinda Yapa Abeywardena on Feb 23, a day after the report was presented to the cabinet of ministers. The Island raised the matter with relevant authorities in the wake of a section of the media reporting the PCoI recommending punitive measures against former President Maithripala Sirisena, Defence Secretary Hemasiri Fernando, IGP Pujitha Jayasundera, Chief of State Intelligence Senior DIG Nilantha Jayawardena, Chief of National Intelligence retired DIG Sisira Mendis and All Ceylon Makkal Congress (ACMC) leader and Samagi Jana Balavegaya MP Rishad Bathiudeen et al over the Easter Sunday carnage.

Sources pointed out that due to the inordinate delay in sharing the PCoI report with the AG, the department hadn’t been able to take preliminary measures required to initiate the proceedings. Sources said that a team of officers would take at least six weeks or more to examine the report before tangible measures could be taken.

With the AG scheduled to retire on May 24, 2021, even if the AG Department received the P CoI it would be quite a tough task to initiate proceedings ahead of retirement, sources said. However, in terms of the 20th Amendment to the Constitution enacted in last October, both the AG and the IGP could receive extensions beyond 60 at the President’s discretion.

 

Dappula de Livera received an Acting appointment as the AG a week after the Easter Sunday carnage whereas his predecessor Jayantha Jayasuriya, PC, was elevated to Chief Justice.

Responding to another query, sources said that the Attorney General two weeks ago requested Secretary to the President for a copy of the P CoI. However, the AG was yet to receive one, sources said. In spite of the AG not receiving a P CoI copy, the AG had instructed the IGP to obtain a copy of the report when he requested the police to complete investigations into the Easter Sunday carnage. The AG issued specific instructions after having examined police files pertaining to the investigations.

The IGP, too, hadn’t received a copy so far though some sections of the report were in the public domain.

Agriculture Minister Mahindananda Aluthgamage displayed at a live political programme on Derana a copy of the P CoI report he received at the cabinet meeting earlier in the day.

Sources said that the Attorney General’s Department couldn’t decide on a course of action in respect of the Easter carnage on the basis of a section of the report. In terms of the Commission of Inquiry Act (Section 24), the AG enjoyed significant powers/authority in respect of investigations; sources said adding that the Department urgently required both the P CoI report and police investigations report. The Attorney General’s Department has raised the delay in receiving a P CoI report amidst the Catholic Church attacking the government over the same issue.

Sources said that ministerial committee appointed to study the P CoI report couldn’t decide on how to proceed with the recommendations and the matter was entirely in the hands of the AG. Sources pointed out that the delay on the part of the government to release the report had received the attention of sections of the international media, including the New York Times. Public Security Minister retired Rear Admiral Sarath Weerasekera having met Malcolm Cardinal Ranjith at the Bishop’s House on Dec 8, 2020 said that the AG would get a copy of the P CoI report once the President received it. Minister Weerasekera said that the CID had handed over the relevant files after having completed investigations into eight blasts. Referring to the Parliamentary Select Committee (PSC) report on the Easter Sunday carnage, the former Navy Chief of Staff said that all such documents would have to be brought to one place and considered before initiating legal proceedings. Acknowledging that there could be delays, lawmaker Weerasekera said that on the instructions of the Attorney General a 12-member team of lawyers was working on the case. The minister vowed to expose the mastermind behind the Easter Sunday attacks. Investigations continued while some of those wanted were overseas, the minister said.

The minister acknowledged that the Attorney General couldn’t proceed without the P CoI report. Minister Weerasekera reiterated that once the President received the P CoI report, it would be sent to the Attorney General. The minister said that there were documents two to three feet high that needed scrutiny. The minister assured comprehensive investigation. The minister said that investigations pertaining to eight blasts had been completed and the reports handed over to the AG. However, the Attorney General had found shortcomings in those investigations.

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JVP picks holes in PCoI report

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By Saman Indrajith

The Presidential Commission of Inquiry on the Easter Sunday bombings had failed to identify the mastermind of , the JVP said yesterday.

Addressing the media at the party headquarters in Pelawatte, JVP Propaganda Secretary MP Vijitha Herath said that the PCoI report had levelled accusations against former President Maithripala Sirisena, former IGP and head of intelligence for their dereliction of duty, shirking of responsibilities and not taking action to prevent the attacks and negligence. There were reference to the causes of the terror attacks and actions to be taken to avoid such attacks and the influence of extremist organisations. “However, there is no mention of the mastermind of the attacks, the handlers of the attackers and those whose interests the carnage served. It is also not mentioned whether there has been any foreign or local organisation behind those attacks. As per the PCoI report the attack took place as a result of culmination of extremism.

“According to the PCoI the extremist activities were a result of the prevailing political situation then. The entire nation was waiting to see who was responsible and who masterminded those attacks. The PCoI has failed to identify the true culprits responsible for the terror attacks. The report says that the leader of the suicide cadres killed himself in the attacks and it was a puzzle. That means those who are actually responsible for the attacks are still at large. The report does not provide exact details of the sources of the attacks. The PCoI had sittings for one year and five months. It summoned various persons and got their statements but it has failed to shed any light on the terror attacks. Everybody knows that the top leaders of the government and heads of security and intelligence establishments failed in their duties. Ranil Wickremesinghe was the second in command and he too is bound by the responsibility but the PCoI report fails to identify him as one of the persons against whom legal action should be instituted. The PCoI has treated Wickremesinghe and former President Maithripala Sirisena differently. We are not telling that this report is a total failure but we cannot accept this as a complete report. The PCoI handed over its report to the President on Feb 1. After 23 days it was sent to Parliament. Now, a copy of the report is there in the parliamentary library for the perusal of MPs.”

Herath said that the PCoI did not have powers to take punitive action. “It only has powers to name those responsible and recommend action to be taken against those named.

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TNA MP faults govt. for delay in answering questions, gets under Johnston’s skin

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By Saman Indrajith

It did not matter whether the MPs were wearing pressed clothes or had travelled long distances when their questions were answered, Chief Government Whip Johnston Fernando told Parliament yesterday.

 The Minister said so in response to a complaint by Batticaloa District TNA MP Shanikyan Rasamanikkam, who expressed his dismay for government taking time to answer a question raised by him.

 MP Rasamanikkam has raised a question whether the Minister of Health is aware that the Dikkodai ospital, located in the Batticaloa district is not used for public purposes and the patients who visit the hospital for receiving services, face inconveniences, owing to that. On behalf of the Minister of Health, the Chief Government Whip and Minister asked for additional two weeks time.

 MP Rasamanikkam: I come to parliament from Batticaloa, which is 422 km away. To attend Parliament we take great care including pressing our clothes. After taking so much trouble to come there braving the pandemic threat we do not get answers. There is a Health Minister and Acting Health Minister and neither of them is here. I saw Minister Dr Sudarshini Fernandopulle in the House this morning. She too has gone out. I travel more than 800 km. We could attend to many other problems. It is because the government does not give answers we are conducting protest marches, but when we do so we are hauled up before courts.

Chief Government Whip Minister Johnston Fernando: Every MP comes here wearing pressed clothes. But that has nothing to do with questions and answers here. I have been requested by the subject minister to ask for two weeks’ time. The MPs have a right to ask questions and in the same way the ministers have the right to ask for time. On the other hand, whether you cover 400 km to reach parliament does not matter. The majority of MPs travel 200 to 250 kilometers to come to Parliament. It is for that purpose they contest elections and get elected. Once elected the distance is not an issue you have to come to Parliament. The government has answered all your questions. This is the first time the Minister has asked for additional time. It is unfair for you to level charges. A more responsible conduct is expected of you as an upcoming political leader.

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