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20 A: Decision on PM’s committee recommendations awaited
By Shamindra Ferdinando
The government should decide whether to accommodate recommendations made by a committee that studied the 20th Amendment to the Constitution presented by Justice Minister Ali Sabry, PC, to parliament yesterday (22), SLPP Chairman Prof. G.L. Peiris told a media briefing at the Battaramulla party office.
Prof. Peiris, who is also the Education Minister, said that the opportunity to express different opinions on the proposed 20th Amendment underscored the importance of following what the former law Professor called the democratic process.
Prof. Peiris said so when the media asked whether recommendations in respect of the 20th Amendment made by a 9 member committee appointed by Prime Minister Mahinda Rajapaksa would be accommodated by the government. The committee handed its recommendations and observations to the Premier on Sept. 15.
The committee headed by Prof. Peiris, consisted of Ministers Ali Sabry, Udaya Gammanpila, Nimal Siripala de Silva and Wimal Weerawansa, State Ministers, Susil Premjayantha and S. Viyalendran and MPs Dilan Perera and Premanath C. Dolawatta.
The SLPP Chairman acknowledged that acceptance of their recommendations was subject to government decision.
Minister Peiris said that rescinding the relevant gazette issued on Sept 12 to pave the way for a new gazette hadn’t been an option under any circumstances. Whatever the alterations acceptable to the government could be moved at the Committee Stage, the minister said.
SLPP National List lawmaker Gevindu Cumaratunga on Sept.13 told a media briefing at the Sri Sambuddha Jayanthi Mandiraya, Thunmulla, that the gazette would be rescinded to pave the way for a new draft. The claim was made close on the heels of Cumaratunga along with Manohara de Silva, PC, making representations to the President in respect of the 20th Amendment.
At the commencement of the briefing, Prof. Peiris said that the SLPP throughout its parliamentary poll campaign declared that the 19th Amendment would be largely abolished leaving those sections that needed approval at a referendum intact. Prof. Peiris emphasized that the SLPP retained those sections as the government didn’t want another countrywide referendum in the wake of presidential and parliamentary polls in Nov 2019 and August 2020, respectively.
Pointing out that 113 seats would have been sufficient to govern the country, Prof. Peiris explained the SLPP pushed a for two-thirds majority as the party knew what it was aiming at.
Reiterating the SLPP’s commitment to fulfill pledges given at both presidential and parliamentary elections, Prof. Peiris said that as long as the 19th Amendment remained President Gotabaya Rajapaksa wouldn’t be able to go ahead with his plans.
Prof. Peiris said that those opposed to the proposed 20th Amendment could move the Supreme Court within a week from the day the government presented it in parliament.
Minister Sabry presented it in parliament yesterday.
Prof. Peiris said that the Supreme Court, in terms of the Constitution, would have to rule on the 20th Amendment within three weeks. The SC’s decision would be made known to the President and the Speaker, Prof Peiris said, pointing out that the apex court’s responsibility in that regard was limited to the examination of the 20th Amendment’s constitutionality. The minister explained the SC would examine whether the 20th Amendment contained sections that required approval at a referendum.
Prof. Peiris said that the 20th Amendment was the responsibility of the entire government.
Commenting on diverse views on the proposed piece of legislation, Prof. Peiris said that the alterations could be made at the Committee Stage.
When the media pointed out that the proposed law would deliver a deadly blow to independent commissions due to the abolishing of the 10-member Constitutional Council, Prof. Peiris said that the appointing authority was to be replaced by a five-member Parliamentary Council. Prof. Peiris said that the move was meant to empower the President to make necessary appointments, in consultation with the Parliamentary Council, if necessary, to ensure that the commissions represented the true interests of the public.
Referring to the inclusion of civil society members in the Constitutional Council, Prof. Peiris questioned the absurdity in allowing those who hadn’t been elected to exercise powers of the President. One-time External Affairs Minister alleged that external elements, too, had been engaged in local exercises to undermine the Sri Lankan State.
The Minister dismissed the assertion that abolishing the 19th Amendment meant re-activation of the 18th Amendment. How could that be when the 20th included three key provisions, restriction of presidency to two terms and both president’s and the parliament term 5 years in line with the 19th Amendment.
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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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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.
