Govt. ally, NFF, protests against dismissal of its proposals
By Shamindra Ferdinando
General Secretary of the National Freedom Front (NFF) S. Wijayasiri, on behalf of its leader Wimal Weerawansa, in a letter to Prime Minister Mahinda Rajapaksa has warned of dire consequences, if the government went ahead with the proposed 20th Amendment to the Constitution regardless of growing public opposition.
Colombo District MP Weerawansa said that his party wouldn’t accept responsibility for political fallout if the government refused to heed advice.
The ruling Sri Lanka Podujana Peramuna (SLPP) parliamentary group comprises five NFF lawmakers, including one National List member.
Referring to Attorney General Dappula de Livera’s assurance to the Supreme Court regarding amendments that were to be made to the 20th Amendment at the Committee Stage in Parliament, the NFF pointed out that none of those critically important recommendations made by Weerawansa to a 9-member committee appointed by the Premier were accommodated by the Attorney General.
The NFF expressed serious concern over what the party called the following three vital points ignored by the government (1) Depriving the Auditor General of his right to examine accounts of those enterprises in which the government held controlling shares (ii) re-introduction of urgent bills and (iii) paving the way for dual citizens to contest parliamentary polls instead of extending the prohibition to those receiving diplomatic postings and other senior public sector appointments.
Appreciating Premier Mahinda Rajapaksa being sensitive to concerns raised by constituents of the SLPP as well as the public, the NFF said that refusal on the part of the government to heed such criticism would be detrimental to the administration.
The NFF assured the Prime Minister that it would take into consideration the ongoing anti-Sri Lanka and anti-government project in progress while deciding its stand on the 20th Amendment. In spite of sharp differences over the proposed piece of legislation, the NFF reiterated its commitment for the protection of the government and the mandate received from the people.
Weerawansa was represented in the 9-member committee that was led by Education Minister who is also the Chairman of the SLPP Prof. G.L. Peiris. Nimal Siripala de Silva and Udaya Gammanpila represented the SLFP and the PHU, respectively in the committee appointed by the PM that drew up some changes to the proposed 20A.
Weerawansa is the first party leader to publicly express concern over the government refusal to take their concerns as well as those of the public amidst the ongoing Supreme Court hearing of petitions filed against the 20th Amendment. Hearings commenced on Sept 29. The Supreme Court is constitutionally responsible to rule on the petitions by or before Oct 12. Among those 39 petitions filed against the 20th Amendment was one by Prof. Ratnajeevan Hoole, member of the Election Commission (EC).
The NFF appreciated efforts made by Premier Mahinda Rajapaksa to reach consensus among SLPP constituents on the proposals made by the NFF and other members of the Prof. G.L. Peiris’ committee.
Meanwhile, PHU leader and attorney-at-law Gammanpila told The Island that there was no basis for speculation that the government was having talks with the All Ceylon Makkal Congress (ACMC) to secure its backing for the passage of the 20th Amendment. Gammanpila said that there were no negotiations with ACMC leader Rishard Bathiudeen whatsoever. The minister said so in response to The Island queries as to whether his party would change stand taken jointly with the NFF in the run-up to the general election that they wouldn’t accept Bathiudeen in the cabinet under any circumstances. The Island sought an explanation from Gammanpila how the public perceived Internal Security Minister Chamal Rajapaksa meeting Bathiudeen in Vavuniya close on the heels of the former minister’s brother Riyaj who had been held in custody for more than five months under the Prevention of Terrorism Act (PTA) in connection with his alleged involvement in 2019 Easter Sunday attacks.
ACMC parliamentary group consists of four elected on the Samagi Jana Balavegaya (SJB) ticket at the 2020 August general election.
Opposition political parties, civil society and other interested parties have sought the Supreme Court intervention expecting a referendum in addition to 2/3 majority in parliament as proposed by the Attorney General.
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AG not bound by its recommendations, yet to receive report
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.
JVP picks holes in PCoI report
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.