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‘Amendments to proposed Amendment highlight continuing chaos’
20 A: SLPP’s assurance as regards revisions to SC victory for Opp. – SJB MP
By Shamindra Ferdinando
The Attorney General having had to assure the Supreme Court that amendments would be moved to the proposed 20th Amendment during the Committee Stage revealed the chaotic way the ruling Sri Lanka Podujana Peramuna (SLPP) led coalition undertook high profile political project, Matale District Samagi Jana Balavegaya (SJB) lawmaker Rohini Kaviratne said.
There couldn’t be any other explanation, MP Kaviratne said, pointing out the absence of proper consultations within the SLPP parliamentary group proved beyond doubt sharp differences within the coalition. The lawmaker acknowledged that the SJB led Opposition had rallied around the 20th Amendment and was pursuing a common strategy, both in and outside parliament. “Whatever the circumstances, the government’s submissions to the Supreme Court is a victory for the Opposition,” the lawmaker said.
Moving the Supreme Court against the proposed amendment had been in line with the overall Opposition project, MP Kaviratne said, asserting the government seemed to have suffered quite a setback.
Responding to another query by The Island, MP Kaviratne faulted the way the cabinet cleared the 20th Amendment draft for the issuance of the gazette on Sept. 2 and then assured the Supreme Court of amendments at the Committee Stage. The SJB member emphasized that the government’s assurance as regards amendments to the new piece of legislation was irrelevant as cases now heard were against what was now in the public domain.
Referring to a public meeting Ms. Kaviratne recently addressed at Kaikawala where she explained the status of the proposed amendment, the Matale District MP said that of the 57 sections in the 20th Amendment, 32 were to be altered. Those who had prepared the original and proposed amendments to the 20th Amendment bungled the whole project, she said.
MP Kaviratne faulted Viyathmaga for the 20th Amendment project. The former UNPer asked how the SLPP government considered verbal instructions issued by President Gotabaya Rajapaksa as circular having failed in bid to introduce the 20th Amendment.
Lawmaker Kaviratne said the SLPP owed an explanation as regards the recommendations made by the nine-member Prime Ministerial Committee headed by Education Minister Prof. G.L. Peiris as well as concerns expressed by the National Joint Committee (NJC) and the Federation of National Organizations (FNO) as those groups backed the SLPP at both presidential and parliamentary polls. Did the government take their recommendations and concerns into consideration before the Attorney General made submissions to the Supreme Court on behalf of the government? MP Kaviratne asked.
Lawmaker Kaviratne also welcomed the fresh initiative launched by civil society grouping National Movement for Social Justice (NMSJ) to thwart the SLPP project. The former UNPer said that the opposition to the 20th Amendment was growing with even the UN Human Rights Chief raising serious concerns at the onset of Geneva sessions. Obviously, the SLPP never expected the parliamentary Opposition et al to swiftly reach consensus on a common programme in the wake of presidential and parliamentary polls defeats, the MP said.
The SJB member asked whether the SLPP really commanded 150 votes in parliament though on its own the SLPP won 145 seats at the general election. “They won 145 seats. In addition to them, there are three more – one each from the SLFP, Sivanesanthurai Chandrakanthan and A.L.M. Athaulla. Still they are short of 150,” MP Kaviratne said.
The SLPP seemed to have believed that it could take advantage of unprecedented victory at the general election to go ahead with the controversial project, she said. The 20th Amendment however had caused so much turmoil, the government was already on the back foot, the SJB MP declared.
She said that the Opposition received a huge boost thanks to SLPP’s muddled political operation. The SLPP caused itself immense damage by seeking to do away with State auditing as well as the procurement process meant to curb waste, irregularities and corruption. The SLPP could have justified the President’s bid to take over the defense portfolio in the wake of Easter Sunday attacks, the MP said. The government could have avoided a lot of trouble if the ruling coalition consulted constituents and the Parliamentary Opposition, she said. Now the matter was before the Supreme Court, MP Kaviratne said, expressing confidence the judiciary would take remedial measures.
Commenting on the AG making submissions on behalf of the government having declared that the 20th Amendment needed to be approved by 2/3 majority, MP Kaviratne pointed out that the Court of Appeal allowed Premalal Jayasekera to attend parliament contrary to the position taken by the AG.
The AG gave the opinion that Jayasekera sentenced to death by Ratnapura High Court over the killing in January 2015 couldn’t take oaths as an MP.
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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.
