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China blames India for tension on the border

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BY S VENKAT NARAYAN

Our Special Correspondent

NEW DELHI, December 11: China on Thursday said “the responsibility totally lies with the Indian side” for the situation along the Line of Actual Control (LAC). This was in response to Indian External Affairs Minister Dr Subrahmanyam Jaishankar’s statement that China had violated border agreements by deploying a large number of soldiers along the border.

Speaking at a virtual session with the Sydney-based Lowy Institute on Wednesday,

Jaishankar had said that China had given India “five differing explanations” for its unprecedented deployment of forces on the LAC this summer,

“We are today probably at the most difficult phase of our relationship with China, certainly in the last 30 to 40 years or you could argue even more,” he had said. He added that “the relationship this year has been very significantly damaged” by China violating border agreements under which both sides would not deploy large number of forces along the LAC.

“Now for some reason, for which the Chinese have to date have given us five differing explanations, the Chinese have violated it,” he said. “The Chinese have literally brought tens of thousands of soldiers in full military preparation mode right to the LAC in Ladakh. Naturally the relationship would be profoundly disturbed by this.”

China has stationed 50,000 People’s Liberation Army (PLA) troops along the Sino-Indian border in Ladakh, forcing India to do the same on its side of the border.

Responding to a question about Jaishankar’s statement, Chinese Foreign Ministry Spokesperson Hua Chunying said in Beijing: “The merits of the situation are very clear”.

“China and India are neighbours and the world’s two biggest emerging markets and keeping good relations serves the fundamental interests of both countries and its people but it requires common efforts from both sides,” Ms Hua said.

“The merits of the situation at the border area are very clear and the responsibility totally lies with the Indian side. China has been strictly observing the agreements signed between the two sides and committed to resolving the border issue through dialogue and we are committed to safeguarding regional peace and tranquillity at border areas…

“But like all sovereign states, we are determined in safeguarding our territorial integrity. So on the Indian side, I think this is a serious question on what it should reflect upon.”

Jaishankar had also made clear that it was impossible for the relationship to continue as normal given the situation on the LAC.

“We are very clear that maintaining peace and tranquillity along the LAC is the basis for the rest of the relationship to progress,” he said. “You can’t have the kind of situation you have on the border and say let’s carry on with life in all other sectors of activity. It’s just unrealistic.”

The Chinese side, however, has in recent statements sought to de-link the border situation from other aspects of the relationship such as economic ties, and called for India to put the boundary dispute in a “proper” position. India has said this is untenable as peace on the border is a prerequisite for the relationship.

China also so far has not signalled any willingness to return to the status quo prior to May’s multiple transgressions by the PLA. Both sides have held eight rounds of talks at the Corps Commander level, the last of which was held on November 6, but are yet to agree on a plan to disengage.

Ms Hua repeated that view on putting the border tensions in a “proper” position on Thursday. She said: “We hope India can work with us and contribute to solidarity, cooperation and common development.”

“There are challenges in bilateral relations but China’s position and policy on India hasn’t changed,” she said. “As two major countries and emerging markets, keeping good relations serves the fundamental interests of both and we will stay committed to safeguarding the peace and tranquillity in the border area.

“On the historical issues, China believes that we should find fair, reasonable and mutually acceptable solutions based on equal-footed consultation and put it on the proper position in our bilateral relations. We hope we can reach a consensus, properly manage differences, enhance practical cooperation and bring our bilateral relations back on the right track.”

 

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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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