news
Expert Committee concerned over PC polls before reaching consensus on new Constitution
FNO urges govt. to keep its promise or face the consequences
By Shamindra Ferdinando
The nine-member Expert Committee tasked with preparing a preliminary draft for a new Constitution is concerned about the continuing push for Provincial Council polls before a consensus could be reached on constitutional proposals and electoral reforms, authoritative sources said.
The committee appointed in early Sept, 2020 on the recommendation of Justice Minister Ali Sabry, PC consists of Romesh de Silva PC (Chairman of the outfit), Gamini Marapana PC, Manohara de Silva PC, Sanjeewa Jayawardena PC, Samantha Ratwatte PC, Prof. Naazima Kamardeen, Dr. A. Sarveswaran, Prof. Wasantha Seneviratne and Prof. G.H. Peiris.
Authoritative sources told The Island that the Expert Committee had done a considerable amount of work and was confident of finalizing the report before the Sinhala and Tamil New Year.
Ministerial sources asserted that the PC polls could be held in April 2021 if agreement could be reached on a political agenda.
Except the National Freedom Front (NFF), a constituent of the ruling Sri Lanka Podujana Peramuna (SLPP), no other political party represented in parliament so far submitted their proposals to Romesh de Silva’s committee, sources said. Proposals can be submitted till next Thursday, Dec 31, 2020.
Sources said that the expert committee was apprehensive about the possibility of having PC polls ahead of the report. Such a development would be a setback to the process undertaken and automatically result in questions as regards the government’s sincerity, sources said.
In spite of serious problems that had been caused by continuing corona epidemic, Romesh de Silva’s committee was on track to finalize the report as originally planned. The committee is of the view that the PC polls should be delayed pending the finalization of the report.
The Island sought an explanation from Minister Sabry spearheading the effort on behalf of the government whether the SLPP would go ahead with PC polls before consensus could be reached on a new Constitution. Minister Sabry said that the cabinet of ministers would have to take a decision on it. “They haven’t made a decision yet. Some decision may come soon,” the justice minister said.
The Federation of National Organizations (FNO) that campaigned for the SLPP at both 2019 presidential and 2020 parliamentary polls, in a letter addressed to President Gotabaya Rajapaksa strongly advised against conducting PC polls before agreement could be reached on a new Constitution. FNO convenor Dr. Gunadasa Amarasekera told The Island that at the time the government secured two/thirds for the 20th Amendment an assurance was given to introduce a new Constitution. The government shouldn’t deviate from the original plan by conducting PC polls ahead of a new Constitution, Dr. Amarasekera said.
Conducting PC polls at the present juncture would cause irreparable damage to the ruling coalition, Dr. Amarasekera warned, while drawing the SLPP’s attention to the need to do away with the system that encouraged separatist agenda.
The FNO emphasized that the SLPP shouldn’t risk public ire by giving into those who still believed in devolution of power as the panacea for the North-East problem. Responding to another query, Dr. Amarasekera said that PC polls couldn’t be acceptable under any circumstances ahead of a new Constitution.
The civil society activist suggested that the government should consult its own expert committee tasked with formulating a preliminary draft for a new Constitution as regards the move to conduct PC polls.
Chairman of Elections Commission attorney-at-law Nimal Punchihewa recently told The Island that if the government desired a minor amendment could be moved in parliament to pave the way for PC polls under the previous system as the relevant Act had been amended.
Dr. Amaradasa urged the government not to bend backwards to appease those promoting separatist as well as religious extremism or face far reaching consequences.
Asked whether the FNO opposed devolution of power, Dr. Amarasekera said that there was absolutely no issue in decentralizing power on the basis of provinces or districts but with sufficient safeguards to prevent extremist elements exploiting the set up. Those tasked with formulating a new Constitution should propose proper framework that could address devolution issues without jeopardizing national interests. Therefore, re-establishing PCs under the existing system wasn’t acceptable to the vast majority of people, Dr. Amarasekera said. The renowned writer said that the government could either follow a sensible path by introducing a new Constitution or cause its own downfall by seeking to restore PC system.
EC Chairman Punchihewa told The Island that the PC system was intact though the elections hadn’t been held as scheduled during the previous administration. The functioning of the Office of the Governor in nine the provinces proved that the operation of the system, Punchihewa said, adding that the EC remained ready to move once the government took a decision.
Pic saved as ROMESH DE Silva and Dr Gunadasa Amarasekera
Author
- News Advertiesment
See Kapruka’s top selling online shopping categories such as Toys, Grocery, Flowers, Birthday Cakes, Fruits, Chocolates, Clothing and Electronics. Also see Kapruka’s unique online services such as Money Remittence,News, Courier/Delivery, Food Delivery and over 700 top brands. Also get products from Amazon & Ebay via Kapruka Gloabal Shop into Sri Lanka.
Author
-
sdfsdf sdf sf sf sdf sf sdf
Author
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.
Author
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.
