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Explanation sought from govt; Douglas silent on issue at Romesh de Silva Committee
North granted land powers:
By Shamindra Ferdinando
Sri Lanka’s Ambassador in Myanmar, Prof. Nalin de Silva, has said that the government owes an explanation as regards EPDP leader Douglas Devananda’s recent claim that the current administration granted the Northern Province (NP) land powers in terms of the 13th Amendment to the Constitution.
Responding to The Island report headlined ‘North granted land powers’ published on 19 Feb, Prof. de Silva emphasised the responsibility on the part of the government and Devananda, who holds the fisheries portfolio to set the record straight as far as he was concerned Provincial Councils never received police and land powers.
The NP consists of the administrative districts of Jaffna, Kilinochchi, Mullaitivu, Mannar and Vavuniya. Prof. de Silva challenged Devananda’s claim that the NP had received land powers hitherto enjoyed by other Provincial Councils.
The retired Academic underscored the pivotal importance in establishing whether provinces other than the North exercised land powers before it was granted the same.
According to a missive from Prof. de Silva received by The Island, the academic asked what were the specific land powers granted to the North, did the government act in terms of the 13th Amendment to the Constitution and when exactly such powers were granted? Ambassador de Silva pointed out that even in the absence of the 13th Amendment to the Constitution; respective Land Commissioners enjoyed certain powers. Therefore, it would be pertinent to ask whether powers in terms of the 13th Amendment, too, had been granted, Prof. de Silva said pointing out that Devananda had faulted Public Security Minister retired Rear Admiral Sarath Weerasekera for taking a public stand against the devolution of power to the Provinces.
Prof. de Silva said that the vast majority of the Sinhala community was of the same opinion that if necessary a referendum could be held on the devolution of powers.
He referred to a court ruling that a particular land matter couldn’t be dealt in terms of the 13th Amendment to the Constitution.
The academic turned diplomat questioned the rationale behind the EPDP leader’s claim. Although politicians routinely made all sorts of claims, Devananda’s declaration couldn’t be taken lightly as he was a member of the cabinet of ministers.
Prof. de Silva speculated on the possibility of Devananda’s claim being part of propaganda as he battled with other Tamil political parties based in the Northern Province.
Recently, the Indian High Commission discussed with TMVP lawmaker Sivanesathurai Chandrakanthan alias Pilleyan and former MP Vinayagamoorthy Muralitharan aka Karuna, both former members of the LTTE, the need for the full implementation of the 13th Amendment to the Constitution.
Referring to the roles played by President Gotabaya Rajapaksa and Prime Minister Mahinda Rajapaksa in the government and the SLPP, respectively, Ambassador de Silva appreciated the recent decision taken by SLPP constituents to meet under the President’s leadership. He said that the decision should have been taken earlier. Emphasizing that President Gotabaya Rajapaksa was the leader of the SLPP-led coalition in power, Amb de Silva said that Minister Devananda had quite rightly recognized the ground realities. Prof. de Silva said now that the SLPP constituents would meet once in two weeks, Devananda would get an opportunity to discuss matters of mutual interest such as the operation of Provincial Councils system with the focus on land powers.
Amb. de Silva explained that it was important to understand who was in control of the incumbent administration. The mathematician emphasized that the coalition led by President Gotabaya Rajapaksa was in control, not the SLPP as believed by many.
Meanwhile, Minister Devananda on Saturday (20) appeared before the government appointed 9-member committee tasked with formulating a new Constitution. The committee headed by Romesh de Silva, PC is in the process of receiving representations from political parties. Well informed sources told The Island that during Saturday’s representations Minister Devananda didn’t make reference to the NP being granted land powers.
Successive governments refrained from implementing land and police powers though President JR Jayewardene set up Provincial Councils in terms of the 13th Amendment enacted under Indian pressure in the late 80s with those provisions.
All Provincial Councils are defunct due to the failure on the part of the previous government to conduct elections though Governors appointed by the executive run them. Government sources said that a section of the government was opposed to polls before Romesh de Silva’s committee finalized its proposals. Sources said that the proposed Constitution would be ready by April for consideration of the cabinet.
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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.
