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Opp. alleges move to strip Ranil, SF, Rajitha, Patali, others of civic rights
‘Political Victimisation’ PCoI report:
by Shamindra Fedinando
An Opposition political grouping has accused the SLPP government of planning to deprive civic rights of several members of parliament and ex-MPs.
Opposition activists former Deputy Minister Karu Paranavithana, Attorney-at-Law Crishmal Warnasuriya, Attorney-at-Law Shiral Lakthilaka and Ananda Lanarolle alleged the government targeted former Prime Miniter and UNP leader Ranil Wickremesinghe, SJB MPs Patali Champika Ranawaka, Dr. Rajitha Senaratne and Field Marshal Sarath Fonseka, JVP leader Anura Kumara Dissanayake, SLMC leader Rauff Hakeem and TNA leader R. Sampanthan on the basis of the report of the Presidential Commission of Inquiry (PCoI) into Political Victimization.
Public servants implicated in the PCoI report, too, face the possibility of losing civic rights.
The issue was taken up at a press conference called at the National Library and Documentation Services Board on Friday (5).
The PCoI consisted of retired Supreme Court Judge Upali Abeyratne, retired Court of Appeal Judge Daya Chandrasiri Jayathilake and retired IGP Chandra Fernando. Ms. Pearl Weerasinghe functioned as the Secretary to the PCoI.
President Gotabaya Rajapaksa received the report on January 8. The President appointed the PCoI on January 20, 2020.
The PCoI inquired into alleged cases of political victimization that took place in the wake of investigations conducted by the Commission to Investigate Allegations of Bribery or Corruption, FCID, CID and the Special Investigation Unit of the Police from January 8, 2015 to November 16, 2019.
Lakthilaka alleged that President Gotabaya Rajapaksa was planning a Myanmar style authoritarian rule. The SJB National List nominee said that the electorate empowered Gotabaya Rajapaksa at the Nov 2019 presidential poll, in spite of them repeatedly warning of the looming threat of dictatorship in case the SLPP candidate won.
Alleging that the Justice Abeyratne committee report had been prepared outside the existing law, one-time advisor to President Maithripala Sirisena warned of dire consequences if the government exploited the report to advance its despicable political agenda. Lakthilaka claimed that PCoI project threatened the very basis of the country’s judiciary.
Asked to explain what the Bar Association of Sri Lanka’s role should be, Lakthilaka told The Island yesterday (7) that if the BASL, the Law Commission and the Justice Minister addressed the issues at hand, there was no requirement for them to take it up. Pointing out that the BASL election was around the corner, Lakthilaka said that the primary body representing the interests of the lawyers and the Law Commission couldn’t remain silent on the matter.
Addressing Friday’s media briefing, lawyer Lakthilaka urged President Gotabaya Rajapaksa not to abuse and exploit available laws and the follow democratic way of governance.
Karu Paranavithana said that the PCoI process threatened Sri Lanka’s judicial system. Pointing out that the electorate overwhelmingly empowered Gotabaya Rajapaksa with executive powers, the former Deputy Media Minister alleged the President was bent on seeking dictatorial powers. Paranavithana compared what he called judicial crisis in Sri Lanka with Myanmar military seizing executive, parliamentary and judicial powers for a period of one year.
Paranavithana also claimed that the Abeyratne report had created necessary ground situation for an authoritarian administration.
The former yahapalana MP questioned the justification in appointing a Special PCoI to examine the Abeyratne report. The Special PCoI was established by way of a gazette extraordinary, dated January 29, 2021. The Special PCoI will be chaired by Supreme Court Justice Dhammika Samarakoon and will also comprise SC Justice Kumuduni Wickremasinghe and Court of Appeal Judge Ratnapriya Gurusinghe.
Lawyer Warnasuriya asked whether a Special PCoI could be appointed to examine PCoI report appointed in terms of another Act. Warning of calculated efforts to undermine the supremacy of the judiciary, Warnasuriya expressed confidence that those who had been appointed to the Special PCoI, too, would recognize the looming danger. Warnasuriya assured that whatever the challenges; they would definitely stand by the public and do everything possible to thwart the SLPP’s political project.
Ananda Lanarolle urged all members of the judiciary to take a common stand.
Meanwhile, former Additional Solicitor General Srinath Perera told the media that the Abeyratne report if implemented could destroy the public faith in the judiciary. Perera explained how the government sought to exploit the report to its advantage at the expense of all democratic institutions and cleared those near and dear to the administration who had been found guilty of courts or were currently facing proceedings.
Opposition activist Lal Wijenayake yesterday told The Island that the judiciary would be definitely moved against the government in that regard. Wijenayake said that they were in the process of discussing ways and means of tackling the threat and judicial measures would be taken.
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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.
