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PM praises 20A, explains what went wrong with 19A brought in to ‘suppress Rajapaksas’
By Saman Indrajith
Prime Minister Mahinda Rajapaksa yesterday (21) told Parliament that he was happy and proud of the 20th Amendment to the Constitution for it would become law without any political deals to get it passed in Parliament.
Participating in the second reading stage debate on the amendment bill, the Prime Minister said that instances of constitutional reforms in history were full of political deals to obtain votes from other parties to pass those bills. “There is neither such pressure nor political deal in this instance,” he said.
The 20th Amendment was brought to remove the 19th Amendment which had plunged the country into anarchy and was rejected by the people, Prime Minister Rajapaksa said.
The PM said people had given the SLPP to strengthen the position of the President and therefore the 20th Amendment had been brought in to strengthen national security and repeal the 19th Amendment which destabilized the country.
The Prime Minister said that the government was not planning to continue with the existing Constitution would introduce a new constitution to build the nation fulfilling the long awaited aspiration of the people.
“No other Constitution has been criticised as much as this Constitution. Dr. NM Perera, Dr. Colvin R. de Silva and Sarath Muttettuwegama were the ones who initially opposed this constitution but, they are not alive today. However, we have no choice but to maintain this constitution. Although the SLFP opposes this Constitution, the Presidents produced by the SLFP have formed governments under it. Although UNP leader J.R. Jayewardene had introduced the present Constitution to prevent the SLFP from coming to power, the SLFP had ruled the country for the longest period by producing the highest number of residents. Therefore, all of us have been subjected to political ridicule under this constitution. But we have not been able to change this Constitution because one party could not get a two- thirds majority in Parliament under the PR system, but we have won a two-thirds majority. The people of this country wanted a government that would safeguard the sovereignty of the people without succumbing to foreign pressures and breaking up into factions.”
The PM said that when a Constitution was amended it was normal for various debates to arise in Parliament. “However, certain amendments in history have been made with MPs kept under pressure. But, we are not bringing this 20th Amendment to Parliament through political deals or by securing votes by exerting influence on anyone. That is why at this moment when the 20th Amendment is being brought, there is room for debate. On the other hand, I would like to ask whether the same could be said about the 19th Amendment. At that time the Maha Sangha or anyone was not allowed to protest. Therefore, we can be happy about the manner in which the 20th Amendment is being debated respecting the democratic rights of the people without any underhand deal making involved.”
The PM said that the 19th Amendment was solely aimed at taking revenge from the Rajapaksa family and to target the civic rights of the Rajapaksas. But unfortunately, it had only jeopardised the national security and unity of the country.
“Some people rejoiced when the President’s wings were clipped, not realising that such action would endanger national security. The Head of former State Intelligence Service has revealed before the Presidential Commission of Inquiry probing the Easter Sunday attacks that at least 10,000 officials had been aware that the terror strikes would happen but could do nothing to prevent the attack.”
In addition the Prime Minister noted that the president did not even have the power to remove the IGP even after such a tragedy or even to transfer inefficient police officers. “Only the Police Commission can do that. But it was a mystery as to who the Police Commission was answerable to.
“The state intelligence and other intelligence services were very strong during our time. But after the introduction of 19th Amendment, the CID was used to hunt down Opposition politicians. As a result, the efficiency of services such as the CID intelligence deteriorated. Now, the CID could not apprehend Rishad Bathiudeen fast. Rishad’s younger brother who was allegedly linked to terrorists has been released on bail by the police. No there is nothing that can be done about that.”
Prime Minister Rajapaksa said that officials from the Attorney General’s Department had been summoned to Temple Trees to conduct an anti-corruption committee during the previous regime. For five years Temple Trees had spent a colossal sum of money to maintain that committee. “Even the officials of the then Attorney General’s Department have publicly stated that the committee was illegal. But has the Independent Audit Commission audited the huge expenditure incurred by this committee? Is there a report submitted to this country after such an audit?”
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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.
