New Constitution making process underway
By Shamindra Ferdinando
Deputy Leader of the breakaway JVP faction-National Freedom Front (NFF) Jayantha Samaraweera, yesterday (29) told The Island that his party recently submitted 23 proposals to the nine-member expert committee appointed by the Cabinet of Ministers to draft a new Constitution.
President’s Counsel Romesh de Silva leads the expert committee, named in early September, this year.
The proposals consisted of what shouldn’t be included in the new draft Constitution under any circumstances, what should be retained from the current Constitution, sections that needed to be rectified, executive presidency and electoral reforms, the Kalutara district lawmaker said.
State Minister Samaraweera said that he had posted the NFF’s set of proposals to the committee after an attempt to hand it over personally to Room No 32 (Block 2) of the BMICH, where the committee is located, failed last Thursday (26).
Samaraweera was accompanied by General Secretary of the party S. Wijesiri, politburo member Nimal Piyatissa, MP and Uddika Premaratne, MP. A constituent of the SLPP (Sri Lanka Podujana Peramuna), the NFF group in the 145-member government parliamentary group is represented by six members.
Responding to a query, State Minister of Warehouse Facilities, Container Yards, Port Supply Facilities and Boats and Shipping Industry Development Samaraweera said that their proposals reflected the aspirations of those who voted for Gotabaya Rajapaksa and the SLPP led coalition at the 2019 presidential and 2020 parliamentary polls, respectively.
The expert committee consists of Romesh de Silva, PC, Gamini Marapana, PC, Manohara de Silva, PC, Sanjeewa Jayawardena, PC, Samantha Ratwatte, PC, Prof. Naseema Kamurdeen, Dr. A. Sarveshwaran, Prof. Wasantha Seneviratne and Prof. G.H. Peiris.
Justice Minister Ali Sabry, PC, assured Parliament late last October that the government would present the draft of the proposed Constitution to the House within one year. The assurance was given during the debate on the second reading of the 20th Amendment to the Constitution on Oct. 22.
Responding to another query, the State Minister said the proposed new Constitution should ensure the country’s stability, protect the unitary status, thwart the separatist agenda, protect Buddhism, guarantee human rights of all, protect archeological heritage, food security and non-aligned foreign policy.
SLPP Chairman who is also the Education Minister Prof. G.L. Peiris yesterday told The Island that the party was ready to swiftly respond to the expert committee if it sought to ascertain their views on any matter in respect of the draft constitution. Prof. Peiris emphasized that President Gotabaya Rajapaksa and the SLPP received two massive mandates at the presidential and parliamentary polls to bring in a new Constitution. Well informed sources told The Island that the committee was trying to meet the original deadline to finish the assignment within six months. Therefore, the committee was planning to finalize the document ahead of Sinhala and Tamil New Year. Recently the Justice Ministry extended the time to accept proposals till Dec 31, 2020. Sources said that the committee so far hadn’t received proposals from any major political party. Perhaps, NFF proposals had been delayed in the post, sources said, adding that attorney-at-law Nagananda Kodituwakku too had sent his proposals. The committee has sought views from interested parties on the (1) nature of the state (2) fundamental rights (3) language (4) directive principles of State Policy (5) the executive, cabinet of ministers, the public service (6) the legislature (7) franchise and elections, including referendum (8) decentralization/devolution of power/power sharing (9)the judiciary (10) public finance (11) public security and any other matter not specifically referred to by the Justice Ministry. In spite of the eruption of the second devastating covid outbreak in early Oct that hindered the expert committee, it could make progress thanks to Zoom technology, sources said. Progress had been made, sources said adding that recently face to face meetings resumed.
The NFF Deputy Leader said that they suggested to the expert committee that the authority to introduce laws should be the prerogative of parliament and under no circumstances should such powers be granted to administrative structures at provincial or district level. The NFF also proposed that special laws should be formulated to cater to the needs of any community, constitutional guarantee that administrative structures shouldn’t be named, changed or amalgamated in terms of particular ethnicity and an elected government should function as caretaker not as the owner and the right of the public should be held over the right of an individual as well as constitutional guarantee to protect the national wealth for future generations.
Lawmaker Samaraweera said that the NFF also proposed that the country shouldn’t enter into agreements contrary to non-aligned foreign policy and not allow any foreign power to use Sri Lanka territory for military purposes, transparency in foreign trade agreements, constitutional measures to prevent dual citizens from contesting the Presidency, entering parliament, commanding armed forces, IGP, Attorney General, Governor Central Bank, diplomatic posts and serve as Court of Appeal or Supreme Court judges.
The MP said altogether 23 proposals were made and the NFF expected the expert committee to give them due consideration. Samagi Jana Balavegaya Leader Sajith Premadasa couldn’t be contacted for his party’s position on the new Constitution making process. Fifteen political parties represent the current parliament. Nine of them have just one MP in parliament.
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AG not bound by its recommendations, yet to receive report
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.
JVP picks holes in PCoI report
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.