Following the order given by the Supreme Court (SC) on 12 January regarding the Easter Sunday terror attacks of 21 April 2019, the Cabinet of Ministers has approved the preparation of a Bill to establish the National Security Council (NSC) on a constitutional basis and with a clear composition.
Speaking at the weekly Cabinet media briefing yesterday (21), Cabinet Spokesman Dr. Bandula Gunawardana said that the SC, in its judgement with regard to several fundamental rights (FR) petitions filed over the Easter Sunday terror attacks, has recommended the need to establish the NSC on a constitutional basis, and with a clear composition. Accordingly, he said that the Cabinet had, at its meeting held on Monday (20), granted its approval for a proposal submitted by President and Minister of Defence, Ranil Wickremesinghe to instruct the Legal Draftsman’s Department to prepare a Bill through which the NSC could be legalised through an Act of Parliament.
The SC which ruled that former President and incumbent Opposition Parliamentarian Maithripala Sirisena, former Defence Ministry Secretary Hemasiri Fernando, former Inspector General of Police (IGP) Pujith Jayasundara, former State Intelligence Service (SIS) Director and incumbent Senior Deputy Inspector General of Police (SDIG) Nilantha Jayawardena and former Chief of National Intelligence, retired DIG Sisira Mendis have violated fundamental human rights by not preventing the Easter Sunday terror attacks, also ordered them to pay compensation to the victims of the attacks with Sirisena being ordered to pay Rs. 100 million as compensation. The 12 FR petitions filed by several parties including the Bar Association of Sri Lanka considering which the SC issued the said judgement, had claimed that Sirisena had instructed the relevant officials not to invite then Prime Minister Wickremesinghe and Jayasundara to the NSC, and not convened the NSC properly at the time of the said terror attacks. Taking such concerns into account, the SC had stated that it is evident that there is an urgent need to place the NSC on a statutory footing and for its composition to be specified with clarity. Stating that there is a necessity to revamp the security systems and Intelligence structures, the SC stated that the expanding threats of terrorism and emerging challenges could be nipped in the bud by doing so.
The NSC is the executive body of the Government that is charged with the maintenance of national security with the authority to direct the military and the Police. It was established in June 1999, by a gazette notification, by then President Chandrika Bandaranaike Kumaratunga following military setbacks during war related missions. The NSC came to national attention following the said terror attacks, when Wickremesinghe claimed that although a member, he was not invited to the NSC sessions chaired by President Sirisena following the 2018 Sri Lankan constitutional crisis (a reference to the removal of Wickremesinghe and the appointment of then Opposition Leader and incumbent Government MP Mahinda Rajapaksa as the Premier by Sirisena and subsequent events).
The NSC, which is Chaired by the President, is attended by the Premier, the Minister of Defence and the Defence Ministry Secretary, and its statutory members including the Chief of Defence Staff, the Commanders of the Tri-Forces and the IGP, and its appointed members including the Chief of National Intelligence and the SIS Director.