brand logo

Political victimisation commissions defunct

08 Sep 2022

  • Susil says AG communicated this to President's Secretary
  • Says no need to abolish, as already defunct
BY Buddhika Samaraweera   Noting that President Ranil Wickremesinghe is expecting to take necessary steps if the need arises to abolish the Presidential Commission of Inquiry (PCoI) into alleged incidents of political victimisation that took place during the period from 2015 to 2019, and the Special PCoI (SPCoI) which was appointed to implement the said PCoI's recommendations, Leader of the House and Minister Susil Premajayantha said however, that Attorney General (AG) Sanjay Rajaratnam PC has informed that a need does not arise to abolish the said PCoI and SPCoI, as they are already defunct. Janatha Vimukthi Peramuna (JVP)-led National People's Power (NPP) Leader MP Anura Kumara Dissanayaka yesterday (7) raised a question in Parliament as to what action would be taken by the President and the Government with regard to the said PCoI and SPCoI. In response, Premajayantha said that a total of 10 cases have been filed before the Supreme Court (SC), and the Court of Appeal (CoA) challenging the recommendations made by the PCoI. Out of the relevant cases, he said that the petition before the CoA bearing number CA/Writ/364/2021 has been filed by Wickremesinghe, and that the Fundamental Rights (FR) case before the SC bearing number SC/FR/58/2021 has been filed by the incumbent President's Secretary Saman Ekanayake. “Ekanayake has asked AG Rajaratnam PC, through a letter dated 25 August 2022, as to whether the said PCoI and SPCoI can be abolished. In response to the query, the AG has informed Ekanayake through a letter dated 3 September that there is no need to abolish the said PCoI and SPCoI as their authority and power have already ended, and because they no longer exist,” he said, and added also that the SPCoI of which the tenure ended on 28 April 2022, has not presented a final report. According to Premajayantha, the AG has informed Ekanayake that since the bodies established under Article 105 of the Constitution which deals with the establishment of Courts do not include the PCoI and the SPCoI, a PCoI cannot make a decision on a verdict given by a Court. The AG has further stated that it is observed that the PCoI is not a court, and that its officers are not judicial officers either. “The AG has also informed that the President has been empowered to consider the recommendations of a PCoI, if any, and to take further action in that regard. Taking these facts and the decisions that would be made by the Courts with regard to the cases that have been filed challenging the PCoI, and its recommendations into account, the President expects to take steps, if necessary, to abolish these Commissions,” he said. At this point, Dissanayaka questioned Premajayantha as to why the AG does not appear before Courts when the cases that have been filed seeking orders that prevent the PCoI's recommendations from being implemented are taken up, and inform that the Government has decided not to implement the relevant recommendations. If the AG does so, he said, the cases that have been filed in this regard can be withdrawn. In response, Premajayantha said: “There are 10 cases that have been filed before the SC and the CoA in this regard. What I read was a reply letter from the AG to the inquiry made by Ekanayake. I will inform Ekanayake about this matter too, so that he can send a letter to the AG.” Furthermore, both Dissanayaka and Samagi Jana Balawegaya (SJB) Opposition MP Dr. Rajitha Senarathne whose name is also included in the list of those against whom the PCoI has made recommendations, raised concerns over the expenditure on the said PCoI and SPCoI. “Now, after doing all this, they finally say that this is over as there is no law. Then, tell us how much money has been spent on this. Let us know from whom that money will be charged. It will be a good precedent for any arbitrary leader who will appoint arbitrary commissions in the future. Otherwise, what those who were in this PCoI were paid should be taken back. These are public funds,” said Dr. Senarathne. Premajayantha said in response: “The answer to that question is not here. If any money has been spent, I will let you know how much. I will inform the AG.” Dissanayaka, during his query regarding the said PCoI, said that there was a great discussion in the society that the scope assigned to this PCoI was not fair, and that the PCoI has exceeded its powers. He said that the PCoI had even recommended to withdraw cases that have been filed in connection with fraud and corruption, to reinstate the officials who have been accused, and to compensate the relevant persons, which is a total abetment of fraud and corruption. “The Chairman of the PCoI, retired SC Judge, Justice Upali Abeyratne behaved in such a way that he overpowered the AG's Department, the Police, the Judiciary, and political corporations. No one was allowed to testify before the said PCoI, and 108 cases were heard and the decisions were given in a few months. Some complaints were those that had been received after the due date, and certain documents were attached as annexures when the tenure of the PCoI was over. Billions of public money was wasted, and this PCoI's conduct led to the complete collapse of the Judiciary, law and investigating institutions,” he claimed. Claiming that it is the Government's right to accept or deny the PCoI's recommendations, Dissanayaka said that if the Government is denying the relevant recommendations, it should inform the Parliament as to what action would be taken against Abeyratne who Dissanayaka claimed has undermined the trust of the people in the Judiciary, the institutions that are carrying out investigations, and the PCoIs. In January, 2020, then President Gotabaya Rajapaksa appointed a three-member PCoI to inquire into alleged incidents of political victimisation that took place from 2015 to 2019. Following its conclusion, the SPCoI was established to implement the recommendations that resulted from the PCoI’s activities. The SPCoI had issued charge sheets against nine respondents, including the then MP Wickremesinghe. However, the sittings of the SPCoI had been concluded without preparing a final report. When contacted by The Morning in June, 2022, Additional Secretary to the President Buwaneka Herath, who was the Secretary of the SPCoI, stated that the term of the said SPCoI has ended as it was not extended by the then President Rajapaksa.  


More News..