News
Eran questions validity of IGP’s appointment
SJB MP Eran Wickramaratne alleged on Monday (04) that the procedure laid down in the Constitution in respect of approving appointments to high posts by the Constitutional Council (CC) had been violated. The former UNP State Minister said so commenting on the appountment of Deshabandu Tennakoon as the IGP. As the CC hadn’t adhered to due process, the new IGP’s appointment deemed to have been made violating the Constitution.
Addressing the media at the Opposition Leader’s Office, the Colombo District MP said that the President had nominated the Acting IGP Deshabandu Tennakoon as the IGP . According to the 21st Amendment to the Constitution, the President has the option of nominating anyone to the post of IGP and he is the appointing authority but subjected to the approval given by the CC.
The MP said: “When a name is proposed for an appointment to the Constituional Council it is usually expected to be approved initially by a unanimous decision based on general consensus. If there is no agreement, another name can be proposed to avoid the misunderstanding between the executive and the legislature.”
“However, even if there is no agreement, a vote should be held.”
In the case of approval being given by vote there should at least be five votes in favour of an appointment. The Speaker or the presiding officer has no voting power. Depending on the number of members representing the CC there is a possibility for a tie with four votes to each side. In such a case the Speaker has the deciding vote.
In the case of approving the appointment of the IGP there were four votes in favour two against and two refrained from voting to either side. Accordingly votes received fourwere in favour and two against it proving that the appointment of Mr. Tennakoon as the IGP was not approved by the CC. As it was not a tie the Speaker has no right to cast a vote. This proviso is mentioned in Article 41 E 4 of the Constitution. Speaker has actually acted in mala fide, he said.
Accordingly, as per articles of the Constitution, the appointment of the current Inspector General of Police is an appointment that has not been approved by the Constituent Assembly. Therefore, Wickramaratne emphasized that it is also a violation of the constitution.
The official appointment letters for the members of the newly established “Cricket Transformation Committee” (CTC) were handed over on Monday (04) by the Minister of Youth Affairs and Sports, Sunil Kumara Gamage.
The following members received their letters of appointment at the Ministry premises:
Sidath Wettimuny
Thushira Radella
Prakash Schaffter
Ms. Avanthi Colombage
The Ministry also noted that veteran cricketers Roshan Mahanama and Kumar Sangakkara, who are key members of the committee, are currently overseas. Their official appointments will be formalised immediately upon their arrival in Sri Lanka.
The Cricket Transformation Committee has been mandated to oversee the administration and drive structural reforms within Sri Lanka Cricket (SLC) in accordance with the powers vested in the Minister under the Sports Act No. 25 of 1973.
Three prison guards attached to the Welikada Prison have been arrested by Borella Police following the death of an inmate on Monday (04).
‘Bar Association must reveal its stand’
Civil society group ‘Free Lawyers’ has requested Chief Justice Preethi Padman Surasena to probe whether political pressure was brought on a Magistrate, or a High Court Judge, in respect of an ongoing high profile case.
Speaking to The Island on behalf of ‘Free Lawyers,’ Rajith Keerthi Tennakoon said that they felt the urgent need to seek the CJ’s intervention, following the May Day declaration by President Anura Kumara Dissanayake that the verdict of a case that was heard on 30 April would be given on 25 May. Tennakoon said that addressing the NPP’s main May Day rally at Maharagama, the President asked the people to be ready to celebrate that verdict. The President couldn’t have said so if he hadn’t been aware of the impending verdict, Tennakoon said, while emphasising the responsibility on the part of the Bar Association to state its position on the issue.
‘Free Lawyers’ recently captured pubic attention following its exposure of the theft of USD 2.5 mn from the Treasury.
Responding to a query, Tennakoon said that on behalf of ‘Free Lawyers,’ Maithri Gunaratne, PC, on Monday, 4 April, wrote to both CJ Surasena and President of the Bar Association Rajeev Amarasuriya.
Alleging that President Dissanayake’s declaration caused immense harm to the independence of the judiciary and raised controversy over the judgement that would be given on 25 May, ‘Free Lawyers’ organisation also asked the CJ to inquire into whether the entire judicial process was under political pressure.
Tennakoon said that they expect the Bar Association to reveal its position on President Dissanayake’s statement. Tennakoon pointed out that during the May Day address, President Dissanayake made reference to 15 cases that were to be taken up during this month, whereas Transport, Highways and Urban Development Minister, as well as Leader of the House Bimal Rathnayake, mentioned nearly 10 names of politicians, both sitting and former lawmakers, to be summoned beginning, May.
Tennakoon said that the NPP appeared to have used May Day to counter growing accusations over the Colombo port container controversy, coal scam, Rs 13.2 bn NDB fraud and theft of USD 2.5 mn from the Treasury and USD 625,000 from the Sri Lanka Postal Service.
By Shamindra Ferdinando
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