News
21 A: Sri Lanka Direct submit far reaching proposals; Prevention of crossovers among issues raised
Civil society grouping Sri Lanka Direct has forwarded a set of proposals to Justice Minister Dr. Wijeyadasa Rajapakse, PC, spearheading the efforts to promulgate the 21st Amendment to the Constitution.
Sri Lanka Direct comprising professionals in different fields has dealt with several issues, including the executive’s power to prorogue and dissolve Parliament, prevent crossovers and the appointment of Governors and heads of overseas missions.
The grouping asked the Justice Minister to share their proposals with the Cabinet of Ministers for due consideration and inclusion in the proposed amendment. A senior spokesperson for the group said that they expected the proposed amendment would be an interim arrangement before definitive changes at a future date which could require amendment necessitating a referendum.
The proposals are:
1. Article 44 of the
Constitution – Ministers and their subjects and Secretaries:-
It is our view that the President should not hold any portfolio and therefore Article
44(2) of the Constitution is best deleted / appropriately amended to reflect the same.
Articles 51 and 52 of the Constitution related to appointment of Secretaries:-
It is our submission that the appointments under Articles 51 and 52 of the Constitution, i.e. the appointment of the Secretaries to the Prime Minister, the Cabinet of Ministers and Ministries should be on the advice of the Prime Minister, and this is also important for purposes of practicality.
2. Article 41A – Constitutional Council:-
It was originally envisaged in the Draft Bill of the 19th Amendment to the Constitution that there would be greater representation by appointees from outside Parliament.
The present draft provides for three (3) such persons in a total of ten (10).
We urge that there be an increase in the outside parliament appointees towards increased citizen participation recognizing a greater role of the sovereign people to at least reflect a balance between appointees from Parliament. This is especially in the context where the role and function of the Constitutional Council is to ascertain objectively the suitability of nominations by the Executive and a Constitutional Council in the proposed format will not fully achieve that objective.
3. Persons / Institutions coming under the purview of the Constitutional Council:-
May we suggest that the following institutions also be brought under the purview of the Constitutional Council and the Constitutional Council should approve the appointments for the members of;
a) The Right to Information Commission.
b) The Office bearers of the Port City Commission.
c) The University Grants Commission.
d) The Members of the Monetary Board of the Central Bank of Sri Lanka.
4. The President’s Power to Prorogue and Dissolve Parliament:-
It is also submitted that the President’s Power to prorogue and dissolve Parliament unless by effluxion of its term as provided by the Constitution should only be on the advice of the Prime Minister.
5. Appointment of Governors and Heads of Mission Abroad:-
We also submit that in appointing Governors and Head of Missions Abroad, the President should only act on the advice of the Prime Minister.
6. Prevention of Crossovers of Members of Parliament:-
We are also deeply concerned on the impact that crossovers of Members of Parliament have on the system of governance and submit that suitable provision should be included to prevent unethical crossovers by Members of Parliament which are influenced by collateral motivations and which are against the will and intent of the sovereign people. One possible way of addressing this issue could be to introduce suitable provision disqualifying such Members of Parliament from accepting appointment as a Minister in terms of Articles 43, 44, or 45 of the Constitution upon such cross over.
We are making the above submissions in the considered view that the suggested changes will not necessitate the need for a referendum.”
News
Govt. urged to halt ‘illegal’ presidential pardons
By Shamindra Ferdinando
The government is coming under pressure from civil society organisations to formulate a clear ‘mechanism’ to deal with requests for presidential pardons.
Representing civil society organisations, Gamini Viyangoda yesterday flayed the NPP government for the delay in taking action against Ven. Galagoda Aththe Gnanasara Thera, after the Supreme Court declared the 2019 presidential pardon granted to him by President Maithripala Sirisena null and void. He said successive Presidents had abused their executive power to release convicted persons from prison.
Purawesi Balaya activist Viyangoda pointed out that the Supreme Court ruled that President Sirisena had acted arbitrarily and failed to independently consider the relevant materials before exercising his executive power.
The Court of Appeal, in August 2018, sentenced Gnanasara Thera, General Secretary of the Bodu Bala Sena (BBS), to six years rigorous imprisonment for contempt of court over his conduct during proceedings concerning missing journalist Prageeth Ekneligoda. Viyangoda said that those who had been affected by the monk’s conduct have the right to know on what basis the President released him, in May 2019.
The Court of Appeal yesterday (05) ordered the relevant authorities to enforce the remaining period of imprisonment imposed on the Thera.
Gnanasara Thera, who had been subject to an open warrant for his arrest, was produced before the Court of Appeal, today, by prison officials.
Having considered the submissions made before it, the Court of Appeal directed the Commissioner General of Prisons to take the necessary steps to enforce the remaining period of the sentence imposed on Gnanasara Thera. Police on Saturday (03) apprehended the monk at a forest monastery in Kalutara. The Colombo Magistrate’s Court on Sunday (04) ordered the Thera to be remanded in custody till Monday.
Appearing for Gnanasara Thera, Attorney-at-Law Iresh Seneviratne, together with Attorney-at-Law Pasan Karunaratne, told the court yesterday that his client had been experiencing severe mental distress and had therefore gone to an ‘Aranya Senasanaya’, where he had been staying.
Viyangoda said that examination of presidential pardons, executed over the years, would reveal how successive leaders exploited the executive power to appease their own. Responding to The Island queries, Viyangoda said that Sirisena, in Sept. 2019, just two months before the presidential election, granted Jude Shramantha Jayamaha a Presidential pardon.
Jude Shramantha Jayamaha was sentenced to 12 years by the High Court, but the Court of Appeal revised that sentence to death, in July 2012, which the Supreme Court later upheld. Viyangoda said that though the Supreme Court, in June 2024, declared that the particular Presidential action was illegal and arbitrary, law enoforcement authorities were yet to take tangible measures to enforce the court directive.
Viyangoda stressed that no President should exercise the right to pardon a convicted on his or her own without following laid out procedures. According to him, Sirisena appeared to have simply ordered the monk, and the convicted murderer, released in response to appeals received by him. A comprehensive investigation could identify those who had been involved in these wrongdoings.
News
GL urges cautious handling of Saudi death row case, blasts govt. over BRICS affair
Convenor of Janathawadi Joint Opposition, Prof. G. L. Peiris, yesterday (05) emphasised the responsibility on the part of the government and others to act cautiously when making representations in respect of Sivarasa Anojan facing death sentence in Saudi Arabia over a controversial social media post.
Addressing the media at former President Ranil Wickremesinghe’s Flower Road Office, Prof. Peiris emphasised that whatever representations should be made through the Foreign Ministry.
The one-time External Affairs Minister warned of dire consequences of political party leaders, members of Parliament and civil society making direct representations and trying to get in touch with various Saudi authorities over the phone.
Prof. Peiris said that those who intervened on behalf of Anojan should keep in mind that Sri Lanka should be mindful of the Saudi way of governance and sensitivities.
The former Minister questioned the circumstances Sri Lanka was left out of the recent BRICS summit held in New Delhi. He recalled how former President Wickremesinghe discussed Sri Lanka’s entry into BRICS with Russian President Putin and received an invitation for the Summit there but as a result of the change of government, in Sept. 2024, Sri Lanka ignored that invitation.
That resulted in Sri Lanka being left out from the New Delhi summit, Prof. Peris said.
Prof. Peiris pointed out the absurdity in sending the Foreign Secretary to the BRICS Summit in Russia instead of the President, PM or the Foreign Minister to represent the country.
Referring to the forthcoming conclusion of the current IMF programme, initiated during Wickremesinghe’s time, Prof. Peiris said that Sri Lanka lost a great opportunity to benefit from BRICS by failing to represent the country at a higher level at the Russian summit.
The BRICS nations established the New Development Bank (NDB), originally called the BRICS Development Bank, Prof. Peiris said.
Dismissing NPP government’s explanation regarding Iranian ships awaiting necessary supplies but deprived by US imposed restrictions, the former Minister strongly criticised the administration’s response. According to him, this government responded in a similar manner when the US sank an unarmed Iranian frigate just outside Sri Lankan territorial waters in March this year.
Prof. Peiris declared that the government’s assertion that the US restrictions weren’t only directed at Sri Lanka but all Iranian vessels in other regions as well was not acceptable (SF)
News
Shiranthi files anticipatory bail application
Former First Lady Shiranthi Rajapaksa, who is in Singapore, has filed an anticipatory bail application before the Maligakanda Magistrate’s Court, seeking an order preventing her arrest in connection with an ongoing investigation into the financial affairs of the Siriliya Saviya organisation.
The former First Lady left for Singapore on 16 Sept., and the police handed her a notice at the airport, directing her to appear before the Financial Crimes Investigation Division (FCID).
Attorney-at-Law Jayabalan has filed the petition, naming the Director of the Criminal Investigation Department as the respondent.
The petition states that Shiranthi Rajapaksa is currently overseas receiving medical treatment and fears that she may be arrested at the airport upon her return to Sri Lanka.
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