News
IGP appointed in violation of Constitution: Opposition
By Saman Indrajith
Opposition parties yesterday said Deshabandu Tennakoon had been appointed IGP in violation of the Constitution.
SLPP dissident MP Prof. GL Peiris addressing the media at the Opposition Leader’s Office in Colombo said the Supreme Court had found Tennakoon guilty of torturing people and ordered to pay Rs 500,000 as compensation to the victim.
How can such a person be appointed to the IGP post?” he asked.
Prof Peiris said that the due process had not been followed in the appointment of Tennakoon as IGP. As per the Constitutional provisions, the IGP should be appointed by the President with the concurrence of the Constitutional Council. The approval of the CC is mandatory and there was no way to appoint an IGP without that. There had to be at least five votes in the CC for the appointment. There were four votes approving the appointment. Two members had opposed it. The CC members representing the civil organisations abstained. The fifth vote was given by the Speaker. What he did was wrong. Article 41 E states that the Speaker shall not have an original vote, but in the event of an equality of votes on any question for decision at any meeting of the Council, the Speaker shall have a casting vote. There was no such event of equality of votes with regard to approving the name of Tennakoon. As such the Speaker has violated the Constitution,” Prof Peiris argued.
Not only the Speaker but also the Secretary of the CC had violated the Constitution by informing the President that the CC had approved Tennakoon’s name, Prof Peiris said.
SJB General Secretary MP Ranjith Madduma Bandara said that both the incumbent President and the Speaker of Parliament had acted against the law in giving the IGP post to Deshabandu.
“Tennakoon was appointed IGP post after the Supreme Court had stated that he tortured citizens of this country,” he said.
Meanwhile, JVP/NPP stated that Tennakoon’s appointment was dubious and it would pave the way for a constitutional issue.
Former JVP Kalutara District MP Dr. Nalinda Jayatissa, addressing the media at the party headquarters, in Pelawatte, yesterday, said: “The Supreme Court on Dec 14, 2023 giving the ruling in the case No SCSR/2011 recognised Tennakoon as a person responsible for human rights violations and international conventions against torture and violating the country’s Constitution. In addition, there are many cases of human rights and fundamental rights violations against him that are pending before the Supreme Court. Among them is a fundamental rights violation case against his failure to prevent the Easter Sunday terror attacks.
“There is a serious question as to how Tennakoon’s name got the Constitutional Council’s approval. The Speaker’s role in the vote to secure the approval is against the Constitution. Therefore, this appointment is illegal. As such, this appointment has raised many questions, not only locally but also internationally. The legality of this appointment would be challenged before the courts,” Dr. Jayatissa said.
Former MP Wasantha Samarasinghe also addressed the press.
News
Prison rules to be revised over monks’ attire
Appointment of committee eyewash, says UNP
The government is considering changes to prison regulations pertaining to the treatment of Buddhist monks serving jail terms, including their right to wear monastic robes when taken outside prison.
Justice and National Integration Minister Harshana Nanayakkara announced the proposed changes yesterday (14) following the submission of an interim report by a committee appointed to review the rules and procedures governing prisons.
The report was handed over to Secretary to the President Dr Nandika Sanath Kumanayake at the Presidential Secretariat.
One of the key recommendations is to amend Prison Standing Order 356 by introducing a new provision, 356(A). The proposed revision would require prison authorities to consult the Department of Buddhist Affairs on the removal of a monk’s robes upon admission to prison. The Commissioner of Prisons would be allowed 10 days to notify the department and take the necessary steps.
A separate amendment to Departmental Order 550 would allow Buddhist monks to wear their robes whenever they are taken outside prison, unless their respective Nikaya formally requests that the privilege be withdrawn.
The committee has also recommended extending similar arrangements, with suitable modifications, to members of other religious clergy who are imprisoned.
The proposals follow concerns raised over the treatment of Ven. Galagoda Aththe Gnanasara Thera after he was taken into custody. President Anura Kumara Dissanayake subsequently held discussions with representatives of the three main Buddhist Nikayas and appointed the committee to examine the existing legal framework.
Nanayakkara said the interim report had been forwarded to the Acting Commissioner General of Prisons, along with instructions to revise the relevant standing orders in accordance with its recommendations.
The proposed amendments have yet to be confirmed as formally implemented.
Meanwhile, the UNP yesterday criticised the government’s decision to appoint a committee to make recommendations on the attire to be worn by imprisoned Buddhist monks and other religious leaders when taken outside prison, describing the move as unnecessary.
In a statement issued yesterday (14), the UNP said the procedures governing the matter were already clearly set out in the Department of Prisons’ Standing Orders, making the appointment of a separate committee unwarranted.
The party cited remarks by Professor G.L. Peiris, Convenor of the Janathawadi Joint Opposition, who had described the committee’s appointment as a
“complete eyewash” and questioned the need for such a move.
Referring to Standing Order 550 of the Prisons Department, the UNP said convicted prisoners appearing before court for legal proceedings should not be required to wear prison uniforms.
It further stated that the regulations allowed prisoners to wear civilian clothing consistent with what they wore before imprisonment, including attire appropriate to their cultural and religious backgrounds.
The UNP accused the government of unnecessarily prolonging the issue by appointing a committee, despite the existence of regulations governing prisoners’ attire.
The party also called on the government to seek forgiveness from the Mahanayake Thera and the Sangha Council of the Kotte Sri Kalyani Samagri Dharma Maha Sangha Sabha of the Siyam Maha Nikaya over the decision concerning the religious attire of Ven. Galagoda Aththe Gnanasara Thera.
News
AC President recuses himself from hearing prison attire case pertaining to Gnanasara Thera
Court of Appeal President Justice Rohantha Abeysuriya yesterday withdrew from the bench hearing petitions challenging the decision by prison authorities to require Ven. Galagoda Aththe Gnanasara Thera to wear prison attire following his imprisonment.
The decision was announced when the petitions seeking to invalidate the prison authorities’ decision were taken up for consideration on October 14.
Following his withdrawal, a three-judge bench was appointed to hear the petitions.
The petitions relate to the prison authorities’ decision to require Gnanasara Thera to wear prison attire after he was taken into custody to serve the remainder of his sentence for contempt of court.
In September this year, the Supreme Court annulled the presidential pardon granted to Gnanasara Thera by former President Maithripala Sirisena in May 2019.
Following the ruling, the Court of Appeal directed the Commissioner General of Prisons to take the necessary steps to enforce the remainder of the monk’s prison sentence.
Gnanasara Thera had originally been sentenced to six years’ imprisonment for contempt of court but had served only around nine months before receiving the presidential pardon in 2019.
News
Court orders steps to obtain INTERPOL Red Notice against Basil
The Fort Magistrate’s Court yesterday issued an arrest warrant for former Minister Basil Rajapaksa over the alleged misuse of funds belonging to the Sri Lanka Tourism Promotion Bureau during the 2014 Uva Provincial Council election.
The Magistrate also directed the CID Illegal Assets Investigation Division to take necessary steps to obtain a Red Notice through Interpol.
The orders were issued following submissions made by the CID in connection with the alleged financial irregularities.
The CID’s Illegal Assets Investigation Unit informed the court that Rs. 7.8 million allocated to the Sri Lanka Tourism Promotion Bureau in 2014 had allegedly not been used for the Bureau’s promotional activities.
Instead, the funds had allegedly been used to provide 12,000 T-shirts during the Uva Provincial Council election, causing a financial loss to the government, the CID told court.
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