‘All CC members enjoy equal rights’ 

By Shamindra Ferdinando 

Constitutional Council member Javid Yusuf said yesterday that the Constitutional Council (CC) had not made an issue of his call for taking a stand on the much-debated 19th Amendment to the Constitution on a civil society platform in the run-up to the Aug.5 general election.

Attorney-at-law Yusuf said so in response to a query raised by The Island.

Outgoing Chairman of the CC and former Speaker Karu Jayasuriya chaired its final meeting on August 3 – two days before the election, at the Speaker’s official residence.

Asked whether the CC had taken up for discussion his declaration against the moves to do away with the 19th Amendment at its last meeting or the outgoing Chairman raised it with him on some other occasion, Yusuf said: “The answer to both questions is in the negative.”

Addressing a civil society gathering at the New Town Hall, on July 8, Yusuf declared his strong opposition to the high-profile campaign by the ruling Sri Lanka Podujana Peramuna (SLPP) to abolish the 19th Amendment enacted at the onset of the yahapalana administration.

Yusuf was among three civil society members of the 10-member CC. Of the seven other members, the Speaker, Prime Minister and the Opposition Leader held ex-officio positions.

A member of the now defunct CC told The Island that Yusuf, in his capacity as a member of the apex body couldn’t be faulted for taking a stand on the 19th issue as Premier Mahinda Rajapaksa, in spite of him being  a CC member, did the same.

The former pointed out that except for the then Chairman Jayasuriya, six of his parliamentary colleagues represented in the CC either backed moves to abolish the 19th Amendment or opposed the SLPP project.

In spite of the SLPP making unprecedented electoral gains at the commencement of the releasing 2020 general election results, civil society grouping, ‘Freedom: People’s Collective’ that campaigned for the continuance of the 19th Amendment still believed the required two-thirds majority couldn’t be achieved by the ruling coalition.

Prof. Rohan Samarajiva, while acknowledging a comfortable victory for the ruling party at the 2020 General Election said that two-thirds was impossible under the Proportional Representation system. The academic who appeared on the platform of ‘Freedom: People’s Collective’ with Yusuf told The Island that a two-thirds was beyond the SLPP’s capability.

Meanwhile, UNP Colombo District candidate Oshala Herath yesterday told The Island that he was quite disappointed by the failure on the part of the CC at least to make a reference to serious allegation he made to the then Chairman himself as regards the irregularities in the registration of the Samagi Jana Balavegaya (SJB). The CC couldn’t under any circumstance absolve itself of the responsibility for the conduct of the Election Commission.

Herath pointed out that the CC and the former Speaker commended the EC without taking into consideration serious accusations directed at the latter over its conduct. Herath said that he moved the Supreme Court against the SJB registration as the EC in no uncertain terms confirmed irregularities taking place in the process. The civil society activist vowed to go ahead with his campaign regardless of the heavy defeat suffered by the UNP.

Herath lambasted the poll monitors for remaining silent on what was going on. They complained, he said about the display of propaganda and campaign advertisement on social media whereas far bigger irregularities took place at the very place responsible for managing the parliamentary election, Herath said.

The CC will meet again after the new parliament begins sittings on Aug 20.

Herath alleged that all political parties to varying degrees cooperated with the EC.