News
Abolition of Executive Presidency may cause anarchy – Justice Minister
Intervention made by lawyer and fiscal officer in Aeroflot affair extraordinary
By Shamindra Ferdinando
Justice, Prison Affairs, Constitutional Reforms Minister Dr. Wijeyadasa Rajapaksa, PC, has warned that the abolition of the Executive Presidency hastily, will plunge the country into anarchy.
The SLPP Colombo District MP said that as the Executive Presidential system has been tied up with the electoral system and 13th Amendment to the Constitution, it couldn’t be done away with.
Dr. Rajapakse said so appearing in a live Swarnavahini interview Monday night (06).
Lawmaker Rajapakse said that the abolition of the executive presidential system without making absolutely necessary constitutional safeguards through other means would definitely threaten Sri Lanka’s unitary status.
Reference was also made to how the Provincial Councils could undermine unitary status if the appointment of Governors, who exercised the executive powers, was done away with. Therefore, the relentless demand of those continuing the ongoing public protest campaign extremist at Galle Face couldn’t be addressed, Minister Rajapaksa said.
In a wide-ranging interview, Dr. Rajapakse discussed several issues at hand, including the alleged conspiracy involving an unnamed Justice Ministry employee and Attorney-at-Law Aruna de Silva, who appeared for the plaintiff Ireland-based Celestial Aviation Trading Co Ltd in a case against Public Joint Stock Company Aeroflot, the circumstances under which UNP leader Ranil Wickremesinghe was offered premiership and the inclusion of citizenship clause that had been in the 19th Amendment, in the proposed 21st Amendment to the Constitution.
Dr. Rajapaksa said that JRJ enacted the 1978 Constitution and brought in new electoral system believing the UNP could never be defeated. But, for 27 years, the UNP couldn’t regain the presidency.
Since Chandrika Bandaranaike’s Kumaratunga’s triumph at the Nov 1994 presidential election, the UNP’s efforts to regain the Executive Presidency failed, MP Rajapakse said, reminding how the UNP scuttled Kumaratunga’s bid in 2000 to abolish the system. The UNP set fire to the new draft Constitution in Parliament as it didn’t accept the provision the Executive Presidency would be abolished within two years after the enactment of the new law.
Responding to another query, Dr. Rajapakse said that if President Gotabaya Rajapaksa decided to resign, the issue could be settled. If that happened, Parliament could select any member of its choice but it would be from the ruling SLPP, the Justice Minister said. Therefore, a SLPPer would serve the incumbent President’s remaining period, the Minister said, pointing out that in spite of differences among some sections of the government group the SLPP remained the single largest party.
Gotabaya Rajapaksa was elected in Nov 2019 for a five-year period. How could we be sure that Gotabaya Rajapaksa’s successor would be better than him or far worse, Dr. Rajapakse asked? A smiling Minister pointed out in case of a vote in Parliament, the new President could be Basil Rajapaksa, he or somebody else from the SLPP. The SLPP group comprised 145 members whereas the SJB received 54 seats out of whom three had so far switched allegiance to the incumbent dispensation.
Dr. Rajapakse said that enactment of the 21 st Amendment was nothing but a prerequisite for revival of the national economy. The requirement for a new Constitution should be dealt with subsequently, the Minister said, dismissing concerns the government was on the wrong path.
Referring to views expressed by Prof. Alfred Jeyaratnam Wilson, the architect of the 1978 Constitution, in ‘The Gaullist System in Asia’, Dr. Rajapakse justified the Galle Face protest launched nearly two months ago, demanding the resignation of President Gotabaya Rajapaksa. Dr. Rajapakse said that the son-in-law of S.J. V. Chelvanayagam foresaw the current crisis 40 years ago.
Asked to explain how he now accepted Wickremesinghe as the Prime Minister after having condemned him on so many occasions, Dr. Rajapakse emphasised the UNP leader was capable of handling the situation. The Justice Minister reiterated his faith in Premier Wickremesinghe. However, the SLPP dissidents’ first choice had been the Samagi Jana Balavegaya (SJB).
Dr. Rajapaksa said that the dissident group comprising 53 lawmakers wanted the SJB to take over the government. “We assured the SJB of our support and readiness to accept some ministerial portfolios. But, the main Opposition repeatedly declined,” Dr. Rajapakse said. The SJB’s position remained the same even after President Gotabaya Rajapaksa invited SJB leader Sajith Premadasa to accept the challenge.
Against the backdrop of the SJB’s decision not to accept their offer there wouldn’t have been any purpose in moving a No-faith motion, Dr. Rajapakse said.
Responding to calls for early parliamentary poll to settle the continuing political-economic-social crisis, lawmaker Rajapakse said that the electorate was not in a mood for election. Had there been a general election now, all current members of Parliament would lose their seats, Dr. Rajapakse said.
At the onset of the interview, the three-member panel of journalists questioned the Justice Minister over the Aeroflot affair, amidst furious Russian reaction to the unprecedented detention of their flight at the BIA on June 02. The minister acknowledged that the lawyer accompanying the fiscal official was an extraordinary development. The Minister said that there was no requirement for the official of Commercial High Court of Western Province to deliver a court order to the concerned official at the BIA. The court official and the lawyer had shown undue interest in the matter and therefore the need for an inquiry couldn’t be ignored.
Dr. Rajapakse said that the Justice Ministry would inquire into the conduct of the court official as the Supreme Court exercised the powers to investigate lawyers. The Justice Minister admitted without hesitation that fiscal officials had been routinely influenced by various interested parties and used them for illegitimate purposes.
The Justice Minister also admitted that suspicions had been raised over the possibility of the fiscal officer and the lawyer being used by a group of conspirators who carried out the project.
Latest News
Sun directly overhead Kokkuvil, Nallur, Kodikamam and Nagar Kovil at about 12.11 noon today (28)
The sun is going to be directly over the latitudes of Sri Lanka during 28th of August to 07th of September due to its apparent southward relative motion.
The nearest places of Sri Lanka over which the sun is overhead today (28) are Kokkuvil, Nallur, Kodikamam and Nagar Kovil about 12.11 noon.
News
Eight politicians in drug kingpin probe
Police to arrest and question four former ministers, others over links to Basik
By Norman Palihawadane
Police are investigating alleged links between suspected major drug trafficker Shiran Basik and a number of prominent politicians, with eight of them due to be arrested and questioned as investigators widen their probe into his financial dealings and network of associates, police headquarters, according to a senior police officer.
Among those set to face questioning include a sitting MP, four former ministers, and at least one of them is a female. Police are also investigating allegations that Basik provided large sums of money to politicians during election campaigns and extended other financial and material benefits to political figures.
Investigators are also looking into claims that two politicians were provided with facilities to construct houses and hotels, while efforts are under way to establish the extent of political support and assistance allegedly provided to Basik.
The Colombo Central Crime Investigation Bureau (CCIB) is expected to question the politicians based on information reportedly disclosed by Basik during interrogation. Two electoral organisers are also expected to be taken into custody as part of the ongoing investigation, according to police sources.
Meanwhile, statements are being recorded from managers and employees of several businesses allegedly linked to Basik, while investigators continue to examine information and records recovered from his mobile phone.
Basik, 48, was brought back to Sri Lanka on August 14 after being arrested in Dubai and deported. He was taken into custody by officers of the Criminal Investigation Department’s Airport Unit at Bandaranaike International Airport and subsequently handed over to the CCIB for further investigation.
Police initially obtained a 72-hour detention order to question Basik before securing approval to detain him for 90 days.
Basik, a resident of Dehiwala, is facing investigations over alleged large-scale drug trafficking as well as firearms, and unlawful assembly of weapons-related offences. Police are also examining whether he had any involvement in recent prison-related incidents and have said information has emerged linking him to the 2012 Welikada Prison riot.
The investigation has also expanded to Basik’s alleged assets and business interests in Sri Lanka and overseas.
Police have said information uncovered during questioning indicates that Basik had claimed ownership of five hotels along Colombo’s Marine Drive. Investigators have also identified two houses and two mobile phone shops in Boralesgamuwa allegedly linked to him.
A court has ordered a comprehensive examination of bank accounts linked to Basik, with the Financial Intelligence Unit of the Central Bank of Sri Lanka to conduct a review of his financial accounts. A separate investigation into his wealth and properties is being conducted by the Illegal Assets Investigation Division.
Investigators are also examining claims that Basik owns properties, including hotels and vehicles, in several European countries, as well as a high-value vehicle in Dubai. These claims remain subject to further investigation.
Basik had left Sri Lanka for Dubai in 2018, where police said he lived a lavish lifestyle while operating businesses. He was arrested by UAE authorities before being deported to Sri Lanka.
During initial questioning, Basik told investigators that Dubai police had stopped and searched him at a shopping mall and examined his mobile phone. He claimed that footage relating to Iranian missile and drone attacks was found on the device and that he was subsequently questioned over alleged links to Iran.
Police are continuing to examine the circumstances surrounding his arrest and deportation, as well as the information contained in his mobile phone and other evidence gathered during the investigation.
The ongoing probe is being conducted under the supervision of Senior DIG Ranmal Kodituwakku and SSP Kamal Ariyawansa.The allegations against Basik and the politicians named in connection with the investigation have not been established in court, and the investigations remain ongoing.
News
CJ first SC judge to benefit from 22A, if enacted: BASL
The Bar Association of Sri Lanka (BASL) has opposed the proposed “Twenty-Second Amendment to the Constitution”, saying it raises serious concerns over judicial independence and the rights and interests of the public.
In a statement signed by BASL President Rajeev Amarasuriya and Secretary Nalin De Silva, the association said it had challenged the constitutionality of the proposed amendment before the Supreme Court.
The BASL noted that the Chief Justice would be the first Supreme Court judge to benefit from the proposed amendment if it becomes law. It also referred to widespread speculation that the amendment was being expedited to facilitate an extension of the incumbent Chief Justice’s tenure, which is due to end on December 1, 2026.
Full text of the statement:
“The Bar Association of Sri Lanka (BASL) has taken a principled position opposing the Bill titled the “Twenty-Second Amendment to the Constitution” on the basis that it raises serious concerns regarding the independence of the Judiciary and the rights and interests of the people. Accordingly, the BASL has challenged the constitutionality of the proposed amendment before the Supreme Court.
“It is observed that it will be the Honourable Chief Justice who will be the first Judge of the Supreme Court who will benefit from the 22nd Amendment, if this Bill is enacted into Law.
There is widespread belief that this amendment is being rushed to facilitate the extension of the tenure of the Honourable Chief Justice which would otherwise complete on 1st December 2026. In this backdrop, in the recent past, we have witnessed allegations being made in Parliamentary Proceedings as well as on Social Media concerning the Judiciary including the incumbent Chief Justice.
“During this period, the BASL has also been subjected to unfounded attacks on social media and other platforms.
“The Judiciary, like every other institution exercising public power, must remain subject to legitimate scrutiny and accountability. Judgments, judicial conduct and the administration of justice may properly be subjected to fair, informed and responsible criticism. Where credible concerns or allegations arise regarding any member of the Judiciary, including the Chief Justice, they should be examined objectively and addressed through the appropriate constitutional and parliamentary processes which are in place, with due regard to fairness and due process.
“At the same time, everyone must exercise responsibility when making allegations concerning individual judges, lawyers and others. Personal attacks based upon unsubstantiated allegations can undermine public confidence in the administration of justice and affect the independence and integrity of the judicial process and the system of justice
“Judicial independence is not intended to shield any individual from legitimate scrutiny or accountability. It is a safeguard for the people, ensuring that disputes are determined impartially and that individual rights, the Rule of Law and the constitutional order are protected.
“The BASL therefore calls upon all organs of the State, all parties concerned and the media to respect the role of the Judiciary and the system of administration of justice, while ensuring that any genuine concerns are addressed fairly, responsibly and through the procedures established by the Constitution and the law.”
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