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Motion to remove Deshabandu: NPP says Wijeyadasa’s legal concerns unfounded

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Jayasinghe

Deputy Minister of Labour Mahinda Jayasinghe, and spokesman for Speaker Dr. Jagath Wickremaratne, yesterday (01) emphasised that there was absolutely no basis for concerns expressed by former Justice Minister Dr. Wijeyadasa Rajapakse, PC, with regard to a resolution handed over by the National People’s Power (NPP) parliamentary group seeking the appointment of a committee of inquiry to pave the way for the removal of IGP Deshabandu Tennakoon.

They said they were going ahead with the motion handed over to the Speaker under Section 5 of the Removal of Officers (Procedure) Act No. 5 of 2002.

Then President Ranil Wickremesinghe with the blessings of the Constitutional Council appointed Tennakoon as the 36th IGP.

An NPP delegation, led by lawmaker Jayasinghe, handed over the resolution to the Speaker on 25 March. The NPP delegation included Deputy Minister of Youth Affairs Eranga Gunasekara and MPs (Dr.) (Ms.) Kaushalya Ariyarathne, and Attorney-at-Law U.P. Abeywickrama.

Deputy Minister Jayasinghe said that their move was in line with the procedure in place in respect of removing the IGP and the Attorney General. The NPP acted swiftly in the wake of IGP Tennakoon, wanted in connection with the alleged illegal raid on the W 15 Hotel, at Weligama, surrendering to Matara court.

Immediately after the handing over of the resolution, the main Opposition Samagi Jana Balawegaya (SJB) leader Sajith Premadasa declared their support for the NPP move.

Both the Deputy and the Speaker’s spokesman said that they were surprised by the former Justice Minister’s declarations regarding what the former Minister called legal obstacles to the NPP’s course of action.

Dr. Rajapakse, in his statement, essentially questioned the MPs power to hand over such a resolution and the Speaker’s authority to accept it. The former Justice Minister also examined whether any useful purpose would be served by the NPP’s move.

Deputy Minister Jayasinghe said that having studied the relevant Act, they were going ahead with the resolution. Now that the Speaker has accepted the resolution, the next step would be to appoint a three-member committee, lawmaker Jayasinghe said, adding that it would be led by a Supreme Court judge named by the Chief Justice. The other members would be the Chairman of the Police Commission and a senior administrative official appointed by the Premier and the Opposition leader, MP Jayasinghe said.

Former lawmaker Rajapakse challenged the NPP resolution basically on four main points: (1) Against the backdrop of Supreme Court suspension of Deshabandu as the IGP pending hearing of the FR case against his appointment, he is only Senior DIG now (11) The NPP couldn’t resort to action on the basis Deshabandu remains the IGP (111) In terms of 2018 Standing Orders 91 (E) Parliament cannot debate an issue currently dealt in court. Therefore, the Speaker cannot accept a resolution that proposed debate/discussion contrary to the relevant Standing Orders and (IV) Taking into consideration that the Supreme Court has suspended Tennakoon how could a committee headed by a Supreme Court judge recommend his removal?

Acknowledging that the Supreme Court couldn’t challenge Parliament, Dr. Rajapakse pointed out that in case the proposed committee, headed by a Supreme Court judge, recommended the removal of Tennakoon, it meant that the Parliament didn’t recognise the suspension imposed on the top police officer by the SC last July.

Deputy Minister Jayasinghe said that he consulted their Justice Minister Harshana Nanayakkara in that regard and was confident the course of action taken by the ruling party was on track.

By Shamindra Ferdinando



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PSTA worse than PTA: FSP

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The Frontline Socialist Party (FSP) yesterday accused the government of seeking to use the proposed Protection of the State from Terrorism Act (PSTA) to suppress popular political activity, claiming that some of its provisions were more repressive than those of the Prevention of Terrorism Act (PTA).

FSP Education Secretary Pubudu Jayagoda told a media briefing, in Nugegoda, that the definition of terrorism in the Bill was so broad that it could be used to label almost any form of popular political activity as terrorism.

He said the Bill’s approach to defining terrorism was based largely on attempts to compel a government, or an international organisation, to do, or refrain from doing something, rather than on internationally recognised criteria, such as killings, causing serious bodily harm, kidnapping or acts intended to spread terror among the public.

Jayagoda also alleged that the Bill transferred substantial powers from the judiciary to the executive, while extending powers of arrest, investigation and detention to the armed forces, in addition to the police.

He claimed that the government had sought to portray the Bill as a replacement for the PTA while retaining or introducing provisions that could facilitate political victimisation and repression.

The FSP also questioned the government’s decision to proceed with the Bill, despite having previously sought public views on an earlier draft.

Jayagoda said a draft had been published earlier this year, with the period for public submissions ending on February 28, but the Bill subsequently gazetted was essentially the same draft with some provisions rearranged.

Jayagoda also referred to a letter reportedly sent by Attorney-at-Law Saliya Peiris, a member of a Committee, chaired by President’s Counsel Rienzie Arsecularatne, that had been appointed to draft the legislation. He said Peiris had stated, in the October 06 letter, that changes had been made to the draft prepared by the Committee.

“This means that even the Committee, appointed to prepare the Bill, was a deception,” Jayagoda alleged.

He said that the PSTA was fundamentally similar to the Anti-Terrorism Bill introduced by the previous government, in 2023, which the National People’s Power (NPP) opposed and challenged in court.

“If the NPP opposed that Bill then and is now bringing the same legislation before Parliament, the government must explain its position,” he said.

Jayagoda called on NPP MPs to oppose the PSTA in Parliament and urged trade unions and other groups to build a broad public movement against the legislation.

He challenged the government to an open debate on the Bill.

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Shiranthi R remanded until 13 Oct.

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Former First Lady Shiranthi Rajapaksa was yesterday remanded until 13 October after being produced before the Colombo Magistrate’s Court following her arrest by the Commission to Investigate Allegations of Bribery or Corruption (CIABOC).

Shiranthi, wife of former President Mahinda Rajapaksa, was arrested at her residence on Poorwarama Road, Kirulapone, after CIABOC officers recorded a statement from her for nearly two hours.

According to the CIABOC, the arrest was made over allegations that Rs. 10 million obtained from the National Savings Bank through the Siriliya Saviya organisation was misappropriated.

The money was allegedly obtained to provide a Computed Tomography (CT) scanner to the children’s hospital. Investigators allege that the scanner was not provided and that the funds were instead unlawfully used.

CIABOC is investigating alleged offences under the Public Property Act and corruption-related provisions in connection with the transaction and other financial activities involving Siriliya Saviya, which was headed by Rajapaksa.

Rajapaksa returned to Sri Lanka on Monday night on a flight from Malaysia after travelling overseas for medical treatment. She left for Singapore on 16 September after being admitted to a private hospital in Colombo on 15 September following an illness.

She had been due to appear before the Financial Crimes Investigation Division (FCID) on 13 October in connection with its investigation into the financial affairs of Siriliya Saviya.

Meanwhile, her lawyers filed an anticipatory bail application before the Maligakanda Magistrate’s Court on Monday, seeking an order preventing her arrest in connection with the FCID investigation.

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Former NSB Chairman Kariyawasam granted bail

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Former National Savings Bank (NSB) Chairman Pradeep Kariyawasam was yesterday granted bail by the Colombo Magistrate’s Court following his arrest by the Commission to Investigate Allegations of Bribery or Corruption (CIABOC).

Kariyawasam, husband of former Chief Justice Shirani Bandaranayake, was arrested in connection with the Bribery Commission’s investigation into the ‘Siriliya Saviya’ account linked to former First Lady Shiranthi Rajapaksa.

The investigation concerns financial activities involving the Siriliya Saviya initiative, which was headed by Rajapaksa, wife of former President Mahinda Rajapaksa.

CIABOC is continuing investigations into the alleged financial irregularities relating to the account.

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