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SC ruling on economic meltdown: Lacille wants wrongdoers appropriately dealt with

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By Shamindra Ferdinando

One-rime Secretary of the Presidential Commission of Inquiry to Investigate and Inquire into Serious Acts of Fraud, Corruption and Abuse of Power, State Resources and Privileges (PRECIFAC) Lacille de Silva yesterday (17) said that leaders of political parties represented in Parliament should set up a committee to study the landmark Supreme Court ruling on the economic crisis.

On the basis of a thorough examination of the ruling, action should be initiated against those who had been found guilty of economic ruin, regardless of their standing in the society, de Silva said.The prominent civil society activist who had served as Director, Administration of Parliament for over a decade during a turbulent period said that if political leaders genuinely responded to the situation, SC ruling could help Parliament to clean up the mess. “They’ll never get another opportunity like this,” de Silva said.

Lacille de Silva said that the political parties couldn’t ignore the Supreme Court faulted former President Gotabaya Rajapaksa who chaired the Cabinet-of-Ministers (Nov 2019-May 2022) and Finance Ministers, Mahinda Rajapaksa (Nov 2019-June 2021) and Basil Rajapaksa (June 2021-April 2022) and the five-member Monetary Board for the current crisis.

The former House official said so responding to The Island queries regarding political developments in the wake of the SC ruling. Pointing out that Transparency International Sri Lanka (TISL) as one of the petitioners in this case has already underscored the responsibility on the part of Parliament and relevant institutions and ministries to act on the SC ruling, de Silva emphasized that wrongdoers shouldn’t be shielded under any circumstances.

Responding to another query, the ex-House official said that though former President Mahinda Rajapaksa, MP, and MP Namal Rajapaksa commented on the SC ruling, political parties were yet to disclose how they intended to deal with the situation.

“It wouldn’t be an easy task. I know how the powers that be during the Yahapalana administration reacted to investigations undertaken by the PRECIFAC. I was sacked as its Secretary. On a directive given by the then President Maithripala Sirisena, Presidential Secretary P.B. Abeykoon informed me, in writing, of my removal. They didn’t at least give a reason,” de Silva said. “This happened in late Feb or early March 2016,” de Silva said, urging the Parliament to take up the challenge.

The SC ruling meant that the Gotabaya Rajapaksas’ government caused the unprecedented economic crisis, de Silva said, pointing out that the court was told of the need to refer the case to the Commission to Investigate Allegations of Bribery or Corruption (CIABOC).

The SC ruling quoted Upul Jayasuriya, PC, appearing for some petitioners that a proper investigation under the relevant laws relating to Bribery and Corruption would ensure due respect to accountability.

Lacille de Silva said that against the backdrop of the SC ruling the Parliament constitutionally responsible for ensuring financial discipline and enactment of laws should inquire into its failure on its part to identify the impending catastrophe. “Perhaps, statements made by Governor of the Central Bank Dr. Nandalal Weerasinghe before the Committee on Public Accounts (COPA) and Committee on Public Enterprises (COPE) on May 24 and 25, 2022, respectively, should be re-examined. Dr. Weerasinghe didn’t mince his words when he quite rightly and clearly placed the blame on those who were found guilty by the SC on Nov 14, 2023.” Dr. Weerasinghe explained how tax revision declared and implemented in Nov 2019 contarry to the advice of IMF triggered the crisis, de Silva said.

The former House official emphasized that consequent to the SC ruling, Speaker Mahinda Yapa Abeywardena and leaders of political parties represented in Parliament would have to ascertain the requirement for the Parliamentary Select Committee (PSC) on the economic crisis. Noting that Prof. Charitha Herath, the former COPE Chairman, too, has been preparing a report on the continuing crisis, de Silva suggested the government and Opposition should reach consensus on a common action plan.

Referring to the judgment, de Silva said that the Supreme Court was told how the government ignored interventions made by the Central Bank in a bid to initiate a programme with the International Monetary Fund (IMF). The government’s irresponsible response led to the downfall of the economy, the SC was also told.

The IMF according to President’s Counsel Jayasuriya not only denied the last tranche of the IMF programme commenced in 2016 but also refused to grant a relief facility – Rapid Financing Instrument (RFI) – to overcome the ill-effects of the pandemic.



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Prison rules to be revised over monks’ attire

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Harshana

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.

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AC President recuses himself from hearing prison attire case pertaining to Gnanasara Thera

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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.

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Court orders steps to obtain INTERPOL Red Notice against Basil

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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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