‘Constitution cannot be circumvented by a circular regardless who issued it’

By Shamindra Ferdinando

Top Nidahas Janatha Sandhanaya spokesperson Prof. G.L. Peiris said that Finance Secretary Mahinda Siriwardana would have to pay a very heavy price for sabotaging Local Government polls 2023 at the behest of President Ranil Wickremesinghe.

Addressing the media at Nawala, the former External Affairs Minister emphasised that the Finance Secretary couldn’t have under any circumstances blocked the release of required funds on the basis of a circular issued by President Wickremesinghe, in his capacity as the Finance Minister.

The Finance Secretary should abide by the Constitution, the former Law Professor said, adding that a circular couldn’t surpass Constitutional provisions pertaining to holding of elections or the conduct of a referendum.

Declaring that the Finance Secretary or any other public officer, including those employed at undertakings vested in the government as well as companies registered or deemed to be registered under the Companies Act, No. 7 of 2007, in which the Government or any public corporation or local authority holds fifty per centum or more of the shares of that company had to follow Article 104 GG of the Constitution and those found to be guilty of an offence were liable to a fine not exceeding Rs 100,000 or maximum three years imprisonment or both the fine and imprisonment.

Samagi Jana Balavegaya mayoral candidate for the Colombo Municipal Council Mujibur Rahuman has moved the Supreme Court seeking its intervention to conduct Local Government polls. Among 35 respondents were Finance Secretary Mahinda Siriwardana, Public Administration Secretary Neil Bandara Hapuhinna and the Attorney General.

Prof. Peiris vowed to go flat out against the Finance Secretary. The National List lawmaker said that the Finance Secretary couldn’t have declined to release the funds required by the Election Commission (EC) under any circumstances as the relevant allocation received the parliamentary approval. Prof. Peiris said that as much Rs 10 bn had been allocated for the EC through the 2023 budget. Therefore, there couldn’t have been any issue with regard to the releasing of funds, Prof. Peiris said. The academic questioned EC Chairman Nimal Punchihewa’s decision to seek Speaker Mahinda Yapa Abeywardena’s intervention in this regard.

“Once the parliament approved funds for a particular purpose, there is no point in seeking the Speaker’s intervention. The Finance Secretary and his political masters absolutely have no right to interfere with a decision taken by parliament,” Prof. Peiris said, adding that the EC needed just 0.68 of the total budget allocation for 2023. Actually, the total amount sought by the EC was equivalent to state sector expenditure for one and a half days, the former minister said.

Commenting on police attacks on Jathika Jana Balavegaya (JJB) protest rally in Colombo last Sunday (26), Prof.Peiris said that the Wickremesinghe-Rajapaksa government should be ashamed of itself for suppression of public dissent.

The former minister pointed out that in spite of indiscriminate water cannons and tear gas attack those who gathered in Colombo held their public rally.

Referring to President Wickremesinghe’s recent speech in parliament where the UNP leader declared that the allocation of funds for election would be subjected to availability of funds, Prof. Peiris asked how one person could decide on the public right to exercise their franchise. President Wickremes-inghe couldn’t deprive the electorate of what was guaranteed by the Constitution, the former Minister said, warning the government of further protests regardless of violent government reaction. For how long could they depend on the police and the military to clampdown on public protests? Prof. Peiris asked.

Prof. Peiris said that professionals representing both public and private sector up in arms over what one –time Deputy Finance Peiris called extremely imbalanced new tax regime.

Declaring their support for countrywide trade union action planned for March 01 to pressure the government to reverse new tax proposals, Prof. Peiris said warned the government would have to face the grave consequences of large scale protest campaign.

Prof. Peiris said that on one hand the President repeatedly claimed the government lacked the wherewithal to meet even the basic commitments and on the other hand the powers that be sought to cripple parliamentary watchdog committees tasked with ensuring transparency in public finance.

Prof. Peiris said that the recent appointment of an Opposition lawmaker of its choice as Chairperson of the Public Finance Commission revealed how desperately the government tried to undermine the vital watchdog committee. The rebel SLPP MP questioned as to how the ruling party picked Mayantha Dissanayake when the Opposition, in terms of the Standing Orders, named Dr.Harsha de Silva as Chairperson of the Public Finance Commission.

Amidst media furore over the new appointment, SJB MP Mayantha Dissanayake resigned on Monday.