Activist Nagananda Kodituwakku today charged Attorney General Jayantha Jayasuriya before the Supreme Court for abuse of office of the AG to confer a favour to the Prime Minister Ranil Wickremesinghe to suspend the Provincial Elections completely disregarding the Supreme Court determination on the 20th Amendment to the Constitution where the Court has ruled that the suspension of elections was illegal and cannot be done without obtaining a mandate from the people, who enjoy absolute power, the sovereignty over all organs of the government under the Republican Constitution.
In the action filed (SC/Writs/5/2017) Kodituwakku has also charged all three Commissioners of the Corruption Commission and its Director General for their dismal failure to act as required by law and to initiate a credible investigation into the complaint he had made against Jayasuriya for abuse of office.
“… I have to advice you that in terms of the Standing Orders of Parliament, an amendment to a Bill could be introduced at the Committee Stage and the authority that can determine its admissibility is the Hon’ Speaker..”.
Quoting a paragraph from Erskine May on Parliamentary Practice (24th Edition) Jayasuriya further informs the Speaker as follows:
“… Erskine May on Parliamentary Practice [24th Edition] at page 547 states ‘… As in other matters of order, admissibility of an amendment can ultimately be decided only by the House itself, there being no authority which can in advice rule an amendment out of order…'”
The activist Nagananda producing the relevant page (page 547) from the said book before the Court states that the above statement made by Jayasuriya is absolutely false und unfounded and there is no such reference in the said page quoted by the AG Jayasuriya where the AG had effectively challenges the authority of the Supreme Court.
Activist states that AG Jayasuriya who vigorously defended the failed 20th Amendment Bill to the Constitution at the Special Determination hearing on the 08th of September 2017, deliberately ignored the Supreme Court ruling on the said 20th Amendment Bill and provided manifestly false advice to the 9th Respondent to pass the Bill titled ‘Provincial Council Elections (Amendment) Bill’ by fraudulent means. He states further that the said act by the AG amounts to betrayal of the trust placed in the office of the Attorney General by the people and that by doing so he had deliberately abused the office of the AG to confer favours to the Prime Minister Wickramasinghe to postpone the Provincial Council elections by fraudulent means.
Quoting from the Constitution [Article 77(2)] Kodituwakku further states that the AG is not at all authorized to express any opinion where a Bill requires approval by the people at a referendum and the power of which is vested only in the Supreme Court. However, the AG has abused the office to provide a false advise the Speaker to pass the Bill with a Special Majority whereas approval of the people at a referendum was required to enact the said Bill.
The activist producing evidence in detail about the abuse of office by the AG Jayasuriya requested the Supreme Court to issue a mandatory order compelling the Corruption Commission to initiate a credible and independent investigation/inquiry into the plausible complaint made by him against the AG Jayasuriya as expeditiously as possible.