2 July, 2020

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Chandrika Still Sabotaging Constitutional Council

Public concern has increased in regard to the processes of nomination followed by the Constitutional Council (CC) appointed under the 19th Amendment to the Constitution to nominate members to important commissions and key public service posts.

ChandrikaControversy arose some weeks back in regard to the Council’s nomination to the Commission on Bribery and Corruption of a senior police officer Neville Guruge, who had been directing investigations in the Commission during the better half of the period when the Commission itself was thoroughly inactive. He is now serving as a Commissioner. In addition, senior retired civil servant and diplomat who once held the Governorship of the North-Eastern Province,Lioanel Fernando reportedly resigned after being served with a letter by President Sirisena withdrawing an earlier letter appointing him as Chairman of another Commission. The second letter had seemingly been sent on the instigation of former President Chandrika Kumaratunga, now a ‘power behind the throne.’

Approached for comments by Colombo Telegraph, a retired judge of the appellate courts agreed that the process whereby the CC nominates people to the President should be made public. There is no reason why such nominations are kept secret. In the US for example, key appointments to the judiciary, the Attorney General and other positions are made public for the people to know, he pointed out. The process in relation to federal judges in specially stringent. All nominations are made by the US president after consulting with White House staff and the attorney general’s office. The Federal Bureau of Investigation (FBI) then conducts a security check. Following the public announcement of the nomination, interested interest groups and individuals may advance their opinions. Further, the American Bar Association examines the nomination. Thereafter the Senate Judiciary Committee investigates the fitness of the nominee to be appointed. It is only after all these processes that the Senate considers and approves or rejects the nomination.

Referring to these requirements, the retired judge said that it may not be practical to observe all these safeguards in Sri Lanka but the minimum transparency must be seen, Adding to the debate, a respected government servant who did not want to be quoted as he is currently in public office asked ‘to what extent is the CC deviating from the 1st Constitutional Council functional under the 17th Amendment where the majority of that Council were independent professionals or judicial officers not connected to political parties, unlike the present body?’

Under the procedures of that 1st Constitutional Council (1st CC), the Council sent one name to the President as a nomination of a Chairman of a Commission upon which the President appointed that person. This was what led to the controversy over the Election Commission when the 1st CC nominated former Supreme Court judge R. Dheeraratne as Chairman and then President Chandrika Kumaratunga refused to appoint him. She sent the name back to the 1st CC for reconsideration. The 1st CC reconsidered and found that her objections had no merit. The 1st CC then sent the name again back to her but she did not appoint. This was the first occasion on which the individual in the office of the President went against the CC, long before Mahinda Rajapaksa made the CC irrelevant.

Under the present procedure, who decides ultimately on the head of a Commission, the CC or the President? Does the current CC follow the practice of the 1st CC or does it deviate from that practice? Now that the Elections Commission etc is about to be appointed, making the nomination process more transparent and accountable is more important than ever, he said.

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Latest comments

  • 10
    2

    Lionel Fernando would have been an excellent chairman. The person who was appointed by Chandrika is a disaster!.

    • 1
      0

      LS

      For the benefit of all, for reasons of transparency and above all for your certification to have credibility, can you elaborate on the credentials of LF as your choice of “Pearl of Great Price?”

  • 7
    1

    Merits a clear response from Chandrika Kumaratunge.

    Dr.RN

    • 9
      1

      Wonder whether she would feel any obligation to explain matters to her stupid subjects or to be transparent.

      She feels entitled to call the shots as she fancies in Sri Lanka.

  • 15
    4

    nothing will get done as long as this woman is in the background pulling the strings.Let her come out in the open and contest a election or piss off to her castle.Her tenure is littered with unfinished business,In fact mahinda’s period was better for achievements than hers.If she contests against mahinda she will get egg on her face,that is why she did not.

  • 16
    4

    Why is the Bandit Queen still playing a role in government? She is shown giving a one finger salute in the picture. Shouldn’t she be given the one finger salute and sent off in disgrace? The investigations into corruption should be held against her and her acolytes as well. There are well known instances of her robbery of public funds. Her continuing popularity among the people is an unproven myth. She is every much a war criminal as Rajapakse. She was responsible for many massacres of Tamils. Why give credibility for such unsavory figures?

  • 13
    3

    She is a curse to the yahapalanaya & Sri Lanka.
    Shee needs to loaded into a cattle Transporting ship and dispatched to the (dis)United Kingdom………

    • 8
      13

      UNITED KINGDOM IS NOT DISJOINTED LIKE OUR Pathetic nation called Srilanka.
      Frogs from the wells of Third world SRILANKA can only be jealous of the Firstworlds because of their prosperity.
      Shame on you Frogs.

      • 4
        5

        Envy of the World we are lacking in “THE DEMOCRACY AND THE HUMAN RIGHTS.” ,THE FREEDOM OF EXPRESSION OF WHICH WE HAVE JUST GOT IT BACK.
        People must think before they slander the other nations. Our country is a garbage with full of murderers and thieves in the HIGHER ECHELON OF OUR COUNTRY. Our government is filled with Liars, Thieves and Murderers.
        I wonder how the selection process takes place to Rule our nation and to Rule us.

        One does not know how the other half lives. Only the frogs will slander the other prosperous Nations.

        We Srilankans have to beg from the rich nations to survive , when the Hand outs are given to be used for the poor ,, who PILFERS 80% of the handouts ? I mean the FREE AID (. Monetary Funds Ect). We all knew who PILFERS ?? from the Politicians down to health professionals Educationalists and the others .
        Always Always minuscule the countries before they look in their own backyard.

        Sad to say I live here too. No choice.

        • 1
          0

          This clearly explains of the SL frogs in Wells are only experts in CRITICISING other prosperous Nations while they let the Crooks, Thieves and Murderers to ruin our country. These people are living in fools Paradise.
          . Srilanka is a cursed country filled with overzealous ,and bloated imaginary foolish people.
          No way out from self destruction while certain section of Srilankans Pilfers the state wealth.

          This should be our Srilankan history for the future generations to read and learn at schools with PRIDE??
          History should be rewritten high lighting the devious adventures of the Politicians and the wonders of lawmakers of SL.
          We should be proud of our Judiciary too to know how dishonourable and disreputed profession it has become.
          This is the WONDER OF SHITLANKA.

      • 3
        1

        Prospertiy – with stolen goods from the colonies, I mean from the so called COMMON WEALTH PRIVATIZED TO THEIR THEIR OWNERSHIP.

      • 4
        4

        Once Tamils are chased out to their home land just 16 kilometets away Sri lanka will be OK.

        Tamils are british in Britain. In Sri Lanka, they are Tamils.

        • 5
          0

          Tamils are British in the United Kingdom and Tamils are Sri Lankans in Sri Lanka. They are yet Tamils. The Sinhalese are also British in the United Kingdom and are Sinhalese in Sri Lanka. They are yet Sinhalese! It will always be so!

          Dr. RN

        • 2
          3

          If this happens then we shall have only the Veddahs.
          Apart from Veddahs no one can claim who came to Serendhib first.
          Prince Vijaya is myth like the Hindu mythology. It is claimed that the Yemenis, whose history goes back to more than 3000 years may have arrived in Hambantota after setting sail from Aden to Salalah, to the Malabar coast (now Kerala) and to Hambantota followed by Malabaris (Malabar was a kingdom until the British divided the kingdom, part of which is in TN and and rest in Kerala). I have no idea whether they belonged to any faith but they were certainly not Muslims because Islam was born 1500ca.
          South Indians (TN and Kerala) are closest to SL and followed. Keralites
          are travellers and one can find them in every part of the globe. Take Sri Lankan beedi industry and the little cafes which was once the business
          thrived by the Keralites we call Kochchi.Again there is no time line as to when they first came here, I presume it was during the arrival of the British from India.

          • 2
            0

            The sort of rubbish you wrote, has been taught Muslim children in their religious fanatics run Madrasas.

            Occasional Arab trader visited the island occasionally but they never settled down as some Muslims believe because it is not traders nature to settle down wherever they go and they are not into agriculture either, they are always on the move looking for business opportunities. Don’t believe former minister Ashrof’s falsely made-up Muslim’s history in Sri Lanka.

            Sinhalese are as much native as the Vaddas. The Sinhales are made of the major tribes that were once scattered all over the island. Sinhales’ maternal line is 100% from ancient tribes. King Vijaya never identified him self as Sinyalese and he ruled in Thambabanni now Mannar district and Puttalama district. The first Sinhales king was king Pandukabhaya(?).

        • 2
          4

          Jim Softly “Tamils are british in Britain. In Sri Lanka, they are Tamils”.

          Jim Softly has difficulty understanding between Nationality and Race. Hmmm!

          • 2
            1

            Goraka has difficulty understanding between Ethnicity and Race.

  • 3
    1

    This woman is evil and revengeful as well as an opportunist. But that is ok because Sri Lanka itself is a Yako country and both enjoined can be good partners. The people here love this kind of devil in disguise people.
    Inspite of all the negative things she is said to have done, the people will still queue up to lick her……… This is the mentality of our people, they love to get screwed again and again because they love the pleasure followed by
    pain.

  • 3
    0

    MR is right. This govt: is like a three headed ( MS, RW ,CBK) donkey.

  • 2
    1

    It looks like there are 3 heads of state running the Govt, and all three pulling in different directions. The president should rein in
    and he should make the final decisions but he may get a second opinion for the other two. MR is harping on this and this will be his subject
    in his speeches here after. The MR supporters looking for loopholes and this is one

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