22 April, 2019

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My Response To The President’s Criticism On CC & HRCSL

By Karu Jayasuriya – 

Speaker Karu Jayasuriya

I made a statement before this August Assembly even on 25th January 2019 regarding the activities of the Constitutional Council.

I informed on that occasion that I had tabled on 08.12.2016 in Parliament a report containing the guidelines followed by the Constitutional Council in submitting nominations for appointing members to the Independent Commissions laid down in Article 41 (b) of the Constitution and in approving the nominees sent to us by the President for appointing persons to positions stipulated in Article 41 (c) of the Constitution as stated by me. In addition to that, the report containing the aforesaid guidelines will be tabled in Parliament tomorrow for the information of Hon. Members.

It shall be mentioned that seniority, integrity, independence and impartiality of persons are considered in addition to the said guidelines in appointing persons to respective positions.

Further, I wish to make a mention about the composition of the Constitutional Council. The Hon. Prime Minister and the Hon.Leader of the Opposition are appointed to the Council as ex-officio members representing the government and the opposition, respectively. One Hon.Member is appointed by His Excellency the President. While two other Members of Parliament are appointed on the agreement of the Hon.Prime Minister and the Hon.Leader of the Opposition, the other Member of Parliament is appointed to the council as the member on the agreement of the other political parties. Persons representing the civil society get appointed to the council upon the receipt of the approval of Parliament. Accordingly, Two Members of Parliament representing the United National Party, three Members of Parliament representing the United People’s Freedom alliance, one Member of Parliament representing the Janatha Vimukthi Peramuna and three persons representing the civil society become members of the constitutional council. Therefore, as I stated at the earlier occasion too, I am of the opinion that the composition of the council is made up in such a manner as to represent the views of all parties in Parliament.

In addition to the above facts, as His Excellency the President too expressed his views in regard to the procedure followed by the Constitutional Council regarding the appointment of Judges I consider it a duty of the Constitutional Council to clarify certain matters contained in it.

It is of special importance, because the Constitutional Councils deems it as its responsibility to protect the self-esteem and dignity of the three members of the civil society and other honourable members of the Constitutional Council who discharge a very onerous and impartial duty and the dignity of the honourable Chief Justices and the judges of the Appeals Court who approved the appointments from the inception of the Constitutional Council up to now.

In the letter submitted by me to His Excellency the President on 2019.01.02, the method adopted by us in selecting the suitable persons was explained. In the statement made by H.E. the President in Parliament yesterday, the claim made by him that the Constitutional Council had stated that ‘the seniority is not at all counted’ is an erroneous statement.

What we stated was that seniority was not the only yardstick that we had adopted.

I wish to inform this august assembly, that each and every name ratified by us were the names only in the lists recommended by His Excellency the President and that the Constitutional Council had not recommended any name whimsically or outside the lists. Therefore, I wish to mention that no irregularity or injustice was committed in selecting names out of the names submitted by H.E. the President. We see nothing wrong in this.

Although it is stated by H E the President that 12 names had been rejected by the Constitutional Assembly, it is an erroneous statement.

Only one name was selected by us in the instances where 3 to 4 names had been proposed for one vacancy. Depicting such incidents as rejections of names is an injustice incurred on the constitutional Assembly.

The Constitutional Assembly becomes a futile effort, if only the seniority is considered prominence. Even HE the president has done similarly. We do not intend to enter into arguments citing such instances one by one. It is our duty to select the qualified persons without being distracted by any influences as per the 19th amendment to the Constitution. We are of the opinion that the said duty has been duly fulfilled by us. As we stated earlier, the recognized political parties are represented in the Assembly. One party has no majority. No influences had been made with pertinence to the approval of names. The members are privileged to express their discretion in an independent manner. As a tribute to the current and former members of the Council, it is mentioned that all the decisions that were taken since the inception of the Committee up to the present, had been taken subject to the agreement of the members. The majority of the names sent by him has been approved except a few. No correspondence is made with the relevant parties. The Constitutional Assembly has been alleged regarding the appointments to the Primary, Magistrate and District courts as well. The appointments to the Supreme Court and the Court of Appeal are only scrutinized by us here. The Judicial services commission is held responsible regarding the other appointments. Hence the aforesaid allegations are not justifiable.

In the instances where persons who were charged with allegations either before the Commission to investigate Bribery or otherwise and if not, in the instances where the recommendations of the Chief Justice were adverse, such appointments had not been approved by us.

Furthermore, the independent commissions established under the Constitutional Council have brought immense dignity to the country. Our courts of law, which are supreme, have now gained accolades from the world. Sri Lanka Human Rights Commission has been acclaimed by the United Nations as an esteemed independent commission. The Right to Information Act too has gained world recognition as an outstanding piece of legislation.

It is already said that the progress we have gained in all of the areas mentioned above will be a pillar of strength to Sri Lanka when facing the allegations levelled against us at the Human Rights Conference, which will be held in Geneva, in March.

On several occasions, we have stated that we are keen to meet H E the President and make a presentation in the event explanations are necessary in this regard. We would like to point out that levelling severe criticism against independent commissions without such clarifications causes long-term damage to the country.

Action of the Human Rights Commission too was subjected to criticism yesterday. We have instructed the Commission to present the country with facts to clarify the matter.

However, we consider it the duty of the Constitutional Assembly, as a respect accorded to its members, to make clarifications about two matters stated by H E the President.

The said Commission has informed us that, a formal report had been called with regard to sending of STF personnel to Angunakolapelessa Prison as various facts were presented regarding that incident, and that, according to those facts, no opposition had been expressed during that process. What they did was to get some clarification about the existing system.

It was based on a decision that had been taken according to the consensus reached by all parties including the United Nations Organization / the three armed forces / Ministry of Foreign Affairs and the Human Rights Commission that there was a delay in calling the soldiers who had been sent to Mali back.

The Representative of the United Nations Organization in Sri Lanka has informed us that the Human Rights Commission of Sri Lanka is the only body that has been vested with the powers to select officers for peacekeeping operations in all parts of the world.

It establishes the trust that the international community has placed on the Human Rights Commission of our country.

Therefore, it is important that criticism and allegations that are levelled are just.

*Special statement made by the Speaker at the Commencement of Parliament – Statement Regarding the Activities of the Constitutional Council

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Latest comments

  • 13
    1

    Oh people, please close your eyes for a minute, and contemplat, whether, is it worth maintaining Sirisena as the President with billions of public funds – cost to maintain his office, and all the ministries under him amounts to a fortune for the public. He is in a combative mode, critizing and attacking all and sundry, whenever and wherever he turns. It appears, he is not doing anything enough or worthwhile to the people or the county other than critizing. The experts in the US and the world over are urging their governments to start teaching coding from primary school onwards, for digitalisation is moving at terrific pace, with or without governments efforts, and they don’t want, these kids to be left behind. The apex state institution which is sphere heading the country’s IT and digitalisation effort is under him but he is critizing others for not doing enough. Owing to his small mind, it’s him who put a spoke on the free issueing of tablets to students, which is the tremendous move on the part of the government to take the young generations on the path of ongoing digital revolution. Oh, no salvation for this country, and it’s people from this clueless man. No wonder, what a President we have.

    • 3
      1

      Siri

      “He is in a combative mode, critizing and attacking all and sundry, whenever and wherever he turns.”

      The psychology of his actions are purely self defensive to hide his own weaknesses and incapability. The 6.2million people who voted him to power did so not because of their love to Sirisena but due to the hate they had to Rakapakse! Sirisena was merely a puppet and Rajapakse won the election for him!

      • 1
        0

        So much of the current news is of jockeying for some person to get elected as the next President. But how many are aware of what this 50%+1 vote can mean if the next election is really close?
        .
        I have put something of what I understand the system to be here:

        .
        https://www.colombotelegraph.com/index.php/shrimath-sirisenas-darling-sajith/
        .
        Why repeat? We’re wasting enough time on these rotten politicians as it is, but the issues are obviously of vital importance and will determine the future of our children.

    • 0
      0

      The only thing we could pray is for him GO & GO in the name of GOD.

  • 12
    2

    Bravo Karu.! You stand up to this idiot of a president & blatant liar , in a very dignified manner & you don’t mince your words either .

    Just can’t understand why u were not made the common opposition candidate in 2015.

    • 11
      0

      Yes, if UNP had made Karu the common opposition candidate none of the problems we are faced with due to Sira would have ever taken place. Furthermore, he would have steered the country on the correct path due to his excellent administrative capabilities and experience.

      • 5
        0

        Dear Kalu Nangi,
        .
        You mean with hindsight, speaking of 2015, I guess.
        .
        By 2020 he’ll be far too old.
        .
        If we are to consider any leader to be worthy of the appellation, it is so important that they groom successors. I’ve got to face the fact that I have to leave this Earth ere long. Nobody can cheat death; so obvious, but too often forgotten.

        • 2
          0

          Sinhala Man,

          Are you getting old too like Karu Jayasuriya? We want your esteemed comments for the next years.

          Is there a way to accelerate the aging of Sirisena, so that he will die of old age, as there are no signs that the parliament will impeach him, and he wants to run to be president for the second time?

          • 2
            0

            Brother Amarasiri,
            Only wayout would to get him swallow age promoting drugs by which aging enzyme -telomerase being excellerated. That we did once with mice in the labs if I may say so….
            .
            Crooks of SHITSENA nature would not be changed by any means.. That we know if studied during the last few years.

  • 10
    0

    Thank you Speaker Karu Jayasuriya for explaining aspects of CC SL, Constitutional Council (Sri Lanka).
    Karu Jayasuriya’s response to the President’s criticism on CC SL is apt, measured and clears some half truths attributed to the President.
    .
    The President’s criticisms on HRC SL is unfair. It is bordering on political interference.
    By the way, the President’s nominee on CC SL is SLFPer Mahinda Samarasinghe

  • 9
    1

    Why do we so often seem to speak after strange things have happened? Most seem to agree that Chief Justice Nalin Perera is an excellent man. However, he is said to be reaching retirement age this month. Stretch it out to the very last day, we’re only three weeks away. At the time of his appointment, there was a CT article:
    .
    https://www.colombotelegraph.com/index.php/three-chief-justices-in-45-months/
    .
    Judges however good are not granted extensions since that would make them dependent on politicians. In the United States just none of them are appointed for life; not so very sensible to have nonagenarian judges.
    .
    Shouldn’t we be now discussing who is to succeed CJ Nalin Perera? Strangest is that nobody is asking when his birthday is.

    • 6
      0

      Apologies for a typo that totally changes the meaning of a not very important sentence:
      .
      About the United States: nine (9) not none – the number of judges of the Supreme Court. They either voluntarily retire or die in office.
      .
      https://en.wikipedia.org/wiki/Supreme_Court_of_the_United_States

      • 2
        0

        Well done speaker.
        Some UNP parliamentarians and Ministers are dead scared of Sillysena.
        Mujib ur rahman and a few others have balls to criticize his actions.

    • 1
      5

      sorry CJ Nalin Perera was not suitable to be appointed for that post. He is not an excellent judge was due to retire but because MS didn’t want to give it to EVA Wanasundera and other judges in the SC who were more senior to Nalin Perera he gave it to this man. He was never CJ material. His catholic issues also came into play he was given that. I am glad that he is retiring .

      • 3
        1

        When?
        .
        Sam, we don’t have to argue the merits of the man.

  • 1
    0

    If Karu was the common candidate in 2015, by now he and the UNP’ers would be relaxing at home.

  • 1
    1

    Wonder who the JVP has in this CC as their representative, because the JVP Boss in his Statement to the Media implied that Dr Mahendran , Jaliya and some other dude are in the same class as Madushka and his Crack snorters who were busted at the Birth day Party in Dubai.

    Also did Mr Jaysuriya cross check the names of the others against the President’s Bond Rorts Report which is in the Archives, before appointing them to this August Body?…

    Because our Dalits have no idea of the Big Picture of Dr Ranil & his Cohorts Yahapalana Government..
    And how they are Governed by the the First World, although most of the inhabitants are still on Dhall & Keernamin or Sudayas for nourishment…

  • 3
    2

    Carry on regardless Mr. Speaker continue with good work you did. This president has no intelligence to understand that there is no point having a constitutional council if appointments are done on seniority. His ignorance is exposed when ever he utters a word.

  • 2
    2

    get lost! on what basis do you approve of judges to the apex court. Who are you all to decide on the competency of the judges you all know nothing of them only as to whether they gave judgement for or against the judgment .President makes recommendations based on the CJ’s nominations and the CC has to approve it not veto that., YOU idiots have absolutely no basis to be questioning a particular nomination. You buggers are saying that our courts have received accolades because they gave judgements in favor of the UNP if they gave otherwise then thy will be a bad lot. Juist don’t try to woodwink the people. We all no although you keep saying that one party has o majority that the JVP and TNA are in your purse. So just stop bullshitting.

  • 0
    2

    get lost! on what basis do you approve of judges to the apex court. Who are you all to decide on the competency of the judges you all know nothing of them only as to whether they gave judgement for or against the judgment .President makes recommendations based on the CJ’s nominations and the CC has to approve it not veto that., YOU idiots have absolutely no basis to be questioning a particular nomination. You buggers are saying that our courts have received accolades because they gave judgements in favor of the UNP if they gave otherwise then thy will be a bad lot. Juist don’t try to woodwink the people. We all no although you keep saying that one party has o majority that the JVP and TNA are in your purse. So just stop bullshitting.

  • 3
    0

    A hypocrite, born liar, crook, back stabber, not trust worthy, exploiting, manipulating, self serving pseudo nationalist, pseudo buddhist, childish, frequent temper tantrums, not worthy of any accomplishments, frequent constitution /law breaker, thatha, performance of a low grade tele drama artist, blind now with power, questionable mental health —-etc—–etc thus reads the profile of the president of a failed nation. His note worthy companions are Rajapaksa siblings ,known criminals,under worlds and individuals with multiple charge sheets. Carrier period is more than 50 years and yet no end. Life time achievements are breaking constitution not once but many times, back stabbing almost every one who have come into contact, had parallel governments/PM for the first time in history, brought govt/administration to stand still over a month, written books glorifying self, getting family members into higher positions. Sorry I am tired for now and still compiling. Jeya Wewa.

  • 2
    0

    Just do your job Karu. Do the right thing. Unbowed and unafraid.

    Remember always, no man is above the law. Not even the President.

  • 5
    0

    Mr.Jayasuriya,

    Can you enlighten me on the following compostion. I hope you have done Matematics at A/L ( I might be wrong)

    You Say:

    1) The Hon. Prime Minister and the Hon.Leader of the Opposition are appointed to the Council as ex-officio members representing the government and the opposition, respectively.

    2) One Hon.Member is appointed by His Excellency the President. While two other Members of Parliament are appointed on the agreement of the Hon.Prime Minister and the Hon.Leader of the Opposition, the other Member of Parliament is appointed to the council as the member on the agreement of the other political parties.
    *** Other political parties. Can you explain to me who you mean. Could it be BBS.

    3) Persons representing the civil society get appointed to the council upon the receipt of the approval of Parliament. Accordingly,

    4) Two Members of Parliament representing the United National Party,

    5) Three Members of Parliament representing the United People’s Freedom alliance,

    6) One Member of Parliament representing the Janatha Vimukthi Peramuna and three persons representing the civil society become members of the constitutional council. Therefore, as I stated at the earlier occasion too, I am of the opinion that the composition of the council is made up in such a manner as to represent the views of all parties in Parliament.

    *** With all due respect have you single handedly killed off all the members of TNA who represent TAMILS.
    You are not going to kill us which you tried for so many years and even Mahintha tried hard as he did didnt complete the job.
    What a farce.

  • 0
    0

    The Speaker of Karunarathan Jaysooriya lost all his positionof that credential & confidence of the post of Speaker withing short period of history that Three and half since 2015 August as listed members of Parliament by members of UNP .
    He is man of that partial and working for interest of UNP of RW, TNA of separatism and JVP of extremism by that line of mindset which that politically anti-establishment forces inside and outside of Parliament.

    He has no Right to challenge for President request for that an appointments Appeal Court Judges recommend by Chief Executive of nation first citizens of President of Democratic Republic.
    While on his duty last 42 months that Speaker of chamber has been suppressed voice majority an Opposition members : to air their views by allowing only that TNA and JVP give views against institutional democracy by undermine nation principle of norms of democracy ways and means by K J.. of the Speaker.
    Speaker of K J…. is one man an accountability and responsibility of undermined and created chaos in Parliament by intentionally by aim of destroy which had been prevails 1948 since an Independence. He an introduce political vandalism inside house. As well as he pave way for detain Members of Parliament uproots that privileges of Members been elected by citizens of Sri lankan. He has lost reputation of build most corrupted members in house by involved Central Bank robbery by Prime-Minster and leading Minsters of UNP of that “Good Governance: and “Rule of Law” has disappear during his tenure in 42 months.
    He goes to history man who destroy system of Parliamentary governance by K.J..

  • 0
    0

    Karu, we have absolutely no confidence in this Arsehole president who is a liar, untrustworthy shithead and the biggest double crossing patholaya this country had the misfortune to appoint. He is a traitor and needs to be impeached and he will try every trick in the book to try to be elected again. No one trusts this moron after he tried to rob us of our democracy and please Karu do not give in to this depraved deplorable scumbag who no one to day has the slightest respect for. His slimy spineless behaviour has earned the wrath of the whole nation and the sooner this shithead is got rid of the better for Sri lanka. Ado Sirisena palayang. Umbe horek.

  • 0
    0

    Congratulations Sir. I bow my head to you. You have
    withstood back stabbers and learnt the art of surviving
    the horrendous actions of manipulators in your own
    party. The country is with you Sir. Be bold as you have
    always been and more strength to you.

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