The Bar Association of Sri Lanka (BASL) has urged Prime Minister Mahinda Rajapaksa not to pursue the Resolution of Parliament that will seek to end trials and judicial proceedings in relation to Rajapaksa family members and cronies.
Colombo Telegraph last week published JVP Leader Anura Kumara Dissanayake’s explosive revelations about the Resolution of Parliament tabled by the Prime Minister which will be taken up for voting on April 21.
Issuing a statement, the BASL said passing the resolution would be “an affront to the doctrine of separation of powers, the Rule of Law and the independence of the judiciary.”
In its statement, BASL said the recommendations of the Presidential Commission had been put to Parliament, even though its report is yet to be released to the public.
The Executive Committee of BASL expressed concerns that a proposal has been put forward the presidential commission’s recommendations, although its report has not been released to the public.
The BASL insisted that even if the motion is passed, it would have no effect or influence on any court, the Attorney General’s Department, or the Commission to Investigate Allegations of Bribery or Corruption.
The Resolution seeks parliamentary approval – preferably by a two thirds majority – to implement the recommendations of the Presidential Commission on Political Victimisation. The recommendations include the prosecution of lawyers at the Attorney General’s Department and investigators at the CID and the Bribery Commission for conducting investigations into corruption, murder and abduction. The Government’s unprecedented resolution seeks to end trials and judicial proceedings against Rajapaksa cousins Jaliya Wickremasuriya and Udyanga Weeratunga, Mahinda Rajapaksa’s son Yoshitha Rajapaksa, former Navy Commander Wasantha Karannagoda who was indicted for conspiracy to murder and a spate of other suspects in ongoing corruption and murder trials.
See full text of BASL Letter:
STATEMENT ON THE MOTION BEFORE PARLIAMENT SEEKING TO IMPLEMENT CERTAIN DECISIONS OF THE PRESIDENTIAL COMMISSION OF INQUIRY (ON POLITICAL VICTIMIZATION)
It has been brought to the attention of the Executive Committee of the Bar Association of Sri Lanka that a Motion was placed on the Order Book of Parliament on 9th April 2021 to implement certain decisions made by the Cabinet of Ministers on 15th February 2021 based on the Report of the Presidential Commission of Inquiry to Investigate and Inquire into alleged political victimizations between 8th January 2015 and 16th November 2019 (PCOI) (Gazette Extraordinary No. 2157/44).
This Motion has been added to the business of Parliament fixed for Wednesday 21st April 2021 by an Addendum to the Order Book of Parliament issued on the 9th of April 2021, which was the last working day prior to the Sinhala and Tamil New Year. This Motion has been placed before Parliament whilst certain proceedings challenging the said PCOI Report are pending before the Superior Courts.
The said PCOI Report has neither been made public nor a copy thereof provided to the BASL despite a request therefor. In fact, several senior Members of the Bar including almost all Past Presidents of the Bar Association of Sri Lanka (BASL) and the present President of the BASL, requested the Secretary of the BASL to call for a copy of the Report of the PCOI expressing serious concerns that “the contents of the report may undermine the Rule of Law in this country, impair the independence of the Judiciary, and erode the impartial and efficient functioning of the Attorney General’s Department”.
While there are several areas of concern to the Bar stemming from media reports of the findings and recommendations of the said PCOI, of utmost concern are that the Motion seeks to implement the recommendations of the Commission to withdraw certain ongoing criminal cases.
The Executive Committee of the BASL is:
(a) extremely concerned about the manner and timing in which the said Motion has been placed on the Order Book of Parliament;
(b) extremely concerned that steps, including the presenting of the said Motion to Parliament, have been taken with a view to implement certain findings and recommendations in the said Report of the PCOI without the Report itself being released to the public;
(c) firmly of the view that the legal principles governing the withdrawal of an indictment are well established in terms of the Code of Criminal Procedure and jurisprudence of the Superior Courts, and if at all it must be done by the Hon. Attorney General or the Commission to Investigate Allegations of Bribery or Corruption in very limited circumstances and that too upon a consideration of all relevant facts and with the permission of the relevant Court; and that there should be no departure from this legal position and practice;
(d) of the view that the said Motion, if passed, would be inimical to the Doctrine of Separation of Powers and an affront to the Rule of Law, the independence of the Judiciary and would set a very bad and unhealthy precedent with regard to due process.
The Executive Committee of the BASL is of the opinion that the said Motion even if passed, would and should have no effect or influence on any Court of law or on the Department of the Hon. AttorneyGeneral or on the Commission to Investigate Allegations of Bribery or Corruption. The BASL will firmly resist any attempt to use the said Motion to withdraw any criminal action pending before a Court of Law.
In the aforesaid circumstances the Executive Committee of the BASL requests the Hon. Prime Minister to refrain from pursuing with the said motion.
Lasantha Pethiyagoda / April 19, 2021
If I am the law, and my word prevails over constitutional provisions, then, even if my brothers oppose it, I will decree based solely on my own judgment. Case closed.
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Ajith / April 19, 2021
It is time to get it back this resolution but also the 20th amendment which handed the power to Rajapaksa family. Not only Rajapaksa family but also any other individual whether it is a President or Prime Minister or even a Priest should be equal to the same rule of law and unbiased justice to an ordinary worker irrespective of race, religion, status, or gender.
Within a short period of time the country had enough evidence and experience that politics has become power greedy to break the law and control and restrict the rights of the people.
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Eagle Eye / April 19, 2021
Ajith,
“Not only Rajapaksa family but also any other individual whether it is a President or Prime Minister or even a Priest should be equal to the same rule of law and unbiased justice to an ordinary worker irrespective of race, religion, status, or gender.”
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Very good suggestion. By the way, did you suggest this to megalomaniac dictator Prabhakaran when he ruled North East of the country after Ranil Wickramasinghe handed over that area on a platter to him and if you did what was his response?
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Tamil from the north / April 20, 2021
Eagle ‘stupid as hell’ Eye, how did Prabaharan’s name come into this unrelated news story? By the way, was Prabaharan going around house to house having a tea with people for people to have a chat with him. What a bloody mutt!!!!
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Nirmalan-Nathan / April 21, 2021
You utter imbecile,
The sooner you pull your head out from where the sun doesn’t shine you might be able to see the wider world with your short-sighted Eagle Eye. Your confident ignorance continues to amaze me. I usually do not bother to look at your comments and today, unfortunately, I happened to look it over and I puked. Prabakaran is history and for better or for worse he has brought Sri Lankan ignorance to the wider world’s attention. Sri Lankan legislature is perhaps the better place for you to be, where you’ll fit in quite nicely. Keep your mask on, for you can’t bribe COVID19.
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Thiru / April 19, 2021
Rule of law has been violated by successive governments for 72 years, though gradually. So, the society like the proverbial frogs in a pot that was boiling was complacent; when rule of law is constantly violated against Tamils, or Muslims the Sinhalese society, that is in the majority doesn’t care.
Now when rule of law is violated left, right and center some Sinhalese are jumping up and protesting.
The criminals in power do not care whether it is Sinhalese or Tamils they want to do what they want.
These protests are like the protests of the Buddhist majority in Myanmar: When genocide is committed on Rohingyas they cheered but when the junta comes up for them they run around like headless chicken protesting!
The same will happen to the Sinhalese soon, I believe.
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Eagle Eye / April 19, 2021
Thiru,
When Tamil terrorists massacred Sinhalayo using suicide bombers, claymore bombs, AK47s and chemical weapons did Demalu care?
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“…when rule of law is constantly violated against Tamils, or Muslims the Sinhalese society, that is in the majority doesn’t care.”
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Tamil from the north / April 20, 2021
Eagle ‘dumbest idiot’ Eye, the guy who purchased all the illegal weapons for the LTTE, is currently on the Interpol’s red notice list and a bosom buddy of the Rajapaksas. Why don’t you go to Colombo, chase his STF bodyguards and catch the bugger. Otherwise shut your damn mouth fool. Chemical weapons were used by the GOSL armed forces. Can you specify a time when the LTTE ever use chemical weapons.
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Naman / April 19, 2021
The Supreme Courts should have independent Judges who aren’t selected by the ruling political Parties. They should be HONEST & TRUST WORTHY. The Parliament should not be above such JUDICIARY in a democratic country. Just having elections to select the Parliamentarians should be the SOLE criteria to call a country a democratic one.
A truly democratic one will not abuse/ torture/murder/ destroy the livelihoods of its MINORITIES.
PARLIAMENT should not have the capacity to over ride judicial processes. The MEGA CRIMINALS NEED TO BE PUNISHED.
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Eagle Eye / April 19, 2021
Naman,
Did Rajapakshes made a mistake by rehabilitating and releasing Tamil terrorists who committed crimes without punishing them?
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“The MEGA CRIMINALS NEED TO BE PUNISHED.”
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Tamil from the north / April 20, 2021
Eagle ‘Idiot’ Eye, you need some serious psychotherapy.
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punchinilame / April 19, 2021
The Minister of Justice should resign – BASL`s demand – No, for the SB intelligentsia is far-fetched.
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Ashan / April 19, 2021
It is sad that we are watching the eroding of our Laws and the Constitution, and that we are heading into a dangerous zone where leaders can act like dictators, there will never be checks and balances, and they will act as if they are above all laws. The scoundrels can now get away with murders, harassment, kidnappings, torture, and all vindictive crimes, including arresting political opponents and human rights activists, and be answerable to no one.
You have to wonder if the people who voted for these traitors even realize the gravity of this situation.
Sri Lanka is becoming a very scary place.
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Simon / April 19, 2021
One among many of our “Cultural Basics” is: “Handa Thiyena Velave Bedaganna Ikmanata” (When the spoon is in your hands serve soon) So what is “WRONG” in following and adhering to our “CULTURE”. Remember, we are a “Great Nation” with “Cultural Values”.
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Buddhist1 / April 19, 2021
There is no point in appealing to Rajapakses for anything as these bills are being brought into the Parliament with the blessings of the Rajapakse brothers and sons. Only way is for the people to get on to the street and protest. Unfortunately, neither UNP nor JVP is able to bring the people on to the streets in protest of Port City Bill and the bill that has been addressed in this article. Even the Buddhist Monks and the Cardinal cannot be depended upon to support any protest as they change their views over night, we saw this during the 20A process.
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Buddhist1 / April 19, 2021
There is no point in appealing to Rajapakses for anything as these bills are being brought into the Parliament with the blessings of the Rajapakse brothers and sons. Only way is for the people to get on to the street and protest. Unfortunately, SJB, JVP or UNP are able to bring the people on to the streets and continue for several days in protest of Port City Bill and the bill that has been addressed in this article. Even the Buddhist Monks and the Cardinal cannot be depended upon to support any protest as they change their views over night, we saw this during the 20A process.
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GATAM / April 19, 2021
Rajapaksas already sent 102 metric tons of cash (Chinese Yuan according to latest information) to Uganda in 3 charter flights. Previously it was thought to be rupees. Now confirmed it was Yuan China recently donated. They are worthless apart from buying goods from China. SL’s Gotabayya American president, his family and his other American relatives want it in US$. So the plan is to take Yuan to Uganda, convert to US$ and send it to US banks of Gotabayya and Basil.
These are international crooks!
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Simon / April 19, 2021
GATAM: This was sent to Uganda on a “Charter Flight”. Information was sought under the “Right To Information Act”, but SriLankan Air “REFUSED” to provide the details of the “Air Corgo” stating that the Airline is not bound to divulge the details. So your “Guess” is as good as mine.
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GATAM / April 20, 2021
Simon, it is no guess. I have a friend in the place they did the arrangement. Rajapaksas are taking the loot and escaping with US$.
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Captain Morgan / April 19, 2021
Very soon the Rajapaksa Brothers, their close relatives, cronies, and henchmen will have to go and hide. But they will have no place to hide, either within this country or any other country of their choice. Maybe China, Cuba, Sudan, Ethiopia, or countries of that ilk may offer them asylum.
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chiv / April 19, 2021
Today in MR, s patch up meet I hear there was plenty s framing, yelling and verbal altercation between SLPP cronies and bad boys modawansa kommanapillay and pissu Vassu , eventually all three walking out in protest. Now that Wijedasa intentions are clear soon Evil, Jester, Soman, Naive Perera and rest will. follow.
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srikrish / April 19, 2021
Does the recommendations of a Presidential Commission is legally binding?
Could Parliament legalize based on the report of a Presidential Commission?
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SAM PANDITHA / April 20, 2021
WHAT A COUNTRY- Democratic socialist Repblic of Sri Lanka
First word DEMOCRATIC! The concept of democracy is based on the separation of the powers between the Executive, Legislature and the Judiciary.
The 20th ammendment backtracked on this. Gave the President powers to override the Judiciary. All judges appointment and removal powers with the President.
What the 20th failed is to back track and delete old cases affecting the Rajapakse clan.
Now an attempt by the Legislature to pass a resolution to overturn the old cases.
Where are we heading?
At least thankfull for the Bar Association to raise the issue.
Where were they when 20A was approved, and Judiciary handed over to the Executive?
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Black Lankan / April 20, 2021
Srikrish, of course anything every thing is applicable in SL as long as Matara Family approves it. Murdrers can be found innocent and innocent can be found as murderers all in the name of Sinhala Buddhsim. As long as there are idiots like Blind Eagle what one cannot do.
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chiv / April 20, 2021
Trio wimal , vasu, and goman apparently walked out in protest after a screaming battle and plenty verbal altercation with SLPP thugs in a meeting which was hurriedly convened by MR yesterday. Where as
humiliated SLFP fence jumpers are screwed and their political career looks over.
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chiv / April 20, 2021
More fun , politian cardinal Ranjith few days ago called Easter a domestic political terrorism. Soon after Ape Man Ganasara accused him as ” a double agent ” . Ranjith soon after flip flopped and said his comment was misunderstood and it is international and not internal political terrorism. Today SJB members are threatening to drop the bomb and disclose few master minds behind Easter. This is what is called land like no other.
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chiv / April 20, 2021
Stupid Evil Eagle and Naive Perera one Thero who is professor in Uni says LTTE would have been much much better option than Hitler. What do you think?? If you disagree then you need to take up this matter immediately by addressing the thero.
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chiv / April 20, 2021
Eagle just a friendly advise before addressing thero check he is Vellala ?? You seem to be much obsessed than the real ones.
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Black Lankan / April 25, 2021
Ha..this clown Blind eagle alias HLD is CT’s official jester. A funny creature. What a moron. This kind of clown is what Lord Buddha sent to Dukka Deepa. Now the moron is hiding in Australia protected by a Jaffna Tamil woman. This guy ran away the day Premadasa died and used that excuse to take refuge in Australia. Now living on tax payers money and talking big.These are the guys who brought down SL to such a pathetic level and now Cheenan is going to squeeze the ba…s of these idiots. He is very good to advise the KINK family how to further ruin Dukka Deepa.
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