PCoI into Political Victimisation Leading lawyers raise concern on content of commission report

5 March 2021 12:00 am Views - 233

By Susitha Fernando 

A leading group of lawyers has expressed concern that the contents of the report of the Presidential Commission of Inquiry into Political Victimisation may undermine the rule of law, the independence of the judiciary and erode the impartial and efficient functioning of the Attorney General’s Department. 

Signed by twelve lawyers, all Presidents’ Counsels in a joint letter stated that they have serious concerns about the excerpts (appeared in media) of the report which had been submitted to President Gotabaya Rajapaksa. 
“Upon a perusal of the news items, we have serious concerns that the contents of the report may undermine the Rule of law in this country, the independence of the judiciary and erode the impartial and efficient functioning of the AG’s Department,” they noted in a letter written to the Secretary of the Bar Association of Sri Lanka Rajeev Amarasuriya. 


Signed by K. Kanag-Isvaran, Ikram Mohamed, Faisz Musthapha, Upali Gooneratne, Geoffrey Alagaratnam, Romesh de Silva, Wijeyadasa Rajapakshe, Saliya Pieris, Nihal Jayamanna, Upul Jayasuriya and U.R.D. Silva, the team of lawyers requested the BASL Secretary to obtain certified copy of the entirety of the proceedings along with the final report submitted from the President’s Secretary. 


The Commission of inquiry members included former Supreme Court judges Upali Abeyratne and Chandra Jayatilake and former IGP Chandra Fernando. 


Meanwhile, on Tuesday a petition signed by a group of 40 Samagi Jana Balawegaya (SJB) Parliamentarians was handed over urging the Chief Justice Jayantha Jayasuriya PC to institute contempt of court action against the commissioners. 


The SJB MPs claimed some of the recommendations in the final report of the Presidential Commission have regarded the powers of the Supreme Court with contempt.   They urged the three members Upali Abeyratne, Chandrasiri Jayathilake and Chandra Fernando be dealt for contempt of court under Article 105(3) of the Constitution of Sri Lanka, make an order to strike off their names from the Roll of Attorneys-at-Law of the Supreme Court and direct the AG to institute proceedings against the three commissioners under Article 111(c) of the Constitution.