FR petition challenging powers of CoI on political victimisation to be heard on 25 March

Tuesday, 25 February 2020 02:09 - - {{hitsCtrl.values.hits}}

Petition filed by CPA taken up yesterday
Case postponed till 25 March as Respondents not represented in Court
Petitioners say some powers vested in Commission violates provisions of CoI Act and impinges on Fundamental Rights of citizens
Interim relief sought declaring Clause ‘e’ in Gazette null and void and of no force and/or effect in law

The Supreme Court will take up for hearing on 25 March a Fundamental Rights petition filed by the Centre for Policy Alternatives (CPA) challenging the Gazette notification appointing a Commission of Inquiry (CoI) by President Gotabaya Rajapaksa to probe alleged political victimisation of public officials and Tri-Forces personnel under the previous administration.

When the case was taken up yesterday, no lawyers appeared for the three members of the CoI who were Respondents in the case while Attorney General’s (AG) Department officials told Court they had not received instructions with regard to the case.

The Court issued notice on the Respondents and will hear case on 25 March.

The Respondents in the case include Secretary to the President P. B. Jayasundera, the members of the CoI namely Retired Judge of the Supreme Court Upaly Abeyrathne, Retired Judge of the Court of Appeal Daya Chandrasiri Jayathilaka and Retired Inspector-General of Police Chandra Fernando.

The bench comprised Justices Vijitha Malalgoda PC, Murudu Fernando PC and E.A.G.R. Amarasekera.

The President appointed the Commission on 9 January and later amended it by a Gazette notification on 22 January through Clause ‘e’ of which the Petitioners claim is ultra vires the provisions of the Commission of Inquiry (CoI) Act.

The Petitioners state the Gazette in question grants the CoI powers beyond the scope of section 7 and 8 of the CoI Act and this violates the separation of powers and rule of law which underpin the Sri Lankan constitutional order and thus amounts to a violation of the Petitioners’ fundamental rights, and the fundamental rights of the citizens of Sri Lanka guaranteed under Article 12(1) of the Constitution.

The Petitioners are seeking interim relief by way of suspension of Clause ‘e’ of the said Gazette and declare that the three commissioners are not entitled to act in terms of this clause in the Gazette and declare the said clause null and void and of no force and/or effect in law.

The Petitioners are also seeking interim relief directing the AG (second respondent) and Acting IGP (seventh Respondent) that no steps should be taken to halt any investigation or prosecution on the basis of any order purported to be made by the three-member COI under Clause ‘e’ of the Gazette dated 22 January.