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Group of leading lawyers express concern over PCoI report on political victimisation

05 Mar 2021

A group of 12 leading lawyers have expressed concern over the content of the report of the Presidential Commission of Inquiry (PCoI) into Political Victimisation. They said the content of the report may undermine the rule of law, impair the independence of the judiciary and erode the impartial and efficient functioning of the Attorney General’s Department. In a letter to BASL Secretary Rajeev Amarasuriya, the lawyers requested him to obtain a certified copy of the entirety of the proceedings held before the Commission along with the final report submitted, from the President’s Secretary. Signed by twelve lawyers, all Presidents’ Counsels in a joint letter stated that they have serious concerns about the excerpts of the report appeared in the media. The letter was 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. Meanwhile, a group of 40 Samagi Jana Balawegaya (SJB) MPs handed over a petition to Chief Justice Jayantha Jayasuriya PC urging to institute contempt of court action against the commissioners of the PCoI. They said although the Commission was appointed to investigate and report on victimization on public officers etc, the Commission has, ultra vires of its mandate, made a number of recommendations that have an adverse and a damning effect on the Rule of Law, democratic governance, the judiciary, the process of criminal justice etc. The SJB MPs said that some of the recommendations in the final report of PCoI have regarded the powers of the Supreme Court with contempt. They urged the three members of the PCoI, Upali Abeyratne, Chandrasiri Jayathilake and Chandra Fernando, be dealt with 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.

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