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Political Victimisation PCoI recommendations: No implementation until special PCoI report  

30 Mar 2021

 Secretary to the Cabinet of Ministers W.M.D.J. Fernando informed the Court of Appeal yesterday (30) that the Government has decided not to implement the recommendations of the Presidential Commission of Inquiry (PCoI) into Political Victimisation until the recommendations of the Special PCoI to further investigate and report on the former PCoI report. This was informed by Senior Deputy Solicitor General (SDSG) Milinda Gunetilleke who appeared for the Attorney General (AG) and President’s Counsel (PC) Sanjeewa Jayawardena, who appeared on behalf of Fernando, yesterday, when the writ petitions filed by Janatha Vimukthi Peramuna (JVP)-led National People’s Power (NPP) Leader and Parliamentarian Anura Kumara Dissanayake and Samagi Jana Balawegaya (SJB) MP Field Marshal Sarath Fonseka seeking the nullification of the recommendations made against them by the PCoI on Political Victimisation, were called up before the court.  The petitions were taken up before a three-judge bench of the court presided over by the court’s President Justice Arjuna Obeyesekera.  SDSG Gunetilleke informed that President Gotabaya Rajapaksa has decided not to implement the recommendations of the PCoI into Political Victimisation until the recommendations of the said Special PCoI are received and to therefore not refer the reports of the PCoI to the AG, the Commission to Investigate Allegations of Bribery or Corruption, and the Public Service Commission for further action.  Jayawardena PC also informed of the same.  The petitions were then scheduled to be heard again on 12 May.  President Rajapaksa by Gazette Extraordinary Number 2212/53 on 29 January 2021, appointed Supreme Court Judges Special PCoI Chairman Justice Dhammika Priyantha Samarakoon Jayawardena PC and Justice Khema Kumudini Wickremasinghe, and Court of Appeal Judge Justice Rathnapriya Gurusinghe to further investigate and report on the PCoI report as to whether certain malpractices (including the abuse and misuse of power, interference, fraud, corruption, criminal misuse, the criminal breach of trust, nepotism, and political retaliation) have been committed by the respondents and to what extent the latter are responsible, and to then recommend if such respondents should be subjected to civic disability as per Article 81 of the Constitution.

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