Karu comes under Maithri’s wrath
BY GAGANI WEERAKOON- FEB 10 2019President Maithripala Sirisena who arrived at the Parliament Chamber for the first time after the political turmoil which commenced on 26 October 2018, last Wednesday (6) with a long list of complaints just like in his address to the nation at the 71st National Independence Day celebration and did not spare anyone who has now come under his wrath. The top in his hit list appeared to be none other than Speaker Karu Jayasuriya.
He informed the House that the Criminal Investigation Department (CID) had obtained a statement from him regarding the alleged assassination attempt. “I must say here that the CID has done an impressive job in investigating the alleged plot to assassinate me and Gotabaya Rajapaksa. They have completed their work by now. The last statement they wanted was from me and that has been obtained. They would hand over the matter to the Attorney General’s Department and we would all know the names of those responsible within the next two to three weeks.”
He also noted the importance of solving the contradictions between the Executive and the Constitutional Council (CC).
“The CC has rejected 12 names that I sent it of those to be appointed as Judges. Although they should inform me of their reasons for doing so, they have failed to do so, thus far. The Judges are confused because of the conduct of the CC at the moment. Speaker Karu Jayasuriya, who is the Chairman of the CC, is not here right now and I wish he was here.
The Speaker sent me a four-page letter stating that the seniority would not be counted but only merit when making appointments by the CC. I consider it as a tragedy because the CC rejects the names of the Judges on the basis of judgments they had given in the past. If anyone is not qualified then that should be conveyed to me. But they haven’t done that and now everyone blames me for that. The Judges think that it was I who cut their names from the list. This dispute should be cleared.”
Speaker Jayasuriya who is also the Chairman of the Constitutional Council did not let President’s remarks go unnoticed as he took on President Sirisena’s critical remarks regarding the conduct of the CC the very next day, even though he was not present when the Head of State made the speech.
In response, however, the Speaker stressed that there is no point in having a CC if seniority is the only criterion to select individuals for higher ranks and Judges to the Superior Courts.
“The CC rejecting 12 names of Judges proposed by the President to the Superior Courts is incorrect. When the President sends three to four names for one vacancy, we only approve one name. It is unfair to mention such instances as rejections. The CC considers the integrity, independence and impartiality of the candidates in addition to seniority when making appointments to independent Commissions and other higher ranks. I tabled the criteria followed by the CC on 8 December 2016.
I would table it again (yesterday) for the information of Parliamentarians. The CC did not approve the names of nominees who had allegations of bribery or any other allegation against them. The CC also rejected nominations where the Chief Justice’s recommendation was not there.”
Furthermore, no party in Parliament holds the majority in the CC, Speaker Jayasuriya said. He said the CC is currently composed of two United National Party MPs, three United People’s Freedom Alliance MPs, one Janatha Vimukthi Peramuna MP and three civil society members, adding that it represents the views of all Parties.
“There had been instances where the President also made appointments without solely depending on the seniority criterion. We do not wish to argue by referring to them individually. Under the 19th Amendment, it is the duty of the CC to select eligible persons without giving way to undue pressure, and we believe that we have performed it well.
In the CC, all Members can express their views freely, and there had been no pressure to approve any name. Except for a few, all decisions the CC had hitherto taken were unanimous, and the CC had approved most of the names proposed by the President,” the Speaker explained.
“Some people accused the CC over appointments of Judges to Magistrate’s and District Courts. For such persons, I should say that the CC only oversees the appointment of Judges to the Supreme Court and the Court of Appeal. The Judicial Service Commission has the responsibility on the appointments to the other Courts.”
Speaker Jayasuriya responded to criticisms of the President concerning the Human Rights Commission of Sri Lanka (HRCSL) as well.
The President in his speech criticised the HRCSL seeking a report on the deploying of Police Special Task Force (STF) to the Angunakolapelessa Prison. He also alleged that the HRCSL is delaying the recalling of Sri Lankan peacekeepers in Mali.
The Speaker said that he informed the HRCSL to make a statement with regard to these allegations.
“But the CC wishes to clarify two points here. The HRCSL informed the CC that it requested a detailed report on deploying the STF to the Angunakolapelessa Prison because various parties made requests to the Commission regarding that. However, after receiving the report from the STF, the HCRSL did not raise any objections.”
“The delay in recalling Sri Lankan soldiers in Mali, who were engaged in the United Nations (UN) peacekeeping mission, was due to a collective decision taken by the UN Office, Sri Lanka’s tri-forces, the Foreign Affairs Ministry and the HRCSL. The responsibility to appoint officers for the UN Peacekeeping Mission lies only with the HRCSL. This proves the confidence of the international community in the HRCSL.”
“I have repeatedly expressed my willingness to meet the President and explain the matters pertaining to the CC if that is needed. Criticising the Independent Commissions without doing so is a lasting damage to the country,” he asserted.
National Govt postponed
In the meantime, the United National Front’s attempt to form a National Government had to be postponed amidst protests from the Opposition as well as from the Government ranks.
The Government on Thursday (7) backed down from moving the proposal to form a National Government, saying that it was decided after discussing the objections raised by various Opposition parties, with the President, on 6 February night.
The proposal was postponed to the next Parliamentary sittings week as per the request of President Sirisena, Leader of the House Minister Lakshman Kiriella said.
It was reported that, the President, during the meeting with the United National Front (UNF), had requested them to present a proposal in keeping with the normal procedure of Parliament business, when the proposal regarding forming a National Government is to be taken for debate.
On Wednesday (6) the Government decided to take up a debate on forming a National Government despite the objections of all Opposition Parties in Parliament.
This decision was taken during the Party Leaders’ Meeting in Parliament. Speaker Karu Jayasuriya presided over the meeting.
When the Government proposed the debate, all the Opposition Parties including the TNA and the JVP had vehemently protested the proposal.
However, despite those objections, the Government decided to move the proposal of a National Government in the House by suspending the Standing Orders. A vote on the proposal was scheduled to be taken in the afternoon on the same day following the full-day debate.
The proposal for a National Government seeks the approval to increase the number of Cabinet Ministerial posts from 30 to 48 and Deputy Ministers’ posts from 40 to 45.
It is reported that the Government plans to form a National Government with the Sri Lanka Muslim Congress (SLMC) which has only one Member of Parliament.
The only SLMC Member of Parliament is Zayed Ali Zahir Moulana who was elected from the Batticaloa District.
President Sirisena in his National Day speech also objected to setting up a National Government with a Party which has only one seat in Parliament.
Leader of the House, Kiriella has vouched UNF Government will form a National Government before the end of February with the help of nine SLFP members who have pledged their support to the UNF, yesterday.
“We have no doubt that we can pass the motion with ease with the support of the nine SLFP members who have already pledged their support. I expect to move the motion in Parliament on 20 February,” the Minister said.
He has also dismissed the claim that the UNF was attempting to form a National Government with the single SLMC member State Minister of Social Empowerment, Ali Zahir Moulana.
However, despite Ministers Kiriella and Kabir Hashim backing the idea of forming National Government, the idea was not entertained by many including Party’s Deputy Leader Sajith Premadasa when UNF Group met at the Temple Trees last week under the patronage of Prime Minister Ranil Wickremesinghe.
It was Health Minister Rajitha Senaratne who raised concerns about protests against the formation of a National Government. He was backed by the likes Sajith Premadasa, Eran Wickremaratne and Ajith P. Perera.
Minister Mano Ganesan also sharing the same sentiments has pointed out that it is too much of a risk to take when the UNF is not commanding a majority in Parliament and the support of the backbenchers is at a stake. Responding to Ganesan’s remarks Party Leader Wickremesinghe has said; “We’ll take care of that and all you have to do is getting TNA to abstain.”
MR in India
Undertaking his first overseas visit as the Opposition Leader, Mahinda Rajapaksa went to India to make the inaugural address the third edition of The Huddle, The Hindu’s two-day annual thought conclave, at the ITC Gardenia Hotel in Bengaluru yesterday.
Responding to a question regarding the next Presidential Poll, Rajapaksa said that they have to find a ‘good candidate’ for the upcoming Presidential Election as he himself cannot contest and that he will amend Constitution after their candidate wins.
“Unfortunately, I can’t contest, so have to find a good candidate. This candidate will win. I will amend Constitution after this candidate wins,” he said.
Responding to a question regarding the issues of the Tamil community in Sri Lanka, Rajapaksa said: “People can be satisfied, but not politicians. My problem is that.”
Working relationship between the governments changed. Lack of communication between the parties seemed to have led to this situation, he said.
Some salient points from his speech are:
“Two major breakdowns in our relationship happened in the 1980s and 2014. In the 70s, our ties reached a high. Both Prime Ministers had a personal friendship. In 1979, Morarji Desai said problems inherited from colonial past had been resolved. We’ve entered a new era of cooperation.
Post-Independence relationship between India and Sri Lanka was good despite having contrasting ideologies. India being secular and socialist; Sri Lanka being right wing and pro-West. Nehru even convinced USSR that Sri Lanka was a sovereign nation.
Even when Sri Lanka was engaged in a war against the cruelest terrorist group in the world, India’s relationship was friendly. India’s understanding was a key factor in eliminating terrorism.
In 2014, the second major breakdown in bilateral relations took place. The Government changed in India. Working relationship between the Governments changed. Lack of communication between the parties seemed to have led to this situation. Communication is a vital factor that can make or break relationships. Misunderstandings of the ‘80s and 2014 could have been avoided with communication.
On India’s dealing with Sri Lanka, here’s my suggestion: If the outgoing party has given recognition to a working relationship with Sri Lanka, then the incoming party should also give the same recognition. Changes in Government have serious consequences for relationships and for both countries.
Strong mechanism at country-country level should be in place to clear any misunderstanding that may pop by from time to time. As long as countries understand the foundations of the relationship, nothing can be done to jeopardize the relationship. National security, social well-being, political stability, economy and international transport will play a key role between the countries. National security is important given the destructive forces that have operated and will come up in the future.
We’ve a mutual obligation to ensure security of each other because we are geographically close. Maritime security has become an issue. It will be an important aspect of a well formed strategy. Vibrant, on-going dialogue will ensure each other’s national security. It should transcend normal dialogue process. Strong political leadership is a key factor for a stable relationship.”
