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Eran warns of undue executive intervention in judicial functions through Presidential Commissions

The current problems of the country have nothing to do with the laws and statutes but with the governance where the executive has taken over the functions of the judiciary, opposition lawmaker Eran wickramaratne said.

Addressing a press briefing at the Opposition Leader's Office on Sunday, he said that the Presidential Commission of Inquiry appointed by the President to seek the truth has failed to unearth the truth.

The SJB parliamentarian urged Premier Mahinda Rajapaksa to go public regarding his stance on the Eastern Container Terminal (ECT) issue as the government itself seems to be divided on bringing in foreign investment into the country.

He emphasised that in a Presidential Commission of Inquiry, the role played by the judges is one of inquiry where they search for the truth where the judge remains to be neutral.

He said that the recently concluded PCoI to investigate incidents of political victimisation has not emerged with any truth as required by law but has made recommendations to exonerate and release certain politicians who have ongoing court cases following indictments by the Attorney General.

Based on the report of the Presidential Commission, a Cabinet paper has been approved to exonerate a host of politicians supportive of this government. This is against the concept of a Presidential Commission.

"We see that those who have been named as suspects in the past and presented to a court of law have now been released as per the report. Basil Rajapaksa, Udaya Gammanpila, Nalaka Godahewa, Yoshitha Rajapaksa, Pillayan, Jaliya Wickremasuriya, Rohitha Bogollagama and many others have been basically released by the Commission's report as they have absolved them from the charges made against the individuals named before," he said.

"Very interestingly, the Commission has also named other people whom they accused for breaking the law and the violation. Among them is Ranil Wickremesinghe, Champika Ranawaka , Mangala Samaraweera, MA Sumanthiran, Sarath Fonseka, Anura Kumara Dissanayake and some prominent officials like Shani Abeysekara and the Deputy Solicitor General Thusith Mudalige. This is really a funny situation. The Commission goes on to say that these people have violated the Constitution and that another Commission needs to be appointed to inquire into political victimisation and they should determine what kind of punishment  should be meted out for violating the Constitution," he said.

The former State Minister said that Samagi Jana Balawegaya vehemently objects to this process of appointing Presidential Commissions which is politically driven under this government. Pointing out that there isn't a lacuna with regard to laws in this country but said that it is the leadership and the management that is lacking.

"During the last 15 months, this government has really messed up from managing the Covid pandemic to putting their hands on the judiciary." he said.

"This is a dangerous trend. Changing the democratic government system whether it is through the gradual militarisation of the public service or the executive taking over the functions of the judiciary is dangerous and a threat to Asia’s oldest democracy, adding that the "judiciary has to be independent of the executive and the parliament has to be independent of the executive and these three pillars of any democracy have to be safeguarded.

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