Eran says functions of Judiciary has been taken over by the Executive


The current problem of the country is nothing with the laws and Statutes but with the governance where the executive has taken over the functions of the judiciary said Eran Wicramaratna M.P of Samagi Jana Balavegaya.

Addressing a press briefing at the Leader of the Oppositions office on Sunday, Wickramaratna said that the Presidential Commission of Inquiry appointed by the President o seek the truth has not emerged with the Truth.

Wickramaratna also called upon the PM Mahinda Rajapaksa  to make  his stance public on the involvement of India for the management of the  ECT as there seems to be division in the government on bringing foreign investment in to the country.

He emphasized that in a Presidential Commission of Inquiry the role played by its judges is Inquisitive where the Judge goes on hunting for the truth. On the contrary in a judiciary a judge is considered to be neutral and he plays the adversarial role by being like a referee between the litigants.

He said that the recently concluded Presidential Commission on the Political victimization has not emerged with any truth as required by its law it has made recommendation to exonerate and release certain politicians against whom the judicial inquiries are underway after the indictments were served by the Attorney General  following the police investigations.

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

We see that those who have been in the suspects in the past and presented to a court of law have now been released as per the report. Basil Rajapaksa, Udaya Gammanpila, Nalaka Godaheva, Yoshitha Rajapaksa, Pillayan, Jaliya Wickremasuriya, Rohitha Bogollagama and many others have been basically released by the commission report from the charges made against them.

Very interestingly the commission has also named other people whom they accused for breaking the law and the violation. Among them is Ranil Wickremasinghe, Champika Ranawaka , Mangala Samaraweera, M. A Sumandiran, Sarath Fonseka, Anura Kumara Dissanayake, the politicians and some prominent officials like Shani Abeysekara and the Deputy Solicitor General Asith Mudalige and various people have been mentioned. This is really funny situation.

The commission goes on to say that these people have violated the constitution and another commission needs to be appointed to go into the question of political victimization and they should determine what the punishment  be  given to these people for the violation of the constitution.

The Minister said that SJB vehemently object to this whole process of Presidential Commission system which is politically driven under this government. He said that the problem in this country that there is no lacuna in the laws but it is the leadership and the management. During the last 15 months this government has really messed up from Covid to keeping their hands on the Judiciary in terms of management.

He accused  that the  executive is  taking over the  functions of the Judiciary  indirectly via the Presidential commissions. This is a dangerous trend and  changing the democratic government system whether it is through a gradual militarization of the public service or the executive taking over the function of the judiciary is dangerous and a threat to Asia’s oldest democracy.

He pointed out 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 the democracy has to be safeguarded.

In the meantime Wickramaratna said that there seem to be a division in the government on the issue of East Container Terminal. President and his team are favouring the handing over of the ECT to India.

But certain ministers supportive of the Prime Minister are issuing statements that the ECT should remain with the Sri Lanka Ports Authority.  He called upon  the Prime Minister Mahinda Rajapaksa  to make his stance public  to the country  on the involvement of an Indian Company on the management of the ECT of the Colombo Port.

It was the members of this government went round the country and made claim that they would not sell off or give on lease any state assets. But on the contrary the President has decided to hand over the East Container Terminal  of the Colombo port to India. He also said that the government issues contradictory messages on the bringing of foreign investment into the country. Therefore the opinion of the PM is inevitable for the people ato know the policy of this country.

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