Members of previous Govt. may face civil disability if found guilty by newly appointed Special Presidential CoI

• President names 3-member Commission to implement recommendations of CoI on political victimisation
• Appointment made under provisions of Special Presidential CoI Act No. 07 of 1978 which gives power to recommend civil disability on those found guilty
• Commission headed by SC Justice Dhammika Priyantha Jayawardena
• Opposition politicians, public officials who held senior positions under Yahapalanaya Govt. reportedly among those facing charges of abuse/misuse or power and related offences
• Those linked to FCID, SIU and Commission to Investigate Allegations of Bribery or Corruption under probe for acting contrary to law
• Same law used to strip Sirimavo Bandaranaike of her civil rights in 1980

By Chandani Kirinde

Those found guilty of abuse or misuse of power, political victimisation and related offences during the last administration could be stripped of their civil rights by the newly appointed Special Presidential Commission of Inquiry by President Gotabaya Rajapaksa.

The Commission was named on Friday by the President to implement the decisions and recommendations of the final report of the preceding Commission that investigated instances of political victimisation against public officers, employees of public corporations, members of the armed forces and the Police under the previous administration.

It was appointed under the Special Presidential Commission of Inquiry Act No. 07 of 1978 National State Assembly as amended by the No. 4 of 1978 of Special Presidential Commission of Inquiry Act (Special Provisions) which gives it judicial power including imposition of civil disabilities on those found guilty by it.

The members of the Commission are Supreme Court Judges Dhammika Priyantha Jayawardena (Chairman), Kumudini Wickremasinghe and Court of Appeal Judge Rathnapriya Gurusinghe.

The previous Commission of Inquiry (COI) headed by retired Judge of the Supreme Court Upaly Abeyratne had in its report concluded that the Commission  to Investigate Allegations of Bribery or Corruption, Financial Crimes Investigations Division (FCID), and the Special Investigations Unit (SIU) of the Sri Lanka Police were established contrary to the provisions of the Code of Criminal Procedure under the previous administration and were politically motivated and contrary to the provisions in the Constitution.

The respondents named by the Abeyratne commission have not been made public but reportedly include Opposition politicians and public officials who held senior positions under the Yahapalanaya Government.

The Special PCOI has been given the power to act against those found guilty of violating the provisions of the Constitution and acting contrary to their oath of office.

The other offences named include abuse or misuse of power, interference, fraud, corruption, criminal breach of trust or nepotism, political victimisation of any persons, irregularities caused in the making of any appointment, transfer, granting a promotion, terminating of services of any person, and acting in contravention of any written law.

In the Gazette notification issued on Friday by Secretary to the President P.B. Jayasundera, the Commissioners were tasked with investigating to what extent the respondents are responsible for acting in violation of the law and recommend whether those found guilty should be subjected to a civil disability according to the provisions of Article 81 of the Constitution and Special Presidential Commission of Inquiry Act No. 7 of 1978.

The Commissions have been given three months to submit a final report.

Late Prime Minister and then Leader of the SLFP Sirimavo Bandaranaike was stripped of her civil rights for seven years in 1980 under the Special Presidential Commission of Inquiry Act No. 7 of 1978 after she was found guilty of abuse of power while in office.