G.L. to file public interest case against Public Admin. Secretary

• Accuses Secretary of causing great harm to country through the illegal directive sent by him over LG poll deposits 
• Says he must be made to appear before courts and must apologise before it 
• Claims party will file an action if AG fails to take appropriate steps against the Secretary 

Parliamentarian Prof. G.L. Peiris yesterday revealed his faction will file a Public Interest Litigation (PIL) plea before the courts against the Public Administration and Home Affairs Secretary Neil Bandara Hapuhinna over the letter sent by the latter to District Secretaries directing them to stop accepting deposits for the Local Government elections.  

Addressing the media, Peiris said Hapuhinna caused great harm to the country through his actions. “These directives were completely illegal. It has been described as a mere piece of paper. That is correct and it is in fact a letter that has no validity. However, the matter cannot be forgotten and dropped. He committed a serious offence. He issued the directive in violation of the country’s Constitution,” he said. 

On 9 January, Hapuhinna instructed District Secretaries to stop accepting deposits from parties expecting to contest at the upcoming Local Government election. The directive was however recalled within one hour after facing stiff opposition and threats of litigation. 

Peiris pointed out that following the declaration of an election, the sole responsibility for its matters lies with the Election Commission of Sri Lanka (EC) and no other. “This has been clearly set out in the Constitution,” he said, adding that no one else can intervene in the election process. According to Peiris, any person who attempts to intervene in the process can be sentenced to three years imprisonment according to Sri Lankan law. 

“He claims he issued the directive according to a Cabinet order. This is no excuse. The Cabinet has no legal right to give such an instruction to a Ministry Secretary. The EC is an independent commission. Therefore, the Executive cannot issue directives to it. 

“If one acts according to illegal directives of the Cabinet, the relevant official must be held personally responsible. The court order given on the Easter Sunday attack also is evidence of this fact,” the MP said. Peiris said no one can therefore hide behind such an excuse.

Noting that Hapuhinna has since apologised to the EC, Peiris said a mere personal apology is insufficient. “He must accept his fault before the courts and apologise before it for carrying out an illegal order of the Cabinet,” he said. 

According to Peiris, if the Attorney General’s Department fails to take any action against Hapuhinna, his group will file a PIL plea against Hapuhinna due to the harm caused by him.