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Lawyers for Democracy (LfW) in statement today, clarified the constitutional provisions governing the appointment and removal of a Prime Minister, in view of the misinformation created after the results of the recent elections to local authorities.

As per Chapter VII of the Constitution, as amended by the 19th Amendment to the Constitution, the President shall appoint as Prime Minister the Member of Parliament who in the President’s opinion is most likely to command the confidence of Parliament. This provision comes into operation in case of a new parliamentary election or when the position of Prime Minister becomes vacant.

However, they point out that prior to the 19th Amendment, the President had constitutional power to remove a Prime Minister, but the 19th Amendment took away that power. Therefore, the President does not any more enjoy constitutional authority to remove a Prime Minister.

Following Parliamentary traditions, the only way to "remove" a Prime Minister is to successfully move a No-Confidence Motion against him in Parliament. Under the Constitution, the President has no role in such a process.

Once a Prime Minister is appointed, the only way in which he can cease to hold office is in terms of Article 46(2) if he (a) resigns his office by a writing under his hand addressed to the President; or (b) ceases to be a Member of Parliament, or if the Cabinet of Ministers is dissolved in terms of Article 48(2) pursuant to the Statement of Government Policy or the Appropriation Bill being defeated in Parliament, or upon the passing of a motion of no confidence against the government.

The Joint Opposition have pushed President Sirisena to appoint Minister Nimal Siripala De Silva as the Prime Minister the same way he appointed Ranil Wickremesinghe on January 09. The JO have pressed the President stating that he should do this if he has genuine intentions to form a SLFP led government.

A Joint Opposition leader, when inquired about the statement made by Vajira Abeywardena claiming that the President does not have the power to dismiss a Prime Minister according to the 19th Amendment to the Constitution, said that his party’s legal experts have pointed out that there are no such legal impediments, provided the President has a genuine need and the backbone to do this.

“A UPFA government existed when Maithripala became the President on January 08. Back then, there were 121 MPs in Parliament from the SLFP without the likes of Wimal and Dinesh. Only a few SLFP MPs like Duminda Dissanayake, Faiser Mustapha, M.K.D.S. Gunewardena, Rajitha Senaratne and Arjuna Ranatunga supported President Maithri.

There was a rumour going around that at that time stating that if Ranil were to be made the Prime Minister, D.M. Jayarathne should resign first. However, D.M didn’t tender his resignation. Ranil who commanded only a minority group of MPs in Parliament, was named as the Prime Minister. Only then did the likes of Mahinda Amaraweera join the government.

It is valid even now. The support of the people lies with us after the local government elections. The opportunity has presented itself now if the President has a genuine wish to proceed”, the JO MP added explaining his stance.

 What are your thoughts on the 19th amendment?

When asked about the legal issues raised by Minister Vajira Abeywardena, The JO MP said that the same conditions that applied to the post of Prime Minister then will also apply now, especially with regard to the 19th amendment to the Constitution.

According to the nineteenth amendment to the Constitution, The Prime Minister shall continue to hold office throughout the period during which the Cabinet of Ministers continues to function under the provisions of the Constitution unless he – (a) resigns his office by a writing under his hand addressed to the President; or (b) ceases to be a Member of Parliament.

However, Prime Minister Ranil Wickremesinghe has strongly rejected calls for his resignation and has challenged the President to show the majority in Parliament if he decides to appoint someone else.

Pact between JO and SLFP

Meanwhile, The JO MP further said that the Joint Opposition and the Sri Lanka Freedom Party are expected to sign a pact today (16).

The agreement between the two sides will be signed at the official residence of former President Mahinda Rajapaksa, the JO MP added.

Colombo Fort Magistrate Lanka Jayaratne ordered Former Governor of the Central Bank of Sri Lanka (CBSL) Arjuna Mahendran to appear before Criminal Investigations Department (CID) on or before March 08.

The time period given to Arjuna Mahendran to appear CID to make a statement terminated yesterday (15). Colombo Fort Magistrate Lanka Jayaratne on February 05 issued notice on Arjuna Mahendran to appear before courts within 10 days. However, Mahendran, who is reportedly in Singapore, failed to arrive in Sri Lanka and to appear before CID by yesterday (14).

On February 12, Colombo Fort Magistrate granted permission to Criminal Investigations Department (CID) to obtain statements from Perpetual Treasuries Limited (PTL) beneficiary owner Arjun Aloysius and its Chief Executive Officer Kasun Palisena who are currently under remand custody.

The Court issued a written order to the Prisons Superintendent asking him to allow the CID to record the statements from February 13, 14, 15. Colombo Fort Magistrate Lanka Jayaratne made this order after considering the request made by CID from Court, to obtain statements from the suspects for further investigations.

Source : Ada Derana

The Cabinet of Ministers have granted approval for a proposal put forward by the Minister of Justice, Thalatha Atukorale, to amend the Criminal Procedure Act in order to increase the age of a child responsible for a crime.

Currently, the minimum age of criminal responsibility in Sri Lanka is 8 years and with the amendment, it is expected to be increased up to 12 years.

It was also decided to gazette the propose amendment and present in Parliament for approval.

Joint opposition MP Kumara Welgama said President Maithripala Sirisena has assured he would consult the Attorney General and legal experts on the possibility of removing the current Prime Minister from his post.

The MP told made this statement to the media after a discussion was held between the President and the JO while adding that the President requested them to accept ministerial portfolios. “However we refused to do so,” he said.

Under the current political scenario, the PM has two options says a website maintained by an official attached to the Presidential Secretariat.

The website appears to have warned the PM that if he does not comply with the President's request to step down from the Premiership it is most likely that he will not only lose the post of PM but also his party leadership and reputation as well. According to the post, the only way he will receive any relief from the bond scam accusations are if he steps down honourably as requested it further added.

Will the PM go home honourably? Or head to prison after destroying the party and the UNP government? is a crucial choice to be made by him alone the site said.

Co-Cabinet spokesman Minister Rajitha Seneratne has categorically denied the front-page news article carried out by Lankadeepa yesterday (15), stating that he did not mention anything even remotely related to what was reported in the newspaper.

Lankadeepa had published an article on the front page with the heading, ‘Cabinet reshuffle- President decides to allocate Finance, Law and Order to the SLFP: Rajitha says’, quoting Minister Senaratne at the Cabinet decisions press briefing held yesterday at the Government Information Department.

Issuing a media release, Minister Senaratne claims that the article in question was incorrect and said that this was a serious fake news article.

The Minister further said that anyone can find the full video of yesterday’s Cabinet press briefing by visiting the Government Information Department website to alleviate any doubts with regard to what he had said.

He further requested Lankadeepa to issue a correction giving the same prominence it did to the fake news article.

Several rights organisations have written to the head of UN peacekeeping operations requesting to stop Lieutenant Colonel Rathnappuli Wasantha Kumara Hewage due to lead the 12th Force Protection Company (FPC) for the United Nations Interim Force in Lebanon (UNIFIL) on 18 February 2018.

A commander with frontline combat command experience in the final phase of the civil war in 2008-9, Lt Col Hewage “should have been screened out of all UN peacekeeping duties,” says the letter marked “very urgent” to Under-Secretary-General for Peacekeeping Operations Jean-Pierre Lacroix.

“We note that the Human Rights Commission of Sri Lanka has been asked to vet UN peacekeepers from Sri Lanka but consider that ultimately the responsibility lies with your department,” it adds.

Extensive violations

The letter details the commander’s wartime record in a period when extensive violations of international humanitarian law and human rights law perpetrated by the Sri Lankan security forces.

“These violations involved repeated targeted attacks on civilian objects, such as hospitals and food queues, denial of food and medicine to civilians, as well as extrajudicial executions and enforced disappearance by the military, which met the threshold for war crimes and crimes against humanity.”

Referring to the official website of the Sinha Regiment, the letter points out that Lt. Col. Hewage (then Major) was present in Puthukkudiyiruppu frontline after he 'took over duties as the Commanding Officer of the 14th Battalion on 20th February 2009'. This was after his active participation in the massive military assault on Kilinochchi as the Acting Commander of 4 Sinha Regiment, which functioned under the 57 Division led by Major General Jagath Dias.

This information already in the hands of the UN would have been enough to reject his application, says the letter, which highlights that the failure to screen Sri Lanka troops and senior personnel ended up in sending three commanders with a war record for peacekeeping operations in Lebanon immediately before Lt Col Hewage.

The commanders are Lieutenant Colonel C.A Rajapaksha, Lieutenant Colonel Dinesh Udugama and Lieutenant Colonel G.P Kodithuwakku.

“All of this suggests inadequate screening by both the UN and Sri Lanka who also has a due diligence obligation, and this is only the contingent commanders, not the men serving under them,” Under Secretary General Lacroix was told.

The Lebanon-bound Sri Lanka Force Protection Unit contingent comprises of 10 officers and 140 other rankers, says the Sri Lanka army.

Source : JDS Sri Lanka

The Joint Opposition has informed President Maithripala Sirisena that they will support to form a UPFA government unconditionally, JO MP Dinesh Gunawardena said today.

JO stalwart Dinesh Gunawardena made this statement following a meeting with President Maithripala Sirisena at his official residence today. Several JO leaders were seen arriving at the Presidential residence for a meeting with the President.

Meanwhile, National organizer of the SLFP, Susil Premajayantha had met with former President Mahinda Rajapaksa today. He was earlier quoted as saying that if the present government continues as it is a majority of the UPFA members are unlikely to support it.

He is said to have informed Rajapaksa that they are ready to form a UPFA government after the removal of Prime Minister Ranil Wickremesinghe. A committee appointed to execute further steps to form a UPFA government is said to consist of Minister Premajayantha and MP Dinesh Gunawardena.

JO MP Kumara Welgama said that the Joint Opposition will not accept any portfolios in a SLFP-JO government. He further said that President Sirisena will consult the Attorney General and legal experts on removing the Prime Minister.

A SLFP stalwart is reportedly presenting bids to lure in MP’s to form a SLFP led UPFA Prime Minister sources said.

This politician is said to be approaching a large number of UNP MP’s querying as to what the MP expects to cross over and what can be offered by the SLFP to them. When asked a UNP MP said a SLFP MP in connection to a popular sport is attempting to lure UNP MP’s by trying to get them to cross over.

 However the UNP MP said the party is not troubled by the actions of this politician and instead is now focusing on giving effect to the people’s mandate of 2015.

Presidential secretariat officials claim that the President’s wish is to appoint UNP MP Karu Jayasuriya as the Prime Minister and the country’s religious leaders are actively involved in the process.

Facing the current political scenario requests asking the MP to accept the post of PM in honour of Maduluwawe Sobitha Thera are putting great pressure on Jayasuriya, a website maintained by an official attached to the President’s office claimed.

It also reported that the President informed the current PM to step down after the SLFP parliamentary group conveyed their displeasure at continuing with the good governance government with Ranil Wickramasinghe at its helm.

However, according to the website the PM’s refusal to step down and his attempts to forcefully remain in the position has caused great instability of the government with the UNP risking the loss of power. As a result, if the good governance government is to continue it is imperative that the PM step down while handing over the position to Jayasuriya and he is now being pressured to do so the website further added.

The website has stressed that this is the only way to continue to the good governance government and for the UNP to stay in power.

 Karu’s stance :

 Several representatives of the President including some UNP MPs’ have recently met Jayasuriya recently and called on him asking him to accept the post of PM.

It is reported that MP Chathura Senaratne, the son of Minister Rajitha Senaratne, is playing a pivotal role in this instance.

Several diplomats are said to have also enquired on Karu’s stance while requesting him to intervene to prevent a similar situation as that of The Maldives.

However, Karu is said to be of the stance that he will not accept the post of PM unless the decision is taken by the UNP.

According to sources Jayasuriya’s name was one of the initial names suggested by the President’s party during discussions to replace Wickramasinghe as the PM.

The National Media Centre has noted that legal action could be taken against the Sirasa television channel belonging to the Capital Maharaja Organization for their telecast recently titled ‘The current situation of the political crisis - Live’ on February 13 running in five segments from 12 in the afternoon to 10 in the night.

According to Centre certain material of the telecast by way of statements and allegations can be deemed defamatory which may be legally actionable. It also noted that the program was clearly focused on creating a public opinion that PM and leader of the UNP Ranil Wickramasinghe should resign from his posts by blaming him for the recent low performance of the government at the recent LG polls. The National Media Centre also noted that media ethics has been clearly violated as none of the accused were given an opportunity to respond to the claims and allegations being made.

The Centre says program had attempted to say that the UNP has suffered a major defeat, that it was caused by the leadership of Wickramasinghe while also criticising the move to form a UNP government. The presenters had also gone on to bring up the past actions of the PM and insinuating that he is attempting to remain in power with the help of known businessman. The program had gone on to level a large number of one sided allegations of the UNP throughout the program bringing in to question the independence of the media organization.