Attorney General’s Department says PCoI cannot investigate AG or his officers

23 June 2020 12:00 am - 0     - {{hitsCtrl.values.hits}}

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  • Commission of Inquiry has been appointed to look into alleged political  victimisation of public officers, employees of state corporations,  members of armed forces and the police
  • AG raised objections in terms of Section 16 of the Commissions of Inquiry Act

Attorney General Dappula De Livera yesterday objected to summons and notice being issued on Senior State Counsel Janaka Bandara to appear before the Presidential Commission of Inquiry appointed to probe political victimisation.

The AG raised objections in terms of Section 16 of the Commissions of Inquiry Act and in connection with the Avant-Garde Arms Trafficking Case.   
In a letter to the COI, the AG said that the mandate granted to the commission does not extend the scope of the inquiry of the PCoI to involve the Attorney General or his officers.   


The AG said that the Commission of Inquiry has been appointed to look into alleged political victimisation of public officers, employees of state corporations, members of armed forces and the police.   


He added that therefore Nissanka Senadhipathi, Chairman of Avant-Garde, who is a complainant has no legal standing in the light of the above.    The letter also mentioned that in terms of Article 4 (c) read with Article 105 of the Constitution the Commission of Inquiry was not empowered to review any decision of the AG and could be exercised by only a Court of Appeal law established according to above laws in the Constitution.   


Accordingly, the AG reiterated, summons and notice served on Senior State Counsel Janaka Bandara to appear at the Presidential Commission of Inquiry contrary to law and is invalid.    

 

  • AG raised objections in terms of Section 16 of the Commissions of Inquiry Act   
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