Commission has no power to make orders to stay proceedings before Court of law: AG

Attorney General Dappula de Livera had advised the AIGP that there is no power vested on a Commission of Inquiry to make an order to stay proceedings before a Court of Law or to make directions to the AG to refrain from prosecuting or appearing and assisting in matters before any court.

Replying to a letter sent by the AIGP which suggested that some of the ongoing cases conducted by the CID, FCID and SIU during 2015-2019 are desirable to be held -by till the investigations on the victimization allegation are concluded, the Attorney General had stressed his concerns clearly that the proceedings pending before judicial forum are matters to be decided by that forum and are outside the scope of the executive authority.

“In the absence of an Order from a Judicial forum contemplated under the Article 4 © and the Article 105 of the Constitution, it would be outside the powers of the Attorney General to stay on going judicial proceedings”, the AG stated.

The AG had also mentioned that the matters elicited under the Commission of Inquiry Act and any recommendations made thereon are matters to be considered by the judicial forum.

Earlier, issuing an Extraordinary Gazette on Jan 11, 2020 President Gotabaya Rajapaksa has appointed a three-member Presidential Commission to look into alleged political victimisation of public servants during the period from January 8, 2015 to November 16, 2019.

Referring to the Presidential Commission, the AIGP had sent a letter to the AG on February 02, 2020 confirming that the initial investigations have discovered some phone recordings which are evidence against former Director of the CID Shani Abeysekara and IP Nishantha Silva that they had been conducting these cases in a politically biased nature victimising the suspects.

Hence, AIGP had suggested the AG to stay these ongoing proceedings till the investigations into victimisation is concluded. However, the AG’s reply to the AIGP on February 03, 2020 was negative as he had stated his inability to do so according to the prevailing law of the country. (Shehan Chamika Silva)