CHATURANGA PRADEEP SAMARAWICKRAMA 
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JHU makes public Draft Bill to repeal 13A
The Government’s ally Jathika Hela Urumaya (JHU) yesterday making public its Draft Bill to repeal the 13th Amendment to the Constitution said MP Aturaliye Ratna Thera would present the Bill to Parliament soon.
The party also called on all political parties to allow their MPs to vote according to their conscience when the Bill was taken up for voting after it was presented to Parliament.
JHU Parliamentarian Ven. Athuraliye Ratana Thera addressing a press conference said the biggest tribute that this government could ever give to the soldiers who fought and died to eradicate terrorism from Sri Lanka was repealing the 13th Amendment.
“We ask every Parliamentarian who wants unity, sovereignty and democracy to prevail in this nation to vote according to their conscience when the Bill to repeal the 13th Amendment is produced in parliament. This Bill is not introduced to violate the rights of the Tamil people. So we hope that everyone would vote in favour of this Bill and help to repeal the 13th Amendment,” Rathana Thera said.
The Draft Bill states that the 13th Amendment to the Constitution was purportedly enacted, consequent to the Indo- Sri Lanka Accord being entered into between the President of Sri Lanka and the Prime Minister of India in 1987 under duress in defiance of the sovereignty of the people of Sri Lanka.
It also states that the Supreme Court of the Democratic Socialist Republic of Sri Lanka did not approve the provisions of the 13th Amendment Bill as being consistent with the Constitution in as much as only four judges of the Supreme Court out of nine held that the approval of the people at a referendum was not required to enact the 13th Amendment, whilst five judges held that at least one or more of the provisions of the Bill was in violation of the Constitution and therefore required the approval of the people at a referendum.
The Bill notes that the 13th Amendment has even gone beyond the Indian Constitution when devolving powers to the provinces.
Regarding the police powers the Draft Bill sates:
Whereas the 13th Amendment has vested police powers (including powers in relation to maintenance of public order) in Provincial Councils which was hitherto exercised by the Government of Sri Lanka, which will be a serious threat to national security concerns of the Republic in as much as,
(a) the 13th Amendment provides for the Chief Minister of a Province to directly control the Head of the Provincial Police Force and thereby all Police Officers of the said Force and even national police units operating in any province. (vide Item 11 of the Appendix of List 1 of the 9th Schedule) thereby effectively taking away the powers of the Inspector General of Police and the Government of Sri Lanka exercising any authority over such police force,
(b) the 13th Amendment entrusts the responsibility of prevention, detection, investigation of all offences (except the offences specified in the Schedule therein) and institution of prosecutions (subject to the powers of the Attorney General) to Provincial Councils and to enact any law on any such matter and further empower any Provincial Council to prevent any Police Officers of another Province entering such Province (vide the limitations contained in sub paragraph (k) of the 2nd item of List II of the 9th Schedule) and thereby jeopardising the management of law and order and the national security of the Republic.
(c) the 13th Amendment even restricts police officers of the national police force from being in uniform compelling them to be in plain clothes even when performing the limited responsibilities allowed within a province such as when engaging in prevention, detection and investigation of a scheduled offence (vide Item 10:1 read with 12:1 of the relevant Appendix of the 9th Schedule).
Minister of Technology Champika Ranawaka speaking at the press conference said defeating LTTE Leader Prabhakaran was not enough and that his dream of an Eelam state should be defeated as well. (Jayashika Padmasiri)
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