|
|
|
 |
 |
 |
| Thursday, 1 January 2004 |
 |
|
 |
News | |
| News Business Features Editorial Security Politics World Letters Sports Obituaries
|
Absurd, says legal luminary by Chamikara Weerasinghe The summoning of the Director General of the Commission to Investigate Allegations of Bribery and Corruption before a Parliament Privileges Committee is improper and tantamounts to challenging the functions of the Bribery Commission, a well-known legal luminary said. Former principal of Law College and former President of the Bar Association, Constitutional Lawyer R.K.W. Goonesekera described as "absurd" the move to haul an investigating officer to answer Parliament while the very investigation was in progress. Bribery Commission Director General Piyasena Ranasinghe had been asked to appear before the Parliamentary Privileges Committee on a matter of breach of privilege against UNP MP Palitha Ranga Bandara, who has complained to Parliament that the Commission recommenced a bribery investigation against him (the MP) after the matter was deemed to have been closed. Goonasekera said the Commission has every right to investigate a bribery case, whether it involves MPs or not. "This is not the first time that an MP was under investigation by the Bribery Commission. The MPs have been arrested and produced before Courts on bribery charges in the past," he said. Calling the Commission's Director to appear before Parliamentary Privileges Committee just because he was conducting an investigation against an allegation, which is his rightful duty in terms of the powers vested in him, is simply absurd, he said. Senior lawyer and Law Commission member Dr. Jayatissa de Costa, however said Parliament may summon the Commission since the MP concerned has lodged a complaint to Parliament about his privileges being breached by the investigation concerned. Dr. de Costa pointed out that the situation can lead to a fresh crisis on top of the present problems. He said under provision of the present Constitution, judicial power is exercised through Parliament via the courts but where an issue of the privileges of a Member of Parliament is involved, Parliament can directly exercise this judicial power of the people. He said in terms of Article 4 C of the Constitution, "the judicial power of the people shall be exercised by Parliament through Courts, tribunals and institutions created and established or recognised by the Constitution or created and established by law, except in regard to matters relating to the privileges, immunities and powers of Parliament and of its members, the judicial power of the people may be exercised directly by Parliament according to law." Meanwhile, Director, Lawyers for Human Rights, Kalyananda Tiranagama, Attorney-at-Law said the summoning of Bribery Commission's Director General Commission before Parliament Privileges Committee when he is investigating a bribery allegation was a gross interference by the Parliament in the functions of the Commission. "This could also set a bad precedence concerning the independence of functions of the Commission," he said. |
|
News | Business | Features
| Editorial | Security
Produced by Lake House |
