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| Friday, 9 January 2004 |
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Millennium City : Motion on Select Committee passed by Jayantha Sri Nissanka and Bharatha Malawaraarchchi A motion to appoint a Select Committee to examine and report on the findings and recommendations of the Army's Court of Inquiry and the Commission of Inquiry appointed by the President into the alleged maintenance of an Army Safe house at Millennium City, Athurugiriya was passed with a majority of 57 votes in Parliament yesterday. The TNA voted with the Government for the motion while the PA and JVP voted against. The vote was taken after members from both sides put forward various arguments in support and against the motion. The debate went on for over two hours. The motion which was presented by the Leader of the House W.J.M. Lokubandara was criticised by Opposition MPs who alleged that the Government was trying to conceal facts regarding the safe house at Millennium City, Athurugiriya. Opposition members claimed that it is illegal to appoint such a Select Committee which would be sub-judice since the findings of a Commission of Inquiry from proceedings of the committee is similar to the proceedings of a Court. However, Government members defended their position emphasising that Parliament had the jurisdiction to look into any matter as Parliament is the supreme body. Opposition MP Nimal Siripala de Silva described the Government's appointing of a Select Committee to inquire into the Millennium City Safe House probe as a coverup of its guilt. He urged the Government to desist from conducting a political trial on the issue. "If the Government or anyone has any doubt over the findings they can go to the Supreme Court," he added. Citing a previous incident, the Member said that Mr. Paskaralingam went to the Supreme Court against a Presidential Commission. Since this issue is before court, the Parliament cannot appoint a Select Committee to inquire into the incident. He questioned whether the Parliament can conduct such an inquiry by way of a Select Committee when the court is inquiring into it. PA MP Jeyeraj Fernandopulle citing section 3, 4 and 5 of the motion itself stated that this incident is being taken up in courts. Therefore, Parliament cannot discuss this issue in a Select Committee. MEP Leader and PA MP Dinesh Gunawardane expressing his views on the same issue said that no Member shall refer to any matter before courts. "If an MP cannot talk on an issue in courts how can we appoint a select committee to inquire into the Millennium City incident," he questioned. "It is like Parliament taking over the functions of Courts", he noted. PA MP Raja Collure said: "The Millennium City incident has not been published as a legal document yet. The Presidential Commission has not yet completed its work. Erskine May himself said that even a Coroners Court constitutes a "court". It will make a bad precedent if we allow this kind of political intimidation over courts," he added. Leader of the House and Minister of Buddha Sasana W.J.M. Lokubandara said that the Speaker has cleared misconceptions on this issue. Parliament has the legislative authority. We are bound to protect the judicial power and people's sovereignty. Finance Minister K.N. Choksy clarifying the arguments of the Opposition said "appointing a Select Committee is not a political decision but taken in conformity of the available law." "Parliament is empowered to pass laws and check whether laws are being properly implemented. That is the duty of the House", he added. Minister Choksy said that the President may be having an immunity before the law but she is answerable to the House on her actions as per Section 42 of the Constitution. She is not above the law. The Athurugiriya incident is connected to the country's defence. Therefore, the House has jurisdiction to inquire into the incident and the right to appoint a Select Committee. Minister of Lands Rajitha Senaratne said it is wrong to say that there is no legal document on the Athurugiriya Safe House. It was handed over to the President on December 5. Minister of Parliamentary Affairs A.H.M.Azwer questioned why the Opposition was against a proper inquiry by a Select Committee. Ministers Kabir Hashim and Rauf Hakeem also spoke. |
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