Wednesday, February 17, 2016

Who is hiding files of Rajapaksas in AG’s Department?

 2016-02-17
The Attorney-General's Department disappeared from the Gazette notification in the lists which were in the Gazette relating to the respective ministries, when the ministers were sworn in after the 2010 general election. When the media inquired about it from then Justice Minister John Seneviratne, the minister said he too was searching where it was located in the Gazette notification. But John was unsuccessful in all attempts to locate the AG's Department in the Gazette. Alas! President Mahinda Rajapaksa had taken it under his purview. That was the first time the AG's Department which functioned under the Justice Ministry was plucked out to be placed under the Chief Executive. '
When Mahinda grabbed the AG's Department, the incumbent Attorney General was Mohan Peiris who was appointed by Mahinda. Mohan had earlier served the AG's Department and joined the unofficial bar, after retirement. Mahinda appointed Mohan as AG outside the normal procedure overlooking and undercutting many qualified seniors. This was done contravening the provisions of the 19th Amendment where the Constitutional Council enjoyed the privilege of making that appointment. Mahinda, who undermined the 19th Amendment and the Constitutional Council to the status of dogs, overlooked the much senior person Priyasath Dep and appointed Mohan Peiris in 2008. In 2010, Mahinda wanted the AG's Department, with Mohan Peiris, under his purview.

That was the beginning of the prostitution of justice with the 'sacred dove of justice' (AG's Department) being abused. This reality became visible as the AG's Department under Mohan Peiris was used to attack Sarath Fonseka in an unjust manner and the people realized why Mahinda took control of that Department. It was in such a backdrop that the Supreme Court held that the Military Court which punished Fonseka and unseated him from Parliament was a Court of Law. Mohan Peiris was the AG when that happened in January 2011 under Mahinda's regime. The AG's Department filed action against Fonseka during that period. Mohan held the office of AG till September 2011 and Mahinda appointed Eva Wanasundera to succeed Mohan. All petitions filed by Fonseka against the determinations of the Military Court which tried him, were declared invalid during Eva's period as AG. Having left the office of AG, Mohan was appointed as a Legal Adviser to the Cabinet Office. When Eva ended her period as AG, she was made a Supreme Court Judge by Mahinda. Eva was succeeded as AG by Palitha Fernando. He was succeeded by Yuwanjan Wijeyatilleke.

Yuwanjan Wijeyatilleke
After Mahinda took control of the AG's Department, the public lost confidence in that establishment of justice. Following Mahinda's defeat at the 2015 presidential election, the AG's Department was placed under the Ministry of Justice. Though attempts were made to right serious wrongs committed by Mahinda, the Mahinda loyalists within the AG's Department disregarded the mandate of the people at the 2015 presidential election. The people gave a mandate to Maithripala Sirisena against the corrupt rogues. That was the priority in the list given to Maithri. On the contrary, JVP Leader Anura Kumara Dissanayake alleged that the AG's Department under Yuwanjan protected the rogues instead of trying them before the law. That claim was supported by Minister Rajitha Senaratne. Anura Kumara once told Parliament that the AG's Department under Yuwanjan held two views over the need to arrest Gotabaya Rajapaksa over the Avant Garde deal and later Yuwanjan's successor Suhada Gamlath who acted in that office held that Gotabaya could not be arrested. The truth of that position was not clear.

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