PCoI cannot summon or investigate AGs officials - AG

PCoI cannot summon or investigate AGs officials - AG

June 22, 2020   06:16 pm

The Attorney General has informed the Presidential Commission of Inquiry on political victimization that under Section 16 of the Commission of Inquiry Act, the Commission cannot issue notices to Senior State Counsel Janaka Bandara.

Attorney General Dappula de Livera has informed this to the Chairman of the Commission in writing, today (22), stated the Coordination Officer of the Attorney General State Counsel Nishara Jayaratne.

Accordingly, the Commission has no power to investigate the Attorney General or his officials.

The Commission can only investigate state officials, employees of state corporations, military, or police officers who have been subjected to political victimization.

Further, Complainant Chairman of Avant-Garde Maritime Services Nissanka Senadhipathi does not fall under any of the aforementioned categories, thereby he has no legal right to lodge a complaint at the Commission, the Attorney General has pointed out.

Additionally, as per Articles 4C and 105 of the Constitution, the Commission of Inquiry has no legal provision to review the decisions made by the Attorney General.

Summoning officials under the Attorney General before Commissions creates adverse and harmful effects on the statutory duties of the Attorney General, as per Section 16 of the Commission of Inquiry Act.

Thereby, the notices and summons issued on Senior State Counsel Janaka Bandara is a violation of the law and is not considered valid before the law.

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