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Mahinda Rajapaksha again disdains law , Presidential commission officers go to his feet – legal luminaries frown upon it !

(Lanka-e-News -23.Sep.2015, 10.15PM) Kurunegala district M.P. and ex president Mahiinda Rajapakse was summoned to be present today before the special presidential commission of inquiry into grave frauds , based on charges against him  of causing a loss of Rs. 200 million to the Independent television network during the presidential elections for  not paying the advertisement bills  pertaining to his election campaign. However , the ex president who was a byword for lawlessness even when he was the president has on this occasion too refused to abide by the laws : He did not  appear before the commission.

Consequently , four officers of the commission visited the house of Mahinda at Mirihana and were recording his statement before two lawyers of Mahinda, according to reports.

The crucial question is , after a president has become an M.P., is he entitled to presidential privileges? After he is summoned before a presidential commission , can he dodge it?  Lanka  e news inquired about the legal position in this regard from ex high court judge Warawewa.

Mr. Warawewa had this to say …

When a special presidential commission that has been established under the commissions  statute ,summons an individual to give evidence , and if that individual refuses to comply , the commission officers going to the place of the  individual is tantamount to devaluing the law and demeaning the commission. It is only if the individual is paralyzed , bed ridden in hospital or in prison , such an arrangement is permitted. In such circumstances , either the commission or a judge can visit the individual and record his statement.

If not, what the commission should do is , the individual shall be arrested after obtaining  a court order , and produced before the commission for cross examination.

Mr. Warawewa in response to the question whether Mahinda Rajapakse is entitled to presidential immunity , said, primarily , the former president is not entitled to any immunity in law. The immunity applies only during his tenure of office. This was clearly proved in the Water’s edge case against ex president Chandrika. Action was filed against her in that case and even a decision was delivered that compensation shall be paid by her.

The ex president is entitled to some privileges , but after he swears in as an M.P. he is divested of his presidential privileges, because he becomes entitled only to the latest privileges of his as M.P. , and not the  presidential privileges he enjoyed before. If he does not give up on the privileges voluntarily , the parliament should decide on his privileges. Otherwise a supreme court ruling shall be sought on this.

Meanwhile , a most popular legal luminary ,questioned with concern , if Gotabaya also refuses to appear before the commission , are the members of the commission to go to the residence of Gotabaya to record his statement ? The presidential commission by its actions is degrading the commission , he regretted.

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by     (2015-09-23 16:46:17)

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  3 discussion on this news

The Judiciary system of SriLanka has gone to dogs. If MS can replace the chief justice within a week of his presidency, I wonder why he is dragging his feet to change the AG and unscrupulous Judges who are piggybacks of MR.
-- by Tony on 2015-09-24

other rogues look after the biggest rogue and vice versa they should get rid of all Rajapasse's cohorts
-- by polished on 2015-09-24

My guess is that Ranil would have Okeyed the COI going there - so that things go smoothly!!!
-- by S.Mahendra on 2015-09-24

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