News
Wide powers for commission; interim report in two months
Corruption, fraud, and misuse or abuse of power in the past five years are among subjects for probe by a Presidential Commission which will present an interim report in two months and a final report within a year, according to a gazette notification issued this week.
The Commission’s Chairman, Supreme Court Justice Priyasath Dep told the Sunday Times that newspaper advertisements calling for information or petitions from the public regarding such allegations would be placed within the coming week and public sittings would begin once these were processed.
“There are some logistical matters to be sorted out. These include recruitment of staff and the appointment of a secretary to the commission,” he said. Its office will be located at the BMICH.
The other members of the commission are Supreme Court Justice Anil Goonaratne, High court Judge Gihan Kulatunga, Retired Auditor General A.C. Mayadunne and Retired Additional Solicitor General Aiyathurai Gnanathasan. The Commission, according to the notification, will probe allegations of “corruption, fraud, criminal breach of trust, criminal misappropriation of property, cheating, and abuse or misuse of power or authority, state resources and privileges” which have “resulted in serious loss or damage to state assets and revenue” and will cover the period between January 2010 and January 2015.
It has been empowered to call for and receive public complaints, information and other material relating to serious allegations against persons who have held or continue to hold political office and those who have been or continue to be public servants and officers of statutory bodies. The commission will conduct prompt, impartial, comprehensive investigations and inquiries into complaints, information and allegations referred to it.
The SPC is also empowered to identify persons responsible for such offences and to collect evidence and forward to the Commission to Investigate Allegations of Bribery or Corruption or to the Police or other relevant authorities to enable them to conduct necessary investigations with the view to instituting criminal proceedings against such persons. The commission will also be able to transmit to the Attorney General investigational and inquiry material, enabling the AG to consider the institution of criminal proceedings against persons alleged to have committed any of the offences and prosecute the accused.
The commission has also been asked to present to the President its recommendations on what action if any, should be taken against those held responsible for having committed offences and recommendations aimed at preventing the occurrence of such offences and acts of wrongdoing in the future.
All public servants and officers of statutory bodies, and other persons, from whom the Commission may seek assistance or information, have been directed to render all necessary assistance and furnish all such information as required for investigations.
President Sirisena has said the setting up of the Commission has been necessitated by the fact that “no independent, impartial and comprehensive criminal and other investigations and inquiries have been conducted with regard to such complaints, allegations and information with the view to ascertaining the veracity of such complaints, allegations and information”. It is in the interest of public security and welfare, to conduct such investigations so that “there will be no recurrence of such alleged acts amounting to offences and abuse or misuse of power of authority,” he said.