AG tells PCoI has no power to question conduct in court

by Zulfick Farzan 11-03-2020 | 7:33 PM

Colombo (News 1st) - Attorney General Dappula De Livera today informed in writing, the Presidential Commission of Inquiry appointed to probe incidents of political persecution / victimization does not have any judicial power or authority to question the conduct of the Attorney General at the Permanent High Court Trial-at-Bar.

This was in response to notice issued on the AG to appear at the PCoI today.

The Attorney General further noted, none of the provisions of the Commission of Inquiry Act or any other written law confer on a Commission of Inquiry the power to make an order to stay proceedings before a court of law or to make such directions to the Attorney General to refrain from prosecuting or appearing and assisting in matters before any court or tribunal established in terms of the law.

The Attorney General stressed any order to stay proceedings before a High Court at Bar or before any other court of law can only be made by a competent court of law and the Commission of Inquiry is not vested with such judicial power.

AG De Livera said in the absence of an order from a competent court, it would be outside the score of his powers or authority or that any of his officers acting under his authority to refrain from diligently prosecuting before a court of law.

Attorney General Dappula De Livera further said while a Commission of Inquiry appointed under the Commissions of Inquiry Act is not vested with any judicial powers contemplated under article 4(c) read with article 105 of the constitution, such a Commission of Inquiry would not be empowered to review any decision by the Attorney General in the guise of the powers of the investigation or inquiry conferred in terms of the Commission of Inquiry Act, as such power could only be exercised by a Court of Law.