PCoI has no power to examine Avant-Garde Complaint, says AKD and Shani A.

PCoI has no power to examine Avant-Garde Complaint, says AKD and Shani A.

PCoI has no power to examine Avant-Garde Complaint, says AKD and Shani A.

Written by Zulfick Farzan

13 Jul, 2020 | 7:13 pm

Colombo (News 1st); Leader of the JVP Anura Kumara Dissanayake and SSP Shani Abeysekera today filed two writ petitions with the Court of Appeal seeking the notice issued on them by the Presidential Commission of Inquiry on Incidents of Political Victimization, be invalidated.

The petitioners claim they were named as respondents by the Presidential Commission of Inquiry on Incidents of Political Victimization and were noticed to appear at the PCoI on the 16th and 17th of July.

They claim, according to the Gazette issued establishing the PCoI the commission is only vested with the power to investigate complaints made only by public servants on incidents of political victimization said to have taken place during the period of the former government.

The petitioners pointed out, however, the Presidential Commission of Inquiry had decided to call for examination a complaint filed by the Chairman of Avant-Garde Major Nissanka Senadhipathi.

They state as the PCoI does not have the power to examine a complaint made by a person who is not a public servant, the notices issued on the petitioners need to be invalidated.

The petitioners also seek an interim injunction preventing the examination of Nissanka Senadhipathi’s complaint until the petitions are examined and concluded.

07 people including the Chairman of the Presidential Commission of Inquiry retired Supreme Court Judge Upali Abeyratne, its members Retired Appeal Court Judge Daya Chandrasiri Jayatilleka and Retired IGP Chandra Fernando, as well as the Secretary to the Presidential Commission, were named as respondents in the petitions.

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