Among the powers of the Chief Executive
of Sri Lanka is the significant powers
vested in him or her to appoint presidential
commissions of inquiry to have special
investigations conducted on issues of
importance.
It is a practice resorted to by all
presidents since the introduction of the
present constitution, way back in 1978, and
how this particular power had been exercised
is a moot point, given that public often
tends to view presidential commissions as
time-buying exercises when issues become too
hot to handle for both the executive and the
government.
Findings
While the public generally takes a dim
view of presidential commissions, largely
due to the impression that these are bodies
that function independent of the country’s
judiciary hence enjoying a different
mandate, what happens to the findings of
these commissions also often remain somewhat
of a mystery.
Since the famous presidential commission
appointed by President R. Premadasa to
investigate the functions of the non
governmental organisations operating in Sri
Lanka, the country had witnessed many an
important presidential inquiry being
appointed, comprising most imminent
professionals.
Attention
What is often considered an academic and
time buying exercise, though these inquiries
initially attract much attention, the
country hardly gets to know what happens to
the findings of the commissions.
Take the special probe on SLMP Leader
Vijaya Kumaratunge’s assassination or any
other. The hype tends to give way to a
general feeling of apathy and non-action.
While the practicality and usefulness of
these commissions could well provide the
basis for a different debate, let’s just
take the eight presidential commissions
appointed by President Mahinda Rajapakse to
inquire into several important issues.
Swift
Elected to the highest political office
in November 2005, President Mahinda
Rajapaske did not waste time and moved
swiftly to appoint some.
The very first was a Presidential
Commission of Inquiry into Procurement of
High Value Weapons, other Military Equipment
and Services during 2000-2005 by the
Government of Sri Lanka headed by Supreme
Court Judge Shiranee Tilakawardane.
This commission was to inquire and report
on matters relating to the procurement of
weapons, other military equipment, materials
and services closing in excess of Rs.100
million each by the government of Sri Lanka
during the period 2000-2005.
The expenditure incurred as of December
8, 2008 was over Rs. 13 million, Rs.
13,105,537.96 to be exact and the final
commission report was presented to President
Rajapakse months ago but the public are yet
to see those findings.
Questions
The question naturally arises whether the
findings are kept under wraps for political
expediency or even as a sword of Damocles
against any persons the Commission has
passed strictures on?
The second presidential commission of
inquiry too was appointed to inquire into
matters arising out of the procurement of
high value weapons, other military
equipment, materials and services, this time
by the Sri Lanka Navy. Supreme Court Judge
R. A. N G. Amaratunga chaired it.
It was to inquire and report on matters
relating to the procurement of high value
weapons, other military equipment, materials
and services during the period 2001-2005 by
the Sri Lanka Navy. The final report has
been presented. The incurred expenditure
amounted to Rs. 11,701,321.96
The third such inquiry was appointed
amidst huge protests and allegations of
involvement of the defence establishment to
inquire and report on the assassination of
the late Joseph Pararajasingham, MP who was
gunned down in Batticaloa on Christmas Eve,
2006.
Presented
A final report has been presented by
Chairman and retired Supreme Court Judge
Mahanama Tilakaratne. This commission of
inquired incurred expenditure amounting to
Rs. 2,126,102.72
The next inquiry was appointed when there
was a massive public outcry over the
disappearances and abductions of civilians.
Again headed by retired Supreme Court Judge
Mahanama Tilakaratne, this commission was
mandated to inquire into and report on
incidents of abduction, disappearances and
attacks on civilians resulting in deaths
throughout the island during January 2006 to
September 2006. A final report has been
presented in this connection. The incurred
cost was Rs. 4,33,416.62
Violations
The fifth presidential commission of
inquiry appointed by President Mahinda
Rajapakse was to inquire into and report on
incidents involving serious violations of
human rights, the ongoing terrorist
activities against the government, security
forces and people and the counter measures
adopted by security forces and the police.
Chaired by retired Supreme Court Judge N
K Udalagama, the commission has not yet
concluded its inquiry. The incurred
expenditure by this commission so far
amounts to Rs. 6,641,030.26.
Inquire
The sixth presidential commission, again
headed by retired Supreme Court Judge
Mahanama Tilakaratne was specifically
mandated to inquire into and report on
incidents of abductions, disappearances,
unidentified bodies and killing of persons
throughout the island in the recent past.
Inquiries have not yet been completed. The
commission has incurred expenditure
amounting to Rs. 6,213,353.58 as of December
8,2008.
The next, or the seventh presidential
commission of inquiry was appointed for a
special requirement amidst growing concern
in the country about failed finance
companies. This special presidential
commission of inquiry was appointed to
inquire into and report on the payment of
advances to the Failed Finance Companies by
the Central Bank of Sri Lanka and the
recovery of such payments could be made from
the failed finance companies and what action
could be taken against the directors of such
failed finance companies.
Retired Supreme Court Judge Priyantha
Perera headed this commission and so far it
has incurred Rs. 16,059,868.72.
In progress
The inquiries are still in progress,
according to a report submitted to
parliament.
The eighth and final presidential inquiry
was appointed once again to inquire into
matters financial, following he VAT scam,
considered to be the biggest tax fraud
committed in South Asia in recent times.
This commission, headed by M P Paranagama,
a retired High Court Judge is mandated to
inquire into and report on the alleged VAT
fraud at the Department of Inland Revenue in
the process of making VAT refund during the
period 01-10-2002 to 25-08-2004.
The inquiries have not yet been
completed.
The incurred cost of the eighth
presidential commission of inquiry is in the
range of Rs.7, 380,965.57
Accordingly, so far three final reports
have been submitted, and even then, there is
little knowledge among the people as to what
the findings are. Not forgetting that these
commissions are appointed to inquire into
matters of significant national importance,
often appointed too as a presidential
response to a massive public outcry.
Complete
When the commissions complete their work
and submit reports, or submit interim
reports, it is only fair to create maximum
discussion on the said reports and create
public awareness.
Instead, often these reports end up as
bulky documents, academic attempts to
analyze a situation - or at their worst, a
costly exercise that helps administrations
to buy time and sweep matters of concern
under the carpet.