Withdrawal of facilities in keeping with SC verdict

COLOMBO: The withdrawal of some facilities granted to former Presidents Chandrika Bandaranaike Kumaratunga and D.B. Wijetunga was mandatory in view of the determination by the Supreme Court and is done with due respect to the views of the highest and final Superior Court in the country on the need to uphold the Rule of Law irrespective of personalities, the Presidential Secretariat said yesterday.

“The Presidential Secretariat rejects the motives being imputed and allegations of wrongdoing being made in this regard, as reported in the media and informs the public that it has acted in full compliance with the relevant legislation and the determination of the Supreme Court,” the Secretariat said.

It said: “Presidential Secretariat is drawn to certain media reports that seek to impute motives to the decision to withdraw some of the facilities given to Chandrika Bandaranaike Kumaratunga in her present capacity as former President and to criticism of similar action regarding former President D.B. Wijetunga.

The withdrawal of these facilities is being done wholly in keeping with the Supreme Court’s determination on the related Fundamental Rights petition - vide S.C (F.R) Application No: 503/2005.

It was the determination of the Supreme Court that the entitlements to former Presidents should strictly conform to the relevant provisions in the Presidents’ Entitlement Act No. 4 of 1986. Accordingly, former President Chandrika Bandaranaike maratunga’s entitlement under section 2 of the relevant Act would be an appropriate residence free of rent, and where an appropriate residence is not available an entitlement to a monthly allowance of 1/3 of the monthly pension payable (to the former President).

With regard to the premises at Independence Avenue, Colombo 7 now occupied as official residence by former President umaratunga, the Court had declared that “Premises No: 27, Independence Avenue Colombo 7, which has not been used as a residence cannot be considered as an appropriate residence for the purpose of section 2 of the Act”.

Former President Kumaratunga had initially sought this as an office, and not as a residence. The Supreme Court determination has made it clear that there is no provision in law for office premises to be provided to former President Kumaratunga.

Former President Kumaratunga will, under section 3, be entitled to a monthly secretarial llowance equivalent to that which is payable for the time being to the person holding the office of Private Secretary to the President, and official transport and facilities relating to such transport as are for the time being provided to a Minister of the Cabinet of Ministers.

Following this determination of the Supreme Court this office sought legal advice on its application to the facilities provided to former President D. B. Wijetunga. This was because former Presidents Messrs. J. R. Jayewardene and D. B. Wijetunga were each provided with office and staff in addition to a residence, on their retirement.

This office has been advised that the determination of the Supreme Court limits the entitlements to all former Presidents to those clearly laid down as the entitlements of former President Kumaratunga, in keeping with the said Act. Accordingly it has been decided to withdraw the office facility provided to former President D. B. Wijetunga at Summit Flats, Colombo 5 and the related office staff not covered by the Act.