Sri Lanka SC clips Northen Chief Minster Wigneswarans wings

C.V.Wigneswaran Tu e s d a y, M a r c h 2 5 , 2 ! " The Supreme Court yesterday issued an Interim Order suspending the operation of the Administrative Standing Instructions of the Northern Province Chief inister C.V.Wigneswaran. The !ench comprising Chief "ustice ohan Peiris# "ustices $.Sripavan and Sathya %ettige issued the Interim Order unti& the fina& determination of the fundamenta& rights petition fi&ed 'y Northern Province Chief Secretary cha&&enging the Chief inister(s interference with her emp&oyment and his 'id to remove her from office. The Court granted &eave to proceed with her rights app&ication for the a&&eged infringement of her fundamenta& rights to e)ua&ity and e)ua& protection of &aw as we&& as her fundamenta& rights to the freedom to engage herse&f or in association with others in any &awfu& occupation and the freedom of movement. The matter is fixed for hearing on July 14. Some of the impugned instructions issued 'y the Chief inister are as fo&&ows* 1. Except in instances relating to matters explicitly indicated in the Constitution all reporting and submissions to the Governor and to any others outside the Provincial Council shall be done only with knowledge of the Minister in charge. he Chief !ecretary" !ecretaries and #eads of departments will be held responsible for any breach of communication channel at their respective levels. $. !enior officers shall travel out of Province only with the prior approval namely Chief !ecretary approved by the Chief Minister. %. &ll !taff officers who are re'uired to attend programs outside the working stations shall work on a monthly advance program with prior approval namely Chief !ecretary approved by Chief Minister. (. &ll appointments including contract appointments and re)employment of all category and

inducting of any officer of the &ll *sland !ervices in to the Provincial &dministration should be done with the prior approval of the +oard of Ministers. ,. &ll annual transfers and other transfers in)between shall have an ultimate ob-ect of strictly enforcing the transfer policies at least until the end of next two years. .. &ny transfer into the Provincial council and out of Provincial council should have the prior approval of the +oard of Ministers. /. 0o officer without permission from the Chief Minister shall have any media conference on their own. &ll en'uiries by the media should be directed to the Media 1nit. 0o information pertaining to the activities of the Provincial Council should be released without the concurrence of the Ministers concerned. Chief Secretary Wi+e&edchumi ,amesh cited Northern Chief inister C.V.Wigneswaran# President(s Secretary -a&ith Weeratunga# Northern .overnor .. Chandrasiri and em'ers of the Pu'&ic Service Commission# Secretary to the inistry of Pu'&ic Administration / %ome Affairs as we&& as the Attorney .enera& as ,espondents. .omin 0ayasiri appeared for the Petitioner. Pa&itha .amage appeared for the .overnor. Senior State Counci& Nerin Pu&&e appeared for Secretary to the President and the Attorney .enera&. Petitioner was not present and unrepresented. She is see1ing the Court for a dec&aration that the Chief inister has infringed and2or is causing imminent infringement of her fundamenta& rights. She is a&so see1ing the Court for a dec&aration that the Chief inister is attempting to remove her from her office and2or his interference with and2or attempting to interfere with her power and2or her duties which has infringed her fundamenta& rights. She &aments that the conduct of the Chief inister in attempting to interfere with her emp&oyment and attempting to remove her from the office of Chief Secretary is wrongfu& and2or i&&ega& and2or ar'itrary and2or capricious and2or discriminatory and is in comp&ete vio&ation of her fundamenta& rights to e)ua&ity and e)ua& protection of the &aw as we&& as discrimination on the grounds of po&itica& grounds. She 'emoans that the conduct of the Chief inister is a&so comp&ete vio&ation of her fundamenta& rights to freedom of speech and e3pression and the freedom to engage herse&f or in association with others in any &awfu& occupation. She maintains that neither the Constitution nor the Provincia& Counci& Act grants the power to the Provincia& Counci& of the Chief inister upon their e&ection to the Provincia& Counci&# transfer and2or remove and2or interfere with the emp&oyment or conditions of the emp&oyment of the incum'ent Chief Secretary of a Province.

She states the Chief Secretaries of other Provinces have not 'een changed or removed as a conse)uent of any po&itica& change in the Provincia& Counci&s su'se)uent to e&ection. She further states that the Chief Secretaries of a&& provinces of Sri -an1a have 'een appointed in terms of Provincia& Counci& Act 'y the President. She contends that as such their appointments and remova&s and service conditions are under the purview of the President who e3ercises his authority through the President(s Secretary and the .overnors of the Provinces. She 1eeps up that in her capacity as Chief Secretary of the Province# her appointment# dismissa& and conditions of service inc&usive of powers and authority conferred on her fa&& within the purview of the President who e3ercises his authority through the President(s Secretary and the .overnor 'y statutory and2or administration process un&ess de&egated. She states the Northern Province Chief inister# in '&atant# and intentiona& vio&ation of her powers and duties conferred under the Constitution and Provincia& Counci& Act has directed that appointments inc&usive&y contract appointment and re4emp&oyments of a&& category and induction of any officers of the a&& Is&and Services into the Provincia& Counci& Administration shou&d 'e done with prior approva& of the !oard of inisters of the Province. She c&aims whereas the induction of any officer of the a&& is&and services into the provincia& administration is e3ercised 'y the Chief Secretary in terms of e3isting &aw and a&& appointments are effected 'y the Provincia& Pu'&ic Services Commission who are de&egated with such power in terms of Provincia& Counci& Act. S.S.Se&vanayagam