DailyMirror
There is high speculation in the legal circles that there are moves to bring the Attorney General’s Department under the President. A gazette notification is to be released soon with regard to the move, a reliable source told the Daily Mirror.
When inquired Attorney General Mohan Peiries said that he was not officially informed about the move and had to wait till the Gazette was released.
“There is a rumor going around. Anyway even if that happens there won’t be changes in the mechanism as only administrative changes would be taken place,” he said.
“However my position is protected as the Attorney General is a Constitutional appointment”, he said.
The AG’s Department had been kept separately in order to maintain the independence and this move could lead to serious situation, a legal expert who wanted to remain anonymous said.
However, when inquired a number of legal experts viewed that the Attorney General’s Department is kept independent as the Attorney General plays a crucial role in the country.
“Generally you leave the AG alone because he enjoys lot of Statutory powers and he is the highest ranking public officer. AG is the foremost law officer of the state. In all questions of prosecution AG plays a major role and he will decide where a person to be charged or not. In addition, in respect of serious offences AG has the sole discretion to issue a direct indictment,” former Attorney General and Chief Justice Sarath N. Silva said.
“The Attorney General’s Department also has enormous powers and it is kept separate from all the other government departments. AG has to advise all the public departments and they are bound by his advice,” Sarath N. Silva said.
However former CJ admitted that the Executive President has powers to take the ministries and department under his powers.
“Of course there is nothing to prevent President taking all the ministries under him. But normal tradition is to keep the AG independent,” he said.
“This is why we have been telling over and over again to abolish the Executive powers of the President,” Mr. Sarath N. Silva said.
Attorney General’s Department with its more than 125 years of history had been functioning under the Ministry of Justice. Earlier the Attorney General’s Department was under a Senate which had no political connection.
Later a Senator was appointed as a Minister of for the Attorney General’s department. This is done to keep the post of Attorney General independent.
According to the protocol, the post of Attorney General comes above Cabinet ministers.