News
SC grants Assad Sally leave to proceed with FR petition challenging his detention
By Chitra Weerarathne
The Supreme Court on Monday (11) granted leave to proceed with the fundamental rights violation petition filed by Assad Sally.
Arguments were fixed for December 15.
Leave was granted on the alleged unequal treatment, alleged illegal arrest and illegal detention at the inception.
Deputy Solicitor General Dileepa Pieris, yesterday, told the Supreme Court that Assad Sally had been indicted in respect of comments he had made at a Press Conference on March 9, 2021. Sally had said that he respected only the Muslim law and not laws of the state of Sri Lanka. The indictment is dated July 26, 2021. Sally is indicted under the Prevention of Terrorism Act.
Sally was arrested on March 18, 2021.
President’s Counsel Faiz Mustapha, who appeared for Sally said that the contents of what Sally said had been taken out of context and edited.
Mustapha PC, was supporting the Fundamental Rights Violation petition filed by Assad Sally. The statements taken out of context were telecast. Persons who were in the audience at the Press Conference, had not complained.
The fundamental rights violation petition said that the arrest was unlawful, and Sally should be released.
Assad Sally is a former Governor of the Western Province. He is the leader of the Muslim Makkal Congress.
Counsel Mustapha said that Sally had exercised his right to freedom of speech at this Press Conference, held in Colombo. Sally had been arrested by the CID.
Faiz Mustapha added that there was no authorisation in the ‘B report’ to arrest Sally. B-report only refers to advice given by the Attorney General.
Mustapha, PC said that investigation reports said that Sally was not involved in the Easter Sunday attack as suspected. He was not involved in the destruction of the Mawanella Buddha statue, as alleged earlier. Police had reported the same to the Magistrate, he added.
The arrest was prima facie illegal Mustapha PC argued.
The bench comprised Chief Justice Jayantha Jayasuriya, Justice S. Thurairajah and Justice Yassantha Kodagoda.
News
PAFFREL raises concerns over Anti-Corruption (Amendment) Bill
Executive Director of People’s Action for Free and Fair Elections (PAFFREL) Rohana Hettiarachchi yesterday (28) said that there were three major concerns regarding the Anti-Corruption (Amendment) Bill 2026. Acknowledging the recent Supreme Court determination, in respect of the above-mentioned Bill, that three of the provisions were not consistent with the Constitution, requiring a special majority in Parliament, with one clause requiring approval by the people at a Referendum, Hettiarachchi said nonetheless PAFFREL had decided to bring their concerns to the notice of President Anura Kumara Dissanayake.
Responding to The Island queries, Hettiarachchci said that PAFFREL sent a letter, dated 24 Sept., to President Dissanayake, regarding the issue at hand.
Petitions against the Bill was heard before a three-judge Bench of the Supreme Court, comprising Justices Shiran Gooneratne, Mahinda Samayawardena and Sampath Wijeratne.
PAFFREL and Transparency International Sri Lanka (TISL) were among the petitioners who challenged the proposed amendments to the Anti-Corruption Act No. 9 of 2023. “We did so in public interest,” Hettiarachchchi said, adding that three major concerns were (i) the breadth of the proposed redaction power and the proposed criminalisation of certain uses of publicly accessible redacted asset declarations, particularly in relation to freedom of expression, and the public’s right to meaningfully receive and impart information (ii) raising of the State or public-corporation shareholding threshold for certain asset declaration obligations from 25% to 50%, as this could exclude officers of State-linked entities in which the State holds less than 50%, in spite of such entities exercising public functions and managing public resources and (iii)role of the Director General Ranga Dissanayake.
Hettiarachchchi emphasised that though the PARREL appreciated the way CIABOC DG handled his responsibilities, centreing of power on one person was not acceptable.
Hettiarachchi urged President Dissanayake and the 159-member government parliamentary group to pay attention to concerns raised by those who moved court against the controversial Bill and address their concerns though the Parliament received the SC determination.
An International Monetary Fund mission that visited Colombo recently warned that the proposed amendments could weaken the country’s anti-corruption framework.
The mission, led by Evan Papageorgiou, was in the country from 10 to 23 September for discussions on the seventh review of the Extended Fund Facility and the 2026 Article IV consultation. (SF)
News
First cases taken up by SC after enactment of 22A dismissed
The Supreme Court yesterday (28) dismissed two petitions filed by retired Flight Lieutenant Shantha Jayathilake against Deputy Inspector General of Police of the Criminal Investigation Department (CID) Shani Abeysekara and Secretary to the Ministry of Public Security Ravi Seneviratne, and Rev. Father Cyril Gamini, alleging them of committing contempt of court.
They were the first cases dealt by the Supreme Court after the enactment of the 22nd Amendment to the Constitution.
The recipient of gallantry medal alleged that contempt of court had been committed through an affidavit previously submitted to the Supreme Court by Shani Abeysekara and Ravi Seneviratne.
The other petition alleged that contempt of court had been committed through the contents of a complaint submitted to the Criminal Investigation Department by Rev. Father Cyril Gamini.
The Supreme Court ordered that both petitions be dismissed without being taken up for hearing.
News
Now NR named 4th suspect in Krrish case
The Commission to Investigate Allegations of Bribery or Corruption (CIABOC) yesterday (28) named former Minister and leader of the SLPP parliamentary group Namal Rajapaksa as the fourth suspect in the Krrish case before the Colombo Chief Magistrate’s Court.
The MP was named as the fourth suspect in the wake of the arrest and remanding of former Executive Officer and Director of the Krrish Group, Janaki Siriwardena, regarding the payment of Rs. 70 mn to Namal Rajapaksa to facilitate the land transaction. Police arrested Ms. Siriwardena on 24 September and she was remanded till 6 Oct. pending investigations.
The investigation focuses on 4.3 acre land development in the Fort area that began in the 2013-2014 period. Investigations were launched in 2016 by the Yahapalana government, following a complaint lodged by Wasantha Samarasinghe, now a Minister in the current Cabinet.
The Indian company in this controversy is Krrish Transworks Colombo (Pvt.) Ltd .
The CIABOC named Namal Rajapaksa as a suspect in the Krrish case while he was remanded over two cases in respect of Airbus bribery probe. (SF)
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