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Easter Sunday carnage: Counsel for BASL blames it all on Sirisena

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By Chitra Weerarathne

The failure on the part of the then President Maithripala Sirisena to convene the National Security Council (NSC) had resulted in security lapses that led to the 2019 Easter Sunday attacks, Sanjeewa Jayawardena, PC, told the Supreme Court yesterday (16).

Appearing for the Bar Association of Sri Lanka (BASL) in the Easter Sunday case, Jayawardena alleged that President Sirisena had been responsible for causing confusion in the defence set-up. Had the President, who was also the Commander-in-Chief of the Armed Forces, in addition to being the Defence Minister, convened the NSC regularly, he would have received information pertaining to possible threats to the Catholic Church, the Methodist Church and the Indian High Commission, the court was told.

The President’s Counsel explained that information had been received that Zahran Hashim was planning to mount attacks on Catholic Churches and the Indian High Commission. The then head of the State Intelligence Service (SIS) Senior DIG Nilantha Jayawardena had reported the threat to the then Secretary Defence and the IGP, the Counsel explained.

The SIS had been under the Minister of Defence, he explained. President Sirisena, who was the head of the defence apparatus, was responsible for overall failure, the Counsel argued. In 2018, an open warrant was issue don Zahran by a Magistrate. Zahran had desecrated Buddha statues in Mawanella as well, Counsel said. The seventh respondent CNI, was expected to have discussions on 07 and 09 April on the situation regarding national security then. Information had been received by an Indian Intelligence agency of a possible attack.

According to the Counsel, the weekly intelligence meeting was chaired by Hemasiri Fernando in his capacity as the Secretary to the Ministry of Defence and not by the then President. The Head of State had been out of the country at the time of the incident, the Counsel said.

Had the warning been conveyed to the Cardinal, he would have cancelled the Easter masses in all the churches on 21 April 2019, Counsel Jayawardena said. There was a clear threat to the Indian High Commission, the Indian Nationals and the Catholic Churches, he pointed out. The IGP had taken position that instructions had been given to all the relevant officers, the Counsel said.

But none of the churches had been warned, he said, adding that the National Security Council was chaired by the President.

The National Security Council was re-summoned on 22 April, 2019, after the attack on April 21, 2019. The then President was in Singapore at the time of the attack.

The bench comprised Chief Justice Jayantha Jayasuriya, Justice Buwaneka Aluwihare, Justice L.T.B. Dehideniya, Justice Murdhu Fernando, Justice S. Thurairajah, Justice A. H. M. D. Nawaz and Justice Shiran Gooneratne.



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Judicial vacancies: President keeps country guessing

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President

The NPP government has not taken a final decision regarding filling of the vacancies in the judiciary.

A group of Opposition MPs, led by SJB leader Sajith Premadasa, on 12 June, requested Speaker Dr. Jagath Wickremeratne to take up the issue of judicial vacancies with President Dissanayake. Opposition sources said that there were four vacancies, each in the Court of Appeal and the Supreme Court, and the inordinate delay had adversely affected the judiciary.

Government sources indicated that there was no change in the status quo as regards filling of vacancies. Referring to the government proposal to extend the retirement age of judges, authoritative sources said that no final decision had been taken yet.

SJB lawmaker Dayasiri Jayasekera told The Island that they would raise the issue in Parliament this week.

He said that the deliberate delay in making appointments to superior courts and the move to extend the retirement age couldn’t be taken separately.

The MP noted that the Bar Association of Sri Lanka, the Lawyers’ Collective, the Colombo High Court Lawyers’ Association, Colombo Magistrate’s Court Lawyers’ Association and the Bar Association of Badulla had opposed the government move.

There hadn’t been any public statements in support of the government move, MP Jayasekera said, urging the government to end uncertainty in the judiciary.

by Shamindra Ferdinando

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Sajith calls on Opposition parties to rally around SJB

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Sajith

SJB leader Sajith Premadasa has invited the UNP and other political parties to join his party. Premadasa, who is also the leader of the Opposition, has emphasised that the UNP and the SJB could reach a consensus on policies but his party wouldn’t, under any circumstances, accept whatever formula to share positions. Premadasa said so, speaking to the media over the weekend, after meeting the Mahanayaka Thera of the Malwatta Chapter of the Siyam Nikaya Most Venerable Thibbatuwawe Sri Siddhartha Sumangala Thera.

A statement issued by the Opposition Leader’s Office quoted MP Premadasa as having extended an invitation to all political parties to give up extremist policies and join the SJB.

The SJB leader alleged that the NPP government feared facing elections and that was the reason for the inordinate delay in holding Provincial Council polls. PC polls were last held in 2012, 2013 and 2014, on a staggered basis. Premadasa said that if PC polls were held his party would definitely win the majority of PCs.Premadasa also urged the government to reduce electricity tariffs and fuel prices.

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Ex-EC Chief slams govt. over PC polls delay

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Deshapriya

Former Chairman of the Election Commission, Mahinda Deshapriya, on Saturday, strongly criticised the continued postponement of local government elections, declaring that every day without elections constitutes a violation of both the Constitution and democratic principles.

Speaking during an interview with journalist Bhanuka Rajapaksa, on Hiru TV, on Saturday, Deshapriya described the current administration of local government institutions by unelected officials as fundamentally undemocratic and contrary to the spirit of representative governance.

Deshapriya said local authorities, across the country, are presently being managed by secretaries and bureaucrats rather than elected representatives, depriving citizens of their democratic right to be governed by individuals, chosen through the electoral process.

“If the Constitution recognises and provides for local government institutions, then it is the responsibility of the State to ensure that elections are held and that these bodies are administered by representatives, elected by the people,” he said.

Deshapriya rejected attempts to justify the prolonged delay, arguing that responsibility for the situation rests with the government.

He noted that while various political parties have publicly stated their readiness to face elections, the ruling administration possesses the authority to resolve any issues relating to the electoral system.

The former Election Commission chief pointed out that the government enjoyed a two-thirds majority in Parliament, enabling it to enact any legislative amendments required to facilitate the conduct of elections. Instead, he said, successive committees and review processes had been used to postpone a final decision.

He also referred to efforts by opposition legislators who have moved motions seeking to address concerns relating to the electoral framework and expedite the holding of local government polls.

Deshapriya warned that any attempt to appoint a fresh delimitation committee could further delay the electoral process, making it unlikely that local government elections would be held within the current year.

He also dismissed claims that financial constraints have prevented the conduct of elections. Expressing surprise at such assertions, he questioned how funding shortages could be cited as a reason for postponement while expenditure continues in other sectors.

According to Deshapriya, the existence of laws establishing local government institutions imposes an obligation on the State to ensure that those institutions are populated through democratic means.

“The legal framework exists. If elected representatives are not appointed through elections and institutions continue to function under unelected administrators, that is a failure of the State,” he said.

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