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SC in split decision clears way for Dhammika Perera as NL MP

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By Chitra Weerarathne

The Supreme Court yesterday refused leave to proceed with all five fundamental rights violation petitions against the selection of Dhammika Perera to be appointed a National List Member of Parliament of the Sri Lanka Podujana Peramuna.

Notice on Sagara Kariyawasam, the General Secretary of the SLPP was also refused.

The decision was given by a divided bench.

The petitioners included the Centre for Policy Alternatives and a few others.

The bench comprised Justice Priyantha Jayawardene, Justice Yassantha Kodagoda and Justice Arjuna Obeysekera.

President’s Counsel Gamini Marapana appeared for Sagara Kariyawasam, the General Secretary of the Sri Lanka Podujana Peramuna. He said that 6.8 million people had voted for the SLPP at the General Election of 2020. But not a single one had protested against the selection of Dhammika Perera as a National List MP to fill the vacancy created by the resignation of Basil Rajapaksa. Sovereignty is in the people including the right to franchise and the power of government. General Sarath Fonseka had been appointed a UNP MP via the National List although he had contested from a different party.

Sagara Kariyawsam is a respondent in the petition filed by the Centre for Policy Alternative against the selection of Dhammika Perera to be appointed as a National List MP.

Even Basil Rajapaksa was not in the Original National List. He was picked to be appointed from that list subsequently, the Counsel Marapana pointed out.

The Counsel said the SLPP had received 59.5 percent of the total votes polled at the general election of August 2020.

The petition did not qualify for interim relief, the Counsel argued.

Sagara Kariyawasam, wanted to bring in someone experienced in economic affairs. Hence, he had selected Dhammika Perera, the Counsel added, maintaining that the petition had no merit.

President’s Counsel Romesh de Silva appeared for Dhammika Perera.

Romesh de Silva PC, said that the appointment of Dhammika Perera, cannot violate the fundamental rights of the petitioner.

According to Section 64/5 when a seat in Parliament falls vacant the Secretary of the party contacts the Commissioner of Elections to elect, a suggested suitable person, Counsel said.

Counsel said that the Supreme Court cannot interfere with Parliament. The Speaker only does the swearing in of Members of Parliament.

In our democracy, we vote for the party. After that the party picks the Members of Parliament, depending on the voting pattern, the Counsel for Dhammika Perera said. The party picks the members after considering the preferential votes, he said. Article 9 (a) dealt with 196 elected Members. Article 99/A dealt with the other 29 National List MPs, he said.

All vacancies were filled in keeping with Section 5 of the Parliamentary Elections Act. When the names in the nomination papers are exhausted and if a vacancy occurs the party secretary concerned had the discretion to recommend a suitable candidate to the Commissioner of Elections, the Counsel argued.

Deputy Solicitor General Kanishka de Silva appeared for the Attorney General.

The DSG said that Article 99/A of the Constitution provided for the filling of the vacancy after a general election.

Article 64/1/4 deals with the filling of vacancies of elected members when there is a vacancy in Parliament, the Commissioner of Elections must contact the Secretary of the Party. The respondents in the petition had acted in compliance with the law, the DSG said.



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AgriConnect Sri Lanka’ to be launched on 30 October to Modernise the Agricultural Sector Through Digitalisation

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A discussion on the official launch of the ‘AgriConnect Sri Lanka’ programme was held at the Presidential Secretariat on Tuesday  (13) morning between Secretary to the President Dr. Nandika Sanath Kumanayake and a delegation led by Gevorg Sargsyan, World Bank Group Manager for Sri Lanka and the Maldives.

The discussion focused on the official launch of the ‘AgriConnect Sri Lanka’ programme, scheduled to take place on 30 October at TRACE Expert City.

The World Bank delegation provided a comprehensive briefing on the programme and emphasised that Sri Lanka is set to become the first country in South Asia to join this global initiative of the World Bank Group, marking a significant milestone.

Victor Anthonypillai, Senior Country Officer of the International Finance Corporation (IFC), Tomas Ricardo Rosada Villamar Practice Manager at the World Bank, Felipe F. Dizon, Senior Economist and Athula Senaratne, Senior Agriculture Specialist, also attended the meeting. The Presidential Secretariat was represented by Senior Assistant Secretary to the President Dr Danushka Perera and Assistant Secretary to the President R. A. Ruwanpathirana.

President’s Media Division (PMD)

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Prison rules to be revised over monks’ attire

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Harshana

Appointment of committee eyewash, says UNP

The government is considering changes to prison regulations pertaining to the treatment of Buddhist monks serving jail terms, including their right to wear monastic robes when taken outside prison.

Justice and National Integration Minister Harshana Nanayakkara announced the proposed changes yesterday (14) following the submission of an interim report by a committee appointed to review the rules and procedures governing prisons.

The report was handed over to Secretary to the President Dr Nandika Sanath Kumanayake at the Presidential Secretariat.

One of the key recommendations is to amend Prison Standing Order 356 by introducing a new provision, 356(A). The proposed revision would require prison authorities to consult the Department of Buddhist Affairs on the removal of a monk’s robes upon admission to prison. The Commissioner of Prisons would be allowed 10 days to notify the department and take the necessary steps.

A separate amendment to Departmental Order 550 would allow Buddhist monks to wear their robes whenever they are taken outside prison, unless their respective Nikaya formally requests that the privilege be withdrawn.

The committee has also recommended extending similar arrangements, with suitable modifications, to members of other religious clergy who are imprisoned.

The proposals follow concerns raised over the treatment of Ven. Galagoda Aththe Gnanasara Thera after he was taken into custody. President Anura Kumara Dissanayake subsequently held discussions with representatives of the three main Buddhist Nikayas and appointed the committee to examine the existing legal framework.

Nanayakkara said the interim report had been forwarded to the Acting Commissioner General of Prisons, along with instructions to revise the relevant standing orders in accordance with its recommendations.

The proposed amendments have yet to be confirmed as formally implemented.

Meanwhile, the UNP yesterday criticised the government’s decision to appoint a committee to make recommendations on the attire to be worn by imprisoned Buddhist monks and other religious leaders when taken outside prison, describing the move as unnecessary.

In a statement issued yesterday (14), the UNP said the procedures governing the matter were already clearly set out in the Department of Prisons’ Standing Orders, making the appointment of a separate committee unwarranted.

The party cited remarks by Professor G.L. Peiris, Convenor of the Janathawadi Joint Opposition, who had described the committee’s appointment as a

“complete eyewash” and questioned the need for such a move.

Referring to Standing Order 550 of the Prisons Department, the UNP said convicted prisoners appearing before court for legal proceedings should not be required to wear prison uniforms.

It further stated that the regulations allowed prisoners to wear civilian clothing consistent with what they wore before imprisonment, including attire appropriate to their cultural and religious backgrounds.

The UNP accused the government of unnecessarily prolonging the issue by appointing a committee, despite the existence of regulations governing prisoners’ attire.

The party also called on the government to seek forgiveness from the Mahanayake Thera and the Sangha Council of the Kotte Sri Kalyani Samagri Dharma Maha Sangha Sabha of the Siyam Maha Nikaya over the decision concerning the religious attire of Ven. Galagoda Aththe Gnanasara Thera.

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AC President recuses himself from hearing prison attire case pertaining to Gnanasara Thera

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Court of Appeal President Justice Rohantha Abeysuriya yesterday withdrew from the bench hearing petitions challenging the decision by prison authorities to require Ven. Galagoda Aththe Gnanasara Thera to wear prison attire following his imprisonment.

The decision was announced when the petitions seeking to invalidate the prison authorities’ decision were taken up for consideration on October 14.

Following his withdrawal, a three-judge bench was appointed to hear the petitions.

The petitions relate to the prison authorities’ decision to require Gnanasara Thera to wear prison attire after he was taken into custody to serve the remainder of his sentence for contempt of court.

In September this year, the Supreme Court annulled the presidential pardon granted to Gnanasara Thera by former President Maithripala Sirisena in May 2019.

Following the ruling, the Court of Appeal directed the Commissioner General of Prisons to take the necessary steps to enforce the remainder of the monk’s prison sentence.

Gnanasara Thera had originally been sentenced to six years’ imprisonment for contempt of court but had served only around nine months before receiving the presidential pardon in 2019.

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