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Ex-HRCSL Commissioner moves Court against Emergency
Former member of the Human Rights Commissioner of Sri Lanka, Ambika Satkunanathan, has petitioned the Supreme Court against the declaration of Emergency, citing as respondents the Attorney-General, Secretary to the ex-President Gamini Senarath, Secretary to the incumbent President Saman Ekanayake, Defence Secretary General (retd.) G.D.H. Kamal Gunaratne.
Petitioner Satkunanathan has stated in her Fundamental Rights Violation application that the Emergency (Miscellaneous Provisions and Powers) Regulation No.1 of 2022 [hereinafter ERs] have the effect of restricting the fundamental rights of the people, and are constitutionally overbroad. The regulations are vague and overbroad, and amount to prior restraints of fundamental rights, and are not permissible proportionate restrictions, which are necessary in a democratic society.
The petitioner alleges they bestow and enable:
· Overbroad powers of search, arrest & detention and interrogation;
· Restrictions and prior restraint on freedom of speech, assembly, association and movement;
· Issuance of detention orders without judicial oversight;
· Arbitrary piling on of punishments and imposition of offences & penalties;
· Arbitrary / excessive restrictions on bail;
· Arbitrary restrictions on access to detainees.
The Petitioner therefore states that Regulations 9, 11, 12, 13, 14, 15, 17, 18, 20, 21, 26, 34, 36, and 37 of the ERs are vague and/or constitutional overbroad, and/or amount to prior restraints, and are violative of, inter alia, Articles 10, 11, 12(1), 12(2), 13(1), 13(2), 13(3), 13(4), 13(5), 14A, 14(1)(a), 14(1)(b), 14(1)(c), 14(1),(g) & 14(1)(h) of the Constitution, and are not necessary or proportionate responses required in a democratic society, and the measures do not deal with the exigencies of the current situation. The Petitioner states that these ERs additionally impinge on judicial discretion and oversight and are violative of inter alia, Articles 4(c) & 111C of the Constitution.
Petitioner requests the Court to:
· Declare that the Petitioner’s Fundamental Rights guaranteed to her under Article 12(1) of the Constitution have been infringed by any one or more of the Respondents;
· Declare that the actions of the Respondents amount to a violation and/or continuous violation and/or imminent violation of the fundamental rights enshrined in Articles 10, 11, 12(1), 12(4), 13(1), 13(2), 13(3), 13(4), 13(5), 14A, 14(1)(a), 14(1)(b), 14(1)(c), 14(1)(g), &/or 14(1)(h) of the Constitution;
· Grant appropriate interim relief(s) until the final determination of this application;
· Restrain the Respondents and/or officers serving under them and/or their agents from acting upon the Emergency (Miscellaneous Provisions and Powers) Regulation No.1 of 2022.
AND/OR in the alternative to the above
· Staying the operation of the Emergency (Miscellaneous Provisions and Powers) Regulation No.1 of 2022.
OR in the alternative to (ii) above
· Staying the operation of Regulations 9, 11, 12, 13, 14, 15, 17, 18, 20, 21, 26, 34, 36, and/or 37 of Emergency (Miscellaneous Provisions and Powers) Regulation No.1 of 2022 published in Gazette Extraordinary 2289/07 dated 18 July 2022.
· Restraining the President of the Republic and/or his successor in office, from issuing any further Emergency Regulations pursuant to the Proclamation of a State of Emergency;OR in the alternative to (iv) above
· Restraining the President of the Republic from issuing any further Emergency Regulations pursuant to the Proclamation of a State of Emergency except and subject to such conditions as shall be imposed by the Court as necessary in a democratic society to meet the exigencies of the current circumstances;
· Staying the operation of the Proclamation declaring a State of Emergency.
· Declare that the Proclamation declaring a State of Emergency published in Gazette Extraordinary 2288/30 dated 17 July 2022 is null and void and of no force or effect in law.
· Declare that the President, represented by the AG has violated the rights of the Petitioner under Article 12(1) in issuing a Proclamation declaring a State of Emergency.
· Declare that the Emergency (Miscellaneous Provisions and Powers) Regulation No.1 of 2022 published in Gazette Extraordinary 2289/07 dated 18 July 2022 are null and void and of no force or avail in law.
OR in the alternative to the above
· Declare that Regulations 9, 11, 12, 13, 14, 15, 17, 18, 20, 21, 26, 34, 36, and/or 37 of Emergency (Miscellaneous Provisions and Powers) Regulation No.1 of 2022 published in Gazette Extraordinary 2289/07 dated 18 July 2022 are null and void and of no force or effect in law.
· Declare that the President, represented in these proceedings by the 1A Respondent AG has violated Articles 10, 11, 12(1), 12(4), 13(1), 13(2), 13(3), 13(4), 13(5), 14(1)(a), 14(1)(b), 14(1)(c), 14(1)(g), &/or 14(1)(h) of the Constitution, in issuing the Emergency (Miscellaneous Provisions and Powers) Regulation No.1 of 2022 published in Gazette Extraordinary 2289/07 dated 18 July 2022.
News
CTU: Teacher shortage casts doubt on govt.’s education reforms
By Chaminda Silva
The government’s ambitious plans to overhaul Sri Lanka’s school education system and introduce new curricula could face serious implementation difficulties, with teacher unions warning that a longstanding and severe shortage of teachers remains unresolved.
The warning came as Prime Minister Dr. Harini Amarasuriya announced yesterday that new curricula would be introduced for Grades 2 and 6 next year, while also stating that the government planned to recruit around 30,000 new teachers across the education system by February.
However, the Ceylon Teachers’ Union (CTU) questioned whether the government would be able to provide the teachers required to implement the proposed reforms, claiming that the recruitment process itself had become mired in problems.
CTU General Secretary Joseph Stalin accused the government of making misleading claims about teacher recruitment and said the shortage that had affected schools for more than a year would continue into next year.
“There is currently a severe teacher shortage in the school system,” Stalin told a press conference in Colombo yesterday.
He said the government had previously acknowledged that there were about 46,000 teacher vacancies in the school system, but the figure was later revised to around 36,000.
“Those vacancies have remained unfilled for more than a year and a half. The school system has continued to operate with a severe teacher shortage throughout this period,” he said.
Stalin questioned how the government intended to introduce new curricula while thousands of existing teaching vacancies remained unfilled.
He said the Government had initially announced plans to recruit 23,000 teachers, despite the number of vacancies being significantly higher.
Although a gazette notification, relating to the recruitment had been issued, only around 17,000 applicants had been summoned for the initial round of interviews, he added.
Stalin said interviews were expected to begin in November and that appointments would, therefore, be made only from January onwards.
“If there are more than 36,000 teacher vacancies, the Government has decided to recruit only 23,000 teachers, and only around 17,000 have been called for interviews.
Who will take responsibility for the remaining vacancies?” he asked.
He said the problem was not merely one of numbers but also involved the Government’s recruitment procedure.
According to Stalin, shortcomings and ambiguities in the gazette notification issued for the recruitment examination had contributed to the present crisis.
“We primarily believe that the lack of proper procedures in the gazette notification issued for the recruitment examinations has contributed to this crisis. The ambiguities in the notification itself have led to the recruitment process becoming a major issue,” he said.
The shortage was also affecting the transfer system, Stalin mentioned.
A large number of teachers had been unable to obtain transfers because replacements were not available, with some teachers remaining at the same school for 12 or 13 years, he claimed.
As replacements had not been recruited, such teachers would have to remain at their present schools for another year, he said.
“This is a serious crisis. However, the situation is even more critical for students who are left without teachers,” Stalin said.
He also questioned the Government’s plans to close schools with fewer than 50 students.
“We suspect that this move is to take the teachers from these schools and redeploy them to other schools to fill vacancies there.”
The union’s concerns come at a time when the Government is pushing ahead with a major overhaul of the education system.
Addressing the Badulla District Women’s Conference yesterday, Prime Minister Amarasuriya said the Government would introduce new curricula for Grades 2 and 6 next year as part of its wider education reforms.
She said a new curriculum had already been introduced for Grade 1 this year, while new curricula for Grades 2 and 6 would be introduced over the next two years.
The Prime Minister said the Government was developing a new education system aimed at securing the future of all children, with the emphasis shifting away from producing students, focused solely on examinations.
The Government’s objective was to nurture a generation capable of facing future challenges successfully and confidently, she said.
The Prime Minister also announced that interviews for the recruitment of 17,000 teachers would commence on November 20.
She said approval had also been granted to recruit 2,000 academic staff members for the university system, with that recruitment process already under way.
The Government plans to recruit approximately 30,000 new teachers across the education system by February next year, she said.
A special programme would also be implemented to improve infrastructure facilities in schools, the Prime Minister added.
The contrasting positions highlight a potentially significant gap between the Government’s education reform timetable and the capacity of the existing school system to deliver it.
While the Government has set out a timetable for introducing new curricula and recruiting tens of thousands of teachers, the CTU argues that the existing shortage, delays in recruitment and unresolved transfer problems could leave schools struggling to provide adequate teaching staff when the reforms take effect.
With the Government planning to introduce another round of curriculum changes next year, the ability to fill vacancies in time could, therefore, become a crucial test of whether its broader education reform programme can be implemented as planned.
News
Norochcholai to remain offline for several days after blackout
The Norochcholai coal power plant will remain disconnected from the national grid for several days following Saturday’s countrywide power failure, as authorities continue to follow safety procedures after the incident.
The National System Operator (NSO) said the 810-megawatt plant had been shut down as a precaution after the sudden power outage on October 17 and would not be reconnected to the grid until the necessary safety measures were completed.
The temporary loss of 810 MW of generating capacity would be managed through careful electricity supply arrangements to minimise the impact on consumers over the coming days, the NSO said.
It said the prevailing rainy weather was expected to help sustain hydropower generation at high levels, while a projected decline in electricity demand would further ease pressure on the system.
The countrywide blackout occurred at around 11.43 a.m. on October 17 after a generating unit disconnected from the national grid, creating an imbalance that caused the entire power system to collapse within less than 30 seconds.
Restoration efforts began shortly afterwards. By 12.11 p.m., major hydropower generating units had been brought back online and the power system was restarted simultaneously in four separate sections.
The restoration process was complicated by small-scale power generation facilities that were not under the direct control of the system control centre. However, electricity supplies were progressively restored through the activation of distribution feeders from 12.37 p.m.
By around 3 p.m., power had been restored to essential services, including major hospitals, water treatment plants and the airport.
Grid substations across the country had been reconnected by around 5 p.m., restoring electricity to the majority of consumers, the NSO said.
The operator stressed that the sudden disconnection of a generating unit as a safety measure was a normal occurrence at power plants. However, such a disconnection resulting in a complete collapse of the national power system was not considered normal.
An internal investigation has, therefore, been launched to establish the sequence of events that led to the islandwide outage and determine its underlying causes, the NSO said.
News
President links businessman held with arms to politicians
By Norman Palihawadane
President Anura Kumara Dissanayake yesterday said a businessman, arrested with a caches of firearms, ammunition and hand grenades, had links to a politician, as authorities continued investigations into the seizure.
Addressing a public gathering in Badulla, the President said the suspect was among those being investigated in connection with operations targeting organised crime and that authorities were aware of his political connections.
He also referred to a video footage allegedly showing the suspect firing at people in the Weliweriya area, describing it as an example of the dangerous activities associated with individuals possessing illegal firearms.
The 38-year-old businessman, who is reportedly the owner of a cinema, and a relative of a politician, was arrested following a search conducted by officers of the Colombo District Crime Division at the cinema on Hanwella Road, in the Kirindiwela Police Division, on October 17.
Police said the search had been carried out based on information received by investigators.
The weapons and ammunition seized included two foreign-made pistols, a revolver, a foreign-made repeater firearm and a foreign-made 12-bore firearm.
Police also recovered hundreds of rounds of ammunition, including 398 rounds of 12-bore ammunition, 278 rounds of 9mm ammunition, 49 rounds of .32-calibre ammunition and 3,083 rounds of .22-calibre ammunition, along with two live hand grenades.
The suspect, a resident of the Millathe area, is being questioned as investigations continue.
The Police Media Division said police would seek a detention order to facilitate further questioning of the suspect and advance the investigation.
The Colombo District Crime Division is conducting further investigations into the cache of weapons and the suspect’s alleged activities and connections.
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