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SIS, etc., must be made statutorily accountable to Parliament – Zuhair
Former MP and President’s Counsel M. M. Zuhair, has said that the National Security Council, and related institutions such as the State Intelligence Service (SIS), which often depend on foreign inputs as well must be made statutorily accountable to Parliament.
The following is the text of a statement issued by the former senior State Counsel, who also served as Sri Lanka’s Ambassador in Iran, on the Easter Sunday attacks Fundamental Rights’ Judgment: “In its concluding remarks, the Supreme Court, in what has already been widely welcomed as a historical judgment, has said “…we must express our shock and dismay at the deplorable want of oversight and inaction that we have seen in the conduct of affairs, pertaining to Security, Law and Order and Intelligence”, in words clear and penetrating!
The seven-judge divisional bench of Sri Lanka’s Supreme Court, headed by Chief Justice Jayantha Jayasuriya, PC, having dispassionately analysed the evidentiary material placed by all parties, before the Court, had laid bare before the nation the ‘deplorable’ state of affairs, within these vital institutions.
The Supreme Court called for ‘legislative’, ‘structural’ and ‘administrative’ changes in these institutions, having found that there were glaring examples of a lack of ‘strategic co-ordination’, ‘expertise’ and ‘preparedness’ which had cost the country avoidable ‘deaths and devastation’. The country’s highest Court bemoaned that the failures “have left an indelible blot on the security apparatus of the country, which is blessed by a multi-cultural and multi religious polity…” (Page 120).
The Court called for the country’s National Security Council (NSC) to be placed on a statutory footing. Apart from adverting to several constitutional provisions, the highest Court had quoted verbatim section 56 of the Police Ordinance of 1865 on the “duties and liabilities” of Police Officers, requiring every police officer “to use his best endeavours and ability to ‘prevent’ all crimes, offences and public nuisances” and “to obey and execute all orders and warrants ‘lawfully’ issued…” (Page 99). These findings of the Supreme Court call for urgent remedial actions by the State to prevent possible future human disasters.
Security-related matters, which are at times discretely labelled ‘secret’ and shut out from public discourse and from even Courts of Law would not have come up for public evaluation, if not for the fundamental rights petitions filed by the Bar Association of Sri Lanka (BASL), the Church and several others. The Supreme Court had thereby got the opportunity to warn the concerned authorities and hopefully help prevent future massacres.
Indeed, the NSC, and related institutions, such as the State Intelligence Service (SIS), which often depend on foreign inputs, as well, must be made statutorily accountable to Parliament. There have been many instances of false and deceptive intelligence fed in both by external and internal agencies and persons. Some false reports planted through foreign conduits and published in the media in the recent past have been refuted from time to time by the Defence Ministry. Sadly, however, accurate reports have not been acted upon!
There had been reports of payments allegedly made to 21/4 suicide bomber Zahran Hashim by security agencies, which may be totally false but, if true, may expose a more terrible state of affairs. The phone communications of the eight suicide bombers, except one, prior to the 21/4 attacks, were mysteriously not forthcoming! No efforts were being made to investigate and seek the extradition, from India, of Pulasthini Rajendran, alias Sarah, wife of the Katuwapitiya Church suicide bomber, who, according to the evidence of a Chief Inspector before the Presidential Commission of Inquiry, on the Easter attacks, had fled to India, by sea, in September 2019. Accountability and transparency are necessary to prevent an unaccountable ‘Deep State’ functioning within the State, abused sometimes for political and other purposes.
The Attorney General acts in good faith on versions given by investigators, which have turned out, at times, to be incorrect. Many are the instances when Courts have rejected such versions. The Supreme Court has once again called to attention that the ‘Rule of Law’ is always supreme.”
Latest News
Sun directly overhead Kokkuvil, Nallur, Kodikamam and Nagar Kovil at about 12.11 noon today (28)
The sun is going to be directly over the latitudes of Sri Lanka during 28th of August to 07th of September due to its apparent southward relative motion.
The nearest places of Sri Lanka over which the sun is overhead today (28) are Kokkuvil, Nallur, Kodikamam and Nagar Kovil about 12.11 noon.
News
Eight politicians in drug kingpin probe
Police to arrest and question four former ministers, others over links to Basik
By Norman Palihawadane
Police are investigating alleged links between suspected major drug trafficker Shiran Basik and a number of prominent politicians, with eight of them due to be arrested and questioned as investigators widen their probe into his financial dealings and network of associates, police headquarters, according to a senior police officer.
Among those set to face questioning include a sitting MP, four former ministers, and at least one of them is a female. Police are also investigating allegations that Basik provided large sums of money to politicians during election campaigns and extended other financial and material benefits to political figures.
Investigators are also looking into claims that two politicians were provided with facilities to construct houses and hotels, while efforts are under way to establish the extent of political support and assistance allegedly provided to Basik.
The Colombo Central Crime Investigation Bureau (CCIB) is expected to question the politicians based on information reportedly disclosed by Basik during interrogation. Two electoral organisers are also expected to be taken into custody as part of the ongoing investigation, according to police sources.
Meanwhile, statements are being recorded from managers and employees of several businesses allegedly linked to Basik, while investigators continue to examine information and records recovered from his mobile phone.
Basik, 48, was brought back to Sri Lanka on August 14 after being arrested in Dubai and deported. He was taken into custody by officers of the Criminal Investigation Department’s Airport Unit at Bandaranaike International Airport and subsequently handed over to the CCIB for further investigation.
Police initially obtained a 72-hour detention order to question Basik before securing approval to detain him for 90 days.
Basik, a resident of Dehiwala, is facing investigations over alleged large-scale drug trafficking as well as firearms, and unlawful assembly of weapons-related offences. Police are also examining whether he had any involvement in recent prison-related incidents and have said information has emerged linking him to the 2012 Welikada Prison riot.
The investigation has also expanded to Basik’s alleged assets and business interests in Sri Lanka and overseas.
Police have said information uncovered during questioning indicates that Basik had claimed ownership of five hotels along Colombo’s Marine Drive. Investigators have also identified two houses and two mobile phone shops in Boralesgamuwa allegedly linked to him.
A court has ordered a comprehensive examination of bank accounts linked to Basik, with the Financial Intelligence Unit of the Central Bank of Sri Lanka to conduct a review of his financial accounts. A separate investigation into his wealth and properties is being conducted by the Illegal Assets Investigation Division.
Investigators are also examining claims that Basik owns properties, including hotels and vehicles, in several European countries, as well as a high-value vehicle in Dubai. These claims remain subject to further investigation.
Basik had left Sri Lanka for Dubai in 2018, where police said he lived a lavish lifestyle while operating businesses. He was arrested by UAE authorities before being deported to Sri Lanka.
During initial questioning, Basik told investigators that Dubai police had stopped and searched him at a shopping mall and examined his mobile phone. He claimed that footage relating to Iranian missile and drone attacks was found on the device and that he was subsequently questioned over alleged links to Iran.
Police are continuing to examine the circumstances surrounding his arrest and deportation, as well as the information contained in his mobile phone and other evidence gathered during the investigation.
The ongoing probe is being conducted under the supervision of Senior DIG Ranmal Kodituwakku and SSP Kamal Ariyawansa.The allegations against Basik and the politicians named in connection with the investigation have not been established in court, and the investigations remain ongoing.
News
CJ first SC judge to benefit from 22A, if enacted: BASL
The Bar Association of Sri Lanka (BASL) has opposed the proposed “Twenty-Second Amendment to the Constitution”, saying it raises serious concerns over judicial independence and the rights and interests of the public.
In a statement signed by BASL President Rajeev Amarasuriya and Secretary Nalin De Silva, the association said it had challenged the constitutionality of the proposed amendment before the Supreme Court.
The BASL noted that the Chief Justice would be the first Supreme Court judge to benefit from the proposed amendment if it becomes law. It also referred to widespread speculation that the amendment was being expedited to facilitate an extension of the incumbent Chief Justice’s tenure, which is due to end on December 1, 2026.
Full text of the statement:
“The Bar Association of Sri Lanka (BASL) has taken a principled position opposing the Bill titled the “Twenty-Second Amendment to the Constitution” on the basis that it raises serious concerns regarding the independence of the Judiciary and the rights and interests of the people. Accordingly, the BASL has challenged the constitutionality of the proposed amendment before the Supreme Court.
“It is observed that it will be the Honourable Chief Justice who will be the first Judge of the Supreme Court who will benefit from the 22nd Amendment, if this Bill is enacted into Law.
There is widespread belief that this amendment is being rushed to facilitate the extension of the tenure of the Honourable Chief Justice which would otherwise complete on 1st December 2026. In this backdrop, in the recent past, we have witnessed allegations being made in Parliamentary Proceedings as well as on Social Media concerning the Judiciary including the incumbent Chief Justice.
“During this period, the BASL has also been subjected to unfounded attacks on social media and other platforms.
“The Judiciary, like every other institution exercising public power, must remain subject to legitimate scrutiny and accountability. Judgments, judicial conduct and the administration of justice may properly be subjected to fair, informed and responsible criticism. Where credible concerns or allegations arise regarding any member of the Judiciary, including the Chief Justice, they should be examined objectively and addressed through the appropriate constitutional and parliamentary processes which are in place, with due regard to fairness and due process.
“At the same time, everyone must exercise responsibility when making allegations concerning individual judges, lawyers and others. Personal attacks based upon unsubstantiated allegations can undermine public confidence in the administration of justice and affect the independence and integrity of the judicial process and the system of justice
“Judicial independence is not intended to shield any individual from legitimate scrutiny or accountability. It is a safeguard for the people, ensuring that disputes are determined impartially and that individual rights, the Rule of Law and the constitutional order are protected.
“The BASL therefore calls upon all organs of the State, all parties concerned and the media to respect the role of the Judiciary and the system of administration of justice, while ensuring that any genuine concerns are addressed fairly, responsibly and through the procedures established by the Constitution and the law.”
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