Connect with us

News

BASL says cconcerted effort to prevent elections and endanger sovereignty of people

Published

on

The Bar Association of Sri Lanka has charged that there is a concerted effort to prevent elections, to undermine the franchise of the people, and endanger the sovereignty of the people of Sri Lanka.

Full statement by the BASL: “The Bar Association of Sri Lanka (BASL) expresses its deep concern over recent attempts by state authorities to disrupt the Local Authorities Elections, which are mandated by law to be held prior to March 19th, 2023. The BASL emphasises that all elections are a vital part of Sri Lanka’s democratic process and must not be hindered.

The BASL notes several decisions by the government in recent weeks, purportedly aimed at managing public funds, have had the effect of preventing the Elections Commission from conducting the elections. These include a demand by the Government Printer for the release of funds prior to the printing of ballot papers and the Secretary to the Treasury claiming that there are no funds available for the elections. This is despite a budget allocation of Rupees Ten Billion for the purpose of elections

The BASL states that the conduct of the Secretary to the Treasury, the Government Printer, and other government officials and institutions over the last few weeks clearly demonstrates a concerted effort to bring the elections to a halt, thus undermining the franchise of the people and endangering the sovereignty of the people of Sri Lanka. Such attempts to prevent elections mandated by law represent an unprecedented attack on democracy and the rule of law and pose a grave threat to the electoral process in the future.

The BASL warns that such actions could set a dangerous precedent for an unpopular executive or legislature to obstruct the allocation of resources for an election and prevent the people of Sri Lanka from choosing their representatives and leaders.

The BASL also points out that Article 104 B (2) and 104 GG (1) of the Constitution make it clear that all state authorities are duty bound to cooperate with the Elections Commission and that refusing or failing to do so is a criminal offense punishable with imprisonment. In terms of Article 33 (c) of the Constitution the President too is empowered to ensure the creation of proper conditions for the conduct of free and fair elections, at the request of the Election Commission.

On the 15th December 2017 the Supreme Court in SCFR 35/2016 on 15th December 2017 has clearly explained the importance of conducting timely elections for local authorities and the importance of the franchise as follows:

“Franchise is a fundamental right enjoyed by people. According to Article 3 of the Constitution “In the Republic of Sri Lanka sovereignty is in the people and is inalienable. Sovereignty includes the powers of the government, fundamental rights, and the franchise”. Franchise is a fundamental right recognised under Article 10 and 14(1) of the Constitution. The failure to hold elections on the due date or postponing is a violation of a fundamental rights of the people . Under Article 4(d) of the Constitution the fundamental rights which are by Constitution declared and recognised shall be respected, secured and advanced by all organs of the Government and shall not be abridged, restricted or denied save in the manner and to the extent hereinafter provided. In the present case the legislature as well as the executive had violated this Article.”

On 11th January 2023, the BASL warned that any move to interfere with the franchise will have far reaching consequences. Previous attempts by different administrations over the years to interfere with the franchise of the people have resulted in disastrous consequences for the country and its people.

It is the sacred duty of the Government to ensure that funds are provided for the conduct of the elections which are an essential function in the country. The BASL calls on the government and all State Officials to respect the Constitution and the law and ensure that the Local Authorities Elections are held as scheduled, without any further attempts to disrupt or interfere with the process.

The BASL is of the view that all attempts to interfere with the electoral process must not only be defeated but all those responsible for such interference must be dealt with in accordance with the law.”



Continue Reading
Advertisement
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

News

Sajith rejects Jt. Opp. protest sabotage claim; SJB TU chief demands remedial action  

Published

on

By Shamindra Ferdinando

Alleging that the Samagi Jana Balawegaya (SJB) had betrayed the joint protest campaign, planned on 24 Sept., at Polduwa junction, against the enactment of the 22nd Amendment without securing public approval at a referendum, SJB trade union leader Ananda Palitha emphasised that SJB and Opposition Leader Sajith Premadasa should take remedial measures to restore the alliance against the NPP government.

Responding to The Island queries, the trade union activist said that he spoke on behalf of the vast majority of the SJBers who felt betrayed by the sudden declaration made by Colombo District SJB lawmaker S.M. Marikkar that they didn’t expect Opposition political parties’ participation, except that of the UNP.

Pointing out that at the behest of Premadasa, MP Marikkar belittled those who had pledged on 17 Sept. to join the SJB-led protest, Palitha emphasised the Opposition leader should be held responsible for restoring the shattered alliance. Palitha warned that the NPP, which was rapidly moving on a dictatorial path, would be the beneficiary of such treacherous actions.

When The Island raised the allegations pertaining to the 24 Sept. protest, Colombo District MP Premadasa said there was no basis for such claims. MP Premadasa called the accusations directed at him ‘rubbish.’

Palitha said that the pathetic failure on the part of the Opposition to genuinely challenge the authoritarian NPP should be examined, taking into consideration the government following an agenda almost 100 percent against the election pledges. Except the much touted anti-corruption campaign, the NPP reneged on all its election promises.

Recalling massive rice imports after having promised to stop the same in the run up to the national elections in 2024, Palitha alleged that the utterly corrupt NPP created an artificial shortage to enable import of large stocks of salt for their benefit. Massive earnings were made through commissions, Palitha said, urging the SJB to reiterate its commitment to the 17 Sept. pledge. According to him, the SJB’s irresponsible action sabotaged the joint Opposition agreement reached on the eve of President Anura Kumara Dissanayake completing two years in Office.

Palitha said that the disruption of a genuinely joint protest, at the last moment, caused irreparable harm to the Opposition. The unexpected eleventh hour declaration made by the SJB upset their efforts to organise a large scale two-day protest on 24 and 25 Sept. Palitha emphasised the responsibility on the part of the SJB leadership and its top management to spearhead an all-out campaign against the government. The former petroleum sector employee said that a strong and transparent campaign could undermine the NPP within as a section of its parliamentary group was deeply dismayed by the current policies and strategies.

Palitha, in his capacity as the trade union leader, invited the Bar Association of Sri Lanka (BASL) to join the trade unions’ protest on 25 Sept. to intensify pressure on the government. BASL President Rajeev Amarasuriya told The Island that they didn’t accept that invitation.

Former SLPP Kalutara District MP Sanjeewa Edirimanna said that the SJB was far more keen to organise a large-scale protest to counter the SLPP’s highly successful Anuradhapura rally held on 12 September than a genuine joint protest against the 22nd Amendment or the government. Edirimanna said that they realised that the SJB would probably join a joint protest campaign only after organising a gathering to counter the SLPP. According to him, the SJB hadn’t been honestly interested in a joint protest campaign. Instead, it sought to resist possible challenges from rival political parties, he said.

An aide to UNP leader and former President Ranil Wickremesinghe said that though the SJB announced they were welcome to join the 24 Sept. protest, the party never received an invitation. The official said that some UNPers joined the protest on their own though the party neither directed supporters to join or boycott the event. As the Janathawadi Joint Opposition decided against participating for want of formal invitations, the UNP, as part of that group, decided not to join the 24 Sept. protest.

Continue Reading

News

Police remove Thileepan statue in Jaffna

Published

on

Pictures grabbed from video footage show policemen removing the Thileepan statue in Nallur yesterday

By Norman Palihawadane

Police have removed a memorial statue of former LTTE member Rasaiah Parthipan, alias Thileepan, from the Thileepan Memorial Square in Nallur, Jaffna, following the conclusion of commemorative events, marking the 39th anniversary of his death.

The statue was removed in the early hours of yesterday (27), a day after the final day of the commemoration was held at the site.

CCTV footage from the memorial reportedly shows police officers removing the statue and taking it away in a vehicle.

Tamil National People’s Front (TNPF) Secretary and MP Selvarasa Gajendran alleged that more than 15 police officers arrived at the site, without prior notice, entered the premises wearing footwear, and forcibly removed the statue.

The reason for the removal and the legal basis for the police action had not been officially announced as of yesterday.

Thileepan, a former political wing leader of the LTTE, died in September 1987, after undertaking a hunger strike in Nallur, while making several demands of the Indian Government.

The memorial events, marking the 39th anniversary of his death, were held at the site on Saturday (26). A statue had been erected at the location in connection with the commemoration.

Continue Reading

News

NPP, Lal agree to disagree

Published

on

Lal

 By Shamindra Ferdinand

NPP Executive Committee member Lal Wijenayake said that he would continue with the ruling party though he disagreed with the 22nd Amendment, sans a referendum. That position wouldn’t be changed, lawyer Wijenayake said, adding that he would continue to support whatever action taken by the Bar Association of Sri Lanka (BASL) to highlight the damaging consequences of the new amendment.

Wijenayake said so in response to The Island query whether he could continue with the NPP after having opposed the 22nd Amendment. When pressed for clarification, Wijenayake revealed that he received an opportunity to discuss the issue at hand with NPP and JVP leader Anura Kumara Dissanayake.

Declaring that he couldn’t reveal what transpired in his meeting with President Dissanayake, Wijenayake said the status quo would remain.

“They wouldn’t seek my removal from the party,” he said, adding he would remain in the Executive Committee, regardless of his unchanged position on the 22nd Amendment. Wijenayake ruled out the possibility of him joining joint Opposition protests against the government.

NPP General Secretary Dr. Nihal Abeyseinghe told The Island that those who urged the ruling party to allow its members to vote, according to their conscience, should know the entire government parliamentary group accepted the need for the 22nd Amendment. Yes, they voted according to their conscience, the Kalutara District lawmaker said, underscoring that regardless of the split in the NPP over the 22nd Amendment, the vote proved otherwise.

Of the 159-member NPP group, 158 voted for the controversial amendment where three Opposition MPs skipped the vote. Ravi Karunanayake and Faizer Musthapha of the New Democratic Front (NDF), led by Ranil Wickremesinghe, were among them. The other absentee Nayana Wasalathilake represents the SJB.

The NDF, which contested under the ‘Gas Cylinder’ symbol secured, five seats at the last parliamentary polls. The remaining three members, Anuradha Jayaratne, Rohitha Abeygunawardena and Chamara Sampath Dassanayake, voted against the 22nd Amendment.

Continue Reading

Trending