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BASL alleges govt. trying to subvert the course of justice in relation to the interim orders given by SC in the cases relating to the appointment of IGP

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The Bar Association of Sri Lanka (BASL) has accused the Wickremesinghe-Rajapaksa government of trying to undermine the Supreme Court.

In a strongly-worded statement issued yesterday (27), the BASL declared that the decisions of the Supreme Court couldn’t be overruled by any other forum and neither the Prime Minister nor the Speaker have any authority to override the decisions of the Courts.

The following is the text of the BASL statement:

‘The Bar Association of Sri Lanka (BASL) strongly condemns the efforts of the Government to subvert the course of justice in relation to the interim orders given by the Supreme Court in the cases relating to the appointment of the Inspector General of Police, Mr. Deshabandu Tennakoon.

In the said cases, a three-judge bench of the Supreme Court heard all parties including the Attorney General and counsel for Mr. Tennakoon and delivered its order granting leave to proceed. The Court also issued an interim order restraining Mr. Tennakoon from exercising the duties, functions and powers of the Inspector General of Police until the final determination of the applications. The said cases had been fixed for hearing on 11th November, 2024, with the consent of all parties including the Attorney General and all counsel.

The claim that the Supreme Court does not have power to call into question appointments made by the President which are approved by the Constitutional Council is, in the view of the BASL, totally untenable.

The decisions of the Constitutional Council are clearly amenable to the Fundamental Rights Jurisdiction of the Supreme Court (as per Article 41J of the Constitution). It is equally clear that following the 19th Amendment to the Constitution the exercise of powers by the President, except his power to declare war and peace, are subject to the Fundamental Rights Jurisdiction of the Supreme Court (as per Article 35 of the Constitution).

It is in the exercise of the said powers that the Supreme Court has previously quashed the grant of pardons by the President, quashed the dissolution of Parliament and held against the President who was in office during the Easter Sunday attacks.

In the case of Edward Siva V Dr. Shirani Bandaranaike [1997(1) SLR 92] a seven-judge bench of the Supreme Court held as follows, quoting with approval the decision of the Supreme Court in Bandara v Premachandra [1994(1) SLR 301].

“In common with Courts in other democracies founded on the Rule of Law, this Court has consistently recognised that powers of appointment are not absolute: “There are no absolute or unfettered discretions in public law; discretions are conferred on public functionaries in trust for the public, to be used for the public good, and the propriety of the exercise of such discretions is to be judged by reference to the purposes for which they were so entrusted.”

The decisions of the Supreme Court cannot be overruled by any other forum; neither the Prime Minister nor the Speaker have any authority to override the decisions of the Courts.

It is essential for the Rule of Law and the independence of the judiciary that the executive and legislature respect the judgments of the courts of the land. Failure to honour the decisions of the courts of the land by the Government will result in a loss of public confidence in the administration of justice and will seriously imperil democracy.

The BASL expresses its fullest confidence in the judiciary of Sri Lanka including the Supreme Court and will stand by the judiciary in order to ensure that its integrity is protected at this critical hour.”



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Sun directly overhead Madampe, Thorayaya, Thotagamuwa, Rattota and Kalavanchikudy about 12.09 noon today (03)

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The sun is going to be directly over the latitudes of Sri Lanka from 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 (03) are Madampe, Thorayaya, Thotagamuwa, Rattota and
Kalavanchikudy about 12.09 noon.

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Nilakshika fifty, Athapaththu seven-for rescue Sri Lanka against Indonesia

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Chamari Athapaththu (3.3-0-5-7) produced the fifth-best figures in women's T20Is [ACC]

A Chamari Athapaththu seven-wicket haul and Nilakshika Silva’s 50 off 35 saw defending champions Sri Lanka withstand a valiant Indonesian side to register a resounding 75-run victory in their Asia Cup match in Dubai.

Athapaththu was undoubtedly the pick of the bowlers, as she started and finished Indonesia’s slide with career best figures of 7 for 05,  inclusive of a hat-trick – nearly two in fact. Chasing a target of 125, the opening pair of Maria Corazon and Rahmawati Pangestuti struck 16 runs in the first two overs, but once spin came into play scoring slowed down to a trickle and Indonesia were eventually bowled out for 49 in the 19th over.

Sri Lanka, too, had found it tough to combat Indonesia’s mix of spin and slow-medium seamers as they stumbled to 62 for 6 in the 13th over, but their innings received a timely boost as Nilakshika countered with a trademark back-against-the-wall effort to drag her side to a total that seemed about par on a pretty sluggish surface. In the end it proved to be plenty.

Sri Lanka struggle early on

Having been put in to bat on a fresh surface, Sri Lanka were perhaps guilty of a little complacency against their less-fancied opponents. Time and again the top order sought to find the boundary, and time and again they failed to find their timing.

On a wicket where the ball was hardly coming on, the Sri Lankan batters’ tunnel vision focused squarely on boundary hitting and eschewed strike rotation; there were 19 dot balls in a powerplay that had fetched 31 runs for the loss of two wickets.

By the halfway point of the innings, the dot count had risen to 28. The scorecard, meanwhile, read 47 for 5. Indonesia, to their credit, did well to bowl to their fields and frustrate the Lankan batters.

Sanjana Kavindi got to double-digits with a pair of nicely struck boundaries, but she was the only one of Sri Lanka’s top five to do so – and she was eventually done in on 15 missing an attempted cut on a straight one.

Nilakshika brings the Silva-lining

With recognised batting fast running out, Sri Lanka needed someone to take control of the innings, and as she has done so often over recent years it was Nilakshika that stood up to be counted.

She first strung together 17 off 18 with Kaushini Nuthyangana, but when Nuthyangana fell Nilakshika produced a masterclass in batting with the tail. She cajoled Kawya Kavindi to keep rotating the strike, and when the opportunity arose she was unerring in finding the boundaries – including Sri Lanka’s first and only six of the innings in the penultimate over.

Their seventh-wicket partnership eventually ended on 50 off 36, reached simultaneously alongside side Nilakshika’s fifty – her third in T20Is – but by then she had already ushered her side to safety.

Athapaththu steals the show

In Chethana Vimukthi, Sri Lanka might have their first ever genuine fast bowler but on a wicket where the ball was not quite coming on, pace never seemed like the answer. For the first two overs of the chase, Indonesia’s openers did well to find boundaries against Vimukthi and and fellow seamer Kawya, but then Sri Lanka introduced their spinners.

Athapaththu promptly castled Pangestuti before removing Corazon and Rada Rani off consecutive deliveries in her next over. Here she missed her hat-trick by a whisker, a yorker narrowly missing Desi Wulandari’s off stump.

She brought herself back into the attack in the 14th and removed Nanda Sakarini, and she capped things off by achieving her hat-trick at the second time of asking, taking three wickets off what proved to be the final three deliveries of the innings.

Scores:
Sri Lanka Women  124 for 7  in 20 overs (Sanjana Kavindi 15, Nilakshika Silva 50, Kawya Kavindi 15*; Ni Ariani 1-23, Sang Maypriani 2-15, Ni Luh Dewi 3-32, Sofia Velic 1-21) beat   Indonesia Women  49 all out in 18.3 overs (Rahmawati Pangestudi 10, Ni Made Putri Suwandevi 12; Kavya Kavindi 1-14, Sugandika Kumari 1-03,  Chamari Athapaththu 7-05, Kavisha Dilhari 1-02) by 75 runs

[Cricinfo]

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MoU signed for technology to prevent wild elephant-train collisions

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The Memorandum of Understanding (MoU) relating to the project to provide technological solutions to prevent wild elephants from being hit by trains was signed yesterday (01) afternoon at the President’s Media Centre, under the patronage of Secretary to the President Dr Nandika Sanath Kumanayake.

Coordinated through the “Clean Sri Lanka” programme, the project is being implemented as a public-private partnership, with the Railway Department, the Department of Wildlife Conservation and the Forest Conservation Department working together, with full financial support from People’s Bank.

The system consists of three-beam detection, passive infrared (PIR) sensors, automatic temperature sensors and a tamper alarm system to detect animals weighing more than 20 kilogrammes and unauthorised interference. Signal lights (red/yellow/green) installed on either side of the railway tracks, together with a special screen installed inside the locomotive cab, will alert the driver in advance to the exact location of an elephant.

A demonstration test of the system was successfully conducted at the Pinnawala Elephant Orphanage premises in the presence of the relevant officials, following which a report on the system was prepared.

The system will be implemented as a pilot project from next month at 13 locations where wild elephant accidents are frequent. A newly developed website is also scheduled to be launched to enable the progress of the project to be viewed live.

Additional General Manager of Railways P.D.S.B. Chandrasena, Director General of Wildlife Conservation M.S.L.R.P. Marasinghe, Conservator General of Forests S.C. Palamakuumbura and Chairman of People’s Bank Chandana Guniyangoda signed the relevant MoU. Officials from the Clean Sri Lanka Secretariat, including Presidential Additional Secretary (Clean Sri Lanka) Engineer S.P.C. Sugeeshwara, as well as senior officials from the Railway Department, Department of Wildlife Conservation, Forest Conservation Department and People’s Bank, were also present.

[President’s Media Division]

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