News
BASL asks govt. to respect people’s fundamental rights
Declaration of State of Emergency:
The Bar Association of Sri Lanka (BASL) yesterday called upon Acting President Ranil Wickremesinghe to revoke the proclamation declaring a State of Emergency and ensure that the fundamental rights of the people, such as the freedom of expression including the freedom of speech and publication and the freedom of peaceful assembly which are all aspects of the sovereignty of the people, are respected and protected and not violated by the State or its agents.
A statement issued by the BASL Executive Committee states: The BASL notes that a State of Emergency has been declared by the Acting President with effect from 18th July 2022, the third time since April 1st 2022 that the country has been placed under the same. On one such occasion the State of Emergency was rescinded by the President before any Regulations were made thereunder and on the other occasion the Proclamation was not placed before Parliament and lapsed although Regulations including several provisions impinging on the fundamental rights of people were published. The State of Emergency has been declared three days before Parliament is to elect a successor to the office of President.
As noted in its previous statements, consequent to the declaration of a State of Emergency the Acting President is empowered to make Emergency Regulations which can override, amend or suspend the provision of any law, except the provisions of the Constitution. Emergency Regulations could be used to detain persons bypassing the ordinary courts process. In the past Emergency Regulations have led to many abuses on the part of the authorities which are reflected in the numerous decisions of our courts.
The BASL is of the view that at a time when the election to the office of President has been scheduled in Parliament, the Emergency Regulations must not be used to suppress any legitimate expression of opinion on the election of the President nor to suppress any dissent or disagreement on a particular candidate.
The BASL also notes that in terms of the law any attempt to unduly influence a Member of Parliament or bribing a Member of Parliament in respect of his vote is a specific offence under the law. Any attempt to use any threat, undue influence, coercion or bribe to influence such vote will be illegal and should not be condoned.
However, it must also be noted that whilst undue influence or threats are prohibited, the law does not preclude a member of the public from expressing his or her view on the election or the choice of a particular candidate or the relative merits or demerits of a candidate at the election.
The BASL is firmly of the view that the right to protest and the right to dissent are important aspects of the fundamental rights of the people including the freedom of expression and the freedom of peaceful assembly. The BASL reiterates that the State of Emergency must not be used to stifle peaceful protests and dissent or to make arbitrary arrests and detentions.
Fundamental Rights are of course subject to the restrictions set out in Article 15 of the Constitution including in the interests of public order. However, any restrictions that are imposed by law must be proportionate and reasonable. As the BASL has noted time and again if a peaceful protest becomes violent, that will only dilute the objective and purpose of a peaceful expression of dissent and strengthen the hands of those who seek to suppress legitimate dissent. Those engaged in protests must take utmost care to ensure that such protests remain peaceful and must be wary of persons who might seek to cause violence and destruction during such protests.
The BASL remains of the view that a declaration of a state of emergency is not the answer to the present situation in the country, including the spate of public protests which have occurred which resulted in the eventual resignation of the former President.
In the aforesaid the BASL calls upon the Acting President to forthwith revoke the proclamation declaring a State of Emergency, and to ensure that the fundamental rights of the people such as the freedom of expression including the freedom of speech and publication and the freedom of peaceful assembly which are all aspects of the sovereignty of the people are respected and protected and not violated by the State or its agents.
The Sri Lanka Navy successfully recovered its Fast Attack Craft P 4447 following a successful salvage operation, bringing a multi-stage emergency response to a close.
The craft, which ran into distress during a routine patrol on 15th August 2026 off Angulana, was brought to the surface on 11th September, from a depth of approximately 80 feet. It was
subsequently towed to the Colombo Dockyard premises.
The initial phase of the operation immediately following the incident focused on search and rescue. A joint effort involving the Navy, Air Force, Police, and local fishermen from Angulana
resulted in the rescue of 11 crew members. The search and rescue phase drew to a close with the recovery of the remains of the Second in Command of the craft, on 4th September.
Following the search and rescue phase, specialized Navy diving and salvage teams launched a dedicated recovery phase against rough sea conditions and underwater challenges, adhering to
strict safety protocols. The Navy’s marine, hull, electrical, and electronic engineering teams utilized specialized technical know-how and equipment to raise the vessel in stages.
Thus, the salvage operation marked an outstanding achievement attained through the professionalism, technical expertise of Navy divers, and coordinated contribution of all
engineering and technical branches of the Sri Lanka Navy. Technical support and specialized expertise were also extended by the Sri Lanka Ports Authority and Colombo Dockyard PLC.
By Shamindra Ferdinando
The Opposition should intensity its focus on the forthcoming selection of a member of the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) and remain vigilant as Speaker Dr. Jagath Wickremaratne, MP, the head of the Constitutional Council (CC) tasked with making the relevant recommendation, is under investigation by the CIABOC, sources familiar with the ongoing inquiry told The Island.
Chethiya Goonasekara, PC, is expected to complete his three-year term on Dec 31, 2026. Sources pointed out that CIABOC Commissioners are appointed by the President on the recommendation made by the 10-member Constitutional Council.
The CIABOC initiated the investigation following a complaint lodged by suspended Chief of Staff and Deputy Secretary General of Parliament Chaminda Kularatne in early February this year. Sources said that as Goonasekera is scheduled to complete his term toward the end of 2026, the CC would have to call applications soon to choose the successor.
Goonasekara received his appointment from President Ranil Wickremesinghe in January 2024. A Justice W. M. N. P. Iddawala was appointed Chairman of the CIABOC. The other commissioner is K. Bernard Rajapakse.
Asked whether Iddawala and Rajapakse, too, would complete their terms soon, sources said that in terms of the Anti-Corruption Act No 09 of 2023, the Chairman of CIABOC would hold office for a period of five years, second commissioner (K. Bernard Rajapakse) for four years and the third commissioner (Chethiya Goonasekara) for a period of three years.
Sources said that the Opposition as well as civil society representatives in the CC should take up the issue of Speaker facing an investigation by the CIABOC taking part in the forthcoming selection process. Responding to queries, sources emphasized that the issue was whether in terms of Section 107 of the Anti-Corruption Act the participation of the Speaker in the selection process amounted to a violation of the Act itself.
The current members of the CC are Dr Jagath Wickramaratne, Speaker and Chairman of the Constitutional Council, Dr. Harini Amarasuriya, Prime Minister, Sajith Premadasa, Leader of the Opposition, Bimal Rathnayake, MP, Aboobucker Athambawa, MP, Ajith P. Perera, MP, Sivagnanam Shritharan, MP, Austin Fernando, Civil society representative, Prof. Wasantha Seneviratne, Civil society representative and Ranjith Ariyaratne, Civil society representative.
Sources pointed out that in spite of the sensitivity of the case, the CIABOC recorded Kularatne’s statement in the second week of August, six months after he lodged the complaint.
The CIABOC on 3, 8 and 10 Sept recorded the statements from the Transport Officer, Deputy Director, Administration and Assistant Director, Finance regarding the use of facilities by the Speaker, those assigned to his staff and other relevant matters.
The NPP named Dr. Wickramaratne as the Speaker after Asoka Ranwala resigned over controversy regarding his higher education qualifications.
SJB lawmaker Dayasiri Jayaskera has repeatedly raised the issues concerning the Speaker with the focus also on the Speaker using two government-managed residences, relevant staff in addition to expenditure on food, transport and fuel provided to the Speaker’s private secretary.
Political sources said that trouble erupted after the Parliamentary Staff Advisory Council in late January sacked Kularatne accusing him of providing false information to secure his appointment. Before being appointed as the Deputy Secretary-General of Parliament in 2023, Kularatne held several high-ranking positions, including Secretary to the Chief Government Whip, Additional Secretary to the President, Additional Secretary to the Prime Minister, and Additional Secretary to the Leader of the Opposition.
The SJB declared in Parliament that Ranwala should be brought back as the Speaker as they have no faith in Wickramaratne. MP Mujibur Rahuman jokingly told parliament that the Opposition wouldn’t raise Ranwala’s educational qualifications.
The Government Medical Officers’ Association (GMOA) has stressed the need to conduct a comprehensive countrywide cadre revision urgently.
GMOA spokesman Dr. Lasitha Dhammika told The Island that the failure on the part of successive governments to conduct cadre revision caused the deterioration of the public sector health services. Due to the absence of required statistics, they hadn’t been able to fully comprehend the situation on the ground and to ascertain the requirements of the public.
Dr. Dhammika pointed out the expansion of the services without supporting statistics and the need to initiate an immediate cadre revision. According to him, the GMOA had raised this issue with successive governments without success. The GMOA spokesman said that they also sought relevant information from the Health Ministry in terms of the Right to Information (RTI) Act two weeks ago but was yet to receive response.
(SF)
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