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 On one such occasion the State of Emergency was rescinded by the President before any Regulations were made thereunder and on the other occasion the Proclamation was not placed before Parliament and lapsed although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.
News
Record 1,600 students take Russian Classical Ballet examination in Sri Lanka
More than 1,600 students sat this year’s Russian Classical Ballet Examination, the largest number ever to take part in the examination in Sri Lanka. Exams were held in Colombo from 5, to 18, October and in Galle on 10 October.
Students aged four and above came from across the island, including Colombo, Galle, Gampaha, Negombo, Matara, Kelaniya, Panadura, Wattala, Kiribathgoda, Ratnapura, Kandy, Kurunegala, Bandarawela and Badulla. They are taught by 15 dedicated teachers trained in the Vaganova method, the renowned Russian system of classical ballet training.
They were examined by Dr. Oxana Karnovich of the Moscow State Academy of Choreography, a distinguished academic and curator.
The Russian School of Ballet and Dancing was established in 2001 by Michael Ustinov, Buddhapriya Ramanayake and Mrs Chandi Aluvihare, with Mrs Galina Pleshakova as its founding instructor. Today the School is led by Director Madam Maria Popova, Counsellor of the Embassy of the Russian Federation in Sri Lanka.

News
Buddhist hierarchy demands prison perks for monk convicts
MONETABRIEF– Sri Lanka’s two most senior Buddhist chapters, Malwatte and Asgiriya, demanded special concessions for monks serving prison sentences, following the disrobing of convicted monk Ven. Galagodaatte Gnanasara in line with established procedures.
The chief prelate of the Asgiriya chapter, Most Venerable Warakagoda Sri Gnanarathana, told Prisons Commissioner Senaka Palletenna that Ven. Gnanasara, who is serving a six-year sentence for contempt of court, must be released immediately.
Prison authorities have no power to release or pardon convicts, but Palletenna told the monk in Kandy on Friday that he would convey his request to the relevant government authorities.
“There is no point in talking about this and that… The entire country has been shaken (??????? ) . He must be released,” the Asgiriya chief prelate said.
The Malwatte chief prelate, Most Venerable Thibbatuwawe Sri Siddhartha Sumangala, appeared to accept the court verdict against Ven. Gnanasara, but asked the prisons chief whether a separate section could be established for convicted monks.
Palletenna noted that a special ward for the clergy already existed at Welikada Prison.
At least 63 convicted Buddhist monks are currently incarcerated within Sri Lanka’s criminal justice system.
Meanwhile, a group of 34 Buddhist monks named in a Colombo Fort Magistrate’s Court order to vacate the vicinity of the Presidential Secretariat ended their protest and dispersed after lunch on Friday.The monks are demanding an unconditional pardon for Ven. Gnanasara, who has previously been imprisoned, making him a reconvicted prisoner.
News
Debate on NCM against Speaker postponed indefinitely
The debate on the no-confidence motion against Speaker Dr. Jagath Wickramaratne, submitted by the Samagi Jana Balawegaya (SJB), has been postponed indefinitely pending the Attorney General’s opinion on certain technical issues in the motion.
Government representatives raised the matter at a meeting of the Committee on Parliamentary Business, pointing out that several provisions of the motion required clarification and that the Attorney General’s advice should be obtained.
As obtaining the opinion would take time, the debate could not be scheduled for the next parliamentary week, parliamentary sources said.
Chief Opposition Whip Gayantha Karunatilaka said a date for the debate would be decided after the Attorney General’s advice was received.
Meanwhile, Parliament is scheduled to meet from October 20 to 23, Secretary General of Parliament Kushani Rohanadeera announced.
The parliamentary business for the week was finalised at a meeting of the Committee on Parliamentary Business held on Friday (16) under the chairmanship of Deputy Speaker Dr. Rizvie Salih.
On each sitting day, the period from 9.30 a.m. to 10 a.m. will be allocated for parliamentary business under Items 1 to 6 of Standing Order 22. Questions for Oral Answers will be taken up from 10 a.m. to 11 a.m., followed by questions under Standing Order 27(2) from 11 a.m. to 11.30 a.m.
On Tuesday, October 20, an Opposition-sponsored Adjournment Motion will be debated from 11.30 a.m. to 5.30 p.m.
On Wednesday, October 21, a resolution under the Public Debt Management Act and a Supplementary Estimate will be taken up for debate and approval from 11.30 a.m. to 5 p.m. The annual reports of five statutory institutions will subsequently be presented for approval without debate, while questions at the Adjournment Time will be taken up from 5 p.m. to 5.30 p.m.
On Thursday, October 22, the Second Reading debates on two Bills to amend the Poisons, Opium and Dangerous Drugs Ordinance (Bills Nos. 79 and 80) will be held from 11.30 a.m. to 5 p.m.
The annual reports of five statutory institutions will then be taken up for approval without debate, followed by an Opposition-sponsored Adjournment Motion from 5 p.m. to 5.30 p.m.
On Friday, October 23, the Second Reading debate on the Elimination of Rabies and Registration of Dogs Bill will be held from 11.30 a.m. to 5 p.m. A Government-sponsored Adjournment Motion will be debated during the final half-hour of the sitting.
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