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BASL condemns govt. attempts to restrict freedom of expression
Sri Lankan citizens’ freedom of expression is being restricted and threatened by administrative and criminal sanctions, the Bar Association of Sri Lanka (BASL) has said.The BASL has in a media statement said it believes that the right to protest, as manifested in the freedom of assembly, association, and expression, is an important feature of a democratic society.
“This right is vital for the healthy functioning of a democracy, and while it is recognised that the right to protest can be subjected to certain limitations, it is equally important to ensure that these limitations are not the results of arbitrary measures contrary to the rule of law, and the equal protection of the law as guaranteed by Article 12 of the Constitution,” it said.
Below are excerpts of the press release: “We must ensure the the police, who are bound to act according to the law to protect the fundamental rights, cannot act arbitrarily in carrying out their responsibilities.
“In the recent case of U. N. S. P. Kurukulasuriya, Convenor, Free Media Movement, and J. K. W. Jayasekara, Vs. Sri Lanka Rupavahini Corporation SCFR 556/2008 and 557/2008 decided on 17.02.2021, the Supreme Court quoted with approval the following passages found in several decisions of Sri Lankan courts: “The right to support or to criticise governments and political parties, policies and programmes is fundamental to the democratic way of life; …and democracy requires not merely that dissent be tolerated, but that it be encouraged. Criticism of the Government, and of political parties and policies, is per se, a permissible exercise of the freedom of speech and expression under Article14 (1) (a).”
“In the same case His Lordship Justice Buwaneka Aluwihare observed as follows: “The danger of suppressing dissent was emphasized in Gunawardena v. Pathirana, OIC, Police Station, Elpitiya (1997) 1 Sri LR 265 stating that dissent, or disagreement manifested by conduct or action, is a cornerstone of the Constitution, which should not only be tolerated but encouraged by the Executive as obligated expressly by Article 4(d), Justice Mark Fernando cited the dictum of Justice Jackson in West Virginia State Board of Education v. Barbette (1943) 319 US 624, 641; “Those who begin coercive elimination of dissent soon find themselves exterminating dissenters. Compulsory unification of opinion achieves only the unanimity of the graveyard. It seems trite but necessary to say that the First Amendment was designed to avoid these ends by avoiding these beginnings.”
Therefore, we would like to remind the government that in a country with a rich history of expression through protest, it is important that people are not silenced, and their right to peaceful protest is upheld and respected.”
The countrywide dengue outbreak has intensified, with the death toll rising to 50, by July 16, as the number of reported infections surpassed 73,000, according to the National Dengue Control Unit (NDCU).
The country has recorded 73,455 dengue cases so far this year, with the case fatality rate standing at 0.07 percent, highlighting the severity of the ongoing outbreak.
The Western Province continues to remain the worst affected region, accounting for more than half of the total cases, with 38,700 infections. The Gampaha District has recorded the highest number of cases in the province with 15,341, followed closely by Colombo with 14,625.
The Southern Province has reported 11,382 cases, while the Sabaragamuwa and Central provinces have each recorded more than 6,000 infections.
Dengue cases have shown a sharp increase in recent months, with June recording the highest monthly total of 21,538 cases, while July has already reported 18,076 infections. In comparison, 8,590 cases were reported in May, and 5,651 in April.
Health authorities have identified 175 Medical Officer of Health (MOH) areas as high-risk locations during the 27th epidemiological week. An average of 2,677 new dengue cases are being reported daily, prompting authorities to intensify prevention and mosquito control measures.
The Colombo High Court yesterday (17) resumed hearing the money laundering case filed against Yoshitha Rajapaksa, son of former President Mahinda Rajapaksa, under the Prevention of Money Laundering Act.
The proceedings were held before High Court Judge Udesh Ranatunga, where evidence was recorded from prosecution witnesses, under the direction of Deputy Solicitor General Janaka Bandara.
President’s Counsel Sampath Mendis, appearing for Yoshitha Rajapaksa, cross-examined the witnesses during the hearing.
After recording evidence, the court ordered that further examination of evidence be postponed until July 24.
The Attorney General has filed indictments, alleging that Yoshitha Rajapaksa committed an offence, under the Prevention of Money Laundering Act, by purchasing five plots of land in Dehiwala and Ratmalana, valued at more than Rs. 73 million.
Former IGP Chandana Deepal Wickramaratne died after sustaining a gunshot injury at his residence, in Thalangama, yesterday (17), with police saying preliminary investigations indicate that the incident was a suspected suicide.
Kaduwela Magistrate Aruna Indrajith Buddhadasa, on Friday, ordered the Officer-in-Charge of the Malabe Police Station, Police Inspector Pradeep Ranasinghe, to conduct a formal investigation into the death and submit a report to court on its progress.
The order was issued after the Malabe Police Station presented facts before court regarding the incident.
According to police, the Malabe Police Station received information from the Police Unit of the Colombo East Base Hospital, in Mulleriyawa, that Wickramaratne, who resided in the Thalahena area, within the Malabe Police division, had died after being admitted to hospital, with gunshot injuries.
Police Spokesman ASP F.U. Wootler said Wickramaratne had allegedly used the firearm of his personal security officer and shot himself at his residence.
Police said the shooting had taken place at his residence on Parakum Road, Thalangama, on Thursday morning, before he was due to leave for his regular exercise routine. He was rushed to the Colombo East Base Hospital, in Mulleriyawa, with serious injuries but was pronounced dead upon admission, police said.
The deceased’s remains were placed at the Colombo East Base Hospital, where a post-mortem examination was scheduled to be conducted.
ASP Wootler said three police teams have been appointed to investigate the incident. Further investigations are being conducted by the Crime Division of the Western Province South Range and the Malabe Police Station.
Wickramaratne, 63, served as the 35th Inspector General of Police of Sri Lanka from November 27, 2020, to November 23, 2023.
He joined the Sri Lanka Police in 1986 as a Probationary Assistant Superintendent of Police and later served in several senior positions.
A graduate of the University of Colombo and the General Sir John Kotelawala Defence University, he also served as Acting IGP for more than a year, from April 28, 2019, before being appointed IGP, in November 2020.
He retired from the post of Inspector General of Police, in November 2023.
by Norman Palihawadane ✍️
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