News
BASL contemplates legal action against HSZ gazette
The Bar Association of Sri Lanka (BASL) has threatened legal action against President Ranil Wickremesinghe’s reintroduction of war-time high security zones (HSZs).
“The BASL will be carefully studying the provisions of the said order and take appropriate legal action to ensure that the Fundamental Rights of the people are secured,” the BASL has said in a statement.
The BASL has said it is concerned that the purported order of the President also seeks to create offences under the said order which are not found in the Principal Act.
Full text of the statement: The Bar Association of Sri Lanka (BASL) is deeply concerned at the declaration of certain areas in Colombo as High Security Zones under Section 2 of the Official Secrets Act No. 32 of 1955 by President and Minister of Defence Ranil Wickremesinghe.The said order appears to cover several areas in the Colombo District including the areas in Colombo ordinarily used by the members of the public. It also covers several areas in Hulftsdorp in the vicinity of the Court premises.
The said order by the President purports to prohibit public gatherings or processions whatsoever on a road, ground, shore, or other open area situated within such High Security Zones without the permission of the Inspector General of Police or a Senior Deputy Inspector General. It also prohibits the parking of vehicles within the zone unless reserved for parking by the Competent Authority or under a permit issued by him, such Competent Authority being the Secretary to the Ministry of Defence.The scope of the Official Secrets Act is clearly set out in Section 2 of the said Act which can be read at: https://www.lawnet.gov.lk/official-secrets.4/
What Section 2 of the Official Secrets Act enables the Minister, is to declare any land, building, ship, or aircraft as a prohibited place. The Act does not empower the Minister to declare large areas as High Security Zones.The objective of making an order under Section 2 of the Official Secrets Act is to better safeguard information relating to the defences of Sri Lanka and to the equipment, establishments, organisations, and institutions intended to be or capable of being used for the purposes of defence. Orders under Section 2 cannot be made for any other purpose.
The BASL is concerned that the purported order of the President also seeks to create offences under the said order which are not found in the Principal Act. It is also of utmost concern that the purported order imposes stringent provisions in respect of bail by stating that a person taken into custody in connection with an offence under the said orders shall not be granted bail except by a High Court. The Official Secrets Act contains no such provisions, and in fact Section 22 of the Act empowers a Magistrate to release a suspect on Bail. As such the purported order seeks to significantly curtail the liberty of the citizen, without any reasonable or legal basis.
The BASL is deeply concerned that under the cover of the purported order under Section 2 of the Official Secrets Act that there is the imposition of draconian provisions for the detention of persons who violate such orders thus violating the freedom of expression, the freedom of peaceful assembly and the freedom of movement all of which are important aspects of the right of the people to dissent in Sri Lanka
The BASL will be carefully studying the provisions of the said Order and take appropriate legal action to ensure that the Fundamental Rights of the people are secured.We continue to remind the authorities including the President of the wisdom found in the Judgment of the Supreme Court in the ‘Jana Ghosha’ case of Amaratunge v Sirimal and others (1993) 1 SLR 264 which states as follows:
“Stifling the peaceful expression of legitimate dissent today can only result, inexorably, in the catastrophic explosion of violence some other day.”
News
Washout against Afghanistan sends India into semi-finals
India are through to the semi-finals of the Asian Games men’s tournament, with persistent rain and a damp outfield in Nisshin forcing the abandonment of their quarter-final against Afghanistan 16 minutes before the scheduled toss. India’s higher seeding – determined by the ICC T20I team rankings – ensured they went through at Afghanistan’s expense.
India will next face the winners of Tuesday’s quarter-final between Nepal and Sri Lanka in Thursday’s second semi-final. As one of the four seeded teams – India, Pakistan and Bangladesh are the others – to qualify directly for the quarter-finals, Sri Lanka will progress to the semi-finals if their match against Nepal is washed out too.
News
Sajith rejects Jt. Opp. protest sabotage claim; SJB TU chief demands remedial action
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.
News
Police remove Thileepan statue in Jaffna
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.
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