Connect with us

News

BASL opposes Deshabandu’s appointment, responds to public security minister

Published

on

Navaratne

The Bar Association of Sri Lanka (BASL) yesterday (20) emphasised that no officer who had violated Fundamental Rights or had criminal cases against him or any allegations of involvement in unlawful activity should be appointed IGP.

BASL President Kaushalya Navaratne issued the following statement in the wake of SC directing Acting IGP Deshabandu Tennakoon and three other officers to pay Rs 500,000 each to a person tortured by police in 2011.

“IGP is the Head of the Police Department and has security of tenure in terms of the Removal of Officers Act No. 5 of 2002. Hence it is of utmost important that the best possible appointment be made to that office.

The BASL has now become aware via media channels that the Public Security Minister purportedly alleges that certain lawyers who opposed the appointment of the Acting Inspector General of Police, are now appearing in court for drug traffickers. In the same speech the Minister made reference justifying encounter killings of suspects at the hands of the police.

The BASL would remind the relevant Minister that the right to represent a client is a professional right which has been safeguarded by law, and any threat to the right, is an attack on the profession at large.

In the case of Wijesundara Mudiyanselage Naveen Nayantha Bandara Wijesundara v Sirwardena and Others (SCFR 13/2019), the Supreme Court observed that: “Thus, there is no dispute that the legal profession is a sine qua non for the due administration of justice in this country and for that matter in any civilized society. The said profession is essential for the maintenance of the Rule of Law and maintenance of law and order and its due existence is of paramount importance to the organized functioning of the society which is primarily the basis for the smooth functioning of the country as a whole.”

Further, our constitution specifically guarantees the right to legal representation in Article 13(3), which states that every person has the right to a fair trial, and the right to be represented by a lawyer of their choice.

During the last few decades there has been a serious erosion in the public confidence in the Police Force in Sri Lanka. The lack of independence, politicisation, police brutality, custodial deaths, lack of professionalism have all contributed to the erosion of public confidence in the Police Force. The Bar Association of Sri Lanka (BASL) has continually been of the view that public confidence in the Police is vital for the administration of justice and the rule of law.

In the case of Mohammed Rashid Fathima Sharmila v K.W.G. Nishantha and others SCFR 398/2008- S.C.M. 03.02.2023 the Supreme Court observed that the police has lost the credibility it ought to have, in the following manner: “It only highlights the utterly unprofessional approach to duty by the personnel who man it and as a consequence, people are increasingly losing trust in the police. It had lost the credibility it ought to enjoy as a law enforcement agency. The incident relevant to this application had taken place in 2008, however, this court observes that instances of death of suspects in police custody are continuing to happen, even today.” (Aluwihare J)

Therefore, it is essential that the Police adhere to the Rule of Law. Encounter killings and custodial deaths are anathema to the Rule of Law and to the Fundamental Rights enshrined in the Constitution. They have a negative impact on the reputation of the country and of its police force and security establishment. Such killings also expose individual police officers to criminal sanctions. The Supreme Court has time and again strongly condemned such killings at the hands of the police.

In the aforesaid circumstances it is of utmost importance that the next permanent appointment of Inspector General of Police should be an officer whose service in the police force is exemplary and free of any blemish and able to restore public confidence in the Sri Lanka Police.

In this context, the Sri Lanka Police has had a practice that the promotions of police officers who are suspected of criminal offences or are Respondents in Fundamental Rights applications such as those relating to illegal arrests and torture are withheld during the pendency of such applications. Similarly, promotions of officers who have a blemished record in the Sri Lanka Police are regularly withheld. Matter now within the public domain.

The judgment was delivered by Justice S. Thurairaja with Justices Kumudini Wickremasinghe and Priyantha Fernando in the Supreme Court (SC) on the 14th of December, ordered Acting IGP and three other police officers to pay compensation out of their personal funds to a petitioner for violating his fundamental rights, while being detained at the Mirihana Police Station, which was under the supervision of Acting IGP.

In the aforesaid the BASL urges that no officer who has violated Fundamental Rights or criminal cases against him or any allegations of involvement in unlawful activity be appointed to the office of the Inspector General of Police.

The BASL is also of the view that prior to the approval of the appointment of the Inspector General of Police that the procedures to be followed in regard to recommendations or approvals for appointments under Article 41B or 41C should be determined by the Constitutional Council as provided for in Article 41E (6) of the Constitution.

The BASL urges that the appointment of the Inspector General of Police (and all other appointments) be done in a transparent manner so as to establish public confidence in the appointment process.”



Continue Reading
Advertisement
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Latest News

Sun directly overhead Kokkuvil, Nallur, Kodikamam and Nagar Kovil at about 12.11 noon today (28)

Published

on

By

The sun is going to be directly over the latitudes of Sri Lanka during 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 (28) are Kokkuvil, Nallur, Kodikamam and Nagar Kovil about 12.11 noon.

Continue Reading

News

Eight politicians in drug kingpin probe

Published

on

Police to arrest and question four former ministers, others over links to Basik

By Norman Palihawadane

Police are investigating alleged links between suspected major drug trafficker Shiran Basik and a number of prominent politicians, with eight of them due to be arrested and questioned as investigators widen their probe into his financial dealings and network of associates, police headquarters, according to a senior police officer.

Among those set to face questioning include a sitting MP, four former ministers, and at least one of them is a female. Police are also investigating allegations that Basik provided large sums of money to politicians during election campaigns and extended other financial and material benefits to political figures.

Investigators are also looking into claims that two politicians were provided with facilities to construct houses and hotels, while efforts are under way to establish the extent of political support and assistance allegedly provided to Basik.

The Colombo Central Crime Investigation Bureau (CCIB) is expected to question the politicians based on information reportedly disclosed by Basik during interrogation. Two electoral organisers are also expected to be taken into custody as part of the ongoing investigation, according to police sources.

Meanwhile, statements are being recorded from managers and employees of several businesses allegedly linked to Basik, while investigators continue to examine information and records recovered from his mobile phone.

Basik, 48, was brought back to Sri Lanka on August 14 after being arrested in Dubai and deported. He was taken into custody by officers of the Criminal Investigation Department’s Airport Unit at Bandaranaike International Airport and subsequently handed over to the CCIB for further investigation.

Police initially obtained a 72-hour detention order to question Basik before securing approval to detain him for 90 days.

Basik, a resident of Dehiwala, is facing investigations over alleged large-scale drug trafficking as well as firearms, and unlawful assembly of weapons-related offences. Police are also examining whether he had any involvement in recent prison-related incidents and have said information has emerged linking him to the 2012 Welikada Prison riot.

The investigation has also expanded to Basik’s alleged assets and business interests in Sri Lanka and overseas.

Police have said information uncovered during questioning indicates that Basik had claimed ownership of five hotels along Colombo’s Marine Drive. Investigators have also identified two houses and two mobile phone shops in Boralesgamuwa allegedly linked to him.

A court has ordered a comprehensive examination of bank accounts linked to Basik, with the Financial Intelligence Unit of the Central Bank of Sri Lanka to conduct a review of his financial accounts. A separate investigation into his wealth and properties is being conducted by the Illegal Assets Investigation Division.

Investigators are also examining claims that Basik owns properties, including hotels and vehicles, in several European countries, as well as a high-value vehicle in Dubai. These claims remain subject to further investigation.

Basik had left Sri Lanka for Dubai in 2018, where police said he lived a lavish lifestyle while operating businesses. He was arrested by UAE authorities before being deported to Sri Lanka.

During initial questioning, Basik told investigators that Dubai police had stopped and searched him at a shopping mall and examined his mobile phone. He claimed that footage relating to Iranian missile and drone attacks was found on the device and that he was subsequently questioned over alleged links to Iran.

Police are continuing to examine the circumstances surrounding his arrest and deportation, as well as the information contained in his mobile phone and other evidence gathered during the investigation.

The ongoing probe is being conducted under the supervision of Senior DIG Ranmal Kodituwakku and SSP Kamal Ariyawansa.The allegations against Basik and the politicians named in connection with the investigation have not been established in court, and the investigations remain ongoing.

Continue Reading

News

CJ first SC judge to benefit from 22A, if enacted: BASL

Published

on

The Bar Association of Sri Lanka (BASL) has opposed the proposed “Twenty-Second Amendment to the Constitution”, saying it raises serious concerns over judicial independence and the rights and interests of the public.

In a statement signed by BASL President Rajeev Amarasuriya and Secretary Nalin De Silva, the association said it had challenged the constitutionality of the proposed amendment before the Supreme Court.

The BASL noted that the Chief Justice would be the first Supreme Court judge to benefit from the proposed amendment if it becomes law. It also referred to widespread speculation that the amendment was being expedited to facilitate an extension of the incumbent Chief Justice’s tenure, which is due to end on December 1, 2026.

Full text of the statement:

“The Bar Association of Sri Lanka (BASL) has taken a principled position opposing the Bill titled the “Twenty-Second Amendment to the Constitution” on the basis that it raises serious concerns regarding the independence of the Judiciary and the rights and interests of the people. Accordingly, the BASL has challenged the constitutionality of the proposed amendment before the Supreme Court.

“It is observed that it will be the Honourable Chief Justice who will be the first Judge of the Supreme Court who will benefit from the 22nd Amendment, if this Bill is enacted into Law.

There is widespread belief that this amendment is being rushed to facilitate the extension of the tenure of the Honourable Chief Justice which would otherwise complete on 1st December 2026. In this backdrop, in the recent past, we have witnessed allegations being made in Parliamentary Proceedings as well as on Social Media concerning the Judiciary including the incumbent Chief Justice.

“During this period, the BASL has also been subjected to unfounded attacks on social media and other platforms.

“The Judiciary, like every other institution exercising public power, must remain subject to legitimate scrutiny and accountability. Judgments, judicial conduct and the administration of justice may properly be subjected to fair, informed and responsible criticism. Where credible concerns or allegations arise regarding any member of the Judiciary, including the Chief Justice, they should be examined objectively and addressed through the appropriate constitutional and parliamentary processes which are in place, with due regard to fairness and due process.

“At the same time, everyone must exercise responsibility when making allegations concerning individual judges, lawyers and others. Personal attacks based upon unsubstantiated allegations can undermine public confidence in the administration of justice and affect the independence and integrity of the judicial process and the system of justice

“Judicial independence is not intended to shield any individual from legitimate scrutiny or accountability. It is a safeguard for the people, ensuring that disputes are determined impartially and that individual rights, the Rule of Law and the constitutional order are protected.

“The BASL therefore calls upon all organs of the State, all parties concerned and the media to respect the role of the Judiciary and the system of administration of justice, while ensuring that any genuine concerns are addressed fairly, responsibly and through the procedures established by the Constitution and the law.”

Continue Reading

Trending