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

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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.”



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Record 1,600 students take Russian Classical Ballet examination in Sri Lanka

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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.

 

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Buddhist hierarchy demands prison perks for monk convicts

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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.

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Debate on NCM against Speaker postponed indefinitely

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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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