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BASL slams attempts to interfere with elections as blatant attack on democracy

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The Bar Association of Sri Lanka (BASL) says that it is gravely concerned by attempts by the Government to interfere in the exercise of franchise by the people at the local council election.Issuing a statement, the BASL specifically referred to the decision of the Government on the 9th of January 2023 to instruct the Secretary, Ministry of Public Administration, Home Affairs, Provincial Councils and Local Government to direct all District Secretaries/Government Agents not to accept deposits from candidates for the Local Authorities election, until further notice and the consequent circular sent to District Secretaries/Government Agents by the Secretary to the Ministry which has now been apparently recalled.

The decision to direct all District Secretaries to refrain from accepting deposits from candidates for the Local Authorities election could result in the nomination process to the local authorities being brought to a standstill thus effectively overturning the decision of the Returning Officers and the Elections Commission to receive nominations and thereafter to conduct elections to the Local Authorities in the country, the BASL said.

The Bar Association pointed out that the Supreme Court has held in the case of Waruna Karunathileke and another v Dayananda Dissanayake 1999 1 SLR 156 that the exercise of the franchise by the people is a Fundamental Right which must be protected.

Fundamental rights and Franchise are two important aspects of the sovereignty of the people of Sri Lanka which is inalienable, the BASL stressed.Any unlawful attempt to interfere with the exercise of the franchise and any attempt to prevent people from exercising their sovereign right to choose their representatives at whatever level of Government will be a blatant attack on the Rule of Law and Democracy in Sri Lanka. Such a move will have far reaching consequences. Previous attempts by different administrations over the years to interfere with the franchise of the people have resulted in disastrous consequences on the country and its people, the BASL pointed out.

The BASL said it is firmly of the view that the Elections Commission should be allowed to exercise its powers mandated under the Constitution and the law without interference.

The President and the Government must refrain from taking any steps which could be construed as an interference with the independent functions of that Commission and with the exercise of the franchise by the people.

The BASL noted that notwithstanding the decision by the Government by letter dated 10″ January 2023, the Commissioner General of Elections has called upon the returning officers to continue to accept deposits.

The BASL called upon the Chairman and members of the Elections Commission and all public officers to continue to act according to the Constitution and the law so that the franchise of the people will be protected.



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Prison rules to be revised over monks’ attire

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Harshana

Appointment of committee eyewash, says UNP

The government is considering changes to prison regulations pertaining to the treatment of Buddhist monks serving jail terms, including their right to wear monastic robes when taken outside prison.

Justice and National Integration Minister Harshana Nanayakkara announced the proposed changes yesterday (14) following the submission of an interim report by a committee appointed to review the rules and procedures governing prisons.

The report was handed over to Secretary to the President Dr Nandika Sanath Kumanayake at the Presidential Secretariat.

One of the key recommendations is to amend Prison Standing Order 356 by introducing a new provision, 356(A). The proposed revision would require prison authorities to consult the Department of Buddhist Affairs on the removal of a monk’s robes upon admission to prison. The Commissioner of Prisons would be allowed 10 days to notify the department and take the necessary steps.

A separate amendment to Departmental Order 550 would allow Buddhist monks to wear their robes whenever they are taken outside prison, unless their respective Nikaya formally requests that the privilege be withdrawn.

The committee has also recommended extending similar arrangements, with suitable modifications, to members of other religious clergy who are imprisoned.

The proposals follow concerns raised over the treatment of Ven. Galagoda Aththe Gnanasara Thera after he was taken into custody. President Anura Kumara Dissanayake subsequently held discussions with representatives of the three main Buddhist Nikayas and appointed the committee to examine the existing legal framework.

Nanayakkara said the interim report had been forwarded to the Acting Commissioner General of Prisons, along with instructions to revise the relevant standing orders in accordance with its recommendations.

The proposed amendments have yet to be confirmed as formally implemented.

Meanwhile, the UNP yesterday criticised the government’s decision to appoint a committee to make recommendations on the attire to be worn by imprisoned Buddhist monks and other religious leaders when taken outside prison, describing the move as unnecessary.

In a statement issued yesterday (14), the UNP said the procedures governing the matter were already clearly set out in the Department of Prisons’ Standing Orders, making the appointment of a separate committee unwarranted.

The party cited remarks by Professor G.L. Peiris, Convenor of the Janathawadi Joint Opposition, who had described the committee’s appointment as a

“complete eyewash” and questioned the need for such a move.

Referring to Standing Order 550 of the Prisons Department, the UNP said convicted prisoners appearing before court for legal proceedings should not be required to wear prison uniforms.

It further stated that the regulations allowed prisoners to wear civilian clothing consistent with what they wore before imprisonment, including attire appropriate to their cultural and religious backgrounds.

The UNP accused the government of unnecessarily prolonging the issue by appointing a committee, despite the existence of regulations governing prisoners’ attire.

The party also called on the government to seek forgiveness from the Mahanayake Thera and the Sangha Council of the Kotte Sri Kalyani Samagri Dharma Maha Sangha Sabha of the Siyam Maha Nikaya over the decision concerning the religious attire of Ven. Galagoda Aththe Gnanasara Thera.

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AC President recuses himself from hearing prison attire case pertaining to Gnanasara Thera

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Court of Appeal President Justice Rohantha Abeysuriya yesterday withdrew from the bench hearing petitions challenging the decision by prison authorities to require Ven. Galagoda Aththe Gnanasara Thera to wear prison attire following his imprisonment.

The decision was announced when the petitions seeking to invalidate the prison authorities’ decision were taken up for consideration on October 14.

Following his withdrawal, a three-judge bench was appointed to hear the petitions.

The petitions relate to the prison authorities’ decision to require Gnanasara Thera to wear prison attire after he was taken into custody to serve the remainder of his sentence for contempt of court.

In September this year, the Supreme Court annulled the presidential pardon granted to Gnanasara Thera by former President Maithripala Sirisena in May 2019.

Following the ruling, the Court of Appeal directed the Commissioner General of Prisons to take the necessary steps to enforce the remainder of the monk’s prison sentence.

Gnanasara Thera had originally been sentenced to six years’ imprisonment for contempt of court but had served only around nine months before receiving the presidential pardon in 2019.

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Court orders steps to obtain INTERPOL Red Notice against Basil

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Basil

The Fort Magistrate’s Court yesterday issued an arrest warrant for former Minister Basil Rajapaksa over the alleged misuse of funds belonging to the Sri Lanka Tourism Promotion Bureau during the 2014 Uva Provincial Council election.

The Magistrate also directed the CID Illegal Assets Investigation Division to take necessary steps to obtain a Red Notice through Interpol.

The orders were issued following submissions made by the CID in connection with the alleged financial irregularities.

The CID’s Illegal Assets Investigation Unit informed the court that Rs. 7.8 million allocated to the Sri Lanka Tourism Promotion Bureau in 2014 had allegedly not been used for the Bureau’s promotional activities.

Instead, the funds had allegedly been used to provide 12,000 T-shirts during the Uva Provincial Council election, causing a financial loss to the government, the CID told court.

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