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Controversial awarding of contract to blacklisted Indian company to print  foolproof stickers on liquor bottles, cans

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CA issues notice to the Finance Minister, Treasury Secretary, Excise Commissioner General…..

By A.J.A. Abeynayake

The Court of Appeal, after considering a petition seeking a writ of certiorari quashing the tender awarded by the Excise Department to the Madras Security Printers of India to print foolproof stickers on liquor bottles and cans, issued notice on respondents on Wednesday.

Finance Minister Basil Rajapaksa, Secretary to the Ministry of Finance S.R. Attygalle, Commissioner General of Excise M.J. Gunasiri, Madras Security Printers and Attorney General have been named as respondents.

The petitioner, Rathu Bambarendage Lasantha Kumara, states in his petition that the Excise Department has awarded the tender to the Madras Security Printers (MSP) without conducting proper technical evaluation OR following tender procedures.

The petitioner has said the introduction of the sticker with a code on bottles and cans cost only 15 cents as per practice adopted in many other countries but the Excise Department has decided to spend about two rupees per bottle or can.

The petitioner states that Matara District SJB MP Buddhika Pathirana raised the issue in Parliament on 20 April and the MP pointed out the questionable practice adopted by the Excise Department to grant the contract to MSP, a blacklisted company in India as well as in several other countries. MP Pathirana categorically pointed out that the State would incur a one-billion-rupee loss due to the deal.

The petitioner says the corrupt practice has caused a great foreign exchange loss to the government of Sri Lanka which is already in a grave state of affairs in terms of country’s foreign reserves.

The petitioner also states that the officials of the Excise Department continuously engaged in corrupt practices by not collecting dues from the liquor industry either by not implementing proper and transparent procedure or by giving contracts to corrupt dealers.

The MSP on many occasions “while taking contracts to supply security printing stickers of manufacturers has illegally collected exorbitant amounts from such manufacturers and caused enormous losses to the respective States,” and “is a notorious company world widely engaged in such corrupt practices,” states the petitioner.

The granting of contract to supply of the foolproof security stickers and/or Digital Image Printing on liquor products in terms of Excise Notification under the Excise Ordinance to MSP is illegal, unlawful, unreasonable, ultra vires and shall be quashed and/or cancelled, says the petitioner.

After considering the facts submitted by the petitioner, the court issued notice on respondents.

Wijeyadasa Rajapakshe PC, Attorneys-at-law Dasun Nagasena, Rakhita Rajapakshe, Madhwa Jayawardene and Jayamudhita Jayasuriya appeared for the petitioner.

Senior State Counsel, Suranga Wimalasena appeared for respondents Finance Minister Basil Rajapaksa and the Secretary to the Ministry of Finance S.R. Attygalle.

Gamini Maparana PC and Naveen Marapana PC appeared for respondent MSP.



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First phase of the Urban Forest Project under the ‘Clean Sri Lanka’ programme launched

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The first phase of the Urban Forest Project under the ‘Clean Sri Lanka’ programme was launched on Sunday  (30) morning near the Kelaniya Bridge in Peliyagoda.

This initiative was implemented in collaboration with S-lon Lanka (Pvt) Ltd, a subsidiary of The Capital Maharaja Group, aligning with the “Tree Guardian” project. It also coincided with  Zero Waste Day which fell on Sunday (30), further reinforcing its environmental significance.

Guided by the Presidential Secretariat, key government and private sector stakeholders, including the Road Development Authority, the Urban Development Authority and the Colombo Municipal Council, partnered in the launch.

As part of the initiative, trees were planted on state-owned land between the Nawaloka Roundabout and the New Kelani Bridge in Peliyagods, to transform the area into an attractive urban forest plantation.

A unique aspect of this project is the assignment of responsibility for the protection and maintenance of the planted trees to various community groups, such as school students, university students and Daham Pasal (Religious School) students. The students of Dharmawijaya Daham Pasala in Peliyagoda were entrusted with the care and preservation of the trees planted near the Kelaniya Bridge.

Additionally, a mobile application (App) has been introduced to continuously monitor and update the growth and condition of the trees, as well as track the progress of their respective caretakers.

Delivering the keynote address at the ceremony, Secretary to the President Dr. Nandika Sanath Kumanayake emphasized that this project is not merely a reforestation initiative but a social, environmental and ethical movement closely linked to the objectives of the Clean Sri Lanka Programme.

Highlighting the historical challenges faced by tree planting projects initiated by previous governments, he noted that many such initiatives have struggled to achieve long-term success. However, he expressed confidence that, due to its strong public participation, the Clean Sri Lanka Programme would ensure the Urban Forest Project evolves into a sustainable and enduring initiative.

Attending the event as a Guest of Honour, Minister of Power and Energy Kumara Jayakody emphasized that the concept of green cities has gained global attention, with increasing focus on urban forests.  The Minister highlighted the importance of fostering a mindset shift among the public to achieve these environmental goals effectively. He stressed that assigning responsibility to the people in implementing this project is crucial for its success.  Furthermore, he pointed out that greater attention is now being directed toward renewable energy sources as part of efforts to create a sustainable environmental system.

Minister of Urban Development, Housing, and Construction Anura Karunatilaka, who participated in the event, noted that while urbanization has made life more convenient, it has also resulted in significant losses. He explained that Sri Lanka is now experiencing the negative consequences of urbanization, including environmental pollution, water contamination, air pollution and rising global temperatures. In searching for solutions to these challenges, initiatives such as urban forest projects play a vital role.

Minister of Rural Development, Social Security and Community Empowerment Upali Pannilage,  Operations Manager of The Capital Maharaja Group S.C. Weerasekara and Senior Additional Secretary to the President, Russell Appuhamy, addressed the gathering.

 

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May this Eid-ul-Fitr bring peace, reconciliation and the fulfillment of our shared hopes for a new era of renewal and prosperity – President

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President Anura Kumara Dissanayake in his Eid-ul-Fitr message wished that, this Eid-ul-Fitr bring peace, reconciliation and the fulfillment of our shared hopes for a new era of renewal and prosperity.

The full text of the President’s message:

“Eid-ul-Fitr, celebrated by Muslims worldwide after a month of fasting and upon sighting the new moon, holds great significance in the Islamic religious calendar.

Fasting during Ramadan, one of the five pillars of Islam, embodies the values of sacrifice, self-discipline and simplicity by distancing oneself from worldly desires. This period serves as a reminder of the importance of generosity towards those suffering from hunger and as an opportunity for self-restraint and spiritual growth, which devout Muslims deeply cherish.

As Sri Lanka undergoes various social, economic and political transformations, the teachings of Islam provide an excellent example for building a society rooted in freedom, equality, solidarity and human dignity. I strongly believe that these values serve as guiding principles in our collective journey toward a just and harmonious nation.

Furthermore, as we strive to foster a responsible and ethical political culture, one that values accountability over corruption and the misuse of public resources, the principles of self-restraint and sacrifice emphasized during Ramadan offer an inspiring model. They remind us of the need to cultivate a governance system that is sensitive to the aspirations and well-being of its people.
Eid-ul-Fitr is a celebration that transcends religious boundaries, promoting unity, compassion and selflessness. On this auspicious occasion, I extend my heartfelt wishes to all Sri Lankan and global Muslim communities.

May this Eid-ul-Fitr bring peace, reconciliation and the fulfillment of our shared hopes for a new era of renewal and prosperity.
Eid Mubarak!”

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Bid to include genocide allegation against Sri Lanka in Canada’s school curriculum thwarted

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Dr Hewage

Dr. Neville Hewage yesterday said that the Ontario Superior Court of Justice, the Ontario Court of Appeal and the Supreme Court of Canada had determined that alleged Tamil genocide hadn’t taken place in Sri Lanka.

The academic, who successfully moved the Canadian courts, said that, therefore, the much-touted Tamil Genocide Education Week Act (TGEWA), in terms of the ruling given by the Ontario Court of Appeal and confirmed by the Supreme Court of Canada, is not within provincial Jurisdiction Education under Canada’s Constitution. Dr. Hewage said so in response to The Island query.

Declaring that the Canadian ruling was a huge victory for Sri Lanka, constantly harassed by various interested parties over unsubstantiated war crimes allegations, Dr. Hewage emphasised that alleged Tamil genocide couldn’t be in the school curriculum.

The Canadian parliament in May 2022 declared May 18 as Tamil Genocide Remembrance Day, thereby recognising the massacre of Tamils during the last phase of the war.

Responding to another query, Dr. Hewage valued the legal action at approximately $350,000 while denying any backing from the Sri Lankan government. “I haven’t received any funding from the government,” Dr. Hewage said, appreciating the backing provided by the Canadian legal team.

Adjunct Professor of the Law and Justice Department Laurentian University. Sudbury, Ontario, Canada Hewage said: “I did my own legal work which cost me only time and the expenses for filing.”

Dr. Hewage dismissed attempts made by the pro-LTTE lobby to propagate the lie that the Supreme Court of Canada had dismissed the challenge to Bill 104 aka TGEWA, thereby allowing education and commemorative events/efforts.

Asked to explain, Dr. Hewage pointed out that although the Ontario Superior Court of justice, the Ontario Court of Appeal and the Supreme Court of Canada had determined that Tamil genocide did not take place in Sri Lanka, the Ontario Superior Court of Justice had ruled that TGEWA is valid under the Constitution Act, 1867, s 93 Education. Recalling that the first application had been filed against the Attorney General of Ontario on June 06, 2021, Dr. Hewage said that he had moved the Ontario Court of Appeal on July 22, 2022 and that court ruled that the TGEWA was not in line with the relevant Act.

The Appeal Court had concluded that TGEWA was not within the provincial jurisdiction as outlined in the Constitution Act, 1867, s. 93 Education, Dr. Hewage said.

The bottom line was that Tamil genocide couldn’t be included in their school curriculum, Dr. Hewage said. The Canadian verdict couldn’t have come at a better time for Sri Lanka, troubled by UK sanctions on Admiral of the Fleet Wasantha Karannagoda, retired Generals, Shavendra Silva and Jagath Jayasuriya as well as one-time LTTE Ampara-Batticaloa commander Vinayagamoorthy Muralitharan alias Karuna over war crimes allegations.

Dr. Hewage said that he had appealed to the Supreme Court on Nov 11, 2024 as he feared that the Ontario Court of Appeal could be reversed in case some other pro-LTTE party moved court and may declare plausible Tamil genocide. The academic stressed that throughout their campaign, the Sri Lankan government had not extended any help.

At the time, Dr. Hewage initiated the legal process Gotabaya Rajapaksa was the President. By the time Dr. Hewage appealed to the Supreme Court of Canada, the National People’s Power (NPP) had gained power.

The development with regard to TGEWA has taken place in the wake of Jaffna-born Gary Anandasangaree receiving appointment as Justice Minister and Attorney-General of Canada and Crown-Indigenous Relations and Northern Affairs Minister. He has been campaigning against alleged war crimes in Sri Lanka.

Dr. Hewage said that some media and other interested parties had been working overtime to deceive the people by misinterpreting the Canadian Supreme Court decision.

The Supreme Court had confirmed the Ontario Court of Appeal’s decision, and no further inquiries were required, Dr. Hewage said, adding that the pro-LTTE lobby was quite upset as both the Superior Court of Justice and the Appeal Court of Ontario had determined that Tamil genocide did not take place in Sri Lanka. “Therefore, the Supreme Court of Canada will not further inquire into the Tamil genocide claim and as such the Appeal court decision will stand,” Dr. Hewage said.

by Shamindra Ferdinando

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