News
Ex-HRCSL Commissioner moves Court against Emergency
Former member of the Human Rights Commissioner of Sri Lanka, Ambika Satkunanathan, has petitioned the Supreme Court against the declaration of Emergency, citing as respondents the Attorney-General, Secretary to the ex-President Gamini Senarath, Secretary to the incumbent President Saman Ekanayake, Defence Secretary General (retd.) G.D.H. Kamal Gunaratne.
Petitioner Satkunanathan has stated in her Fundamental Rights Violation application that the Emergency (Miscellaneous Provisions and Powers) Regulation No.1 of 2022 [hereinafter ERs] have the effect of restricting the fundamental rights of the people, and are constitutionally overbroad. The regulations are vague and overbroad, and amount to prior restraints of fundamental rights, and are not permissible proportionate restrictions, which are necessary in a democratic society.
The petitioner alleges they bestow and enable:
· Overbroad powers of search, arrest & detention and interrogation;
· Restrictions and prior restraint on freedom of speech, assembly, association and movement;
· Issuance of detention orders without judicial oversight;
· Arbitrary piling on of punishments and imposition of offences & penalties;
· Arbitrary / excessive restrictions on bail;
· Arbitrary restrictions on access to detainees.
The Petitioner therefore states that Regulations 9, 11, 12, 13, 14, 15, 17, 18, 20, 21, 26, 34, 36, and 37 of the ERs are vague and/or constitutional overbroad, and/or amount to prior restraints, and are violative of, inter alia, Articles 10, 11, 12(1), 12(2), 13(1), 13(2), 13(3), 13(4), 13(5), 14A, 14(1)(a), 14(1)(b), 14(1)(c), 14(1),(g) & 14(1)(h) of the Constitution, and are not necessary or proportionate responses required in a democratic society, and the measures do not deal with the exigencies of the current situation. The Petitioner states that these ERs additionally impinge on judicial discretion and oversight and are violative of inter alia, Articles 4(c) & 111C of the Constitution.
Petitioner requests the Court to:
· Declare that the Petitioner’s Fundamental Rights guaranteed to her under Article 12(1) of the Constitution have been infringed by any one or more of the Respondents;
· Declare that the actions of the Respondents amount to a violation and/or continuous violation and/or imminent violation of the fundamental rights enshrined in Articles 10, 11, 12(1), 12(4), 13(1), 13(2), 13(3), 13(4), 13(5), 14A, 14(1)(a), 14(1)(b), 14(1)(c), 14(1)(g), &/or 14(1)(h) of the Constitution;
· Grant appropriate interim relief(s) until the final determination of this application;
· Restrain the Respondents and/or officers serving under them and/or their agents from acting upon the Emergency (Miscellaneous Provisions and Powers) Regulation No.1 of 2022.
AND/OR in the alternative to the above
· Staying the operation of the Emergency (Miscellaneous Provisions and Powers) Regulation No.1 of 2022.
OR in the alternative to (ii) above
· Staying the operation of Regulations 9, 11, 12, 13, 14, 15, 17, 18, 20, 21, 26, 34, 36, and/or 37 of Emergency (Miscellaneous Provisions and Powers) Regulation No.1 of 2022 published in Gazette Extraordinary 2289/07 dated 18 July 2022.
· Restraining the President of the Republic and/or his successor in office, from issuing any further Emergency Regulations pursuant to the Proclamation of a State of Emergency;OR in the alternative to (iv) above
· Restraining the President of the Republic from issuing any further Emergency Regulations pursuant to the Proclamation of a State of Emergency except and subject to such conditions as shall be imposed by the Court as necessary in a democratic society to meet the exigencies of the current circumstances;
· Staying the operation of the Proclamation declaring a State of Emergency.
· Declare that the Proclamation declaring a State of Emergency published in Gazette Extraordinary 2288/30 dated 17 July 2022 is null and void and of no force or effect in law.
· Declare that the President, represented by the AG has violated the rights of the Petitioner under Article 12(1) in issuing a Proclamation declaring a State of Emergency.
· Declare that the Emergency (Miscellaneous Provisions and Powers) Regulation No.1 of 2022 published in Gazette Extraordinary 2289/07 dated 18 July 2022 are null and void and of no force or avail in law.
OR in the alternative to the above
· Declare that Regulations 9, 11, 12, 13, 14, 15, 17, 18, 20, 21, 26, 34, 36, and/or 37 of Emergency (Miscellaneous Provisions and Powers) Regulation No.1 of 2022 published in Gazette Extraordinary 2289/07 dated 18 July 2022 are null and void and of no force or effect in law.
· Declare that the President, represented in these proceedings by the 1A Respondent AG has violated Articles 10, 11, 12(1), 12(4), 13(1), 13(2), 13(3), 13(4), 13(5), 14(1)(a), 14(1)(b), 14(1)(c), 14(1)(g), &/or 14(1)(h) of the Constitution, in issuing the Emergency (Miscellaneous Provisions and Powers) Regulation No.1 of 2022 published in Gazette Extraordinary 2289/07 dated 18 July 2022.
News
Buddhist hierarchy demands prison perks for monk convicts
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.
News
Debate on NCM against Speaker postponed indefinitely
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.
News
Karannagoda pushed for £24,536 for Yoshitha’s UK training, Court told
Former Navy Commander Admiral Wasantha Karannagoda had, by letter dated May 19, 2014, requested the Secretary to the Ministry of Defence to approve the funds required for former Navy Lieutenant Yoshitha Rajapaksa, son of former President Mahinda Rajapaksa, to attend the Royal Navy Young Officers Course at the Royal Navy Training College in the United Kingdom, the Colombo High Court was told on Thursday (15).
The court was informed that £24,536 in public funds had been spent on the training programme. The details emerged during testimony by a Navy representative appearing on behalf of former Navy Commander Admiral Travis Sinniah before Colombo High Court Judge Udesh Ranatunga, when the money laundering case against Rajapaksa was taken up for hearing.
Responding to questions during cross-examination, the witness explained that payments for Navy officers attending overseas training programmes were generally made in foreign currencies, including US dollars and British pounds.
Meanwhile, Navy Captain Nuwan Thushara Arangala, testifying for the prosecution, told court that Rajapaksa had received a total of Rs. 5,159,626.37 in salaries and allowances during his nine years of service in the Navy.
The court was informed that Rajapaksa had served as a Navy Lieutenant from December 14, 2006, to February 28, 2017, although his service had been suspended on February 28, 2016.
According to the testimony, his monthly gross salary was Rs. 16,390, in addition to allowances for food, uniforms, housing and special duties.
The witness clarified that these allowances did not include payments made for overseas training programmes or participation in sporting events while representing the Navy.
During the proceedings, the prosecution also submitted Rajapaksa’s annual declarations of assets and liabilities for the period from 2009 to 2015.
A National Savings Bank official also testified regarding savings accounts and fixed deposits maintained by Rajapaksa, stating that no withdrawals had been made from the accounts since they were opened.
Rajapaksa is facing charges under the Prevention of Money Laundering Act over his alleged failure to explain the source of nearly Rs. 735 million acquired between August 1, 2012, and August 29, 2013, in Rajagiriya and Bambalapitiya.
The prosecution alleges that funds suspected to have been derived from unlawful activities were deposited in bank accounts and fixed deposits.
The court also heard testimony concerning the appointment of a guardian for Daisy Forrest, the second defendant in the case, and matters relating to the clearance of an imported outside broadcasting (OB) truck associated with CSN television.
Further examination of witnesses was scheduled for October 30, with the court directing 11 prosecution witnesses to appear on that date.
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