Connect with us

News

Ex-parte injunction against AAC vacated

Published

on

Colombo District Judge Sandun Vithana recently issued an order vacating the ex-parte injunction previously granted against Automobile Association of Ceylon (AAC). The order was issued subsequent to the submissions made by the Counsel representing the Association, Executive Committee Members and Secretary.

This was in respect of Keerthi Gunawardena, former Vice President of the Association moving court against the AAC. Gunawardena obtained an ex-parte injunction that temporarily suspended the Association’s decision to terminate his Membership.

The Association’s Counsel told the court that Gunawardena had conducted himself in a manner undesirable and unbecoming of a Member at the 119th A.G.M. of the Association.

It was also noted that there were 37 formal complaints from Members regarding the incident in question. It was also emphasized that the termination of the Membership of Keerthi Gunawardena was made in strict accordance with the Consolidated Revised Rules in force at the Association. The Defence also argued that Gunawardena had provided misleading information to the Courts when seeking ex-parte injunction.

After carefully considering the submission from all parties the D.C. determined that the plaintiff had both suppressed and misrepresented material facts when he initially approached the Courts for relief.

It concluded that the ex-parte injunction should be vacated, thereby allowing the Association’s original membership termination decision to stand.

For the A.A.C. Kuvera De Zoysa P.C. led the team supported by Attorneys-at-Law Samuditha Kumarasinghe and Sanjana De Zoysa instructed by Attorney-at-Law Sanjay Fonseka.

For Association President Dhammika Attygalle, Ikram Mohamed P.C. appeared with Attorney-at-Law Charitha Wickrema. For the Executive Committee Members Chandaka Jayasundera, P.C. with Attorney-at-Law Imaz Imthiyaz, for the Association Secretary, Devapriya Hettiarachchi, Sanjay Rajaratnam P.C. appeared with Attorney at Law E.S.Jayasinghe.

The Plaintiff Gunawardena was represented by Attorneyat-Law Asthika Devendra instructed by W.M.D.M.B. Wasala.



News

PSTA worse than PTA: FSP

Published

on

The Frontline Socialist Party (FSP) yesterday accused the government of seeking to use the proposed Protection of the State from Terrorism Act (PSTA) to suppress popular political activity, claiming that some of its provisions were more repressive than those of the Prevention of Terrorism Act (PTA).

FSP Education Secretary Pubudu Jayagoda told a media briefing, in Nugegoda, that the definition of terrorism in the Bill was so broad that it could be used to label almost any form of popular political activity as terrorism.

He said the Bill’s approach to defining terrorism was based largely on attempts to compel a government, or an international organisation, to do, or refrain from doing something, rather than on internationally recognised criteria, such as killings, causing serious bodily harm, kidnapping or acts intended to spread terror among the public.

Jayagoda also alleged that the Bill transferred substantial powers from the judiciary to the executive, while extending powers of arrest, investigation and detention to the armed forces, in addition to the police.

He claimed that the government had sought to portray the Bill as a replacement for the PTA while retaining or introducing provisions that could facilitate political victimisation and repression.

The FSP also questioned the government’s decision to proceed with the Bill, despite having previously sought public views on an earlier draft.

Jayagoda said a draft had been published earlier this year, with the period for public submissions ending on February 28, but the Bill subsequently gazetted was essentially the same draft with some provisions rearranged.

Jayagoda also referred to a letter reportedly sent by Attorney-at-Law Saliya Peiris, a member of a Committee, chaired by President’s Counsel Rienzie Arsecularatne, that had been appointed to draft the legislation. He said Peiris had stated, in the October 06 letter, that changes had been made to the draft prepared by the Committee.

“This means that even the Committee, appointed to prepare the Bill, was a deception,” Jayagoda alleged.

He said that the PSTA was fundamentally similar to the Anti-Terrorism Bill introduced by the previous government, in 2023, which the National People’s Power (NPP) opposed and challenged in court.

“If the NPP opposed that Bill then and is now bringing the same legislation before Parliament, the government must explain its position,” he said.

Jayagoda called on NPP MPs to oppose the PSTA in Parliament and urged trade unions and other groups to build a broad public movement against the legislation.

He challenged the government to an open debate on the Bill.

Continue Reading

News

Shiranthi R remanded until 13 Oct.

Published

on

Former First Lady Shiranthi Rajapaksa was yesterday remanded until 13 October after being produced before the Colombo Magistrate’s Court following her arrest by the Commission to Investigate Allegations of Bribery or Corruption (CIABOC).

Shiranthi, wife of former President Mahinda Rajapaksa, was arrested at her residence on Poorwarama Road, Kirulapone, after CIABOC officers recorded a statement from her for nearly two hours.

According to the CIABOC, the arrest was made over allegations that Rs. 10 million obtained from the National Savings Bank through the Siriliya Saviya organisation was misappropriated.

The money was allegedly obtained to provide a Computed Tomography (CT) scanner to the children’s hospital. Investigators allege that the scanner was not provided and that the funds were instead unlawfully used.

CIABOC is investigating alleged offences under the Public Property Act and corruption-related provisions in connection with the transaction and other financial activities involving Siriliya Saviya, which was headed by Rajapaksa.

Rajapaksa returned to Sri Lanka on Monday night on a flight from Malaysia after travelling overseas for medical treatment. She left for Singapore on 16 September after being admitted to a private hospital in Colombo on 15 September following an illness.

She had been due to appear before the Financial Crimes Investigation Division (FCID) on 13 October in connection with its investigation into the financial affairs of Siriliya Saviya.

Meanwhile, her lawyers filed an anticipatory bail application before the Maligakanda Magistrate’s Court on Monday, seeking an order preventing her arrest in connection with the FCID investigation.

Continue Reading

News

Former NSB Chairman Kariyawasam granted bail

Published

on

Former National Savings Bank (NSB) Chairman Pradeep Kariyawasam was yesterday granted bail by the Colombo Magistrate’s Court following his arrest by the Commission to Investigate Allegations of Bribery or Corruption (CIABOC).

Kariyawasam, husband of former Chief Justice Shirani Bandaranayake, was arrested in connection with the Bribery Commission’s investigation into the ‘Siriliya Saviya’ account linked to former First Lady Shiranthi Rajapaksa.

The investigation concerns financial activities involving the Siriliya Saviya initiative, which was headed by Rajapaksa, wife of former President Mahinda Rajapaksa.

CIABOC is continuing investigations into the alleged financial irregularities relating to the account.

Continue Reading

Trending