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JVP lawyers to move CA against PCoI report

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By Saman Indrajith

The JVP-led Lawyers for Democracy is planning to move the Court of Appeal against the report of the Presidential Commission of Inquiry into Political Victimisation as they claim the release of the document is tantamount to contempt of court.

Addressing the media at Solis Hall in Pitakotte yesterday former JVP Provincial Councilor Attorney-at-law Sunil Watagala said that the commission report has recommended the release of 61 persons whose cases were being heard before High Courts. “It is a known fact that matters pending before courts are sub judice and cannot be adjudicated elsewhere as the cases are in progress. The commission has done that. Along with those 61 cases, the commission report recommends the release of accused of several other cases. The commission report recommends the release of accused in 79 cases. This shows that the commission has overstepped its mandate. We are planning to challenge the commission report in the court of appeal.”

Watagala said that the President had appointed another commission to recommend that Parliament be vested with powers to implement the report of Presidential Commission of Inquiry into Political Victimization. “There were instances of hurling stones at the houses of the judges who had judgments not to the liking of government politicians. A Chief Justice was removed as she did not give in to political pressure. A former chief justice made a public apology for a judgment he had once given. It is our belief that this commission has caused an affront to the dignity of judiciary.”

Former commissioner of the Human Rights Commission senior lawyer Ghazali Hussain said: “In a case there are two parties – there is a victim and a suspect. The commission report recommends punitive actions against the victims of the cases pending before courts. This is a serious matter connected to democracy of our society. We must uphold the independence of judiciary. Judicial system should not be permitted to be influenced by the needs of political authority. As concerned citizens it is our duty to stand against this unjust act motivated by partisan politics.”

Senior Lawyer Upul Kumarapperuma said: “There is a fundamental principle in judicial matters known as natural justice. As per that principle, one cannot be the judge of his own case and both parties of a case should be listened to before any decisions. That principle is not upheld in this matter. The second requirement of the natural justice that is to listening to both parties is not maintained in the commission report. This is one sided opinion. That is the biggest weakness of this commission report.”

Attorneys-at-law Harshana Nanayakkara, Manjula Balasuriya, Akalanka Udawatte and Charith Galhena also addressed the press.



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India should be kept out of PC polls, matters related to 13 A – Mano

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Mano

Leader of the Tamil Progressive Alliance (TPA), Mano Ganeshan, MP, said that India shouldn’t intervene here regarding the long-delayed Provincial Council polls.

The former Yahapalana Minister of National Co-existence, Dialogue and Official Languages (2015-2018), Ganeshan, who represents the main Opposition Samagi Jana Balawegaya (SJB) in the current Parliament, stressed that New Delhi’s intervention wouldn’t do any good for them or for us.

Lawmaker Ganeshan said so when The Island asked him whether the TPA would ask India to pressure the NPP government to conduct PC polls, last held in 2014, during Mahinda Rajapaksa’s second term. Ganeshan said: “India shouldn’t get involved in the issue at hand . Such a strategy is also in their interest, particularly in the context of the evolving global order. India should not be perceived as a pro-Tamil state, but rather as a state that supports Sri Lanka as a whole.”

Ganeshan said that the Indian state bears a moral responsibility in this matter. “That responsibility arises from the fact that India’s diplomacy and military intervention played a decisive role in neutralising the Tamil armed struggle in Sri Lanka. Although India’s mission remained unfinished, it nevertheless lost nearly two thousand soldiers in the process. There was also a prelude to this involvement, when Tamil militant groups received training in India. Consequently, the Indian connection became a sensitive issue for both the Sinhalese and Tamils of Sri Lanka.”

But, whatever had happened, the national issue should be settled among us. ” The solution must be found and settled within Sri Lanka itself. We do not need Western interventions in this regard.”

” In recent years, whenever we in the Tamil Progressive Alliance (TPA) have met Indian dignitaries—including the Prime Minister, the External Affairs Minister, and, most recently, the Vice President—the subjects of the 13th Amendment and Provincial Councils have never featured on our agenda.”

The 13th Amendment is part of Sri Lanka’s Constitution. Therefore, it is for Sri Lankans themselves to decide whether to retain, improve, fully implement, reform, or even repeal it, Ganeshan said.

MP Ganeshan found fault with those who represented the Northern and Eastern provinces for failing to utilise the goodwill and influence India enjoyed with successive Governments of Sri Lanka to pursue an amicable political settlement. The parliamentarian said that they should acted after the end of the war in May, 2009. Unfortunately, they failed to effectively use the Provincial Council framework to consolidate their political position and advance further, thereby earning the confidence of both India and successive Sinhala-majority governments, MP Ganeshan said.

Responding to another query, MP Ganeshan said: “

We should keep the ethnic issue separate from bilateral relations with India, while deepening economic connectivity and cooperation on the basis of mutual benefit and a win-win partnership.”

By Shamindra Ferdinando

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US boost for SLAF

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Helicopters from the US. (Pic courtesy SLAF)

Sri Lanka has taken delivery of 10 TH-57 ‘Sea Ranger’ multi-role helicopters provided by the United States of America to the Sri Lanka Air Force. Air Forces headquarters said that the helicopters arrived here by sea.

The SLAF has said: “The arrival of these aircraft marks a significant milestone in the longstanding defence cooperation between Sri Lanka and the United States and represents a valuable contribution towards enhancing the operational and training capabilities of the Sri Lanka Air Force.

“The helicopters are currently undergoing configurations and technical preparations at SLAF Base Ratmalana. Following the completion of requisite inspections, acceptance procedures and test flights, the aircraft will be inducted into service and deployed for operational duties.

“The TH-57 fleet is expected to significantly strengthen the Air Force’s aviation training capacity while enhancing the ability to support a broad spectrum of national requirements. The aircraft will primarily be employed for pilot training, humanitarian assistance and disaster response (HADR) operations, search and rescue (SAR) missions and other public service commitments undertaken by the Sri Lanka Air Force.”

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TPA demands House committee to probe Tilvin’s claim PC polls cannot be held due to fund constraints

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Harsha

Referring to the recent declaration made by JVP General Secretary Tilvin Silva that the Provincial Council elections couldn’t be held this year as funds allocated for that purpose were utilised to provide Ditwah cyclone relief, Tamil Progressive Front (TPA) leader Mano Ganeshan, MP, has asked Dr. Harsha de Silva, MP Chairman, Committee on Public Finance, to inquire into the issue at hand and take action deemed appropriate.

The text of MP Ganeshan’s letter: “I write with reference to a statement reportedly made by Tilvin Silva, General Secretary of the Janatha Vimukthi Peramuna (JVP), the principal constituent party of the National People’s Power (NPP) Government.

According to media reports, Silva stated, in substance, that funds allocated and set aside for the conduct of Provincial Council Elections had been utilised by the Government for disaster-rebuilding and related purposes.

While he is reported to have made further remarks, I confine my attention to the above statement, which raises a serious matter concerning public finance and parliamentary oversight.

To the best of my knowledge, Parliament has not approved any transfer or reallocation of funds, earmarked for Provincial Council Elections, to any other expenditure head or purpose. If the statement, attributed to Mr. de Silva, is accurate, it may indicate that such funds have been utilised without the requisite parliamentary authorisation.

In view of the above, I respectfully request that the Committee on Public Finance inquire into this matter and ascertain whether any transfer, reallocation, or expenditure of funds allocated for Provincial Council Elections has occurred in a manner inconsistent with parliamentary approval and financial regulations.

I would be grateful if the Committee could examine the facts and take any action deemed appropriate within its mandate.”

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