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Kiriella insists it’s prerogative of Speaker to bring Ranjan from prison to Parliament

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By Saman Indrajith

Chief Opposition Whip and Kandy District MP Lakshman Kiriella yesterday told Parliament that it was the prerogative of the Speaker to bring MP Ranjan Ramanayake or not.

 Raising a point of order, MP Kiriella said that neither the court nor the Department of the Attorney General could intervene in the matter and asked the Speaker to summon MP Ramanayake to Parliament.

 “The Appeal Court, in the matter of MP Premalal Jayasekera, said that it was the duty of the Speaker to allow or disallow an MP to sit in Parliament. It said that the court had no powers in that matter. Anura Bandaranaike, as the Speaker, once clearly stated that the court could not intervene in parliamentary affairs. Similarly, during the tenure of Chamal Rajapaksa as the Speaker, the court gave a ruling to stop the impeachment against Shirani Bandaranayake but the Speaker did not stop it on the same ground that the court could not intervene in the affairs of Parliament. Therefore, the Speaker is the one who should make the final decision in this regard.

“The Speaker has made a statement that if the Attorney General and Court permitted him to bring MP Ramanayake to Parliament, he would do so. When he tried to bring Premalal Jayasekera, the Attorney General objected, but the Speaker went ahead using his powers and allowed Jayasekera to attend Parliament. That means the Speaker has the powers, and, therefore, I request hims bring MP Ramanayake to parliament.

Opposition Leader Sajith Premadasa said that MP Ramanayake had been sentenced to jail for contempt of court and soon after that the Chairman of Elections Commission had stated that Ramanayake’s parliament seat might go vacant only if he continued to be in jail for over six months.

“According to that statement, Ramanayake still is an MP and he should be allowed to attend Parliament. He has that right under the privileges of an MP. As per legal experts, the sections 66, 89, 91 and 105 have ensured that he is still an MP. The Speaker is duty bound to ensure the rights and privileges of MPs so he is expected to take action to facilitate MP Ramanayake’s coming to parliament,” Opposition Leader Premadasa said.

TNA MP M.A. Sumanthiran: “I want to flag several points in this regard. Before doing so, I am bound by the law and tradition to disclose my interest in the matter as the counsel who appeared for Ranjan Ramanayake in his case at the Supreme Court. I was privileged to appear for a clean and honest politician in court and I am proud of that. Nevertheless, he has been convicted and sentenced. The sentence of four years rigorous imprisonment is unprecedented and exceptionally severe. Parliament has a responsibility in this regard because we have not enacted a law for contempt of court. This has an implication to the Articles in the Constitution the Opposition Leader has just mentioned because it says for an offence for which the prescribed punishment is two years or more. There is nothing prescribed in the law, for parliament has failed to enact laws for contempt of court. Although there have been in the public realm a lot of instances where even drafts had been made we have not done that. By failing to do that, it has been something like freedom of the wild ass anything can be given as a sentence. That is not a good thing. In this case, Parliament has to take steps to enact a law. English law is to be substantive law because we do not have statute law now, and in English law itself scandalizing the court is no longer an offence of contempt of court. Unfortunately the court disregarded it. I like to bring to your notice a serious lacuna in the law with regard to statute for contempt of court in this unprecedented injustice to an honest member of parliament.”

Minister Mahindananda Aluthgamage:  Sumanthiran is the one who put Ramanayake in trouble by instructing him to go to the Supreme Court. You did not even go to the court when he was sentenced. Not a single MP was there to support Ranjan. If another lawyer had appeared for Ranjan Ramanayake he would have walked free today. Ramanayake did not have a counsel on that day.  We all are saddened by the predicament Ranjan Ramanayake is in today. I have filed two cases against him and next week I will withdraw them by filing two motions because if those cases would be heard to an end, Ramanayake may get four more years in prison. We stand for MPs’ rights, but do not forget Ramanayake denigrated and continued to humiliate the judiciary. The Speaker should consider that the ruling to imprison Ramanayake was given by the Supreme Court.

MP Premalal Jayasekera: I was imprisoned by a High Court. We have records that one of the MPs had been told by the then Justice Minister that I would be sent to gallows. She had said the same to one of the chairmen of an institute. Therefore, I appealed against the judgment handed down to me. However, the ruling given to MP Ramanayake is not by a High Court but by the Supreme Court – the highest and apex court of the country. He has no court to go above that.

State Minister Nimal Lanza said that Ramanayake had humiliated and denigrated all, not only parliament, judiciary, police but all. “Ramanayake is in the same plight as the proverbial woodpecker that finally pecked on the banana tree. MP Sumanthiran should have pointed out those laws at the court not here.”

Justice Minister Ali Sabry: “We regret punishment MP Ramanayake received. The Opposition Leader cited Section 89 of the Constitution. The sub section 4 of section 89 clearly states that no person shall be qualified to be an elector at an election of the President, or of the Members of Parliament or to vote at any Referendum, if he is subject to the following disqualification. That is if he is serving or has during the period of seven years immediately preceding completed serving of a sentence of imprisonment (by whatever name called) for a term not less than six months imposed after conviction by any court for an offence punishable with imprisonment for a term not less than two years or is under sentence of death or is serving or has during the period of seven years immediately preceding completed the serving of a sentence of imprisonment for a term not less than six months awarded in lieu of execution of such sentence, provided that if any person disqualified under this paragraph is granted a free pardon such disqualification shall cease from the date on which the pardon is granted. So it is clear that Ramanayake is presently serving. This is different from the case of Premalal Jayasekera. The Supreme Court is the apex court of the country and since 1972 we cannot refer its decisions to another court for reversal.  So no appeal is pending.” 



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Complaint of custodial deaths and torture submitted to UN

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Senaka and Aisha

The Committee for Protecting Rights of Prisoners (CPRP) has complained to the UN regarding custodial deaths.

Executive Director of the Committee, Attorney-at-Law Senaka Perera told The Island that they had submitted written submissions to the visiting UN Subcommittee on Prevention of Torture (SPT) on Monday (15). “We are confident that they’ll take up the issues at hand with the government and take tangible measures to improve the conditions in prisons and detention facilities,” Perera said.

The SPT is here from 15 to 24 June. The visiting delegation consists of Aisha Shujune Muhammad, Head of Delegation (Maldives), Jakub Julian Czepek (Poland), Nika Kvaratskhelia (Georgia), Anica Tomsic (Croatia) and two human rights officers from the Office of the High Commissioner for Human Rights.

Claiming that there had been 184 prison deaths in 2024, the Committee asserted that though there was a drop in the number of cases, the deaths caused by underlying health complications and systemic issues weren’t available at the moment.

According to a copy of the submissions made to the SPT, received by The Island, there had been seven custodial deaths this year alone, reported from various parts of the country.

The Committee took a very critical position, while Foreign Minister Vijitha Herath assured the visiting delegation that the government didn’t tolerate torture at all.

The Ministry statement Monday night quoted Herath as having described the government response as zero tolerance policy.

The Committee for Protecting Rights of Prisoners also dealt with several other contentious issues, including special treatment granted to those with political connections and privileged backgrounds. Perera alleged that in spite of a change of government, in 2024 September, the much anticipated improvements failed to materialise and the continuing custodial deaths highlighted the crisis in the prisons and detention facilities.

According to the Committee, the situation was so bad and further deteriorating in overcrowded prisons, the national overcrowding rate has reached an unsustainable 286.6%, with some facilities, like the Vavuniya Remand Prison, exceeding capacity by 300%.

A significant portion of this population (65.4%) consists of persons not convicted awaiting trial, the Committee said, urging the SPT to look into the pathetic situation.

The Committee also complained of torture and ill-treatment at some detention facilities. There had been cases of lawyers, visiting detention centres at Welisara and Boossa, been subjected to degrading and humiliating searches, including forced removal of clothing.

The Committee also brought to the SPT’s notice how the Supreme Court, on 14 December, 2023, held the former Inspector General of Police (IGP), Deshabandu Thennakoon, personally responsible for torture. The failure on the part of prison authorities to grant inmates a fair hearing during internal investigations, too, has been raised by the Committee.

Among the other issues that had been raised were enforced disappearances, health and medical conditions, food, water and sanitation, corporal punishments and the operation of detention facilities within military bases.

Referring to the enforced disappearance of Gonapinuwala Kapila Kumara de Silva on 27 March, 2024, the Committee alleged that the Attorney General failed to take action against the perpetrators, believed to be members of the Special Task Force (STF)

The Committee alleged that in spite of them submitting formal complaints and an urgent letter to the Attorney General demanding prosecution under the International Convention for the Protection of All Persons from Enforced Disappearances Act, No. 5 of 2018, the AG took no meaningful action.

Consequently, CPRP filed a Writ of Mandamus petition in the Court of Appeal (CA/WRIT/185/26) against the Attorney General and other officials, seeking judicial intervention to compel investigation and prosecution. The case remains pending

by Shamindra Ferdinando

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India provides military stores worth USD 5.5 mn to SL

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Responding to Sri Lanka’s request, India has approved military stores worth USD 5.5 million to Sri Lanka Army on gratis basis from Indian Army’s operational stocks.

The IHC spokesperson said: “The Sri Lanka Army faced shortage of these military stores, thereby affecting its operational preparedness. The Government of India agreed to meet this urgent requirement within a month and it also agreed to transship these stores onboard Indian Naval Ship Sharda, which was specially detailed to transport these stores to Colombo on gratis basis. The handing over ceremony was attended by H.E. Santosh Jha, High Commissioner of India, Colombo, Air Vice Marshal SampathThuyacontha (Retd), Secretary Defence, Government of Sri Lanka and Lt Gen Lasantha Rodrigo, Commander of the Sri Lanka Army.”

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India promotes INR-LKR settlement mechanism

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High Commissioner Jha and Central Bank Governor Dr. Nandalal Weerasinghe at the Colombo roundtable (pic courtesy IHC)

Central Bank Governor Dr. Nandalal Weerasinghe on Monday (15) outlined the recent policy measures undertaken to strengthen the financial framework supporting INR-LKR transactions and emphasized the need to strengthen trade and investment linkages between both countries.

Dr. Weerasinghe said so in his keynote opening remarks at a roundtable on “Rupee to Rupee Strengthening the India-Sri Lanka Commercial Corridor” held in Colombo.

The High Commission of India in Sri Lanka organised the roundtable that brought together senior representatives from government institutions, banking and financial sector organisations, industry leaders, importers, exporters, and business stakeholders from both countries to discuss opportunities for deepening India-Sri Lanka economic and commercial engagement through enhanced use of local currencies.

The Roundtable commenced with welcome remarks by Indian High Commissioner to Sri Lanka Santosh Jha, who highlighted the growing economic partnership between India and Sri Lanka and underscored the importance of local currency settlement mechanisms in facilitating bilateral trade, investment and financial connectivity.

Presentations were subsequently made by State Bank of India and Indian Bank, focusing on the operational aspects of INR-LKR trade settlements, available banking solutions, and recent policy guidelines permitting the disbursement of Indian Rupee-denominated loans through Authorised Dealer Banks in Sri Lanka.

A dedicated industry panel brought together leading voices from Sri Lanka’s banking and corporate sectors, including representatives from Commercial Bank, Seylan Bank, Standard Chartered Bank, AMW, DHT Cement, Lanka Spin Pvt. Ltd., Nithya Paper and Boards Lanka Pvt. Ltd.

Representatives shared practical experiences, benefits, challenges and opportunities related to the use of local currencies in trade and investment transactions, and explored pathways for further strengthening the commercial corridor between India and Sri Lanka.

Discussions during the Roundtable highlighted the growing acceptance of the INR-LKR settlement mechanism and its potential to facilitate smoother cross-border transactions, improve liquidity management, lower transaction costs, and enhance resilience in bilateral trade. Participants also emphasized the need for continued awareness-building, stronger banking linkages, and greater private sector participation to unlock the full potential of local currency settlements.

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