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Manohara, others warn of inherent dangers of 13-A

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‘That legislation in its entirety is illegal and contrary to the unitary status –Gen Dias

By Shamindra Ferdinando

The full implementation of the 13th Amendment to the Constitution portends massive risks and, therefore, those political parties and alliance seeking to woo Tamil speaking voters should be wary of the threat to the country’s unitary status, top constitutional lawyer Manohara de Silva said yesterday.

The President’s Counsel was commenting on Samagi Jana Balawegaya (SJB) and Opposition Leader Sajith Premadasa’s recent declaration in Kilinochchi that the 13th Amendment would be implemented.

President Ranil Wickremesinghe and Jathika Jana Balawegaya (JJB), too, have declared their intention to fully implement the 13th Amendment in line with their overall bid to reach consensus with the Tamil National Alliance (TNA).

Pointing out that discussions on the 13th Amendment often centred on the need to grant land and police powers to the provinces, de Silva said that ancient and historical monuments and records, agriculture, irrigation, education, roads, as well as housing, come within the Provincial Council list.

The ruling Sri Lanka Podujana Peramuna (SLPP) is yet to state its position, officially, though about a year ago that party questioned the rationale in the incumbent President declaring his intention to fully implement the 13th Amendment against the backdrop of all previous Presidents having declined to do so.

Political parties shouldn’t, under any circumstance, forget that the concurrent list that included land acquisition, registration of births, renaming of villages, festivals (LTTE commemoration possible), archaeological sites, religious institutions are within the legislative and executive competence of Provincial Councils, the PC said.

When The Island pointed out that the Parliament could intervene to thwart threatening moves on the part of Provincial Councils, the Executive Committee member of the National Joint Committee emphasized that those who reached electoral agreements with the TNA wouldn’t be able to resist the coalition partner.

“Do you really think that the SJB leader, or any other presidential poll candidate, will be allowed, by coalition partners, to override the Provincial Council legislation on the concurrent list,” de Silva asked.

The outspoken lawyer pointed out that former Speaker and Deputy Leader of the UNP Karu Jayasuriya, in his current capacity as the Chairman of the National Movement of Social Justice (NMSJ) and the UK-headquartered Global Tamil Forum (GTF) have declared their support for the SJB’s position.

De Silva said that close on the heels of parliamentarian M.A. Sumanthiran, on behalf of the TNA, publicly regretting its decision to boycott the 2005 Presidential Polls, as directed by the LTTE – a contentious move that deprived Ranil Wickremesinghe of certain victory – Premadasa and JVP Leader Anura Kumara Dissanayake met the TNA leadership on Monday (10) and Tuesday (11), respectively.

The TNA parliamentary group consists of 10 MPs. In parliament, the TNA group is recognized as Illankai Thamil Arasu Kadchchi (ITAK).

De Silva said it would be interesting to see whether President Wickremesinghe, SJB leader Premadasa and JJB leader Dissanayake seek the support of other political parties representing the Northern and Eastern Provinces.

The other Tamil parties are the EPDP (two MPs), AITC (two), TMVP, TMTK (one). Of them, the EPDP and TMVP represent the Wickremesinghe-Rajapaksa government.

Retired General Jagath Dias who had been quite critical, recently, of the moves to fully implement the contentious piece of legislation, told The Island that though the right of political parties to engage in negotiations should be respected they couldn’t, under any circumstances, pursue an agenda inimical to national interests.

“There is absolutely no ambiguity. The 13th Amendment, forced on us by India under the Indo-Lanka Accord signed on July 29, 1987, in its entirety is illegal and contrary to our unitary status. That is the truth,” the war veteran said.

Having served the Army for over 35 years, Dias retired in Dec 2015 as the Chief of Staff. During Eelam War IV (August 2006-May 2009), Dias commanded the 57 Division that was tasked to liberate Kilinochchi.

Recalling the circumstances the 13th Amendment had been enacted, just months after India thwarted ‘Operation Liberation’ intended to clear the Jaffna peninsula of the LTTE, the former combat officer said that the piece of legislation should be constitutionally done away with.

Giving into unjust political demands made by the TNA/ITAK and trying to appease its Indian masters should be considered as a treacherous act, the Gajaba Regiment veteran said. Dias regretted that even 15 years after the eradication of separatist terrorism, the Parliament hadn’t taken into consideration post-war ground realities when addressing, what he called, the North East issues.

Both Manohara de Silva and Jagath Dias emphasized that the Eastern Province couldn’t be merged with the Northern Province just to appease those who still harboured separatist sentiments.

The Supreme Court in Oct 2006 declared that the merger of the two provinces, in line with the Indo-Lanka Accord, was defective and invalid.

The President’s Counsel said that the country’s unitary status, that had been preserved at a tremendous, cost couldn’t be abolished. Referring to recent reports of some group distributing leaflets in the North demanding that the Tamil electorate boycott the Presidential Poll, scheduled to be conducted later this year, until the unitary status is done away with, de Silva said those who genuinely value the eradication of the LTTE conventional fighting capacity should take a collective stand as regards the 13th Amendment.



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PSTA worse than PTA: FSP

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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.

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Shiranthi R remanded until 13 Oct.

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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.

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Former NSB Chairman Kariyawasam granted bail

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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.

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