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Prof. Peiris warns Pub. Administration Secy. of three-year jail term

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Govt defeat at LG polls certain, early general election inevitable

By Shamindra Ferdinando

Breakaway SLPP group Nidahasa Janatha Sabhawa says a general election is inevitable early this year. Top rebel group spokesperson Prof. G.L. Peiris, MP, on Monday (16) asserted that the Wickremesinghe-Rajapaksa government was trying to postpone Local Government polls scheduled for Feb-March, somehow, as it realized continuation of current arrangement wouldn’t be possible in the wake of certain defeat at the forthcoming polls.

Addressing the media at their Nawala Office, the former External Affairs Minister said that the parliamentary majority the ruling coalition still enjoyed didn’t reflect the actual situation on the ground.

In spite of UNP leader Ranil Wickremesinghe being elected by parliament on July 20, 2022 to complete the remainder of Gotabaya Rajapaksa’s five year term, contentious issues, such as the resolution of the national issue couldn’t be addressed by an administration that didn’t have a popular mandate.

The parliamentary approval for 2023 budget received on Dec 08, 2022 too hadn’t given Wickremesinghe’s government confidence to face the electorate at the LG polls, Prof. Peiris said. Therefore, the government ‘s reluctance to face LG polls meant that it was not in a position to contest general election, Prof. Peiris said, predicting mini poll would be followed by general election within 3-4 months.

Referring to Supreme Court taking up two fundamental rights petitions filed by Opposition political parties, tomorrow (Jan. 18), Prof. Peiris said that the government couldn’t reverse the electoral process now.

Prof. Peiris said that the declaration made by EC pertaining to the acceptance of nominations from Jan 18-21 meant ongoing government efforts to put off LG polls couldn’t succeed, under any circumstances.

Demanding that Attorney General Sanjay Rajaratnam, PC, take appropriate measures against Public Administration Secretary Neal Bandara Hapuhinna for trying to halt the electoral process, Prof Peiris said the Opposition wouldn’t hesitate to move court against the concerned official in case the AG failed to do what was expected of him.

President Wickremesinghe brought in Hapuhinna as Public Administration Secretary in place of Priyantha Mayadunne.

The National List MP said that Hapuhinna couldn’t absolve himself of the responsibility for interfering in the process by claiming he acted on the instructions of the Cabinet-of-Ministers. The rebel MP warned that Hapuhinna’s offense carried a three year jail sentence.

Hapuhinna on Jan. 10 directed District Secretaries not to accept deposits. He withdrew the orders within hours in the face of unwavering stand taken by the EC.

Prof. Peiris emphasized that the executive or the Cabinet of Ministers couldn’t interfere with the electoral process. Declaring that Hapuhinna was personally responsible for the illegal directive issued by him, Prof. Peiris pointed out how the recent Supreme Court judgment pertaining to 2019 Easter Sunday carnage held the accused personally responsible for the lapses that caused death and destruction.

Prof. Peiris warned Hapuhinna of dire consequences unless he tendered a proper apology to court.

The former minister scoffed at the ongoing attempt to justify the postponement of LG polls on the basis of insufficient funds as required financial allocation had been made in budget 2023. The projected government expenditure had been estimated at Rs.5, 819 bn whereas the allocation for LG poll was Rs. 10 bn, or just 0.17 percent of the total expenditure.

Commenting on recent statements that had been attributed to the EC, Prof. Peiris said that actually the poll could be conducted at a lower cost to the taxpayer.

The SLPP National List MP alleged that the recent claim the IMF asked the government to stop printing money therefore it was not in a position to meet even the basic requirements was a transparent bid to deceive the public.

The lawmaker challenged the government to table staff level agreement between the government and the IMF reached on Sept. 01, 2022. “In spite of repeated requests, the government didn’t submit the agreement,” Prof. Peiris said, questioning the validity of the often repeated claim the government couldn’t print money in terms of the said agreement.

If so, the government owed an explanation as to how as much as Rs 278 bn had been printed between Oct 1, 2022 and Dec 31, 2022, the former minister said.

Asserting that interest rates had been increased extraordinarily last year, during April 01-Dec 31, 2022 period, a staggering Rs 848 were paid as interests, the lawmaker said.

If the government is genuinely concerned about runaway expenditure, State Ministries could be abolished, Prof. Peiris said, asking whether the powers intended to fill the remaining 12 vacancies in the cabinet.

The postponement of LG polls for whatever reason could have a detrimental impact with the IMF loan facility, the ex-minister warned.



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INS Airavat makes port call in Colombo

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The Indian Naval Ship (INS) Airavat arrived at the Port of Colombo for Operational Turnaround on 01 Jun 26. The visiting ship was welcomed by the Sri Lanka Navy (SLN) in compliance with time-noured naval traditions.

INS Airavat is a Landing Ship Tank, commanded by Commander IP Patil.

During their stay in the island, the ship’s crew is scheduled to take part in a series of professionally enriching events and camaraderie-building programmes organised by the Sri Lanka Navy.

The Indian naval personnel will also tour several historic and prominent tourist attractions across the country before the ship concludes her deployment.

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BASL asks govt. to abandon plan to raise retirement ages of CA and SC judges

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… tells Prez such arbitrary change neither necessary nor desirable

The Bar Association of Sri Lanka (BASL) has urged President Anura Kumara Dissanayake to abandon the controversial plan to increase the retirement age of the judiciary, including the Court of Appeal and the Supreme Court.

In a statement issued by the BASL President Rajeev Amarasuriya and its Secretary Nalin de Silva, the BASL pointed out that the proposed increase of the retirement age of the judiciary would undermine the independence, integrity, dignity, and public confidence in the Judiciary, which is essential for the maintenance of the Rule of Law and democratic governance in Sri Lanka.

The text of the BASL statement: “The Bar Association of Sri Lanka (hereinafter referred to as “BASL”) notes with grave concern reports in the public domain that the Government is considering the introduction of an amendment to the Constitution to increase the age of retirement of Judges of the Court of Appeal and the Supreme Court.

It is the considered view of the BASL that the age of retirement of the judges of the Court of Appeal and the Supreme Court which has stood at 63 years and 65 years respectively from the promulgation of the 1978 Constitution, should not be changed arbitrarily and that such a change is neither necessary nor desirable.

To do so will result in the loss of public confidence in the integrity of the legal system and of the Government’s commitment to preserve and protect the rule of law and the independence of the judiciary. Members of the public are likely to question the motives of the Government in bringing in a Constitutional amendment solely for this purpose.

Your Excellency is no doubt aware that the cadre of the Judges of the Court of Appeal was increased from 12 to 20 Judges (including the President of the Court of Appeal) and that of the Supreme Court from 11 to 17 Judges (including the Chief Justice) by the 20th Amendment to the constitution certified on 29th of October 2020. With such enhancement, workwise, there cannot be a real requirement to extend the retirement ages of these judges.

Your Excellency is aware that altering the retirement age of judges of the apex courts would have to be done through a Constitutional amendment. For many years Sri Lanka’s Constitution has been subject to ad hoc amendments, sometimes in order to cater to the political needs of the government in power and often contrary to the interests of the rule of law, the independence of the judiciary and the judiciary.

Extending the retirement age of the sitting Judges of these Courts at this point of time is likely to be viewed by the public as a blatant attempt to interfere with the judiciary. We believe that to go ahead with such an ad hoc move will also be an affront to the Honourable Judges of those courts.

If the Government goes ahead with such a move it will set a dangerous precedent for future Governments too to introduce ad hoc amendments to the Constitution in respect of the functions of the Judiciary.

The independence of the Judiciary and the public confidence reposed in it, are indispensable pillars of the Rule of Law and the democratic framework of our Republic. In that regard, it is of paramount importance that the Judiciary must not only remain independent in fact, but must also be seen by the public to be wholly independent, impartial, and free from even the slightest perception of influence, favour, accommodation, or impropriety.

The Bar Association of Sri Lanka is therefore constrained, in the discharge of its duty to uphold and safeguard the Rule of Law and the independence of the Judiciary, to respectfully express its serious concern regarding any such proposed amendment, which is neither in the interests of the Judiciary and nor of the people.

In the circumstances, the BASL respectfully urges Your Excellency not to proceed with any proposed constitutional amendment seeking to increase the retirement age of the members of the Judiciary including Judges of the Court of Appeal and the Supreme Court.

We remain confident that Your Excellency will give due consideration to the importance of preserving and protecting the independence, integrity, dignity, and public confidence in the Judiciary, which is essential to the maintenance of the Rule of Law and democratic governance in Sri Lanka.”

Govt. declines to respond

A member of the Cabinet yesterday declined to comment on the BASL’s letter to President Anura Kumara Dissanayake. The Minister said that he wouldn’t comment for the time being.

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New US tariffs proposed on 60 countries, including Sri Lanka

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12.5% additional duties on goods imported from Colombo

The US has proposed additional duties of 10% or 12.5% on imports from 60 economies, including Sri Lanka, over their alleged failure to curb trade in ‌goods made with forced labour.

The proposal made by US Trade Representative’s (USTR) office in terms of Section 301 unfair trade practices investigation to be released, news agencies reported, pointing out that the Trump administration was seeking to rebuild its emergency tariffs, which were struck down by a US Supreme Court decision in February.

The USTR said it determined that it would impose 10% duties related to ⁠the forced labour investigation on imports from Canada, Ecuador, the European Union, Indonesia, Mexico, Pakistan, Argentina, Bangladesh, Cambodia, El Salvador, Guatemala, Indonesia, Malaysia, Taiwan and Britain.

The trade agency said it would impose additional duties of 12.5% on the remaining 45 countries that were investigated.

“The failure of our most important trading partners to address the importation of goods made with forced labour is unacceptable,” US Trade Representative Jamieson Greer said in a statement. “This creates a dynamic where American workers are forced to compete globally on an unlevel playing field.”

According to the trade agency, the USTR found that Sri Lanka has failed to impose and effectively enforce a forced labour import prohibition.

The USTR noted that the results of its investigation indicate that the acts, policies and practices of Sri Lanka related to the failure to impose and effectively enforce a forced labour import prohibition are unreasonable and burden or restrict US commerce.

Accordingly, it has proposed to impose 12.5% additional duties on goods imported from Sri Lanka.

The USTR said it also was proposing a textile mechanism that would allow for a certain volume of apparel and textile imports ‌to ⁠enter the US at a reduced tariff rate, though the duties and volumes were not disclosed.

The announcement comes ahead of the July 24 expiration of a 10% temporary tariff imposed by the Trump administration on February 20, the day the Supreme Court struck down US President Donald Trump’s tariffs under the International Emergency Economic Powers Act.

On Monday, the USTR proposed ⁠a 25% duty on many Brazilian goods as a result of a Section 301 investigation into the country’s digital trade practices and preferential tariffs. The trade agency is also expected to soon unveil the findings of another major Section 301 probe into ⁠the buildup of excess industrial capacity in 16 trading partners, including China.

In the forced labour findings, the USTR said it would exempt from the tariffs a number of products, including energy, rare earths and certain ⁠other metals, beef, coffee, certain fruits and vegetables, pharmaceuticals, organic chemicals and aircraft parts.

The USTR said it would accept public comments on the proposed tariffs and other remedies through July 6, with a public hearing scheduled for July 7.

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