News
Prof. Udagama raises alarm over possible govt. abuse of newly amended CPC
There are legitimate fears that the government will weaponise the increased fines for election-related offences, to harass their political opponents, Head of the Department of Law, University of Peradeniya, Prof. Deepika Udagama, told The Island.
The Code of Criminal Procedure (Amendment) Bill gazetted on 19 July 2024 has significantly increased fines related to election related offences.
The amendments to Section 169E have significantly increased fines for various election-related offenses. The fine for “bribery by treating” has been raised from 200 rupees to 750,000 rupees, and for “bribery in connection with an election,” it has increased from 500 rupees to 1,000,000 rupees. Similarly, Section 169F now imposes a higher fine for “undue influence at an election,” increasing it from 500 rupees to 100,000 rupees, while the fine for “personation at an election” has been raised from 300 rupees to 100,000 rupees.
“These changes were necessary because the existing laws were outdated, and the fines for election-related offenses were insignificant,” she said. “However, these new fines could be weaponised by the government against their opponents. The issue lies not with the law itself, but with its implementation. We need to closely monitor whether these laws are enforced in a politicised manner.”
Prof. Udagama noted that the government has recently pushed through several amendments to existing laws. She expressed serious concern over the hasty changes and the introduction of new laws with minimal deliberation.
Prof. Udagama mentioned that 22A was gazetted on July 18, 2024. She clarified that technically, the publication of the gazette has no legal impact on the upcoming presidential election.
“However,” she added, “this situation breeds mistrust and suspicion. It could create chaos if deliberations on 22A proceed and the court determines that it requires a referendum to become law. A referendum is also an election. Can we realistically hold two elections so close to each other? This raises the question: why did the government introduce 22A? Politically and legally, we see this as a mischievous act.”
Prof. Udagama noted that a few months ago, the General Secretary of the United National Party (UNP) suggested that the President should be granted a few additional years in office. She also mentioned that in the past two weeks, two individuals have filed fundamental rights petitions with the Supreme Court, urging a delay in the presidential election.
“The Supreme Court ordered the first petitioner to pay 100,000 rupees in legal costs. Recognizing this trend, the Court increased the legal costs for the second petitioner to 500,000 rupees. Amidst this, the government introduced 22A. It is evident to everyone that this a is part of a larger process,” she said.
“19A re-established the independent commissions, which can be powerful forces for good if they are staffed with independent and respected individuals. Among these, the Elections Commission holds a special significance,” she said.
“The government cannot conduct an election themselves since they are participants. Therefore, the Elections Commission serves as the backbone of the country’s democracy. There is public suspicion about why the commission is delaying the election announcement. Although the commission has provided several reasons for the delay, people need assurance that there are no external influences affecting its decisions,” she said.
Prof. Udagama expressed concerns about state administration regarding the way 22A was gazetted. She noted that the Bill was presented to the Cabinet by the President and the Minister of Justice. The Minister initially declared that 22A would not be gazetted until after the presidential election, but the President instructed the Bill to be gazetted the following day.
“A constitutional amendment is a serious matter. The way the Bill was gazetted suggests a lack of consensus within the government,” she said. Prof. Udagama highlighted that Sri Lankans believe it is the executive that decides which elections to hold.
“The President claimed there was no money for local council elections, so they couldn’t be held. Now, suddenly, we can hold the presidential election because Ranil Wickremesinghe says there is money. Election decisions should not depend on the whims of an individual. People now perceive the Elections Commission as being beholden to the President, and this is not a good sign,” she said. (RK)
Marking the completion of two years of the ‘Vision’ Programme, students from Pinnawala Central College and Matale Siri Seevali College were given an opportunity on Thursday (24) to visit the Presidential Secretariat.
The ‘Vision’ Programme was launched for schoolchildren jointly by the Presidential Secretariat, the Ministry of Education and the Department of Communication of the Parliament of Sri Lanka.
Following a visit to the former Parliament building at the Presidential Secretariat, the students were also briefed on the history of Parliament.
The role of the President’s Fund and its importance to schoolchildren were explained by Senior Additional Secretary to the President Roshan Gamage.
The ‘Vision’ commemorative book, featuring the two-year journey of the ‘Vision’ Programme and its special activities, was also presented to the participating schools.
As part of the programme, valuable plants were also presented to the schools as a symbolic gesture underscoring the importance of environmental conservation.
Director General of Public Relations Dharmasiri Gamage, the Director and Assistant Director of the Tri-Services Security Coordination Unit, the principals and teaching staff of Pinnawala Central College and Matale Siri Seevali College, and students were among those present on the occasion.
President’s Media Division (PMD)
Opposition and SJB Leader Sajith Premadasa yesterday vowed that an SJB government would repeal the 22nd Amendment (22A) to the Constitution.Premadasa made the pledge while addressing thousands of SJB supporters who gathered near Parliament to protest against 22A.
Addressing the rally at Polduwa Junction, Battaramulla, Premadasa said the proposed constitutional amendment would undermine democracy and judicial independence and enable the concentration of political power in the Executive.
“Even if they pass it, under an SJB government we will scrap it,” Premadasa told the gathering, claiming that 22A was aimed at paving the way for a one-party state and placing the State under the control of a single political party.
Braving the rain, Premadasa said they had gathered there peacefully and had no intention of resorting to violence.
“We have gathered here to protect democracy,” he said, challenging the government to hold Provincial Council elections if it was confident of facing the people.
Premadasa said the SJB was prepared to work with any democratic and clean political force committed to the country’s progress and public welfare, amid ongoing discussions on cooperation among Opposition parties, including the United National Party.
Premadasa also accused groups aligned with the government of attempting to discourage people from attending the protest through statements and other measures.
SJB General Secretary Ranjith Madduma Bandara said the protest had been organised against the proposed amendment, which the party had opposed on the grounds that it could pave the way for authoritarianism.
The demonstration began around 9 a.m. at Polduwa Junction and coincided with Parliament taking up the proposed 22nd Amendment for debate. Proceedings on the Bill are scheduled to continue today (25).
The Supreme Court has determined that the proposed amendment does not require approval at a referendum and could be passed with a special majority in Parliament.
Meanwhile, traffic congestion was reported on roads surrounding Parliament and Polduwa Junction following the demonstration.
Security was also tightened in and around the Parliamentary complex, with a heavy police presence observed at Polduwa Junction and near the main entrance to Parliament.
Two retired female Navy petty officers were ordered to be remanded until October 5 over their alleged involvement in the abduction and disappearance of two women in Trincomalee during the war.
Trincomalee Chief Magistrate M.S.M. Samsudeen yesterday ordered that the two suspects be remanded and directed that they be produced for an identification parade on October 5.
The suspects, residents of Chilaw and Haputale, were arrested after appearing before the CID in connection with another court case. They were subsequently produced before the Trincomalee Magistrate’s Court.
The court was informed that the investigation concerned the alleged abduction of Sasikumar Thenmoli and Mary Delsia, residents of Paalaiyootru, Trincomalee, on or around May 13, 2008.
The CID told court that information uncovered during its investigations indicated that the two women had allegedly been detained at an underground location known as the “Gun Site” at the Trincomalee Naval Base while the two suspects were serving in the Navy. The women were subsequently reported missing.
Further investigations into the alleged abduction and disappearance of the two women are continuing.
Lalit Rajbanshi, Kushal Bhurtel set up Nepal’s opening win
‘Vision’ Programme Marks Two Years
Costa Rica minister fired for unapproved meeting with Trump in US
At least 41 die as boat capsizes in DRC’s Lake Tanganyika
Showers will occur at times in the Western, Sabaragamuwa, Southern, Central and North-western provinces
Sajith vows to scrap 22A under future govt.
‘Dates have the highest sugar content to fight Coronavirus’
Sunday Island 27 December – Headlines
#SundayIsland 17th December – Headlines
Sunday Island – 28th March
Sunday Island Headlines – 21 March
Sunday Island – 21st February – Headlines
-
News7 days agoShanakiyan urges urgent action over reported death sentence for Lankan in Saudi Arabia
-
News6 days agoNamal Rajapaksa Buddhist gambit fails, bail denied
-
Features6 days agoWhy the spelling Sri Lankan names in English vary
-
Features6 days agoThree bands, a new identity: Sri Lankan wolf snake recognised as distinct species
-
Business6 days agoSLIIT holds largest-ever convocation
-
News6 days agoVehicle prices drop by up to Rs. 1 mn, says importers’ body
-
News6 days agoGovt monitors reported Saudi death sentence – Foreign Ministry
-
Business6 days agoAll-new Bolero MaXX Pik-Up unveiled in Lanka