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Refusal of funds for LG polls: SJB to move SC against Treasury chief

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The SJB yesterday (19) said that the Supreme Court (SC) would be moved against Treasury Secretary Mahinda Siriwardana for refusing funds for the conduct of the local government elections. A party spokesperson told The Island, on behalf of SJB General Secretary and MP Ranjith Madduma Bandara, that Attorney-at-Law Sampath Wijewardena had informed Siriwardena of his party’s decision.

The following is the text of Wijewardena’s letter to Siriwardana in respect of SC FR 69/2023:

“As you are aware the above case was taken up for support on the 3rd March 2023

wherein you the “Frist Respondent, were represented by Senior Additional Solicitor General Priyantha Nawanna, PC, before a bench of three Judges of the Supreme Court. After lengthy submissions of all counsel appearing for the Petitioner, the Election Commission and you as the Secretary to the Treasury, leave to proceed with the said application was granted and further it was ordered to grant and issue the interim orders as per prayers (i) & (j) of the Petition as referred to below: i) “issue an interim order, restraining and/or preventing the 01st and/or 02nd (i.e. Honourable Minister of Defence, Finance, Economic Stabilization, National Policies, Technology, Investment Promotion, Women, Child Affairs and Social Empowerment represented by the Honourable Attorney-General) Respondents and their servants and agents and any other state functionary from withholding any funds allocated by the Activity Budget Estimates for the fiscal year of 2023 and/or the Budget for the year 2023 for the purpose of conducting Local Government Polls 2023 until the final determination of this Application, subject to such terms, if any, as to Your Lordships ’Court sees fit; j) issue an interim order, restraining and/or preventing the 01st and/or 02nd (i.e. Honourable Minister of Defence, Finance, Economic Stabilization, National Policies, Technology, Investment Promotion, Women, Child Affairs and Social Empowerment represented by the Honourable Attorney-General) Respondents and their servants and agents and any other state functionary from withholding any funds allocated by the Activity Budget Estimates for the fiscal year of 2023 and/or the Budget for the year 2023 for the purpose of conducting Local Government Polls 2023, from the 08th Respondent, until the final determination of this Application, subject to such terms, if any”

“As I am instructed, consequent to the said orders the Election Commission has written to you on the 07th  March 2023 with reference to the said interim orders issued in SC FR 69/2023, urging you to release funds for the holding of the Local Government Elections on a staggered basis commencing from the 14th March 2023 by releasing Rs 100 Million as the first installment.

“I am instructed that you have replied the said letter on the same day and informed the Election Commission that you are unable to release funds for the said Local Government Elections, due to a Cabinet Decision that has been taken on the 13.02.2023, and you have further informed that you have sought the approval of the Hon. Minister of Finance for the release of funds. Thereby, you have failed to release the first installment of Rs 100 Million that was due on the 14th March 2023.

“You are also aware that the second Respondent in the said case is the Hon. Attorney General representing the Hon. Minister of Finance and the interim orders as referred to above are applicable to the Hon. Minister of Finance as well.

“As I am instructed, you have filed an Affidavit through your Attorneys in SC FR 69/2023 and submitted to the Court the details relating to the said Cabinet Decision and thereby your inability to release funds for the holding of the Local Government Elections. The Counsel appearing on your behalf was heard exhaustively on this matter. The Learned Judges of the Supreme Court having heard all the submissions of all the parties issued the interim orders as referred to above. The Counsel appearing on your behalf took notice of the orders that were made in Court.

“Therefore, you are acting in manifest violation of the Orders of the Apex Court of the country and committed the offense of Contempt of the Supreme Court punishable under Article 105 of the Constitution of the Democratic Socialist Republic of Sri Lanka.

“You are hereby notified that you will be charged for the offense of Contempt of Court. All rights of the Petitioner are hereby reserved.”



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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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