News
SC grants Assad Sally leave to proceed with FR petition challenging his detention
By Chitra Weerarathne
The Supreme Court on Monday (11) granted leave to proceed with the fundamental rights violation petition filed by Assad Sally.
Arguments were fixed for December 15.
Leave was granted on the alleged unequal treatment, alleged illegal arrest and illegal detention at the inception.
Deputy Solicitor General Dileepa Pieris, yesterday, told the Supreme Court that Assad Sally had been indicted in respect of comments he had made at a Press Conference on March 9, 2021. Sally had said that he respected only the Muslim law and not laws of the state of Sri Lanka. The indictment is dated July 26, 2021. Sally is indicted under the Prevention of Terrorism Act.
Sally was arrested on March 18, 2021.
President’s Counsel Faiz Mustapha, who appeared for Sally said that the contents of what Sally said had been taken out of context and edited.
Mustapha PC, was supporting the Fundamental Rights Violation petition filed by Assad Sally. The statements taken out of context were telecast. Persons who were in the audience at the Press Conference, had not complained.
The fundamental rights violation petition said that the arrest was unlawful, and Sally should be released.
Assad Sally is a former Governor of the Western Province. He is the leader of the Muslim Makkal Congress.
Counsel Mustapha said that Sally had exercised his right to freedom of speech at this Press Conference, held in Colombo. Sally had been arrested by the CID.
Faiz Mustapha added that there was no authorisation in the ‘B report’ to arrest Sally. B-report only refers to advice given by the Attorney General.
Mustapha, PC said that investigation reports said that Sally was not involved in the Easter Sunday attack as suspected. He was not involved in the destruction of the Mawanella Buddha statue, as alleged earlier. Police had reported the same to the Magistrate, he added.
The arrest was prima facie illegal Mustapha PC argued.
The bench comprised Chief Justice Jayantha Jayasuriya, Justice S. Thurairajah and Justice Yassantha Kodagoda.
News
US$ 2.5 mn cyber heist exposes system failures
COPF final report on USD 2.5 mn cyber fraud recommends action against all responsible
The US$2.5 million loss incurred during Sri Lanka’s foreign debt repayment to Australia was a clear case of a cybercrime and theft, Committee on Public Finance (COPF) Chairman Dr. Harsha de Silva told Parliament yesterday.
Presenting the COPF final report on the cyber fraud, Dr. de Silva said the incident amounted to a serious financial crime and called for a comprehensive investigation, by law enforcement authorities, to identify and prosecute all those responsible.
The report revealed serious governance, procedural and operational failures that enabled the fraudulent transfer of public funds, while recommending sweeping reforms to strengthen cybersecurity, financial controls and public debt management systems.
According to the report, officials of the Treasury and the Central Bank bore responsibility for governance lapses that contributed to the failures. It also highlighted the fact that the Ministry of Finance was operating an outdated Microsoft Exchange Server after security support had ended, while basic safeguards, such as multi-factor authentication, had not been implemented.
The COPF said suspicious payment instructions linked to debt repayments involving India, the United Kingdom, Germany and Belgium had also been detected, preventing further losses. However, the US$ 2.5 million fraud materialised only in the repayment transaction involving Australia.
The report has noted that officials had failed to verify lender email domains, relied on unverified email communications and lacked adequate internal controls, allowing the fraud to continue for months.
Although the investigation uncovered system-wide weaknesses across several institutions, only four mid-level Finance Ministry officials had been suspended so far, the report said.
The COPF has recommended a special audit of the foreign debt repayment process, strengthened cybersecurity measures across state institutions, updated financial regulations and improvements to public debt management systems.
by Saman Indrajith
News
Opposition signs no-confidence motion against Justice Minister for dereliction of duty over Negombo Prison deaths
Opposition Leader Sajith Premadasa, together with Opposition MPs, yesterday signed a No-Confidence Motion (NCM) in Parliament against Justice Minister Harshana Nanayakkara.The move comes in response to the unrest at the Negombo Prison, where both prison officers and inmates were killed.
Opposition members said the Minister had failed to fulfill his responsibility and accountability regarding their safety.According to the Opposition group, the NCM seeks to hold the Minister directly accountable for lapses in ensuring protection within the prison system.
News
AG informs SC of e-visa agreement review
The Attorney General yesterday informed the Supreme Court that the government has decided to review the legality of agreements entered into by the previous administration to hand over the country’s electronic visa issuance operations to private companies.
Additional Solicitor General Viveka Siriwardena, appearing for the Attorney General, made the submission when the Supreme Court took up the fundamental rights petitions filed by former MPs President’s Counsel M.A. Sumanthiran, Patali Champika Ranawaka, and Rauff Hakeem, challenging the previous Cabinet’s decision to outsource the e-visa system.
The petitions were heard before a three-judge bench, comprising Chief Justice Preethi Padman Surasena and Justices Achala Wengappuli and Arjuna Obeyesekere.
The Additional Solicitor General informed court that the current Cabinet had appointed a subcommittee to examine the legality of the agreements with the private companies and requested time to report on its findings, stating that the review was still underway.
President’s Counsel Sumanthiran, appearing as one of the petitioners, told the court that although the present government had indicated its intention to cancel the transaction, the petitioners wished to proceed with the case.
He noted that members of the current Cabinet had been named as respondents in the petitions.The Supreme Court directed the petitioners to issue notice on the members of the current Cabinet, named as respondents, and fixed September 29 for further proceedings.
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