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SC: President, AG, EC violated people’s fundamental rights

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Ruling will not affect presidential election – EC and polls monitors

By A .J. A Abeynayaka and Rathindra Kuruwita

The Supreme Court (SC) order that the Election Commission (EC) conduct the postponed local government elections as soon as possible will not impact the upcoming presidential election on 21 September, according to EC officials.

Yesterday, the Supreme Court ruled that the President, in his capacity as the Minister of Finance, the Attorney General, and former members of the Elections Commission had violated the fundamental rights of Sri Lankans by postponing the 2023 local government elections, originally scheduled for 9 March 2023.

The Supreme Court’s five-judge bench, comprising Chief Justice Jayantha Jayasuriya, Justices Vijith Malalgoda, Murdu Fernando, Gamini Amarasekara, and Yasantha Kodagoda, instructed the EC to collaborate with all relevant state institutions to conduct the local government elections without further delay.

The SC judgment was delivered after considering four Fundamental Rights petitions that sought an order directing the authorities to ensure free and fair local government elections.

The petitions were filed by Ranjith Madduma Bandara, General Secretary of Samagi Jana Balawegaya (SJB), Harini Amarasuriya, a Parliamentarian from the National People’s Power (NPP), the Centre for Policy Alternatives, and the People’s Action for Free and Fair Elections (PAFFREL).

Asked for comment, Saman Sri Rathnayake, Commissioner General of Elections, told The Island that the SC ruling would not affect the 21 September presidential election in any way.

He noted that the judgment ran into about 70 pages, he said adding that it was being studied comprehensively. “Whoever wins the presidential election is likely to dissolve Parliament,” he said.

Rohana Hettiarachchi, Executive Director of PAFFREL, stated that the SC ruling sent a strong message to both current and future administrations that they cannot infringe upon the people’s right to vote with impunity.

“Last year, the President withheld funds for the local government elections, citing financial constraints. Many were concerned that this could set a dangerous precedent for the future. The Supreme Court decision has assuaged such fears and bolsters the electoral process,” Hettiarachchi said.

He said the ruling empowered the Elections Commission, ensuring that elections could not be postponed at the behest of President, the Cabinet or the Finance Ministry.

“The directive clearly signals that the Executive cannot act with impunity in the future. The verdict has no bearing on the forthcoming presidential election. It is also likely that the winner of the 21 September election will dissolve Parliament and call for a general election. Local government elections are expected to be held in early 2025. However, the key takeaway from this verdict is that the Executive cannot manipulate the people’s voting rights,” Hettiarachchi said.

Meanwhile, Manjula Gajanayake, Executive Director of the Institute for Democratic Reforms and Electoral Studies (IRES), highlighted that Supreme Court judgments over the past 25 years had significantly strengthened the country’s electoral process.

“I believe this verdict is another such landmark ruling. It ensures that no future leader will attempt to postpone elections,” Gajanayake added.



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Fuel crunch looms

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Govt. tells fuel distributors to maintain stocks to ensure uninterrupted supplies

by Saman Indrajith and Norman Palihawadane

The government had instructed private fuel distributors to maintain minimum stocks and ensure uninterrupted supplies to the market, Energy Minister Anura Karunathilaka told Parliament yesterday (06).

Karunathilaka said the Ministry of Energy Secretary had notified the relevant companies of the requirement, following a reduction in supplies by some private distributors, amid higher international fuel prices.

The Minister said private companies had informed the government that they were facing losses because international prices had risen while fuel was being sold, locally, at prevailing prices. As a result, some companies had reduced the volumes released to the market.

The reduced supplies had increased the burden on the Ceylon Petroleum Corporation (CPC), whose share of the diesel market had risen from about 54% to 82%, the Minister said.

“The CPC currently holds an 82% share of the market,” he said, adding that it had increased its supplies, compared with February, to compensate for the reduction by private distributors.

Karunathilaka said the government could not, under the existing agreements with private companies, specify the quantities they should supply to individual filling stations. However, it could require them to maintain minimum stocks in the country.

The Minister said the Energy Ministry had already instructed companies that had failed to maintain the required stocks to take steps to prevent supply disruptions.

The Minister attributed the queues reported at some filling stations to reduced supplies from private distributors, as well as normal variations in fuel distribution. He also said demand for CPC fuel had increased because private companies generally did not provide fuel to dealers on credit, while the CPC offered a three-day credit facility.

“We expect that, as the Ceylon Petroleum Corporation takes on this additional burden, the problem will ease to some extent by Wednesday or Thursday,” Karunathilaka said.

He said instructions had also been issued to increase supplies to CPC filling stations. A special discussion on the issue is scheduled for today (07), with officials of the Energy Ministry and CPC expected to participate,

along with President Anura Kumara Dissanayake.

Meanwhile, Petroleum Dealers’ Association officials have called for an early solution to the supply issue. Association Chairman D.V. Shantha Silva said queues had been reported at many filling stations, mainly those operated by private distributors.

He said the situation was not due to an overall shortage of fuel, but was linked to reduced orders by Lanka IOC, Sinopec and R.M. Parks amid concerns over losses incurred on fuel sales.

The Ceylon Petroleum Private Tanker Owners Association has urged motorists to refrain from panic buying, saying there was no nationwide disruption to fuel supplies.

The government earlier increased fuel prices and introduced a per-litre diesel subsidy following concerns raised by distributors over rising international prices.

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Gnansara Thera to be assigned to prison printing section: Officials

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Bodu Bala Sena General Secretary Ven. Galagodaaththe Gnanasara Thera, who was taken into custody to serve the remainder of his prison sentence, was produced before the Colombo High Court yesterday by prison officials in connection with a warrant issued by the court. He appeared before the court in layman’s clothes. Pic by Nishan S. Priyantha.

by Norman Palihawadane

Bodu Bala Sena General Secretary Ven. Galagodaatte Gnanasara Thera, who has been ordered by the court to serve the remainder of his prison sentence, is to be assigned to the prison ‘printing work party’, prison officials said yesterday.

The monk was produced before the Colombo High Court yesterday by prison officials in connection with a warrant issued by the court.

He appeared before the court in civilian attire.

Prison sources said arrangements were being finalised for his detention and that he would subsequently be assigned to the printing work party.

The Thera initially objected when prison officials instructed him to change from his robes into the attire worn by convicted prisoners.

He later agreed to wear the prescribed prison clothes, sources said.

The Supreme Court, in September, annulled the presidential pardon granted to Gnanasara Thera in 2019. He had been serving a six-year prison sentence imposed following his conviction for contempt of court but had served only about nine months when then President Maithripala Sirisena granted him a presidential pardon in May 2019.

Following the Supreme Court ruling, the Thera was required to serve the remainder of his sentence. He was subsequently reported missing, prompting the Court of Appeal to issue an open warrant for his arrest.

The Court of Appeal on Monday ordered the authorities to enforce the remainder of his prison sentence.

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Speaker rejects Ajith Perera’s privilege complaint

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Speaker Dr. Jagath Wickramaratne yesterday ruled that a privilege complaint submitted by SJB Kalutara District MP Ajith P. Perera did not constitute a prima facie breach of parliamentary privilege.

The ruling was made in response to a notice of privilege submitted by Perera on October 02.

Perera alleged that his parliamentary privileges had been breached over the failure to take formal action or reach a final decision on a written request submitted on August 03 by 18 Opposition MPs seeking the appointment of a Special Select Committee to investigate delays in the judicial system and prison overcrowding.

He had also requested that the matter be referred to the Committee on Ethics and Privileges for investigation and recommendations.

In his ruling, Speaker Wickramaratne said the Speaker, as the Presiding Authority and guardian of the powers, rights and privileges of Parliament, could not be subjected to a privilege complaint or disciplinary inquiry by a committee subordinate to the Chair in respect of actions taken in an official capacity.

He said that, under the Standing Orders, the Speaker was required to independently determine whether a prima facie case of breach of privilege existed.

Referring a complaint against the Speaker to a committee functioning under the Speaker’s authority would, therefore, create a procedural contradiction, he said.

Accordingly, the Speaker ruled that Perera’s notice did not constitute a prima facie breach of parliamentary privilege and disallowed the request to refer the matter to the Committee on Ethics and Privileges.

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