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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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PSTA worse than PTA: FSP

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The Frontline Socialist Party (FSP) yesterday accused the government of seeking to use the proposed Protection of the State from Terrorism Act (PSTA) to suppress popular political activity, claiming that some of its provisions were more repressive than those of the Prevention of Terrorism Act (PTA).

FSP Education Secretary Pubudu Jayagoda told a media briefing, in Nugegoda, that the definition of terrorism in the Bill was so broad that it could be used to label almost any form of popular political activity as terrorism.

He said the Bill’s approach to defining terrorism was based largely on attempts to compel a government, or an international organisation, to do, or refrain from doing something, rather than on internationally recognised criteria, such as killings, causing serious bodily harm, kidnapping or acts intended to spread terror among the public.

Jayagoda also alleged that the Bill transferred substantial powers from the judiciary to the executive, while extending powers of arrest, investigation and detention to the armed forces, in addition to the police.

He claimed that the government had sought to portray the Bill as a replacement for the PTA while retaining or introducing provisions that could facilitate political victimisation and repression.

The FSP also questioned the government’s decision to proceed with the Bill, despite having previously sought public views on an earlier draft.

Jayagoda said a draft had been published earlier this year, with the period for public submissions ending on February 28, but the Bill subsequently gazetted was essentially the same draft with some provisions rearranged.

Jayagoda also referred to a letter reportedly sent by Attorney-at-Law Saliya Peiris, a member of a Committee, chaired by President’s Counsel Rienzie Arsecularatne, that had been appointed to draft the legislation. He said Peiris had stated, in the October 06 letter, that changes had been made to the draft prepared by the Committee.

“This means that even the Committee, appointed to prepare the Bill, was a deception,” Jayagoda alleged.

He said that the PSTA was fundamentally similar to the Anti-Terrorism Bill introduced by the previous government, in 2023, which the National People’s Power (NPP) opposed and challenged in court.

“If the NPP opposed that Bill then and is now bringing the same legislation before Parliament, the government must explain its position,” he said.

Jayagoda called on NPP MPs to oppose the PSTA in Parliament and urged trade unions and other groups to build a broad public movement against the legislation.

He challenged the government to an open debate on the Bill.

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Shiranthi R remanded until 13 Oct.

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Former First Lady Shiranthi Rajapaksa was yesterday remanded until 13 October after being produced before the Colombo Magistrate’s Court following her arrest by the Commission to Investigate Allegations of Bribery or Corruption (CIABOC).

Shiranthi, wife of former President Mahinda Rajapaksa, was arrested at her residence on Poorwarama Road, Kirulapone, after CIABOC officers recorded a statement from her for nearly two hours.

According to the CIABOC, the arrest was made over allegations that Rs. 10 million obtained from the National Savings Bank through the Siriliya Saviya organisation was misappropriated.

The money was allegedly obtained to provide a Computed Tomography (CT) scanner to the children’s hospital. Investigators allege that the scanner was not provided and that the funds were instead unlawfully used.

CIABOC is investigating alleged offences under the Public Property Act and corruption-related provisions in connection with the transaction and other financial activities involving Siriliya Saviya, which was headed by Rajapaksa.

Rajapaksa returned to Sri Lanka on Monday night on a flight from Malaysia after travelling overseas for medical treatment. She left for Singapore on 16 September after being admitted to a private hospital in Colombo on 15 September following an illness.

She had been due to appear before the Financial Crimes Investigation Division (FCID) on 13 October in connection with its investigation into the financial affairs of Siriliya Saviya.

Meanwhile, her lawyers filed an anticipatory bail application before the Maligakanda Magistrate’s Court on Monday, seeking an order preventing her arrest in connection with the FCID investigation.

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Former NSB Chairman Kariyawasam granted bail

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Former National Savings Bank (NSB) Chairman Pradeep Kariyawasam was yesterday granted bail by the Colombo Magistrate’s Court following his arrest by the Commission to Investigate Allegations of Bribery or Corruption (CIABOC).

Kariyawasam, husband of former Chief Justice Shirani Bandaranayake, was arrested in connection with the Bribery Commission’s investigation into the ‘Siriliya Saviya’ account linked to former First Lady Shiranthi Rajapaksa.

The investigation concerns financial activities involving the Siriliya Saviya initiative, which was headed by Rajapaksa, wife of former President Mahinda Rajapaksa.

CIABOC is continuing investigations into the alleged financial irregularities relating to the account.

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