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SJB: Prosecution without sufficient evidence should be stopped immediately

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The SJB says that the President setting up of task forces saying one country, one law is akin to appointing a parallel government while the Ministry of Justice is taking action to minimize delays in litigations by expanding the judicial benches and digitalizing court processes.

Participating in the third reading debate on Budget 2022 under the expenditure heads of the Ministry of Justice SJB MP Eran Wickremaratne on Thursday said as per the constitutional provisions, the functions of the ministries should be carried out by the Cabinet of Ministers.

“We learned through the media that the Minister of Justice had resigned in protest against the appointment of a task force, ‘One Country One Law’ and the appointment of an unsuitable person for such task force which was uncalled for, it appears that a parallel government structure is being evolved.”

According to a report obtained from the Ministry of Justice, the number of court cases has increased from 775,617 in 2018 to 920,660 by 2020. Accordingly, it is observed that the number of cases in the courts of this country are increasing by about 10% annually, the MP said.

He said that the Attorney General’s Department has multiple roles and responsibilities. As one contradicts the other it is an obstacle to the independence and impartiality of that institution. The Attorney General is, on the one hand, is the Chief lawyer of the government and government departments, and on the other hand is the chief prosecutor. Accordingly, in his multiple roles the conflicts of interest are inevitable. The Attorney General himself appears in the Supreme Court, representing the Government on the constitutionality of the bills brought by the Government. It is the Attorney General who advises the government on the matters presenting to Parliament. Therefore, due to the multiple-role of the Attorney General’s Department, there is a huge potential for the AG’s department to become politicized. Under this backdrop, the MP stressed that Parliament has a responsibility to introduce a system that preserves the dignity of the Attorney General’s Department.

If the Attorney General’s Department continues to function in accordance with the current tasks assigned to it, it may lose its trust among the people. Therefore, the role of the AG as the Chief Prosecutor should be considered. The Attorney General recently withdrew a large number of cases of dozens of politicians. It was up to the courts to decide whether these people were guilty or not. Prosecuting politicians and later withdrawing them is something that does not happen with this frequency in other countries. This tarnishes the dignity of Parliament.

Therefore, if there is insufficient evidence in a case, the Attorney General’s Department should not rush to prosecute. The Attorney General who filed the case initially, following the change of a government goes to court and withdraw the case saying there was no evidence or on a technical basis is detrimental to the dignity of Parliament, the judiciary, the professionals and the country. Therefore, Wickremaratne urged the Minister of Justice to bring reforms regarding the responsibilities and roles of the Attorney General’s Department along with the legal reforms currently being carried out by the Ministry of Justice.

Hijaz Hezbollah, an Attorney-at-Law, has been detained for over 600 days under the Prevention of Terrorism Act. Azath Salley was detained under the PTA without evidence for about nine months. Anaf Jazeem a teacher and a poet has been detained for 18 months. The Solicitor General told the Court that there was no objection to the grant of bail for Jazeem. These arrests and detentions are being made at the behest of the authorities without sufficient evidence, to intimidate, to silence and harass opponents.

Wickremaratne called on the Minister of Justice to focus his attention on amending the PTA which was originally brought as temporary measure which is used to keep in custody innocent people over long periods of time.



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Washout against Afghanistan sends India into semi-finals

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India will meet the winner of the Nepal-Sri Lanka quarter-final (Cricinfo)

India are through to the semi-finals of the Asian Games men’s tournament, with persistent rain and a damp outfield in Nisshin forcing the abandonment of their quarter-final against Afghanistan 16 minutes before the scheduled toss. India’s higher seeding – determined by the ICC T20I team rankings – ensured they went through at Afghanistan’s expense.

India will next face the winners of Tuesday’s quarter-final between Nepal and Sri Lanka in Thursday’s second semi-final. As one of the four seeded teams – India, Pakistan and Bangladesh are the others – to qualify directly for the quarter-finals, Sri Lanka will progress to the semi-finals if their match against Nepal is washed out too.

Earlier on Monday, the first quarter-final between Hong Kong and Pakistan was also abandoned before a toss could take place.
Afghanistan have now ended a second successive Asian Games men’s tournament with a washout against India. They took the silver medal in Hangzhou in 2023 after their final against higher-seeded India was washed out after 18.2 overs of the first innings.
(Cricinfo)

 

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Sajith rejects Jt. Opp. protest sabotage claim; SJB TU chief demands remedial action  

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By Shamindra Ferdinando

Alleging that the Samagi Jana Balawegaya (SJB) had betrayed the joint protest campaign, planned on 24 Sept., at Polduwa junction, against the enactment of the 22nd Amendment without securing public approval at a referendum, SJB trade union leader Ananda Palitha emphasised that SJB and Opposition Leader Sajith Premadasa should take remedial measures to restore the alliance against the NPP government.

Responding to The Island queries, the trade union activist said that he spoke on behalf of the vast majority of the SJBers who felt betrayed by the sudden declaration made by Colombo District SJB lawmaker S.M. Marikkar that they didn’t expect Opposition political parties’ participation, except that of the UNP.

Pointing out that at the behest of Premadasa, MP Marikkar belittled those who had pledged on 17 Sept. to join the SJB-led protest, Palitha emphasised the Opposition leader should be held responsible for restoring the shattered alliance. Palitha warned that the NPP, which was rapidly moving on a dictatorial path, would be the beneficiary of such treacherous actions.

When The Island raised the allegations pertaining to the 24 Sept. protest, Colombo District MP Premadasa said there was no basis for such claims. MP Premadasa called the accusations directed at him ‘rubbish.’

Palitha said that the pathetic failure on the part of the Opposition to genuinely challenge the authoritarian NPP should be examined, taking into consideration the government following an agenda almost 100 percent against the election pledges. Except the much touted anti-corruption campaign, the NPP reneged on all its election promises.

Recalling massive rice imports after having promised to stop the same in the run up to the national elections in 2024, Palitha alleged that the utterly corrupt NPP created an artificial shortage to enable import of large stocks of salt for their benefit. Massive earnings were made through commissions, Palitha said, urging the SJB to reiterate its commitment to the 17 Sept. pledge. According to him, the SJB’s irresponsible action sabotaged the joint Opposition agreement reached on the eve of President Anura Kumara Dissanayake completing two years in Office.

Palitha said that the disruption of a genuinely joint protest, at the last moment, caused irreparable harm to the Opposition. The unexpected eleventh hour declaration made by the SJB upset their efforts to organise a large scale two-day protest on 24 and 25 Sept. Palitha emphasised the responsibility on the part of the SJB leadership and its top management to spearhead an all-out campaign against the government. The former petroleum sector employee said that a strong and transparent campaign could undermine the NPP within as a section of its parliamentary group was deeply dismayed by the current policies and strategies.

Palitha, in his capacity as the trade union leader, invited the Bar Association of Sri Lanka (BASL) to join the trade unions’ protest on 25 Sept. to intensify pressure on the government. BASL President Rajeev Amarasuriya told The Island that they didn’t accept that invitation.

Former SLPP Kalutara District MP Sanjeewa Edirimanna said that the SJB was far more keen to organise a large-scale protest to counter the SLPP’s highly successful Anuradhapura rally held on 12 September than a genuine joint protest against the 22nd Amendment or the government. Edirimanna said that they realised that the SJB would probably join a joint protest campaign only after organising a gathering to counter the SLPP. According to him, the SJB hadn’t been honestly interested in a joint protest campaign. Instead, it sought to resist possible challenges from rival political parties, he said.

An aide to UNP leader and former President Ranil Wickremesinghe said that though the SJB announced they were welcome to join the 24 Sept. protest, the party never received an invitation. The official said that some UNPers joined the protest on their own though the party neither directed supporters to join or boycott the event. As the Janathawadi Joint Opposition decided against participating for want of formal invitations, the UNP, as part of that group, decided not to join the 24 Sept. protest.

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Police remove Thileepan statue in Jaffna

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Pictures grabbed from video footage show policemen removing the Thileepan statue in Nallur yesterday

By Norman Palihawadane

Police have removed a memorial statue of former LTTE member Rasaiah Parthipan, alias Thileepan, from the Thileepan Memorial Square in Nallur, Jaffna, following the conclusion of commemorative events, marking the 39th anniversary of his death.

The statue was removed in the early hours of yesterday (27), a day after the final day of the commemoration was held at the site.

CCTV footage from the memorial reportedly shows police officers removing the statue and taking it away in a vehicle.

Tamil National People’s Front (TNPF) Secretary and MP Selvarasa Gajendran alleged that more than 15 police officers arrived at the site, without prior notice, entered the premises wearing footwear, and forcibly removed the statue.

The reason for the removal and the legal basis for the police action had not been officially announced as of yesterday.

Thileepan, a former political wing leader of the LTTE, died in September 1987, after undertaking a hunger strike in Nallur, while making several demands of the Indian Government.

The memorial events, marking the 39th anniversary of his death, were held at the site on Saturday (26). A statue had been erected at the location in connection with the commemoration.

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