News
Speaker orders MP elect in prison to be brought to Parliament
By Saman Indrajith
Speaker Mahinda Yapa Abeywardena, yesterday, ordered the Prisons Department to enable Ratnapura district MP elect Premalal Jayasekara to attend Parliament.
The Prisons Department had earlier been ordered to allow Jayasekara to attend Parliament.
However Jayasekara, who is currently on death row, had not been brought to Parliament.
SLPP Colombo District MP Premanath C. Dolawatte, raising a point of order, told the Speaker that the people of Ratnapura were deprived of representation in Parliament when their MP Jayasekera was denied the opportunity to attend parliamentary sessions.
“Jayasekera polled over 140,000 preferential votes at the last general election. Following his sentence, he appealed to the Court of Appeal against the sentence. He is not allowed to come to this House. There is no court order preventing him from coming to Parliament. There is the possibility of him becoming not guilty at the end of the Appeal court case. You have powers to issue an order to the head of the Prisons Department to bring him to Parliament. Suppose he will win the case at the Appeal Court and thereafter he would be allowed to attend sessions. But until then, the people who voted for him are not represented here. I bring to the notice of the Chair a ruling given by former Speaker Anura
Bandaranaike on a similar issue on June 20, 2001 that Parliament process is not bound by a court order.
I call on you not on behalf of Premalal Jayasekera but on behalf of Ratnapura people who voted for him. You have powers to bring him here and we hope you will take actions necessary for the purpose,” MP Dolawatte said.
MP SB Dissanayake said that an MP in remand prison had the right to attend parliament sessions. “There has been precedent. I availed myself of that opportunity. Therefore MP elect Jayasekera should be allowed to come to Parliament,” Dissanayake said
According to the Parliament Secretariat sources, the Sergeant-at-Arms of Parliament had informed the Commissioner General of Prisons to make arrangements to facilitate the MP to attend Parliamentary sittings.
Speaker Abeywardena said that his office had not been informed of the appeal of Jayasekera. “Not permitting him to come to Parliament is wrong. Therefore I order the prison administration to bring him to parliament,” the Speaker said.
News
Prison rules to be revised over monks’ attire
Appointment of committee eyewash, says UNP
The government is considering changes to prison regulations pertaining to the treatment of Buddhist monks serving jail terms, including their right to wear monastic robes when taken outside prison.
Justice and National Integration Minister Harshana Nanayakkara announced the proposed changes yesterday (14) following the submission of an interim report by a committee appointed to review the rules and procedures governing prisons.
The report was handed over to Secretary to the President Dr Nandika Sanath Kumanayake at the Presidential Secretariat.
One of the key recommendations is to amend Prison Standing Order 356 by introducing a new provision, 356(A). The proposed revision would require prison authorities to consult the Department of Buddhist Affairs on the removal of a monk’s robes upon admission to prison. The Commissioner of Prisons would be allowed 10 days to notify the department and take the necessary steps.
A separate amendment to Departmental Order 550 would allow Buddhist monks to wear their robes whenever they are taken outside prison, unless their respective Nikaya formally requests that the privilege be withdrawn.
The committee has also recommended extending similar arrangements, with suitable modifications, to members of other religious clergy who are imprisoned.
The proposals follow concerns raised over the treatment of Ven. Galagoda Aththe Gnanasara Thera after he was taken into custody. President Anura Kumara Dissanayake subsequently held discussions with representatives of the three main Buddhist Nikayas and appointed the committee to examine the existing legal framework.
Nanayakkara said the interim report had been forwarded to the Acting Commissioner General of Prisons, along with instructions to revise the relevant standing orders in accordance with its recommendations.
The proposed amendments have yet to be confirmed as formally implemented.
Meanwhile, the UNP yesterday criticised the government’s decision to appoint a committee to make recommendations on the attire to be worn by imprisoned Buddhist monks and other religious leaders when taken outside prison, describing the move as unnecessary.
In a statement issued yesterday (14), the UNP said the procedures governing the matter were already clearly set out in the Department of Prisons’ Standing Orders, making the appointment of a separate committee unwarranted.
The party cited remarks by Professor G.L. Peiris, Convenor of the Janathawadi Joint Opposition, who had described the committee’s appointment as a
“complete eyewash” and questioned the need for such a move.
Referring to Standing Order 550 of the Prisons Department, the UNP said convicted prisoners appearing before court for legal proceedings should not be required to wear prison uniforms.
It further stated that the regulations allowed prisoners to wear civilian clothing consistent with what they wore before imprisonment, including attire appropriate to their cultural and religious backgrounds.
The UNP accused the government of unnecessarily prolonging the issue by appointing a committee, despite the existence of regulations governing prisoners’ attire.
The party also called on the government to seek forgiveness from the Mahanayake Thera and the Sangha Council of the Kotte Sri Kalyani Samagri Dharma Maha Sangha Sabha of the Siyam Maha Nikaya over the decision concerning the religious attire of Ven. Galagoda Aththe Gnanasara Thera.
News
AC President recuses himself from hearing prison attire case pertaining to Gnanasara Thera
Court of Appeal President Justice Rohantha Abeysuriya yesterday withdrew from the bench hearing petitions challenging the decision by prison authorities to require Ven. Galagoda Aththe Gnanasara Thera to wear prison attire following his imprisonment.
The decision was announced when the petitions seeking to invalidate the prison authorities’ decision were taken up for consideration on October 14.
Following his withdrawal, a three-judge bench was appointed to hear the petitions.
The petitions relate to the prison authorities’ decision to require Gnanasara Thera to wear prison attire after he was taken into custody to serve the remainder of his sentence for contempt of court.
In September this year, the Supreme Court annulled the presidential pardon granted to Gnanasara Thera by former President Maithripala Sirisena in May 2019.
Following the ruling, the Court of Appeal directed the Commissioner General of Prisons to take the necessary steps to enforce the remainder of the monk’s prison sentence.
Gnanasara Thera had originally been sentenced to six years’ imprisonment for contempt of court but had served only around nine months before receiving the presidential pardon in 2019.
News
Court orders steps to obtain INTERPOL Red Notice against Basil
The Fort Magistrate’s Court yesterday issued an arrest warrant for former Minister Basil Rajapaksa over the alleged misuse of funds belonging to the Sri Lanka Tourism Promotion Bureau during the 2014 Uva Provincial Council election.
The Magistrate also directed the CID Illegal Assets Investigation Division to take necessary steps to obtain a Red Notice through Interpol.
The orders were issued following submissions made by the CID in connection with the alleged financial irregularities.
The CID’s Illegal Assets Investigation Unit informed the court that Rs. 7.8 million allocated to the Sri Lanka Tourism Promotion Bureau in 2014 had allegedly not been used for the Bureau’s promotional activities.
Instead, the funds had allegedly been used to provide 12,000 T-shirts during the Uva Provincial Council election, causing a financial loss to the government, the CID told court.
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