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Activist who had Diana unseated now warns SJB
‘EC should review utterly flawed process of registering political parties’
By Shamindra Ferdinando
Civil society activist Oshla Herath says the Supreme Court judgment in the case against Diana Gamage has restored public confidence in the judiciary.Herath, a one-time media aide to Yahapalana President Maithripala Sirisena, believes the no-nonsense stand taken by the SC in respect of an extremely politically sensitive case should encourage political parties to review their strategies.
In a brief interview with The Island over the weekend, Herath declared: “It is certainly an extraordinary judgment. Contrary to skepticism expressed by many, particularly on social media, I felt the SC would upend the Court of Appeal’s judgment.”
The SC, last week, disqualified dissident SJB National List MP Gamage from being a member of Parliament on the basis that she was not a Sri Lankan citizen. Shavindra Fernando, PC with M. Skandarajah appeared for the first respondent.
Asked why he had moved the SC after the Court of Appeal upheld the preliminary objections raised by first respondent Gamage, Herath said he had was determined to bring the court action to a successful conclusion. He pointed out that the case had been heard by a divisional bench of the Court of Appeal and a majority judgment upheld the first respondent’s preliminary objections. The justices were N. Bandula Karunarathna, President of the Court of Appeal, and K. K. A. V. Swarnadhipathi.
“The minority judgment was for granting the Writ of Quo Warranto sought by me, Herath,” said. Justice M. A. R. Marikar disagreed with the President of the Court of Appeal. Hafeel Farisz with Nishika Fonseka and Shannon Tillekeratne appeared for the petitioner.
The historic SC judgment was delivered by Justices Janak De Silva, E.A.G.R. Amarasekara and Kumudini Wickremasinghe. The three-judge bench declared that the majority report had erred in law by upholding three preliminary objections made on behalf of the first respondent while pointing out that the minority judgment had not taken into consideration preliminary objections, at all.
Responding to another query, Herath pointed out that the SC had rectified, what he called, a flawed majority decision given by the Court of Appeal within four months. “Instead of being critical of the Appeal Court decision, I was determined to set the record straight.”
Herath dismissed statements made by the former State Minister and her husband subsequent to the SC ruling as mere rhetoric.
Asked whether he had targeted the State Minister over a personal enmity, Herath said that he had never met her or at least talked to her over the phone. Declaring that he had absolutely no personal problem with the ousted MP, Herath said that he had first lodged a complaint with the Criminal Investigation Department (CID) and then moved court as she was not a Sri Lankan citizen.
Political parties, represented in Parliament, should be ashamed of their pathetic failure to take up this issue, even after he exposed the State Minister, Herath said. “I never asked her to be deported, under any circumstances, or punished in any other way. The intervention of the Court of Appeal was sought to deprive her of the SJB National List slot as she remained a British citizen.
The civil society activist said that in addition to the ousted lawmaker, there were other MPs who should have been dealt with under the law over various offences. “I have no intention or any interest in pursuing them. What prompted me to take on Gamage was her foreign citizenship,” Herath said.
Now that she had been found to be a British national, the Wickremesinghe-Rajapaksa government should look into the circumstances under which she had received a salary from Parliament and enjoyed a range of other perks and privileges at the taxpayers’ expense.
Commenting on the SC judgment on the SJB, Herath said that some believed and, in fact, publicly asserted that the rebel MP’s ouster could be beneficial to the main Opposition party. However, the SC declaration that Gamage had been a foreign citizen at the time she, along with her husband, transferred a political party, registered by them, to the breakaway UNP group, led by Sajith Premadasa and later re-named as Samagi Jana Balawegaya, in 2020, exposed an utterly corrupt system, Herath said.
Acknowledging that he had failed to block the registration of the new party ahead of the last general election conducted in August 2020, Herath questioned the responsibility on the part of the Election Commission to look into this matter. “Whatever the SJB says today, the fact remains that of those who signed the transfer papers, one was a foreigner. This is the undeniable truth.”
Perhaps, Sajith Premadasa should seriously consider contesting from a constituent party of the SJB-led grouping, Herath said, warning the SJB that it couldn’t wish that Gamaga’s removal from Parliament wouldn’t affect it.
Herath unsuccessfully contested the last general election on the UNP ticket. He was on the Colombo district list, along with UNP leader Ranil Wickremesinghe and Ravi Karunanayake. The UNP was reduced to a single National List slot.
Herath urged Parliament and the Election Commission to take tangible measures to stop taking over political parties through financial and other deals.
“The legitimacy of SJB is at stake. Similarly, the constitutionality of the whole process of registering political parties is questionable” Herath said, alleging that political parties were being sold.
Herath said many people had told him that Diana couldn’t be ousted as she had the backing of both President Wickremesinghe as well as the ruling SLPP. Having entered Parliament through the SJB National List, she crossed over to the SLPP. Soon after President Gotabaya Rajapaksa had been ousted through a public protest campaign in July 2022, the SJBer had switched her allegiance to President Wickremesinghe, Herath said.
News
Switzerland to vote on plan to cap population at 10 million
Can a country put a fixed limit on its population? That is the question Switzerland will be answering on Sunday when voters go the polls to decide on a proposal to cap their population at 10 million, a move that has exposed divisions about immigration in the Alpine nation.
The move is backed by the right-wing Swiss People’s Party, which describes it as a “sustainability initiative” aimed at easing pressure on housing, public services and the environment. However some voters see this as the party’s latest anti-immigration move.
Dubbing it a “chaos initiative”, the government, other political parties, business leaders and trade unions argue it will deprive hospitals and hotels of much needed staff, and damage hard-won relations with the European Union, leaving non-EU member Switzerland isolated in a very risky world.
Switzerland’s population has grown rapidly since 2002, when it stood at 7.3 million. Now it is 9.1 million, 27% of whom are Swiss residents who were born abroad.
Switzerland’s system of direct democracy means all major decisions are taken via the ballot box. Campaigners simply have to gather 100,000 signatures to ensure a nationwide vote.
Many voters are concerned by overcrowded trains, expensive apartments and rising health costs.
The latest opinion polls indicate this could be a very close vote.
They suggest voters are inching towards a no vote by a wafer thin margin, with 52% opposed – but polls remain divided, with 45% saying they are in favour of the proposal and a significant number of voters still undecided.
[BBC]
News
Court orders former Atamasthanadhipathi to provide blood sample for DNA testing
Anuradhapura Chief Magistrate, Siyapath Sasindu Wickramaratne, on Friday (12) ordered former Atamasthanadhipathi Pallegama Hemarathana Thera, who stands accused in a case involving the alleged serious sexual abuse of a minor girl, to provide a blood sample for DNA testing.
Accordingly, the court directed the suspect monk to appear before the Government Analyst’s Department on June 16 and provide a blood sample to the Government Analyst.
The order was issued after considering a further report submitted to court by the Nittambuwa Police.
Police informed the court that, pursuant to an earlier court order, certain case material had been forwarded to the Government Analyst on May 4, 2026, for DNA examination.
According to police, the material consisted of clothing allegedly stained with blood, which had been buried and concealed by the girl and later recovered during investigations.
Police further informed the court that the Government Analyst’s report had confirmed the presence of DNA evidence on the clothing.
Investigators told court that it was necessary to obtain a biological sample from the suspect monk in order to compare it with the DNA evidence recovered from the garments.
Police therefore requested an order compelling the suspect to provide a blood sample so that it could be determined whether the DNA evidence found on the girl’s clothing matched that of the suspect.
Having considered the submissions, the Magistrate ordered the suspect monk to provide the blood sample. The court also directed the Government Analyst to submit the report of the subsequent DNA examination.Pallegama Hemarathana Thera was previously remanded in connection with the case and was later released on stringent bail conditions.
News
High fuel prices spark outrage in transport sector, services halved
(Asiatimes) From this week, those using private buses in Sri Lanka may face severe transport disruption, as operators in the sector have decided to cut services by 50%. Among the reasons for the protest are mounting losses, rising fuel costs and the government’s failure to grant fare concessions. At a press conference held on 7 June, Gemunu Wijeratne, president of the Sri Lanka Private Bus Owners’ Association, explained that “the authorities have not responded positively to requests for a review of bus fares and support measures regarding fuel”.
Meanwhile, around 25% of private transport vehicles have already voluntarily ceased operations due to financial difficulties. According to the majority of owners, “the decision comes after ongoing disputes with the authorities regarding fare adjustments and financial relief, which have not been met to date, despite numerous requests made over a long period”. Commuters, especially in Colombo and the surrounding areas, risk facing delays and overcrowding as the reduced fleet operates under the new directive.
According to Wijeratne, “the association will continue to provide a reduced service until the government approves a revised bus fare, in line with the rise in fuel prices”. The alternative for the government, he continues, is to provide “a direct subsidy to operators, as recent fuel price increases have placed considerable pressure on daily transport operators”.
During peak hours such as the morning, school finishing times and the evening rush hour, only essential services will be guaranteed. During these times, instead of four journeys, only three will be made. Overall, operations will be reduced to around 50%. “The government,” the chairman clarifies, “must take responsibility for this situation, as the majority of students and employees use private buses for their daily commutes, particularly to and from Colombo to various parts of the country.”
Operators in the sector point out that although they requested a temporary exemption to guarantee bus services for one month, neither the National Transport Commission nor the Minister of Transport responded positively. The annual fare review is due to be implemented during the first week of July, adding that they have the “legal authority” to “apply the revised fares”. On 5 June, Wijeratne continues, “we held discussions that were unsuccessful. Diesel prices are expected to rise by the end of this month. In view of all this, we are proceeding with the fare review. This year’s fare adjustment will be difficult for the public to bear, as all costs have risen by around 20–25%”.
The president of the Association of Private Bus Owners concludes by noting that “we cannot continue to operate at a loss. For this reason, we have asked the authorities for some concessions on diesel within the regulatory framework, but these measures have not been implemented. We have therefore decided to step up our industrial action. This week we will intensify our action by changing timetables and limiting operations. The decision was taken – he notes – due to the lack of a positive response to the request for a fare review following the recent rise in fuel prices”.
Recently, the Ceylon Petroleum Corporation (CPC) increased fuel prices in accordance with its monthly pricing formula. Among the changes, the price of a litre of petrol was increased by 15 rupees, rendering the current tariff structures unsustainable. To grasp the scale of the emergency and understand the impact on the population, AsiaNews spoke to Akalanka Punchihewa, Senuli Amrasekara and Dunesh Mayadunne, commuters from various parts of the country who travel to the capital every day for work. “We struggle,” they confirm, “to get to work from Kandy, Kurunegala and Galle. The recent decision by private bus operators is a severe blow, as we have to spend several hours in long queues just to get on a bus. The service provided by buses run by the Sri Lanka Transport Board (SLTB) is inferior to that of private buses. And we cannot,” the commuters conclude, “afford to travel to work by car or motorbike, as we are unable to bear the increased cost of fuel.”
by Arundathie Abeysinghe
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