News
BASL asks govt. to inform SC how it intends to address crisis
second case before five-judge bench also to be mentioned today
By Shamindra Ferdinando
Amidst economic chaos caused by the disruption of fuel and LP gas supplies as well as severe shortage of food and medicine, the Bar Association of Sri Lanka (BASL) has filed a motion requesting the Supreme Court to take up cases pertaining to alleged violation of fundamental rights due to the deprival of basic requirements of the people. A senior spokesperson for the BASL yesterday told The Island that they would be represented by Dr. Kanag Iswaran, PC, Uditha Egalahewa, PC, Suren Gnanaraj, Pulasthi Hewamanne, Lakshmanan Jeyakumar and Niranjan Arulpragasam instructed by GG Arulpragasam. The cases would be taken up today (04). The BASL is seeking interim relief.
The BASL has acted in terms of Articles 17 and 126 of the Constitution. The motion has been filed in respect of cases over fundamental rights violations under Articles 11, 12(1), 13(4), 14(1)(g), 14(1)(b), and 14 A of the Constitution.
The BASL spokesperson said that the cases were to be taken up today for the Counsel for the respondents to inform the apex court of measures taken to improve the situation. Copies of the motion, affidavit and the annexures have been delivered to the Attorney General.
The respondents are the Attorney General, both former and present members of the Cabinet, including Prime Minister Ranil Wickremesinghe, both former and present members of the Monetary Board, several other officials and three stare enterprises, CEB, CPC and SPC.
Responding to a query, the BASL Spokesperson said that the BASL had amended the affidavit to include those who accepted cabinet portfolios following the appointment of Ranil Wickremesinghe as the Prime Minister on 12 May. The official pointed out that a week after the appointment of the new Premier, the Governor of the Central Bank Dr. Nandalal Weerasinghe had declared that Sri Lanka was suspending debt repayment pending negotiations with the International Monetary Fund (IMF).
The BASL has brought to the notice of the Supreme Court several pertinent matters namely disruptions to the supply of petrol, diesel, LP gas, kerosene, electricity and medicine, the inability of the public to engage in income-generating activities owing to the disruptions to public and private transport and health services, food supply and court proceedings, and the likelihood of breakdown law and order.
The affidavit also includes a section of BASL statement issued on 27 June on the continuing fuel shortage and its impact on the people. The BASL has urged the government to inform the public immediately of its plans to ensure the continuous supply of fuel in the short term, present a roadmap for the fuel crisis, and to devise, after proper consultation with the relevant stakeholders, an effective plan to ensure the fair and equitable distribution of fuel to the people taking into account the need to ensure that public transportation and essential services are not hindered.
Referring to contradictory statements issued by those who represented the government, including Sagala Ratnayake, Chief of Staff of Premier Wickremesinghe, the BASL has stated that none of the respondents has so far informed the public of measures to alleviate the suffering of the people.Meanwhile, a fundamental rights violation case in which Prime Minister Wickremesinghe has been named as the first respondent as regards the economic crisis will be mentioned today (04) to fix a date for support. The case will be taken up before a bench of five judges.
Dr. Athula Kumara Samarakoon of the Open University, Sri Lanka, Soosaiappu Neavis Morais and Dr. Mahim Mendis have petitioned the Supreme Court. The application filed in terms of the Articles 17 and 126 of the Constitution has named the entire Cabinet of Ministers, including former PM Mahinda Rajapaksa and Basil Rajapaksa and Ali Sabry, PC as respondents. Among others named are former presidential secretary Dr. P. B. Jayasundera, ex-CBSL Governors, Prof. W.D. Lakshman and Ajith Nivard Cabraal and ex-Treasury Secretary S.R. Attygalle.
Members of the CIABOC (Commission to Investigate Allegations of Bribery or Corruption), too, have been made respondents; the petitioners have in a letter, asked the CIABOC members to investigate the mismanagement of the economy by former members of the Monetary in violation of Section 70 of the Bribery Act as well as lawmakers Mahinda Rajapaksa and Basil Rajapaksa. The petition cited the controversial decision taken to reduce a range of taxes in terms of SLPP presidential election candidate Gotabaya Rajapaksa’s manifesto titled, ‘Vistas of Prosperity’ as one of the major causes of the current crisis.
The petitioners have stated that as at April 2022, the price of essential goods had increased from the previous year as follows: (a) The price of Petrol increased by 85%; (b) The price of Diesel increased by 69%; (c) The price of a cylinder of Liquid Petroleum Gas increased by 84%; (d) The price of turmeric increased by 443%; (e) The price of bread increased by 433%; (f) The price of rice increased by 93%; and (g) The price of dhal had increased by 171%
The petitioners have cited incumbent CBSL Governor Dr. Nandalal Weerasinghe’s statement before the Committee on Public Enterprises (COPE) on 25 May in support of their argument. Dr. Weerasinghe was quoted as having told COPE that the government lacked foreign currency reserves to pay its foreign debt or buy essential imports, and the assistance of the International Monetary Fund and foreign nations was required.
The petitioners have also quoted statements made by ex-Finance Minister Sabry to underscore the crisis created by what they call the wrong policies of the then government. They cited President Rajapaksa’s unilateral decision to prohibit the use of chemical fertiliser and agrochemicals as another reason for the crisis. Issues such as the government using foreign reserves to prevent the depreciation of the rupee have also been raised by the petitioners. Statements made by Dr. Ranee Jayamaha and Sanjeeva Jayawardena PC, two appointed members of the Monetary Board, before the COPE were also cited in support of the petition. They were quoted as having said that they received instructions to use dollar reserves to hold the rupee as Rs. 203 in spite of their strong objections
News
Lanka enters new phase of prosecutions as hurdles clear
MONETABRIEF –The prosecution of high-profile individuals from the former Rajapaksa administrations is set to escalate this month with the clearing of legal hurdles and administrative bottlenecks, according to officials involved in the process.
Former president Gotabaya Rajapaksa’s attempt to secure an order preventing his arrest in connection with the Easter Sunday massacre was turned down by the Court of Appeal on Thursday.
An overseas travel ban has been in operation against Rajapaksa since June, but the Criminal Investigations Department made no move to question him. He instead filed a writ application seeking an order preventing his possible arrest.
President of the Court of Appeal Rohantha Abeysuriya noted that the court would not interfere with the investigative process. Any attempt by the court would amount to an obstruction of the investigation.
In an unrelated case, the same court rejected an application by opposition legislator Dilith Jayaweera seeking the quashing of a contempt charge filed against him by the Fort magistrate. The charges against Jayaweera and a few other opposition politicians are expected to be taken up in the coming week.
Jayaweera and other opposition politicians — Wimal Weerawansa, Udaya Gammanpila, Sugeeshwara Bandara, and Asanka Navaratne
— were hauled up over their remarks relating to the arrest of Suresh Sallay, the former head of the State Intelligence Service.
SLPP academic Mahinda Pathirana is also charged over his public comments about Sallay’s arrest in February under the draconian Prevention of Terrorism Act.
Former president Mahinda Rajapaksa’s son, legislator Namal Rajapaksa, is already in remand custody following his arrest in connection with three cases of bribery and money laundering relating to the 2013 Airbus deal and the Krrish property development in Colombo.
Although Namal has been granted bail in the Airbus money laundering charge, he is in custody until October 13 over the bribery charge relating to the same Airbus transaction. His arrest is under a provision of the Anti-Corruption Act that does not allow a magistrate to grant bail unless under exceptional circumstances.
Meanwhile, his mother Shiranthi Rajapaksa, who had been asked to report to the Financial Crimes Investigations Division on September 24, was a no-show and was yet to return from Singapore.
She had travelled overseas on September 16, and a family spokesman said she was handed the FCID summons at the departure lounge of Bandaranaike International Airport just before she boarded a flight to Singapore.
At the time, the family spokesman said she was due to return in three days.
“We will see greater momentum in the legacy cases in the coming weeks,” an official involved in the prosecutions said.
“We have cleared the legal hurdles to press ahead with more arrests,” he said.
“We are working on a few administrative issues which will be resolved very soon.”
The controversial prosecution of former President Ranil Wickremesinghe is dragging on without him being formally indicted since his arrest in August last year. The Fort magistrate has listed the case again for November 11, when the Attorney-General is expected to report on his decision regarding action against Wickremesinghe.
News
Police warn: Court evaders face property seizure
Police have reminded the public that courts have the power to take legal action against individuals who evade arrest or remain in hiding after warrants have been issued against them.
Police said that under Section 60 of the Code of Criminal Procedure Act No. 15 of 1979, a court could issue a written proclamation requiring a person evading arrest under a warrant to appear at a specified place and time.
The proclamation must allow the person at least 30 days to appear before court, Police said.
If the person fails to appear even after the proclamation has been issued, the court may take further action under Section 61 of the Act.
This includes issuing an order for the attachment of the movable or immovable property belonging to the person concerned.Police issued the reminder highlighting the legal measures available against persons who deliberately evade arrest and remain in hiding after warrants have been issued.
News
Nearly 20 Iranian tankers stranded off Lanka amid US sanctions
Around 20 Iranian oil tankers are reportedly stranded about 15 nautical miles off Sri Lanka’s southwestern coast, with several vessels facing shortages of food, fuel and fresh water amid tightening US sanctions and maritime restrictions, The Wall Street Journal reported.
According to the report published on Thursday (1), US officials have in recent weeks urged Sri Lanka to prevent local vessels from supplying essential provisions to the tankers and their crews.
The report, citing Sri Lankan Government documents and companies involved in supplying the vessels, said the US had raised concerns over assistance being provided to the sanctioned tankers.
The situation follows the United States’ decision to reimpose a maritime blockade of the Strait of Hormuz in July, which has reportedly left dozens of Iranian and Iran-linked tankers involved in transporting sanctioned oil to China stranded near Asian countries, including Sri Lanka and Malaysia.
Most of the vessels are reportedly empty tankers that had previously transported Iranian crude to Asia, often through ship-to-ship transfers, before preparing to return to Iran for additional cargo.
The WSJ reported that the US Embassy had warned Sri Lanka in August that it was monitoring 19 Iranian tankers off the country’s western coast and had raised the possibility of secondary sanctions against companies providing services to sanctioned vessels.
Sri Lankan authorities have maintained that the vessels are located outside the country’s 12-nautical-mile territorial waters and that the Government is not providing them with logistical assistance.
Meanwhile, shipping companies told the WSJ that obtaining approval to supply essential items, including food, drinking water and fuel, as well as repair services, to the Iranian vessels had become increasingly difficult.
Separately, Reuters reported in late August that 27 sanctioned Iran-linked tankers were waiting off Sri Lanka without cargo.
The Trump administration has also imposed additional sanctions on Iran and warned countries and companies trading with Tehran of potential consequences, as Washington seeks to pressure Iran to make concessions amid the ongoing conflict.
Similar concentrations of Iranian-linked tankers have been reported off Malaysia, where waters have historically been used for ship-to-ship transfers of Iranian crude destined mainly for China.
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