News
BASL Chief counters allegations, denies seeking political office
by Shamindra Ferdinando
Denying growing accusations that the Bar Association of Sri Lanka (BASL) has been deeply politicised, its President Saliya Pieris, PC, has strongly defended the role played by the outfit in the developing political-economic-social crisis.
Pieris succeeded Kalinga N. Indatissa, PC, in Feb 2021, as the BASL’s 26th President.
Appearing on a special segment on the ‘Hiru’ main news bulletin, on Monday (01), Pieris maintained that there was no basis for such accusations.
Interviewer Dilan Mayadunne pressed the BASL President on the vexed question why his outfit refrained from censuring the protest movement over the seizure of the President’s House, the Presidential Secretariat (old Parliament) and the Prime Minister’s Office.
Pointing out that those nationally important public properties had been illegally occupied, Mayadunne sought the President’s Counsel’s stand on the protest movement’s actions. Pieris said: “We have asserted that public property should be handed over to the government.
The interviewer reiterated he wanted to know whether the protest movement’s actions were legitimate. Peiris responded: “That shouldn’t be decided here. That should be decided in a court of law.”
The interviewer stressed that there couldn’t be any doubt as regards the buildings in question being public property. Peiris replied: “As the issue at hand is before a court of law, it wouldn’t be wise to comment on it at the moment.”
Pieris dismissed accusations that the BASL hadn’t take a clear stand on the occupation of those buildings. The BASL chief stressed that the statements issued by them in this regard quiet clearly explained their stand.
Hiru conducted the interview in the wake of Attorney-at-Law Manoli Jinadasa tearing into the BASL in a brief exclusive appearance, also on the same channel, over the last weekend.
Lawyer Jinadasa didn’t mince her words when she questioned the failure on the part of the BASL to take a stand on the occupation of the President’s House, the Prime Minister’s Office and the Presidential Secretariat. Lawyer Jinadasa challenged the assertion that the BASL represented the entire community of lawyers.
Responding to interviewer Dilan Mayadunne, the lady lawyer declared that the membership had been sharply divided over the BASL’s response to the crisis situation. At the onset of the discussion, she explained how a ‘third party’ intervene in the protest movement in the absence of a clear leadership.
The quite prominent BASL member, who had been involved in high profile cases, such as 2006 de-merger of the Eastern Province from the North and P-TOMS (Post-Tsunami Operational Management Structure) during Kumaratunga presidency, questioned the process followed in issuing statements.
The bone of contention is why the BASL refrained from taking a stand on serious breaches of law.
Responding to The Island queries, lawyer Jinadasa emphasized that ‘trespassing is wrong and against the law’ and there cannot be justification of forcibly occupying the President’s House, under any circumstances. She described such actions as nothing but a criminal act.
Answering Hiru interviewer, lawyer Jinadasa compared the BASL statement, issued in the immediate aftermath of the May 09 incidents, triggered by the Temple Trees and the one that dealt with the seizure of the President’s House. The lawyer added that she and several of her contemporaries made recommendations pertaining to actions of some, contrary to their oaths and ethics. Jinadasa declared that she was not alone in questioning the BASL statement on disruption of fuel supplies and other such issues.
Both Jinadasa and Pieris expressed opposing views when answering questions pertaining to a group of lawyers clapping to welcome those arrested in connection with violent protests at the private residence of the then President Gotabaya Rajapaksa’s private residence at Pangiriwatta, Mirihana, on March 31 by police, when they were brought to court. Pieris described the lawyers’ action as an immediate response to a particular situation whereas Jinadasa asserted such conduct was not acceptable at all.
Asked whether lawyers could react in such a way in violation of their oaths and ethics, Pieris said in case of violations there was a procedure to adopt. The Supreme Court and the BASL’s Disciplinary Committee could deal with such violations. When the interviewer inquired whether the BASL has taken action against those who clapped their hands, Pieris asserted that the outfit could act only if a complaint was received.
Hiru also sought explanation as regards the issuance of statements in the wake of lawyer Jinadasa challenging the whole setup. She went to the extent of asserting that Pieris could manipulate the process as some of those involved were close to him. Pieris stressed the statements were issued with the approval of the executive committee and the Bar Council as well. Commenting on allegations that the BASL had been in a mighty hurry to issue statements, Pieris explained how zoom technology helped them to address issues swiftly.
Alleging that those who accused him of having friends and associates at the decisionmaking bodies, Pieris asserted that they weren’t familiar with the BASL Constitution. Pieris said that the Bar Council comprised of lawyers in the public sector and representatives of the countrywide branches were entrusted with the task of naming the Executive Committee. Therefore, the BASL President didn’t get involved in the appointment of Executive Committee, Pieris stressed.
There had been instances of the Bar Council taking a stand, contrary to that of the BASL President, Pieris said.
Asked whether the BASL would represent those who occupied government buildings in the future, the PC pointed out that the outfit never appeared for suspects though individual members appeared without discrimination. One-time head of the Office of Missing Persons (OMP) said lawyers appeared for those taken in for attacks on the Galle Face protesters.
Pieris denied allegations that he was a recipient of NGO funds. Responding to National Freedom Front (NFF) leader Wimal Weerawansa’s allegations that BASL had received overseas funding, Pieris said that the BASL received USAID financial backing during 2015-2019. In addition to that the Attorney General’s Department and the Justice Ministry, too, had received USAID backing, Pieris said.
Pieris also denied accusations directed at the BASL by lawmakers, particularly those who suffered huge losses due to arson attacks carried out by the protest movement on May 09 and 10. Pieris insisted the BASL always condemned violence whoever perpetrated it.
Pieris strongly defended the BASL’s right to intervene in the economic crisis both in court and outside as it affected the entire population. Jinadasa expressed the view as a professional body the BASL couldn’t issue statements on the economy and the fuel supply.
The BASL President denied having political ambitions whatsoever.
The Island
asked Pieris whether the BASL would initiate disciplinary action against lawyer Jinadasa, Pieris said that having repeatedly urged the State to respect and accept dissent and right to free speech, the BASL wouldn’t seek to take that path. Lawyer Jinadasa told The Island that she didn’t expect disciplinary measures as she hadn’t breached any ethics.
News
Judicial vacancies: President keeps country guessing
The NPP government has not taken a final decision regarding filling of the vacancies in the judiciary.
A group of Opposition MPs, led by SJB leader Sajith Premadasa, on 12 June, requested Speaker Dr. Jagath Wickremeratne to take up the issue of judicial vacancies with President Dissanayake. Opposition sources said that there were four vacancies, each in the Court of Appeal and the Supreme Court, and the inordinate delay had adversely affected the judiciary.
Government sources indicated that there was no change in the status quo as regards filling of vacancies. Referring to the government proposal to extend the retirement age of judges, authoritative sources said that no final decision had been taken yet.
SJB lawmaker Dayasiri Jayasekera told The Island that they would raise the issue in Parliament this week.
He said that the deliberate delay in making appointments to superior courts and the move to extend the retirement age couldn’t be taken separately.
The MP noted that the Bar Association of Sri Lanka, the Lawyers’ Collective, the Colombo High Court Lawyers’ Association, Colombo Magistrate’s Court Lawyers’ Association and the Bar Association of Badulla had opposed the government move.
There hadn’t been any public statements in support of the government move, MP Jayasekera said, urging the government to end uncertainty in the judiciary.
by Shamindra Ferdinando
News
Sajith calls on Opposition parties to rally around SJB
SJB leader Sajith Premadasa has invited the UNP and other political parties to join his party. Premadasa, who is also the leader of the Opposition, has emphasised that the UNP and the SJB could reach a consensus on policies but his party wouldn’t, under any circumstances, accept whatever formula to share positions. Premadasa said so, speaking to the media over the weekend, after meeting the Mahanayaka Thera of the Malwatta Chapter of the Siyam Nikaya Most Venerable Thibbatuwawe Sri Siddhartha Sumangala Thera.
A statement issued by the Opposition Leader’s Office quoted MP Premadasa as having extended an invitation to all political parties to give up extremist policies and join the SJB.
The SJB leader alleged that the NPP government feared facing elections and that was the reason for the inordinate delay in holding Provincial Council polls. PC polls were last held in 2012, 2013 and 2014, on a staggered basis. Premadasa said that if PC polls were held his party would definitely win the majority of PCs.Premadasa also urged the government to reduce electricity tariffs and fuel prices.
News
Ex-EC Chief slams govt. over PC polls delay
Former Chairman of the Election Commission, Mahinda Deshapriya, on Saturday, strongly criticised the continued postponement of local government elections, declaring that every day without elections constitutes a violation of both the Constitution and democratic principles.
Speaking during an interview with journalist Bhanuka Rajapaksa, on Hiru TV, on Saturday, Deshapriya described the current administration of local government institutions by unelected officials as fundamentally undemocratic and contrary to the spirit of representative governance.
Deshapriya said local authorities, across the country, are presently being managed by secretaries and bureaucrats rather than elected representatives, depriving citizens of their democratic right to be governed by individuals, chosen through the electoral process.
“If the Constitution recognises and provides for local government institutions, then it is the responsibility of the State to ensure that elections are held and that these bodies are administered by representatives, elected by the people,” he said.
Deshapriya rejected attempts to justify the prolonged delay, arguing that responsibility for the situation rests with the government.
He noted that while various political parties have publicly stated their readiness to face elections, the ruling administration possesses the authority to resolve any issues relating to the electoral system.
The former Election Commission chief pointed out that the government enjoyed a two-thirds majority in Parliament, enabling it to enact any legislative amendments required to facilitate the conduct of elections. Instead, he said, successive committees and review processes had been used to postpone a final decision.
He also referred to efforts by opposition legislators who have moved motions seeking to address concerns relating to the electoral framework and expedite the holding of local government polls.
Deshapriya warned that any attempt to appoint a fresh delimitation committee could further delay the electoral process, making it unlikely that local government elections would be held within the current year.
He also dismissed claims that financial constraints have prevented the conduct of elections. Expressing surprise at such assertions, he questioned how funding shortages could be cited as a reason for postponement while expenditure continues in other sectors.
According to Deshapriya, the existence of laws establishing local government institutions imposes an obligation on the State to ensure that those institutions are populated through democratic means.
“The legal framework exists. If elected representatives are not appointed through elections and institutions continue to function under unelected administrators, that is a failure of the State,” he said.
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