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BASL contemplates legal action against HSZ gazette

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The Bar Association of Sri Lanka (BASL) has threatened legal action against President Ranil Wickremesinghe’s reintroduction of war-time high security zones (HSZs).

“The BASL will be carefully studying the provisions of the said order and take appropriate legal action to ensure that the Fundamental Rights of the people are secured,” the BASL has said in a statement.

The BASL has said it is concerned that the purported order of the President also seeks to create offences under the said order which are not found in the Principal Act.

Full text of the statement: The Bar Association of Sri Lanka (BASL) is deeply concerned at the declaration of certain areas in Colombo as High Security Zones under Section 2 of the Official Secrets Act No. 32 of 1955 by President and Minister of Defence Ranil Wickremesinghe.The said order appears to cover several areas in the Colombo District including the areas in Colombo ordinarily used by the members of the public. It also covers several areas in Hulftsdorp in the vicinity of the Court premises.

The said order by the President purports to prohibit public gatherings or processions whatsoever on a road, ground, shore, or other open area situated within such High Security Zones without the permission of the Inspector General of Police or a Senior Deputy Inspector General. It also prohibits the parking of vehicles within the zone unless reserved for parking by the Competent Authority or under a permit issued by him, such Competent Authority being the Secretary to the Ministry of Defence.The scope of the Official Secrets Act is clearly set out in Section 2 of the said Act which can be read at: https://www.lawnet.gov.lk/official-secrets.4/

What Section 2 of the Official Secrets Act enables the Minister, is to declare any land, building, ship, or aircraft as a prohibited place. The Act does not empower the Minister to declare large areas as High Security Zones.The objective of making an order under Section 2 of the Official Secrets Act is to better safeguard information relating to the defences of Sri Lanka and to the equipment, establishments, organisations, and institutions intended to be or capable of being used for the purposes of defence. Orders under Section 2 cannot be made for any other purpose.

The BASL is concerned that the purported order of the President also seeks to create offences under the said order which are not found in the Principal Act. It is also of utmost concern that the purported order imposes stringent provisions in respect of bail by stating that a person taken into custody in connection with an offence under the said orders shall not be granted bail except by a High Court. The Official Secrets Act contains no such provisions, and in fact Section 22 of the Act empowers a Magistrate to release a suspect on Bail. As such the purported order seeks to significantly curtail the liberty of the citizen, without any reasonable or legal basis.

The BASL is deeply concerned that under the cover of the purported order under Section 2 of the Official Secrets Act that there is the imposition of draconian provisions for the detention of persons who violate such orders thus violating the freedom of expression, the freedom of peaceful assembly and the freedom of movement all of which are important aspects of the right of the people to dissent in Sri Lanka

The BASL will be carefully studying the provisions of the said Order and take appropriate legal action to ensure that the Fundamental Rights of the people are secured.We continue to remind the authorities including the President of the wisdom found in the Judgment of the Supreme Court in the ‘Jana Ghosha’ case of Amaratunge v Sirimal and others (1993) 1 SLR 264 which states as follows:

“Stifling the peaceful expression of legitimate dissent today can only result, inexorably, in the catastrophic explosion of violence some other day.”



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Bid to use private member’s motion to put off LG polls alleged

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By Shamindra Ferdinando

Former Foreign Minister Prof. G. L. Peiris has questioned the rationale behind President Ranil Wickremesinghe’s warning that the military will be deployed to curb protest vis-a-vis a Foreign Ministry undertaking to boost foreign trade and investment.

Addressing the Parliament, during the Budget committee stage debate, on 28 Nov., Prof. Peiris said the Foreign Ministry couldn’t expect to succeed in economic diplomacy while the government was resorting to repressive measures.

Prof. Peiris asked who would want to invest in a country where the people were warned of dire consequences if they held protests, and elections were arbitrarily postponed.

Referring to the long overdue Provincial Council polls, Prof. Peiris discussed how postponement of scheduled Local Government polls could further jeopardise Sri Lanka’s standing among the international community.

Prof. Peiris alleged that the government was planning to use private members’ motion submitted by Attorney-at-Law Premanath C. Dolawatta (SLPP, Colombo District) to put off scheduled Local Government polls further. The ex-Minister claimed that the motion meant to enhance youth representation in governance would be utilised to delay the polls indefinitely. He recalled how the Yahapalana government had postponed the Provincial Council elections indefinitely.

The rebel SLPP Chairman pointed out that the government had chosen MP Dolawatta’s motion, handed over recently, though SJB’s Imthiaz Bakeer Markar submitted a private member’s motion on the same lines much earlier.

MP Dolawatta handed over a copy of his motion to President Ranil Wickremesinghe on Oct 31. Prof. Peiris said that they wouldn’t find fault with the lawmaker for making proposals which the academic said were timely.

Prof. Peiris warned Foreign Minister Ali Sabry, PC, that Sri Lanka wouldn’t be an appealing destination for investments unless the government adopted tangible measures to curb corruption. Shocking disclosures at parliamentary watchdog committees underscored that corruption was at unprecedented level and needed immediate attention.

Speaking on behalf of the breakaway SLPP faction, Nidahasa Jathika Sabhawa aka Freedom People’s Congress Prof. Peiris said that the recent declaration by the World Bank that it would audit the procurement and distribution of fertiliser here meant that the world had no faith in our system.

Commenting on assurances given by the government that a new Anti-Corruption Bill would be introduced soon, Prof. Peiris said that existing laws were quite sufficient. The issue at hand is absence of political will to battle corruption, the former Minister said, meant flight of professionals and intolerable increase in taxes on business wouldn’t encourage Foreign Ministry’s drive.

At the onset of his speech, lawmaker Peiris asked whether the government was genuine about the recent declaration that the national issue could be resolved by the enactment of a new Constitution by the next Independence Day. Who would take such a promise seriously against the backdrop of all previous attempts undertaken by far more stable governments failing to achieve the desired results? the former law professor asked. The former minister also questioned the feasibility of forming an apparatus on the lines of the Truth and Reconciliation Commission of South Africa. Prof. Peiris asked whether those now at the helm really had the wherewithal to meet the South African standards.

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State FM assures there won’t be shortage of milk powder

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State Finance Minister Ranjith Siyambalapitiya told Parliament yesterday (29) that there would be no shortage of milk powder in the coming days due to the Customs holding a consignment of six containers of milk powder, imported into the country, for violating regulations.

Minister Siyambalapitiya said the six containers had 105,375 kilos of full cream milk powder, imported from New Zealand, via Malaysia. It reached the Colombo port on 20 Oct. It was only after the consignment had arrived in the Port that the importers submitted the letters to get the consignment released from the Controller Imports and Exports. Arrangements would be made to release the stock from the harbour on the recommendation of the Secretary to the Ministry of Trade and Food Security.

As such, there is no need for permission from the Controller Import and Export to release the stock, the minister said, adding that there were no limitations imposed on importing milk powder and there would be no cause for panic buying in fear of a shortage of milk powder in the coming days.

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Dolawatta responds to GL

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premanath-c-Dolawatta

SLPP MP Premanath C. Dolawatta said his private member’s motion wouldn’t lead to the postponement of local government polls. He said he felt the need to restore the 25% quota for youth, even before he entered Parliament, consequent to the August 2020 general election. The government and the Opposition could quickly reach a consensus on the proposals, and avoid unnecessary complications. MP Dolawatta said so when The Island sought his response to accusations made by Prof. Peiris, who said that time was rapidly running out for Local Government polls. As the nomination process needed to be commenced soon to ensure that 341 Local Government bodies could be constituted by 20 March 2023.

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