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Certain provisions in 20A inimical to rule of law, separation of powers and sovereignty of people – BASL

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A special committee, appointed by the Bar Association of Sri Lanka to study the proposed 20th Amendment to the Constitution and submit a report, is of the view some of the provisions therein are inimical to the rule of law, the administration of justice and the sovereignty of people.

The committee appointed on Sept 14, consisted of LMK Arulanandan PC (chairman), MM Zuhair PC, Prasantha Lal De Alwis PC, Nihal Jayawardene PC, Nalin Ladduwahetty PC, Maithri Wickremesinghe PC, Uditha Egalahewa PC, Mohan Weerakoon PC, ST Jayatunga PC, Priyal Wijeweera PC, Maurapada Gunawansha PC, Jagath Wickramanayaka PC and Shantha Jayawardana (Convenor).

The committee has observed, in its report, that the President being the repository of substantial powers under the Constitution should be held accountable for the exercise of those powers in accordance with the Constitution.

Referring to the Clause 5 of the Bill about the imunity of the President, the BASL committee says no person is above the law and granting absolute immunity from suit contrary to all known principles of the rule of law.

The committee has said it is inimical to the rule of law that the President should have control over the appointment of members of the Financial Commission and the Auditor General.The BASL committee says the appointment of the Attorney General should be made by the President subject to the approval of Parliamentary Council to ensure that the legislature and the executive provide necessary checks and balances relating to the appointment concerned.

About the proposed Parliamentary Council, which is to replace the existing Constitutionl Council, the BALSL committe has said: “The BASL of the view that the composition of the Parliamentary Council proposed by Clause 6 of the Bill is more conducive to the rule of law than the composition of the Constitutional Council contained in Article 41A of the Constitution. The inclusion in the Constitutional Council of persons who are not elected by the people is contrary to the sovereignty of the people and not conducive to the rule of law. The committee noted that non-elected members of the present Constitutional Council are not answerable to an organ of the State.”

The committee opines that it is imperative that the Executive should not have control of the appointment of judges or the members to the Judicial Service Commission. “Indeed, if there is one arm of government that should have control it is Parliament and not the president.”

The BASL is of the view that the President should not have absolute control over the judges of the Supreme Court and the Court of Appeal. It says these appointments should be made by the President subject to the approval of the Parliamentary Committee.

The BASL says the President as the repository of the executive, power should be able to exercise executive power as a minister of the cabinet.

The BASL says the act of vesting in the President unfettered power to dissolve Parliament is contrary to rule of law, the separation of powers and the sovereignty of people. “The legislative power of the people is exercised by Parliament. The Parliament is elected for a period of five years by the people. The legislature, the executive and the judiciary are co-equal organs of Government. The President as the head of the executive being granted the unfettered power to dissolve parliament at his whim albeit after one year but before the term of office of parliament has expired is contrary to the rule of law and the separation of powers. It is contrary to the sovereignty of the people.”



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CB Governor: Lanka now in a position to pay for essentials

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‘Inflation will not be as high as initially expected’

Inflation will not be as high as initially expected and there are signs of economy stabilising, Central Bank Governor Dr. Nandalal Weerasinghe says.Dr. Weerasinghe said that during the past few months a number of initiatives had been made to improve the economy and they were yielding the desired results.

“During the last review, we thought the inflation would reach 70%. However, now we believe that the inflation will not be that high even with the electricity tariff hike,” he said.

Dr. Weerasinghe said that the severity of the shortage of foreign currency had lessened. The country was now in a position to import fuel, gas and medicines.

“This has become possible because of the decisions we took. Imports have decreased. Export revenue has somewhat increased. Even without short-term loans we have been able to meet our basic needs. This is a positive development,” Dr. Weerasinghe said.The CB Governor said that inflation driven by demand had lessened because the expansion of loans had been curtailed.The supply side inflation too would drop with price and foreign exchange stabilisation.

“Still the inflation is about 60% and that’s why we need to maintain the current high policy rates. Once the government adjusts the fiscal policy, tax, and presents the new budget, things will improve. I think you can also see this. We are seeing positives,” he said.

Dr. Weerasinghe also urged exporters to bring back the foreign exchange earnings, and that the Central Bank had taken steps to ensure that exporters abided by the CB regulations.

“The irregularities due to open accounts, hawala and undial are being controlled and the black market premium is dropping. The foreign exchange liquidity in the banking sector has increased,” he said.

The Governor added that negotiations with the International Monetary Fund (IMF) had made good progress. An IMF delegation was expected to visit Sri Lanka by the end of August to reach a staff-level agreement.After Sri Lanka reached a staff-level agreement with the IMF, it had to start engaging with its creditors on debt restructuring.

“Once we reach an agreement with the IMF the situation will improve further,” he added. (RK)

(See related stories in the business section)

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CID arrests Mervyn 15 years after he forcibly entered Rupavahini

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By Norman Palihawadana

Former Minister Mervyn Silva was yesterday arrested by the Criminal Investigation Department (CID) for forcibly entering the Sri Lanka Rupavahini Corporation (SLRC) and attacking some employees there in 2007.On 27 Dec. 2007, Silva and his associates entered the SLRC premises and assaulted its news director for not airing a speech he had made in Matara.

SLRC employees held Silva incommunicado for hours, and the police intervened to secure his release. A few weeks later, some of the workers involved in the incident came under goon attacks.Mahinda Rajapaksa was the President at the time.

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Aeroflot affair: flights yet to resume; MP questions status of probe into detention of SU 289

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ByShamindra Ferdinando

Sri Lanka hadn’t been able yet to convince Russia to resume Aeroflot flights and tourists from there to Sri Lanka suspended in the wake of the detention of SU 289 at the Bandaranaike International Airport (BIA) on the afternoon of June 02, authoritative sources said.

Sri Lanka grappling with an unprecedented foreign exchange shortage desperately needs tourists from an important destination like Russia, which earlier accounted for a sizeable share of the incoming traffic. Responding to The Island queries, sources said that relevant authorities were in the process of looking into the issue at hand.Having summoned Sri Lanka’s Ambassador to Moscow Janitha Abeywickrema Liyanage soon after the incident at the BIA, the Russian Foreign Ministry issued a stern warning over the incident.

In the wake of the Russian warning, the then government took measures to lift restrictions imposed on the aircraft that was to be detained till June 16. The detained SU 289 was allowed to leave on June 06.Former Public Security Minister Rear Admiral Sarath Weerasekera yesterday (18) told The Island that no holds barred investigation was required to ascertain the truth.

Lawmaker Weerasekera said that the government should inform the Parliament of the progress of the investigation and what steps it intended to take as well as measures already taken to mend relations with Russia.

The retired Navy Chief of Staff said that those in authority should investigate whether a court ruling issued in respect of a case filed by Ireland-based Celestial Aviation Trading Company Ltd., against Aeroflot had been manipulated by interested parties.

It transpired that no sooner High Court Judge, S. M. H. S.P. Sethunge, in the Commercial High Court of the Western Province, Attorney-at-Law Aruna de Silva accompanied a fiscal officer of the same Court to the BIA at lightning speed to deliver the ruling.

Lawyer de Silva appeared for the plaintiff with Avindra Rodrigo, PC, (litigation) of FJ & G.de Saram, leading law firm from the colonial times. The law firm has previously declined to comment on this matter.High Court judge Sethunga is on record as having said that he didn’t order the BIA not to permit Aeroflot SU 289 to take off on the afternoon of June 02.

Attorney-at-Law Dasun Nagasena, Coordinating Secretary to Justice Minister Dr. Wijeyadasa Rajapakse, PC yesterday (18) said that the Justice Ministry recommended action against the Attorney-at-Law to the Chief Justice Jayantha Jayasuriya, PC. Nagasena said that the fiscal officer who served the Justice Ministry had been interdicted, pending further investigations. As regards the lawyer, it would be handled on the advice of the CJ, the official said. Responding to another query, the official said that the Justice Ministry hadn’t been informed yet of the progress of the investigations.

Ports, Shipping and Aviation Secretary K.D.S. Ruwanchandra yesterday said that ministry officials on Wednesday (17) discussed ways and means of resuming Aeroflot flights with relevant authorities, including the Russian embassy. Ruwanchandra said they were hopeful reaching a consensus on this matter soon. The official said so in response to The Island queries.

The Bar Association of Sri Lanka (BASL) President Saliya Pieris, PC, yesterday said that they could initiate an inquiry only on the basis of a formal complaint. He said so when The Island asked him whether the BASL initiated an inquiry into the lawyer’s conduct in this regard. The President’s Counsel said that normally the BASL wouldn’t launch an investigation into a matter inquired into by the CJ.

At the time of the BIA incident, Prof. G.L. Peiris had been the minister in charge of foreign affairs. Since the change of government, President Ranil Wickremesinghe has sworn in Ali Sabry, PC, as the new minister of foreign affairs.

Russia has pointed out that action was taken against SU 289 in spite of an assurance given by Sri Lanka in respect of regular flights to Colombo.Sri Lankan Airlines in late March suspended flights to Moscow in the wake of imposition of what the airline called operational restrictions in the wake of war between Russia and Ukraine.

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