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Drafting New Constitution: Wijeyadasa wants PSC to handle the process

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SLPP lawmaker, Dr. Wijeyadasa Rajapakshe, PC, has questioned the appointment of an expert committee to formulate a new Constitution.

The former Justice Minister has, in a letter dated Oct 12 to President Gotabaya Rajapaksa, alleged that the nine-member committee couldn’t fulfil the aspirations of the President and the country’s population.

Romesh de Silva, PC, heads the committee appointed by the Cabinet of ministers in the first week of Sept. 2020. The committee includes Gamini Marapana, PC, Manohara de Silva, Sanjeewa Jayawardena, PC, Prof. Naseema Kamurdeen, Dr. A. Sarveshwaran, Samantha Ratwatte, PC, Prof. Wasantha Seneviratne and Prof. G.H. Peiris.

SLPP Chairman and Education Minister Prof. G.L. Peiris recently said that the committee was engaged in the constitution making process. Prof. Peiris has said the draft proposal could be prepared in 2021.

Rajapakshe emphasised the MPs were responsible for formulation of new laws and ensuring financial discipline. Parliament couldn’t devolve its responsibilities, Dr. Rajapakse said. If the Justice Minister couldn’t undertake the constitution making process, a Parliamentary Select Committee (PSC) should be entrusted with the task. The PSC could secure the services of experts though the process couldn’t be handed over to them, under any circumstances.

Strongly countering accusations that the 19th Amendment to the Constitution enacted in 2015 undermined national security, lawmaker Rajapakse alleged the conduct of yahapalana leaders had caused the crisis. The former minister explained that the then Premier Ranil Wickremesinghe had exercised the power to appoint ministers whereas President Maithripala Sirisena was constitutionally empowered to allocate subjects. Lawmaker Rajapakshe alleged that it was the primary reason for their clash. Pointing out that there couldn’t be any issue between the incumbent President and the Prime Minister, lawmaker Rajapakse questioned the undue haste to enact proposed 20th Amendment instead of taking tangible measures to introduce a new Constitution as promised in the run-up to 2019 presidential and 2020 general elections.

Wijeyadasa Rajapakse switched allegiance to Gotabaya Rajapaksa in the run-up to the 2019 presidential election, having entered parliament in 2015 on the UNP ticket.

In his letter copied to Mahanayaka Theras, Archbishop of Colombo Malcolm Cardinal Ranjith, Hindu and Muslim religious leaders, the Prime Minister, Leader of the House, Opposition Leader and leaders of all political parties, Dr. Rajapakshe made several suggestions as regards the proposed new Constitution. Among the suggestions are (1) uniformity in the conduct of parliamentary, provincial councils and local government polls (2) an alternate system for Provincial Councils, strengthening of Local Government system et al.

The Lawmaker warned of dire consequences in the event the US and China turned Sri Lanka into a battleground in the backdrop of rapid deterioration of the national economy. The former minister, while acknowledging the fallout caused by the corona epidemic, pointed out the catastrophe caused by massive loans obtained since 2005 in extremely unfavorable terms. Dr. Rajapakshe said that the foreign debt had surpassed Rs 13,000 bn.

MP Rajapakshe warned against a political battle over 20th Amendment at a time the country was in dire straits economically. He felt the need to issue a public statement as in spite of SLPP members calling for a meeting at Temple Trees last Friday, Oct 9, to discuss the current situation they were deprived of an opportunity to take up the 20th Amendment, the MP said.

Lawmaker Rajapakshe urged the President not to ignore growing protests against the 20th Amendment. Referring to a statement made by SLPP Chairman Prof. G.L. Peiris at the onset of the meeting, lawmaker Rajapakse emphasized that there was no basis for the Education Minister’s claim that the 19th Amendment deprived the President of an opportunity to remove the IGP. Lawmaker Rajapakshe insisted that the removal of the IGP and the AG was dealt with the Removal of Officers (Procedure) Act (No 5 of 2002). Therefore there was no connection between the 19th Amendment and the failure on the part of the President to remove the IGP, the former Minister said.

MP Rajapakshe also pointed out that contrary to the views expressed by Prof. Peiris with regard to Appointment of the Cabinet Sub-Committee on Economic Management under the Chairmanship of the Prime Minister Ranil Wickremesinghe following the 2015 general election was irrelevant as far as the 19th Amendment was concerned.

Former Minister Rajapakse, has again reminded the government of major faults in the proposed 20th Amendment with the focus on moves to cripple the state auditing process (SF)



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Wife, counsel seek regular access to ex-Spy Chief Sallay held under President’s detention order

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Suresh Sallay

Wife of former State Intelligence Chief Maj. Gen. (Retd.) Suresh Sallay has asked CID Director retired SSP Shani Abeysekera to allow her, her family members and lawyers to visit her husband in the National Hospital, Colombo. Sallay’s counsel has also written to Abeysekera, asking for permission to visit the former spy held on a detention order signed by President Anura Kumara Dissanayake.

The text of Manori’s letter: “I respectfully request your assistance in granting me, and my daughter or alternatively my son, permission to visit my husband, Rtd. Major General Suresh Sallay, who is currently at the National Hospital, Colombo.

“As you are aware, my husband is presently engaged in a fast-unto-death campaign. His physical condition and emotional well-being are of deep concern to our family. During this difficult period, the presence and support of his immediate family are extremely important to him.

“I firmly believe that regular visits from me with our daughter or our son would help uplift his spirits, provide him with much-needed emotional strength, and may encourage him to reconsider continuing this course of action. Family support can play a vital role in preserving his mental and emotional health while he remains hospitalised.

“In view of these exceptional circumstances, I kindly request that permission be granted for either me and my daughter or my son to visit him daily during the period of his hospitalisation.

“I would be most grateful for your compassionate consideration of this request.”

“The text of the counsel’s letter: “I write in my capacity as Counsel for Rtd. Major General Suresh Sallay, who is presently under detention and admitted to the National Hospital, Colombo.

As you are aware, Major General Sallay has embarked on a fast-unto-death campaign, giving rise to serious concerns regarding his physical and mental well-being. In these circumstances, it is imperative that I be granted reasonable and regular access to my client during his hospitalisation.

As his legal representative, I have a professional obligation to monitor his condition and obtain instructions from him so that I may accurately apprise the relevant courts of his health status and any developments affecting his rights and welfare. Effective legal representation requires continuous communication with my client, particularly in light of the grave circumstances presently confronting him.

I also wish to respectfully highlight that Major General Sallay has placed explicit trust and confidence in me as his counsel. Indeed, I was the first person he contacted following his arrest.

Given the trust he reposes in me, I believe I am uniquely positioned to engage with him constructively and persuade him to discontinue this campaign and instead place his confidence in the legal remedies and judicial processes available to him.

For these reasons, I respectfully request that I be granted permission to visit my client on a daily basis during the period of his hospitalization.

Such access would not only facilitate the discharge of my professional responsibilities but may also contribute meaningfully towards safeguarding his health and encouraging a resolution through lawful and institutional means.

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CIABOC summons Yoshitha over his participation in British Navy training programme

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Yoshitha

Yoshitha Rajapaksa, who served as a Lieutenant in the Sri Lanka Navy, has now been summoned to the Commission to Investigate Allegations of Bribery or Corruption next Tuesday (16) for questioning over his participation in a Royal Navy training programme in the United Kingdom outside established procedures.

The Commission is expected to record statements in relation to several complaints received regarding his recruitment and subsequent service in the Navy after he enlisted on December 14, 2006.

According to sources, the investigation focuses on allegations concerning the educational qualifications considered at the time of his enlistment, as well as foreign training opportunities he is said to have received while in service, which are suspected to have been granted in violation of due process.

The Bribery Commission has launched the inquiry under the provisions of the Anti-Corruption Act, officials said.

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Communist Party condemns ill-treatment of Sallay, calls for review of PTA

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Dr. G. Weerasinghe

Sri Lanka Communist Party has urged the NPP government to initiate a credible review of the PTA (Prevention of terrorism Act) and related practices that enable arbitrary detention and torture.CPSL General Secretary Dr. G. Weerasinghe issued the following statement regarding the arrest of retired Maj. Gen. Suresh Sallay:

The CPSL expresses its deep concern over the continued detention of former Intelligence Chief Major General (retd.) Suresh Sallay, who was arrested on 25 February and has now been held for 95 days under the PTA.

Maj. Gen. Sallay’s initial detention under the PTA was for 90 days, after which the Colombo Magistrate extended his period of custody. The CPSL notes that the PTA was specifically referenced in the 2024 manifesto of the ruling New People’s Power (NPP) — “A thriving nation, a beautiful life” – which promised the “abolition of all oppressive acts including the Prevention of Terrorism Act (PTA) and ensuring civil rights of people in all parts of the country.” The party calls attention to this commitment and urges that it be honoured in both letter and spirit.

 The CPSL is alarmed by reports from legal counsel and medical personnel alleging that Major General Sallay has suffered both physical injuries and severe psychological distress while in custody. President’s Counsel Shavindra Fernando informed the Court that the Judicial Medical Officer’s report diagnosed Maj. Gen. Sallay with post-traumatic stress disorder, anxiety and depression, and identified injuries at five locations on his body. The report, counsel says, indicates alleged torture.

Further, counsel and family members have raised serious complaints about inhumane treatment in detention. Mrs. Manori Sallay has filed a formal complaint with the Inspector General of Police alleging inadequate food, lack of basic sanitation and other inhumane conditions. Additional court submissions stated that Maj. Gen. Sallay was denied proper meals, and on one night was reportedly served rice with gravy on a piece of newspaper placed on the cell floor. By contrast, media reports indicate that some detainees have been permitted access to the CID canteen.

The CPSL acknowledges the necessity of lawful procedure in the investigation and prosecution of criminal and terrorism cases. At the same time, the party is compelled to note credible allegations that proper procedure has not been followed in this case. These lapses reinforce concerns that the arrest and continued detention may be politically motivated.

 Human rights organisations have long criticised the PTA as a draconian statute that facilitates prolonged arbitrary detention without trial and creates opportunities for torture and coerced confessions. The CPSL reiterates these concerns and underscores the contradiction between the NPP’s manifesto pledge to abolish oppressive legislation and the continued use of the PTA in this instance.

The Communist Party of Sri Lanka therefore calls on the Government and relevant authorities to:

Immediately ensure that Major General Suresh Sallay receives full medical care and protection from further mistreatment.

Make public the full medical report of the Judicial Medical Officer and permit independent medical examination by a qualified neutral body.

Adhere strictly to legal procedure in the investigation and prosecution of this matter, ensuring access to counsel, adequate food, sanitation, and humane detention conditions.

Provide transparent justification for any further extensions of detention under the PTA and allow timely judicial review in accordance with constitutional safeguards.

Honour the NPP manifesto pledge by initiating a credible review of the PTA and related practices that enable arbitrary detention and torture.

The CPSL stands for the rule of law, human dignity and civil rights. While recognising the state’s responsibility to investigate genuine security threats, the party will not remain silent where there are credible reports of abuse, procedural irregularity, and possible political motivation. The CPSL will monitor the case closely and urge civil society and human rights bodies to do the same.”

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