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EC: HC judgment won’t bar Premalal from contesting

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… former, present polls monitors differ

By Shamindra Ferdinando

Election Commission (EC) Chairman Mahinda Deshapriya yesterday (3) said that the recent Ratnapura High Court ruling, in respect of the 2015 January Kahawatte killing, wouldn’t bar SLPP candidate Premalal Jayasekera from contesting the parliamentary polls on August 5.

 Deshapriya said so when The Island asked for comment on the Ratnapura, High Court sentencing the SLPP candidate, along with two others, to death, over the killing of a person backing the then common candidate Maithripala Sirisena.

At the time of the incident, Jayasekera held the post of Deputy Minister in the SLFP-led UPFA government.

Deshapriya said that there had never been a similar case before though there had been cases of elected lawmakers being unseated after being found guilty by courts.

 “We’ll discuss the issue at hand after the election and decide what to do,” Deshapriya said, adding that there was no change in the status quo as a result of the Ratnapura HC ruling.

The EC consists of Mahinda Deshapriya, Prof. Ratnajeevan Hoole and Nalin Abeysekera, PC.

CMEV (Center for Monitoring Election Violence) spokesman Manjula Gajanayake told The Island that the top SLPP leadership should have considered all aspects before accommodating the former lawmaker on the Ratnapura nomination list. The SLPP could have easily avoided what Gajanayake called unnecessary complication by fielding another in place of Jayasekera, Gajanayake said. The polls monitor pointed out that the SLPP was aware that the Kahawatte case had been heard and the ruling was pending.

Responding to another query, Gajanayake said that the EC as well as political parties, especially those represented in parliament would have to address the issue.

Ratnapura District SLPP list comprises Vasudeva Nanayakkara (leader), Pavitradevi Wanniarachchi, Janaka Wakkumbura, John Seneviratne, Premalal Jayasekera, Dunesh Gankanda, Akila Ellawala, Sanee Rohana Kodituwakku,  Ranjith Bandara, Gamini Waleboda, Muditha Prishanthi, Hettiarachchige Lakshman Premaratne, Athula Kumara Rahubadda and Miyuru Bhashitha Liyanage. SLPP’s 14 candidates, include six former lawmakers. Of them, Dunesh Gankanda was elected from the Ratnapura district on the UNP ticket at the last parliamentary polls in August 2015.

 The SLPP should blame itself for the crisis, Gajanayake said.

 On Feb 26, 2019 four suspects who had been charged with killing of an individual in Kahawatta during the 2015 presidential polls campaign were acquitted and released by the High Court of Ratnapura. However, Jayasekera and two others remained as accused.

 Executive Director of PAFFREL (People’s Action for Free and Fair Election) Rohana Hettiarachchi told The Island that at the time Jayasekera received nomination he hadn’t been found guilty by High Court of Ratnapura. Therefore, there couldn’t be an issue in voters exercising their franchise for Jayasekera tomorrow, Hettiarachchi said. However, the EC would have to seek legal advice before Jayasekera received oaths as a member of parliament. 

 The police arrested Jayasekera in the Beruwela police area while he was hiding after the high profile Kahawatte killing.

 CaFFE (Campaign for Free and Fair Elections) head Ahamed Manas Makeen told The Island that the electorate should exercise their franchise for those who had clean records. Those who abused women and children or encouraged such practices, bribery and corruption and engaged or promoted violence or extremism shouldn’t be encouraged. Makeen said that the CaFFE stand was relevant to all districts not only Ratnapura where a candidate was sentenced to death.

 However Makeen’s predecessor, Rajith Keerthi Tennakoon, in a letter dated Aug 2 addressed to the EC, on behalf of the Samagi Jana Balavegaya (SJB) said that in terms of the Article 89 of the Constitution a convicted murderer is automatically deprived of the right to exercise his franchise. Therefore, Jayasekera couldn’t vote at tomorrow’s general election, Tennakoon said, pointing out that in terms of Article 91 of the Constitution, a person disqualified to vote at the general election couldn’t contest. Tennakoon urged the EC to advice the Returning Officer of Ratnapura accordingly without delay.

 Keerthi functions as the SJB representative at the EC.

 SLPP Chairman Prof. G.L. Peiris said that they were watching the situation.

 



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Prison rules to be revised over monks’ attire

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Harshana

Appointment of committee eyewash, says UNP

The government is considering changes to prison regulations pertaining to the treatment of Buddhist monks serving jail terms, including their right to wear monastic robes when taken outside prison.

Justice and National Integration Minister Harshana Nanayakkara announced the proposed changes yesterday (14) following the submission of an interim report by a committee appointed to review the rules and procedures governing prisons.

The report was handed over to Secretary to the President Dr Nandika Sanath Kumanayake at the Presidential Secretariat.

One of the key recommendations is to amend Prison Standing Order 356 by introducing a new provision, 356(A). The proposed revision would require prison authorities to consult the Department of Buddhist Affairs on the removal of a monk’s robes upon admission to prison. The Commissioner of Prisons would be allowed 10 days to notify the department and take the necessary steps.

A separate amendment to Departmental Order 550 would allow Buddhist monks to wear their robes whenever they are taken outside prison, unless their respective Nikaya formally requests that the privilege be withdrawn.

The committee has also recommended extending similar arrangements, with suitable modifications, to members of other religious clergy who are imprisoned.

The proposals follow concerns raised over the treatment of Ven. Galagoda Aththe Gnanasara Thera after he was taken into custody. President Anura Kumara Dissanayake subsequently held discussions with representatives of the three main Buddhist Nikayas and appointed the committee to examine the existing legal framework.

Nanayakkara said the interim report had been forwarded to the Acting Commissioner General of Prisons, along with instructions to revise the relevant standing orders in accordance with its recommendations.

The proposed amendments have yet to be confirmed as formally implemented.

Meanwhile, the UNP yesterday criticised the government’s decision to appoint a committee to make recommendations on the attire to be worn by imprisoned Buddhist monks and other religious leaders when taken outside prison, describing the move as unnecessary.

In a statement issued yesterday (14), the UNP said the procedures governing the matter were already clearly set out in the Department of Prisons’ Standing Orders, making the appointment of a separate committee unwarranted.

The party cited remarks by Professor G.L. Peiris, Convenor of the Janathawadi Joint Opposition, who had described the committee’s appointment as a

“complete eyewash” and questioned the need for such a move.

Referring to Standing Order 550 of the Prisons Department, the UNP said convicted prisoners appearing before court for legal proceedings should not be required to wear prison uniforms.

It further stated that the regulations allowed prisoners to wear civilian clothing consistent with what they wore before imprisonment, including attire appropriate to their cultural and religious backgrounds.

The UNP accused the government of unnecessarily prolonging the issue by appointing a committee, despite the existence of regulations governing prisoners’ attire.

The party also called on the government to seek forgiveness from the Mahanayake Thera and the Sangha Council of the Kotte Sri Kalyani Samagri Dharma Maha Sangha Sabha of the Siyam Maha Nikaya over the decision concerning the religious attire of Ven. Galagoda Aththe Gnanasara Thera.

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AC President recuses himself from hearing prison attire case pertaining to Gnanasara Thera

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Court of Appeal President Justice Rohantha Abeysuriya yesterday withdrew from the bench hearing petitions challenging the decision by prison authorities to require Ven. Galagoda Aththe Gnanasara Thera to wear prison attire following his imprisonment.

The decision was announced when the petitions seeking to invalidate the prison authorities’ decision were taken up for consideration on October 14.

Following his withdrawal, a three-judge bench was appointed to hear the petitions.

The petitions relate to the prison authorities’ decision to require Gnanasara Thera to wear prison attire after he was taken into custody to serve the remainder of his sentence for contempt of court.

In September this year, the Supreme Court annulled the presidential pardon granted to Gnanasara Thera by former President Maithripala Sirisena in May 2019.

Following the ruling, the Court of Appeal directed the Commissioner General of Prisons to take the necessary steps to enforce the remainder of the monk’s prison sentence.

Gnanasara Thera had originally been sentenced to six years’ imprisonment for contempt of court but had served only around nine months before receiving the presidential pardon in 2019.

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Court orders steps to obtain INTERPOL Red Notice against Basil

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Basil

The Fort Magistrate’s Court yesterday issued an arrest warrant for former Minister Basil Rajapaksa over the alleged misuse of funds belonging to the Sri Lanka Tourism Promotion Bureau during the 2014 Uva Provincial Council election.

The Magistrate also directed the CID Illegal Assets Investigation Division to take necessary steps to obtain a Red Notice through Interpol.

The orders were issued following submissions made by the CID in connection with the alleged financial irregularities.

The CID’s Illegal Assets Investigation Unit informed the court that Rs. 7.8 million allocated to the Sri Lanka Tourism Promotion Bureau in 2014 had allegedly not been used for the Bureau’s promotional activities.

Instead, the funds had allegedly been used to provide 12,000 T-shirts during the Uva Provincial Council election, causing a financial loss to the government, the CID told court.

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