by (Dr) Jayampathy Wickramaratne,
President’s Counsel

One area of focus of the ‘Clean Sri Lanka’ programme, initiated by the new government, that has enthused the people at large is the drive to clean the environment. People affected by intense noise hope that cleaning the environment will not be limited to keeping public spaces clean but will also address the issue of noise pollution. This is evident from letters to newspapers and social media posts calling upon the authorities to deal with noise pollution from varied sources, such as entertainment, places of religious worship, vehicular traffic, construction and industrial activities as part of ‘Clean Sri Lanka’.

I write this piece not only as one having an interest in fundamental rights but also as a victim of noise pollution. In the locality where I live, off Rajagiriya, residents have for years been subjected to intense noise forced upon them, mainly by music but also by fireworks, emanating from events conducted on the premises of a government-owned institution. Complaints to the institution, as well as to the Police, bore no results. I refrain from naming the institution as the matter is under investigation by the Human Rights Commission, and the new management of the institution has promised us that remedial measures will be taken.

While the ‘Clean Sri Lanka’ programme was in full swing, a group of tourists, participating in a musical event in the Weligama area, had objected vociferously to the Police prohibiting the use of loudspeakers after 10 p.m. when the period for which a permit had been issued ran out. One female tourist is heard, in a video of the incident, saying that not allowing the use of loudspeakers will adversely affect tourism.

Reacting to the incident, two government spokespersons said that the present government cannot be blamed as the Police were only giving effect to a judgment of the Supreme Court. Not stopping at that, they said that steps would be taken to have the judgment revised. It might interest readers to know that the then Deputy Minister of Tourism, Diana Gamage, made a similar statement in October 2022.

Supreme Court on noise pollution, Ashik v. Bandula

The judgment referred to is Ashik v. Bandula and others, reported in [2007] 1 Sri Lanka Law Reports on page 191, which was widely welcomed. The case commenced as a fundamental rights application by the trustees of a mosque in Weligama against the Police for refusing a loudspeaker permit. The Police contended that residents in the area had complained of noise pollution due to the excessive use of the loudspeakers by three mosques. The Supreme Court noted that the application raised fundamental issues with regard to sound pollution and standards that the Central Environmental Authority (CEA) should enforce. The CEA was accordingly added as a party. Environmental Foundation Limited was permitted to intervene. The court proceeded with the case as being of public interest.

Noting that our country has probably the oldest jurisprudential tradition of a secular approach in dealing with a public nuisance, the Court referred to the 1895 case of Marshall v. Gunaratne Unnanse where the Supreme Court upheld that conviction of the principal trustee of a Buddhist Vihara in Colombo who was charged under the then applicable section 90 of the Police Ordinance for creating noise in the night and disturbing the neighbourhood.

The Supreme Court referred to Re Noise Pollution, a celebrated case decided by the Indian Supreme Court, noting that the latter Court had firmly rejected the contention that there is a fundamental right to make noise associated with the freedom of speech and expression. The Chief Justice of India delved into the etymology of the term “Noise” and noted that it is derived from the Latin word “Nausea”, defined as unwanted sound, a potential hazard to health and communication dumped into the environment without regard to the adverse effect it may have on unwilling ears.

Chief Justice Lahoti continued: “Noise is more than just a nuisance. It constitutes a real and present danger to people’s health. Day and night, at home, at work, and at play, noise can produce serious physical and psClean Sri Lanka and Noise Pollution (Part I)ychological stress. No one is immune to this

stress. Though we seem to adjust to noise by ignoring it, the ear, in fact, never closes and the body still responds —sometimes with extreme tension, as to a strange sound in the night. … Noise is a type of atmospheric pollution. It is a shadowy public enemy whose growing menace has increased in the modern age of industrialisation and technological advancement. … Nobody can claim the fundamental right to create noise by amplifying the sound of his speech with the help of loudspeakers. While one has a right to speech, and others have a right to listen or decline to listen. Nobody can be compelled to listen and nobody can claim that he has a right to make his voice trespass into the ears or mind of others. Nobody can indulge in aural aggression.”

The Sri Lankan Supreme Court held that there was no dispute that people have been denied equal protection of the law by the failure of the executive to establish by way of regulations an effective legal regime as mandated by the National Environmental Act to safeguard the public from the harmful effects of noise pollution. The facts also reveal that there are no guidelines for the effective implementation of the applicable provisions of law so as to provide to the people equal protection of the law guaranteed by Article 12(1) of the Constitution. Accordingly, the Court considered it to be just and equitable in the circumstances of the case to make the following directions:

(i) That the emission of noise by the use of amplifiers, loudspeakers or other equipment or appliances which causes annoyance to the public or to the people in general who dwell or occupy property in the vicinity be considered a public nuisance in terms of section 261 of the Penal Code and that the Police should entertain complaints and take appropriate action for the abatement of such public nuisance;

(ii) That all permits issued by the Police under section 80(1) of the Police Ordinance shall cease to be effective forthwith;

(iii) That no permits shall be issued in terms of section 80(1) of the Police Ordinance for the use of loudspeakers and other instruments for the amplification of noise as specified in that section covering the period 10 p.m. (night) to 6 a.m. (morning). Such permits may be issued for special religious functions and other special events only after ascertaining the views of persons who occupy land premises in the vicinity, a record of such matters to be maintained and the grant of any such permit shall be forthwith reported to the nearest Magistrate Court;

(iv) That in respect of the hours from 6.00 a.m. to 10.00 p.m., permits may be issued for limited periods of time for specific purposes subject to the strict condition that the noise emitted from such amplifier or loudspeaker or equipment does not extend beyond the precincts of the particular premises.

(v) Where a permit is issued in terms of section 80(1) as provided in direction (iii) and (iv) sufficient number of Police Officers should be designated and posted to the particular place of use to ensure that the conditions imposed are strictly complied with;

(vi) That the Police will make special arrangements to entertain any complaint of a member of the public against any person guilty of an offence of public nuisance as provided in section 261 of the Penal Code or of using any loudspeaker, amplifier or other instrument as provided in section 80 of the Police Ordinance contrary to any of these directions and take immediate steps to investigate the matter and warn such person against a continuance of such conduct. If the conduct is continued after that warning to seize and detain the equipment as provided in section 80(4) of the Police Ordinance and to report the matter to the Registrar of this Court.

The Inspector General of Police was directed to submit a report to the Court as to the action taken on the judgment. IGP’s Circular No. 2031/2007 and Crime Circular 17/2007 were issued in conformity with the judgment. A few years later, following representations made mainly by artistes to President Mahinda Rajapakse, the State requested the Supreme Court to extend the time period of permits during weekends.  This request was granted.

Accordingly, the Supreme Court directed that musical and cultural shows should be brought to an end at 1.00 a.m. on Fridays and Saturdays and 12.30 a.m. on Sundays. What is important to note is that no change was made to the strict condition made by the Court that noise emitted from an amplifier, loudspeaker or equipment should not extend beyond the precincts of the particular premises.

Southern hoteliers protest relaxing noise laws

The government’s response to a small group of tourists wanting to make merry, unmindful of the rights of the residents of the area, was clearly a knee-jerk reaction. Its spokespersons went to the extent of adding that not permitting loudspeakers till late would adversely affect the tourist industry.

These responses triggered an immediate backlash from citizens concerned with the environment, especially those affected by noise pollution. The Facebook group National Coalition Against Noise Pollution (Shabda Dooshanayata Erehi Jathika Ekamuthuva — type in Sinhala fonts to visit the page) is at the forefront.

The authorities may not have expected opposition from the tourist industry itself. At a media briefing in Galle on 27 January, the Southern Province Tourist Hoteliers Association said that tourists vehemently oppose intense noise. There have been instances of tourists demanding that room charges be paid back and moving out when unable to bear the noise. “Tourists come to Sri Lanka to enjoy the beaches, wildlife and places of historical interest in a relaxing environment. Those who visit discos are drug users. It is they who want noise, not genuine tourists,” the Association explained. A hotel owner from Unawatuna, who had been in the business for 20 years, said that his clients had asked for their money back and left the hotel when disturbed by the intense noise from discos in the neighbourhood. If discos are to be operated, the halls must be constructed so as not to let out sound, he explained —the same condition that our Supreme Court had imposed. A German national whose husband is in the tourist trade in Sri Lanka expressed similar sentiments and blamed Sri Lankan authorities, including the Police, for turning a deaf ear to tourists’ complaints. That tourists want discos and musical shows at night is a misconception, she added. (To be concluded).

singer/entertainer with a bubbly personality, Suzi Croner (Flückiger) of Friends fame, and who is now based in Switzerland, is heading this way again.

She was in Sri Lanka during the festive season, connected with some family commitments, and was also involved in a few gigs, especially at the Cheers Pub with Manilal Perera.

This time, too she will be in action, with Manilal, at the Cheers Pub.

Says Suzi: “To all my friends … yes, the news is that I’m performing, once again, in Sri Lanka, at the newly opened Cheers Pub at the Cinnamon Grand.

“I will be action with Manilal … on 13th 14th and 15th February. My farewell performance is scheduled for 21st February, at ‘Country Nite’ and then I will be back to base – Switzerland.

In the meanwhile, Roger Menezes, who is in town, from Sydney, will be featured at the Broadway Restaurant and Pub, at Station Road, Dehiwela, on Valentine’s Day, for a night of hits and memories, from 7.00 pm onwards.

“Always do right. This will gratify some people and astonish the rest. – Mark Twain”

by Prof. Asoka S. Seneviratne

The recent disclosure by the Cabinet Spokesman and Minister Dr. Nalinda Jayatissa to the Parliament of 43 former Government Ministers and MPs who received Rs. 1.224 billion as compensation for the property damage incurred during the 2022 Aragalaya (Struggle) protest astonished the public for many reasons. First, until the disclosure mentioned above, there was not even a slight indication of compensation payments by the previous government or from those ministers and MPs who made massive cries about the damages caused to their properties. Second, it is the vast amounts they have claimed in compensation against the provision of the Disaster Management Act in 2005. Third is the massive exploitation by the 43 politicians in many ways, particularly in the bankrupt economy. Finally, selfish politicians entirely disregarded people’s sufferings in a bankrupt economy. This paper aims to explain the above because there is a mounting protest by the public about the Rs. 1.224 billion compensation payment.

Aragalaya or People’s Struggle and Property Damage.

First of all, I must say that none would support and approve any property damage or vandalism. The civilized world vehemently condemns such vicious acts.

Aragalaya was the outcome of the people’s mounting or unprecedented sufferings, which the UNP and SLFP politicians have caused from time to time since 1948. At independence, Ceylon was next to Japan in economic development, but it declared bankruptcy in 2022. It is not intended to provide details on the above, as I have published about the causes and reasons for Aragalaya. However, what is important is the background that caused property destruction. The Rajapaksa Regime, headed by Mahinda Rajapaksa (MR), directly advised their supporters to go and attack the peaceful or innocent demonstrators at the Galle face Green. In short, it was a state-organised terror attack. People in many parts of the country retaliated to the above, causing property damage. This is the truth. Given the above, compensation payment is only one aspect. At the same time, there are two other aspects. First, people, including Mahinda Rajapaksa, who is responsible for attacking the peaceful demonstrators in the Galle face Green, must be prosecuted.

Second, people who caused the property damages must be charged, and such people are liable for damages.

Excessive Damage Claims by the SLPP Culprits

Forty three former SLPP Ministers and MPs had claimed a total of Rs. 1.224 billion in compensation. I am listing the names and amounts for analytical purposes. The following have been paid less than Rs 2.5 million. Kapila Nuwan Athukorala Rs. 504,000, Wimalaweera Dissanayake Rs 550,000, Geetha Kumarasinghe Rs 972,000, Janaka Tissakuttiarachchi Rs 1.1 million, Gunapala Ratnasekera Rs 1.4 million, Premnath Dolawatte Rs 2.3 million, Priyankara Jayaratne Rs 2.3 million and S. Athukorala Rs 2.5 million. The total number of MPs is 8. The following MPs have been paid between Rs 2.8 million and Rs. 10.55 million. Jayantha Ketagoda Rs 2.8 million, Wimal Weerawansa Rs 2.9 million, Channa Jayasumana Rs 3.3 million, Akila Ellawala Rs 3.5 million, Chamal Rajapaksa Rs 6.5 million, Asoka Priyantha Rs 7.2 million, Chandima Weerakkody Rs 6.9 million, Samanpriya Herath Rs 10.5 million, and Janaka Bandara Thenekoon Rs. 10.55 million. The total number of MPs is 9. The following MPs have been paid between Rs 11 Million and Rs. 30 Million. Rohitha Abeygunawardena Rs 11.6 million, Seetha Arambepola Rs 13.7 million, Sahan Pradeep 17.1 million, Shehan Semasinghe Rs 18.5 million, Indika Anuruddha Rs 19.5 million, Milan Jayatilaka Rs 22.3 million, Ramesh Pathirana Rs 28.1 million, Duminda Dissanayake Rs 28.8 million, and Kanska Herath Rs 29.2 million.

The total number of MPs. 9.

The following MPs have been paid between Rs 32 million and Rs. 43 million. D. B. Herath Rs 32.1 million, Prasanna Ranaweera Rs 32.7 million, W. Weerasinghe Rs 37.2 million, Santha Bandara Rs 39.1 million,Sanath Nishantha Rs 42.7 million and .S. M. Chandrasena Rs 43.8 million. The total number of MPs is 6.

The following MPs have been paid between Rs 50 million and 95.9 million. Siripala Gamlath Rs 50.9 million, Arundika Fernando Rs 55.2 million, Sumith Udukumubura Rs 55.9 million, Prasanna Ranatunga Rs 56. 1 million, Kokila Gunawardene Rs 58. 7 million, Mohan P. De Silva Rs 60.1 million, Nimal Lanza Rs 69.2 million, Ali Sabry Rahim Rs. 70.9 million, Gamini Lokuge Rs 74.9 million, Johnston Fernando Rs 93.4 million and Keheliya Rambukwella Rs 95.9 million. The total number of MPs is 11.

Keheliya Rambukwella has won the cup for the highest claim. As reported in the media, some former cabinet ministers and a deputy minister were massively compensated to the tune of over Rs. 60 million each. One of them was convicted of extortion and held the cabinet office pending appeal, and another spent several months in remand on corruption charges and resigned upon being arrested.

Compensation payments must be made according to the country’s laws because they are government funds or taxpayers’ money. The “2005 Damage Management Act” in Sri Lanka is officially called the “Sri Lanka Disaster Management Act, No. 13 of 2005.” This Act establishes a legal framework for managing disasters in the country, including setting up the National Council for Disaster Management and the Disaster Management Centre. According to the provision of the Act, the maximum amount paid for property destruction due to natural disasters or man-made causes is. Rs 2.5 million. However, one critical point is that 26 MPs have been paid well over Rs2.5 million or exponentially higher amounts. Another crucial point is Rs. 107.5 million is the total amount based on Rs—2.5 million per MP. Given the above, there is an overpayment of Rs. 1217 million. Clearly, those in power took advantage of or misused the system, while ordinary people struggled to receive even the most basic relief, such as crop damage relief.

Rs. 2.5 million compensation is impossible for many people unless they have political or other influence, which is the reality in the country. While between Rs. 11 million and Rs 44 million have been paid for 15 MPs, between Rs. 50 million and Rs. 95.9 million have been paid for 11 MPs. Famous culprits like Prasanna Ranatunga, Nimal Lanza, Ali Sabry, Rahim Gamini Lokuge , Johnston Fernando, and Keheliya Rambukwella are in the latter group. Compared to the above mentioned Rs 2.5 million maximum limit, Johnston Fernando and Keheliaya Rambukwella have raked nearly fifty times as damages. This is taxpayers ‘money. It seems that Aragalaya was a welcome gesture or disguised fortune for the SLPP MPs in any way. It must be mentioned that excess payment of Rs. 1.217 billion can be used for projects for the welfare and well-being of the poorest of the country, where about 60% do not have clean water for consumption.

Questions/Concerns Regarding Exploitation by the SLPP Culprits

As I stated, the civilised world does not tolerate property damage or vandalism. At the same time, a fair amount of compensation is accepted. However, there is mounting suspicion about the staggering amounts paid based on fake assessment or valuation. It is said that the government has done the damage assessments by a Ministry of Public Administration and Home Affairs committee. This committee worked based on the reports submitted by the Divisional Secretaries (DS). There is no doubt that Ministers and MPs forced DS for inflated damage amounts, which is the reality in the country. Generally, except for a few, all those SLPP Ministers and MPs were corrupt in many ways, so the people defeated them in the last general election.

It was a political Tsunami for them. When people struggled to meet basic needs, the SLPP Ministers and MPs leisurely and freely claimed unacceptable amounts for property damages with the support and consent of then-President Ranil Wickremesinghe (RW). He was looking for political gain or political support at the cost of taxpayers’ money. It was political bribery of RW. RW stated that he received an economy with bankruptcy. However, he used the bankrupt economy for corrupt practices, which was shameful. It shows his low-quality leadership. Those SLPP MPs caught by the political tsunami claimed unethical amounts in compensation and are now at home, shedding crocodile tears about the minor and temporary problems regarding rice and coconuts. Those Ministers and MPs who claimed shocking amounts must have submitted their Assets and Liabilities.

So, the bribery commission should check against the staggering claims or such asset accumulation. Also, 43 SLPP have tax files that must be checked against the claims. Some ministers and MPs must also have claims from the house and content insurance or fire insurance. If so, such double claims must be investigated by the authorities. Apart from those Ministers and MPs, other politicians of SLPP must have claimed damages. This is another concern that must be examined. Based on the Right to Information Act, the public can assess all the above-mentioned facts and figures. Indeed, the plate of the AKD/NPP government is full of economic and social issues left by the previous regimes since 1948. However, all the above concerns must be dealt with as soon as possible according to the law in the country to expose the nakedness of the SLPP culprit politicians. It is worth mentioning that 36 former MPs, most from SLPP, robbed or misused the President’s Fund. I wrote above with CT under “President’s Fund is a Tragedy”. SLPP means a den of thieves, and its leadership must take responsibility for the above.

People suffered massively before and after the Aragalaya. However, politicians did not care for them; that was the truth. Politicians had all comfort, luxury, and security. Politicians such as MR, is not ready to give up the above. They are still looking for the same comforts, luxuries and security until their die at the taxpayers’ expense which costs staggering amounts of money. Ministers and MPs of the AKD/NPP government live down-to-earth life, while the SLPP politicians want to secure the lost paradise in the quickest posible time. Mahinda, Gotabaya, and Basil Rajapaksa (The TRIO) named by Supreme Court (SC) as the men who by their continued inaction and callous disregard to take remedial action breached the public trust reposed in by the people.

This landmark SC decision was delivered in 2023, and the aftermath of the Aragalaya in 2022. In other words, people made enormous sacrifices during and after Covid and the economic crisis leading to Aragalaya. Given the above landmark decision by the SC, I argue that the Rajapaksa TRIO must compensate for the people’s suffering caused by the Rajapaksas similar to the compensation claims by the SLPP politicians for their sufferings or damages. In other words, Aragalaya was caused by the Rajapaksa TRIO, and the SLPP politicians reaped the maximum benefits aided by RW for property damage. Given the above, it reminds me of the infamous Great Train Robbery in the UK in 1963, which involved a massive US$74 million. It was a well-planned and executed heist. Damage caused by Aragalaya was not planned at all. However, there is no doubt that the staggering claims by 43 SLPP politicians had been well planned and executed. This is why it was unknown until Minister Dr. Nalinda Jayatissa exposed it a few days ago. Forty three SLPP politicians and others must be investigated for illegal and corrupt practices and mete out justice to the culprits as soon as possible. The down-to-earth life of the NPP politicians is an excellent example of the SLPP culprit politicians doing the right thing rather than talking like parrots for 24 hours. The same applies to the other politicians in the opposition. Amidst the above, the AKD/NPP government is batting well according to the people’s mandate.

Conclusion

The civilised world does not accept or tolerate property damage. At the same time, it is ethical that property damage must be compensated according to the law in the country. Given the bankrupt economy, the compensation claims by 43 SLPP culprit politicians amounting to Rs. 1.224 billion aided by RW are disgusting in many ways. The public protest is mounting, so all concerns must be investigated, and the culprits must be prosecuted accordingly, while excess amounts paid must be recovered. SLLP culprit politicians can learn from the down-to-earth life of the NPP politicians. The Rajapaksas caused the country’s bankruptcy which forced people to suffer massively in many ways. Like the SLPP culprits compensated by the government for property damage, the Rajapaksas must pay for the sufferings of the people. Amidst the Great Train Robbery by the SLPP culprits or the den of corrupt politicians of SLPP, the AKD/NPP government is batting well based on the people’s mandate.

*The writer worked as the Special Advisor to the Office of the President of Namibia for five years and was Senior Consultant with UNDP for 20 years. He worked as a senior economist with the Central Bank of Sri Lanka (1972-1993) before he migrated to New Zealand d. The author can be contacted: asoka.seneviratne@gmail.com