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Govt. under pressure to introduce new Constitution before holding PC polls
SLPP PC Forum Members seeking divine intervention at Kataragama
for conducting of early polls (Borella police have pic courtesy SLPP)
SLPP PC members claim party wants early elections, but some monks disagree
By Shamindra Ferdinando
A group of Buddhist monks has appealed to President Gotabaya Rajapaksa and members of Parliament, representing all political parties, to put on hold Provincial Council polls, pending early enactment of the proposed new Constitution.
The group has, in a two-page letter dated March 29, 2021, stressed that the Provincial Council polls should be conducted in terms of the new Constitution as much desired changes were likely to be introduced in respect of the electoral system, as well as devolution of powers.
The signatories were Ven. Omare Kassapa, Ven. Muruththettuwe Ananda, Ven Bengamuwe Nalaka, Ven. Kirama Vimalajothi, Prof Ven Ithhademaliye Indrasara, Prof. Ven Madagoda Abayatissa, Prof. Malwane Chandrarathana, Ven Hegoda Vipassi, Ven. Valimitiyawe Gnanaratne and Prof. Ven Kapugollawa Ananda.
A nine-member team of experts led by eminent lawyer Romesh de Silva, PC, is engaged in formulating a new draft Constitution.
Referring to President Gotabaya Rajapaksa’s directive to conduct Provincial Council polls as early as possible, the monks said that they believed the declaration was made in the run-up to a high profile vote on an ‘accountability resolution’ on March 23. Asserting the presidential statement was meant to influence India to vote against the resolution moved by Western powers and their cronies, the monks pointed out India not only skipped the vote but demanded Provincial Council polls and full implementation of the 13th Amendment to the Constitution.
The group questioned the rationale in India raising purely a domestic matter at the Geneva-based United Nations Human Rights Council (UNHRC). Therefore, Sri Lanka shouldn’t succumb to unwarranted pressure in that regard, the group said, urging President Gotabaya Rajapaksa not to disappoint those who exercised their franchise in support of him at the 2019 presidential election and the 2020 general election.
The group also warned of unnecessary complications in amending the relevant laws-enactment of new Provincial Council Act or an amendment to pave the way for Provincial Councils polls under the discarded previous PR system.
The monks also expressed serious concerns over allocation of funds for Provincial Council elections deemed a while elephant by vast majority of people at a time the country was experiencing dire financial crisis.
The monks declared their strong objections to proposed Provincial Council polls in the wake of Sri Lanka Podujana Provincial Council Members’ Forum demanded tangible measures are taken without further delay to conduct the polls. The forum declared that it wouldn’t mind having the Provincial Council polls under whatever system. Blaming the previous UNP-led administration for indefinitely postponing Provincial Council polls, Chairman of the grouping Kanchana Jayaratne said that President Gotabaya Rajapaksa, Prime Minister Mahinda Rajapaksa and SLPP founder Basil Rajapaksa recently called for Provincial Councils. Therefore, there was no justification in further delaying the elections, Jayaratne said, pointing out that the Provincial Council system was functioning without the presence of people’s representatives.
Referring to Janaka Bandara Tennakoon responsible for Provincial Council portfolio submitting the same cabinet paper in respect of Provincial Council polls, Jayaratne urged the cabinet of ministers to decide on the matter. Jayaratne alleged that some of the constituent members of the SLPP at the forefront of the struggle against the then government were strangely silent today.
The Forum requested Ministers Dinesh Gunawardena, Vasudeva Nanayakkara, Wimal Weerawansa and Udaya Gammanpila to take a clear stand on this matter. Jayaratne said that they shouldn’t allow the cabinet to quietly sideline Minister Tennakoon’s cabinet paper.
Jayaratne insisted that those who respected democracy couldn’t condone efforts to sabotage Provincial Council system.
Jayaratne also urged Public Security Minister Rear Admiral (retd.)Sarath Weerasekera, who had been strongly opposed to Provincial Councils system to change his thinking in line with present requirements. Jayaratne requested Minister Weerasekera to throw his weight behind their efforts to fully restore the Provincial Councils. Noting that Minister Weerasekera had issued controversial statements in that regard, Jayaratne called upon the former Navy Chief of Staff to give up opposition to a system that could be immensely beneficial to the public.
The forum stressed that it would be the responsibility of the cabinet to take tangible measures to hold Provincial Council polls as the Rajapaksas had acknowledged the need and assured the elections would be conducted.
The Provincial Council system was introduced in terms of the 13th Amendment to the Constitution enacted in the wake of the Indo-Lanka accord meant to disarm terrorist groups once trained, armed and deployed by India.
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In a letter addressed to the HRCSL Chairman on Thursday, Mrs. S.B.M.S.B. Sallay has said the latest complaint was filed in relation to an earlier complaint concerning the detention and treatment of her husband.
Full text of the letter: I, Mrs. S.B.M.S.B. Sallay, respectfully write to lodge this further complaint in relation to my earlier complaint bearing reference H RC-HO-1 103-26, concerning the detention and treatment of my husband, Retired Major General Suresh Sallay.
I wish to bring to the attention of the Commission a further serious violation of his fundamental rights that occurred on 08 July 2026 during a consultation between my husband and his Attorney-at-Law, Mr. Asith Siriwardena, while my husband remains under detention and is receiving treatment at the National Hospital.
I am informed by his Counsel that he is presently permitted to consult with my husband only once a week for a period of approximately twenty minutes. During the consultation held on 08 July 2026, officers of the Criminal Investigation Department (CID) stationed at the Cardiac Coronary Care Unit of the National Hospital informed Counsel that they had received instructions from higher authorities that my husband should not be permitted to meet with his
legal counsel in private. Consequently, the officers remained present throughout the consultation and refused to permit a confidential lawyer-client meeting.
This conduct constitutes a grave infringement of my husband’s fundamental right to communicate privately and confidentially with his legal counsel. Confidential communication between an accused or detainee and his lawyer is an indispensable safeguard of the right to legal representation, the right to prepare his defence, and the right to a fair trial. The denial of confidential legal consultations undermines these fundamental protections guaranteed under the Constitution of the Democratic Socialist Republic of Sri Lanka and the applicable provisions governing persons detained under the Prevention of Terrorism Act.
The confidentiality of communications between a lawyer and client is also a well-recognized principle under international human rights law and forms an essential safeguard against arbitrary detention, coercion, and unfair legal proceedings.
In view of the foregoing, I respectfully request the Human Rights Commission of Sri Lanka to urgently intervene and take all necessary steps within its statutory mandate to:
1. Ensure that my husband is afforded immediate and unrestricted confidential access to his legal counsel without the presence or supervision of law enforcement officers;
2. Inquire into the instructions allegedly issued by higher authorities requiring CID officers to remain present during lawyer-client consultations;
3. Direct the relevant authorities to cease any practice that interferes with confidential legal consultations; and
4. Take such further action as the Commission considers appropriate to safeguard my husband’s constitutional and human rights.
This complaint is made as a further complaint to Complaint No. H RC-HO-1103-26, and I respectfully request that it be placed on the same file and considered together with my previous complaints.
I respectfully seek the Commission’s urgent intervention in this matter.
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