Connect with us

Editorial

It’s ATB, stupid

Published

on

Thursday 13th April, 2023

Government politicians are blindly supporting the proposed anti-terrorism Bill (ATB), which has been put on hold. It is doubtful whether most of them have ever seen the ATB, much less read it. But Foreign Minister and former Justice Minister Ali Sabry, a senior lawyer, has struck a slight discordant note. He has taken exception to some sections of the ATB; the DIGs should not be empowered to issue detention orders, he has said. One could not agree with him more on this score, but he is being charitable. The Bill is like the proverbial curate’s egg. All it takes to spoil a pot of milk is a smidgeon of cow dung, as they say. The ATB is a pot of milk with more than a dab of dung.

Justice Minister Dr. Wijayadasa Rajapakshe is disappointed that there has been so much resistance to the ATB. Maybe he is genuinely desirous of introducing an alternative to the PTA (Prevention of Terrorism Act) and ensuring that national security is well protected. But where laws are concerned, even well-intentioned ones could have negative effects if any room is left for crafty political leaders to manipulate them. There’s the rub.

Most laws lend themselves to abuse owing to loopholes therein. Unsurprisingly, politicians and their legal advisors drive a coach and horses through them. They have not spared even some constitutional provisions including the one anent the National List. They have been using the Parliamentary Election Act to circumvent a constitutional provision that does not permit anyone other than a person who has been either named as National List candidate or nominated to contest a general election to be appointed to Parliament.

Some government politicians have argued that the best forum for a discussion on the ATB is Parliament. But governments usually present bad Bills to Parliament and steamroller them through. Since there is no constitutional provision for the post-enactment judicial review of legislation, Bills become faits accomplis once they are ratified. Some of the Bills are even stuffed with sections sans judicial sanction at the committee stage and passed. The Provincial Council Elections (Amendment) Act of 2017 is a case in point. Hence the need for bad Bills to be aborted before they make it to Parliament, where the MPs are swayed by their party affiliations rather than the merits and demerits of what is put to the vote in the House. Some MPs cannot make head or tail of what is debated. Their low brain energy consumption is reflected in their bulging waistlines! So, it is not advisable for the public to defer to their elected representatives on decisions in respect of vital laws on the anvil.

If the ATB is allowed to be presented to Parliament, the government, which has a majority in the House, will ensure that the ayes will have it though it will endanger democracy and fundamental rights of the citizenry.

It is being claimed in some quarters that the ATB has sought to strip the Executive President of some of his powers. But the fact remains that the President has the police on a string, and is in a position to have his interests served at the expense of the people’s fundamental rights. The Police Department is one of the most politicised state institutions in this country. There is hardly any high-ranking police officer who is not locked in a Faustian embrace with the powers that be. They go out of their way to humour their political masters as evident from their high-octane performance during operations to crush anti-government protests. They also collaborate with the political authority to cover up serious crimes. When ruggerite Wasim Thajudeen was murdered in 2012, the police did their darnedest to make the incident out to be a tragic road mishap. There have been many other instances where they unashamedly protected the interests of politicians in power. So, the odds are that senior police officers will have anti-government activists detained at the behest of the ruling party politicians.

The Opposition would have the public believe that the ATB has been tailored to meet the requirements of the government hell-bent on suppressing its political opponents and trade unions. One may say this claim should be taken cum grano salis, but the possibility of the government planning to use it to compass its political ends at the expense of the democratic rights of the people cannot be ruled out.

The government ought to abandon the ATB, and formulate a new law with the help of all stakeholders to replace the PTA.



Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Editorial

Cops as whipping boys?

Published

on

Saturday 20th December, 2025

Disciplinary action has reportedly been taken against several police officers for their alleged failure to conduct a proper investigation into a recent accident caused by NPP MP Asoka Ranwala in Sapugaskanda. This move, we believe, has the trappings of a diversionary tactic. The police would have incurred the wrath of the government if they had conducted a breathalyzer test on Ranwala and produced him before a Judicial Medical Officer immediately after the crash where an infant, his mother and grandmother were injured.

Ranwala was subjected to a blood alcohol test more than 12 hours after the accident, according to media reports. The police would not have dragged their feet of their own volition. They were obviously made to do what they did. The law applies equally only to ordinary people. Will the police top brass explain why no disciplinary action was taken against the police officers who unashamedly sided with a group of JVP members involved in grabbing an office of the Frontline Socialist Party (FSP) in Yakkala in September 2025. After turning a blind eye to that blatant transgression, the police provided security to the JVP members who were forcibly occupying the FSP office. Thankfully, a judicial intervention made them leave the place. The current rulers claim they have not placed themselves above the law, unlike their predecessors. A wag says they have placed the law below them instead!

Having made a mockery of its much-advertised commitment to upholding the rule of law by intervening to prevent Ranwala from undergoing an alcohol test immediately after the aforesaid accident, the government is making attempts at face-saving. Curiously, blood samples obtained from Ranwala have been sent to the Government Analyst for testing! The government seems to have a very low opinion of the intelligence of the public, who voted for it overwhelmingly, expecting a ‘system change’.

It is being argued in some quarters that the disciplinary inquiry against the police officers has been scripted, and the charges against them will be dropped when the issue fizzles out. This argument is not without some merit, but there is a possibility of the government going to the extent of trying to clear its name at the expense of the police officers concerned if push comes to shove.

Successive governments have scapegoated police personnel and other state employees to safeguard their interests, and the incumbent administration is no exception; it has already sought to shift the blame for its failure to mitigate the impact of Cyclone Ditwah to the Meteorological Department, which, it has claimed, did not warn it about the extreme weather events fairly in advance. Opposition Leader Sajith Premadasa told Parliament on Thursday that the government had muzzled some senior officials of the Meteorological Department.

Some leaders of the incumbent government are bound to face legal action for their commissions and omissions when they lose power, and the state officials pandering to their whims and fancies will have to do likewise.

The public officials who are at the beck and call of politicians and carry out illegal orders should realise that they run the risk of being left without anyone to turn to in case they have to face legal action for their transgressions. Their ruthlessly self-seeking political masters will not scruple to sacrifice them.

Continue Reading

Editorial

Disaster relief mired in dirty politics

Published

on

Friday 19th December, 2025

Opposition Leader Sajith Premadasa has accused the government of interfering with the ongoing disaster relief programmes. Speaking in Parliament, on Thursday, he produced what he described as documentary proof to support his claim that disaster victims were required to have their applications for compensation endorsed by the heads of the Prajashakthi committees controlled by the JVP apparatchiks. Several other Opposition MPs have levelled the same allegation against the government in Parliament.

Two trade unions representing the Grama Niladharis have complained of political interference with their work, and even threatened to pull out of the disaster relief programmes unless they are allowed to carry out their duties and functions, free from political pressure.

Sri Lanka United Grama Niladhari Association (SLUGNA) President Nandana Ranasinghe told the media on 08 December that JVP/NPP politicians and their supporters were meddling with the disaster relief programmes at all levels and even obstructing the Grama Niladharis (GNs). He claimed that the political authority had sent letters to the District and Divisional Secretaries, directing them to appoint JVP/NPP members to the state-run welfare centres. SLUGNA Secretary Jagath Chandralal said state officials had been directed to obtain approval from the government members of the Prajashakthi committees for carrying out relief work. A few days later, addressing the media, Convenor of the Sri Lanka Grama Niladhari Association Sumith Kodikara also made a number of similar allegations. He said the NPP politicians were arbitrarily helping their supporters obtain Rs. 25,000 each as compensation. He stressed that only the disaster victims had to be paid compensation, and never had disaster relief programmes been politicised in that manner. These allegations are shocking enough to warrant probes, as we said in a previous comment.

Initially, the government denied the involvement of its Prajashakthi members in the process of selecting disaster relief beneficiaries, but now it allows them to work alongside state officials openly. This is an instance of the arrogance of power, which became the undoing of several previous governments, especially the ones led by the UNP and the SLPP. Minister K. D. Lal Kantha has gone on record as claiming that the Prajashakthi functionaries too should have a say in relief provision!

Funds the government is distributing among disaster victims belong to the state, and therefore no political party must be allowed to influence or control their disbursement. One can argue that it is prima facie unlawful for anyone other than authorised public officials to get involved in the process of distributing state funds as disaster relief. The Opposition should find out whether there is any legal provision for the involvement of the Prajashakthi functionaries in relief distribution or whether they are committing a transgression.

The government is apparently labouring under the mistaken belief that it can use disaster relief to shore up its approval rating as well as electoral prospects in view of the next election––the Provincial Council polls which it is coming under increasing pressure to hold next year. Political interference with disaster relief only exasperates the public beyond measure. A large number of disaster victims have held protests in several areas, claiming that they have been overlooked.

The JVP/NPP, which came to power promising to depoliticise the state institutions and revitalise the public service, should be ashamed of having stooped so low as to politicise the process of providing disaster relief. Politicians have a sense of shame only when they are out of power.

If the JVP/NPP leaders are wise, they will learn from the predicament of the Rajapaksas, who had to pay a heavy price for testing the patience of the public. The latter had to head for the hills with angry people in close pursuit. Now that the people have successfully got rid of a bunch of failed rulers, they may take to the streets again if their patience runs out. The government would do well to follow the established procedures in carrying out disaster relief programmes, without subjugating them to its political agenda and undermining their integrity.

Continue Reading

Editorial

Flawed drug regulation endangers lives

Published

on

Thursday 18th December, 2025

Serious concerns raised by Sri Lankan medical professionals over the quality of some batches of the Ondansetron injection, manufactured by Maan Pharmaceuticals, Ltd., India, and the subsequent withdrawal of them from hospitals here, have shed light on a bigger issue. The use of nine other parenteral products has been suspended with immediate effect, according to media reports. They will be subjected to quality assessment, the National Medicines Regulatory Authority (NMRA) has said.

Spokesman for the Government Medical Officers Association (GMOA) Dr. Chamil Wijesinghe has stressed the need for thorough tests on Ondansetron. He has told the media that the NMRA is responsible for testing imported pharmaceuticals for quality. However, Health Minister Dr. Nalinda Jayatissa has told the media during the weekly post-Cabinet media that not all drugs imported by Sri Lanka are tested by the NMRA for quality, as it lacks laboratory facilities to do so, and drugs are tested rigorously only if there are complaints of adverse reactions. Is it that the NMRA goes by what pharmaceutical companies say about their products when it approves medicines? The present-day politicians and the health panjandrums have not learnt from the procurement of fake cancer drugs during the previous regime.

Minister Dr. Jayatissa has sought to give the drug controversy a political twist. He has said Ondansetron manufactured by Maan was approved for five years, in 2022, the implication being that the previous government was responsible for the registration of the drug. He hastened to add that proper procedures had been followed in procuring it. Interestingly, among the four batches of Ondansetron found to be contaminated, two were imported under the current dispensation! The NPP government has passed laws to deprive the former Presidents of their retirement entitlements and evict them from their official residences, and it came to power, promising to renegotiate the IMF agreement. So, cancelling the registration of any drug that does not meet stipulated standards should be child’s play for the powerful NPP administration.

On the question of quality issues concerning Indian drugs, it is worth recalling that in the late 1980s, the JVP assassinated Chairperson of the State Pharmaceutical Corporation Dr. (Mrs) Gladys Jayewardene for importing drugs from India, which the JVP likened to a giant octopus spreading its tentacles over Sri Lanka. About three and a half decades on, the JVP-led NPP government has gone to the extent of recognising the Indian Pharmacopoeia amidst protests from Sri Lankan medical professionals!

Dr. Chamal Sanjeewa, who leads the Doctors’ Trade Union Alliance for Medical Civil Rights, has said more than 100 batches of medicines imported from India have been withdrawn during the past two years or so due to concerns about their quality. Flaying the Health Ministry, the NMRA, and State Pharmaceutical Corporation for serious flaws in drug regulation, he has called for the resignation of the top officials responsible for ensuring the quality of imported medicines. Health Minister Dr. Jayatissa should also resign as he has retained the officials responsible for the registration of substandard and falsified drugs in the past, Dr. Sanjeewa has said. The most serious issue, in our book, is that the NMRA is without adequate laboratory facilities to conduct stringent quality tests on all medicines it approves, and apparently takes leaps of faith, leaving patients at risk. Successive governments have paid lip service to the need for state-of-the-art labs to test medicines and ensure that they meet international standards. The NMRA must be fully equipped to test all drugs properly before they are approved, and no room must be left for the import of substandard and falsified medicines.

According to the World Health Organization (WHO), at least one in 10 medical products in low-and middle-income countries fails to meet quality standards or is falsified. This shows the enormity of the problem of falsified and substandard drugs. Quality failures of pharmaceuticals not only harm patients directly but also impose large economic burdens on individuals and health systems, including wasted resources on ineffective treatments and costs related to managing adverse effects, WHO has pointed out. The need for a thorough investigation to find out why the NMRA approved the aforesaid drugs cannot be overstated.

Continue Reading

Trending