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Justice Minister urges Opposition not to malign judiciary without knowing the law

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By Saman Indrajith

Justice Minister Ali Sabry on Saturday (27) urged Opposition MPs to be fair when they spoke about the judiciary as their speeches and innuendos could lead to an erosion of public faith in the judiciary.

Participating in the third reading debate on budget 2021, the minister said:

“I have noticed that some members in the Opposition make various remarks on some recent judgments. They really do not know the danger of what they are doing. Remember when you are in trouble and lose it all and nowhere to go, judiciary is the last resort. So, your ill-conceived comments will have a boomerang effect on you someday.

“It is incumbent upon all of us to protect the independence of the judiciary not for the sake of the government or the Opposition but for the sake of the people. Remember the judges would not give verdicts or rulings to make each and everyone happy. Not that all would be happy to hear some judgments. Those judgments are given after considering the evidence before them.

“They do not give rulings that make the government happy or the Opposition happy. Recently, decisions in several cases were given. The civil appellate court had given 67 judgments while the Court of Appeal gave 30 judgments. Some of those cases had been built on trumped up charges by several politicians of the former government. You created the FCID illegally. It was an illegal division, because the IGP is not empowered to create new divisions within the police. That power is with the minister as per the Police Ordinance. Then there was an anti-corruption unit.

“These outfits were created for political witch-hunts. They also set up new courts, not for the needs of the people but to advance their political agendas. So, the cases filed in such a manner will not stand judicial scrutiny. That was what exactly happened with regard to the case involving Lalith Weeratunga and Anusha Palpita. That was a case on fabricated evidence. That was why they had been acquitted. Even in the case of MP Pillayan the same happened. He was taken in five years back on a confession report. The court decided that confession was not true and legitimate. Once it was thrown out there was not a single bit of evidence against MP Pillayan. So, what is the purpose of keeping him further if there are no charges against him? Just because you do not like the decision you cannot blame the court. I do not mind anyone arguing or making speeches after reading at least the judgment in full.

“I table the judgments of Lalith Weeratunga and Anusha Palpita case and the MP Pillayan’s case so that the Opposition MPs could read them. I have been a lawyer for 25 years and for eight years I worked as a President’s Counsel, and, therefore, I know. That is why I am asking you to be careful when you make speeches about the judiciary. It is our duty as members of the legislature to protect the independence and the dignity of the judiciary.”



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PSTA worse than PTA: FSP

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The Frontline Socialist Party (FSP) yesterday accused the government of seeking to use the proposed Protection of the State from Terrorism Act (PSTA) to suppress popular political activity, claiming that some of its provisions were more repressive than those of the Prevention of Terrorism Act (PTA).

FSP Education Secretary Pubudu Jayagoda told a media briefing, in Nugegoda, that the definition of terrorism in the Bill was so broad that it could be used to label almost any form of popular political activity as terrorism.

He said the Bill’s approach to defining terrorism was based largely on attempts to compel a government, or an international organisation, to do, or refrain from doing something, rather than on internationally recognised criteria, such as killings, causing serious bodily harm, kidnapping or acts intended to spread terror among the public.

Jayagoda also alleged that the Bill transferred substantial powers from the judiciary to the executive, while extending powers of arrest, investigation and detention to the armed forces, in addition to the police.

He claimed that the government had sought to portray the Bill as a replacement for the PTA while retaining or introducing provisions that could facilitate political victimisation and repression.

The FSP also questioned the government’s decision to proceed with the Bill, despite having previously sought public views on an earlier draft.

Jayagoda said a draft had been published earlier this year, with the period for public submissions ending on February 28, but the Bill subsequently gazetted was essentially the same draft with some provisions rearranged.

Jayagoda also referred to a letter reportedly sent by Attorney-at-Law Saliya Peiris, a member of a Committee, chaired by President’s Counsel Rienzie Arsecularatne, that had been appointed to draft the legislation. He said Peiris had stated, in the October 06 letter, that changes had been made to the draft prepared by the Committee.

“This means that even the Committee, appointed to prepare the Bill, was a deception,” Jayagoda alleged.

He said that the PSTA was fundamentally similar to the Anti-Terrorism Bill introduced by the previous government, in 2023, which the National People’s Power (NPP) opposed and challenged in court.

“If the NPP opposed that Bill then and is now bringing the same legislation before Parliament, the government must explain its position,” he said.

Jayagoda called on NPP MPs to oppose the PSTA in Parliament and urged trade unions and other groups to build a broad public movement against the legislation.

He challenged the government to an open debate on the Bill.

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Shiranthi R remanded until 13 Oct.

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Former First Lady Shiranthi Rajapaksa was yesterday remanded until 13 October after being produced before the Colombo Magistrate’s Court following her arrest by the Commission to Investigate Allegations of Bribery or Corruption (CIABOC).

Shiranthi, wife of former President Mahinda Rajapaksa, was arrested at her residence on Poorwarama Road, Kirulapone, after CIABOC officers recorded a statement from her for nearly two hours.

According to the CIABOC, the arrest was made over allegations that Rs. 10 million obtained from the National Savings Bank through the Siriliya Saviya organisation was misappropriated.

The money was allegedly obtained to provide a Computed Tomography (CT) scanner to the children’s hospital. Investigators allege that the scanner was not provided and that the funds were instead unlawfully used.

CIABOC is investigating alleged offences under the Public Property Act and corruption-related provisions in connection with the transaction and other financial activities involving Siriliya Saviya, which was headed by Rajapaksa.

Rajapaksa returned to Sri Lanka on Monday night on a flight from Malaysia after travelling overseas for medical treatment. She left for Singapore on 16 September after being admitted to a private hospital in Colombo on 15 September following an illness.

She had been due to appear before the Financial Crimes Investigation Division (FCID) on 13 October in connection with its investigation into the financial affairs of Siriliya Saviya.

Meanwhile, her lawyers filed an anticipatory bail application before the Maligakanda Magistrate’s Court on Monday, seeking an order preventing her arrest in connection with the FCID investigation.

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Former NSB Chairman Kariyawasam granted bail

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Former National Savings Bank (NSB) Chairman Pradeep Kariyawasam was yesterday granted bail by the Colombo Magistrate’s Court following his arrest by the Commission to Investigate Allegations of Bribery or Corruption (CIABOC).

Kariyawasam, husband of former Chief Justice Shirani Bandaranayake, was arrested in connection with the Bribery Commission’s investigation into the ‘Siriliya Saviya’ account linked to former First Lady Shiranthi Rajapaksa.

The investigation concerns financial activities involving the Siriliya Saviya initiative, which was headed by Rajapaksa, wife of former President Mahinda Rajapaksa.

CIABOC is continuing investigations into the alleged financial irregularities relating to the account.

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