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JVP-led NPP calls for commission comprising Supreme Court judges to probe prison riot

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By Saman Indrajith

The JVP-led NPP yesterday called on the government to appoint an impartial commission comprising Supreme Court judges to investigate the Mahara Prison riot.

NPP Leadership Committee Member Attorney-at-Law Lal Wijeanayake said: “We still have hope that there are judges who uphold the values of justice and truth.

Addressing the media at the JVP headquarters in Pelawatte, Wijenayake said: “More than five days have elapsed since the Mahara incidents, but so far no reports of any magisterial inquiry or post-mortems. In addition the ministers of the government are making contradictory statements about the incident. This is a serious situation.”

Wijenayake said that prison inmates too have human rights. Whenever a death of this nature occurs there should be a magisterial inquest as per the Section 371 of the Criminal Procedure Code. Similarly, as per the Section 373, a post mortem should be held. On the receipt of the post mortem report the Magistrate gives his ruling after an open hearing where the Magistrate is should call for evidence from police or relevant parties and in addition from the general public. If the Magistrate cannot come to a conclusion then he should return an open verdict. This is the due process. Without maintaining this due process, the government cannot absolve itself from this issue,” Wijenayake said.



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NPP bags CMC in secret vote; SJB, allies disappointed with bureaucratic action

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National People’s Power (NPP) councillor Vraie Cally Balthazaar yesterday (16) won a controversial secret vote to secure the mayoral seat at the Colombo Municipal Council (CMC). She received 61 votes while Riza Zarook, fielded by the SJB-led Opposition, obtained 54 votes.

Two votes were rejected. The CMC consists of 117 members and the winner needs to secure at least 59 votes. At the 6 May Local Government elections, the NPP won 48 seats in the CMC while the SJB had to settle for 29.

At the onset of yesterday’s proceedings, both the SJB and UNP demanded that an open vote should take place while the NPP asked for a secret vote. However, after noisy haggling over the issue for 30 to 40 minutes suddenly some Opposition members, and the NPP, declared they had reached consensus for a secret vote though some were heard insisting on an open vote.

The secret vote was conducted by Commissioner of the Department of Local Government of the Western Province, Sarangika Jayasundara. In terms of the Local Government law, the type of voting-‘open vote’ or secret vote, should be decided by a secret vote.

In the run-up to yesterday’s secret vote, both parties repeatedly declared they had the necessary numbers to secure mayoralty.

In a desperate move, the SJB reached an alliance with the UNP (13 seats), SLPP (5 seats) and People’s Alliance (1 seat) to garner support among the Opposition but couldn’t reach the target.

That bid had the support of former Presidents Mahinda Rajapaksa and Ranil Wickremesingh.

In spite of the SJB declaring that the Opposition at the CMC consisted of 69 councillors, the NPP reached consensus with many parties, and independent groups, thereby increasing its tally from 48 to 61 two votes more than the required number.

The following political parties and independent groups won seats at the CMC: NPP (48), SJB (29), UNP (13), SLPP (5), SLMC (4), Independent Group 3 (3), United Peace Alliance (2), Sarvajana Balaya (2) Independent Group 4 (2) and Independent Group 5 (2). National People’s Party, National Freedom Front People’s Alliance, Democratic National Alliance, Independent Group 1 and Independent Group 2 won one seat each.

Having won the secret vote Balthazaar shook hands with Riza Zarook before declaring that all elected members bore responsibility to serve the people. The new Mayor emphasised the responsibility on the part of all 117 to work collectively for the betterment of the people.

The March 12 Movement has claimed that political parties/individuals are being bribed by those seeking to form administration in hung councils. The civil society grouping has said that while conclusive evidence remains limited, widespread public opinion suggests that financial incentives and other benefits may have influenced the support extended to various parties. Such perceptions, whether confirmed or not, do not bode well for the future of local governance, the group has said.

By Shamindra Ferdinando

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Quality of private university degrees under scrutiny: PM

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Dr. Harini

Prime Minister Dr. Harini Amarasuriya, on Saturday, said that a fresh review would be conducted of the quality of degrees awarded by private universities in Sri Lanka.

She said that concerns had arisen over the academic standards of some private universities, whose graduates recruited into the Sri Lanka teaching service. The issue had now been identified, and the Ministry of Education had already initiated a review process in response, the PM said.

The Prime Minister said so during a discussion held on Saturday (14) at the Ministry of Education with representatives of teacher and principal unions.

She said the recruitment of graduates had been approved by the previous government and it had been implemented in accordance with the provisions of the Teachers’ Service Minute.

Dr. Amarasuritya said that although those appointments were legally valid, the Ministry had begun reviewing the quality of education degrees offered by UGC-approved private universities and affiliated higher education institutions.

By Chaminda Silva

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Ex-parte injunction against AAC vacated

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Colombo District Judge Sandun Vithana recently issued an order vacating the ex-parte injunction previously granted against Automobile Association of Ceylon (AAC). The order was issued subsequent to the submissions made by the Counsel representing the Association, Executive Committee Members and Secretary.

This was in respect of Keerthi Gunawardena, former Vice President of the Association moving court against the AAC. Gunawardena obtained an ex-parte injunction that temporarily suspended the Association’s decision to terminate his Membership.

The Association’s Counsel told the court that Gunawardena had conducted himself in a manner undesirable and unbecoming of a Member at the 119th A.G.M. of the Association.

It was also noted that there were 37 formal complaints from Members regarding the incident in question. It was also emphasized that the termination of the Membership of Keerthi Gunawardena was made in strict accordance with the Consolidated Revised Rules in force at the Association. The Defence also argued that Gunawardena had provided misleading information to the Courts when seeking ex-parte injunction.

After carefully considering the submission from all parties the D.C. determined that the plaintiff had both suppressed and misrepresented material facts when he initially approached the Courts for relief.

It concluded that the ex-parte injunction should be vacated, thereby allowing the Association’s original membership termination decision to stand.

For the A.A.C. Kuvera De Zoysa P.C. led the team supported by Attorneys-at-Law Samuditha Kumarasinghe and Sanjana De Zoysa instructed by Attorney-at-Law Sanjay Fonseka.

For Association President Dhammika Attygalle, Ikram Mohamed P.C. appeared with Attorney-at-Law Charitha Wickrema. For the Executive Committee Members Chandaka Jayasundera, P.C. with Attorney-at-Law Imaz Imthiyaz, for the Association Secretary, Devapriya Hettiarachchi, Sanjay Rajaratnam P.C. appeared with Attorney at Law E.S.Jayasinghe.

The Plaintiff Gunawardena was represented by Attorneyat-Law Asthika Devendra instructed by W.M.D.M.B. Wasala.

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