News
Lawyers’ Collective revived, steps up pressure on BASL
‘Crisis of governance’ stressed
Judicial independence:
By Shamindra Ferdinando
Lawyers’ Collective, consisting of some influential members of the legal fraternity, has urged the Bar Association of Sri Lanka (BASL) to take a stand on what it calls President Ranil Wickremesinghe’s continuing efforts to stifle democracy.
The grouping warned that the failure to safeguard the independence of the judiciary, democracy and rule of law and sovereignty now would cause a catastrophe.
The warning was issued at a gathering held at Sri Lanka Foundation on Monday (04) against the backdrop of the Bar Association delaying taking a stand on controversial declarations made by President Wickremesinghe and Speaker Mahinda Yapa Abeywardena as regards the postponed Local Government polls and domestic debt-restructuring in line with the agreement with the International Monetary Fund (IMF).
Former President of the Bar Association Saliya Pieris, PC, declared that they didn’t have the time and space to circumvent the issue at hand while questioning the failure on the part of Bar Association to issue a statement in this regard pending consultations with unnamed senior members.
At the onset of the meeting, former Yahapalana National List MP Dr. Jayampathy Wickremaratne, PC, emphasized why they had to come forward in the face of growing challenge posed by the executive and the Speaker of Parliament.
The LSSP stalwart explained how President Wickremesinghe’s declaration that he would only abide by decisions taken by parliament pertaining to domestic debt-restructuring undermined the very basis of the independence of judiciary.
“The judiciary is responsible for interpreting, defending of country’s constitution and resolving legal disputes, including disputes in which the executive or legislative branch would be involved and their actions would be reviewed. Although the judiciary acts in the name of the State, it is separate from the legislative and executive branches. The judicial branch therefore has to be independent of the government and free from political influence.”
Declaring that the whole country had been disturbed by recent developments, the former lawmaker questioned President Wickremesinghe’s declaration that his government wouldn’t heed ‘orders’ or ‘advice’ from any other party except parliament, an obvious reference to the judiciary with regard to debt-restructuring. The PC also found fault with Speaker Abeywardena for declaring that no court was empowered to issue orders or judgments of any nature against resolutions passed by parliament. “This is palpably wrong,” the constitutional expert declared, adding that no less a person than Justice Weeramanthry, a jurist of international repute held in the late 60s that a parliamentary resolution or regulation approved by parliament was not immune from being reviewed. This ruling was given in respect of Ranbanda vs the River Valley Board, the prominent civil society activist said.
Justice Mark Fernnado, in retirement reiterated Justice Weeramanthry’s position, the ex-MP said, slamming the parliament for threatening to haul up judges of the Supreme Court in terms of the parliamentary privileges act to question over orders given.
Declaring that they re-launched Lawyers’ Collective that spearheaded campaign against the impeachment of Shirani Bandaranayake, CJ 43 during President Mahinda Rajapaksas’s second term to face the new challenge. “We of the Lawyers’ Collective emphasize that the judiciary must not be impeded in any way, directly or indirectly, in reviewing the actions of the government according to the Constitution. We are united by our strong commitment to democracy, the rule of law and the independence of the judiciary.”
Bandaranayake was impeached in January 2013 on charges of financial impropriety and interference in legal cases.
The President’s Counsel vowed that it was their duty to speak on behalf of judges who couldn’t speak for themselves when their independence was threatened.
The gathering was told that Rienzie Arsecularatne, PC, pledged his support to the Lawyers’ Commitment though he couldn’t join the meeting due to sudden illness.
Tamil National Alliance (TNA) lawmaker M.A. Sumanthiran, PC, was among those at the head table. President’s Counsels Upul Jayasuriya and Saliya Pieris launched scathing attacks on the Wickremesinghe-Rajapaksa government over what they called rapid deterioration of democracy.
Referring to the Court of Appeal staying 2018 dissolution of parliament and the Supreme Court decision pertaining to Local Government election petition in March this year, Jayasuriya pointed out the absurdity of the position taken by the powers that be. Those who hailed the 2018 ruling found fault with the one pertaining to Local Government polls given by the same judge, Jayasuriya said.
Recalling what he called the significant role played by the Bar Association during the Neville Samarakoon affair and impeachment of Dr. Bandaranayake, Jayasuriya said that they expected the outfit to take up the challenge.
Jayasuriya dismissed the suggestion made at a recent event that the judiciary should act in harmony with the executive and the legislature.
Pointing out that the government disregarded the Supreme Court order given in March this year in respect of Local Government polls petition on the basis it didn’t have the wherewithal to conduct the long overdue election, Jayasuriya asked what would happen if the incumbent government refused to hold next presidential and parliamentary polls.
Saliya Pieris emphasized there was no hidden hand behind the Lawyers’ Collective. Assuring that they didn’t pursue any secret agenda, Pieris recalled the role played by Bar Association at the height of the second JVP-led insurrection. “When the government killed lawyer Wijedasa Liyanaarachchi we boycotted the opening of the new Supreme Court complex to register out protest,” Pieris said, recalling how the BASL during his tenure as its President threw its weight behind the public protest campaign.
The speakers asked the legal fraternity, particularly the young layers to rally around the Lawyers’ Collective to overcome daunting challenges posed by authoritarian rule. Appealing for unity against those who flouted the law, Pieris emphasized that what the country was experiencing was not only an economic issue but a crisis of governance.
News
Fuel crunch looms
Govt. tells fuel distributors to maintain stocks to ensure uninterrupted supplies
by Saman Indrajith and Norman Palihawadane
The government had instructed private fuel distributors to maintain minimum stocks and ensure uninterrupted supplies to the market, Energy Minister Anura Karunathilaka told Parliament yesterday (06).
Karunathilaka said the Ministry of Energy Secretary had notified the relevant companies of the requirement, following a reduction in supplies by some private distributors, amid higher international fuel prices.
The Minister said private companies had informed the government that they were facing losses because international prices had risen while fuel was being sold, locally, at prevailing prices. As a result, some companies had reduced the volumes released to the market.
The reduced supplies had increased the burden on the Ceylon Petroleum Corporation (CPC), whose share of the diesel market had risen from about 54% to 82%, the Minister said.
“The CPC currently holds an 82% share of the market,” he said, adding that it had increased its supplies, compared with February, to compensate for the reduction by private distributors.
Karunathilaka said the government could not, under the existing agreements with private companies, specify the quantities they should supply to individual filling stations. However, it could require them to maintain minimum stocks in the country.
The Minister said the Energy Ministry had already instructed companies that had failed to maintain the required stocks to take steps to prevent supply disruptions.
The Minister attributed the queues reported at some filling stations to reduced supplies from private distributors, as well as normal variations in fuel distribution. He also said demand for CPC fuel had increased because private companies generally did not provide fuel to dealers on credit, while the CPC offered a three-day credit facility.
“We expect that, as the Ceylon Petroleum Corporation takes on this additional burden, the problem will ease to some extent by Wednesday or Thursday,” Karunathilaka said.
He said instructions had also been issued to increase supplies to CPC filling stations. A special discussion on the issue is scheduled for today (07), with officials of the Energy Ministry and CPC expected to participate,
along with President Anura Kumara Dissanayake.
Meanwhile, Petroleum Dealers’ Association officials have called for an early solution to the supply issue. Association Chairman D.V. Shantha Silva said queues had been reported at many filling stations, mainly those operated by private distributors.
He said the situation was not due to an overall shortage of fuel, but was linked to reduced orders by Lanka IOC, Sinopec and R.M. Parks amid concerns over losses incurred on fuel sales.
The Ceylon Petroleum Private Tanker Owners Association has urged motorists to refrain from panic buying, saying there was no nationwide disruption to fuel supplies.
The government earlier increased fuel prices and introduced a per-litre diesel subsidy following concerns raised by distributors over rising international prices.
News
Gnansara Thera to be assigned to prison printing section: Officials
by Norman Palihawadane
Bodu Bala Sena General Secretary Ven. Galagodaatte Gnanasara Thera, who has been ordered by the court to serve the remainder of his prison sentence, is to be assigned to the prison ‘printing work party’, prison officials said yesterday.
The monk was produced before the Colombo High Court yesterday by prison officials in connection with a warrant issued by the court.
He appeared before the court in civilian attire.
Prison sources said arrangements were being finalised for his detention and that he would subsequently be assigned to the printing work party.
The Thera initially objected when prison officials instructed him to change from his robes into the attire worn by convicted prisoners.
He later agreed to wear the prescribed prison clothes, sources said.
The Supreme Court, in September, annulled the presidential pardon granted to Gnanasara Thera in 2019. He had been serving a six-year prison sentence imposed following his conviction for contempt of court but had served only about nine months when then President Maithripala Sirisena granted him a presidential pardon in May 2019.
Following the Supreme Court ruling, the Thera was required to serve the remainder of his sentence. He was subsequently reported missing, prompting the Court of Appeal to issue an open warrant for his arrest.
The Court of Appeal on Monday ordered the authorities to enforce the remainder of his prison sentence.
News
Speaker rejects Ajith Perera’s privilege complaint
Speaker Dr. Jagath Wickramaratne yesterday ruled that a privilege complaint submitted by SJB Kalutara District MP Ajith P. Perera did not constitute a prima facie breach of parliamentary privilege.
The ruling was made in response to a notice of privilege submitted by Perera on October 02.
Perera alleged that his parliamentary privileges had been breached over the failure to take formal action or reach a final decision on a written request submitted on August 03 by 18 Opposition MPs seeking the appointment of a Special Select Committee to investigate delays in the judicial system and prison overcrowding.
He had also requested that the matter be referred to the Committee on Ethics and Privileges for investigation and recommendations.
In his ruling, Speaker Wickramaratne said the Speaker, as the Presiding Authority and guardian of the powers, rights and privileges of Parliament, could not be subjected to a privilege complaint or disciplinary inquiry by a committee subordinate to the Chair in respect of actions taken in an official capacity.
He said that, under the Standing Orders, the Speaker was required to independently determine whether a prima facie case of breach of privilege existed.
Referring a complaint against the Speaker to a committee functioning under the Speaker’s authority would, therefore, create a procedural contradiction, he said.
Accordingly, the Speaker ruled that Perera’s notice did not constitute a prima facie breach of parliamentary privilege and disallowed the request to refer the matter to the Committee on Ethics and Privileges.
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