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LG polls: Cardinal asks Prez to abide by SC order
Archbishop of Colombo Malcolm Cardinal Ranjith yesterday (13) declared that President Ranil Wickremesinghe, who is also the Finance Minister, had to carry out the interim order issued by the Supreme Court on March 03 pertaining to a fundamental rights petition filed by SJB General Secretary Ranjith Madduma Bandara.
Addressing the media at the Bishop’s House, Borella, the Cardinal strongly criticised President Wickremesinghe’s conduct and statements by SLPP parliamentarian Premanath Dolawatte and State Finance Minister Shehan Semasinghe.
The Cardinal said Parliament had the authority to decide on suitable laws and rules for the country, but the interpretation of the application of these laws in concrete situations was the province of the judiciary. That power had not been conferred on the Parliament, the Church leader said.
The following is the text of a statement issued by Malcolm Cardinal Ranjith Archbishop of Colombo:
” It was reported in the media that two Members of Parliament have spoken concerning the judgment given by the Supreme Court enforcing on the Secretary to the Ministry of Finance as well as the Attorney General the allocation of funds, that had been approved by the Parliament for conducting the local government elections, which were scheduled to be held on the 9th March 2023, calling this decision a violation of their parliamentary privileges by the Courts. This matter is to be viewed with great concern and I wish to comment on it as follows.
This request by the two parliamentarians is not in keeping with the dignity and the freedom of the Supreme Court in deciding on this matter and so any interference on the basis of parliamentary privileges is totally unacceptable and I wish to condemn this attitude quite firmly.
On a previous occasion in a judgment given by the Supreme Court in the case reported in (1999) 1 SRI LR 157 on a contention between Dayananda Dissanayake, Commissioner of Elections and others against Karunatilleke and others, the judgment given very clearly affirmed that according to the provision No. 14 (1) of the National Constitution, the Courts accepted that the citizens of this country have a right to exercise their freedom to express themselves and to speak out also through the medium of elections basing itself also on the principle that people have the right to elect their own representatives during a course of a scheduled election.
According to the Constitution of Sri Lanka it is clear that the Supreme Court is the highest and last decision making body in matters concerning the interpretation and application of law to concrete situations. In this matter the Supreme Court holds the authority as the last source of appeal in all matters, as it has been assigned such authority by the very Constitution of the nation.
The Parliament as the law making body has the authority to decide on suitable laws and rules for the country. Yet, the interpretation on the application of these laws in concrete situations belongs to the judiciary. That power has not been conferred on the Parliament.
The Executive is bound to ensure that the laws that are passed by the Parliament are carefully implemented and that the wellbeing of the people is always ensured. The Executive does not have the authority to violate International Human Rights stipulations and the basic Human Rights Chapter inserted into the National Constitution. The President who is appointed as the Executive authority, always taking his oaths, assures that he or she will preserve carefully the provisions of the Constitution. He or she also accepts that they will work for the dignity and the progress of the people. As such the Executive does not have the authority to interpret the law according to their wishes, or to try to enforce them according to the way they visualize. In a similar fashion even though the Parliament prepares the legal bills and the rules and regulations concerning the country, it has no authority to decide on the implementation of the law according to their whims and fancies.
At this point I wish to remind everybody that in October 2018 the then President removed at his own discretion the Government, of the time where the then Prime Minister was the present President of Sri Lanka, without any legal basis. And so, the same Ranil Wickremesinghe went before the Supreme Court appealing against that decision and by order given on 13th December 2018, after a hearing of Case SC FR 351/218, the Court ruled the decision of the then President illegal and he had to eat humble pie and reappoint the same government of Wickramasinghe.
What is surprising is that the same Ranil Wickramasinghe who sought refuge in the Supreme Court that time is now allowing parliamentarians to belittle and criticize the decision of the Supreme Court in this case. We see a deep contradiction in his behaviour.
Hence since no one has the authority to interfere in the decision of the Supreme Court, it is clear that the judgement given on 3rd March 2023 by the Supreme Court binds on the President, the Government and the Parliament in equal measure. And so they need to follow that decision faithfully. Else they would be belittling the authority of the Supreme Court and undermining the very basis of democracy in our country.
I appeal that action be taken against such Ministers and MPs to ensure that the freedom of the judiciary is maintained at all costs without interference from petty politics and concerns.”
Latest News
Financial contribution from Gift Sri Lanka Foundation and the Georgia Buddhist Vihara, USA, for disaster relief
In support of relief efforts for communities affected by the Ditwah cyclone, Gift Sri Lanka Foundation and the Georgia Buddhist Vihara (GBV), USA, have made a financial contribution of USD 16,000 to the Government’s ‘Rebuilding Sri Lanka’ Fund.
The relevant cheque was formally handed over on Thursday (18) afternoon at the Presidential Secretariat by the Chief Incumbent of the Georgia Buddhist Vihara, Most Venerable Panamwela Vajirabuddha Nayaka Thero, to the Secretary to the President, Dr. Nandika Sanath Kumanayake.
News
European Union provides over Euro 2.35 million Humanitarian Assistance to Sri Lanka
The European Union has allocated a total of Euro 2.35 million of financial assistance to Sri Lanka. This includes Euro 500,000 through IFRC and Euro 1.85 million through DG-European Civil Protection and Humanitarian Aid Operations (ECHO) partners, WFP and UNICEF as humanitarian assistance to Sri Lanka, in response to the impact of Tropical Cyclone Ditwah,
In addition to the above allocation, the Union Civil Protection Mechanism (UCPM), which brings together 37 participating States, all 27 EU member States, as well as Albania, Bosnia and Herzegovina, Iceland, Moldova, Montenegro, North Macedonia, Norway, Serbia, Türkiye and Ukraine, is providing in-kind assistance to Sri Lanka.
As a part of the UCPM in kind assistance being provided, on Wednesday, 17th December, Sri Lanka received an aid shipment, with two air cargo flights arriving in Colombo from Germany, France and Luxembourg. This aid shipment included 83 tonnes of relief items such as family tents, mattresses, hygiene and kitchen kits, beds and water filters. The supplies are intended for distribution among communities most affected by the cyclone.
The arrival of the assistance was welcomed by the EU Ambassador to Sri Lanka, Carmen Moreno, French Ambassador, Rémi Lambert, and the Deputy Head of Mission at the German Embassy, Sarah Hasselbarth. On behalf of the Government of Sri Lanka, the donations were received by Sugeeshwara Gunaratna, Director General / Europe & North America, Ministry of Foreign Affairs, Foreign Employment & Tourism and Chathura Liyanarachchi, Director, Disaster Management Center (DMC).
Italy has also provided a team of structural engineers to support Sri Lanka’s disaster assessment and recovery process.
Furthermore, the EU has activated its Copernicus Emergency Management Service (EMS) in rapid mapping mode, with around 30 maps produced so far.
The European Union has committed continued cooperation and support to Sri Lanka’s disaster recovery and rebuilding process, reaffirming the enduring friendship and strong partnership between Sri Lanka and the European Union.
News
Sajith: Met Dept. officials under virtual house arrest
… hands over proposal asking for PSC probe into govt.’s lapses
Opposition and SJB leader Sajith Premadasa yesterday accused the government of having gagged the Meteorology Department officials, who, he said, had been placed under virtual house arrest. He claimed that they had been barred from speaking to the media.
Speaking in Parliament, Premadasa said withholding information from the public was unacceptable. He insisted that the Meteorology Department and international agencies had repeatedly issued warnings about extreme weather events between November 11 and 26. He demanded to know why Sri Lanka’s disaster management mechanism had not been activated in a timely manner.
“The key issue is why the country’s disaster management system failed to respond when the risks were clearly identified,” he told the House, describing the lapse as a serious failure of governance.
Condemning attempts to silence officials, Premadasa said acknowledging mistakes was the only way forward. “If we are wrong, we should admit it. If we are right, we should say so. Silencing professionals will help solve problems.
The Opposition Leader also called for a National Disaster Response Force and amendments to the Disaster Management Act to strengthen preparedness and response mechanisms.
Premadasa and several other Opposition MPs have submitted a formal proposal to the Speaker seeking the appointment of a Parliamentary Select Committee to investigate the government’s failure to mitigate the impact of Cyclone Ditwah.
The Opposition has demanded a 30-member select committee tasked with producing a comprehensive report on the institutional and administrative failures during the disaster.
Describing the government’s lack of preparedness as deeply regrettable, the MPs have said that timely action would have helped save many lives and reduced the scale of destruction caused by the cyclone.
By Saman Indrajith ✍️
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