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LG polls: Cardinal asks Prez to abide by SC order

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Malcolm Cardinal Ranjith addresses the media (pic by Nimal Dayaratne)

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.”



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CEB trade unions hint at stringent industrial action after talks fail

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Trade unions of the Ceylon Electricity Board (CEB), backed by the powerful Ceylon Electricity Board Engineers’ Union, have warned of accelerated trade union action following the collapse of crucial discussions held on Monday (16) with the CEB Chairman, who also serves as Secretary to the Ministry of Power and Energy.

The issue is expected to take centre stage at today’s press conference, with unions signalling that a token strike, possibly a 12-hour countrywide action, could be staged next week unless authorities urgently intervene.

The meeting earlier this week ended without what union representatives described as any “positive or constructive outcome.”

Trade union leaders expressed disappointment that their key concerns had not been substantively addressed during discussions with the Chairman.

At the heart of the dispute is the unions’ demand for a collective agreement in accordance with Section 18(j) of the Sri Lanka Electricity Act No. 36 of 2024. Trade union representatives maintain that the law provides for structured engagement between management and employees and that a formal collective agreement is necessary to ensure transparency and industrial stability within the institution.

The unions also submitted what they termed a reasonable proposal to safeguard the CEB Employees’ Provident Fund (EPF), voicing concerns over the long-term security of workers’ retirement benefits.

However, according to trade union sources, those proposals were not adequately taken up during the discussions.

A senior electrical engineer told The Island that further internal consultations were being held to decide the next course of action. “There is growing frustration among employees. The issues raised are fundamental and relate directly to statutory compliance and the financial security of staff,” he said.

The Island learns that unless there is meaningful engagement from the authorities, the proposed token strike could mark the beginning of more stringent industrial action.

Energy sector observers warn that any escalation of trade union unrest at the CEB could have serious implications for the country’s power sector stability at a critical time.Further developments are expected following today’s media briefing.

By Ifham Nizam

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PM reveals allowances and perks available to MPs

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Prime Minister Dr. Harini Amarasuriya yesterday (19) revealed allowances and benefits provided to Members of Parliament at present.She did so while responding to a question raised by Samagi Jana Balawegaya MP Chaminda Wijesiri.

According to the disclosure:

An MP receives a monthly allowance of Rs. 54,285, with an entertainment allowance of Rs. 1,000 per month.

Driver allowance is Rs. 3,500 per month; however, if the MP is provided with a driver by the Ministry of Public Security and Parliamentary Affairs, no driver allowance is paid.

Telephone allowance is Rs. 50,000, while transport allowance is Rs. 15,000 per month.

Office allowance amounts to Rs. 100,000.

MPs attending parliamentary sessions receive Rs. 2,500 per day, while Rs. 2,500 per day are given for MPs attending committee meetings on non-sitting days.

Meanwhile, Members of Parliament also receive a fuel allowance based on the distance from their elected district to Parliament.

For national list MPs, this is calculated as 419.76 liters of diesel per month, paid at the approved market rate on the first day of each month.Dr. Amarasuriya also emphasised that these allowances are structured to cover official duties and transportation costs.

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CID expresses regret to Natasha; IGP to issue guidelines on ICCPR arrests

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Former OIC of the Cyber Crime Investigation and Intelligence Analysis Unit of the CID, M.M.U. Subhasinghe, yesterday expressed his regret in writing to civil activist and comedian Natasha Edirisooriya at the Supreme Court regarding her arrest under the International Covenant on Civil and Political Rights (ICCPR) Act.

The Attorney General’s Department, appearing on behalf of the respondents, informed the court that the IGP would issue a set of guidelines via a circular to all police officers to prevent unlawful arrests under this Act in the future. It was further noted that the circular would be issued within two weeks, and the petitioner, Natasha Edirisooriya, has examined and agreed to these guidelines.

These submissions were made yesterday before a three-judge bench of the Supreme Court, led by Chief Justice Preethi Padman Surasena, during the hearing of the Fundamental Rights (FR) petition filed by Edirisooriya challenging her unlawful arrest.

Following these developments, the court ordered the respondents to inform the court via a motion within two weeks of issuing the IGP’s circular and ordered the conclusion of the case proceedings.

Natasha Edirisooriya was present in open court yesterday. Addressing her, Chief Justice Surasena stated that the court appreciates the manner in which the legal proceedings were brought to a conclusion.

The letter expressing regret stated: “As the arresting officer, considering the totality of circumstances, I wish to express deep regret to you for the arrest on 27th May 2023 and your incarceration in remand custody till 5th July 2023 consequent thereto. I also extend my deep regret regarding the damage that may have been caused to your reputation and dignity, and mental and emotional trauma caused by the arrest and incarceration.”

The respondents agreed to express this regret and issue the circular based on the specific conditions put forward by Edirisooriya in consultation with her counsel Suren Fernando and the legal team.

By AJA Abeynayake

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