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Minister Cabraal says lockdowns as devastating as Covid-19

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By Shamindra Ferdinando

State Minister of Money and Capital Market and State Enterprise Reforms Ajith Nivard Cabraal says that in spite pressure mounting on the govenrment to extend the current lockdown further, it should tread cautiously.

State Minister Cabraal, who served as the Governor of the Central Bank, from 2006 to 2015, said that lockdowns caused irreparable damage at a time the national economy was under severe pressure due to Covid-19. The lockdowns could be quite devastating and inflict unbearable losses on the economy, he noted.

Cabraal pointed out that those who relentlessly pushed for lockdowns didn’t take into consideration other vital factors. He said the people should strictly follow health guidelines and get vaccinated, as quickly as possible.

In addition to State Minister Cabraal, Aviation Minister and SLPP strongman in Gampaha, Prasanna Ranatunga, also opposed the lockdown.

Noting that a section of the government, too, had called for the lockdown, State Minister Cabraal urged all stakeholders to examine the situation in its entirety without focusing on selected factors.

The Island: State Minister, you emphasised several times how lockdown undermined the national economy. You also pointed out difficulties caused by it. However, the government not only declared a lockdown on August 20 for ten days, but extended it till Sept 6. Did you ask/advise the administration against it?

State Minister: Medical authorities have been constantly requesting the lockdown of the country in order to deal with the pandemic. Unfortunately, the counter argument setting out the economic damage that is caused as a result of such closure has not been presented adequately. That is why it’s important that the facts, figures and impact of a lockdown are known and understood, so that more informed decisions can be made in the future.

The Island: In 2018 and 2019 govt collected over Rs 1,900 as revenue. But, that figure dropped to little over Rs 1,300 bn in 2020. Can you blame that on Covid because the Opposition says the government lost over Rs 500 bn by doing away with a spate of taxes on addition to the reduction of duty on sugar to 25 cents from Rs 50 per kilo?

State Minister: In 2019, the government had estimated to collect about Rs. 2.2 trillion as revenue. However, due to the sharp contraction of the economy following the massive Easter Sunday carnage that sent shock waves across the world and debilitated the country’s vibrant tourism industry, the actual revenue dropped drastically to about Rs. 1.9 trillion only: a decrease of about Rs. 0.3 trillion! Hence, it was clear that the abnormally high rates of income taxes, VAT and other duties were counterproductive and were not yielding the estimated results. That is why the new government reduced the tax rates so that the business sector could be given a boost to grow fast and the economy could revive and recover. In fact, ifhad the government not reduced taxes at that time, the entire business sector would have collapsed because by that time, businesses were stagnant due to the high interest rates and high taxes. Unfortunately, however, the progressive policy measure of lowering all taxes including customs duties, did not lead to the intended consequence of the expected stimulation of the economy mainly due to the pandemic effect and lockdown. However, it must be said that the economic fallout from the pandemic would have been a lot worse and people driven to severe poverty and despair had the taxes not been reduced by end 2019. In fact, in such a scenario, the entire country may have even come to a grinding halt, with the industries and services sectors collapsing.



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Outgoing BASL chief asks lawyers to continue struggle to safeguard rule of law, democracy, judicial independence

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Saliya Peiris

Outgoing President of the BAR Association of Sri Lanka (BASL) Saliya Peiris, PC has urged his colleagues to continue their struggle to counter threats to the rule of law and judicial independence.

“The BASL was able to play a pivotal role in the nation’s struggle to safeguard the rule of law, democracy, and human rights. In doing so, we were together able to make our profession relevant to the lives of the people and help enhance its credibility and public acceptance,” Saliya Peiris, PC said in a statement to mark the completion of his tenure as BASL President.

Peiris has said that in these two years, the BASL took up strong positions on many issues and where necessary sought recourse to the courts to protect the rights of the people.

“In the coming months, the Bar will need to continue to stand for the principles which are at the core of our profession and to protect the rights described in the Constitution as the intangible heritage of the people,” he said.

Excerpts of the statement:

“As I conclude my term as President of the Bar Association of Sri Lanka (BASL), I write to thank you for the support given to me during my tenure and for placing confidence in me. It has been my privilege to have led the Bar during this momentous period in our history.

“With your support and drawing from your strength, the BASL was able to play a pivotal role in this nation’s struggle for the rule of law, democracy, and human rights. In doing so we were together able to make our profession relevant to the lives of the people and help enhance its credibility and public acceptance.

“In these two years the BASL took up strong positions on many issues and where necessary sought recourse to the courts to secure the rights of the people. The BASL was the first amongst the professional bodies to publicly express its view on the looming economic crisis and the need to address the same.”

“Amidst these difficult times, the BASL continued to support the membership in their professional development and welfare. Through seminars, symposiums, workshops, webinars as well as through its social and welfare work during the pandemic and thereafter, the BASL was able to reach out to thousands of members, including the junior members of the Bar. The BASL also reached out to the branches in the outstations in an unprecedented manner. The BASL formed the Members Benevolent Society, and it is our expectation that the Society will grow to benefit the members in the years to come.

“As I write, we see new threats emerging to the rule of law and a concerted effort being made to undermine the independence of the judiciary. In the coming months the Bar will need to continue to fiercely stand for the principles which are at the core of our profession and to protect the rights described in the Constitution as the tangible heritage of the people.

“I take this opportunity to thank His Lordship the Chief Justice, all the members of the judiciary, the Hon. Attorney General, the Solicitor General and the members of the official Bar for the support and co-operation extended towards me as the President of the BASL.

“A special worn of thanks also to the Chairpersons of the Standing Committees as well as the Co-Chairs and Convenors for their immense contribution towards the BASL.

“I must record my deep appreciation for the unwavering strength demonstrated by the Bar Council the Executive Committee and the office bearers of the BASL, namely the Deputy President Mr. Anura Meddegoda PC, the Secretary of the BASL Mr. lsuru Balapatabendi, the Treasurer Mr. Rajindh Perera and the Assistant Secretary Mr. Mehran Careem as well as the former Secretary Mr. Rajeev Amarasuriya and the former Assistant Secretary Mr. Pasindu Silva for their unstinted support and co-operation given to me.

“I am indebted to the senior members of the profession to whom I turned to, for their wise counsel and words of encouragement.

“I have striven at all times to act according to the cherished values of our profession and to act in its best interests, mindful of the trust and confidence you placed in me on 24 February 2021. As I leave office, I trust that I have performed the duties of this office in accordance with your expectations. I have at all times drawn strength and been inspired by your goodwill towards me.

“I extend my best wishes to the incoming President Mr. Kaushalya Navaratne and the new office bearers and members of the Executive Committee.

“It is my sincere hope that the BASL will remain a strong and vibrant institution, inspiring confidence among the people of the nation, dedicated towards upholding the rule of law, democracy, the independence of the judiciary and the rights of the people and the community whilst safeguarding and promoting the welfare and interests of the members of the Bar.”

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SC summons IGP for disregarding court order

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C. D. Wickramaratne

by AJA Abeynayake

The Supreme Court (SC), on Friday, summoned IGP C. D. Wickramaratne to appear in court on 03 April for disregarding a court order.The SC issued the summons when a fundamental rights petition was called before a bench comprising Justices S. Thurairajah, A. H. M.D. Nawaz and Achala Vengappuli.

The IGP has been ordered by the Supreme Court to prepare a set of guidelines to prevent the deaths of suspects in police custody taken out for various investigations.The SC judges pointed out that the IG had not abided by the order and expressed displeasure.

Justice Thurairajah said that despite the fact that the Supreme Court itself had given many judgments regarding the police, there had been no progress in the police department.The Justice said the police had a separate legal department and money should be allocated and training imparted to the police personnel through that section.

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Opposition slams govt. for move to undermine judiciary

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The Opposition has strongly condemned what it calls a move by the Wickremesinghe-Rajapaksa government to undermine the Supreme Court (SC).The Opposition has, in a joint statement issued over the weekend, urged the government to refrain from being hostile towards the apex court.

Among the signatories to the statement are Opposition Leader Sajith Premadasa, Dullas Alahapperuma, Prof. G. L. Peiris, Wimal Weerawansa, Gevindu Cumaratunga, Dr. Harini Amarasuriya, Field Marshal Sarath Fonseka, M.A. Sumanthiran and Udaya Gammanpila.

“The country is facing an unprecedented crisis in respect of the rule of law and the independence of the judiciary,” the Opposition has said.

“Basic principles and values we had all taken for granted, are now being directly and strenuously challenged.

“Now, for the first time, a criterion fraught with the gravest consequences for the very survival of representative democracy, is sought to be laid down that election can be held only if and when the Head of State is subjectively satisfied that the economic condition of the country warrants the allocation of resources for the conduct of an election at a particular time.

“The alarming corollary is a vicious onslaught on the Supreme Court in the exercise of its inalienable jurisdiction to uphold and implement the provisions of the highest law, the Constitution of the Republic.

“The country has been treated to the ignominious spectacle of the apex court being derided and reviled in parliament.

“The interim order by the court, directing the Minister of Finance and the Secretary to the Ministry of Finance to refrain from preventing the release, to the Election Commission, of financial resources allocated by parliament in the annual budget for the conduct of the Local Government election, has been contemptuously disregarded.

“In a flagrant violation of a binding decision by the Supreme Court, the Government Printer and other relevant authorities are being deprived of funds required for the performance of essential functions in this regard.

“Urgent appeals by the Election Commission, addressed to the Finance Secretary, continue to be simply ignored.

“Refusal by the Executive to give effect to imperative directions by the Supreme Court represents, of itself, a deliberate erosion of the foundations of our constitutional system, based as it is on the clearly demarcated separation of powers among the organs of government.

“It expresses, in our view, undisguised contempt for cherished constitutional values which form the bedrock of freedom and stability in our country.

“Tragically, not even this seems to satisfy the appetite of an unelected administration to arrogate to itself authoritarian powers incompatible with the rudiments of a functioning democracy.

“The government has brazenly invaded the province of the judiciary by means of a wholly distended, and entirely illegitimate, recourse to the concept of parliamentary privilege to assail the independence and integrity of the judiciary.

“We are aghast at the purported initiative by the Privileges Committee of Parliament directing the Supreme Court to forward to parliament the interim order which has already been impugned with egregious disregard for sound principle and policy.

“There were strident calls in parliament for the discontinuation of proceedings property in progress before the Supreme Court : these were complimented by demands for the cessation of all judicial action in respect of pending proceedings , until parliamentary processes with regard to privileges are exhausted : to cap it all, cynically infringing express provision contained in the Standing Orders of Parliament, there was explicit criticism of a judgment of the Supreme Court and indeed, of propriety of the behavior of a judge , in the absence of substantive motion before the House.

“In keeping with established precedents across the civilized world, these actions constitute, cumulatively, contempt of the Supreme Court in uniquely aggravating circumstances.

“We find very disquieting the arrogant and dismissive attitude which the government, embarked on its dangerous frolic, has adopted to the emphatic appeals by religious leaders, including the Venerable Theras of the Malwatte and Asgiriya Chapters and his Eminence the Archbishop of Colombo.

“The sense of frivolity and flippancy underpinning the government’s approach to issues which define our political system and our way of life, presents to this nation and the world a spectacle of which we can hardly be proud.

“Representing all parties and groups in the Opposition in the parliament, we wish to express our profound respect for the judiciary –an indispensable pillar and, indeed, the final bulwark for the enjoyment of individual and collective liberties enshrined in the Constitution –and our firm resolve to resist, by all means at our disposal within a democratic framework, every attempt to undermine the prestige and stature of our country’s judiciary.”

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