News
RTI law: Secy Gen, not Speaker, gatekeeper of parliament
…info cannot be withheld on the basis of parliamentary privileges and privacy of MPs
By Shamindra Ferdinando
The releasing of information in response to the Right to Information (RTI) queries was the prerogative of Secretary General of Parliament, Hansa Abeyrathne, Assistant Secretary General, Parliament and Information Officer (IO) said.
The House official said so in response to a recent The Island RTI query pertaining to the landmark Court of Appeal ruling that information sought by journalist Chamara Sampath of Wijeya Newspapers also under RTI law be released two years and three months after the petitioner lodged an appeal with the RTI Commission.
The Court on Feb 28, 2023 reaffirmed the RTI commission’s stand that Declarations of Assets and Liabilities Law of 1975 (DALL) didn’t prevail over the Right to Information Act no. 12 of 2016 (RTI Act). A member of the RTI commission told The Island that the new ruling meant a Fundamental Right in terms of the 19th Amendment to the Constitution, is superior to DALL.
Abeyrathne said that parliament rejected the RTI request made on June 21, 2018 by Chamara Sampath. That decision had been taken by the then IO Tikiri K.Jayathilake, Abeyrathne said in response to our query whether the Speaker decided on that matter. Karu Jayasuriya served as the Speaker at that time. Jayathilake has declined to disclose the requested information on August 21, 2018, exactly two months after Chamara Sampath made the request in terms of RTI law.
The first appeal to then Secretary General Dhammika Dasanayake who functioned as the Designated Officer (DO) pertaining to RTI matters had been made on August 30, 2018 and he had rejected the request on Sept 07, 2018, hence the decision on the part of the journalist to seek the RTI Commission’s intervention on Sept 11, 2018.
On March 23 this year, Kushani Rohanadeera received the appointment as the Secretary General. She also functions as the DO.
Asked whether the then Speaker Jayasuriya decided to take legal action to prevent the disclosure of information sought by the journalist? Abeyrathne said that the then Secretary General Dhammika Dasanayake moved the court in that regard.
The journalist has asked for a list of names of Members of Parliament (MPs) who have handed over their respective declarations of assets and liabilities in 2018 and list of names of MPs who have handed over their Declarations from 2010 to the time he made the request.
There hadn’t been any legal fees as the Attorney General’s Department represented parliament, Abeyrathne said. According to him, since the enactment of Right to Information Act, No. 12 of 2016, the parliament moved court in this regard only once (CA/RTI/0004/2021).
In addition to Abeyrathne, Chaminda Kularatne, Chief of Staff and Deputy Secretary General of Parliament also functions as the IO.The court found fault with the Secretary General of Parliament for holding back information that should have been released without hassle.
The bone of contention according to the court ruling has been whether the requested information should be sought from the Speaker in terms of DALL or the IO and then appealed to the DO.
According to the RTI Commission, the DO as claimed by Chamara Sampath has declined to disclose information even after the Speaker asked him to do so. The Attorney General has declined to advise parliament whether the Speaker could release information due to a related matter being pending at the Court of Appeal.
Finally, the Court of Appeal upheld the RTI Commission’s assertion that the requested information should be released regardless of DO’s stand that the Speaker and the Secretary General were separate and distinct positions in parliament.
News
Sun directly overhead Galle, Angulugaha, Imaduwa, Telijjawila, Yatiyana and Tangalle about 12.08 noon today (07)
The sun is going to be directly over the latitudes of Sri Lanka from 28th of August to 07th of September due to its apparent southward relative motion.
The nearest places of Sri Lanka over which the sun is overhead today (07) are Galle, Angulugaha, Imaduwa, Telijjawila, Yatiyana and Tangalle about 12.08 noon.
By Norman Palihawadane
The CID recently found that former SLPP Deputy Minister Premalal Jayasekara, better known as ‘Choka Malli’, had left for Thailand when the Supreme Court imposed an overseas travel ban on him last Friday.
The CID discovered that Jayasekara had left Sri Lanka on August 31, while authorities were taking steps to enforce the travel restriction imposed by the Supreme Court. The Department has subsequently informed the Attorney General’s Department of the development.
The Supreme Court last Friday ordered Jayasekara, and two other men, to appear before court on October 21, and imposed a ban on their overseas travel.
The orders were made as the Supreme Court considered an appeal challenging the acquittal of the three men in connection with the 2015 murder of Shantha Dodangoda, also known as D.G. Sunil Perera.
The appeal was filed by Dodangoda’s wife against a decision of the Court of Appeal to acquit and release Jayasekara and the two other accused, who had previously been convicted and sentenced to death by the Ratnapura High Court.
Dodangoda was killed in a shooting in Kahawatta town, in the early hours of January 5, 2015, while a group of people were putting up decorations for an election rally in support of then common Opposition presidential candidate Maithripala Sirisena.
Two others, Karunadasa Weerasinghe and Mohamed Ilfan, were seriously injured in the shooting.
Following the incident, the Ratnapura High Court convicted Jayasekara, former Chairman of the Kahawatta Pradeshiya Sabha Wajira Darshana de Silva, and former Sabaragamuwa Provincial Council member Nilanta Jayakody, sentencing all three to death.
The Court of Appeal subsequently acquitted the three men and ordered their release.
The victim’s wife later challenged the acquittal before the Supreme Court.
The appeal was taken up before a Supreme Court bench, comprising Justice Preethi Padman Surasena and Justices Achala Wengappuli and Gihan Kulatunga.
During the proceedings, Deputy Solicitor General Janaka Bandara requested that the court impose overseas travel restrictions on Jayasekara and the other respondents.
The Supreme Court subsequently ordered all three to appear before the court on October 21 and imposed travel bans on them.
President’s Counsel Nalin Ladduwahetty, President’s Counsel U.R. de Silva and President’s Counsel Anuja Premaratne appeared for the respondents. President’s Counsel Saliya Peiris represented the aggrieved party.
Police sources said that the discovery that Jayasekara had already left for Thailand, on August 31, has raised concerns over the timing and enforcement of the travel ban.
Sources said that the CID had notified the Attorney General’s Department and was taking further action in relation to the development.
By Pradeep Prasanna Samarakoon
The number of deaths from dengue fever in Sri Lanka has risen to 73 this year, with 96,228 cases reported across the country so far, according to the Dengue Control Unit.
The latest figures indicate that dengue continues to pose a significant public health concern, with 737 new cases recorded during the first four days of September alone.
Dengue infections peaked in July, when 29,964 cases were reported, according to the latest data. June recorded the second-highest monthly total, with 21,533 cases, while 10,155 cases were reported in August.
Earlier in the year, 8,590 cases were recorded in May and 7,866 cases in January.The Western Province remains the worst-affected area, accounting for more than half of all dengue cases reported nationwide. A total of 50,851 cases have been recorded in the province, representing 52.84% of the country’s total.
The Southern Province has recorded 13,950 cases, followed by the Central Province with 8,818 cases and Sabaragamuwa Province with 7,925 cases.
Sun directly overhead Galle, Angulugaha, Imaduwa, Telijjawila, Yatiyana and Tangalle about 12.08 noon today (07)
Showers above 50 mm are likely at some places in the Uva and Eastern provinces.
Harshitha’s composed knock seals Sri Lanka’s semi-final berth
‘Choka Malli’ slips out of country before travel ban
Dengue death toll rises to 73
Ranil accuses govt. of undermining democracy
‘Dates have the highest sugar content to fight Coronavirus’
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#SundayIsland 17th December – Headlines
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