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SC suspends deradicalisation regulations

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SC has suspended the Prevention of Terrorism (De-radicalization from holding violent extremist religious ideology) Regulations No. 01 of 2021 until final determination of three FR petitions

An Interim Order was issued by the Supreme Court on Wednesday (26) suspending the implementation of the Prevention of Terrorism (De-radicalization from holding violent extremist religious ideology) Regulations No. 01 of 2021.

This interim order is effective until a verdict is given on three Fundamental Rights petitions filed against the regulations.

Considering the petitions, the Supreme Court granted leave to proceed with them under Article 10, 12(1) and 13 of the constitution. A Supreme Court three-judge-bench comprising Justice Murdhu Fernando, Justice Yasantha Kodagoda and Justice Shiran Goonaratne made the order.

The petitions were fixed for argument on March 21. Earlier, the Centre for Policy Alternative and its Executive Director Dr. Paikiasothy Saravanamuttu, activist Shreen Saroor and former HRCSL Commissioner Ambika Satkunanathan filed Fundamental Rights petitions asking the Supreme Court to declare that the Deradicalization Regulations are illegal.

The petitioners also want the court to declare that Deradicalization Regulations leaves room for the “continuous or imminent infringement of fundamental rights guaranteed to surrendees, arrestees or detainees under the constitution.”

The Petitioners claim that the President had ordered the formulation of these regulations, titled Prevention of Terrorism (De-radicalization from holding violent extremist religious ideology) Regulations No. 01 of 2021, under Section 27 of the Prevention of Terrorism (Temporary Provisions) Act, No. 48 of 1979 (PTA).

The petitioners claimed those arrested under these Regulations could be subjected to “executive or administrative detention camouflaged as rehabilitation, without proper judicial evaluation of the evidence against the individuals arrested, surrendees or detainees.”

They petitioners also said those Regulations were not compatible with the fundamental rights, international human rights norms, etc. Petitioners added that those Regulations needed to be approved by the Parliament to be implemented. However, that has not been done to their knowledge.

Senior Counsel Viran Corea with Bhavani Fernando, Luwie Ganeshathasan and Thilini Vidanagamage appeared for CPA. Counsel Suren Fernando with K. Wikramanayake appeared for Shreen Saroor and Pulasthi Hewamanna with H. Jayawardena appeared for Ambika Satkunanathan.

Additional Solicitor General Nerin Pulle with Senior State Counsel Dr. Awanthi Perera appeared for the Attorney General.



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BASL urges President to de-escalate tensions in different parts of country

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The Bar Association of Sri Lanka has called upon President Gotabaya Rajapaksa to instruct the Defence Secretary, the Commanders of the Tri Forces and the Inspector General of Police to ensure that there is an immediate de-escalation of tensions in different parts of the country – especially at fuel stations – understanding the difficulties faced by the public.”

 “Whilst keeping in mind that the police and armed forces are acting under very trying circumstances, nevertheless it is necessary to give strict instructions to the police and the forces to desist from violence in dealing with the public and to act with utmost restraint”, the BASL has said in a media statement.

 “We also call upon you to ensure that steps are taken under the law to deal with errant officers who have subjected civilians to such violence.”

The BASL is of the view that it is not appropriate for service personnel to be deployed in the present manner in matters which essentially should be managed by the Sri Lanka Police.

 The armed forces should also not be used to disturb or hinder peaceful protests as was seen last week in Galle.

Full text of the BASL letter to the President:

The Bar Association of Sri Lanka (BASL) expresses its gravest concerns at the current situation at fuel stations throughout the country and the reports of several incidents of conflicts between civilians and members of the police force and the armed forces at fuel stations. There has been video footage of civilians being assaulted by personnel of the armed forces and the police, the latest being of a civilian being kicked by an Army officer at a fuel station. There have also been situations of the police and Army opening fire into the air to contain the crowd.

Your Excellency is no doubt aware that thousands of desperate civilians are waiting in queues at hundreds of fuel stations in the country. The queues are kilometres long. The tension at the fuel stations have arisen from this desperation for which there is no immediate solution in sight.

The BASL wishes to warn Your Excellency of the imminent dangers this situation could give rise to. The present unrest could result in a conflagration between civilians and members of the armed forces or the police. Some years ago, confrontations between members of the public and the armed forces resulted in the deaths of civilians. Such incidents between the members of the armed forces or the police and the civilians will discredit Sri Lanka’s armed forces and the police.

We call upon Your Excellency to take all necessary steps to give instructions to the Defence Secretary, the Commanders of the Tri Forces and the Inspector General of Police to ensure that there is an immediate de-escalation of the situation in different parts of the country – especially at fuel stations – understanding the difficulties faced by public. Whilst keeping in mind that the police and armed forces are acting under very trying circumstances, nevertheless it is necessary to give strict instructions to the police and the forces to desist from violence in dealing with the public and to act with utmost restraint. We also call upon you to ensure that steps be taken under the law to deal with errant officers who have subjected civilians to such violence.

The Sri Lanka Army and other service personnel must be deployed only in very limited circumstances as contemplated in the Criminal Procedure Code. The BASL is of the view that it is not appropriate for service personnel to be deployed in the present manner in matters which essentially should be managed by the Sri Lanka Police. The Armed Forces should also not be used to disturb or hinder peaceful protests as was seen last week in Galle.

We trust that this will receive the immediate attention of the Government as to do otherwise may otherwise result in unprecedented turmoil and harm.

The BASL believes that the ultimate solution to the situation at fuel stations is to be transparent with the public and to ensure an equitable and effective system of fuel distribution throughout the country.

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SC orders AG to submit report on fuel purchases and distribution

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By A.J.A. Abeynayake

A three-member Supreme Court bench consisting of Justices Vijith Malalgoda, Mahinda Samayawardena and Arjuna Obeysekera yesterday ordered the Attorney General to submit a report on fuel purchases, the distribution thereof and the sectors to be provided with fuel on a priority basis.

The Supreme Court made the order after considering two fundamental rights petitions presented by the Bar Association of Sri Lanka.

The BASL has requested the Supreme Court to direct the Cabinet of Ministers to consult all stakeholders and independent experts to formulate and implement the necessary policies, and to provide concessions in relation to the prices of essential goods and services to the people including LP gas, fuel, electricity, milk powder, medicines and food.

The petitions were filed by the President of the BASL Saliya Pieris PC, Deputy President Anura Meddegoda PC, former Secretary Rajeev Amarasuriya, Treasurer Rajindh Perera and the Assistant Secretary Pasindu Silva.

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A/L may be delayed by one month

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Education Minister Sushil Premajayantha told Parliament yesterday that although it had been scheduled to hold the G.C.E. A/L Examination 2022 in November this year, it could be further delayed by another month.

Responding to a question by MP Shantha Bandara, the Minister said: “The examination should be held at least after three months of releasing the results of the previous A/L exam because the students who need to sit it again should have enough time to prepare,” the Minister said.

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