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SJB insists referendum necessary besides 2/3 majority in Parliament

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Supreme Court moved against 20A

By Chitra Weerarathne

General Secretary of the Samagi Jana Balavegaya Ranjith Madduma Bandara, MP, yesterday (23) filed a petition in the Supreme Court stating that the proposed 20th Amendment (20A) to the Constitution was inconsistent with the Constitution. It requires a two-thirds majority in Parliament and approval by people at a referendum for passage, the SJV has argued.

The SJB says 20A violates people’s sovereignty and franchise enshrined in Article (3) and (4) of the Constitution.

The petitioner has argued that the provisions in clause 55 of the Bill are inconsistent with the public trust doctrine and the principle of checks and balances and would prejudicially affect public finance.

 The clause 54 of the Bill seeks to repeal Article 156 A of the Constitution, which provides constitutional recognition to the Commission to Investigate Allegations of Bribery or corruption, the petition says.

 The petition says 20A seeks to repeal the prohibition on dual citizens being elected to Parliament and to the post of President.

The power of the Auditor General to audit the state institutions has been curtailed, the petition says, arguing that it could be detrimental to the economy.

It will be detrimental to the country if the Constitutional Council is replaced by a Parliamentary Council, the SJB General Secretary’s has contended in his petition.

Clause 20 (2) of the proposed 20A has restricted the powers of the Election Commission as regards the conduct of elections, the petitioner has argued.

The 20A states that an omission by the President could no longer be challenged through a fundamental rights violation petitions in the Supreme Court, the petitioner has said, adding that the Bill seeks to further enhance the powers of the President by allowing him to unilaterally remove the Prime Minister. The President would not be accountable to Parliament, the petition says.

The 20A would repeal Article 70/ (1) of the Constitution and enable the President to dissolve Parliament even immediately after a general election, the SJB General Secretary argues.

The respondent to the petition is the Attorney General.

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PSC action could cripple health services, warns GMOA Secretary

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There were vacancies for 89 specialist doctors in government teaching hospitals due to certain actions taken by the Public Service Commission (PSC), the Government Medical Officers Association (GMOA) said yesterday.

GMOA secretary Dr. Senal Fernando yesterday told The Island those vacancies had the potential to cripple the state health service, as the service was stressed due to COVID-19.

Dr. Fernando said: “Specialist doctors are appointed and transfered according to procedures established by the Health Service Minute. The Ministry of Health is responsible for the transfers and the PSC should oversee the transfering process to ensure that they are made in a proper manner.”

“The PSC has ordered the appointment of a committee to look into the matter but there is no mention of such a committee in the Health Service Minute. Instead of following the process, the PSC has tried to intervene in the process and 89 posts remain vacant during the time of COVID-19,” he said.

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Hizbullah denies links with Zahran

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But signed agreement for Zahran’s help in 2015 GE

By Rathindra Kuruwita

Former Governor of the Eastern Province, M. L. A. M. Hizbullah on Monday night told the Presidential Commission of Inquiry (PCoI) probing Easter Sunday attacks, that he had not had any links to National Thowheed Jamaat (NTJ) leader Zahran Hashim. The NTJ members had assaulted his supporters at Kattankudy in March 2017, he said.

Hizbullah said so when the Commissioners asked him about his links with Zahran.

Hizbullah was also asked about billions of rupees he had received from foreign organisations since 2016. Earlier in the day, it was revealed that close to Rs. 4 billion had been deposited by foreign individuals and institutions in two accounts Hizbullah operated at the Bank of Ceylon Colpetty Branch from 2016 to 2019.

The witness said the Sri Lanka Hira Foundation, a social service institution run by him, had received money from foreign countries after March 2016.

“Ali Abdullah al-Juffali of Saudi Arabia gave Rs. 308 million and Siddique and Diana Osmond of London gave Rs. 5.5 million,” he said.

Hizbullah added that he knew al-Juffali and some other Saudi philanthropists. Al Juffali family was one of the richest Saudis with an estimated worth USD 19.8 billion, he said.

Then, a video of a discussion Zahran had with Sibli Farooq of the Sri Lanka Muslim Congress was played at the PCoI.

The video showed Zahran and Farooq talking about a sum of one million riyals that Hizbullah had allegedly received from Saudi Arabia. In the video, Zahran says that he had no problem with Hizbullah receiving money from Saudi Arabia.

In response, Hizbullah said that by the 2015 Presidential election, Farooq and Zahran had been against him. A member of the Commission then asked why Hizbullah had entered into an agreement with Zahran during an election if he had acted against him.

Hizbullah said Zahran had told, on social media, that he would support politicians who agreed to some of his proposals.” All the parties joined him. I also went along,” he said. Earlier, it was revealed that representatives for the Sri Lanka Muslim Congress (SLMC,) Democratic Party, UNP, UPFA and National Front for Good Governance (NFGG) had signed agreements with Zahran in exchange for the support of NTJ in 2015.

Hizbullah was also questioned on the Aliyar clash between NTJ and Sunnath Wal Jamaat, a group that supported Hizbullah, on 10 March, 2017.

“Did you ask Zahran to surrender to the court through his mother?” a member of the Commission questioned.

“I made no such comment. I do not know if anyone in my party did so,” he said.

The Commissioners also asked Hizbullah about growing date palms in the Kattankudy area and placing Arabic billboards.

The witness replied that he had grown date palms because of the high temperatures in the area. Nameplates with Arabic letters had been put up to attract Arabic students as they were largely visiting the area, he said.

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CA annuls summons issued on President

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The Court of Appeal yesterday annulled the summons issued on President Gotabaya Rajapaksa over the disappearance of two persons in Jaffna in 2011.

Lalith Kumar Weeraraj and Kugan Muruganathan went missing in 2011. Last year, Jaffna Magistrate’s Court issued summons on Rajapaksa over a habeas corpus petition filed by the relatives of the two missing activists. They had named Rajapaksa one of the respondents since he was the Defence Secretary at the time of the disappearances.

Earlier, Rajapaksa had submitted a writ application stating that he found it difficult to appear before the Jaffna Magistrate’s Court due to security reasons. The Court of Appeal issued an injunction preventing Rajapaksa being summoned by the Magistrate.

President of the Court of Appeal A. H. M. D. Nawaz, declaring their decision, said that a Magistrate’s Court could only issue summons over a specific reason. However the Jaffna Magistrate’s Court had issued the summons based on a motion of a lawyer and that there was no legal basis for the summons. Thus, the Court of Appeal issued a writ notification declaring the summons issued by the Jaffna Magistrate’s Court void.

 

 

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