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Terrifying ordeal of crew on board rotting ship in the Colombo harbour

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By Chaminda Silva

Five remaining crew members onboard deteriorating Indian flagged vessel the MV Sai Arambh in Colombo Harbour are in severe distress as they have been disowned by their owner and those responsible and survive thanks to meagre assistance by the Mission to Seafarers, says Captain of the ship, Mushtaq Ahamed Kapade.

Speaking to The Sunday Island, Capt Kapade said that their shipowner had abandoned them on Oct 18, 2019. “I joined as the Master of the ship which left Vishakapatnam on Sept 24, 2019 to Tuticorin Port in Tamil Nadu. We had to cut our journey midway due to engine troubles that we experienced off Sangamankanda Light House on Oct 2, 2019. We sought the assistance from Colombo Harbour, the nearest to us then.

“A tug boat was called, and it towed the ship to the Colombo port, which we reached on Oct, 18, 2019. We had 19 crew members- all Indians – on board. None of the crew had been paid their salaries yet. Several weeks later the owners of the ship came to Colombo and their representative assured the crew that their salaries would be paid and ship would be repaired. They left us here but nothing promised happened despite our letters and reminders,” Capt Kapade said.

He said that as the owners did not pay the salaries and bills of repair the crew resorted to legal action filing a complaint against the owners. Following the complaint the Lankan authorities seized the ship on Jan 29, 2020. Now there is a case against the owners before the Colombo HighCourt. As the legal proceedings dragged on most our crew members returned to India by themselves using whatever means they could.Only six finally remained on board the ship which is reportedly abandoned since Oct 18, 2019. On March 29, 2022 the cook of the ship drowned when he fell into the sea as he was attempting to negotiate the ship’s badly damaged gangway to go ashore.

“Authorities responsible have neglected to attend to this issue citing various reasons. Now there are problems such as deteriorating crew health, safety, and welfare conditions onboard, including limited access to fresh food and potable water, Capt Kapade said.

He added that none of the members of the crew nor he have been paid insurance or the minimum wage, pointing out the injustice of the situation. “Three years have passed but we are still stuck here unable to see our families. At the time the Lankan authorities took us in following a warrant issued by the Colombo High Court.

The shipping company owed us outstanding wages of SLR 7.18 million which continues to accrue. We have no help but whatever assistance extended to us by the Mission to Seafarers in Colombo. The ship is in a dilapidated condition. Its floor plates are so corroded that there are holes through the deck, and we have holes in the galley which leaks, the skylight to the engine room is leaking water, and the hold hatches are heavily corroded. Its roofs are leaking,” he said.Capt Kapade said that the ship could be auctioned by the Lankan authorities and with the money due to the crew and repair cost could be settled by the proceeds. But the ship’s owners appealed against the auction prolonging their agony.



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Judicial vacancies: President keeps country guessing

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President

The NPP government has not taken a final decision regarding filling of the vacancies in the judiciary.

A group of Opposition MPs, led by SJB leader Sajith Premadasa, on 12 June, requested Speaker Dr. Jagath Wickremeratne to take up the issue of judicial vacancies with President Dissanayake. Opposition sources said that there were four vacancies, each in the Court of Appeal and the Supreme Court, and the inordinate delay had adversely affected the judiciary.

Government sources indicated that there was no change in the status quo as regards filling of vacancies. Referring to the government proposal to extend the retirement age of judges, authoritative sources said that no final decision had been taken yet.

SJB lawmaker Dayasiri Jayasekera told The Island that they would raise the issue in Parliament this week.

He said that the deliberate delay in making appointments to superior courts and the move to extend the retirement age couldn’t be taken separately.

The MP noted that the Bar Association of Sri Lanka, the Lawyers’ Collective, the Colombo High Court Lawyers’ Association, Colombo Magistrate’s Court Lawyers’ Association and the Bar Association of Badulla had opposed the government move.

There hadn’t been any public statements in support of the government move, MP Jayasekera said, urging the government to end uncertainty in the judiciary.

by Shamindra Ferdinando

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Sajith calls on Opposition parties to rally around SJB

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Sajith

SJB leader Sajith Premadasa has invited the UNP and other political parties to join his party. Premadasa, who is also the leader of the Opposition, has emphasised that the UNP and the SJB could reach a consensus on policies but his party wouldn’t, under any circumstances, accept whatever formula to share positions. Premadasa said so, speaking to the media over the weekend, after meeting the Mahanayaka Thera of the Malwatta Chapter of the Siyam Nikaya Most Venerable Thibbatuwawe Sri Siddhartha Sumangala Thera.

A statement issued by the Opposition Leader’s Office quoted MP Premadasa as having extended an invitation to all political parties to give up extremist policies and join the SJB.

The SJB leader alleged that the NPP government feared facing elections and that was the reason for the inordinate delay in holding Provincial Council polls. PC polls were last held in 2012, 2013 and 2014, on a staggered basis. Premadasa said that if PC polls were held his party would definitely win the majority of PCs.Premadasa also urged the government to reduce electricity tariffs and fuel prices.

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Ex-EC Chief slams govt. over PC polls delay

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Deshapriya

Former Chairman of the Election Commission, Mahinda Deshapriya, on Saturday, strongly criticised the continued postponement of local government elections, declaring that every day without elections constitutes a violation of both the Constitution and democratic principles.

Speaking during an interview with journalist Bhanuka Rajapaksa, on Hiru TV, on Saturday, Deshapriya described the current administration of local government institutions by unelected officials as fundamentally undemocratic and contrary to the spirit of representative governance.

Deshapriya said local authorities, across the country, are presently being managed by secretaries and bureaucrats rather than elected representatives, depriving citizens of their democratic right to be governed by individuals, chosen through the electoral process.

“If the Constitution recognises and provides for local government institutions, then it is the responsibility of the State to ensure that elections are held and that these bodies are administered by representatives, elected by the people,” he said.

Deshapriya rejected attempts to justify the prolonged delay, arguing that responsibility for the situation rests with the government.

He noted that while various political parties have publicly stated their readiness to face elections, the ruling administration possesses the authority to resolve any issues relating to the electoral system.

The former Election Commission chief pointed out that the government enjoyed a two-thirds majority in Parliament, enabling it to enact any legislative amendments required to facilitate the conduct of elections. Instead, he said, successive committees and review processes had been used to postpone a final decision.

He also referred to efforts by opposition legislators who have moved motions seeking to address concerns relating to the electoral framework and expedite the holding of local government polls.

Deshapriya warned that any attempt to appoint a fresh delimitation committee could further delay the electoral process, making it unlikely that local government elections would be held within the current year.

He also dismissed claims that financial constraints have prevented the conduct of elections. Expressing surprise at such assertions, he questioned how funding shortages could be cited as a reason for postponement while expenditure continues in other sectors.

According to Deshapriya, the existence of laws establishing local government institutions imposes an obligation on the State to ensure that those institutions are populated through democratic means.

“The legal framework exists. If elected representatives are not appointed through elections and institutions continue to function under unelected administrators, that is a failure of the State,” he said.

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