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Tharindu files FR petition against his arrest: IGP among respondents

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Tharindu Uduvaragedara

Journalist Tharindu Uduvaragedara has filed a fundamental rights petition against the police against forcibly arresting, assaulting and detaining him in a police cell. Uduvaragedara alleged that he was arrested as he was returning home after covering a protest.

Uduvaragedara, who is currently working as the National Organiser of the Federation of Media Workers’ Unions as well as the editor of the Whatnews website, filed the fundamental rights petition on June 12th.

Last year (2023) on July 28, he was arrested and assaulted after reporting a protest in Borella.

The incumbent Inspector General of Police Deshbandu Tennakoon, who had been the Senior Deputy Inspector General of Police in charge of the Western Province at the time, Borella Police Station Officer in Charge?? Janaka Withanage and former Inspector General of Police C.D. Wickramaratne and others have been named as respondents in the fundamental rights petition filed by lawyer Manjula Balasuriya on behalf of lawyer Swastika Arulingam.

A case against Tharindu Uduwaragedara has been pending in the Colombo Magistrate’s Court for almost a year, and even at the time of filing the fundamental rights case, the police have failed to file specific charges regarding his arrest.

On June 11, 2024, when the case was heard before the Colombo Chief Magistrate’s Court No. 2, the police said that more people should be arrested, so they should be given time.

Lawyer Swastika Arulingam requested that if no further criminal charges are filed there, Tharindu Uduwaragedara be released from court proceedings.

Here, the magistrate said that if charges are not filed by the next court session, he will do so.

Since the inauguration of the current President Ranil Wickremesinghe, there have been a number of incidents of police assaulting, arresting and harassing journalists.

The report on press freedom issued by the International Federation of Journalists on May 3, 2024 also mentioned the restrictions on press freedom in Sri Lanka and the arrest of journalist Tharindu Uduvaragedara.

Also, Kurunegala journalist Bimal Ruhunage and Bingiriya journalist Dineth Kumara were arrested and remanded. The complaints of both journalists will be examined before the Human Rights Commission.



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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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