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The crisis over IGP must not be escalated

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by Jehan Perera

Inspector General of Police Deshabandu Tennakoon finds himself at the centre of a controversy that goes to the heart of Sri Lanka’s democracy. The Supreme Court has directed that he should be restrained from acting in the position of head of police until the court has fully considered all the petitions submitted against his appointment.  Much to the consternation of law-abiding people the government has announced its decision not to act on the Supreme Court interim order restraining Deshabandu Tennakoon from functioning as the Inspector General of Police. Despite the ruling by the highest court in the land, the government insists that the IGP will continue to hold office, which is not acceptable in a law governed society. The threat to democracy cannot be underestimated.

 Delivering a special statement in Parliament, Prime Minister Dinesh Gunawardena stated that the Supreme Court cannot change the approval granted by the Constitutional Council to appoint the current IGP and therefore the IGP continued in his position.  The Bar Association has stated that “The claim that the Supreme Court does not have power to question appointments made by the President which are approved by the Constitutional Council is, in the view of the BASL, totally untenable.” President Ranil Wickremesinghe, who has declared his candidacy in the upcoming presidential election, has stated that he will not appoint an acting IGP as this may lead to election petitions being filed against him.

 IGP Tennakoon’s appointment was controversial for two reasons in particular.  First, he had been found guilty of torture that had taken place over a decade earlier by the Supreme Court no less and fined along with a directive that he be subjected to disciplinary action.  This was in addition to a number of other complaints of human rights violations by him on other occasions.  He was acting IGP at that time.  Instead of being disciplined he was promoted to the position of IGP.

 The manner of IGP Tennakoon’s appointment as IGP was also controversial.  The constitutional council which was set up to ensure the selection of high officers of state was divided on the issue.  According to the constitutional amendment that established the constitutional council, a minimum of five of the nine members in it needed to give their assent to his appointment.  Only four members voted in favour.  Two opposed his appointment and two abstained. The speaker of parliament who chairs the constitutional council made a controversial decision when he decided to count the two abstentions to be equivalent to votes against appointment of the prospective IGP. As the vote taken would then be tied at four in favour and four against, the speaker used his prerogative of a deciding vote to make it five to four in favour of the appointment.

 GOVERNMENT STANCE

 There were nine petitions filed in the Supreme Court against the appointment of IGP Tennakoon to the highest position in the police.   These included the allegation that he had been remiss in his investigations of the Easter bombing of 2019 that led to 250 deaths and a larger number being injured. It was on these grounds among others that the Supreme Court issued an interim order to suspend the IGP from his post until such time as the cases against him were decided.

 The government has come up with various arguments against the Supreme Court decision.  One is that the constitutional council is part of the legislature and the Supreme Court cannot decide on matters concerning the legislature.  The Centre for Policy Alternatives in a statement has noted “that there has been significant misinformation on the validity and the impact of the Supreme Court’s order, including in the Prime Minister’s statement to the House on 27th July. The Supreme Court’s interim order was not against Parliament, nor was it against the Constitutional Council. The Constitutional Council, moreover, is not a committee of Parliament and thus is not protected by the parliamentary privilege of exclusive cognisance.”

 Another argument presented by the government is that the president is no longer in a position to appoint an acting IGP as he has declared his candidature at the forthcoming presidential election and can be subjected to election petitions if he does make any acting appointments. The net result is that IGP Tennakoon continues to stay in office.  But his stay is in defiance of a Supreme Court judgment.  Among the general public there is much deference and respect for judicial decisions.  People do not wish to fall into contempt of court by defying the judiciary or speaking disparagingly of it.   In this case, however, IGP Tennakoon has powerful allies backing him. They need to find ways to make the acting appointment instead of saying that nothing can be done. Something can be done, and this includes the president making the acting appointment with the assent of the constitutional council, as indeed is constitutionally required, which would protect against charges of bias.

 Regrettably, the present governmental stance undermines the foundational principle of parliamentary democracy, which relies on the separation of powers among the presidency, parliament, and the judiciary. These three branches of government are designed to function as a system of checks and balances, preventing the abuse of power by any single branch. The rule of law, is at the basis of democratic governance. The 17th century English philosopher John Locke, asserted that “wherever law ends, tyranny begins.” Similarly, the 17th century French philosopher Montesquieu emphasised the necessity of separating governmental powers to prevent despotism: “There is no liberty if the judiciary power be not separated from the legislative and executive.” The government’s current actions contradict these principles and threaten the balance that sustains Sri Lanka’s democratic system.

 WAY OUT 

The government’s refusal to comply with the Supreme Court’s order challenges these principles and undermines the legal framework that supports democratic governance. The notion of judicial review, which allows courts to assess the constitutionality of legislative and executive actions, is integral to maintaining the balance of power. By ignoring the judiciary’s directive, the government not only breaches this balance but also threatens the legal predictability and stability that are vital for societal order.

 By disregarding judicial decisions, the government sets a dangerous precedent that could erode public trust in the legal system and encourage similar behaviour among elected officials at other levels of government. The general population is bemused by the arguments made by government members regarding the issue of IGP Tennakoon’s continuation in office.  The vast majority of the population believe that the Supreme Court is the final arbiter on legal matters and is a last refuge for justice.  In addition, the country is on the path to a presidential election in less than two months in which the government can change and the support to IGP Tennakoon can vanish with immediate effect to his detriment.

 In these circumstances, it would be judicious of IGP Tennakoon to take the Supreme Court judgment to heart and withdraw himself from performing the IGP’s functions.  He would otherwise be in contempt of court.  By withdrawing himself from his current duties and responsibilities, he would be showing respect to the judiciary, to the concepts of separation of powers and to the system of checks and balances that form the basis of the system of democratic government.  Such an action would also help to defuse a brewing crisis that if escalated could undermine the stability that is needed for the country’s economic recovery.  President Wickremesinghe has clearly said this is a danger that needs to be avoided and needs to take remedial action accordingly.



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Features

‘Silent Majority’ abandoned to Long-suffering in regional conflicts

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People of the Gaza strip gather to collect food. (Haitham Imad/EPA, via Shutterstock)

With reports emerging that India has attacked some ‘sites’ in Pakistan and Pakistan-administered Kashmir, the question could be posed whether the stage has just been set for yet another costly India-Pakistan military conflict. Sensible opinion in South Asia could only hope that wise counsel would sooner rather than later come to prevail on both sides of the divide and that they would draw back from the brink of full-scale war.

The states concerned ought to know fully well the possible wide-ranging weighty consequences of another regional conflict. It should be plain to see that it would benefit none in the two theatres of confrontation, most particularly the relevant publics or the ‘Silent Majority’.

In fact, in connection with the mentioned initial military attacks, the Pakistani side has gone on record that some civilian lives have been lost. Such losses could burgeon in the event of full scale hostilities. These costs could of course be staggering and unimaginable in the event the nuclear option is resorted to by the sides, going forward.

Accordingly, the hope of the peace-loving world-wide is likely to be that India and Pakistan would give negotiations a chance and resolve their differences peacefully. It would be in the best interests of the world for the champions of peace to join their voices to that of UN chief Antonio Guterres and call on the sides to negotiate an end to their differences.

The utter helplessness and misery of the people of the Gaza ought to drive home afresh the horrors of war. Currently the news is that the Gazans are literally starving to death. Food and other essentials provided by UN agencies are reportedly being prevented by Israel from getting to the hapless people of Gaza. So dire is their situation that concerned quarters are calling on the compassionate worldwide to provide the Gazans with food, water and other essentials voluntarily. This SOS would need to be heeded forthwith.

Accordingly, it could be inferred that most formal arrangements, including those that are generally under the purview of the UN, geared to providing emergency humanitarian assistance to the needy, have, for all intents and purposes, been rendered ineffective in the Gaza. The UN cannot be faulted for this state of things; rather, Israel should be held accountable in the main for it.

The matter of accountability is central to the dramatic slide into lawlessness the world has been experiencing over the past few decades. As could be seen, International Law is no longer fully applicable in the conflict and war zones of the world because it is not being adhered to by many state and non-state aggressors. That the UN is hapless in the face of such lawlessness is plain to see.

We have of course the Middle East wherein International Law has fallen silent for quite a while. How could it be otherwise, when Israeli aggressions are being winked at by the US, for which the policy of backing Israel is almost sacrosanct?

Moreover, under President Donald Trump, it is difficult to see the US changing policy course on the Middle East. Trump made vague promises of bringing peace to the region in the run-up to his reelection but has done nothing concrete by way of peace-making. Consequently, complete lawlessness prevails in the Middle East. US policy towards Israel counts as another example of how the self- interest of US central administrations blinds them to their international obligations, in this case Middle East peace.

However, the commentator could be criticized as being biased if he holds only Israel responsible for what has befallen the Middle East. It has been the position of this columnist that Israel’s security needs should be taken cognizance of by its state and non-state adversaries in the Middle East and acted upon if the basis is to be laid for a durable Middle East peace. Inasmuch as Palestinian statehood must be guaranteed, the same should be seen as applicable to Israel. The latter too enjoys the right to live in a secure state of its own, unopposed by its neighbours.

The Ukraine of today is also sad testimony to the ill consequences of powerful, aggressor states wantonly disregarding International Law and its obligations. Nothing could justify Russia in invading Ukraine and subjecting it to a condition of Longsuffering. Clearly, Ukraine’s sovereignty has been violated and such excesses go to the heart of the current state of ‘International Disorder’. Of course the same stricture applies to the US in relation to its military misadventures in Afghanistan and Iraq, to name just two such modern examples.

There is no ducking the fact, then, that civilian publics in the mentioned theatres of war and outside, are being subjected to the worst suffering as a consequence of the big powers’ self-aggrandizement schemes and military misadventures. Longsuffering becomes the tragic lot of the people who have nothing to do with such unbridled power ambitions.

One would not be exaggerating the case if he states that civilian publics count for almost nothing in the present ‘International Disorder’. Increasingly it is becoming evident that from the viewpoint of the big powers and authoritarian governments the people are of little or no importance. Considering that self-aggrandizement is of the paramount interest for the former the public interest is coming to be seen as inconsequential.

Consequently, not much of a case could be made currently for the once almost reverentially spoken of ‘Social Contract’. For, the public interest does not count for much in the scrambles for power among the major powers who are seen at the popular level as the principal history-makers.

It is in view of the above that much is expected of India. Today the latter is a ‘Swing State’ of the first importance. Besides being a major democracy, it is one of the world’s principal economic and military powers. It possesses abundant potential to help to put things right in international politics. If there is one state in Asia that could help in restoring respect for International Law, it is India.

Considering the above, India, one believes, is obliged to bear the responsibility of keeping South Asia free of any more long-running, wasting wars that could aggravate the material hardships and socio-economic blights of the region. Thus, India would need to consider it imperative to negotiating peace with Pakistan.

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Memorable happening … Down Under

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Lyceum swimmers at Melbourne Sports and Aquatic Centre

Under the Global-Ise Australia Advanced Sports Development Programme, a delegation of 15 swimmers from Lyceum International School, Wattala, had the remarkable opportunity to train and experience high-performance sports development in Melbourne, Australia.

The 10-day programme was carefully curated to offer intensive training, educational exposure, and cultural experiences for the young athletes.

The swimmers underwent specialised training through Swimming Victoria’s elite programme, held at some of Melbourne’s premier aquatic facilities.

Visit to Victorian Parliament

Each day began as early as 5:00 a.m. and continued until 7:00 p.m., ensuring a rigorous and enriching schedule that mirrored the standards of international competitive swimming.

Beyond training, the programme offered a wide array of experiences to broaden the students’ horizons.

Morning training

The tour group explored iconic landmarks such as the Victorian Parliament and the Melbourne Cricket Ground (MCG), and enjoyed shopping at Chadstone – The Fashion Capital. They also experienced the natural beauty of Victoria with visits to Yarra Valley Chocolaterie & Ice Creamery, and Cardinia Reservoir Park, where they observed kangaroos in their natural habitat.

An academic highlight of the tour was the group’s exclusive visits to three of Australia’s leading universities: the University of Melbourne, Monash University, and Deakin University. These visits aimed to inspire students and showcase the vast educational opportunities available in Australia.

Checking out the scene at Yarra Valley Chocolaterie & Ice Creamery

As part of the cultural immersion, Global-Ise hosted a traditional Australian BBQ at the Tim Neville Arboretum in Ferntree Gully. The students also enjoyed a variety of diverse culinary experiences each evening, further enriching their understanding of local and international food cultures.

The tour concluded with a celebratory dinner at the Spicy Wicket Restaurant, where each participant received a presentation in recognition of their involvement.

Enjoying an Aussie BBQ for lunch

The evening was made especially memorable by the presence of Pradeepa Saram, Consul General of Sri Lanka in Victoria.

Global-Ise Management—Ken Jacobs, Johann Jayasinha, and Dr Luckmika Perera (Consultant from the University of Melbourne)—did a magnificent job in planning and the execution of the advanced sports programme.

Coaches from Sri Lanka presenting a plaque to Global-Ise Management team
Ken Jacobs (centre), Johann Jayasinha, and Dr Luckmika Perera (on the right

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Bright, Smooth Skin

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Hi! How’s the beauty scene keeping with you?

Phew, this heat is awful but there is nothing that we can do about it.

However, there are ways and means to take care of your skin and I will do my best to help you in every way I can.

Well, this week, let’s go for a Bright, Smooth Skin.

Gram flour (also known as besan) is a traditional skincare ingredient known for its:

*  Natural exfoliating properties.

*  Ability to absorb excess oil.

*  Gentle brightening and tan-removal effects.

*  Suitability for all skin types, especially oily and acne-prone skin.

You will need 01–02 tablespoons gram flour (besan) and rose water, or raw milk, to make a paste.

You could add the following two as optional add-ins: A pinch of turmeric (for extra glow), and a few drops of lemon juice (for oily skin and pigmentation)

Add the gram flour to a small bowl and mix in the rose water (for oily/sensitive skin) or raw milk (for dry skin) slowly.

Stir well to make a smooth, spreadable paste—not too thick, not too runny.

Now apply this mixture, evenly, to your damp face and neck, and let it sit for 5–10 minutes (don’t let it dry completely if you have dry skin).

Gently massage in circular motions using wet fingers—this helps exfoliate.

Rinse off with lukewarm water, and then pat your skin dry.

Use it 02–03 times a week for best results.

Skin Benefits:

*  Removes dirt, sweat, and oil without stripping natural moisture.

* Gently exfoliates dead skin cells, revealing smoother skin.

* Brightens the complexion and fades mild tanning.

* Helps clear clogged pores and reduce pimples.

*  Leaves skin fresh and glowing—perfect for humid climates.

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