4 Tuesday 14th December, 2010 The Island More News Page Four SC gives... From Page 1 The Court Martial was not a body to of law, sanctions could be imposed, he administer justice, he said. said. TNA joins Tamil Chief Justice: What is the position of When an MP was disqualified from sit- any institution that can try a person? ting in Parliament, the Secretary General Shibly Aziz: They exercise judicial was duty bound to inform the power. But it depends on whether it is done Commissioner of Elections, within one by a legal statute or statue validated by month, to nominate, the next in line, the AG law. contended. Political Party Forum Justice Saleem Marsoof: Can a body General Fonseka was convicted by a which is devoid of the trapping of inde- court martial and sentenced to 30 months Siddharthan said “that finally a Senathirajah coordinating the joint civil administration in the North BY FRANKLIN R.SATYAPALAN pendence and the need to give reason, still rigorous imprisonment, the Attorney consensus was reached that a six meeting in the absence of TNA and East and day to day problems try a person? General said. The joint forum was considered member Sub-Committee consisting Leader R. Sampanthan, now recu- faced by the Tamil people. of three members, three from each perating in India after treatment for The Tamil Political Party Shibly Aziz: It could try. But it is not a The words ‘any court’ in Article 89/d a landmark political agree- the TNA and three from the rest a heart ailment. Forum (TPPF) delegation consisted Court of Law. includes the civil courts and the court mar- ment because almost all Tamil would be nominated shortly to TNA Media Spokesperson, MP of EPDP Leader Minister Douglas Aziz said that judicial decisions should tial, he said. political parties had lost many extensively deliberate on all , said that Devananda, TMVP leader and be made by competent judicial officers. In a The Geneva Convention said that the Court Martial no reasons were given. No court martial should be included as a court of their key members since they aspects of the Tamil national prob- the TNA delegation consisted of Chief Minister of the Eastern lem before formulating the final MPs Appathurai Vinayagamoorthy, Province Sivanesathurai transcript given. The Court Martial was within the Army Act, Navy Act, he said. had fallen proposal.“ M. A. Sumanthiran, Sivashakthi Chandrakanthan, TULF Leader V. needed only to maintain military discipline, The best practices were included in victim to LTTE terror Political Sources said this joint Ananthan, Anandasangari, the Chairperson of he said referring to a Supreme the Army Act to ensure that a person got a forum was considered a landmark P.Selvarajah,T.Ariyanenthiran the Organization For Eelam Court Judgment of 1969 by Justice H. N. fair trial, he said. The accused was given a n a landmark political agree- political agreement because almost and,S.Vinoharalingam and the Refugees Resettlement (OFERR) S. G. Fernando, Sri Skandarajah and G. P. S. proper opportunity for his defence, by ment, the hitherto reluctant all Tamil political parties had lost meeting was constructive and Chandrahasan, Leader of Tamil de Silva, where it was said that the Courts Military regulations. The charges were read ITamil National Alliance (TNA) many of their key members since lasted for over two hours National Liberation Alliance Martial were distinct from the Judicature to the accused and he was given a copy of joined hands with the Tamil they had fallen victim to LTTE ter- Premachandran said. (TNLA) leader of Sri-Telo Act of Sri Lanka. the charge sheet, he said. Political Party Forum (TPPF) aimed ror over the past three decades and The two delegations primarily Uthyarasa, leader of Naba Wing of The Judicial power of the State was The AG further said that the Military at formulating a proposal that all those political parties had failed accepted the necessity for all Tamil EPRLF Sri Tharan. exercised by trained judicial personnel. Not regulations reminded the tribunal that they would be acceptable to all parties. to see eye to eye nor would they sit political parties to speak in one TPPF member and PLOTE Ad hoc appointees, however good they were duty bound to give a fair hearing. The TPPF member and Leader of the together in the past due to the voice on the Tamil national prob- Leader Dharmalingam may be as individuals, Aziz added. court martial was duty bound of sit day to PLOTE Dharmalingam undue influence and fear of LTTE. lem and further deliberated on Siddharthan said that it was decid- Justice Saleem Maroof: Is Martial Law day, unless otherwise for solid reasons. Siddharthan yesterday said the The crucial meeting between the important issues facing the Tamil ed that the two sections, the Tamil distinct from Military Law. The accused had a right to object to any TNA joining the Forum was a big TNA and the rest was held at the people such as problems related to National Alliance (TNA) and the Aziz: Martial Law is effected when the member of the tribunal, hearing the case. boost and as it was well represented ’s Colombo resettlement of the displaced, the Tamil Political Party Forum enemy is at the door during a war. It is even He said the accused could plead guilty in Parliament. The TPPF has now Headquarters, at Retreat Road, Army’s occupation and construc- (TPPF) would meet shortly to nom- stricter than the Military Law. or not guilty to a charge, as in a civilian has nine political parties and two Bambalapitiya last Saturday tion of cantonments in the Vanni inate a six-member Sub The Court Martial was not a Court of court. The court martial could amend the civil organizations. evening, with MP Mavai sector the military interference in Committee. Law, Aziz said. He said that the court mar- charges, as in the criminal procedure code. tial was not even a tribunal or an institution. The accused can object to the jurisdiction The Court Martial is the anti-thesis of what of the court martial, same as in a civilian Postal... From page 1 Grade MR’s reacts... From page 1 was said in Chapter 15 of the Sri Lankan court, he said. 5...From page 1 before becoming an MP sideration his ill-advised visit to Constitution. In a court martial the accused could Bandara said the demands were ter had agreed to grant their demands. Justice Saleem Marsoof: What is the cross examine the prosecution witnesses very reasonable and covered all postal “However we have not had any positive mixed schools, 164, 163 and liaised with the External Affairs the UK. Sources said that the Ministry on behalf of the government hadn’t been fully characteristic of a court of law that is lack- as in a civilian court. The accused could workers. response from the authorities”. 162 were for Wayamba ing in a court martial? give evidence and call witness, as in a High He said that the Union representa- Bandara said that the decision to Presidential Secretariat. briefed on a major protest being Rajakeeya Vidyalaya in Shibly Aziz: The foremost is the Court or a Magistrate Court, the AG said. tives had met the Secretary to the launch an islandwide strike from mid- Kurunegala, Pannipitiya The former Southern planned by the Global Tamil Independence of the Judges in a Court of The accused could make a dock state- Postal Ministry on Friday where the lat- night tomorrow was unanimous. Dharmapala College and Provincial Councillor contested Forum and the British Tamil Law. A due process must be followed in a ment in court martial. The rules of evidence Horana Takshila Vidyalaya the last parliamentary elections on Forum targeting him, though the court of law. There is clear equality in a civil court should be followed in a court respectively. April 8, 2010. Sri Lankan HC in London wanted Another...From page 1 According to the Education between parties in a court of law and there martial according to regulations of the Responding to a query by the visit cancelled. Ministry, the cut off mark for stu- is no convening authority who will confirm Military Law. Even unlisted witnesses authorities, sources said here. tus. dents to gain admission to Tamil The Island, sources said that the The President accommodat- the decision, in a court of law. might be summoned in a Court Martial as On December 4, Ms. Shankar, Shankar was subjected to an Medium schools through the President had ordered the new ed MP Gunawardene in his dele- Chief Justice: Aren’t you tried by your in a civil court, the AG said. was pulled from an airport security enhanced security pat-down at the Grade Five scholarship exam appointment after taking into con- gation to the UK. own people when you are tried by the court Counsel in a court martial could be line and patted down by an American Jackson-Evers International Airport in would be released soon. martial? lawyers. security agent in Mississippi despite Mississippi, ostensibly because she Shibly: The worst thing that can hap- The character of the accused was informing them of her diplomatic sta- was dressed in a sari. (The Hindu) pen to anybody is to be tried by your own assessed by the court martial prior to the From page 1 UNP to... people. imposition of the sentence as in a Civil before Rajapaksa completed his second term in tions levelled at him he had overseen the introduc- Chief Justice: What you say is that the Court, he said. From page 1 UNP... office, Wickremesinghe said. tion of a democratic constitution last Saturday after concept of the court martial is wrong? The procedure of the Court Martial The task of sending Rajapaksa home, he said, many months of deliberations by the party’s decision Municipal Council and Provincial campaign to set up a UNP government Shibly Aziz: Yes, People like a fair trial was fair and reasonable he said. would be entrusted to a UNP team comprising expe- making bodies. and a fair reason. Martial Law was proclaimed when Council members who made numerous to replace the present corrupt regime. rience and youth, drawn from among members of Unity was the key to recapturing power and it had sacrifices to enable the reformists to The campaign for the release of former Justice Dr. Shirani Bandaranayake: ordinary civilian laws and tribunals were parliament, provincial and local councils. been unanimously expressed by all participants, at Does Article 15/8 restrict fundamental suspended, subject to a situation. Martial realise their goal. army commander “It is here that youth leaders like Sajith the UNP’s annual convention held on Saturday, he Premadasa said that Dec. 12 had would continue, he said. rights in Army discipline? Law was very different from Military Law, Premadasa, and Mrs. said. Shibly Aziz: If that transgresses funda- he said. In Martial Law everybody was been a historic day for the UNP as it Addressing the media, Moneragala Maheswaran can play a leading role, in consultation Wickremesinghe thanked all those who had mental right an Indian Court can strike it caught up. In Military law only the Military was on that day that for the first time, District MP with seniors such as , Gamini assisted in conducting the Convention “successful- the party’s top leadership adopted the said MP would Jayawickrema Perera and John Ameratunga.” ly.” off. We cannot do that. persons were involved. ideas and proposals put forward by the become the UNP leader within next 120 Wickremesinghe said that despite various allega- Justice Saleem Marsoof: Then do we Romesh de Silva PC, appeared for grassroots level members. days and he asked UNPers to come for- have to accept the conviction of a court Fonseka, with Sugath Caldera and Viraj de “With the adoption of the new party ward to topple the Rajapaksa govern- Provincial... From page 1 martial? Silva. constitution, the grassroots level ment. Shibly Aziz: What I am trying to say is The Attorney General appeared with UNPers have woken up and I expect to UNP Galle District MP Gayantha Tigers as they had suffered enough and more. Prabhakaran and he thought he was a ‘duke’ and that the court martial does not have the Deputy Solicitor General Farzarne set up a 4-million-member force by mus- Karunathilake, MP The rehabilitated LTTE cadres were fully didn’t heed the advice given by others,” he said. Judicial power, as said in Article 4 and Jameel, Senior State Counsel Nawaz, tering 100 members from each village , Hambantota occupied and they were living peacefully, “Prabhakaran discriminated against the Chapter 15 of the Constitution of Sri Lanka. Senior State Counsel Arjuna Obeysekera and a 10 million-member strong youth District MP , Muralitharan said. Eastern cadres and I left the Wanni with 6,000 Attorney General Mohan Peiris PC and Senior State Counsel N. G. Pulle. brigade by getting 25 youth and women Ratnapura District MP Thalatha People in the Wanni were yearning for peace cadres as I knew that we were just sitting ducks,” said that a person could not get elected or from each village,” Premadasa said. Athukorale, Colombo District MPs and would not want to have another war as they the former LTTE military commander said. The Bench comprised, the Chief sit and vote in Parliament, if he was subject Justice J. A. N. de Silva, Justice Dr. Shirani He said that now was the time to and Rosy had gone through untold suffering,” he said. He said that former LTTE spokesman Anton to any disqualification set out in Articles 89 take forward the party and ask the disil- Senanayake, Badulla District MP Harin Bandaranayake, Justice N. G. Muralitharan said the slain LTTE leader Balasingham was a cunning man and good diplo- or 91. lusioned people to meet him and join Fernando, Kurunegala District MP Prabhakaran had been solely responsible for the mat. Amaratunga, Justice Saleem Marsoof and If a person was convicted by any court forces to propel the Grand Old Party to Ashok Abeysinghe, Southern Provincial LTTE’s debacle as he didn’t heed anyone’s Responding to a question whether Former Justice K. Sripavan. and sentenced to not less than six months, power the way they had done on many Councilor Maithree Gunaratne, former advice and acted on his own accord where cru- Norwegian facilitator Eric Solheim had given Parties were given ten days to file writ- that person could not function as a Member occasions in the past. Minister Upali Piyasoma and former cial matters were concerned and eventually thou- money to the LTTE to purchase arms, he said ten submissions. of Parliament, the AG said. Premadasa said that the new board Provincial Councilor Lakshman sands of people had to pay with their life and that Norway had given money to the Tigers dur- The Supreme Court will convey the of the party would be appointed within Abeygunaratne attended the press con- limb. ing the peace talks and it had been used to pur- Article 100 made it an offence to sit in Parliament. If one was convicted by a court interpretation of Article 89/d to the Court of the next 120 days and would launch a ference. “Many in the LTTE were unhappy with chase arms for the outfit. Appeal, thereafter. Grade 5 Scholarship – 2010 Cut-off marks

No.School Name Address Cut off No. of 19 Pushpadana Balka MV Kandy 161 209 18 Siri Dhamma V Labuduwa, Akmeemana 155 59 Boys Schools Mark Allocation 20 Holy Family Girls School Wennappuwa 161 54 19 Matara MMV Matara 155 87 1 Royal College Colombo 7 179 189 21 St. Thomas Girls High School Matara 160 105 20 Sir John Kothelawala MV Kurunegala 155 86 2 Dharmaraja V Kandy 175 58 22 Samudradevi Balika V Nugegoda 159 78 21 Swarna Jayanthi MV Kegalle 155 51 3 Ananda College Colombo 10 174 229 23 Swarnamali BMV Kandy 159 51 22 Thakshila MV Gampaha 154 90 4 Maliyadeva Boys College Kurunegala 174 68 24 Gothami Balika MV Temple Rd., Col.10 158 200 23 Devananda MV Ambalangoda 154 71 5 Nalanda MV Colombo 10 171 139 25 Sri SumangalBalika MV Panadura 158 52 24 Ananda V Chilaw 154 65 6 Kingswood College Kandy 171 53 26 Kegalle Balika MV Kegalle 158 72 25 Rajakeeya MMV New Town, Polonnaruwa 154 86 7 Richmond College Galle 170 50 27 Visaka BV Sapugaskanda 157 43 26 Embilipitiya MMV Embilipitiya 154 46 8 St. Annes MV Kurunegala 170 48 28 Ananda Balika V Maligakanda Rd., Col.10 156 97 27 Japalawatta Janadipathi MMVMinuwangoda 153 199 9 D. S. Senanayake 62, Gregory Rd. Col. 7 169 158 29 Viharamahadevi BMV Kandy 156 54 28 Lakdasa MV Kurunegala 153 48 10 Isipatana MV Colombo 05 166 69 30 Sri Sangamitta Balika MV Matale 156 63 29 Eheliyagoda MMV Eyeliyagoda 153 190 11 Rahula Collage Matara 166 95 31 Rippon Balika V Galle 154 76 30 Weeraketiya MMV Weeraketiya 152 236 12 St. Sylvester’s College Kandy 165 77 32 Panadura Balika MV Panadura 153 158 31 MV Tholangamuwa 152 79 13 Mahinda College Wodwered Mw., Galle 165 51 33 Hemamali BMV Kandy 153 76 32 Lumbini V Colombo 5 151 107 14 Thurstan MV Colombo 3 164 107 34 Seethadevi BMV Kandy 152 45 33 Dhammissara MMV Nattandiya 151 88 15 Mahanama MV Kollupitiya, Col.3 162 99 35 Sumana Balika MV Ratnapura 152 131 34 Gurukula MV Kelaniya 150 137 16 Bandaranayaka MV Gampaha 161 353 36 Newstead Balika MV Negombo 151 90 35 Harischandra MV Temple Rd., Negombo 150 51 17 Vidyartha College Kandy 161 73 37 Princes of Wales College Moratuwa 150 55 36 Janadhipathy Kotuwa, Matara 150 50 18 St. Aloysius College Galle 161 47 38 Anula Devi Balika V Galle 150 79 37 Telijjawila MMV Telijawila 150 199 19 Kegalle MV Kegalle 161 40 39 Vidyakara Balika V Maharagama 149 41 38 Mayurapada MMV Narammala 150 266 20 Asoka V. Colombo 10 160 42 40 Nalanda Balika MMV Minuwangoda 149 56 39 Niwaththakachethiya MMV Anuradhapura 150 84 21 St. Thoams Boys College Matara 158 102 41 Kristudewa Balika MV Baddegama 149 46 40 Hengama MMV Henegama 149 92 22 Sri Sumangala MV Kandy 157 56 42 Swarnapali Balika MV Anuradapura 149 102 41 Sri Palee MV Horana 149 176 23 St. John’s MV Nugegoda 156 45 43 Rathnawali BMV Park Rd. Borella, Col.8 148 53 42 Ananda Sastralaya Matugama 149 95 24 Josehp Vaz MMV Wennappuwa 156 85 44 Kuda Kusum Balika MV Bandarawela 148 62 25 Vidyaloka MV Wakwella Rd, Galle 154 48 45 Tangalle Balika V Tangalle 146 87 43 Sri Rahula V Katugasthota 149 77 26 Prince of Wales College Moratuwa 153 106 46 Visaka Balika MV Bandarawela 145 65 44 Piliyandala MMV Piliyandala 148 157 27 St. Mary’s College Kegalle 153 72 47 Marawila BMMV Marawila 144 40 45 Rajasingha MMV Hanwella 148 192 28 St. Servatius College Matara 149 76 48 Dankotuwa Girls MV Dankotuwa 143 45 46 Peradeniya MMV Peradeniya 148 40 29 St. Thomas College Matale 148 197 49 Kalutara Balika MV Kalutara 142 45 47 Walasmulla MV Walasmulla 148 90 30 St. Aloysius V Ratnapura 147 103 50 Viharamahadevi Balika MV Badulla 142 45 48 Kekirawa MMV Kekirawa 148 242 ————————— ————————— 49 St. Joseph’s MV Bandarawela 148 40 Girls Schools Mix Schools 50 Thopuwewa MV Polonnaruwa 147 50 1 Vishaka Balika MV Vajira Rd, Col. 4 179 136 51 Gankanda MMV Pelmadulla 146 150 2 Devi Balika MV Colombo 8 174 188 1 Wayamba Rajakeeya PV Kurunegala 164 99 52 Poramadulla MMV Rikillagaskada 145 232 3 Mahamaya BMV Kandy 173 79 2 Dharmapala MV Pannipitiya 163 51 53 Vijitha MMV Dickwellaq 145 62 4 Maliyadeva Balika MV Kurunegala 172 89 3 Taxila MMV Horana 162 233 54 Sri Lanka Singapore FrenshipKondagala, Weeraketiya 145 92 5 Sirimavo Bandaranike MV Colombo 7 171 115 4 Maliyadeva Model School Col. Road, Kurunegala 161 84 55 D. S. Senanayake MMV Ampara 145 167 6 Southland Balika MV Galle 169 57 5 Bandarawela MMV Bandarawela 161 84 56 Anamaduwa MMV Anamaduwa 145 105 7 Anula Balika MV Nugegoda 168 86 6 Dharmashoka MV Ambalangoda 160 188 57 Badulla MMV Badulla 145 273 8 Girls High School Kandy 168 94 7 Kuliyapitiya MMV Kuliyapitiya 159 234 58 Debarawewa MMV Tissamaharama 144 44 9 Holy Family Balika MV Kurunegala 168 46 8 Seevali MMV Hidellana, Ratnapura 159 140 59 Thambuththegama MMV Thambuttegama 142 53 10 Rathawali Balika MV Gampaha 167 234 9 C.W.W. Kannangara MV Mathugama 158 129 60 Medawachchiya MMV Medawachchiya 142 40 11 St. Paul’s Balika MV Milagiriya, Col. 5 166 45 10 Pinnawala MMV Rambukkana 158 160 61 Nugawela MMV Nugawela 148 89 12 Sujatha Balika V Rahula Rd., Matara 166 98 11. Bandaranayake MMV Veyangoda 157 222 62 A. Rathnayaka MMV Walala, Menikhinna 148 53 13 Viharamaha Devi BV Kiribathgoda 164 46 12 Sri Darmaloka MMV Kelaniya 157 59 63 Galahitiyawa MMV Ganemulla 148 80 14 Sangamitta MV Wakwella Rd, Galle 164 69 13 Rajakeeya V Horana 157 57 65 D.S.Senanayaka MMV Mirigama 148 146 15 Ferguson Girls High School Ratnapura 163 87 14 Dharmapala MV Bandarawela 157 52 64 Sangabodhi MMV Nittambuwa 148 109 16 St.Joseph’s Balika MV Kegalle 163 107 15 Ruhuna Vijayaba MV Sitinamaluwa, Tangalla 156 46 66 Rajasingha MMV Ruwanwella 148 123 17 St. Joseph’s BMV Nugegoda 162 55 16 Ibbagamuwa MMV Ibbagamuwa 156 239 67 Senanayaka MMV Madampe 142 81 18 Yasodara Devi Balika MV Gampaha 161 129 17 Anuradhapura MMV Anuradhapura 156 358 68 Sandalankawa MMV Sandalankawa 148 45