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Covid-19 Sliding Local Cases Total Cases Towards 3,345 a Grave Deaths Recovered Disaster Active Cases 174 13 3,158 Rs
Illegal and hazardous constructions COVID-19 SLIDING LOCAL CASES TOTAL CASES TOWARDS 3,345 A GRAVE DEATHS RECOVERED DISASTER ACTIVE CASES 174 13 3,158 RS. 70.00 PAGES 88 / SECTIONS 7 VOL. 02 – NO. 53 SUNDAY, SEPTEMBER 27, 2020 CASES AROUND THE WORLD RECOVERED TOTAL CASES 22,092,196 DORMANT 20A STIRS UP A DEATHS OIL PIPELINE HORNET’S NEST IN AND 30,407,457 951,473 RESURFACES OUTSIDE GOVERNMENT THE ABOVE STATISTICS ARE CONFIRMED UP UNTIL 7.20 P.M. ON 25 SEPTEMBER 2020 »SEE BUSINESS PAGE 1 »SEE PAGES 8 & 9 »SEE PAGE 5 LRT project still alive z Transport Ministry yet z Cabinet decision z Current cost lower to act on letter required to terminate than initial estimate BY MAHEESHA MUDUGAMUWA this is a costly project and we have to think about the country’s The Colombo Light Rail Transit (LRT) Project is yet economic situation after the to be terminated despite the request made by impact of Covid. Therefore, the President’s Secretary Dr. P.B Jayasundara as per the President’s Secretary requested directives of President Gotabaya Rajapaksa last me to think about this project week, The Sunday Morning learnt. and take proper decisions. The decision of course cannot be When contacted by The Sunday project had been approved by the made at the ministry level. It Morning, Ministry of Transport Cabinet, it should be terminated should be done by the Cabinet Secretary Monti Ranatunga by the Cabinet, he said. of Ministers because this project stressed that the directives to “There is an evaluation started based on the cabinet terminate the project should committee, and the committee’s decision.” come from the Cabinet; as the recommendation is that maybe Contd. -
In the Supreme Court of the Democratic Socialist Republic of Sri Lanka
IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an application under and in terms of Article 126 of the Constitution of Republic of Sri Lanka. Nagananda Kodituwakku, 99, Subadrarama Road, Nugegoda. Petitioner SC/FR/214/2016 Vs. 01. The Attorney General, The Attorney General’s Department, Colombo-12. 02. Ravi Karunanayake, Minister of Finance, General Secretariat, z Colombo-01. 03. Vajira Narampanawa Secretary Ministry of Parliamentary Reforms 464B, Pannipitiya Road Palawatta Battaramulla 04. The Attorney General, The Attorney General’s Department, Colombo-12. Respondents Page 1 of 12 To: THE HONOURABLE CHIEF JUSTICE AND THE OTHER HONOURABLE JUSTICES OF THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA On this 24rd day of June, 2016 The Petition of the Petitioner above named (hereinafter referred to as the “Petitioner”) appearing in person respectfully states as follows. 1. The Petitioner, citizen of Sri Lanka respectfully states that this petition is presented to Your Lordships’ Court in exercising his humble and faithful duty to uphold and defend the Constitution and the law of the said Republic as an Attorney-at-Law as well as in exercising his Constitutionally dictated Fundamental Duties as a Citizen of the said Republic to uphold and defend the Constitution and the law, to preserve and protect public property and to combat misuse and waste of public property, to respect the rights & freedoms of others [Articles 28 (a), (d) & (e)] and as well as being the former head of the Sri Lanka Customs Revenue Task Force and in General and Public interest, seeking to invoke Your Lordship’s Court Just and Equitable Jurisdiction under and in terms of Article 126 of the Constitution read with Article 17 thereof, to seek redress for his grievances, which shall be morefully asserted hereinafter. -
Annual Report 2018 - 2019
BAR ASSOCIATION OF SRI LANKA ANNUAL REPORT 2018 - 2019 CONTENTS Message from the President Overview by the Secretary Chapter 01 - 1st Bar Council Meeting and Convocation 2018 - 2019 7 Chapter 02 - Management and Membership 33 Chapter 03 - Bench and Bar 45 Chapter 04 - Continuous Legal Education 49 Chapter 05 - Assistance to Outstation Bars 69 Chapter 06 - Relations with International Bar Associations 73 Chapter 07 - Legal Aid and Access to Justice 77 Chapter 08 - Maintenance of Standards of Professional Conduct 81 Chapter 09 - BasL - Facelift to Infrastructure, Facilities and Staff 87 Chapter 10 - Members’ Social and Welfare Activities 93 Chapter 11 - Felicitation of Lawyers who Completed 50 Years at the Bar and the Appreciation Night 97 Chapter 12 - BASL’s Engagement with MoJ, Jsc and AG’s Department 101 Chapter 13 - Independence of the Judiciary and Protection of Rule of Law 105 Chapter 14 - BASL Publications, Correspondence and Media 111 Chapter 15 - BASL Election 2019 121 Chapter 16 - Treasurer’s Report 125 ANNUAL REPORT 2018 - 2019 BAR ASSOCIATION OF SRI LANKA Message from the President batches of Apprentices, in the eve of approval from all stake holders thus their Big day of being called to the Bar, it will be only a matter of time before after being reminded of the certain the suggestions included therein are fundamental core values which were implemented. to be adhered to and preserved in the legal profession were distributed Once the propositions presented their BASL ID cards, enabling them through the said report are schemed to engage in their professional duties out, not only uncontrollable amount from the first day of stepping into the of entry into the profession will be legal arena. -
Indefinite Strike Over Unresolved Wage Dispute Cripples Estate Sector
Issue No. 160 December 2018 - March 2019 Indefinite strike over unresolved wage dispute cripples estate sector Protest in Nuwara Eliya town. Pic by Shelton Hettiararchchi The workers are demanding their basic daily wage be increased from Rs. 500 to Rs. 1000. – Sunday Times -09/12/2018 Human Rights Review : December 2018 - March 2019 Institute of Human Rights INSIDE THIS ISSUE: Editorial 03 A Country in turmoil Situation in the North & East 05 Killings of two PCs in Batticaloa :... 06 Army still holds 14,769 acres Keppapulavu: Land Struggle Reaches 07 Flash floods in North Deprived of their dwelling places for nearly 10 years when will we get our lands back? Corruption - Past & Present 08 Executive Presidency Misconceptions How lawmakers prosper with taxpayers‟ money 09 Inside Story of the First - Ever Foreign Indictment of A Lankan Ambassador 10 More portfolios; a reward for protecting Govt. during crisis? 11 Is Customs Dept „Customised‟ for some VIPs? Charles exposes corrupt cargo consignments 12 Act quickly to deactivate the drug barons 13 Madush is the Tip the iceberg looks nothing like him 14 Bond scam no fault of mine, says Ranil 15 Less that 20% MPs use free laptops on their tables 16 Sri Lanka seeks divine help to end power crisis War Crimes / Reconciliation 17 Rebel cadre turned politician rules out re-emergence of war 18 Approval for TRC mechanism Navi Pillay blasts Govt 19 Expert opinion on Mannar mass grave clears Sri Lanka of war crime 20 UN rights chief warns Sri Lanka of fresh conflict Human Rights 22 -
Doctor of Philosophy
THE DOMESTIC IMPLEMENTATION OF THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL, AND CULTURAL RIGHTS IN INDIA, NEPAL, AND SRI LANKA: A COMPARATIVE STUDY Thesis Submitted in Partial Fulfillment of the Requirements for the Award of the Degree of Doctor of Philosophy In Human Rights By Md Nazeer Hussain Under the Supervision of Professor Abdulrahim P. Vijapur Department of Political Science Aligarh Muslim University Aligarh, India 2017 Acknowledgements The credible opportunity to complete the task on time is only possible with the blessings of Allah, the Creator of all the worlds. I am very thankful to Almighty Allah for giving me courage, patience, and sincerity throughout in completing this study. The honest effort, care, and love of my parents – Mr. Md Zaheer Hussain and Mrs. Zahida Khatoon – to boost my career are the strongest things in this world that help me to achieve my goals. Words can’t express humble gratitude to them. May Allah give them better rewards in this world and hereafter? The strength that helps me to achieve this academic height is none other than my respected mentor Professor Abdulrahim P. Vijapur. His incredible guidance and encouragement always inspire me to improve my research performance. The perceptive, substantial, and insightful comments on the earlier drafts of this thesis greatly improved its contents and readability of the final draft. Whenever I faced ambiguities in my academic expressions and writings while drafting many drafts of the study, it was my mentor who stood like a rock to rescue me from getting drowned in the muddy waters of academic chaos. I can’t express my gratitude in words. -
Affidavit I, Nagananda Kodituwakku, a Citizen of Sri Lanka and the UK, a Pu
Affidavit I, Nagananda Kodituwakku, a citizen of Sri Lanka and the UK, a public interest litigation activist, an Attorney at Law (Sri Lanka) and a Solicitor (UK), being Buddhist, currently residing at 99, Subadrarama Road, Nugegoda, do hereby solemnly and truly declare and affirm as follows:- I am the affirmant above-named and I affirm to the facts herein contained from my personal knowledge and by reference to records available to me, and I do so purely in the public interest to reveal the judicial corruption in the Republic of Sri Lanka that obstruct the course of justice, favouring the judges themselves or the Executive in power. Judicial corruption too, is a punishable offence under the Bribery Act The Bribery Law provides that any person holding any public office to confer a wrongful or unlawful benefit, favour or advantage on himself or any person, or that any wrongful or unlawful benefit, favour or advantage will be conferred on any person does, or forbears to do, any act, which he is empowered to do by virtue of his office participates in the making of any decision by virtue of his office as a public servant induces any other person, by the use, whether directly or indirectly, of his office as such public servant to perform, or refrain from performing, any act, shall be guilty of the offence of corruption and shall be liable to imprisonment for a term not exceeding ten years or to a fine not exceeding one hundred thousand rupees or to both such imprisonment and fine (Section 70 of the Bribery Act). -
REVIEW Vol 29 | Issue 347 | Jan
ISSN: 2659-2150 LST REVIEW Vol 29 | Issue 347 | Jan. 2019 www.lstlanka.org Will Sri Lanka ever have a People’s Constitution? LST REVIEW Vol 29 | Issue 347 | Jan. 2019 Will Sri Lanka ever have a People’s Constitution? Law & Society Trust First Published 2019 ISSN (print): 1391-5770 ISSN (online): 2659-2150 Around the Nation in Fifty Days: How the People Engaged with the Constitutional Crisis Vidura Prabath Munasinghe The author captures citizens' reactions and opinions during the constitutional crisis that engulfed Sri Lanka in the 50 days following 26 October 2018 via in-depth interviews carried across a cross-section of the country with the objective of examining how the citizenry responds and reacts to a complex political scenario of this nature. On the Process of Creating a People’s Constitution Lal Wijenayake The writer provides an insider look of the ongoing constitutional reforms process, emphasising on its representation from the populace as well as all elected political parties and contrasts it against previous non- inclusive constitution-making initiatives. Sustaining Constitutional Government - the Threats and Tests of Sri Lanka’s Living Constitution Suri Ratnapala Suri Ratnapala sets out the principles of constitutional governance including an overall culture of independence and impartiality and traditions of liberal democracy, the threats and challenges to such, and the importance of social forces and institutions rooted in popular attitudes in the upholding of constitutional governance. The Supreme Court’s Tryst with Destiny Radhika Coomaraswamy The author provides an in-depth jurisprudential analysis of the recent Supreme Court judgment on the powers of the executive as provided by the 19th Amendment to the Constitution emerging from the constitutional crisis of October 2018. -
Senior Contributions.Pdf
ARE LEGAL PROFESSIONALS SHIRKING THEIR RESPONSIBILITY? : THE REALITY OF CURBING CORRUPTIONA IN SRI LANKA Sarath Jayamanne President’s Counsel Director General - Commission to Investigate Allegations of Bribery or Corruption (CIABOC) Introduction Approximately $2 trillion are wasted on corruption in the world annually. This figure does not take into account consequences of corruption that are difficult to quantify, such as lost investments and a reduced tax base. It only factors in the amount paid as bribes.1 Many countries in the world, especially in Asia, were embroiled in corruption in the mid 1900s’. These countries, much less developed than Sri Lanka at the time, held Sri Lanka as an example of what their systems should aspire to become. With a population density of 325 persons per square kilometre, Sri Lanka continues to enjoy an abundance of space and natural resources which have made us the envy of Asia. Many of these other nations with much higher population densities, lacked natural resources, and struggled to cater to their expanding populations, creating breeding grounds for corruption to thrive in. “We have to keep our own house clean. No one else can do it for us” -Lee Kuan Yew, Former Prime Minister of Singapore- Lee Kuan Yew, the founder of modern Singapore, was a visionary who recognized the merits of a corruption-free society. A law graduate from Cambridge and a Barrister himself, as soon as he assumed office, executed a 5 year plan which called for urban renewal, construction of public 1World Economic Forum: We waste $2 trillion a year on corruption: Here are four better ways to spend that money available at <https://www.weforum.org/agenda/2017/01/we-waste-2-trillion-a-year-on-corruption-here-are-four- better-ways-to-spend-that-money/> housing, rights for women, educational reform and industrialization. -
Prince Philip, a Friend of Sri Lanka
SRI LANKA’S NATIONAL NEWSPAPER I SINCE 1918 MONDAY APRIL 12, 2021 I 36 PAGES I VOLUME - 103 - NO 87I RS. 30.00 I REGISTERED AS A NEWSPAPER IN SRI LANKA I LATE CITY ★ Prince Philip, a friend of Sri Lanka - President President Gotabaya Raja- late Prince Philip had often paksa in a condolence mes- recalled with warmth his sage to Queen Elizabeth II on short stay in Ceylon during the demise of her husband and the world War II. “The people Duke of Edinburgh, the Prince of Sri Lanka carry fond memo- Philip, yesterday said the late ries of his stay as well as of his Prince had a special affection subsequent visits to Sri Lanka TOURISTS ALLOWED UNDER QUARANTINE REGULATIONS TWO-WAY TRAVEL PERMITTED for Sri Lanka. accompanying Your Majesty The President said that the on two state visits” TO PAGE 02 CHAMINDA PERERA passenger flight will fly from A senior Ministry offi- given its consent for the pro- tion of special international pas- International flights between the BIA to the new interna- cial said the Indian side had posals and both parties have senger flights between the two India and Sri Lanka are sched- tional airport in Kushinagar already submitted a set of agreed to recommence the countries. uled to commence by the end in Uttar Pradesh at the end proposals to the Foreign flights end of this month,” An air bubble is a bilateral of this month under a bilateral of this month. “Both Sri Lan- Ministry and the Tourism he said. arrangement with a set of regu- “air bubble” agreement, Tour- kans and Indians are eligible Ministry for an air bubble Meanwhile, the Civil Aviation lations and restrictions in which ism Minister Prasanna Rana- to travel to and from India and for the commencement of air Ministry of India said that India the carriers of the two countries Plantation workers paid tunga confirmed yesterday. -
• the Sri Lankan Justice System Cannot Ensure Accountability for Human
ATTACKS ON JUDICIARY AND LEGAL PROFESSION UNDERMINE THE RULE OF LAW AND PREVENT ACCOUNTABILITY WITHIN SRI LANKA The Sri Lankan justice system cannot ensure accountability for human rights violations and war crimes because the judiciary has been deprived of its independence and impartiality, and lawyers suffer intimidation, hindrance, harassment and improper interference. o Since the end of the conflict in 2009, the Government has been systematically dismantling institutional limits on its power. o Judicial appointment and removal processes have become highly politicized. The unlawful impeachment of the Chief Justice in 2013 has exerted a deep and widespread ‘chilling effect’ on the judiciary. o Judges and lawyers remain vulnerable to intimidation, threats and executive interference. o These conditions exacerbate impunity and undermine the rule of law. There has been little if any progress at the national level in the proper investigation and resolution of human rights cases in a manner consistent with international law. o This is true even of the most emblematic cases, and is despite repeated calls from the international community, Sri Lankan civil society, and recommendations of domestic bodies (including the Lessons Learned Reconciliation Commission). Victims of gross human rights violations and war crimes will be denied their rights under international law to remedy and reparations, including to truth and to justice, unless the international community ensures the creation of a credible, independent and impartial accountability mechanism for Sri Lanka. I. IMPEACHMENT OF THE CHIEF JUSTICE AND JUDICIAL DISMISSALS No transparent, independent, impartial and fair procedure for the removal or discipline of judges exists today in Sri Lanka. -
The Sri Lankan Justice System Cannot Ensure Accountability for Human Rights Violations and War Crimes Because the Judiciary
ATTACKS ON JUDICIARY AND LEGAL PROFESSION UNDERMINE THE RULE OF LAW AND PREVENT ACCOUNTABILITY WITHIN SRI LANKA • The Sri Lankan justice system cannot ensure accountability for human rights violations and war crimes because the judiciary has been deprived of its independence and impartiality, and lawyers suffer intimidation, hindrance, harassment and improper interference. o Since the end of the conflict in 2009, the Government has been systematically dismantling institutional limits on its power. o Judicial appointment and removal processes have become highly politicized. The unlawful impeachment of the Chief Justice in 2013 has exerted a deep and widespread ‘chilling effect’ on the judiciary. o Judges and lawyers remain vulnerable to intimidation, threats and executive interference. o These conditions exacerbate impunity and undermine the rule of law. • There has been little if any progress at the national level in the proper investigation and resolution of human rights cases in a manner consistent with international law. o This is true even of the most emblematic cases, and is despite repeated calls from the international community, Sri Lankan civil society, and recommendations of domestic bodies (including the Lessons Learned Reconciliation Commission). • Victims of gross human rights violations and war crimes will be denied their rights under international law to remedy and reparations, including to truth and to justice, unless the international community ensures the creation of a credible, independent and impartial accountability mechanism for Sri Lanka. I. IMPEACHMENT OF THE CHIEF JUSTICE AND JUDICIAL DISMISSALS • No transparent, independent, impartial and fair procedure for the removal or discipline of judges exists today in Sri Lanka. -
The Impeachment of Chief Justice Bandaranayake and the Erosion of the Rule of Law in Sri Lanka
A Crisis of Legitimacy: The Impeachment of Chief Justice Bandaranayake and the Erosion of the Rule of Law in Sri Lanka April 2013 A report of the International Bar Association’s Human Rights Institute This report has been compiled in accordance with the Lund–London Guidelines 2009 (www.factfindingguidelines.org) Material contained in this report may be freely quoted or reprinted, provided credit is given to the International Bar Association International Bar Association 4th Floor, 10 St Bride Street London EC4A 4AD, United Kingdom Tel: +44 (0)20 7842 0090 Fax: +44 (0)20 7842 0091 Website: www.ibanet.org Contents Executive Summary 5 Chapter One: Introduction 13 1.1 The IBAHRI delegation and its mandate 13 1.2 Organisation of the mission 15 1.3 Interviews and consultations 16 Chapter Two: The Impeachment of Chief Justice Bandaranayake 17 2.1 The constitutional background 17 Material contained in this report may be freely quoted or reprinted, provided credit is given to the International Bar Association 2.2 The 17th and 18th Amendments 18 2.3 Events leading up to the impeachment 20 2.4 The impeachment hearing 22 2.5 The procedural inadequacies of the impeachment 25 2.6 The challenge before the Court of Appeal 29 2.7 The replacement of Chief Justice Bandaranayake by Mohan Peiris 30 2.8 Events subsequent to the appointment of Mohan Peiris 31 International Bar Association 4th Floor, 10 St Bride Street 2.9 Sri Lankan perspectives 33 London EC4A 4AD, United Kingdom Tel: +44 (0)20 7842 0090 2.10 International perspectives 34 Fax: +44 (0)20 7842