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published in Lake House papers CID to investigate on High Court Judges Assn. complaint |
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Reports published in Lake House papers
CID to investigate on High Court Judges Assn. complaint
by Chitra WeerarathneJustice Ameer Ismail, the President of the Court of Appeal, has requested the Attorney General, to direct the CID, to investigate, the truth or otherwise, of the contents, of certain articles published in "The Sunday Observer", "the Silumina" and "The Dinamina", in respect of the conduct of the Judges of the High Court.
The President of the Court of Appeal, Justice Ismail, has taken this move, in response, to a complaint made to the Court of Appeal by the High Court Judges Association in July this year.
The High Court Judges Association, had expressed the joint view to the Court of Appeal, that there were "no substantative grounds" for the publication of certain newspaper reports in "The Sunday Observer" of 7.6.98. "The Silumina" of 7.6.98 and "The Dinamina" of 10.6.98, relating to the conduct of the judges of the High Court.
The Association has been of the view that the said publication have, interalia, tarnished the image of the High Court Judges, and has unanimously resolved to invite the Court of Appeal to initiate action in terms of Article 105 (3) of the Constitution, to issue contempt on the editor/publisher.
The President of the Court of Appeal, Justice Ameer Ismail, in August this year, had requested the Attorney General, to cause an investigation to be made by the Criminal Investigation Department, in respect of the said publications, with the view to ascertaining the truth or otherwise of its contents.
The Attorney General in September this year has replied stating that, the IGP has been instructed to have necessary investigations conducted expeditiously.
The AG is to submit the said report to the Court of Appeal for consideration, according to Court of Appeal Registration No. 1239 of 1998.
Tough laws soon to tackle growing problem of illegal emigration
Tough legislation to tackle the growing problem of illegal emigration will be presented in Parliament shortly Fisheries and Aquatic Resources Minister Mahinda Rajapakse said.
Under the proposed laws those aiding and abetting will also be penalised, he told ‘The Island’.
Referring to last week’s abortive mission by sixty Sri Lankans to sail to Australia illegally aboard a fishing trawler, Minister Rajapakse said the owner had purchased this trawler under assistance granted by the Fisheries Ministry but had later modernised it and fitted oil and water tanks which could hold one thousand gallons. This had been done definitely not with the intention of engaging in fishing, he claimed.
The Minister said that he would instruct the bank which granted a loan to purchase this trawler to recover the outstanding amount in full.
In future assistance for purchase of fishing trawlers will be granted only after close scrutiny, the Minister explained.
He was appreciative of the way Fisheries Ministry officials acted to rescue the sixty Sri Lankans in difficulty in the sinking fishing trawler.
He said the modern equipment available in the Ministry proved useful in carrying out the rescue mission.
Terrorists take away boats and fishing gear
(From Sihara Latiff, Kattankudy Corr.)The LTTE had forcibly removed four fishing boats and nets from fishermen in the seas off Vakarai in Batticaloa on Sunday.
The fishermen were natives of Ottamavady. The LTTE had dumped the fishermen into a boat and sent them ashore. The four boats with all equipment were taken away by the Tigers, according to reports.
The value of the boats and equipment was worth over Rs. 2.5 million. OIC, Valachchenai, IP H. N. Piyasena said the boats and fishing gear had been removed as the fishermen had failed to meet an extortion demand made by the LTTE earlier.
Dy. Speaker overrules UNPer’s amendment
By Walter NanayakkaraDeputy Speaker yesterday overruled a last minute Amendment proposed by John Amaratunga MP, (Gampaha District - UNP) to the Appropriation Bill 1999, which is now going through the Committee Stage prior to third reading.
The amendment sought to freeze expenditure, under Head 290 to meet any contractual obligations arising out of what was called a supplementary guarantee given to Indosuez Bank by Government of Sri Lanka in respect of the intended purchases of six airbuses and spares for Airlanka.
The motion in full is as follows:
"Proposed amendment to the Appropriation Bill (Bill No. 275)
I hereby give notice that I shall move that the Appropriation Bill (Bill No. 275) be amended by the addition of the following clause:—
"Provided that no moneys shall be expended to meet any contractual obligations under the Supplement to Undertaking and Guarantee made by the Government of Sri Lanka to Indosuez with respect to purchases of Airbus aircraft and spares.
Immediately after head 290 in the First Schedule to the said Act.
Mr. Amaratunga’s attempts to introduce the Amendment at the tail end of yesterday’s committee stage discussions of the votes of the Ministry of Tourism and Aviation ensued lengthy arguments pro and against.
Deputy Speaker Anil Moonesinghe who was presiding told Amaratunga that he cannot allow the motion.
Mr. Amaratunga argued that he was entitled to propose the amendment. The Standing Orders did not preclude him from doing so, he added.
Deputy Speaker Anil Moonesinghe: This is the first time an amendment of this nature is being proposed. The motion contravenes practice followed over the years. There is no precedents for me to act upon.
Leader of the Opposition Ranil Wickremesinghe: This is not an amendment to amend the the amendment we have already proposed. The member is entitled to propose amendments to the Appropriation Bill while it is before a committee of the whole House.
Deputy Speaker: I cannot agree with your argument. There is no precedence to act upon. I was listening to you in deference to your position as Leader of the Opposition. Otherwise I would not have listened to you. I cannot allow the motion.
Leader of the Opposition: We are not going to put the minister into trouble. What we are trying to do is to strengthen his hand, as Minister responsible for the Aviation matters.
Dharmasiri Senanayake: You are going to help me. Very strange. Very strange. You are taking the time available to me to reply the issue raised by Speaker.
Leader of the Opposition: Are you ready to debate this issue? Not now. But on a later date. I have some forty members here at the moment. I do not want to put you into trouble. Give us at least the undertaking that you are prepared for a debate on this question.
Leader of the House Ratnasiri Wickremanayake: We will consider if you give us sufficient notice.
Leader of the Opposition: All right. We will give notice. At the same time investigate about bribery allegations againstÉÉ Senior official of the Air Lanka Management.
The motion was disallowed.
Jayasikuru troops on Monday killed at least five terrorists during a confrontation northeast of Vannivilankulam, according to a press release issued by the Operational Headquarters of the Defence Ministry. "On a subsequent search troops recovered three bodies" the release added.
Meanwhile in the Jaffna peninsula troops engaged in operations on Monday had recovered one pistol, six rounds of ammunition and a hand grenade. Troops have stepped up operations in the peninsula amidst reports that terrorists were preparing to launch attacks to mark the LTTE’s Heroes Week.
Army in need of 20,000 more troops — Maj. Gen. Kularatne
By Shakuntala PereraThe army needed approximately 20,000 troops immediately to carry out the war effort, the Executive General, Army Headquarters, Major General K. A. M. G. Kularatne, said yesterday (24).
"We need more manpower immediately," he said.
Addressing the press at the Army Headquarters in Colombo, Maj. Gen. Kularatne added that in view of this need, the army has launched several measures. The measures he added included an extensive recruitment drive and the arrest of deserters.
The army will launch the second phase of its recruitment drive on December 7, for the immediate recruitment of 5000 troops, he said.
"These reinforcements are absolutely necessary in the present context. We have already completed the first phase of the recruitment drive for this year. These troops are sary to enhance and strengthen the offensive in the North and the East," he added.
According to Maj. Gen. Kularatne approximately 4776 persons have been recruited in the first phase of the drive early this year. Approximately 5460 soldiers have also been recruited in 1997, according to him.
He further added that the army had also launched a programme to arrest 15,000 deserters. "We are hopeful of arresting all 15,000 of these troops. However if we are able to recruit 5,000 troops in the second phase and if we can even apprehend 10,000 deserters it will be sufficient. We will somehow continue and end this war. We are at a decisive stage in the war effort now, he said.
Maj. Gen. Kularatne however denied the fact that the newly recruited troops were presently being deployed to the operational areas without sufficient training.
"It is not true that were directly deploy the recruits to the offensive areas. They do receive extensive training for three months before they are sent to the front. This time is sufficient to provide a good training to the recruited troops. If the troops are in need of any further training the respective Commandants have the freedom to provide them any further training.
"Training has been reduced to a certain extent from what it was earlier, but three months of training is sufficient for us to send out a good soldier. Basic training is given to a soldier within three months and the majority of our recruits are able to go to the operational areas with this thee month training," he stressed.
Refraining to elaborate, he stated that the army has carried out an extensive survey to look into the reasons why more and more soldiers were deserting, and added that following the survey findings remedial measures are in place now.
"Desertion has been reduced by a great percentage. One reason for desertion was the lack of facilities within the army," he noted.
Speaking on the different salary scales of the soldiers he said that an unmarried private in a non-operational areas was paid Rs. 7000 while a non-married private in an operational area would be paid Rs. 11,000. A married private is paid Rs. 13,000.
"This is in addition to many other benefits inclusive of free medical facilities for the immediate family members of the private and even overseas medical facilities for the soldiers themselves," he added.
The minimum qualification of recruitment for a soldier is age between 18-22, height 5’ 2" and educational qualification upto the 8th standard. The recruits are also required to possess the government agent, school leaving and two character certificates and the birth certificates.
Lalith Athulathmudali memorial oration
Mr. Jayantha Dhanapala, Under Secretary General, Disarmament Affairs for the United Nations, will deliver the Lalith Athulathmudali Memorial Oration on Friday, November 27 at 5.30 p.m at the Galle Face Hotel.
Tremors in Kandy — geologists find no clue
By Namini WijedasaGeologists yesterday conjectured that the explosions heard in the Kandy area on Monday night were due to micro-seismic activity but said they had no way of confirming it.
The Geological Survey and Mines Bureau (GSMB) yesterday morning had asked their regional office at Pallekele in Kandy for a report on the situation. The regional officers would collect information from those who had heard or felt the tremor and the GSMB would draw conclusions from the data, said Additional Director of the GSMB, N. S. Ranasinghe. In the absence of necessary equipment, however, "it was difficult at the moment to say what caused the tremor or where it originated from", he said.
Meanwhile, the Met. Department yesterday requested the department in India for any data they may have recorded on the activity in Sri Lanka, said director Dr. A. W. Mohottala. They were awaiting reply at the time of going to press.
Residents in the Kandy area on Monday night are reported to have heard loud explosions while some felt movement of the earth. The activity is reported to have been more pronounced in Menikhinna, Teldeniya and Kundasale. It was established following inquiries by the police that the explosions were not due to bombs.
A senior lecturer at the Department of Geology, Peradeniya University, Chandra Jayasena when contacted by ‘The Island’ said he too had felt the tremor while at his residence in Aniwatte. Mr. Jayasena said that judging by the nature of the tremor it was likely to have been a manifestation of micro-seismic activity. There are no means of monitoring any seismic or micro-seismic activity in Sri Lanka as there is no equipment, he said. Mr. Jayasena pointed out that four micro-seismic activity monitoring centres (set up by Mahaweli when the reservoirs were built) are now not used due to high operational costs and lack of finance.
Mr. Jayasena agreed that conclusions about the tremor can be drawn from personal accounts. There may also be a possibility of some international centres having recorded it. When asked about the cause of the tremor, he opined that it may have been caused by a full Victoria reservoir. "The reservoirs are full at the moment and this may have created a huge pressure on a major fracture that may have been accumulating strain for some time," he explained, "The tremor may have been caused by the release of this strain due to intense pressure".
Some other geologists were reluctant to comment on the tremor due to unavailability of scientific data.
Mr. Jayasena said that it is important to monitor micro-seismic activity because it enables scientists to predict possible earthquakes to a certain extent. "There is likelihood of activity occurring beneath the ground regularly in the reservoir areas although it cannot be felt. We have been pressing for the centres to be reopened but there has been no response from policy makers".
Meanwhile, Mr. Ranasinghe said micro-seismic activities and tremors are common in areas where reservoirs have been built and usually continues till the area has consolidated. He said, however, that it is not necessary to keep the micro-seismic activity monitoring centres operational after a certain period of time because the area would naturally consolidate and settle.
Asia Siyaka special leave application re-fixed for Nov. 30
The Supreme Court yesterday re-fixed for November 30, special leave application filed by Asia Siyaka Commodities (Pvt.) Ltd., against last week’s Appeal Court order quashing their 1998 tea brokers licence.
The petitioner has also sought an interim order from the Supreme Court to stay the operation of the Appeal Court order.
The Appeal Court order quashing the licence was a sequel to an application for a writ of certiorari made by Forbes & Walker Tea Brokers (Pvt.) Ltd. on the ground that the licence issued to Asia Siyaka Commodities for the year 1998 was contrary to the regulations made under the Licensing of Produce Brokers Act.
Justice Fernando informed counsel that there was a difficulty in constituting the bench to hear the case on Tuesday and accordingly that the hearing will have to be re-fixed.
H. L. de Silva, PC, Senior Counsel for Asia Siyaka Commodities informed court that the matter was urgent since the order of the Court of Appeal precluded his client from participating in the weekly Tea auctions including the auctions fixed for November 24 and 25. Justice Fernando thereupon enquired from K. N. Choksy PC Senior Counsel for Forbes & Walker Tea Brokers, whether any adjustment was possible in respect of this weeks tea auction.
Mr. Choksy informed court that in the circumstances and without prejudice to the order of the Court of Appeal his client would consent to Asia Siyaka Commodities participating and selling teas only at this weeks tea auction.
The bench comprised Justices Mark Fernando, S. W. Wadugodapitiya and Lakshman Weerasekera.
H. L. de Silva, PC with D. S. Wijesinghe PC, Gomin Dayasiri and Kushan de Alwis instructed by M/s Paul Ratnayake Associates appeared for Asia Siyaka.
K. N. Choksy PC with Mrs. K. Wijetunge instructed by M/s DL & F de Saram appeared for Forbes & Walker Tea Brokers.
S. Masoof Deputy Solicitor General appeared for the licensing authority.
A nation must be developed both economically and spiritually — UNP Gen Secy
BATAPOLA: A country should be developed not only economically but also spiritually as well. Under future government of the UNP, we have planned out strategies for both these betterments. Today, criminal activities have skyrocketed at an alarming rate which is unprecedented. After the formation of a government of Ranil Wickremasinghe a special scheme would be effected within a course of one year to halt this advancement of criminal forces said the MP for Ratnapura district and Secretary General of the UNP, Gamini Athukorala at a meeting held at Ambalangoda UC auditorium on October 30.
The occasion was the presenting of exercise books to dhamma school students of Ambalangoda, Balapitiya, Ratgama and Baddegama electorates and issuing of certificates to youth who have undergone a driving course in heavy vehicles. The MP was the chief guest. SPC member Upali Sirisumana had allocated funds from his decentralised budget for these presentations.
The UNP Secretary also said that the SPC member, Sirisumana has done a great service for the upliftment of dhamma education in several ways. In 1996 he (MP) came to the same venue on the occasion of presenting uniforms to dhamma school teachers and robes to dhamma school bhikkus, organised by the member. The upliftment of dhamma education is a vital step towards the advancement of spiritual values which are fast deteriorating currently. Younger generation should be moulded well to become good citizens of tomorrow. Subsequent to the formation of the Jayawardene regime in 1977, responding to requests made by the relevant authorities many provisions were provided to dhamma schools and the steps taken by the SPC member in extending a helping hand for dhamma education is important and praiseworthy.
Mr. Athukorala added that although the country today is faced with a bleak future in the midst of deteriorating humane qualities, responsible persons seem to be deaf and blind over the matter and hence we are going forward with fear and doubt. He revealed that he had attended dhamma school during his younger days although he received his higher education in a Catholic school.
Leader of the Opposition in Galle MC. Hemakumara Nanayakkara said that the Sinhala and Buddhist culture were safeguarded due to the dhamma schools. But today it is disheartening to see that Sinhala Buddhists are in a plight. It is vital to help the younger generation to be good citizens, the step taken to assist them in proceeding with the dhamma education is one taken in the correct direction. Moulding the characters of the younger generation through dhamma education is more important at a time when leaders of the country refer to Buddhist monks by their names. Leaders and elders should set an example to the young by precept in order to ensure a law-abiding society.
