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provincial councils SC directs polls chief to fix dates within three months |
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Elections to five provincial councils The Supreme Court yesterday directed the Commissioner of Elections to fix a date or dates for the holding of elections for the Uva, Central, Sabaragamuwa, North Central and Western Provincial Councils within three months from yesterday in a judgement delivered in respect of a fundamental rights application challenging the postponement of the elections consequent to a regulation made by the President on August 5, last year under the Public Security Ordinance. The elections for these five Provincial Councils were to be held on August 28, 1998 but due to the presidential proclamation they had been put off indefinitely. A three member Bench comprising Chief Justice G. P. S. de Silva, Justices L. Mark Fernando and D. P. S. Gunasekara held that the Commissioner of Elections and 12 others cited as respondents had infringed the fundamental right to equality and the fundamental right to freedom of expression of the two petitioners in the case by postponing the elections of the five Provincial Councils. The court also granted the petitioners, Messrs. Varuna C. Karunatilaka and W. M. Sunanda Deshapriya of the Free Media Movement a sum of Rs. 30,000 as costs payable by the State. They had not asked for compensation. The judgement further said that, the impugned regulation is not a valid exercise of power under Section 5 of the Public Security Ordinance. It is not an Emergency Regulation. It has rather the character of an order, purporting to suspend notice lawfully issued under the Election Act. There was not in force, then or later, any legal provision which authorized the making of an order suspending such notices. But in any event, even treating the impugned regulation as if it had been an order made under a valid regulation, the suspension of the notice, issued under Section 22 could have been sustained only if it had been for one of the purposes set out in Section 5 of the Public Security Ordinance. The petitioners have established prima facie, that from June 25, last year upto the end of July 1998 there was no known threat to national security, public order, etc. which warranted the postponement of the elections. The respondents have failed to adduce any material whatever which suggests that, in August 1998, there was any such threat. Accordingly, the suspension of the notices by means of the impugned regulation was arbitrary and unreasonable. The suspension infringed the fundamental rights of the petitioners under Articles 12(1) and 14(1)(a) for the reasons already stated. The Commissioner of Elections may fearlessly insist on due compliance, with the law, in regard to all aspects of election, even, if necessary, by instituting appropriate legal proceedings in order to obtain judicial orders. But the material available to court indicated that he made no effort to ascertain the legal position. The court further observed that the Commissioner of Elections and other respondents had infringed the fundamental rights of the petitioners by the suspension of the issue of postal ballots, thereby contributing to the postponement of the poll; and that the Elections Commissioner had infringed their fundamental rights under Article 12(1) and 14(1)(a), by failing to take steps to enable the taking of the poll, for the five Provincial Council election on August 28 last year and by failing to fix a new date of poll. The court directed the Commissioner of Elections to take immediate action to fix within two weeks from January 27, this year in respect of all the five elections, (a) a new date or dates, not later than four weeks from January 27 for the issue of postal ballot papers and (b) a new date or dates of poll, not later than three months from yesterday. R. K. W. Goonesekera, with Suranjith Hewamanna, J.C. Weliamuna, and Kishali Pinto Jayewardene, instructed by Lilanthi de Silva appeared for the petitioners. K. C. Kamalasabaysan Solicitor General PC, with State Counsels, Uditha Egalahewa, Viran Corea and M. Gopallawa appeared for the respondent election officers. The judgement was by Justice Mark Fernando (with the other two judges agreeing). Explaining Article 35, conclusion, the judgement states that Article 35 only prohibits the institution or continuation of legal proceedings against the President while in office, it imposes no bar whatsoever, on proceedings (a) against him when he is no longer in office; and (b) other persons at any time. That the consequence of the very nature of immunity: Immunity is a shield for the doer not for the act. Article 35 does not transform an unlawful act into a lawful one, nor renders it one which shall not be questioned by a court. It does not exclude judicial review of the lawfulness or propriety of an impugned act or commission, if appropriates proceedings against some other person who does not enjoy immunity from suit. A respondent who relies on an act done by the President, in order to justify his own conduct, could be questioned by court. Judgement historic one – Ranil Opposition and UNP leader Ranil Wickramesinghe said in a press statement that yesterday’s Supreme Court judgement on the fundamental rights application challenging the postponement of PC elections, was a historic one. The court had treated that the freedom to vote was the same as the freedom of expression. The judgement has emphasised the importance of exercising the franchise at any election, he said. UNP, JVP to go to courts over Wayamba polls results The United National Party and the Janata Vimukthi Peramuna will challenge the results of last Monday’s North Western Provincial Council elections in courts, party sources said yesterday. The People’s Alliance was declared elected to the Council winning 30 of the 52 seats. The UNP won 19 seats and the JVP got three seats while the other four political parties and four independent groups failed to win a single seat. The declaration of the results triggered a howl of protests from Opposition political parties and independent organisations who charged the PA of rigging the elections. These groups also called on the Elections Commissioner Dayananda de Silva to declare the poll null and void and hold a fresh free and fair election. PA spokesmen denied the accusations and in turn charged the UNP of resorting to violence. The Elections Commissioner turned down the calls to cancel the election saying that there was no legal provision for him to do so. He said that those who do not agree with the declared results could go to courts. Meanwhile, the PA Chief Minister elect, S. B. Navinna said that the newly elected NWP Council headed by him would take office to serve the people of Wayamba even if the UNP and others boycotted it. Mr. Nawinna claimed that the poll was conducted in a free and fair manner and the PA’s victory was a personal victory for President Chandrika Kumaratunga. The government should forthwith declare the elections null and void and take action to hold fresh elections Gamini Jayawickrama Perera, Chief Ministerial candidate of the UNP said in a statement. He said that the darkest day in the history of Sri Lanka was January 25, 1998, the day Sri Dalada Maligawa was blasted by Tiger terrorists. But the worst was January 25, 1999 exactly one year later, when the government indulged in debasing the democratic process in the history of elections in Sri Lanka. On this particular fateful day, he said, the voters of North Western Province queued up at polling stations early in the morning to exercise their franchise but they did not have to wait long when stalwarts of the government arrived at the polling booths accompanied by armed thugs and chased away the voters under threat of death. Thereafter these stalwarts of the government filled up the ballot boxes forcibly. Though the polling stations were due to be closed at 4.00 p.m. the ballot boxes had been brought to kachcheries by 12 noon, he said. The final result was that the people of the North Western Province were debarred from exercising their franchise, he said. Mr. Perera further said that he would struggle along with the people of North Western Province at the expense of his life to safeguard the franchise of the people which had been debased by this government. The JVP called upon all progressive forces to join them in the protest and demonstration at Lipton Circus Town Hall at 4 p.m. today, demanding that the government declare the polls in Wayamba province as "null and void" said Tilwin Silva, General Secretary of the party. The JVP is to hold this demonstration jointly with the New Left Front and Muslim United Liberation Front (MULF) two of the political parties that contested the recent provincial polls and failed to win any seats. Buddhist clergy lament, Sinhala
community faces annihilation due to power crazy leaders KANDY: The importance of strong unity among the major community Sinhala was stressed at the Sathyakriyawa organised in front of the Sri Dalada Maligawa to protest against the disastrous bomb attack by the LTTE on the Maligawa on January 25 last year. The speakers at the Sathyakriyawa said that party politics was the bane of the country and added that the majority community faced the challenge of annihilation due to continued power-crazy struggle among the leaders of the majority community. The speakers were from the clergy and the laymen as well. Ven. Madihe Pagnaseeha Mahanayake Thera of the Amarapura Sangha Sabha in his Anusasanawa told the gathering that the bloody conflict between the leadership of the political parties of the majority community should end without further delay. The existing narrow political system is not at all suitable for Sri Lanka where the minority communities are all out to put forward demands and win them by force. Else the minority groups threaten the ruling party of the majority community that they would withdraw themselves from supporting the ruling group. Both major political parties led by the leaders of the majority community do have this weakness. They yield to the high-handed tactics of the minority group leadership. Former Vice Chancellor of the University of Peradeniya, Prof. C. M. Maddumabandara said that the bomb attack on the Sri Dalada Maligawa at dawn on January 25 last year would not be treated as just another attack by the LTTE in their craze for power. The attempt to cause destruction to the Sri Dalada Maligawa was more significant. Sri Dalada Maligawa is the most venerated place which housed the symbol of the Buddha whose doctrine became the base of the Sinhala culture. The destruction of the Buddhist places of worship is the destruction of the race. Hence the attempt to destroy the Sri Dalada Maligawa and any other Buddhist headquarters cannot be just ignored as unimportant. The rulers of the country since the arrival of the Sacred Tooth Relic 1628 years ago treated as their duty and responsibility to protect this sacred object, said Prof. Maddumabandara adding that only the one who could possess the Tooth Relic could become the ruler of the country. We need an administration that is capable of protecting the sacred object, he added. He said the power hungry political clash among the Sinhala leaders must come to an end. The existing narrow political system is not at all suitable for Sri Lanka where the minority communities are all out to put forward demands and win them by force. Else the minority groups threaten the ruling party of the majority community that they would withdraw from supporting the ruling group. Both major political parties led by the leaders of the majority community do have this weakness. They yield to the high-handed tactics of the minority group leadership. Ven. Maduluwawe Sobitha Thero said the LTTE’s sole aim was to wipe out the Sinhala race from the soil of the Sri Lankan island. The destruction of Buddhist places of worship and cause hindrance to Buddhists was the tactics of the LTTE to reach its ultimate aim. Ven. Sobitha said the LTTE massacred thirty-two bhikkhus at Arantalawa in cold blood. A blood bath was created at the venerated place of the "Sri Maha Bodhi" at Anuradhapura in the year 1985. The Sri Dalada Maligawa was blasted last year. These have been caused not without meaning. Minority community leadership have been planning throughout the years to parcel out parts of the island and finally to grab the entire country. In the north the LTTE leadership, in the centre the plantation Tamil leadership and in the east the Muslim leadership are waging war against the majority community and the Buddhists to strengthen their power, he added. Diyawadana Nilame Neranjan Wijeyeratne urged that the Sri Dalada Maligawa, the most venerated place of the Buddhist world be protected for the future generation. Ven. Niyangoda Vijithasiri and Palipana Sirinivasa, Secretaries of Malwatte and Asgiriya Chapters respectively, Ven. Aluthgama Dhammananda, member, Malwatte Chapter and Dr. Galketivala Ratanawanse of Rajapavanarama of Getambe and Mr. Sudath Gunasekara also addressed the gathering. A large number of bhikkhus of the three sects — Siyam, Amarapura and Ramangna, Dasasil Mathas and laymen attended the sathyakriya organised by the Federation of Buddhist Societies of Kandy. Participants walked to the venue along Dalada Veediya in a procession being watched by hundreds on either side of the street. Some PA supporters involved in violence,
admits Dharmasiri The General Secretary of the SLFP, Minister of Tourism and Aviation Dharmasiri Sena-nayake yesterday admitted that some People’s Alliance supporters were involved in the violent incidents but claimed that the victory the PA achieved in the North Western Province was legal and democratic. The minister was addressing a packed press conference at his ministry in Kollupitiya last afternoon. He was flanked by Ministers C. V. Gooneratne, Mangala Samaraweera, S. B. Dissanayake, D. M. Jayaratne, Kingsley Wickremeratne, Alavi Moulana and Deputy Ministers Pavithra Wanniarachchi and Anura Priyadharshana Yapa who played key roles in the PA campaign in the NWP. Mr. Senanayake rejected the accusation that the election was rigged but said that there may have been instances of impersonation which was not to the extent to call for a total annulment of the poll.’ This poll was not as bad as the polls conducted during the regimes of the United National Party’, he added. Minister Sena-nayake noted that there was not much of a difference in the votes cast for the UNP and the PA and added that in some electorates the UNP percentage was higher than what it was in the local government elections in 1997. The minister recalled the terror days during the UNP at times of election and stated that it was the UNP that unleashed terror from the day of nominations in the NWP with a defeatist attitude and that forced the PA to brave the weather to emerge victorious. Mr. Senanayake said that the PA would be going into complaints against its members who were alleged to have been involved in violent activities on election day and they would be dealt with later after the SLFP Central Committee meets shortly. PA General Secretary D. M. Jayaratne said the people gave a resounding victory to the government to carry on with the present policies and accused the UNP of having perpetrated violence to disrupt the elections. Minister Jayaratne maintained that the media overplayed incidents to create a picture to the public that the PA was responsible for violence and the elections were rigged. He noted that the PR system introduced by J. R. Jayewardene was the root cause for violence and it remained as a feature during every election in memory of J. R. Jayewardene. Journalist: Would you give more teeth to the Elections Commissioner to ensure free and fair elections? Minister Sena-nayake: Yes ... We hope to do so with the help of other political parties in Parliament as amendments need two third majority. Foreign Journalist: You claim that the CMEV and PAFFREL reports are biased and you dismiss them? Minister Samara-weera: Yes ... I would like to say that Godfrey Gunatilleke was not fully involved in monitoring the poll this time. Journalist: You mean to say that PA supporters were not involved in intimidating voters? Minister Samara-weera: I do not say all PA supporters were saints. There were some who were involved but the UNP cannot claim that their vote bank was reduced as the figures speak for themselves. There was provocation from both sides but the PA never institutionalised terror like the UNP. It was the UNP that institutionalised terror and the UNP leader Ranil Wickremesinghe has no right to talk about terror as law reports show how he behaved during the Mahara by-election. Answering another question Minister S. B. Dissanayake said that airport taxis were hired like the vehicles that were hired for election work by the UNP and the PA did not bring thugs in those taxis. Minister Kingsley Wickremeratne dismissed allegations that he was involved in thuggery and stated that he never believed in terror but had guts to face any situation. Minister Dharmasiri Senanayake continuing stated that PA supporters involved in violence would be dealt with and others in the party would be disciplined. He explained that complaints against PA members would be examined first and action would be taken even if ministers were amongst the guilty. Minister C. V. Gooneratne at this point recalled the terror days of the UNP at Anamaduwa and stated that he had to run nearly three miles as UNPers continued to shoot him during an election campaign there and the police were instructed at that time not to entertain complaints from the opposition. Minister Senanayake said that the North Western Provincial Council would meet and go ahead with its development work for the people of Wayamba as the PA was not concerned about the reported boycott of the UNP in the NWPC. ’We would be more happy if the UNP boycotts Parliament too because it has no role to play today’ he concluded. Annual Kelaniya Duruthu Maha Perahera begins today Kelaniya Rajamaha Viharaya, the most sacred temple in the Western Province of Sri Lanka since Lord Buddha’s sojourn here during his 3rd historic visit to Sri Lanka celebrates this event annually in the "Duruthu Poya" during January by conducting a historic, traditional and cultural pageant, the "Kelani Perahera". Whilst the Kelani Perahera commemorates the religious significance of Lord Buddha’s visit it also supports and revives Sri Lanka’s cultural traditions of drummers, dancers, singers and elephant maintenance. The Annual Kelaniya Duruthu Maha Perahera will be held on 28th, 29th and 30th January 1999. The Historic Kelaniya Duruthu Maha Perahera had its origins in the year 1927, due largely to the efforts of that great Philanthropist Don Walter Wjewardene. This pageant has evolved over the years to a permanent position as the country’s most elaborate and grandest low country pageant in its category. On a national scale, the Kelaniya Perahera is only comparable with Kandy Esela Maha Perahera. The Annual Pageant begins with the Udamaluwa Perahera today and it will conclude with the Maha Perahera on January 30th. The Perahera will commence with the handing over the relics casket to Chief Basnayake Nilame Shalitha Wijesundera by the Viharadhipathi, Ven. Dr. Kollupitiye Sangharakkhita Nayake Thero. The relic casket will be carried 3 rounds around the temple by Basnayake Nilame’s Shalitha Wijesundera and Dhammika Attygalle on first day and second day of the Perahera. The Perahera will commence daily at 9 00 pm. This year a special effort is being made to focus on Tourists eager to acquaint themselves with the majesty and splendour of Sri Lanka’s cultural facets such as this Historic Perahera. Upali Travels Ltd. will handle all arrangements to ensure proper facilities for tourists viewing the Perahera including special enclosures with maximum security and convenience. Al-Sheikh al Syed Afeef Uddin to visit Galle His Holiness Al-Sheikh Al Syed Afeef Uddin Al Syed Al Qadir Mansuruddin Al Qadri Al Gaylani Al Baghdadi, the 18th direct descendent and custodian of mausoleum of His Holiness Ghouz-Ul Azam Sulthan-Ul Auliya Abu Mohummed Mohiyaddin Abdul Qadri Al Gaylani of Baghdad, Iraq on his short visit to Sri Lanka will be in Galle Fort from January 29 to February 01. His Holiness will be residing in Fort Galle. Elaborate arrangements have been made to welcome His Holiness on the day. Programme Friday, January 29 At 4.00 p.m. — Departure from Colombo to Galle Fort and welcome arrangements. At 9.15 p.m. – Recital of His Holiness Refaithangal Raatheeb at Galle Fort adjoining Al-bahathul Ibrahimiya Arabic College. Saturday, January 30 Morning — Meeting Mureeds, Muhibbeens and well wishers. At 4.00 p.m. — His Holiness will be received by the Trustees of Kaluwella Qadiriya Jumma Mosque and will lead Asar Prayaers following by Bayan. At 6.30 p.m. — His Holiness will be welcomed by the Trustees of Galle Fort Meera Jumma Mosque and will lead Kagrib Prayers followed by Bayan. At 9.00 p.m. — After Isha prayers Bayyath Ceremony at Galle, Fort. (Special arrangements made for ladies) Sunday, January 31 Morning — Meeting Mureeds, Muhibbeens followers and well-wishers. At 4.00 p.m. — His Holiness will be received by the Trustees of Masjid Muhiyaddeen Thaikka and will lead Asar Prayers followed by Bayan. Evening — Visit to His Holiness Sheikh Mubarak Mowlana Al-Qadiri Ziyaram. The Defence Ministry clamped a curfew from 10 O’Clock last night till 4 a.m. today in the Puttalam and Kurunegala administrative districts where the North Western Provincial Council election was held on Monday. PA maintained terror regime during NW PC
elections The New Left Front (NLF) said yesterday that the PA maintained a terror regime during the entire period of the elections to the NWP Provincial Council. Dr. Vickremabahu Karunaratne, member of the Presidium of the NLF, said in a statement: "This election is most remarkable for being the only one where the ruler of the country admitted even before the count, that the election could be rigged. Her direction to the Commissioner of Elections can only be interpreted, as a concealed order to release results inspite of all adverse reports. The commissioner did just that. He has removed the worst parts of the rotten apple before presenting it to the people. However even the PA faithful find it difficult to accept this monstrosity as anything related to parliamentary democracy. PA regime maintained a many sided terror regime during the entire period of elections. It included personal attacks on leaders and activists of all oppositional parties, obstructions and open disturbances to oppositional meetings, removal of posters and banners of opposition obstructing polling agents and candidates on the polling day, intimidation of electors and stuffing of ballot boxes and destruction of ballot boxes. PA leaders claim that the UNP leaders are responsible for these election violences. But nothing could be far from the truth than this. In fact the UNP, which had their kind of terror when they were in power, behaved most timidly and cautiously. Except in a few places they did not dare to face the PA terror. UNP has proved to be a party incapable of facing the PA. The UNP has lost its traditional support among the upper classes too. Though PA had the support of the upper classes, it could not make this bogus election a convincing stage play. There was no sophistication in carrying out this fraud. It was done in the manner of a crude village highwayman. Even those mediamen sympathetic to the ministers cannot cover up this mess created by the PA thugs. Inspite of difficulties faced by us of the New Left Front, we are happy that nearly 13000 people voted for us. We were singled out by the PA for attackes, both at the leadership level and grass root level. PA did everything possible to stop our message going to their rank and file. Medie also fully ignored us, except for the incident in which Patrick Fernando our leading candidate for Kurunegala and Dr. Vickramabahu Karunarathna, member of NLF presidium, was brutally attacked by PA thugs. However JVP vote also confirms that Left voters have faced many risks to voice their opinion. We must unite with the JVP and other left parties to campaign against this fraud and to build a viable left alternative to the PA regime." Pilfering and tampering of mail will end
with postal computerisation The foreign registration branch of the Postal Department head office will be computerised shortly. ‘This will reduce the pilfering and tampering of mail as we will be able to supervise the operations more’, said an official of the Postal department. The mail is now entered manually at several stages and this consumes a lot of time and energy, he said. Once it is computerised this task will be made easier and we will be able to supervise more on sorting. There is also a project to computerise the local registration branch of the head office as well. On the subject on pilfering and loss of foreign registered mail, he said that the department officials together with customs and airline officials carried have carried out a checks on mail bags before it was opened. On one occasion we were able to trace the act of pilfering to a foreign mail exchange in a middle east country. The matter was brought to the notice of the authorities in the country. According to the officials of the Postal Department such incidents are not frequent . He said the number of complaints about loss or pilfering of mail are on the decline. He attributed it to their campaign to raise awareness of the public to refrain from sending cash and other items that can be pilfered with. The official refrained from singling out countries where mail losses or pilfering was reported frequently. If losses are reported the postal department can to trace the losses as the process of sending the registered mail was a detailed one that recorded every stage in detail. The official said that once the sender furnishes the details of the letter sent abroad they are able trace the lost letter. There were certain incidents where loss or pilfering of letters were traced to the loacal postman or a postal woker. On all these occations we have acted strongly against them he added. Inspite of this the number of complaints of loss or pilfering of mail is around 200 a month according to the Postal department. Police reward two youths for helping detect time bombs fixed to transformers IGP Lucky Kodituwakku yesterday presented cash rewards of Rupees five thousand each to two youths living at Wasala Road, Kotahena in Kotahena police division for providing information leading to the detection of a time bomb fixed to a transformer at Wasala Road last Sunday. Kotahena OIC CI Bandula Wijewardena who was responsible for the defusing of the time bomb was present with the two youths, Asanka Pieris and Chaminda Pushpakumara attached to the Civil Defence Society of Kotahena when IGP made the awards at Police headquarters last morning. Subsequent to the explosion of three power transformers at Wasala Road, Ginthupitiya and Sangamittha Mawatha in Kotahena around 4.30 a.m. last Saturday, Pettah Police were also able to defect a time bomb fixed to a power transformer at 4th Cross Street in Pettah. IGP Lucky Kodituwakku said the blast of the transformers in Colombo was the work of LTTE, police said. Police detected another time bomb yesterday inserted in a yoghurt cup and placed on an electricity transformer along Olcott Mawatha, Colombo. Last Sunday the police detected two time bombs, one at Wasala Road, weighing one kilo and the other at Pettah, in Colombo weighing 500 grammes. Police believe the LTTE is responsible for the explosions of five transformers in Colombo city and suburbs during the past week. Police and the army have launched a combined search operation in Colombo city and its suburbs to round up Tiger suspects in this connection. Already 60 suspects have been arrested and they are being held for questioning, stated police sources. (F.R.S.) |
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