Another attempt by a faction of the Opposition to deprive the people’s right to exercise their franchise was defeated on June 2. A five-judge-bench of the Supreme Court unanimously decided to dismiss eight Fundamental Rights (FR) petitions filed challenging the gazette notification issued by the President on the dissolution of Parliament and the date to hold the General Election.
Legal experts said that this would be remembered in the history as a landmark decision by the Supreme Court ensuring the sovereign authority of the people. Many people in the country also expressed their joy by lighting firecrackers following the declaration of the Supreme Court decision.
Eight petitioners, including Attorney-at-Law Charitha Gunaratne, Center for Policy Alternatives, Samagi Jana Balawegaya and journalist Victor Ivan had filed FR petitions, challenging the presidential proclamation of dissolving Parliament and June 20 election date. After listening to arguments from both sides for 10 days, the Supreme Court five-judge-bench headed by Chief Justice Jayantha Jayasuriya unanimously refused to grant leave to proceed with eight FR petitions.
Soon after the Supreme Court determination, President’s Counsel Ali Sabry told the media that the Supreme Court, the apex court of Sri Lanka decided to dismiss all eight FR petitions filed calling for the postponement of the elections, reconvening the old Parliament and also challenging the manner in which the public finance had been handled.
“It is clear that the President has lawfully dissolved Parliament and the Election Commission has acted lawfully by going beyond three months which is set out in the proclamation of the President and the accounts had been lawfully handled. It is also obvious that there is no impediment for the Election Commission to proceed with the election process,” he said.
The Government lawmakers said in a democratic country, it is a fundamental prerequisite to conduct elections. Minister Prasanna Ranatunga said according the Constitution, the President, after four and a half years, dissolved Parliament to go for an election. However, the Election Commission Chairman postponed the election due to the then situation in the country.
Minister Ranatunga said since inception, those who are in the Opposition, under the pretext of Covid-19 pandemic, engaged in a deliberate attempt to postpone elections due to their division and political bankruptcy.
“They tried their best to postpone the election and this can be witnessed when looking at those who had filed FR petitions. Even some members of the Election Commission had a keen interest to postpone elections. The Supreme Court has given a ruling to conduct elections and those who made a big hue and cry to postpone elections will have to face the election,” he said.
Minister Ranatunga said, “There is a division in the UNP and both factions are accusing each other and people have categorically rejected them. The UNPers have lost their confidence on the party. They are aware that the UNP would be defeated at the General Election.”
Election Commission Chairman Mahinda Deshapriya said that swift measures will be taken to conduct the General Election. He said according to the decision of the Supreme Court, the Election Commission is expected to take swift measures to nominate a date to hold the election and proceed with other matters.
He stressed the need to seek the opinion of the Deputy and Assistant District Commissioners when deciding on a date to hold the election. Deshapriya said discussions should be held with political parties, party secretaries and other stakeholders in this regard. The gazette notification including the names and numbers of political parties and independent contestants will be issued soon.
He said the Election Commission through its lawyers had informed the Supreme Court that the election cannot be held on June 20 due to issues related to Covid-19 pandemic. The Election Commission Chairman told the media that the new date for the General Election and the date for issuing the preferential vote numbers will be announced on June 8.
The Samagi Jana Balawegaya (SJB) has rejected the decision of the UNP Working Committee to suspend its 99 members, calling the decision and the meeting illegal, and plans to move a No-Confidence Motion against UNP leader Ranil Wickremesinghe. SJB frontliner Ajith P. Perera said that the SJB will take legal action against the decision of the UNP Working Committee once the suspended members receive written notifications. He said a No-Confidence Motion against the UNP leader is being discussed within their party circle.
SJB General Secretary Ranjith Madduma Bandara said that a small group met at the UNP headquarters and convened a Working Committee meeting. “A majority of the Working Committee members are with the SJB. Of the 66 members of the UNP Working Committee, 37 are in the SJB. A small group cannot suspend our party membership; that decision is illegal, he said.
Meanwhile, SJB leader Sajith Premadasa told the media that no legal action can be taken against any member of the SJB and said that the SJB was formed with the approval of the UNP Working Committee. He said that he intends to prove that legally in the future.
Premadasa said the UNP or its leadership cannot remove the party membership of any SJB member.
Earlier, UNP General Secretary Akila Viraj Kariyawasam had sent letters to the dissenters seeking an explanation from them. Kariyawasam had said that any member who wishes to have his or her name included in the nomination list as a candidate of another political party is mandated in terms of Article 3.4 (c) of the UNP constitution to obtain prior approval of the UNP Working Committee. He said the members in question have not obtained the prior approval of the Working Committee.
Imtiaz Bakeer Markar, a National List candidate from the SJB told the media that sacking UNP members contesting under the SJB from the UNP looks like a “comedy show.”
Bakeer Markar, a former member of the UNP Working Committee and lifetime activist for the party, said that for the past 30 years, the party had lost its social democratic roots. He said under the leadership of Ranil Wickremesinghe, the UNP, which had the strongest credentials for internal democracy in a political party in Sri Lanka, had lost that essential part of the party’s character.
He said, “The UNP is not a party where the decisions are taken in a feudal mansion.” He said under Wickremesinghe’s nearly three-decade leadership, internal democracy which saw party workers getting opportunities to enter Parliament and hold high office was destroyed.
Countering the SJB argument, UNP National Organiser Navin Dissanayake told the media that the UNP Working Committee had never approved the formation of another political movement as ‘Samagi Jana Balawegaya’ under the telephone symbol.
He said a decision had been taken to form an alliance having Sajith Premadasa as its leader, or the Opposition Leader, but nowhere did it approve to contest under a separate political symbol. Dissanayake said that despite many disagreements within the UNP in the history, no one was able to destroy it.
He said not even his father, the late Gamini Dissanayake and Lalith Athulathmudali, two key figures in the party, were able to destroy the UNP upon their departure in forming a separate political movement, adding that they too had to accept the party membership in the end. Dissanayake said the signature identity of the UNP can never be pulled down regardless of departures.
President Gotabaya Rajapaksa said that criminal operations by underworld kingpins and drug mafia from prisons must be put to an end without delay.
During a discussion with prison officials at the Presidential Secretariat, the President said there is information relating to criminal activities and drug peddling operated from prisons. The President said that the people are aware of this situation. He said that the shortcomings of the Prison Department will be rectified and the system will be overhauled. A restructuring process will be implemented through a committee comprising the Defence Secretary, Army Commander and the Inspector General of Police. The President said he will take action to avoid lapses in the prison system amid many challenges.
President Rajapaksa said that the people elected him and gave a mandate to carry out such tasks and he will uphold the trust placed on him by the public. He said criminal activities, drug peddling and terrorist activities are operated from prisons.
The President said that this issue has to be rectified. He said prison officers should take action to stop the use of mobile phones in the prison premises. If prisons deteriorate, it would affect law and order in the country and eventually affect the national security, he said.
The President said that he always welcomes the right conduct on the part of officials despite their political affinities and a decision should be taken on corrupt and inefficient officers.
Prime Minister Mahinda Rajapaksa has said that the Central Bank must take the responsibility of finance bodies under its purview, urging action against fraud at financial institutions. The Premier’s remarks came in the wake of the cancellation of the licence of The Finance PLC-a leading finance company over its bankruptcy.
He said, “Justice should be served on the depositors of The Finance PLC and other finance institutions which have been affected.” Premier Rajapaksa during a meeting at his office on June 3 had said that, “The continuous breakdown of financial bodies under the Central Bank brings disrepute to the Government.” He had called for an investigation into incidents of financial fraud, adding that fraud should be prevented through laws or by any other means.
The Attorney General (AG) on June 1 directed the Colombo Crimes Division (CCD) to obtain a warrant and arrest former OIC of the Welikada Police Station ASP Sudath Asmadala for fabricating false evidence in favour of former MP Patali Champika Ranawaka in relation to an accident involving his vehicle in 2016 when he was the Minister of Megapolis and Western Development.
Ranawaka was taken into Police custody in December last year on the instructions of the AG and was remanded. He was later released on bail. Ranawaka has denied any wrongdoing and said he was framed for an accident at Rajagiriya, and claims a speeding motorcycle knocked his vehicle, causing serious injuries to a youth.
After considering the investigative reports, the Attorney General maintained that ASP Asmadala has acted in a biased manner that would bring relief to the accused at the time of the incident and that he is guilty of conspiring and fabricating false evidence in former minister Ranawaka’s accident case under Section 190, 198, 215 of the Penal Code. However, the Colombo Additional Magistrate on June 3 refused to issue a warrant for the arrest of Asmadala. When the case was taken up before the court, the suspect was released on a surety of Rs.500,000 and ordered to report to the Colombo Crimes Division on June 8 to give a statement to the CCD.
Former President Maithripala Sirisena is optimistic about winning more seats at the General Election due to the rift between the UNP and the SJB. He told the media at the SLFP headquarters on June 3 that his party would commit to secure the highest number of seats at the General Election.
Former President Sirisena said the rift between the UNP and the SJB had discouraged their supporters who would pick a new party or stay away from the polling-booth. He said there is no strong Opposition. The main opposition is split into two groups. He said, “We have a better chance of winning handsomely.” The former President said that his coalition would be able to secure the highest number of seats in Parliament.
He said the rift between him and the then UNP arose after his decision to appoint a Presidential Commission of Inquiry into the bond scam. The former President said that he had done everything to bring former Central Bank Governor Arjuna Mahendran back to Sri Lanka and even wrote to Interpol to issue red notices. “However, some members in the then Government thought my decision was based on political interest,” he said.