Author: TELO Admin

Lawyers in the Northern Province launched a token strike yesterday (3) demanding a thorough investigation into threats made to Mullaitivu District Court Judge T. Saravanarajah, and measures to protect the safety of judges and the independence of the judiciary.

Lawyers in the Jaffna, Kilinochchi, Mannar, Vavuniya, and Mullaitivu Districts joined hands in this regard as part of the Northern Province bars.

Sources within the Northern Province bars told The Daily Morning that due to lawyers withdrawing from court proceedings, the daily activities of courts in the Northern Province were hampered. The Mullaitivu Lawyers’ Association said that the Mullaithivu District Lawyers will conduct a formal investigation into the threats against Saravanarajah and demand that authorities enforce the law against the concerned persons. The sources also said that a decision on a continuous strike is to be made if the authorities fail to provide them with a proper solution.

When contacted by The Daily Morning yesterday (3), Bar Association of Sri Lanka (BASL) President attorney-at-law Kaushalya Nawaratna said that the BASL has not endorsed any such union action concerning the resignation of the said judge, but that regional bars have the independence to organise as such if they wish. He also said that the BASL is continuously pressurising law enforcement authorities to take necessary action, but that no decision has been taken so far by its Executive Committee regarding a protest or other similar union action.

Judge Saravanarajah, in a letter to the Judicial Service Commission, resigned from all his judicial posts recently, citing death threats and stress, and he has subsequently left the country. The threats are attributed to orders he has given in a controversial case concerning the Kurundi Temple. The Inspector General of Police and the Criminal Investigations Department have since been ordered to commence a probe into the resignation and circumstances of the same, while the BASL has met the Chief Justice for the same reason.

The Supreme Court today (02) ordered to once again issue notice on the new chairman and the members of the Election Commission to appear before the court.

This order was issued by a five-member Supreme Court bench, when the petitions seeking an order declaring that the fundamental human rights of the people have been violated by the failure to hold the 2023 LG election on March 09, 2023, as previously scheduled, and to issue an order to the election body to hold the relevant election on time, were taken up for consideration today (02).

The petitions were filed by the National People’s Power (NPP), Samagi Jana Balavegaya (SJB), the Centre for Policy Alternatives and the People’s Action for Free and Fair Elections (PAFFREL), naming the Chairman and the members of the election commission as respondents.

Chief Justice Jayantha Jayasuriya, Justices Priyantha Jayawardena, Vijith Malalgoda, Murdu Fernando and Gamini Amarasekara had comprised the five-member judge bench which issued this order.

There, President’s Counsel Nigel Hatch, who appeared on behalf of the NPP, requested the court for an early date for hearing of the petition since the fundamental human rights of the people are violated by the postponement of the election.

At the time, the Chief Justice mentioned that although the hearing of the relevant petitions was scheduled to be held today, a situation had arisen where it is not possible to carry out the hearing due to the fact that the petitioners had not properly issued notice to the respondents.

The Chief Justice further emphasized that not only the petitions related to the local government polls but also the facts related to each and every petition presented to the court will be considered in depth.

Accordingly, the judge bench ordered the petitioning party to issue notices to the new members of the Election Commission and former member of the commission P.S.M. Charles, who were added to the list of respondents of the petitions, within a period of one week.

Later, the relevant petitions were ordered to be recalled for hearing on November 21, 22, 29, 30 and December 01, 2023.

In a letter penned by Chairman of the the Human Rights Commission of Sri Lanka (HRCSL) former Supreme Court Judge Lakshman Tikiri Bandara Dehideniya, the Government has been urged to exercise caution in its approach to the proposed Online Safety Bill (OSB). The letter, addressed to Minister of Public Security Tiran Alles, emphasises the importance of safeguarding fundamental rights while addressing the challenges posed by online spaces.

The HRCSL’s recommendations touch on critical aspects of the bill, including the misapplication of existing laws, concerns over political independence, and the need for clear criteria in classifying online accounts. One of the most striking points in the letter is the acknowledgement of the significance of making online spaces safer for Sri Lankans. While the objective is laudable, the HRCSL underscores the challenges faced by law enforcement authorities in interpreting and applying current criminal laws to online activities.

The misapplication of section 3 of the International Covenant on Civil and Political Rights (ICCPR) Act, No. 56 of 2007, is cited as a prime example, raising doubts about its effectiveness in addressing online incitement to violence and the potential for stifling free speech. Despite previous notifications to authorities regarding this issue, the misapplication of the ICCPR Act continues, as evidenced by a recent High Court case. These concerns have led the HRCSL to propose a reconsideration of the timing of the OSB.

The HRCSL argues that strengthening the institutional capacity of law enforcement authorities should precede the introduction of new legislation, highlighting the risk of jeopardising freedom of speech and expression without such reforms. The HRCSL has also presented a series of general observations and recommendations aimed at ensuring that the OSB aligns with the fundamental rights chapter of the constitution. These include refraining from criminalising statements deemed merely “distressing,” ensuring the political independence of the proposed Online Safety Commission (OSC), and revising procedures to afford individuals an opportunity to be heard.

Additionally, the letter notes the need for clear criteria in classifying ‘inauthentic online accounts’ while preserving online user freedoms and cautions against vesting police powers in private actors assisting investigations. HRCSL plans to engage with relevant stakeholders to further refine its observations and recommendations on the proposed OSB. In doing so, the HRCSL aims to strike a balance between online safety and the protection of fundamental rights in Sri Lanka’s evolving digital landscape.

The International Monetary Fund’s (IMF) corruption-busting governance diagnostic report compiled by the recently concluded IMF mission has made 16 Priority Recommendations for Sri Lanka to improve the island nation’s governance system, IMF sources divulged.

Sri Lanka is the first country in Asia to undergo an IMF governance diagnostic under the global lender’s key structural reform to address corruption vulnerabilities and enhance growth.

The Sri Lanka Governance Diagnostic Assessment September 2023 by the IMF mission has revealed that social tensions remain high in the island nation due to falling real incomes.

This is despite tentative signs of macroeconomic stabilization with inflation moderating, exchange rate stabilizing, and the Central Bank of Sri Lanka (CBSL) rebuilding reserves buffers.

It adds that the government measures to address the balance of payment crisis, including tax reforms and cost-recovery pricing in the energy sector, have raised the cost of living.