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Newspaper reports published in the 'Sunday Aruna' and 'Sunday Lankadeepa' in connection with the arrest of Riyaj Bathiudeen, brother of former minister Rishad Bathiudeen by associating him with the Easter attacks last year are completely false and malicious, Riyaj Bathiudeen's wife Fathima Israth Bathiudeen said.

Fathima Bathiudeen had made a complaint to the Human Rights Commission of Sri Lanka yesterday (19) noting that the articles are "malignant and inflammatory and were likely to have been written with ill-will which is evident from the manner in which it was published without verity or clarity as to its fact."

She further stated that there were no records of any member of the Police force or the Terrorism Investigation Division (TID) issuing any statement to the effect of validating any connection between Zahran Hashim and her husband, Riyaj Bathiudeen.

The newspapers had also quoted in their articles that Riyaj Bathiudeen was arrested by the security forces of the Northern Province in respect of the Easter Sunday attacks and was thereafter freed.

"This is a blatant lie and a distortion of facts, as my husband who is currently in remand, was never arrested nor interrogated prior to his present predicament in respect of this case," Fathima Bathiudeen said. "I am of the opinion, that such a manipulation of facts is aimed at tainting and tarnishing the image of former Minister, Rishad Bathiudeen, who happens to be the brother of my husband. This is irresponsible reporting, pushed by malice and sinister motive to mislead the readers by fanning the flames of hatred," she added.

Full text of the letter sent by Fathima Israth Bathiudeen is reproduced below.

No.111, 10th Lane,

Marikkar Street,

Puttalam

19.04.2020

Dr. Deepika Udagama Chairperson Sri Lanka Human Rights Commission No. 15, R. A. De Mel Mawatha Colombo- 04

Dear Chairperson and Commissioners,

Today, the ‘Aruna’ and ‘Lankadeepa’ newspapers had published a malicious article aiming to tarnish the good repute of my husband, Riyaj Bathiudeen, by associating him with the Easter attacks last year.

The article is malignant and inflammatory and was likely to have been written with ill-will which is evident from the manner in which it was published without verity or clarity as to its facts. In particular, I wish to highlight that the purported association between the mastermind of the Easter Attacks, Zahran Hashim and my husband are completely false, unsubstantiated and spiteful.

There is no record of any member of the Police force or TID issuing any statement to the effect of validating any connection between Zahran Hashim and my husband, Riyaj Bathiudeen. The arrest was made on the grounds of a phone conversation between him and Inshaf Ibrahim. Although Inshaf Ibrahim was identified as a suicide bomber, he was also a businessman. He was the son of a wealthy and prominent Businessman, Mohamed Ibrahim, and he was married to the daughter of another prominent businessman who was a native of my husband’s hometown, Mannar

My husband, who is now in remand, is also a businessman and a tax payer who has never defaulted in his tax payments. In Sri Lanka, any person has the right to engage in business legally and my husband has always engaged in lawful business and was unsuspicious of the activities of Inshaf. In the aftermath of the Easter attacks, the media had made it clear that even the wife and father of Inshaf Ibrahim knew nothing of his plans of engaging in terrorist activity.

The Sunday newspapers had quoted in their articles that Riyaj Bathiudeen was arrested by the security forces of the Northern Province in respect of the Easter Sunday attacks and was thereafter freed. This is a blatant lie and a distortion of facts, as my husband who is currently in remand, was never arrested nor interrogated prior to his present predicament in respect of this case. I am of the opinion, that such a manipulation of facts is aimed at tainting and tarnishing the image of former Minister, Rishad Bathiudeen, who happens to be the brother of my husband. This is irresponsible reporting, pushed by malice and sinister motive to mislead the readers by fanning the flames of hatred.

This media campaign is evidently directed at former Minister Rishad Bathiudeen with intent to frame him for the Easter Sunday attacks. Soon after the Easter attacks, it was increasingly apparent that Mr, Bathiudeen was being targeted and framed by certain political entities and media institutions. They distorted facts and purposefully enticed the general public into acting shamefully in order to achieve their political ambitions.

As a prominent businessman, it was normal for my husband to have business related conversations with individuals, and the investigating officers have every right to verify the contents of the call. There is no doubt in that. However, the media is duty bound to act with conscience and be careful not to disseminate misleading information, particularly if they are to incriminate an individual even prior to any verdict by a Court of Law. Such media dispensed verdicts are a disgrace to the judiciary. Such misrepresentations and unfounded conclusions are also contrary to media ethics and practices.

It must be noted that seven (07) persons had been arrested on the same day along with my husband in respect of the investigations, however, only the name of my husband was emphasized. The reason for this is without doubt the fact that his brother is a renowned political name and a former Minister of the Cabinet. Whilst certain segments of the media have carried out misinformation campaigns, it must be understood that it could also lead to several misinterpretations even before the investigation has concluded. Such insidious and corruptive journalists ought to be questioned and brought to book. It has caused tremendous pain of mind to my 10 year old son and myself. It is a violation of my fundamental rights and the rights of my family.

Yours Sincerely,

Mohamed Nisar Fathima Israth

The untold story behind Police spokesperson's statement - Who did Mohammed Alawdeen back in the last election?

Police spokesperson SP Jaliya Senaratne at a press conference held last Wednesday (15) said that investigations had revealed a direct connection between Riyaj Bathiudeen and a Easter Sunday bomber.

According to reports reaching theleader.lk, the accusation levelled against Riyaj Bathiudeen is with regard to a phone conversation he had with Insaf Ibrahim, the suicide bomber responsible for the Shangri-La Hotel attack. Mohammed Alawdeen, owner of Alawdeen Jewellers and the father-in-law of the Shangri-La suicide bomber Insaf Ibrahim, was a leading member of Rishad Bathiudeen's party. However, he had left Rishad's party and had openly supported the presidential campaign of Gotabaya Rajapaksa.

Alawdeen's only daughter, Fathima Ilham was married to Mohammed Ibrahim Ilham Ahmed.

However, after the Easter Sunday attacks, Wimal Weerawansa caused a huge commotion by claiming that Mohammed Alawdeen was a member of Rishad Bathiudeen's party. It was also included as one of the charges against the no confidence motion brought against then minister Rishad Bathiudeen.

(Source: theleader.lk)

Sri Lanka has been ranked in the top 20 countries faced with a high risk of the COVID-19 pandemic by Deep Knowledge Ventures, a Hong Kong-based venture capital fund that targets health care and longevity technology which has been evaluating the crisis performance of 150 countries and territories in an ongoing project.

The COVID-19 Risk Ranking Framework conducts benchmarking of countries according to 24 parameters grouped into 4 major categories:

•     Infection Spread Risk
•     Government Management
•     Healthcare Efficiency
•     Regional Specific Risks

Accordingly Sri Lanka was ranked 16 out of 150 countries as per the Risk Ranking Framework indicating a high risk.

Dmitry Kaminskiy, DKV's founder and managing partner pointed out that these countries are likely to face "quite negative dynamics" in the coming weeks, lamenting the "inefficiency of government management."

Meanwhile, The COVID-19 Safety Ranking Framework conducted benchmarking to determine levels of health and safety for each country during the pandemic.

Professor Ratnajeevan Hoole, member of Sri Lanka’s National Election Commission (NEC) has written to the commission objecting to a proposal to conduct the general election on May 28, citing health concerns.

Prof. Hoole stated that NEC Chairman Mahinda Deshapriya had suggested that they announce the date of the poll as May 28 but pointed out that Deshapriya had agreed to further postpone the election if the pandemic worsens in the country.

Full text of the letter sent by Prof. Hoole to the NEC is reproduced below.

From:    S.R.H. Hoole
Member, Election Commission
Date:      16 April, 2020

Subject: Gazetting a Date for Polls

Two days ago, the Chairman telephoned me to confirm my attendance at the Commission meeting on 20.04.2020, and proposed that we gazette polls for 28.05.2020, suggesting that if the COVID Pandemic is not over we could postpone again. I disagreed. I am writing this note to the Commission to argue that we must not set a date until we are sure that we will not be jeopardizing the population’s health by doing so.

Here are my seven reasons:

1. Credibility and Infeasibility:

Setting a new date would make us worse off than now. Once candidates commence campaigning in earnest, we would lose all credibility if we changed dates again. Close to 28.05.2020, we would have no feasible time to avert a constitutional crisis as the 02.06.2020 deadline for the new parliament to convene nears.

We must note that Dr. P.B. Jayasundara has already written in his letter to us, dated 06.04.2020, that after we announced the poll date, several independent candidates and several recognized Political Parties have accepted and acted in accordance with that announcement.

If we publish 28.05.2020 or thereabouts as the new date of election, Dr. Jayasundara will make the same argument that “several independent candidates and several recognized Political Parties have accepted and acted in accordance with” the new date. That is a strong reason why we must not get into the same predicament again. The first thing is to have a clear idea on where we stand.

Moreover, in these cash-short times, the new argument will be made that after the government spends the billions of rupees by the new date of the election, the country would not be able to afford to spend it again after postponing once again. The candidates too will make the argument that they have already spent any war-chest they had.

Once we announce a new date without being sure we can carry it through, it will be too late to go back. Dr. PB Jayasundara has argued that we must set a new date. But section 23(3) does not set a deadline nor does it disallow the required announcements in stages. It also uses the word may, giving us some flexibility. (Note: The PM has made the same argument without addressing what I wrote a week ago in Colombo Telegraph).

Senior Indian journalist P.K. Balachandran wrote on 13.04.2020 with the long headline
“President Gotabaya Rajapaksa is Reportedly Keen to Hold Parliamentary Elections on May 28; Elections Commissioner Mahinda Deshapriya Expected to Make Important Announcement on April 20: Curfews Likely to be Lifted Completely by April 30 to Enable Election Campaigning.” I learn from news media, rather than from the Commission.

2. Public Health

At this point, there are serious questions as to the public’s exposure to the virus if polls are conducted. Jaffna Teaching Hospital Director Dr. T. Sathiyamoorthy is emphatic in his public statement (16.04.2020) that in today’s situation, no one can forecast when things will improve or worsen.

Others say they were unable to get true experts into the President’s Taskforce on COVID. Many express disappointment with the politicization of the epidemic but are fearful of being quoted. It is a new phenomenon. A positive feature is the Alliance of Independent Professionals (AIP), an organization that the Chairman’s brother Sunanda Deshapriya is a leader of. It says many professionals in charge of fighting the pandemic are political stooges. I recognize many of questionable reputation on the COVID National Action Committee, including one involved in spinning fake news and others who faced criminal charges. AIP has detailed in its report of 13.04.2020 the alarming deficiencies and untruths in the government’s narrative “to obfuscate the spread of COVID-19“ (through limiting testing and rushed cremations without post-mortems) and to tarnish the reputation of Muslims.

3. Human Rights Violation:

The franchise to vote is a fundamental right. It will be violated if we hold elections when it exposes voters to life-threatening risk making many abstain. Importantly, the right to life is also a fundamental right.

The Commission forcing our poll-workers and voters to risk their lives is a violation of their right to life, voters’ right to franchise, and the dissenting EC Members’ right to conscience in forcing the public to risk health. Surely this is not something we want.

4. South Korea

When The Island (15.04.2020), “asked whether the SLPP was trying to justify parliamentary elections amidst crisis caused by the highly contagious virus, Prof. G.L. Peiris said that he merely pointed out that a nationwide poll was conducted in a country.” He, it seems obvious to many, is arguing for elections like in South Korea, despite the pandemic. Be that s it may, can we, a much poorer country, emulate South Korea in this? No!

According to Foreign Policy, over a quarter of eligible voters – 26.7 percent – used early voting there. This significantly reduced queues. But we cannot do this. The law requires postal ballot applications to be made from the seventh to fourteenth day from the proclamation of elections which was on 2.3.2020. It is too late now.

Moreover, when the Commission asked government for doctors to be given the postal ballot because hospitals had no doctors when they went to vote, we were ignored. Do we have South Koreans’ will and public mindedness to do what they did? Here is what happened there:

“In order to cast their ballots, voters had to clean their hands with sanitiser, wear face masks and plastic gloves, stand at least one metre apart, and have their temperatures taken. Those with a temperature above 37.5 oC had to cast their vote in separate booths that were then disinfected after each use. People who had tested positive for coronavirus were under strict instructions to only vote around 6 pm as polls closed and at specially designated polling stations. They were also forbidden from using public transport and were only allowed to walk or take their own car”.

Culture also is relevant in applying their methods here. In the US, Youngmi Kim of Edinburgh University says, voters will not wear masks. Will our voters, who stood crushing each other at supermarkets when they opened for the first time after curfew, maintain the 1m distancing? Will they spend on hand-sanitizers and masks? Will poll-workers come to work? Will our government spend so much? Does it even have the money?

5. Wisconsin

Prof. Peiris also quotes Wisconsin courts forcing the election on 7.4.2020 without postponement. In that instance, President Trump’s Republican Party had moved courts to prevent delaying polling to a safer date.

What Prof. Peiris failed to say is that, as reported in Time, many polling stations closed anyway after poll-workers dropped out citing health fears. Just five of 180 polling stations opened in Milwaukee – Wisconsin’s largest city.. Will our poll-workers have better attendance?

6. Respect for Commission

When the South Korean Election Commission asked the public to participate in elections during the pandemic, the public responded with an increased turn out than before. They trusted their Commission. South Korea’s NEC is constitutionally equal in status with their National Assembly, their executive branch, their Supreme Court, and their Constitutional Court.

However, will our EC command the respect for people to follow our leadership? We cannot even reject the explicitly prohibited nomination papers of an unqualified candidates like at Maharagama’s Local Government Elections and must await court action by a spirited citizen. It took two years to throw out dual citizen Geetha Kumarasinghe from parliament. We are unable to remove a mistakenly elected councillor at Wennappuwa. A local government dual citizen case to which we all know the answer is still going on as the judges ponder the obvious.

There is little respect for the Commission. Parliament has ignored many of our urgent revisions like revising the impracticable quorum for commission meetings. Many accuse us of bias with a view to our reappointment in November. A video from “President’s Counsel” Ali Sabry threatening Muslims who did not vote for his boss passed by the Commission with impunity. Our senior staff are unhappy.

Unlawful backdated political appointments are being made in this election-period but the Commission is unable to act. Today 16.4.2020 according to news reports I judge reliable, lorry-loads of goods for the needy from private donors came to the Jaffna Kachcheri and were parcelled and taken on the GA’s instructions by the Disaster Management head (going alone without Kachcheri workers) to MP Angajan Ramanathan, while Ramanthan made a speech on his Facebook listing previous government distributions as if by him. Now we know why all Northern GAs were transferred ahead of the elections.

Who will take our exhortations seriously? I fear none.

Conclusion

G.L. Peiris (The Island, 2.3.2020) has spoken of a Saboteur at the Election Commission. He expressed “serious concern over the likelihood of the electoral process being sabotaged by a member of the Election Commission (EC). […] He warned of a deliberate attempt to cripple the electoral process. […] The SLPP Chairman pointed out that in terms of the 19th Amendment to the Constitution, the EC couldn’t meet without the presence of all three members. He said that nowhere in the world were all members of a particular body required to be present for a meeting to be quorate.”

Rather strange that his own party voted for the nineteenth amendment and that I was ignored when I, for the past 4 years, have been asking for the quorum to be made 2. The Commission also formally asked for an amendment that no right-thinking parliamentarian would vote against. But our MP’s and cabinet were too lazy to bother.

It is perhaps because of this ruling party concern that towards the end of my term that I have been given a Coordinator with a car in Jaffna, – for if I do not attend the meeting on 20 May, there can be no quorum to set the election date.

Indeed, now to leave Jaffna with a curfew-pass, a doctor is required to certify that I have no symptoms of COVID-19. My position is that I will not go about my election duties without a doctor examining me and certifying that I have no COVID-19 symptoms. I am worried about going to the hospital to stand in line for a medical certificate to attend the Commission meeting. What then is the position of the wider public of voters? Surely, this needs time and a proper assessment by persons whose competence and commitment to the public cannot be questioned.

Exit Strategy

We must choose simple solutions eschewing complex ones involving public health risk. The easiest way out has two steps. First, the President cancels the Gazette of 02.03.2020 and buys time at least till 02.09.2020 with parliament there to sort out the legal problems that arise including government funding.

And second go by the advice of the College of Community Physicians issued yesterday: Exit strategy of COVID-19 epidemic in Sri Lanka.

The report needs full reading but the experts emphasize

1. Decisions on the lockdown need a multidisciplinary expert panel from across the nation without strict time-lines and through frequent revisions.

2. Decision-making must include accurate predictions of behaviours, and health system capacity for testing, treating, enforcement of restrictions, human behaviour, dynamics of economies, socio-economic consequences, etc

3. Economic resumption in Western Province (WP). No election will be possible until there is adequate return of normality in the Western Province. o election will be possible until there is adequate return of normality in the Western Province.

Taking the foregoing into account, it is important that Epidemiologists, public health experts and virologists/microbiologists and experts from other areas (economics, transport sector, finance etc.) be included in the decision making process so as to balance the need for restarting following lockdown and in order to balance the needs.

The EC cannot play at being all these experts at once.

Total confirmed COVID-19 cases in Sri Lanka now at 218 following the detection of another person who tested positive for corona virus.

According to the COVID-19 Dashboard at the Health Promotion Bureau, the total number of recoveries in Sri Lanka now stands at 56.

Seven people have died from the virus in the island.

Fifteen people tested positive for the coronavirus on Sunday, health officials said, raising the total infections in the country to 269.

These patients who were undergoing quarantine in Colombo had maintained contact with infected patients, Dr Anil Jasinghe, director-general of health services said.

Health ministry statistics show that 91 patients have recovered so far with the number of deaths standing at seven.

The Sri Lanka Muslim Civil Society (SLMCS), an organisation committed to unity as one nation, distributed 2000 gift packs to the frontline staff at the  Infectious Disease Hospital (IDH) and Mulleriyawa hospital on Friday (10). This was in recognition of their place as heroes in our nation’s fight against the Covid-19 pandemic.

The SLMCS said that their invaluable and dedicated service to the nation of Sri Lanka and her people while putting their own lives; as well as their families, at risk, should be lauded and appreciated.
 
The SLMCS came together in the aftermath of the Easter Sunday terror attacks to bring solidarity and hope in a time of darkness - to Rise, Resist and Unite.

They wished to acknowledge the valiant effort by the frontline workers in their quest to Rise, Resist and Unite in combatting Covid-19.

Cardinal Malcolm Ranjith has asked the Sri Lankan government to focus on eradicating the Covid-19 pandemic completely before holding elections. Addressing a media briefing held in Colombo yesterday (16), the head of Sri Lanka's Catholic church observed that the general election should not be the country's top priority at a time the country has not been able to control the pandemic.

“I don’t think this is an appropriate time to hold elections. As of this morning, there were 238 persons that had contracted Covid-19 and there are thousands more under quarantine in detention centres across the country. It is clear we have not been able to contain the situation,” the Cardinal said.

The Cardinal stated that general elections should only be held when the country has attained a ‘0’ point status for the COVID-19 virus reiterating that reports of new cases must cease before things could be considered as under control.

Commemoration of Easter attack victims

Cardinal Malcolm Ranjith called for Sri Lanka to observe a two-minute silence and appealed for all places of worship to ring bells to commemorate victims of last year’s Easter Sunday bombings.

The prelate called for bells to be rung at all churches and temples nationwide at 8.40am on April 21 and requested the victims be remembered.

“Keep a two-minute silence at 8.45am and light a lamp or a candle at your home at 8.47am and observe religious rites to commemorate the victims on April 21,”the Cardinal said.

Newstube.lk will reproduce Prof. Hoole's statement below.

I refer to the Daily Mirror article, of today’s date, on the date for summoning the new Parliament after elections, and The Island’s two pieces yesterday on the same topic. I am in “Lockdown” in Jaffna and write on my own as a Member of the Election Commission in response to Dr. P.B. Jayasundara’s letter.

Dr. Jayasundara wrongly starts the Daily Mirror interview: “President’s Secretary P.B.Jayasundara in a reply to the Chairman of Election Commission said that the date for fixing the poll is the responsibility of the Election Commission and therefore the question of reference to the Supreme Court in terms of Article 129 of the Constitution does not arise.” He is missing the point. Reference is urgent.

Yes, fixing the date for polls is the EC’s responsibility. But averting a constitutional crisis is the President’s more than anybody else’s, and only he can seek the constitutional advice of the Supreme Court.

We have clearly stated that we cannot fix a date to conform to the constitutional requirement of Constitution’s Article 70(5)(a) that the date of summoning the new Parliament has to be within 3 months of the date of the Gazette for the dissolution of Parliament – which was 2 March –  making June 2 the last date the new Parliament must meet.

Perhaps most importantly, as in yesterday’s Island’s headline, “Dr. P. B. Jayasundara, Secretary to the President, has written to Mahinda Deshapriya, Chairman of the Election Commission, pointing out that the latter has failed to act according to the full provisions of Section 24 of the Parliamentary Elections Act and should have published another date for the general election as per Section 24 (3) of the Act.

Dr. Jaysundara is mistaken. Section 24(3) says where due to an emergency or unforeseen circumstances the poll cannot be taken on the date already specified under Section 24(1) in any electoral district the Commission may by order published in the Gazette appoint another day for the taking of such poll, and such other day shall not be earlier than the fourteenth day after the publication of the order of the Gazette. Section 24(3) says that when the poll cannot be taken on the date already specified under Section 24(1) in any electoral district due to an emergency or unforeseen circumstances, the commission may, by order published in the Gazette, appoint another day for the taking of the poll. Further, Section 24(3) specifies that the revised date may not be earlier than the fourteenth day after the publication of the order of the Gazette.

First, Dr. Jayasundara should say should publish, not should have published. We can still publish; no time frame is prescribed. Moreover, on that, the word may gives us discretion.

Dr. Jayasundara further says “As per the advice by His Excellency, it is not possible at this point of time to state that the election cannot be held on or before 28.05.2020.” First, advice to whom? Second, former Justice Minister Dr. Wijeyadasa Rajapakse,  who is quoted thus in yesterday’s (9 April, 2020) Island:

“Asked by Shamindra Ferdinado how the President and the EC could reach consensus on a new date, in terms of the Constitution and the Parliamentary Election Act, PC Rajapakse stressed that the issue couldn’t be resolved in line with available Constitutional provisions, or the Parliamentary Election Act.”

That is, a constitutional impasse is imminent according to the President’s loyalist.

Dr. Jayasundara further states “I need hardly emphases that it is the right of the people of this country to exercise their franchise, which their sovereign right [sic.]”

Indeed, it is because of that right that the Commission stated that the elections cannot be held on time for the new Parliament to meet by 2 June, 2020. If we set that date, it would mean one of two things. One, the public in fear of CORONA-19 would not stand in lines to vote. That means they will lose their franchise, but will exercise their franchise if we do not rush into polls and watch the situation. This care for the franchise of the people therefore seems insincere and disingenuous to me, to service a narrow political agenda rather than any national cause as the time urgently calls for.

And Two, if not the scenario envisaged under One, if we guestimate when the pandemic will be over, and set a date and the pandemic is still raging, people will go to the polls, stand in crowded lines, and spread this life-threatening virus. Alternatively, we might have 225 MPs elected with a handful of votes each as happened in the 1990s when EPDP MPs got returned sometimes with under 10 votes as a result of LTTE death threats against those who go to vote.

Dr. Jaysundara again misses the point in his assertion that “the question of Reference to the Supreme Court in terms of Article 129 of the Constitution does not arise,” . Come 2 June, 2020, the Constitution and the Elections Act will be violated. We at the Commission are the experts with people who have spent their working lives on elections. They are emphatic that there is no way in which the new parliament  can meet by June 2.The obstacle is not only CoVID, but also thedemand for excessive holidays that are upcoming, and the national tendency to truancy until an auspicious day.

Already, there is customary worker absenteeism during the new year and Vesak. This, by itself, makes June 2 less probable than we might optimistically imagine. Postal ballots in high response places like Anuradhapura (with many soldiers) were a small fraction of what should have come in when the curfews started. Will the post office staff, whom we cannot control, deliver the remaining registered post without waiting for auspicious times?

I figure that even the president is experiencing that staff absenteeism. For, his hardly two-page letter of 6 April, has the errors in thought pointed out that are corrected only when the normal complement of staff is present. Moreover, it has seven errors of grammar, not counting mistakes I might have missed – meaning that even the language editors are not coming to work despite the President’s reputation for discipline. How can we in a more relaxed organization imagine an error-free election with all poll cards and legally prescribed forms done right?

We do not want to go there where laws are violated without care as seems inevitable from the refusal to consult the Supreme Court, and we find ourselves with a fixed poll date that is unlikely to work out. We need resolution. Only the Supreme Court’s direction, even if we do not agree with whatever it might say, has no appeal and will give finality to whatever we do. That right of consultative appeal is defined under Article 129(1) of the constitution:

If at any time it appears to the President of the Republic that a question of the law or fact has arisen or is likely to arise which is of such nature and of such public importance that it is expedient to obtain the opinion of the Supreme Court upon it, he may refer that question to the Court for consideration and the Court may, after such hearing as it thinks fit within the period specified in such reference  or within such time as may be extended by the President, report to the President its opinion thereon.”

Note – only the President can ask the Supreme court for advice, and even specify a date by which the answer has to be given. Whatever opinion the Supreme Court gives cannot be appealed. If the Commission on its own chooses to act unilaterally, someone will go to court and the matter will drag on beyond 2 June anyway.

It is good to recall Article 33(1)(d) of the Constitution:

  33(1) (d) It shall be the duty of the President to on the advice of the Election Commission, ensure the creation of proper conditions for the conduct of free and fair elections and referenda.

We, the Commission, invoked this provision when advising President Maithripala Sirisena not to postpone the long overdue provincial elections. Here, although I wanted this provision explicitly invoked, the Chairman did not and said that Mr. Abeyesekere also did not want to.

Although we did not invoke 33(1)(d), it is there. Whether we explicitly invoked the article or not, I believe the President is duty-bound to heed our advice as contained in our letters of 31 March and 1 April 2020. It is best for the president to revoke his Gazette of 2 March. Parliament will then run smoothly just as it did after the Supreme Court declared the 27 October 2017 dismissal of parliament by Maithripala Sirisena illegal. The Parliament elected on 17 Aug. 2015 can go on until 5 years after its first meeting on 1 Sept. 2015. That could give us a way out of this Corona crisis. It is best, however, if the Supreme Court gives this advice. Either way, it is in President Rajapaksa’s hands; not in the Election Commission’s as he makes out.

The military has been directing traffic from even before the crisis. Curfews, although good for fighting Corona, have no legal basis. So those being arrested for breaking curfew cannot be charged. The IGP has no business arresting those who criticize the government. Some say that subsections 6, 7 and 8 of Article 15 permit the derogation of some rights in an emergency in the interests of the economy, national security, public order, the protection of public health or morality, etc. But on close reading all these restrictions on our rights must be prescribed by law.  That means even the curfews must have the authority of parliament.

The curfews and restrictions are excused as being good for these difficult times – it is but a sleight of hand when the restrictions can easily get the blessings of our representatives in Parliament. Why are we denied a parliament at these critical times? Is it because our rights can be curtailed without parliamentary oversight? It seems to me that when there is a lawful way to restrict our fundamental rights, an institutional crisis is being precipitated to do away with the law in the name of doing good.

The arrest of leading Muslim Attorney-at-Law Hejaaz Hizbullah by officers of the Criminal Investigation Department (CID) on 14 April 2020 has been condemned as an illegal and arbitrary act.

His arrest with the brother of a former minister and a customs officer for the alleged involvement in the 2019 Easter Sunday bombings comes after the UN wrote a letter to President Gotabaya Rajapaksa about rising hate speech against Muslims and other ethnic or religious minorities during the Covid19 outbreak.

Police said that the arrests came after investigations were “reopened with a fresh approach”.

Investigations earlier carried out by officers led by SSP Shani Abeysekara was handed over to a new team after President Rajapaksa came to power.

“Information has come to light that the lawyer had associated himself with the bombers,” police spokesman Jaliya Senaratne told journalists in Colombo.

“In addition, it has been reported that he had been involved with the bombers as an office bearer in an organisation. Furthermore, certain affiliations with the planning of the bombing have also been identified.”

Hejaaz Hisbulla’s family has denied any involvement in the bombing that killed over 250.

“Mr. Hizbullah is of the firm view that his arrest is illegal and arbitrary and has been done for collateral purposes, with the intention of stifling dissent,” said his family members in a statement on social media.

 “To our knowledge a thorough search was done of his premises and belongings and there has been no material found to incriminate him in any manner. Mr. Hizbullah intends to fully co-operate with the investigators and believes that he will be able to clarify matters in respect of which his explanation is sought.”

Bar Association expresses concern to the IGP

The Bar Association of Sri Lanka (BASL) says that the arrest had been based on events attended by Attorney-at-Law Hisbullah in a professional capacity.

“We have been informed that the arrest is based on certain functions attended to by Mr. Hisbullah in his professional capacity as a member of the Bar,” said BASL Chair Kalinga Indatissa, PC in a letter to the police chief.

“Mr. Hizbullah has over the years undertaken professional work on behalf of a wide range of clients including the challenge to the dissolution of Parliament, the Golden Key cases as well as other cases relating to fundamental rights violations. In the course of his professional work and as a citizen he has on numerous occasions challenged and called into question decisions of people in political authority,” said Hejaaz Hisbullah’s family members.

Ex Minister Rishad Bathiudeen, whose brother Riyadh Bathiudeen was also arrested on the 14th, condemned the arrests as politically motivated.

Sri Lanka saw a gradual rise in anti-Muslim hatred during the deadly virus outbreak where government officials including the head of the National Operation Centre, Army Commander Shavendra Silva identifying victims as Muslims.

“Please provide information on the steps taken to tackle potential rise in hate speech against Muslims and other ethnic or religious minorities in Sri Lanka, including by protecting the identity of the COVID-19 patients or deceased,” said a group of UN special rapporteurs in a letter to President Gotabaya Rajapaksa a week ago.

Liquor stores and bars are closed under Sri Lanka’s curfew measures which has caused black market liquor prices to triple. Sri Lanka Police say they are trying to stop people swapping instructions for how to produce illicit liquor during a curfew imposed due to the new coronavirus.

Posts on social media like Facebook and WhatsApp have been widely shared with tips for producing moonshine using locally available items such as sugar, coconut water and yeast.

Deputy Inspector General Ajith Rohana says that people who promote consumption of liquor or methods to produce it could face a prison sentence of up to two years. He says special teams are examining posts on social media and those who publish posts on distilling spirits at home, will be prosecuted in accordance to the provisions of the National Authority on Tobacco and Alcohol Act.

Sri Lanka has recorded 197 cases of the new coronavirus and seven infected people have died. Nearly 20,000 people have been arrested for curfew violations.

Commenting on the arrest of his brother Riyaj Bathiudeen, former minister and the Leader of the All Ceylon Makkal Congress (ACMC) Rishad Bathiudeen said that it is "clearly political victimization and is an attempt to tranish my image."

Two people including the brother of the former minister were arrested in Puttalam over the terrorist attacks on April 21, police said on Tuesday. The Special Investigations Unit of the Criminal Investigation Department will conduct further investigations into the suspect, the police noted.

However, the former minister noted that none of his family members or his lawyers have been allowed to speak to him yet. He also observed that although seven people were arrested along with him, only his name and his brither's name were published in media with many false allegations.

"This arrest is clearly political victimization and the only reason for his arrest was that he is a brother of mine. During the Easter Sunday Attacks last year, many politicians, mainstream and social media started their racist campaigns against me saying that I was behind this attack. But finally it was proved and even the Acting IGP of Police informed the Parliamentary Secretary General that Rishad Bathiudeen has had no connection with this attack or any other terrorist activity following his investigations. Now the arrow has been pointed at my brother to tarnish my image," Bathiudeen said in statement today.

"Neither me nor any of my family members are involved with these terrorist attacks. I also wish to state that we were and will always be against terrorism since we also belong to a community that were forcibly evicted by the LTTE in 1990," he said.

Bathiudeen said that he and his family including his brother will provide their fullest cooperation to the investigations conducted by the Police and CID with regard to these attacks.

"I request these racist media and other extremists to stop publicizing fake news which will disrupt the investigations. Think wisely and act with humanity," the former minister said.

Former Finance Minister Mangala Samaraweera called out Prime Minister Mahinda Rajapaksa for the grossly irresponsible and misleading statement the latter had made recently.

The full text of the statement issued by Mangala Samaraweera is as follows;

"Mr. Mahinda Rajapaksa is the Prime Minister of Sri Lanka. He also holds the vital portfolio of Finance, Economic and Policy Development. He was President of Sri Lanka for two terms and held many ministries during that time. And he has been a Member of Parliament since 1970.

Therefore, he has no excuse whatsoever for the grossly irresponsible and misleading statement he made yesterday. It is a base political statement, dressed up to conceal its mendacity, using the official letterhead of the Prime Minister.

In the interests of brevity, I will not respond to the entire statement. However, the claims made in relation to Parliament’s role in our Republic and its public finance function have a direct bearing on the health crisis, economic crisis, debt-crisis and looming constitutional crisis facing our nation today.  

Canard I

“It is without getting a budget approved in Parliament that we have allocated this amount of money and given relief to the General Public.”

Any money allocated by the Government is the public’s money. It is raised by taxes and by debt – which must be paid by future taxes. It is not the largesse of any person, office or family.

The current allocation of money is determined by the Vote-on-Account passed by a Resolution of Parliament on 23 October 2019. That Resolution determines the scheme of expenditure and borrowing for the period 1 January 2020 to 30 April 2020. Therefore, any money the Government must have been approved by Parliament.

The Prime Minister’s claim that money is being spent without Parliamentary approval is a very serious violation of the Constitutional provisions on public finance. These provisions clearly state that Parliament has the power of the purse; including complete and undiluted control over government revenue, expenditure and debt.

Canard II

“The President did not have the opportunity to get the assistance of Parliament to do any of these things. Parliament did not support us when we tried to get an interim budget approved before Parliament dissolved.”

As stated above, all the expenditure currently being spent by the Government is under the Vote-on-Account passed on 23 October. Any expenditure outside that would be a violation of the constitution. Therefore, Parliament has adequately discharged its duty of providing the Executive with necessary funds for the governance of the Republic.

As further expenditure and borrowing is necessary in light of the Coronavirus, my colleagues across the political spectrum have made abundantly clear that they will support the allocation of additional funds and an increase in the debt ceiling.

As to the claim that “Parliament did not support us when we tried to get an interim budget approved before Parliament dissolved”, that is a lie. The Government moved an unprecedented resolution in Parliament. It attempted, for the first time in history, to move a motion to amend a Vote-on-Account. Despite this highly irregular procedure, political parties sitting on the Opposition benches agreed to support the Government’s social welfare schemes. We did not object to increases in expenditure on health, education and other schemes.

However, we did object to raising the debt-ceiling. As a result of the debt-fuelled growth of the 2009 to 2015 era and the utterly irresponsible tax cuts this year, Sri Lanka was in a debt-trap. If we failed to pay our debt, then we would default. This would lead us down the path of Argentina or Greece. In order to prevent this fate, we insisted on maintaining the responsible borrowing limit that had been put in place. Between 2017 and November 2020, Sri Lanka recorded its first proper primary surplus – meaning the government’s books were balanced - in 63 years. That record was repeated in 2018 and up until November 2019. This was maintained despite the Rajapaksa’s constitutional coup and the Easter Bombings.

Canard III

“The public who have the sovereignty ask us as to what use there is re-summoning Parliament in such a situation.”

Mr. Prime Minister, the public are concerned about their health. They are concerned about whether their food stocks will last. They are concerned about paying for their next basket of provisions. They are concerned about whether they will lose their jobs. They are concerned about the strength of the rupee. They are concerned about the health of the economy.

They are also concerned that the rule-of-law is maintained and proper checks-and-balances are put in place. We have seen the corruption and abuse of power that arises when there is no accountability. Parliament is one of the three key pillars that constitutes the checks-and-balances that protect our government from abuse and keep our democracy – the oldest in Asia – alive and flourishing. Sri Lanka has faced many disasters: natural, like the Tsunami, or man-made, such as terrorism and insurgencies. We have faced them all successfully because we were a democracy.

This is why the constitution clearly states that the sovereignty of the people shall be jointly exercised within a framework of fundamental rights. First by the legislature. Second by the executive. And third by the judiciary. In fact, following the passage of the 19th Amendment, the President is responsible and accountable to Parliament. Due to the dissolution of Parliament, it has been unable to provide that oversight. As the date of elections has been extended, and the country has been engulfed by multiple crises, it is the President’s duty to invoke the provisions of the Constitution relating to such a situation, including Article 70(7).

Conclusion

The government is playing fast-and-loose with the Constitution and with the rule-of-law. It is not only putting the health of our democracy in danger, its actions are severely damaging the health of our economy. The borrowing limit is about to be breached, which means the government can raise no further funds despite the desperate need for a fiscal stimulus. We are on the verge of a constitutional crisis. There is uncertainty about the authorization to raise funds following 30 April. This cavalier attitude, combined with the myopic tax-cuts earlier this year, are key reasons why the interest rate on government debt rose to over 100% last week. Investors and financial markets have lost all confidence in the government. Even before the corona outbreak, the stock market was plummeting and foreign investors sold their assets in droves. By contrast, following the Easter Bombings we were able to raise debt in June 2019 at 5.49%.

Many citizens are going to lose their jobs. Our industries are facing an unprecedented crisis. The rupee is collapsing. This is the time to get all arms of government working to prevent any further deterioration in the situation. It is not the time to start constitutional crises. It took the economy months to recover after the last one in October 2019. To do so then was criminal, to do so today would be the most callous case of placing a family’s private political interest over the interests of the entire country."