Galle Face reopens

The new Green is equipped with three stages which could be hired for various functions.

Deputy Minister of Urban Development and Public Utilities Mangala Samaraweera inspects a garbage bin at the Galle Face green along with officials before it is declared open to the public. Pic by Ashoka Peiris

CJ: If we can't make sense of this, how can the people?

By Laila Nasry

"Each member of the council will have a label of sorts. By trying to make it more independent they will make it more political because the allegiance of the nominees will be to those who nominated them," he said.

The Supreme Court also looked into the possibility of referring the 17th Amendment bill to the people at a referendum. But, the Chief Justice said that "if we can't make sense I don't know how the people can make sense of it."

These and other observations were made by the CJ when he presided on a Bench also comprising Justices P. Edussuriya and Hector S. Yapa to inquire into the constitutionality of the 17th Amendment bill on Friday. The ruling of the Supreme Court will be conveyed to the Speaker by tomorrow when the bill is to be taken up in parliament for a day-night debate to a finish.

The CJ queried whether disagreement might ensue with regard to the nominations of the non-political members to the council, as it hadn't been stipulated as to whether the Prime Minister or Opposition Leader should nominate the two members representing the minority communities.

He said, "if they don't act together there won't be a constitutional council."

The CJ also raised the possibilities of delays with regard to appointments made by the Constitutional Council saying that in India there were a large number of vacancies in the Indian High Court as the process of consultation followed for such appointments was long drawn. 

The law states the President should be guided even in the appointment of judges. The CJ observed that under the amendments Judges would be responsible to ten persons instead of one. He also expressed the view that the office of Attorney General should be strengthened.

In the matter of executive powers, the CJ inquired whether there would be an erosion under the new amendments. The Attorney General said the eventual act of appointment would be vested with the President but it would be on the recommendation of the Constitutional Council. 

The 17th Amendment unanimously approved as an urgent bill by the Cabinet of Ministers was referred to the Supreme Court by the President for determination of its constitutional validity.

PSD man ordered out of Maligawa

By Shane Seneviratne

The incident occurred on Friday when Mr. Wijeratne noticed a person filming the location where the special exposition of the Sacred Tooth Relic was taking place.

During inquiries the Presidential Security Division's (PSD) Nihal Seneviratne had stepped forward and said that the person filming belonged to the PSD and the filming was being done for security reasons but the Diyawadana Nilame had directed the person to leave the place.

Meanwhile even media persons were being restricted from having free access to the location where the exposition is taking place.

Journalist who called over to cover the event were turned away on Friday despite possessing passes issued by the Police.

The police also turned away the Diyawadana Nilame's wife, Devika Wijeratne, who told The Sunday Times that she was pushed aside refusing entry.

Peace initiative to continue 

Business leader Abbas Yusufally, one of the organisers of the SriLanka First campaign described the first step as a success and said they would work out a follow up soon. 

He said one of their aims was to persuade party political leaders to put aside other differences and work together for peace. In a statement the organising committee said more than 50 companies representing key sectors of the business industry had funded the peace initiative while many more pledged their support and helped in numerous ways.

Chief organiser Jagath Fernando said the turnout was encouraging with a million people echoing their silent plea to restart the peace process.

The campaign was marred by some incidents where members of the Sihala Urumaya allegedly assaulted some of the participants. In one of the incidents a section of the Sihala Urumaya demonstrators allegedly attacked some private company employees. The situation was brought under control and the demonstrators proceeded. However another person who was in favour of the Sihala Urumaya campaign was allegedly assaulted by Sihala Urumaya protesters in what was apparently a case of misidentification. 

The victim Milinda Morahella had told The Sunday Times he had decided to come there as an individual and extend his support to the Sihala Urumaya campaign.

He said his banner written in English carried the words 'Sri Lanka Good Morning' and was written in the same style as the Sri Lanka First banner of the peace movement. 

Later the Sihala Urumaya members, including MP Champika Ranawaka apologised for the mistake.

Speaker writes to ex-Speaker

"It is entirely and solely the prerogative of the President. As you know well,this Constitution was designed in 1978 by the late President J.R.Jayewardene.I have consulted the best legal opinion in the country and I have studied both the Constitution and the Standing Orders.

"It is perfectly clear, beyond any reasonable doubt ,that the Speaker has absolutely no power to re-summon Parliament, even if all 225 members request him to do so.If I did so, it would have been totally unconstitutional and would have led to far reaching and dangerous consequences.

"I do not know the motive behind your observations, but coming from you, it was absurd and ridiculous.I would also like to inform you that when I made my order on this matter, the UNP and other opposition parties raised no objection whatsoever."

New president Editors' Guild

The Executive Committee is as follows. Sinha Ratnatunga, Manik de Silva, Ajith Samaranayake, A. Sivanesaselvam and Victor Ivan.

LTTE area leader killed

Inspector U.A.P. Fernando who led the attack sustained injuries.

Media control clauses to be dropped

The cabinet earlier this week approved the 17th amendment which deals with the appointment of a Constitutional Council and independent commissions for Elections, the Public Service, Police and the Judiciary. When the matter came up as an urgent bill before the Supreme Court on Friday, media groups raised objections to the provisions related to control over media.

The provision in contention called upon telecasting, broadcasting stations and proprietors and publishers of newspapers to disclose their political affiliations within seven days of nominations for an election or the proclamation of a referendum. It was required of them to state which candidate or political party they supported at the elections or referendum. 

Only then would such a media group be immune from "appropriate" directions that would otherwise be imposed by the Election Commission to ensure free and fair elections. 

The provisions were challenged collectively by Wijeya Newspapers Ltd, Upali Newspapers Ltd and Leader Publications, and by Ravaya Editor Victor Ivan and the Free Media Movement.

President's Counsel Ranjit Abeysuriya argued that such a provision contravened Article 10 of the constitution, which guaranteed the freedom of thought. "It is far too widely stated and offensive to the very concept of orderly society." He submitted that the offensive clauses would serve to control or muzzle the independent media during elections and any attempt to force the private media to disclose any political affiliations would be contrary to Article 10. 

He said such provisions vested arbitrary, unlimited and unconstitutional powers in the Elections Commission to issue directions and that this contravened Article 3, 10 and 12(1) of the constitution. 

Chief Justice Sarath N. Silva with Justices P. Edussuriya and H.S. Yapa recommended the deletion of sub section 6 and 7 so that the commissioner could give only guidelines and not directions. The Chief Justice said he believed there was no harm in the public being guided in their choice of candidate or political party by a media group. 

Attorney General K C. Kamalasabayson said the directions were without sanctions but agreed to the withdrawal of the clauses. He also agreed to the amendment of the clause which gave the proposed independent Election Commission the right to monitor the coverage of the media during election campaigns. Instead of directions the commission would only be empowered to give guidelines. 

However, Mr. Abeysuriya questioned the need even for guidelines. He said that if guidelines were issued they should be specific and not implicit.

The Chief Justice said if the guidelines were too pervasive, redress could be obtained by way of fundamental rights jurisdiction or writ jurisdiction. 

Attorney J. C. Weliamuna said media organisations should be free to have and follow their own guidelines as in the BBC.

Attorney Upul Jayasuriya argued that the duty imposed upon the Chairmen of SLBC and Rupavahini to follow any direction issued by the Election Commission should not be limited to the two organisations alone but should extend to all state owned media. 

Ranjit Abeysuriya PC with Suranjith Hewammane, J.C. Weliamuna and Priyadarshini Dias instructed by Lilanthi de Silva appeared for Wijeya Newspapers Ltd, Upali Newspapers Ltd and Leader Publications. 

J.C. Weliamuna appeared for Mr. Victor Ivan and Mr. Upul Jayasuriya with Ronald Perera appeared for the Free Media Movement. Attorney General K.C. Kamalasabayson PC with Additional Solicitor General Saleem Marsoof and State Counsel Niren Pulle appeared for the State. 

Who knows? Only the kitchen cabinet

By Ashoka Jayathunga

A: I am ready to make sacrifices for the country and be in unity with the party. But I have a question as do many others. Why were seniors left out to make way for those who came over from the UNP or those who have secret dealings with the UNP?

I know it was a difficult if not impossible task for the President and she had to give preference to some. But there must be a clear cut policy when selecting a cabinet. Seniority, loyalty, and efficiency need to be considered. 

Q:If efficiency is a key factor, what about the portfolio of power and energy? The country has been plunged into the worst ever blackout but the minister is re-appointed.

A:I don't want to comment. The President must answer the question. It is only the President and few advisors around her who know the reasons behind the appointments. 

Q: Why didn't you like certain others, organise some supporters to get on your wall or roof and demonstrate for your appointment to the cabinet? You could have also got some TV coverage. 

A:I am not interested in what I see as third class methods. If I wanted a ministership I have loyal supporters brave enough to climb on the roof of the President's House, not only my own home.

Q: One newspaper quoted you as saying you were virtually given a ministerial chair and then made to stand up.

A:That's what I find difficult to bear. I learnt from a 101% reliable source that they had even completed my letter of appointment as Minister of Posts and Telecommunications. But something happened after that.

Q: You have made some adverse comments as well.

A: A girl from a newspaper spoke to me. Since I knew her I spoke freely and all that had been landed in the paper. I don't deny anything of what I said. Many in the government are upset. Some ministers have been made deputies of these same ministries. It is an embarrassment .How can we go on the streets and face the people?

What I would like to tell the President is that if we're not suitable we will get out of politics. Give us a diplomatic posting. We will go. In case the President doesn't know about our abilities, I recently gave her my Bio-Data. I have been removed from the leadership of the district co-ordinating committee as well. Eventhough I complained to the President it was of little avail. 

Q: What lies ahead? How do you see it?

A:I know little or nothing about government decisions . Only the people in the kitchen or chicken cabinet know these secrets. I don't want to say what might happen if we go for a snap election. We might go through the one year probationary period if there are no crossovers by disappointed persons. What happens after that only the kitchen cabinet and God knows.

Lanka skyline also in crisis and confusion

By Tania Fernando

Last Monday there were reports of a thunderbolt from the sky with an additional 400% surcharge being imposed by insurance underwriters on flights to and from Colombo. This would have been a virtual death blow to the aviation and tourism industry. But Sri Lanka moved fast and persuaded the London underwriters to withdraw the 400% surcharge.

Emirates airlines and Gulf air which announced suspension of Colombo flights earlier this week after reports of the 400% surcharge, later said they would resume flights though the number would be curtailed. They said only the US $ 80 surcharge imposed on each passenger after the July 24 disaster would continue but there were also conflicting reports about an additional $ 40 surcharge.

An official said Emirates which earlier had 11 flights a week would operate only four a week to and from Colombo till October 27, when schedules would be reviewed.

Some airline sources said Emirates would be increasing its surcharge to 120 $ a passenger but an official of Emirates said no instructions had been received so far from its head office.

An official of Gulf Air said they would operate four Colombo flights from next week but he also could not confirm or deny reports of an additional surcharge.

Meanwhile Cathay Pacific Country Manager Kieran Bowers said they were looking at prospects of coming back to Colombo but much would depend on premia. He said that since Cathay Pacific operated a new fleet of air craft it had to pay a higher premia.

Meanwhile airline sources here said Sri Lanka was also caught up in the international crisis where tickets sales had plunged after the suicide hijackings of September 11.

Tourism and Civil Aviation secretary P. Ramanujam said the US $ 80 surcharge would continue, but as far as he knew there would be no other surcharge.

He said talks were underway to reduce or remove even the US $ 80 surcharge which was largely connected to airport security and was not linked to the international crisis.

Economic decline worms way into books

By Nilika de Silva

For instance the Colombo University's budget for such purposes has been cut from Rs. 21 million to 15 million though the intake of students had doubled, a librarian said.

The worst affected appears to be the Colombo university's Law faculty which has been advised to stop subscription to law journals and serial volumes which help students to keep abreast of latest enactments and judgments.

A lecturer warned that having only books at the Law library could curb the insight and outlook of students.

Colombo's Chief Librarian Ms. S.C. Jayasuriya said that while the allocation was reduced the price of books had skyrocketted and the problem was compounded.

The South Eastern University assistant librarian M.A.C. Salfiya said recommended reading material had been cut down by upto 50 % and this was a serious problem especially for a new university.

SSP claims promotion blocked by politics

SSP Hettiarachchi claimed that at the interview for the selection of DIGs he was questioned mainly on matters of general interest and the questions put to him were not designed to either to test his knowledge on matters relevant to police work, general intelligence, capacity assessment or any other aptitudes.

He said that in his view the appointments were not made on seniority or on any rational marking scheme. 

He alleged that the interview Board had manipulated the marking scheme on capacity assessment.

Adducing the main reason for denying his promotion to the post of DIG, he said that he was appointed Director/Personnel in 1996. This post handles all police appointments, transfers, disciplinary matters and scholarships of police personnel. 

He claimed that he performed this job without fear or favour but on representations made by several government MPs to the President, he was removed from this post.

Being fully satisfied with his performance in the 1997 election in Jaffna as Director/Elections, the IGP appointed him as Director Elections for the whole island but he was removed from this post without valid reasons at the start of the 1998 Wayamba elections, he said.

He also stated that he was informed by former IGP that he had received information from the Presidential Secretariat that his mother and brother were actively involved with the UNP at Colombo Central. He denied this.

He maintained that the entire selection process was seriously flawed and that the selection for promotion had been made not on seniority and merit but on political and other extraneous reasons.
Hearing was fixed for November 26. 

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