News/Comment

24th February 2002

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Encroachment irks residents

The encroachment of business establishments into residential areas has caused much inconvenience to residents.

Several residents have complained to the Urban Development Authority (UDA) that business ventures have encroached into their neighbourhoods causing traffic congestion and disruption to the peace and tranquility they had once enjoyed.

Residents alleged that despite complaints made to the UDA, no action has been taken as yet.

The Ministry of Urban Development in May 1999 had published a notice identifying the different zones that have been demarcated in Colombo.

The notice also said that development permits would be issued in keeping with the activities permitted in the respective zones.

The Ministry also announced that residential premises converting to non-residential activities which are not in compliance with the demarcated zones will be reverted to the original approved residential use before the 31 of December 1999.


US firm, headed by Lankan, under probe

By Thalif deen

NEW YORK— A multi-billion-dollar US computer software firm, headed by a Sri Lankan expatriate, is being investigated by federal prosecutors for alleged stock manipulation.

The New York Times said on Friday that prosecutors were conducting criminal investigations into whether Computer Associates jazzed up its financial results to inflate stock prices and enrich top executives.

The company's president and chief executive officer (CEO) is 40-year-old Sanjay Kumar, a self-made multi-millionaire who claims he arrived from Sri Lanka when he was 14 with only $80 in the family wallet.

The investigation comes at time when several giant US corporations, including Enron, are being probed for financial mismanagement and stock manipulation.

The shares of Computer Associates, which has over 17,000 employees worldwide, fell $2.01, or 9.6 percent, to $18.90 last week. According to the Times, the company's shares have lost half their value during the last 30 days.

Described as the world's fourth largest software company, Computer Associates was recently embroiled in a two-month-old battle with dissident shareholders. But ten incumbent directors, including Kumar, were voted back at a tense shareholders meeting last August.

In its financial year ending March 31 last year, the company earned about $931 million on sales amounting to over $5.6 billion compared with $787 million on sales amounting to over $5.3 billion the previous year.

But the company's accounting methods have come under close scrutiny by its major shareholders— and now by federal prosecutors.

In September 1999, Fortune magazine declared Kumar one of 40 richest Americans under the age of 40. Of the 40, only three were from South Asia, two from India and one from Sri Lanka.

Last month Kumar told the Times that he arrived in the US in November 1976, and a few weeks later, started high school in Greenville, South Carolina where his mother was a Montessori teacher.


Residents defy CEB rules

The Colombo Municipal Council electricity conservation program has run into difficulties after residents showed little or no concern in saving electricity.

The CEB had requested all local bodies to cut down on the usage of street lights, by switching on lights at 7 p.m. and switching them off at 5.30 a.m. Colombo Mayor Omar Kamil told The Sunday Times that although the CMC workers carry out the order residents have not cooperated.

" We are facing a big problem, because when our workers go to switch on lights by 7 p.m some have already been switched on, probably by residents. Similarly when the lights are switched off at 5.30 a.m, some are switched on after a few minutes," he said.


Ceasefire agreement between CBK and VP in 1995

The agreement signed between President Chandrika Kumaratunga and Velupillai Prabhakaran in 1995. The ceasefire came into effect from January 7, 1995.

Declaration of Cessation of Hostilities

The modalities for the implementation of the agreed Cessation of Hostilities by the Government and LTTE for a specified period will be as follows:

1. There will be no offensive operations by either party during this period. An offensive operation will be considered a violation of the agreement.

2. The Security Forces and the LTTE will maintain their present positions on the ground, keeping a minimum of 600 metres between each other. However, each party would reserve the right of movement within 100 metres from their own bunker lines, keeping a minimum of 400 metres in between. Any party moving in the restricted areas would be considered an offensive operation.

3. The Navy and the Air Force will continue to perform their legitimate tasks for safeguarding the sovereignty and territorial integrity of the country, from external aggression, without in anyway engaging in offensive operations against the LTTE, or causing any obstructions to legitimate and bonafide fishing activity in specified areas.

4. Acts such as sabotage, bomb explosions, abductions, assassinations, and intimidations, directed at any political group, party or any individual will amount to an offensive operation.

5.(a)It is suggested that Committees to deal with violations of this agreement be set up to inquire into any instances of violation of the above terms of agreement. These Committees could be set up in the areas of Jaffna, Mannar, Vavuniya, Mullaitivu, Trincomalee and Batticoloa - Ampara and any other areas as deemed necessary.

(b) It will be the responsibility of these Committees to take immediate action on complaints made by either party to this agreement to inquire into and resolve such disputes.

(c) These Committees could comprise representatives drawn from Canada, Netherlands, Norway, ICRC and from among retired Judges or Public Officers, Religious Heads and other leading citizens; all appointed by mutual agreement.

(d) Each Committee could consist of five members viz:

Two from the Government;

Two from the LTTE ; and

One from a foreign country who will be the chairman

(e) Freedom of movement for the Committees to perform their tasks will have to be ensured by both parties to this agreement.

(f) Facilities required for the Committees to act swiftly and impartially, will have to be provided by mutual agreement.

6. Recommend establishment of communication link between SF and LTTE military area leaders which will enable them to sort out problems expeditiously, locally.

7. Cessation of hostilities will continue till notice of termination is given by either party. Such notice should be given at least 72 hours before termination.


Athas convicts apply for leave to appeal

By Laila Nasry

Two Air Force officers convicted by the High Court for threatening and intimidating The Sunday Times Consultant Editor Iqbal Athas has filed an application for leave to appeal before the Court of Appeal.

Appellants Rukman Herath and Sujeewa Kannangara, both Squadron Leaders of the Sri Lanka Airforce aggrieved by the judgment delivered on February 7 by High Court Judge Sarath Ambepitiya pray for an order quashing the conviction and sentence imposed on them and to acquit them accordingly.

As grounds for appeal it had been urged that the indictment was defective and had not been framed according to the law. Further the order was contrary to law and against the evidence led in the case, they alleged.

They claimed the High Court Judge had failed to properly consider and evaluate the evidence led by both the prosecution and defence which were favourable to the appellants.

They said the court had failed to consider and evaluate the law relating to the offences on which the appellants were found guilty and also failed to appreciate that the prosecution had not established the case beyond reasonable doubt.

The appellants were indicted before the Colombo High Court on two counts namely for committing the offence of entering the Athas residence on February 12, 1998 and for criminal intimidation towards Mr.Athas by threatening to cause grievous hurt by using a firearm.

Convicting the appellants on both counts Judge Ambepitiya said in a democratic country like Sri Lanka a journalist had all the right to expose the corruption and malpractice of any person regardless of their status in society.

He said the action of the two convicted were not becoming of service personnel who were bound to protect the public and not to intimidate a person so as to discontinue him from indulging in a rightful profession of his choice.

The judge sentenced them to a period of seven years rigorous imprisonment and a fine of Rs. 10,000 each and a default sentence of one year imprisonment on the first count and a further sentence of two years rigorous imprisonment on the second count.

Both sentences were to run concurrently.



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