‘Local
Authorities Bill invalid’
The Local Authorities (Special Provisions) Bill, challenged before
the Supreme Court by an attorney at law and another was held to
be, as a whole inconsistent, with the Constitution.
The Bench comprising
Chief Justice Sarath N. Silva, and Justices Shirani Bandaranayake
and J.A.N. de Silva making a determination in terms of Article 123
of the Constitution held that the provisions of the bill are inconsistent
with Article 12(1) of the Constitution, which guarantees the right
to equality.
Court further
stated that the bill could be validly passed only by a special majority
that is a two-thirds majority of the whole number of members in
Parliament. Court was of the view that the bill, which has the effect
of interrupting and annulling an electoral process that is in motion
according to the applicable law, affects only an identified class
of persons, namely the candidates who have submitted valid nominations
and who have legitimate expectation of being elected.
On the other
hand the bill indirectly favours persons who have not submitted
nominations when the opportunity was presented to them in accordance
with the law and offers to them a fresh opportunity to enter the
contest. This favourable treatment is contrary to Article 12(1)
of the Constitution, which states all persons are equal before the
law and are entitled to equal protection of the law.
K. Thiranagama
with M.J.A. Hassan and Ms. H. Ratnayake instructed by Piyasena Dissanayake
appeared for attorney-at -law Sarath Jayasinghe. S.S. Sahabandu
with Hemantha Sittuge and Keerthi Sigera for Champani Padmasekera.
Additional Solicitor General Saleem Marsoof, PC, with Senior State
Counsel Shavindra Fernando and State Counsel N. Wigneswaran for
the Attorney General.
Mahinda
W. under fire
The Sri Lanka Administrative Service Association has called on President
Chandrika Kumaratunga to order an inquiry into an incident involving
Minister Mahinda Wijesekera and his Secretary.
The minister
is alleged to have chided the Ministry Secretary using abusive language
in the presence of several officials over a tender dispute.
SLASA President
S Ranugge told The Sunday Times the minister's alleged conduct was
a serious threat to senior officers who had been appointed by the
President. The SLASA chief also called for the early setting up
of the independent Public Service Commission under the 17th Amendment
to protect the dignity of the SLAS officers.
Meanwhile, the
Organisation of Professional Association has called on the President
and the Prime Minister to take disciplinary action against Minister
Wijesekera. The OPA said it was perturbed over the continued impertinence
of the elected representatives thwarting the discharge of duties
by public officers, including the police.
Tug-of-war
over LTTE propaganda items
By Chandani Kirinde
Indecision on whether or not to release a consignment of LTTE propaganda
material continued up to Friday after strong objections from Customs
officials to the request by both Defence Secretary Austin Fernando
and Finance Ministry Secretary Charitha Ratwatte asking the consignment
be released.
An LTTE member
who called over at the Customs ten days ago armed with a letter
from the Defence Secretary to the effect that the items imported
were not banned goods had been turned away by Customs officials.
The Customs
had objected to the release of the items on the grounds that importing
material that advocate a separation of the country is unconstitutional
and tantamount to treason.
The Customs
had then written to the Finance Ministry with a list of the items
found in the 40-foot container asking what should be done with them.
The Finance
Ministry Secretary replied saying that all items except the sticker
with the map of a part of northern and eastern Sri Lanka, which
the LTTE considers its traditional homeland be released, The Sunday
Times reliably learns.
However since
the letter was sent, Mr.Ratwatte had made a verbal request that
all items be withheld from release. Hence the tussle is set to continue
in the coming week as well.
Included in
the consignment were pro-LTTE magazines, Tiger head symbols, stickers,
photos of LTTE leader Velupillai Prabhakaran and compact discs.
Customs made
the detection after keeping the consignment under surveillance for
several weeks. The items were imported after declaring them as stationery
and were detained on the grounds that a false declaration was made.
It had been imported in the name of I. Jayanandan of Vavuniya.
Police
bust child employment racket
A foreign employment racket where children were found employment
abroad by submitting forged documents indicating that they are adults
has been busted by the Women's and Children's Police Desk, a police
source said.
A police team
from Colombo recently raided a training centre in Thihariya in the
Gampaha district on a complaint made by the mother of a 13-year-old
girl from Akkaraipattu that she had been prevented from seeing her
daughter.
"Forty
females including seven children who said they were under 18 were
found at the training centre. The matter has been referred to the
CID for further investigation," Inspector Soma Kumarasinghe,
who conducted the raid under the direction of SSP Sarath Jayasundara,
told The Sunday Times.
The Muslim
job seekers were from Trincomalee, Kinniya, Ampara, Mawanella and
Panadura. Their families had allegedly been persuaded by sub-agents
to accept the offers of foreign employment by giving the false impression
that Saudi Arabia was offering employment as housemaids to even
those under 18 years of age.
However, when
they were taken for a 12-day training programme at Thihariya, their
birth certificates and identity cards had been altered to obtain
passports indicating that they were over 18 years of age, police
said.
The operators
of the training centre were produced before a magistrate. Some were
released while the others have been detained pending completion
of investigations. |