Threat of fundamental cases being nullified
SUNDAY, 27 JANUARY 2013
Legal experts point out there is the likelihood of most of the human rights and fundamental cases filed against the detention of persons due to the Criminal Procedure (Special Provision) act that was passed on the 22nd being nullified.
The situation has arisen due to the act being passed as a retroactive bill. The new act has been passed so that it is effective from 31st March, 2009. As such, all fundamental cases filed against detention of 24 hours get nullified as the act has sanctions to detain those arrested for 48 hours point out legal experts.
The act states, “Where during the period commencing on May 31, 2009 and ending on the date of the coming into operation of this Act, any power, duty or function was exercised performed of discharged by or under Criminal Procedure (Special Provisions) Act, No42 of 2007, such power, duty or function which was executed, performed or discharged, as the case may be, shall, notwithstanding that the provisions of the said Criminal Procedure (Special Provisions) Act, No.42 of 2007 was not in operation during the aforementioned period, be deemed to have been validly exercised, performed or discharged, as the case may be, as if the said Act was in operation during such aforementioned period.”
As such, all fundamental rights cases filed since 31st May, 2009 could be nullified and also this would have drastic regressive effects on the country point out legal experts.
Posted: 27 January 2013 1657 hrs | |||||||
 File photo of Sri Lankan Special Task Force (STF) soldiers stand guard outside the Colombo High Court in 2011.(AFP - Ishara S.Kodikara) | |||||||
COLOMBO: Two hotel managers have been arrested in Sri Lanka for organising a "nirvana-style" dinner with "Buddha Bar" music that hurt the religious feelings of locals, police said Sunday.
The executives from a deluxe beach hotel at Beruwala, outside of the capital, were remanded in custody till Monday after allegations that their promotional material offended Buddhists, police spokesman Prisantha Jayakody said.
"The two managers were arrested on a charge of causing offence to Buddhists," Jayakody told AFP. "We took them into custody a few days ago and produced them before a magistrate after a complaint from a Buddhist monk."
The hotel management said an internal memo to staff described the dinner last week as a "nirvana-style" buffet with Buddha Bar music, but they meant no offence to any religious group.
Sri Lanka has slapped a de facto ban on albums of Buddha Bar, the trendy Paris nightspot known for its lounge music.
The majority Buddhist nation has also been sensitive to the use of Buddha images on clothing such as T-shirts and bikinis.
Sri Lanka's extreme nationalists who are mainly followers of Buddhism have stepped up a self-appointed role of religious police in recent months, causing tension among minorities on the island.
- AFP/ck
The executives from a deluxe beach hotel at Beruwala, outside of the capital, were remanded in custody till Monday after allegations that their promotional material offended Buddhists, police spokesman Prisantha Jayakody said.
"The two managers were arrested on a charge of causing offence to Buddhists," Jayakody told AFP. "We took them into custody a few days ago and produced them before a magistrate after a complaint from a Buddhist monk."
The hotel management said an internal memo to staff described the dinner last week as a "nirvana-style" buffet with Buddha Bar music, but they meant no offence to any religious group.
Sri Lanka has slapped a de facto ban on albums of Buddha Bar, the trendy Paris nightspot known for its lounge music.
The majority Buddhist nation has also been sensitive to the use of Buddha images on clothing such as T-shirts and bikinis.
Sri Lanka's extreme nationalists who are mainly followers of Buddhism have stepped up a self-appointed role of religious police in recent months, causing tension among minorities on the island.
- AFP/ck
