Peace for the World

Peace for the World
First democratic leader of Justice the Godfather of the Sri Lankan Tamil Struggle: Honourable Samuel James Veluppillai Chelvanayakam

Thursday, June 20, 2013

Jehova’s Witnesses Christians “Arrested” and Threatened by Ravana Balaya Activists in Colombo Suburb


SRI LANKA BRIEFThursday, June 20, 2013

D.B.S.JeyarajA group of Christians belonging to the denomination known as Jehova’s Witnesses became the target of the ethno religious fascist organization “Ravana Balaya” (Ravana force)on Sunday June 16th 2013 at Mulleriyawa on the eastern outskirts of Colombo city.
The Ravana Balaya is an extremist organization comprising members of the Buddhist clergy and laity named after the mythological ten headed demon king of ancient Lanka,Ravana.

SRI LANKA BRIEFD.B.S.Jeyaraj-Thursday, June 20, 2013
Another incident of anti-Muslim violence has occurred in the Southern province of Sri Lanka during the course of the protest march being conducted by the Sinhala Ravaya from Kataragama/Kathirkaamam to Colombo.
Preliminary reports indicate that a Muslim photographer authorised by the Police to record the Sinhala March had been assaulted with the Police doing nothing to stop it.

Nightmare for Muslims in Bangladesh Continues

http://www.salem-news.com/graphics/snheader.jpgJun-19-2013
"I highly condemn the abuse and torture by the law enforcement agencies demand a judicial investigation of the incident" - William Nicholas Gomes, Salem-News.com Human Rights Ambassador
The dead were quickly removed by government forces and taken away in trucks, never to be seen again.
The dead were quickly removed by government forces and taken away in trucks, never to be seen again.
(SACRAMENTO, CA) - The Bangladesh government has been murdering Muslims for speaking out and assembling in public.
"So many people killed at large, the streets were flooded with blood." This was the 5thMay, as the narrator in the video below explains, just a month and a half ago.
Journalists were ordered out of the area, then the real bloodshed began, just as it did in Sri Lanka in 2009 when Buddhists set out to lay waste to Hindus in a horrific series of war crimes.
10,000 members of the state security forces were called in and they greeted the crowd with pure violence. People had no chance.
Is this really the effort of a government trying to be secular, trying to avoid Sharia law, or genocide? What Bangladesh's govt. has done is alienate and divide a largely Muslim population.
It began in Shahbag Square, where the 1971 Bangladesh revolution was staged, but there is a massive difference between that movement more than 30 years ago; a quest for political freedom, and the bloodbath Bangladeshi police and military forces unleashed on these people.
One person who has been following this developing story is our Human Rights Ambassador William Gomes in the UK, who was born and raised in Bangladesh who said:
    "I highly condemn the abuse and torture by the law enforcement agencies and he demands a judicial investigation of the incident"
The point is not to advocate for or against the Muslim faith, it is to stand with human beings who are being killed, who happen to be Muslim.
This is a documentary about Genocide In Bangladesh by a fascist government. Bangladesh Prime Minister Sheikh Hasina killed Muslim People on 5th-6th May 2013, may we never forget, Insha'Allah.



Tim King
19 June 2013

Postcard From Turkey


The New York Times 
Thomas L. Friedman 
Josh Haner/The New York Times                                       
By -June 18, 2013
The Turks took to the streets, initially, to protect one of Istanbul’s few green spaces, Gezi Park, from being bulldozed for an Erdogan project. They took to the streets because the prime minister — who has dominated Turkish politics for the last 11 years and still has strong support with the more religious half of Turkey — has stifled dissent. Erdogan has used tax laws and other means to intimidate the press and opponents into silence — CNN Turk, at first, refused to cover the protests, opting instead to air a show on penguins — and the formal parliamentary opposition is feckless. So in a move that has intriguing implications, Turkish youths used Twitter as their own news and communications network and Gezi Park and Taksim Square as their own parliament to become the real opposition.

Social media and opposition to blame for protests, says Turkish PM

The Guardian home'Social media is the worst menace to society,' says Recep Erdogan after thousands take control of Istanbul's main square- 

Why do People Lie? And Why do other People Believe them?

Jun-20-2013

The purpose of fear is to suppress awareness of the truth.
Cute baby
Must we be children to care about simply telling the truth?Courtesy: multidimensionalocean.wordpress.com

(TASMANIA, Aust.) - People always lie for the same reason: fear. But the precise fear that makes a person lie in one circumstance might be different from the fear that makes them lie in another.
When a child is young, it will naturally tell the truth. Most usually, it starts to learn to lie (consciously or unconsciously) when it discovers that it is not believed when it tells the truth or it is blamed and punished for telling the truth (particularly if the truth is unpalatable to a parent or other adult). In these circumstances, lying might occur in an attempt to be believed or in an attempt to avoid blame and punishment and the lie might take the form of the child fearfully telling the parent what the child knows the parent wants to hear. Why does this happen?
Because a child is genetically programmed to behave functionally (evolution had to get this right or individuals and species would not survive infancy), it would always tell the truth. But if it is not believed then the child must 'learn' to devise strategies, including lying, to be believed. This might start as a fearfully conscious response but it will probably become increasingly unconscious and automated as it learns what is 'expected'.
If the child is blamed and/or punished for telling an unpalatable truth then, again, it must 'learn' to devise strategies, including lying, to avoid blame and punishment. Given that many social institutions routinely require behaviours that evolution did not intend and which are not functional (for example, sitting in a school classroom all day), the child will be progressively dysfunctionalized in a variety of ways, including ones that scare it out of telling the truth about how it feels and what it needs (as it would otherwise do naturally).

By the time the typical child has reached adolescence, it will live in a world of considerable delusion about itself, other people and the world in general. In these circumstances, the emerging adult will now lie unconsciously, primarily in order to maintain its delusions about itself and the complementary delusions it has about others and the world. This is why most politicians lie. But they are not alone.
For example, a mother will want to maintain a sense of herself as 'a good mother' (however dysfunctionalized and/or violent she is) and if one or more of her children decide to challenge her dysfunctional/violent behaviours or even to discontinue their relationship with her, then, rather than acknowledge her dysfunctional/violent behaviours and accept responsibility for dealing with these (which would require her to have the courage to feel the suppressed fear, pain, anger, sadness and other feelings that drive her dysfunctionalities and violence), she is most likely to reinforce her own delusions about herself by lying about herself and her child, including about the reasons her child no longer wants to have a relationship with her.
But much of her lying will be unconscious because, to lie consciously would mean that she could acknowledge (at least to herself) her dysfunctional/violent behaviours and, perhaps, accept responsibility for dealing with these. However, of course, this almost invariably does not happen precisely because of her fear (based on her own childhood experience) of being blamed and punished for making, and acknowledging, 'mistakes'. It is far less frightening to fearfully lie (and act accordingly) than to acknowledge her delusion about herself and to accept responsibility for her dysfunctional and violent behaviours.

So why do most people believe lies?

Each child is born with a predisposition to believe the adults in its life. This is evolutionarily functional because childhood survival depends on adult care. But the child is also born with the potential to develop a 'truth register': the mental function, related to anger, that enables it to detect lies. Unfortunately, the truth register, like all potential capacities, is a subtle and easily damaged mental function and if a child is lied to chronically by a parent or other significant adult during its childhood, the truth register will either not develop or it will be weakened to such an extent that it will no longer readily detect lies.
A person who has been lied to chronically will develop a gullibility that is obvious to those with a developed truth register but even the gullibility of others will be obscure to those with an undeveloped or weakened truth register of their own.
What can we do about lying? Just four things will fix this chronic problem: always tell the truth fearlessly yourself, always believe children, always take affirmative action in response to the child's truth, and never punish anyone (including whistleblowers like Bradley Manning and Edward Snowden) for telling the truth. See 'Why Violence?'
http://tinyurl.com/whyviolence

     You can run from the truth
     You can hide from the truth
     You can deny the truth
     But you cannot destroy the truth

Robert J. Burrowes
P.O. Box 68
Daylesford
Victoria 3460
Australia
Email: flametree@riseup.net
Websites: http://thepeoplesnonviolencecharter.wordpress.com (Charter)
          http://tinyurl.com/flametree (Flame Tree Project)
          http://tinyurl.com/whyviolence ('Why Violence?')
          http://anitamckone.wordpress.com (Songs of Nonviolence)
          http://robertjburrowes.wordpress.com
Tamil activists call for calm at today's protest

20 June 2013
Tamil activists  in the UK have joined  organisers of the 'Boycott Sri Lanka Cricket' campaign in calling for calm at today's protest in Cardiff and condemning any suggestion of retaliatory violence or 'revenge'. 
In a statement released yesterday British Tamils Forum said:
"There are real concerns for the safety of Tamil campaigners at the forthcoming India-Sri Lanka match, to be held in Cardiff tomorrow, Thursday 20 June. In the face of these concerns, British Tamils Forum urges those attending the demonstration tomorrow to display the same courage, dignity and restraint shown by the Tamil campaigners who were attacked on Monday night."
"The Sri Lankan fans – through their violence, racism and triumphalism – have demonstrated precisely why the international cricket community must boycott Sri Lankan cricket: to send Sinhalese society and the Sri Lankan State a clear message that their behaviour towards Tamils, both in Sri Lanka and around the world, will no longer be tolerated by the international community."
"In contrast, the Tamil victims of the violence showed dignity and courage on Monday – standing up to these thugs without rising to their provocation."
"We hope campaigners tomorrow will mirror the courage and restraint shown by those who were attacked on Monday ."
On Wednesday speaking to Tamil Guardian, one of the campaign organisers, Thusiyan warned against revenge violence.                                     
This morning Thusiyan tweeted:
"@Thusi_Kumar: Spoke to @metpoliceuk regarding identified Sri Lankan fan who attacked #Tamils. Assured that CCTV being reviewed and action will be taken."
@Thusi_Kumar: Urge all #Tamils to stay calm. Anger understandable but violence is NOT the answer. @metpoliceuk have all the details [of Sri Lankan fans responsible for violence] so STOP sharing them.

Wednesday, June 19, 2013

Mahinda Rajapaksa’s ‘Compromises’


By Kath Noble -June 19, 2013 
Kath Noble
Colombo TelegraphProbably even Mahinda Rajapaksa is amazed at how much he can get away with. At the end of the war, he promised that he would fully implement the13th Amendment. In fact, he promised that its full implementation would be just the beginning – further steps would be taken to ensure that Sri Lanka never had to face such an ordeal again. He may even have believed it.
Vaas’ hooligan sons are finalists in ‘Rowdy star’ contest-Hasindhu brandishes mini ooshi weapon

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(Lanka-e-News-19.June.2013, 6.30PM) Despite the stark revelation and overwhelming evidence that on the day the Bambalapitiya millionaire businessman Mohomed Shyam was abducted and murdered , Vaas’ elder son Ravindhu Gunawardena had also boarded the vehicle and gone along with the murderers, Ravindhu has still not been taken into custody. 

Moreover , it had still not been investigated how Ravindhu who is jobless , aimless and not doing any business (except murder business with father ?) accumulate Rs. 50 lakhs in his local bank account ? Obviously these are part collections of the blood monies from contract murders and extortions committed by their father Vaas and sons jointly. In keeping with the lawless culture stoked by the current regime , though Vaas is in custody the other proven accomplices are still free.

The first photograph herein shows Vaas Gunawardena’s younger son Hasindhu brandishing a mini ooshi weapon. It is to be noted that these mini ooshi weapons are only given to the Special Task Force of SL. Hence ,this is clear testimony that this lethal weapon is being used as a common pavement weapon by the sons of criminal police officers for their ruthless and brutal purposes . In other words to these murder and extortion groups enjoying State patronage ,killing is just a sport and play . 

In the second photograph is Vaas’ younger son Hasindhu who owns a most super luxury vehicle in New Zealand.
It is a pertinent question : how did Vaas’ sons in New Zealand who are flaunting wealth and parading as millionaires acquire so much wealth when it is well and widely known they belong to the idling jobless youth team of ‘streets and loafers’? 

Weren’t all these monies amassed by their criminal father after contract killings , abductions and extortions?

Isn’t the defense secretary alias criminal offence secretary of SL a partner in the crimes for blatantly and brazenly giving protection to the notorious murderers , abductors and extortionists like DIG Vaas Gunawardena and his accomplices ,and obstructing investigations into them ?

The third photograph confirms from which quarter criminal Vaas Gunawardena and his family are getting support and security in their criminal rampage.

The last photograph depicts the criminal family together with MaRa who is a member of the rejoicing and reveling criminal family get together.

Meanwhile , the Gen. Secretary of the UNP had made a most intriguing and interesting statement today pertaining to the current wave of violence of the rampaging and marauding MaRas and JaRas.

Addressing a media briefing , he said, since there is no concern shown in regard to the countless crimes and their spiraling wave by those who should in Sri Lanka (SL) , there had sprung up apart from ‘star of the Forces’, contests to decide on Little star , Super star and Mega star. The next contest should be to select ‘Rowdy star’ , for now in SL there are more murder stars , abduction stars , hooligan stars and extortion stars who are best equipped and qualified to participate in that contest , Attanayake quipped.

It is therefore high time such a contest is held in SL for ‘Rowdy star’ , in which event , the sons of Vaas Gunawardena; Mervyn’s son Malaka Silva ; and MaRa’s son Rocket Rohitha who assaulted a Rugby referee will be the contestants who will certainly reach the final round.
SC refuses to hear tariff case

By Stanley Samarasinghe-Wednesday, 19 Jun 2013

The Supreme Court yesterday refused to grant leave to proceed with a Fundamental Rights (FR) application, filed by Lawyers for Human Rights and Democracy, against the recently introduced electricity tariff scheme by the Public Utilities Commission of Sri Lanka (PUCSL) and the Ceylon Electricity Board (CEB). General Manager of the CEB, Nihal Wickramasuriya, Chairman of PUCSL, Dr. Jayatissa de Costa, and the Attorney General (AG) had been cited as respondents in the FR application.


The case was taken up before a Bench comprising Chief Justice, Mohan Peiris, and Justices Priyasath Dep and Rohini Marasinghe.
Senior State Counsel, Nerin Pulle, who appeared for the Attorney General, objecting to grant leave to proceed with the petition, submitted to Court that according to the Electricity Act, it is the responsibility of the PUCSL to regularize the electricity tariff.


Directions had been given by the Supreme Court to the CEB and PUCSL in two FR cases, No. 82/08 and 113/08, to arrive at a reasonable and acceptable pricing formula for electricity consumers, the Senior State Counsel submitted.
He also said, it is mandatory for the CEB and the PUCSL to act according to the judgment given by the Supreme Court.


Under Section 14 of the Electricity Act, the CEB and PUCSL must protect the consumers and give benefit to the lowest consumers, which they have done, he added.


Counsel for the petitioner, Kalyananda Thiranagama, argued the proposed tariff increases in the domestic sector are arbitrary, unjust, unfair and discriminatory, in that it imposes an undue financial burden on a certain selected category of electricity consumers.


The PUCSL had ignored the Supreme Court's earlier judgments, and therefore Counsel Thiranagama requested the Court to grant leave to proceed, so that the Court could come to an appropriate conclusion.
The Supreme Court refused to grant leave to proceed.

Iran: An Example Too Early For Sri Lanka?


By Laksiri Fernando -June 19, 2013
Dr. Laksiri Fernando
Colombo TelegraphIf there is any example that Sri Lanka could emulate as a result of the Iranian presidential election held on 14 June, then that is to strengthen the prospects of moderate ‘cleric’ Ven. Maduluwawe Sobitha winning the next presidential election against the Sri Lankan counterpart and friend of Mahmoud Ahmadinejad, President Mahinda Rajapaksa. Only snag seems to be that the example is little too early for the Sri Lankan voters to emulate even if our presidential election is held in 2014 or otherwise, the divide between the ‘conservatives’ and the ‘moderates’ in Sri Lanka would be very much similar to Iran at present.

Why Does the Boston Lanka Ignore Kidnapping, Hijacking and Arms Supply?

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The Boston Lanka is now targeting Mrs Adele Balasingham, widow of Mr. Anton Balasingham, political advisor to the LTTE for more than two decades
Sri Lankan Maj. Gen. Shavendra Silva
Sri Lankan Maj. Gen. Shavendra Silva, a known war criminal who helped direct the Genocide of Sri Lankan Tamils, the Boston Lanka operates like a tool of Sri Lanka's govt.
(PARIS, France) - A few days ago, I saw the documentary entitled, “Story of Adele Balasingham” produced by Boston Lanka - BL. It is obvious that BL is trying to rescue Sri Lanka from well-substantiated allegations of war crimes and crimes against humanity committed during the last days of the war - May 2009.

Adele Balasingham
BL has telecast many pro-government programmes portraying Rajapaksa as the most democratic leader in the world. It is believed that in fact BL is a mouth piece of the Sri Lankan government!
Indeed, the international community supported Rajapaksa’s government in bringing the war against the Liberation Tigers of Tamil Eelam - LTTE to an end. This was because the international community believed Sri Lanka’s professionally fabricated misinformation, circulated widely by their embassies and paid agents.
Better late than never. Now the international community has realised its mistake and is trying to rectify it. The outcome of two consecutive resolutions on Sri Lanka, in the UN Human Rights Council - 19th session in March 2012 and 22nd session in March 2013, is evidence of this. Let us wait and see what will happen in the near future.
Also we have seen two hammering reports of the UN Secretary General – Panel of Experts’ report and the Internal Review Panel report. Both criticise the government and the security forces. Rajapaksa’s government cannot escape from this checkmate.
As a result, the Sri Lankan government and the BL have now begun to target Mrs Adele Balasingham, widow of Mr. Anton Balasingham, political advisor to the LTTE for more than two decades, until his death in December 2006.

Humanitarian & Political

Pro-Eelam workers arrested in Ooty

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June 18, 2013
Some 600 activists belonging to pro-Tamil Eelam outfits were on Tuesday arrested for allegedly attempting to march to the Defence Services Staff College at Wellington, 15 km from here, where two Sri Lankan defence personnel are undergoing training.
Protesting against the training, the activists demanded resignation of Defence Minister A.K. Antony for giving “false” assurance that no Sri Lankan military personnel would be given training on Tamil Nadu soil.
The activists shouted slogans against the central government, which, they alleged, was taking an anti-Tamil stand.
They also burnt the effigies of Congress president Sonia Gandhi and Sri Lankan President Mahinda Rajapaksa besides the Sri Lankan national flag.
Police said the activists were stopped some three km from the college and arrested.
Talking to reporters, K. Ramakrishnan, General Secretary, Thanthai Periyar Dravida Kazhakam (TPDK), said like-minded parties and organisations have decided to stage demonstrations in front of Congress Offices in Tamil Nadu and also against Central Ministers from the state, dates for which would be announced later.
Besides TPDK, workers from Viduthalai Chiruthaigal Katchi, MDMK, Vanigar Sangam and Federation of Tamil National Students, participated in the demonstration, police said.

Sri Lanka’s extremists: Barriers On Teamwork For Maintaining Communal Harmony


By Ayathuray Rajasingam -June 19, 2013
Ayathuray Rajasingam
Colombo TelegraphIn any civilized country, after an armed conflict with the insurgents alleged to represent the oppressed community, the re-establishment of friendly relations with the oppressed community is promoted and encouraged by all means. A group representing all communities is formed to find out the truth and ensure justice. Such reconciliation measures include forgiveness and accommodation between conflicting communities.

Sri Lankan media laps up visit of BJP-led team

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MEERA SRINIVASAN-June 19, 2013
A section of the media in Sri Lanka, particularly the English press, has lapped up the recent visit of the Indian delegation led by Bharatiya Janata Party leader and Deputy Leader of the Opposition in the Rajya Sabha Ravi Shankar Prasad.
On Saturday, Daily News reported Mr. Prasad as having told Sri Lanka’s Economic Development Minister Basil Rajapaksa that he witnessed the “mega development that is taking place in the Northern Province of Sri Lanka” and that the [Indian] government and the people of India were aware of the “the high level of development being carried out without racial prejudice.”
Though the delegation did not meet the local press in Colombo, there have been some reports of the visit, and of the observations made by the delegates at different forums, largely those in praise of the reconciliation process in Sri Lanka.
According to the report in Daily News, published by the government-owned corporation Associated Newspapers of Ceylon Limited, Mr. Prasad said the visiting team would “make the maximum effort to erase the misconception created among certain sections of Indians as a result of certain misrepresentations made on Sri Lanka.”
One June 10, the newspaper ran a column by Swapan Dasgupta (who was also on the delegation) that originally appeared in The Pioneer in India, titled ‘Sri Lankan Diaspora powers Tamil politics.’ The same day, the newspaper published an editorial that pointed to Mr. Dasgupta’s “accurate observations” in his piece, which talked about Jaffna having become “a mid-sized town with good roads and lots of new buildings, bustling with activity.” In his column, Mr. Dasgupta drew attention to his Twitter post on June 5, “There are more sandbags and police pickets in south Delhi than there are in Jaffna town! What militarisation?” that, he said, provoked “howls of protest.” The observations were made after a day’s visit to the town.
The delegation, which included Suresh Prabhu (Shiv Sena), Ram Madhav (RSS), former IFS officer Vivek Katju and advocate and human rights activist Monika Arora, was here on a five-day visit, organised by the New Delhi-based India Foundation and Bandaranaike Centre for International Studies in Colombo.
The members met senior leaders of Sri Lanka, including President Mahinda Rajapaksa, Defence Secretary Gotabaya Rajapaksa and External Affairs Minister G.L. Peris, and with civil society representatives.
Only supportive role
Earlier, Ceylon Today reported that Mr. Prasad told civil society representatives in Jaffna that India could play only a supportive role in solving the Sri Lankan crisis and they cannot influence the Lankan leadership.
Ekneligoda abducted by an 'organized group'
Wednesday, 19 Jun 2013
UNP Kalutara District MP, Ajith P. Perera, yesterday told Parliament he was informed by the Ministry of Defence there was evidence to prove Prageeth Ekneligoda had been abducted by an organized group. MP Perera, participating in the debate on Parliamentary Scholarship Board (Repeal) Bill, said he was also informed by the ministry that the abductors of Ekneligoda have not been identified yet.
2113Prageeth_Family_J 

8411159846_869ebb26a6_hThe MP tabled a letter he had received from the Ministry of Defence and Urban Development. The letter dated 12 June 2013 was signed by K.A. Ranjith, Additional Secretary (Parliament and Civil Affairs), on
behalf of the Secretary to the Ministry of Defence and Urban Development.

The letter said: "Sandhya Ekneligoda had made a complaint on 25 January 2010 to the Homagama Police that her husband Prageeth Ekneligoda of the address No 136/2, Suhada Mawatha, Hiripitiya, Pannipitiya had gone missing since 24 January 2010. Officers attached to the Mirihana Special Crime Investigation Unit investigated the complaint and reported their findings to the Homagama Magistrate's Court under the case No M/C 7414/2010.
"Later, the investigations were handed over to the Colombo Crimes Division on 26 February 2010.
"According to the findings, the person abducted had been working as a freelance journalist and had contributed mostly to the Lankanewsweb online news site.

"The police have investigated the details in the SIM cards of the mobile phone numbers used by the abducted person. The information extracted not yet yielded exact details of the last person, Ekneligoda had met with. Accordingly, the information reported so far have not been able to provide a base to ascertain who had abducted him.

"Police investigated a person, who is said to have come from Dambulla to meet Ekneligoda, and the details of their telephone conversations. It has been found the telephones that were used to maintain contacts with the person said to have come from Dambulla, had been disconnected following the
abduction of Ekneligoda. Among those contacts a number of contacts were from European countries.

"It has been ascertained that up to now, some other numbers that were used to maintain contacts with the two telephones used by Prageeth Ekneligoda have not changed their SIM cards. Investigations are being conducted in this regard.


"The Senior DIG Western Province reported that according to the details found so far from investigations, information has been found to believe that Prageeth Ekneligoda had been abducted by an organized group."

Appeal Court Quashes Jaffna Magistrate M. Ganesharajah’s Attempt To Wrongfully Punish “Uthayan” Editor For Contempt


Colombo Telegraph
June 19, 2013
The Appeal Court today (19.06.2013), granted relief in writ application CA (Writ) 180/2012, filed by Thevanayagam Premananth, Editor of Uthayan Newspaper against the Jaffna Magistrate, Manikkavasagar Ganesharajah. The Writ application was taken up before Justice S. Sriskandaraja, President of the Appeal Court and Justice Malini Gunaratne. K. Kanag-Isvaran, PC with Viran Corea, Lakshmanan Jeyakumar and Niran Anketell appearing for the Petitioner (Editor).
Thevanayagam Premananth, Editor of Uthayan
Court was informed by the petition, that the Editor had received credible information of an apology tendered in Open Court on 27.06.2012 by the respondent Magistrate, to M. A. Sumanthiran, senior Attorney-at-Law and Tamil National Alliance (TNA) Member of Parliament, after he had pointed out that certain comments made by the Magistrate from the Bench condemning a speech made by him in Parliament, was inappropriate as it was covered by Parliamentary Privilege. After confirming the accuracy of the story, the Editor had caused its publication in the Uthayan newspaper edition of 28th June. The caption of the article in Tamil read: “Sumanthiran MP pointed out yesterday that the Court has no authority to criticise matters spoken of in Parliament”. The petitioner complained to the Appeal Court, that consequently, he was sent a letter that very evening through the Registrar of the Jaffna Magistrate’s Court, that he must appear before the Jaffna Magistrate in Open Court the very next day (29th June). The letter did not bear any case number but indicated that it was to give explanation regarding the news report.   When the Editor appeared in Open Court with his lawyer, the Magistrate had berated him and he was told to tender an apology, claiming that he never tendered an apology. The Editor replied that if he was ordered to do so, he would consider it his duty to comply. On being prevailed upon, the petitioner then stated to Court that he was tendering an apology ‘as ordered by Court’. However, the Magistrate, dissatisfied with this apology, directed the Editor to turn around, face the public, and apologise as though of his own free will, stating that he was apologising of his accord, and not to state that he was ordered by Court to do so. The Editor, who could not do so honestly, had then turned around, faced the public and said, “We published a news item yesterday. However, the Learned Magistrate now says that he did not apologise to Mr. Sumanthiran. Therefore, I am apologising.”
The Magistrate had then instructed the Editor to disclose the source of the initial information, which he refused due to his obligation to protect confidential sources of information. This obligation is recognised in Article 5 of the Code of Professional Practice (Code of Ethics) of the Editors Guild of Sri Lanka, which was adopted by the Press Complaints Commission of Sri Lanka. The Magistrate had thereafter fixed the matter for 9th July and instructed the Editor to disclose his source and to show cause why he should not be charged for contempt of court on that date. It was urged to the Appeal Court, that for the reasons set out in the petition, the actions of the Magistrate were illegal, ultra vires and without jurisdiction, and that unless a stay order were granted, the petitioner would face grave harm and damage. After hearing counsel, the Appeal Court issued interim relief, preventing M. Ganesharaja, the Jaffna Magistrate from taking any steps to deal with the Editor on the basis that he had acted in contempt or to issue warrant for the arrest him till the Appeal Court case is concluded.
The Magistrate was issued notice by the Appeal Court and initially came to court with the Attorney General’s Department backing him. However he did not attend court to defend his actions when the case was taken up for final hearing today.
The Appeal Court considered the facts and the applicable law and ruled that the petitioner is entitled to the relief he has sought. A writ of certiorari was issued, quashing the Magistrate’s order to try the editor for contempt.
Sri Lanka: Proposed Media Code Threatens Free Speech
Rules Would Further Restrict Already Embattled Press
HRWJUNE 18, 2013
The government’s proposed media code is part of a sustained campaign to control the media and curtail dissent. Sri Lankan journalists are already under enormous pressure not to be critical of the government, and the vagueness of this code will likely lead to greater self-censorship to avoid government retaliation.
Brad Adams, Asia director
(New York) – A new media code proposed by the Sri Lankan government contains overbroad and vague language that could have a severe and chilling effect on free speech, Human Rights Watch said today. On June 17, 2013, the Ministry of Mass Media and Information officially proposed a Code of Media Ethics that would apply to print and electronic media, including the Internet.
The proposed code comes at a time when the government has taken various measures to clamp down on Sri Lanka’s once vibrant media, including forcing some electronic media critical of the government to close down.
“The government’s proposed media code is part of a sustained campaign to control the media and curtail dissent,” said Brad Adams, Asia director. “Sri Lankan journalists are already under enormous pressure not to be critical of the government, and the vagueness of this code will likely lead to greater self-censorship to avoid government retaliation.”
The minister of mass media and information, Keheliya Rambukwella, announced that the code is intended to create a “salutary media culture in the country” because the actions of unnamed media houses had “led to many problems.”
The code contains 13 types of substantive speech that would be prohibited from publication, including content that vaguely “offends against expectations of the public, morality of the country, or tend to lower the standards of public taste and morality.” Also prohibited would be any content that “contains material against the integrity of the Executive, Judiciary, and Legislative” – which could be interpreted as barring criticism of the government. The code also restricts content that “contains criticism affecting foreign relations,” which could lead to sanctions for reporting on international criticism of Sri Lankan government actions.
The government said it has distributed the code of conduct to various political parties for comment and would seek public feedback. It is not clear when the code will be presented to Parliament, what legal effect it will have if passed, or what sanctions would be imposed for non-compliance.
Government-enforced codes of conduct on the media are unnecessary and invariably infringe upon the right to free expression as established under the International Covenant on Civil and Political Rights, Human Rights Watch said. The Press Complaints Commission of Sri Lanka already has a narrowly drafted code of practice that has been endorsed by the International Federation of Journalists and its affiliates in Sri Lanka.
The Sri Lankan media has faced various threats in recent years. On April 3, masked armed men set fire to the office of Uthayan, a leading Tamil opposition newspaper whose journalists have previously been assaulted. In June 2012, the police raided the offices of the Sri Lanka Mirror, a news website, and the opposition Sri Lanka X News website, confiscating computers and documents and arresting nine people. The government shut down at least five news websites critical of the government in 2012 and put in place onerous registration requirements and fees for all web-based media services. Independent or outspoken members of the media have reportedly been pushed out of their positions due to political pressure.
Violence remains a real fear for journalists, which is only heightened by impunity for perpetrators. For instance, there have been no significant developments in the 2010 disappearance of Prageeth Ekneligoda, a contributor to Lanka E-news, or in the murder of Sunday Leader editor Lasantha Wickrematunge, who was gunned down in broad daylight near a police station in 2009.
“The new media code is unnecessary and little more than a heavy-handed assault on the remnants of Sri Lanka’s free press,” Adams said. “The code would hand the Sri Lankan authorities a new tool to harass and threaten journalists who are already working in a very difficult environment.”