JHU Bill To Repeal 13th Amendment – Legal Challenge By CPA In SC today

July 1, 2013 

The Private Member’s Bill by Athureliya Rathana Thero, Member of Parliament (Jathika Hela Urumaya – JHU) has been challenged by the Centre for Policy Alternatives (CPA) in the Supreme Court, on the basis that the Supreme Court should determine that the Bill is unconstitutional and cannot be proceeded with, since it has not been referred to all the Provincial Councils as required by Article 154G(2) of the Constitution. The case is due to be taken up today (01.07.2013) in the Supreme Court.

Athureliya Rathana Thero

The Petition to the Supreme Court states that several Bills have previously been held to be unconstitutional and incapable of being proceeded with due to this failure. The Colombo Telegraph is reliably informed that several parties have asked to intervene and support the Bill when the petition is taken up for hearing today.

Here is the full text of the Petition filed by the Centre of Policy Alternatives (CPA) that the Colombo Telegraph has been able to obtain:

IN THE SUPREME COURT

OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA

In the matter of an application in terms of Article 121 read with Article 120, Article 78 and Article 154(G)(2) of the Constitution to determine whether the Bill titled “The Twenty First Amendment to the Constitution (Private Member’s Bill)” or any part thereof is inconsistent with the Constitution.

Centre for Policy Alternatives (Guarantee) Limited,

24/2, 28th Lane, Off Flower Road,

Colombo 07.

                                                            Petitioner

JHU Bill to Repeal 13th Amendment Egal Challenge by CPA in SC Today by nelvely

Sri Lanka select committee on 13A to meet without opposition

 June 30, 2013 

The Sri Lankan parliamentary select committee (PSC) on devolution will meet on July 19 despite boycott by opposition members, who say the meeting has been convened to strip provincial council of powers. 

"The PSC with 19 government MPs would meet as scheduled. The opposition is yet to name their allocation of 12 members," Nimal Siripala de Silva, the senior minister and Chair of the PSC said today. 

The PSC has been convened to look at powers of the 13A, more pointedly to strip the provincial councils of land and police powers. 

It is expected to recommend ways to strip the island's 9 provincial councils with control over land and police issues ahead of the September's northern provincial council election. 

The government has separately framed two amendments which would mean that two or more councils would not be able to merge as one province. 

De Silva said the PSC would be the forum for all parties to air their views on provincial powers. 

However the main Tamil party, TNA, the main opposition UNP and the main Muslim party Sri Lanka Muslim Congress have decided to skip the PSC meeting. 

The TNA announced yesterday that PSC was targeting a dilution of provincial powers which the party was not in agreement. 

Announcing the SLMC decision today, the party leader Rauff Hakeem, who is also the minister of justice said, "The PSC must be put in the dust bin. There will be no main opposition, no TNA, no SLMC". 

Hakeem, however, said his party would not leave the ruling UPFA coalition despite the differences over the 13A. 

"We won't take any action to destabilise the government", Hakeem stressed. 

President Mahinda Rajapaksa has come under pressure from his Sinhala majority nationalist allies to dilute powers of the provincial councils. 

The nationalists warn that unfettered powers to provinces would lead to TNA achieving the dream of a separate state for Tamils.

Internal rift in government explodes from the South

Internal rift in government explodes from the South

Monday, 01 July 2013 

The government’s move to get the approval of provincial councils to the proposed amendment to repeal the current provision to merge two or more provincial councils has resulted in a split in the governing party in the Southern Province. The Cabinet has approved the amendment and decided to seek the approval of the provincial councils as well.

Political analysts say that it is a decisive moment in local politics since the split in the governing party has emerged from the South, which is the Rajapaksa’ constituency. The proposed amendment was tabled in the Southern Provincial Council by Chief Minister Shan Wijelal de Silva. The amendment created a debate between the governing party members in the council. Southern Provincial Councillor Anarkali Akarsha had telephoned MP Namal Rajapaksa and informed him that some governing party members in the council were speaking against the amendment. A few minutes later, the President had telephoned Anarkali and spoken to several governing party members through her mobile phone and asked them not to act in a manner that would place the government in difficulty.
However, the President a few days earlier had asked the provincial councillors to vote according to conscience. Nevertheless, the issue that took place in the Southern provincial Council resulted in the government directing the chief ministers from the other provinces to ensure that the amendment receives approval in their respective councils and to take stern action against those who speak against it.
Following the debate on the amendment, seven governing party members in the Southern Provincial Council had voted against it. Provincial minister Bindu Weerasinghe was also among those who voted against the amendment. Among the other who voted against are Ven. Baddegama Samitha Thero, Ananda Padmasiri Kariyawasam, Ajith Prasanna, A.G.C. Piyasiri, Weerasumana weerasinghe and Gayaneththi. Agriculutre Minister Mahinda Yapa Abeywardena’s brother Sarath Yapa Abetwardena had abstained from voting. The UNP and JVP councillors had voted against the proposal. However, the proposal received 22 votes in favour and 21 votes against it. The government managed to pass the proposal with one votes.
Interestingly, two UNP councillors were not in the chamber when the proposal was put to a vote. They were councillors Pushpakumara alias Raththaran who is overseas and Kapila Wellappili. The UNP Leader has decided to call for an explanation from Wellapili for the reason for being absent from the council when a vote was taken.

Foreigners sell down over Rs. 5 bn in securities and equities in one week

June 30, 2013

Foreign investors have pulled out Treasury bond investments amounting to Rs. 6,017 million last week, accounting for a small fraction of the total foreign holdings, Central Bank data showed, leading to a net outflow of Rs. 4,063 million from the securities market during the week in addition to a Rs. 1 billion outflow from the stock exchange.

Out of total foreign holdings in Treasury bonds amounting to Rs. 424,708 million as at June 19, a small fraction, 1.41 percent or Rs. 6,017 million, was sold down during the week ending June 26 to Rs. 418,691 million.

Of the Rs. 6,017 million that exited the Treasury bond market, Rs. 1,954 million found its way to the shorter term Treasury bill market taking the total foreign holdings in Treasury bills up to Rs. 76,001 million as at June 26, from Rs. 74,047 million as at June 19.

In effect, a net outflow of Rs. 4,063 million was recorded during the week.

Foreign holdings in government securities, both bills and bonds, amounted to Rs. 494,692 million or 13.58 percent of the total outstanding Treasury bills and bonds as at June 26. The Central Bank is hoping to bring this down to the 12.5 percent limit by the end of this year.

Foreign investors bought Rs. 6.67 billion in Treasury bills in the three weeks ended on 19 June, and sold Rs. 5.66 billion worth of Treasury bonds in the same period.

Foreign holdings in Treasury bills rose 9.9 percent during this period to Rs. 74.04 billion and Treasury bond holdings fell 1.3 percent to Rs. 424.7 billion, as foreign investors reacted to news that the US Fed would scale down its quantitative easing programme this year.

Last week, foreign investors unwound their investments in the Colombo Stock Exchange to the tune of Rs. 1,026.62 million. Year-to-date, the exchange had attracted foreign investment amounting to Rs. 15,177.56 million.

According to global banking giant HSBC, the US Fed was likely to begin tapering down its quantitative easing programme by this December but monetary policy easing was not likely to take place until 2015 or after. Cheap funds, seeking emerging market such as Sri Lanka, may not be erased from the system for a long time to come. Also, Japan is planning to rollout a quantitative easing programme of its own which would see its balance sheet double over the next few years.

"Global capital liquidity will still be there. Also, there will always be a growth deferential between the US and Asia. There will always be a yield (interest rate) deferential between the US and Asia," Leif Eskesen, HSBC Global Research Chief Economist for India and ASEAN, addressing a breakfast meeting for top clients of HSBC Sri Lanka in Colombo last Wednesday (26).

He said the global concerns about the US Fed decision would remain until the end of this year, and "the impact of the tapering down US Fed stimulus would not have a significant impact on Sri Lanka", Eskesen said.

The rupee fell sharply in recent weeks after the US Fed announcement after foreign investors began unwinding their securities and equity holdings.

After opening at Rs. 129.60/65 against the US dollar, the rupee slipped further to close at a seven month low of Rs. 130.65/80 last Thursday. The Sri Lankan rupee fell 3.16 percent since June 10.

On Friday, the rupee gained some lost ground closing at Rs. 130.50/60 against the greenback. Currency dealers said banks were selling dollars on Friday because they were in need of rupees to maintain reserves to the Central Bank’s required level.

Mervyn’s Supporters Curse Sunday Leader

Mervyn’s Supporters Curse Sunday Leader

FREEDOM OF EXPRESSION SRI LANKA

Minister and his gang- Monday, July 01, 2013

Supporters of Public Relations Minister Mervyn Silva broke coconuts at the Muneshwaram Temple in Chilaw last Friday and cursed The Sunday Leader newspaper.
The Minister’s supporters cursed the owner of the publication as well as the Chief Editor and the reporter who had written an article on the Minister and his son recently.
In cursing the newspaper, the supporters of the notorious Minister called on the Gods to pour their wrath against the publication.
The Minister, who is currently touring Tanzania and the Seychelles as part of President Mahinda Rajapaksa’s delegation, had earlier accused the newspaper of repeatedly targeting him and his son through various articles.

The Minister had said that he will not attack the newspaper personally but will instead let the Gods take care of that.
The Chief Priest of the Muneshwaram Temple had told the Minister’s supporters that the Gods will take action on anyone who does wrong.
SL

Oh! What A Nation!

By Helasingha Bandara -July 1, 2013 

In the West we are known as a short, fat, black and ugly nation. Now we have lost our dignity, pride, self-respect, spines, ethics and morals. What are we left with? Nothing! What a nation we have become! A ‘nothing nation’!

Indeed our country is beautiful. The world admires its natural splendour, magnanimity and hospitality of at least some of its people. We have a glorious history to talk about and be proud of. But then, what has happened to us.

Are there any signs left in us to claim that we are the decedents of the people of the caliber of Wariyapola Sumangala, Maddumabanda Ehalepola, Puran Appu, and Keppitipola and so on?  Hardly! Some recent examples I may bring in to highlight the despicable and undignified state that we have descended to.

Sarath Kumara

Oh! What a Nation! by nelvely

Indian RAW bugged my mobile phone – Gota blasts Etisalat CEO

Indian RAW bugged my mobile phone – Gota 

blasts Etisalat CEO

Monday, 01 July 2013 

Defence secretary Gotabhaya Rajapaksa’s has shouted at Duminda Rathnayake, the CEO of Etisalat Lanka mobile phone network saying that India’s intelligence agency Research and Analysis Wing (RAW) is behind tapping his mobile phone.

When Duminda Rathnayake rejected the accusation and insisted that his network has taken every step to prevent phone hacking, the Defence Secretary has blasted him with filthy language.

He is of the opinion that Indian RAW is bugging his phone to gather information with regard to national security.

The accusation comes at a time Sinhala extremist groups supported and funded by Gotabhaya Rajapaksa are carrying out a massive propaganda campaign against 13th amendment to the constitution and provincial councils.

His brother, Basil, is to leave for Delhi on Thursday as President Mahinda Rajapaksa’s special envoy to discuss the situation with Indian authorities. In previous rounds, both Gotabhaya and President’s Secretary Lalith Weerathunga joined with Basil to brief Indian leaders.

The Defence Secretary, who holds both Sri Lankan and US nationality, is aware that US also employs similar methods to listen to telephone conversations but has not publicly commented about it. 

Male body found near school in Panadura

Male body found near school in Panadura MONDAY, 01 JULY 2013  A body of a male was found in a car near a leading school in Panadura this morning, police said. The victim was identified as a 40-year-old resident in Nugegoda. The cause of death was determined as strangulation, following a Postmortem examination carried out by the District Court doctor in Panadura. Investigations revealed that Devanarayana had been employed abroad and had returned to the country recently and that his wife was still employed aboard. His relatives who identified the body said he was suffering from diabetes and that he was not facing any personal problems as far as they knew. The body found lying in the driving seat was leaning against the passenger seat. The Panadura Chief Magistrate Ruchira Weliwatta who conducted the preliminary inquiry ordered JMO Panadura Dr. P.B.Dassanayake whose report confirmed that the victim had been strangled to death. Police investigations are going on. (Kusal Chamath) Pix by Pinsiri Perera

A criminals’ paradise

June 30, 2013

There’s apparently no agreement among scholars on the origin of the pithy saying, "The law is an ass", though the general consensus is that Dickens popularised it through Oliver Twist. Whoever really deserves the credit for that aphorism, one cannot think of a better metaphor to describe Sri Lanka’s legal system, which is obstinate, stupid, tardy, lazy and capable of kicking with both hind legs and even biting when the ordinary people are in trouble, seeking justice. But, surprisingly, it transmogrifies into a sturdy charger when the rich and the powerful happen to take recourse to it!

Children of the ordinary public get promptly arrested and prosecuted even for negligibly minor offences such as the theft of water pistols and loose change, but politicians who help themselves to public funds to the tune of millions of rupees and their sons who commit crimes such as assaulting military and police personnel and grabbing their weapons go scot free. When poor children join elders in mining sand in unauthorised areas, for want of a better alternative, to augment their parents’ meagre income, they are rounded up, taken to courts and separated from their families by being sent to juvenile rehabilitation centres, but politicians and their goons who commit heinous crimes such as murder, rape and arson easily get bail and continue to carry out their sordid operations and be a public nuisance!

On Saturday, the CID informed the Colombo Magistrate’s court that a case against Tangalle Pradeshiya Sabha Chairman Sampath Vidanapathirana (UPFA) and seven others allegedly involved in the killing of a British citizen named Khuram Shaikh and raping his girlfriend in 2011, had been transferred to Colombo from Tangalle on the Attorney General’s instructions as the suspects were threatening witnesses. The defendants have denied the allegation.

The case is now sub judice and, therefore, best left to the learned judges. But, how on earth could anyone claim that Colombo is safe for the witnesses who are threatened in Tangalle? The CID must be asked what action it has taken against the suspects to ensure the protection of the hapless witnesses. Shifting the case to Colombo cannot be considered a solution by any stretch of the imagination in that the ruling party politicians and their goon squads are capable of taking targets in any part of the country; the distance between Tangalle and Colombo is no barrier for them.

The absence of strong witness protection laws and the subservience of the police to the ruling party have stood criminals within the government ranks in good stead, and the prevailing culture of impunity has lent spurs to those anti-social elements. There are several ways in which thugs working for the government usually get away with their crimes. The police are made to hush up or botch up investigations; the witnesses are intimidated into recanting their statements or slanting evidence towards the defendants; the state prosecutor selectively withdraws cases; the judiciary is interfered with, and if all these measures fail and the criminals happen to get convicted by any chance, they are given presidential pardons.

The manner in which cases against government politicians, their family members and cronies are handled bolsters the Opposition’s argument for resurrecting the 17th Amendment to set up independent commissions for the police, the judiciary, elections, the public service etc.

The British government is justified in having expressed its deep disappointment over the tardy progress in the Khuram Shaikh case, though it needs to be asked what action it has taken against Adele Balasingham, who is comfortably living in London according to Lord Naseby in spite of her involvement in grave crimes against Sri Lankans such as massacres, blowing up civilian targets, political assassinations, recruiting child soldiers etc.

It looks as if the government were going full tilt to have the pariah status conferred on this country by giving its thugs free rein to assault, kill, maim, rape and rob people with impunity.

COURT ISSUES NOTICE ON PB

COURT ISSUES NOTICE ON PB

July 1, 2013 

Colombo High Court today issued notice on Treasury Secretary P.B. Jayasundera to appear in Court on July 23 to give evidence in the VAT scam case. 

Colombo High Court judge Kumudhini Wickremasinghe ordered that the Treasury Secretary appear before the court while taking up the case this morning (July 1).

Furthermore, the court also ordered former Commissioner of Internal Revenue Department to appear before the court on that day.

The suspects who are already in remand over the VAT scam of Rs. 4 billion were presented at courts today.

‘Army Prasanna’ arrested MONDAY, 01 JULY 2013 A prominent underworld leader ‘Army Prasanna’ against whom five open warrants have been issued was arrested by the Kelaniya Police today and ordered to be remanded till July 5 by the Mahara Magistrate court. The suspect Hiran Prasanna Kumara alias Army Prasanna was arrested this evening over alleged robberies, thefts, smuggling of heroin and possession of weapons. Magistrate Dharshika Wimalasiri ordered the suspect to be produced before each court that had issued warrants against the suspect. Army Prasanna was assumed to have been dead and trials in which he was the accused were conducted ex- parte, until he was arrested today. (Dasun Rajapaksa) Five sentenced to death for murder Five persons found guilty of abducting and murdering a person, were sentenced to death by Moneragala High Court Judge Gihan Kulathunga today. The crime had been committed in October 2002. The accused were found guilty and after a lengthy trial were sentenced by Moneragala High Court Judge a shortwhile ago.(Nayanajeewa Bandara)

Sri Lanka: Winning The War But Not The Peace

By Ishtiaq Ahmed -July 1, 2013

Dr Ishtiaq Ahmed

The 30-year-old ethnic conflict in the Sri Lankan state, an essentially Sinhalese majoritarian preserve, and the uncompromising and relentlessly violent Tamil leadership claiming a separate state, Tamil Eelam, on behalf of the Tamil minority of north and east Sri Lanka, culminated with a comprehensive military defeat of the Tamil Tigers at the hands of the Sri Lankan military and paramilitary forces. However, it also turned out to be a terrible example of collective punishment for the Tamil minority. This is the tragedy that the political scientist, former political activist with a strong Marxist-humanist commitment and a Sri Lankan diplomat, who till recently was serving the UN in Geneva and France and UNESCO, analyses with courage and insight.

Sri Lanka Winning the War but Not the Peace by nelvely

Hong Kong holds democracy protest

Hong Kong holds democracy protest

By AP News Jul 01, 2013

HONG KONG (AP) — Tens of thousands of Hong Kongers took to the streets in protest Monday, demanding their widely disliked Beijing-backed leader resign and pressing for promised democratic reforms so they can choose their own top representative.

The annual protest march has become increasingly popular in recent years, underscoring the growing gulf between Hong Kong and the mainland 16 years after the city ceased to be a British colony and came back under Beijing’s control

Hong Kong Holds Democracy Protest by nelvely

President disturbed by the Norway ambassador’s marriage

President disturbed by the Norway ambassador’s marriage

Thursday, 27 June 2013

President Mahinda Rajapaksa is displeased that the Norwegian government has sent a married lesbian lady as Norway’s ambassador to Sri Lanka, sources from Temple Trees said.

The President has had a lengthy discussion on the matter with a group of Bodhu Bala Sena (BBS) representatives who had recently visited Temple Trees. The President has expressed his displeasure at the Norway ambassador’s private life during a discussion on the association between BBS and the Norway embassy. Norway’s ambassador to Sri Lanka is Grete Lochen.

The President has told the BBS representatives that the Norwegian ambassador is a lesbian and that he had not permitted her partner legal entry to the country.
“Our most venerable thero, that woman had asked the External Affairs Ministry to make arrangements to get down her lesbian partner. GL told me. Lesbian marriages are not legal in our country. Ambassadors could only get down their spouse and family members. Since lesbian marriages are not recognized in the country I asked GL not to permit the entry of such a person. Our women will also want to behave in this manner if we permit such actions. But she has now got down her lesbian partner to the country as a servant. Our Minister GL does not have the backbone to handle these issues. Well, how can he take action when boys are fighting in the ministry to share the minister? On one side there are lesbians and on the other there are the gays. Our Sinhala Buddhist identity would come to an end if we allow these actions. We must be strict like the Catholic church,” the President has said.
When we inquired into the President’s allegation against the Norway ambassador, we found that she is legally married to her lesbian partner in Norway.
Norway permits gay and lesbian marriages. Sri Lanka on the other hand does not recognize gay and lesbian marriages and even identifies homosexual activities as a crime. However, the danger is the attitude of the head of state towards these ancient beliefs.

Monk remanded over killing

June 30, 2013, 10:23 pm 

By Lalith Chaminda and S. K. Kaluarachci 
Galle correspondents

Galle Magistrate U. S. Kalansuriya yesterday ordered a Buddhist monk, Ven. Pasgoda Upashasntha Thera, to be remanded till July 9 over the killing of a man.

The victim, Saman Kumara Tillakatatne (44) of Hiriwalkumbura, Yakkalamulla had been attacked with a cricket bat and a brick allegedly by the monk, when he and a friend went to a temple in Labuduwa, Galle on Saturday to meet its Chief Incumbent.

He succumbed to his injuries the following day at the Karapitiya hospital.

According to the police, the chief incumbent had been away and the victim had got into an argument with the suspect monk over a movie the latter had been watching at that time.

The injured man was first admitted to the Udugama hospital. The same night he was discharged but the following day he started bleeding from his mouth and nose and his relatives rushed him to the Udugama hospital from where he was transferred to the Karapitiya hospital.

The victim had told his daughter before he was admitted to hospital a second time that was attacked by the suspect monk, according to the police.

Akmeemana police recovered the bat and brick allegedly used in the attack and a blood stained robe from the monk’s chamber.

The Fourth Nuclear Power Plant referendum issue in Taiwan

The Fourth Nuclear Power Plant referendum issue in Taiwan

By Michael Turton Jul 01, 2013 

Back in February the news broke that the Ma Administration had decided to allow a public referendum on the controversial Fourth Nuclear Plant, a contentious political issue for the better part of two decades in Taiwan. The news stunned the nation.

The Fourth Nuclear Power Plant under construction southeast of Taipei. Pic: Michael Turton.

Political observers, including many from the Democratic Progressive Party (DPP), currently the opposition party, were quick to point out the absurdity of the government’s position. 

The Fourth Nuclear Power Plant Referendum Issue in Taiwan by nelvely

Vatican bank cleric arrested in €20m corruption inquiry

Monsignor Nunzio Scarano, 61, accused of trying to help friends bring millions of euros into Italy from Switzerland by plane

Friday 28 June 2013 

A senior Vatican cleric suspected of trying to help rich friends bring millions of euros into Italy illegally has been arrested as part of an investigation into the Vatican bank.

Monsignor Nunzio Scarano, 61, who worked as a senior accountant in the Vatican's financial administration, is involved in another investigation by magistrates in southern Italy. He was arrested in a parish in the outskirts of Rome and taken to the city's Queen of Heaven jail, his lawyer, Silverio Sica, said. Also arrested in the investigation were a member of Italy's secret services and a financial broker.

Sica said Scarano was accused of being involved in an attempt to help friends bring €20m (£17m) into Italy from Switzerland by plane, in league with the secret service agent and a financial intermediary.

The lawyer, who had access to the charge sheet, said the money never left Switzerland. Detectives identified the secret service agent as Giovanni Zitto and the broker as Giovanni Carenzio. It was not clear what role the bank had, if any, in the latest developments.

A Vatican spokesman, Federico Lombardi, said Vatican authorities were willing to co-operate with the investigation, but had so far received no official request. He said the AIF, the Vatican's financial authority, was monitoring the case and would take action if necessary.

The Institute for Religious Works, the Vatican's bank. Photograph: AFP/Getty

The arrests came two days after the Vatican announced Pope Francis had set up a commission of inquiry into the bank, formally known as the Institute for Works of Religion, which has been hit by a numerous scandals over the years.

Scarano worked for years as a senior accountant for a Vatican department known as the Administration of the Patrimony of the Apostolic See. He was suspended from his duties several weeks ago when he was placed under investigation by magistrates in the southern city of Salerno, his home town.

In that inquiry, Sica said wealthy friends had donated money to Scarano to help him build a home for the terminally ill. According to the lawyer, his client wanted to use that money to pay off his mortgage so he could sell a property in Salerno and use the proceeds to construct the facility.

In an apparent attempt to cover his tracks, Scarano has been accused of taking €560,000 in cash out of his account in the Vatican bank a little at a time, usually €10,000 and giving it to friends who then gave him cheques. He deposited the cheques into a separate bank account to pay off the mortgage.

Vatican Rentboy and Satanism Claims Revealed by Paedophile Priest Don Patrizio Poggi

 

Serving and former priests hired rentboys for sex in churches from pimp who sold consecrated hosts to satanists, says defrocked clergyman.

By UMBERTO BACCHI: Subscribe to Umberto's RSS feed | June 27, 2013 11:35 AM GMT

The Vatican has denied Don Patrizio Poggi’s allegations over the existence of an underage prostitution ring (Reuters)

Italian investigators have opened an inquiry into claims by a convicted paedophile priest that an underage prostitution ring has been operating inside the Holy Roman Church with clergymen hiring rentboys for sex inside churches.

Vatican Rentboy and Satanism Claims Revealed by Paedophile Priest Don Patrizio Poggi by nelvely