India: Draft State Equality Bill

by Tarunabh Khaitan

( February 12, 2016, New Delhi, Sri Lanka Guardian) India is amongst the few regimes with a constitutional commitment to a liberal democracy that nevertheless lack a comprehensive, multi-ground, antidiscrimination legislation. The Bhopal Declaration issued in 2002 seeking to chart a new course for Dalits welcomed ‘winds of change the world over’ towards inclusion and diversity and against discrimination. A conversation on the need and shape of an antidiscrimination law began after the Sachar Committee recommended it in 2006. While the UPA government did briefly consider setting up an Equal Opportunity Commission, the idea was quietly buried. Antidiscrimination law remains a key demand of groups representing women, gays, lesbians, transgendered persons, and persons living with disability. The policy debate on an antidiscrimination law has been going on for about a decade. It is hoped that the existence of a draft Bill will give concrete shape to this conversation and draw attention to details.This Bill is one such effort. It was originally designed with NCT-Delhi in mind, but has been adapted for any other state. It was discussed at a workshop organised by the Centre for Policy Research, Delhi, on the 18th of December 2015. This draft of the Bill has benefited significantly from helpful comments from the discussants at the workshop—Shyam Babu, Jayna Kothari, Saumya Uma, Vidhu Verma, Siddharth Narrain—and from many other lawyers and activists (especially Gautam Bhatia and Danish Sheikh). Further comments and criticism are welcome.

Highlights of this Bill include the following:

The Bill creates civil liability (ss 13, 15) for acts of discrimination.

· Discrimination includes direct discrimination (s 5), indirect discrimination (s 6), harassment (s 7), victimisation (s 11) and aggravated discrimination.

· Aggravated discrimination includes boycott (s 8), segregation (s 9) and discriminatory violence (s 10).
· The duty to refrain from discrimination applies not only to public authorities and private persons performing a public function but also to public and private employers, landlords, traders and service providers (s 12(6)).

· Everyone has a duty to refrain from aggravated discrimination (s 14).

· The protection against discrimination is generally available symmetrically to dominant as well as disadvantaged groups and to majorities as well as minorities (ss 3, 4): to men as well as women, Hindus as well as Muslims, brahmins as well as dalits.

· Public authorities and private persons performing public functions have a diversification duty (ss 16, 17) to progressively increase the participation of substantially excluded disadvantaged groups.

· Public authorities have a duty to give due regard (s 21) to the need to eliminate discrimination.

· Voluntary affirmative action (s 12(4), 19) in favour of disadvantaged groups (s 20) is permitted if proportionate.

· District courts designated as Equality Courts (s 24) have the primary responsibility for civil enforcement.

· A permanent and independent Equality Commission (ss 23, 24) has the responsibility to promote the objectives of the Bill and aid its implementation.

· Protection orders (ss 30, 31) against aggravated discrimination may be obtained from the Magistrate’s court.

Here is the full text of the draft ;

Draft Delhi Equality Bill 2016 Khaitan by Thavam Ratna

New Sexually Transmitted Infection Is Spread… Hundreds Of People Are Already Infected

February ,7, 2016

Mycoplasma Genitalium is a rare autoimmune condition that affects the muscles.

Its symptoms are hidden and it is transferred through sexual contact. Consequently, many people who have been infected with Mycoplasma are not even aware of it.

Some of the most common symptoms include: vaginal bleeding, pain in the testicles, a discharge from the penis and pain around the genital region, especially during sex. The consequences of the incurable infection are far worse.

About 1 percent of the population is infected with this bacterium, doctors assume. When it comes to women, it is mostly manifested by irregular vaginal bleeding, infertility, painful sex, and ectopic pregnancy. On the other hand, the consequences of this infection in men are milder.

Mycoplasma is very common sexually transmitted disease, but it is not sufficiently explored. It is caused by microorganisms that have features of bacteria and occur in the urethra and reproductive system.

The Mycoplasma term actually refers to a group of bacteria that includes more than 70 different species, but only some of them that are present in the human body are certainly determined to cause disease and infection in humans.

According to a study published in 2007 it was shown that the infection caused by the bacteria Mycoplasma genitalium seems to have exceeded the gonorrhea, by the number of cases, and now has become the third most common sexually transmitted disease among the young.

Read also: Prevent Vaginal Infections & Candida With This Healing Salad

Among adolescents who took part in the study of health throughout the America, it was shown that 4.2 percent were infected with chlamydia, 2.3 percent with Trichomonas, 1 percent with Mycoplasma and 0.4 percent with gonorrhea.

Similar results have been published in the latest report from the UK. The results show that not only are the young people endangered, but also middle-aged people can be infected. However, the consequences of this infection are far worse.

However, you can protect yourself from MG by practicing safe sex. The humble condom offers the best protection against STIs and can be used during penetrative, oral and anal sex.

Sri Lanka: Investigate, Not Promote, Ex-Army Chief

Fonseka’s Appointment to Parliament Contradicts Accountability Pledge

Sarath Fonseka speaks to the media during a news conference in Colombo, Sri Lanka on June 14, 2012. 

© 2012 Reuters

(New York) – The Sri Lankan government’s appointment to parliament of the former army chief whose forces were implicated in widespread abuses contradicts pledges to investigate alleged war crimes, Human Rights Watch said today. On February 9, 2016, the United National Party of Prime Minister Ranil Wickramasinghe appointed Field Marshal Sarath Fonseka to parliament as a national list member for a seat vacated by the death of an incumbent.

Fonseka was the commander of the Sri Lankan Army from December 2005 until the defeat of the secessionist Liberation Tigers of Tamil Eelam (LTTE) in May 2009. During the final months of the fighting, Sri Lankan forces under Fonseka’s command were implicated in numerous instances of unlawful shelling of civilians and hospitals, rape and other sexual violence, and the summary execution of prisoners. The government’s failure to prosecute those responsible for serious crimes led to an October 2015 United Nations Human Rights Council resolution calling for justice and accountability, which the Sri Lanka government co-sponsored.

“Fonseka’s appointment signals that the government may protect senior military leaders suspected of widespread abuses,” said Brad Adams, Asia director. “The government should meaningfully demonstrate to the Sri Lankan people and the UN that it’s serious about accountability and not on the road to a whitewash.”

After the end of the war, Fonseka challenged then-President Mahinda Rajapaksa in the 2010 presidential elections. Following his defeat he was briefly jailed by Rajapaksa on spurious charges. In March 2015 President Maithripala Sirisena gave Fonseka a full pardon for his criminal conviction and then promoted him to the rank of field marshal, making him the first Sri Lankan army officer to hold that title.

The Sirisena government has previously sought to protect and promote military commanders implicated in wartime atrocities. In May 2015 Maj. Gen. Jagath Dias, who led the army’s 57th Division during the last two years of the war, was promoted to chief of army staff, one of the armed services’ highest posts. The 57th Division took part in the abusive fighting against the remaining LTTE forces on a small stretch of beach in Mullaitivu district during the final days of the war. Human Rights Watch documented the indiscriminate shelling of civilians and hospitals by government forces in the region where the 57th Division was deployed.

“Fonseka’s appointment is a breach of trust for victims and families who believed in this government’s commitment to deliver justice for war crimes,” Adams said.

Fonseka’s appointment was announced the day that President Sirisena met with the UN high commissioner for human rights, Zeid Ra’ad Al Hussein, and renewed his commitment to justice and accountability for wartime abuses. Under UN Human Rights Council Resolution 30/1, adopted on October 1, 2015, Sri Lanka agreed to establish various mechanisms with the assistance of the international community to deliver justice, reconciliation, and respect for human rights. Sirisena has recently elicited concerns about his commitment to justice by saying that it would not be possible to include foreign judges and prosecutors in a justice mechanism, a key component of the resolution.

“President Sirisena and Prime Minister Wickramasinghe are sending worrying signals on accountability at a time when they should be presenting themselves as leaders determined to achieve justice for all Sri Lankans,” Adams said. “By giving Fonseka a seat in parliament and the highest military rank, they threaten the goodwill their government has generated since coming to power.”

Observations by the Special Rapporteur on the conclusion of his second advisory visit to Sri Lanka (26 January to 1 February 2016)

GENEVA (10 February 2016) - I am grateful to the Government of Sri Lanka for a second invitation to undertake an advisory visit to the country (26 January to 1 February 2016) and for the excellent collaboration in the course of the visit.  On this occasion I met with high Government officials both in Colombo and in Jaffna, with religious leaders and a wide variety of representatives of civil society organizations and victims groups, and the diplomatic community.  The most important interlocutor during this visit, and in a sense, the main motivation for doing it at this time, was the Task Force that has been established in order to carry out the national consultations on transitional justice.  I am grateful to everyone that spent time with me.  Without the support of the Office of the United Nations in Sri Lanka, the Office of the High Commissioner of Human Rights and the United Nations Peacebuilding Support Office this trip would not have been possible.  I thank them for their contribution to this visit. 

Observations by the Special Rapporteur on the Conclusion of His Second Advisory Visit to Sri Lanka (26 Janu... by Thavam Ratna

Family Questions Whereabouts of Abducted Journalist, Subramaniam Ramachandran Last Seen in SL Custody in 2012

11/02/2016

Tamil journalist Subramaniam Ramachandran, who was abducted by the SL military in February 2007 in front of Kalikai junction military camp at Karaveddi in Vadamaraadchi, Jaffna, was last seen alive in the custody of Sinhala military at the notorious camp at Pallappai in the same area in 2012, according to his 55-year-old sister Jeyaratnam Kamalashini. The SL military vacated from Pallappai a year later in 2013 and instructed the people not to dig the abandoned wells in an attempt to cover up alleged mass graves. The genocidal State of Sri Lanka still refuses to reveal the whereabouts of the father of two children. Despite reports of alleged mass graves, there have been no efforts by the judiciary of ‘Sri Lanka’ to excavate the killing fields. Reporters in Jaffna question the advice by the visiting UN Human Rights Chief to expect delivery of justice through the ‘Sri Lankan’ judiciary.

Subramaniam Ramachandran

Subramaniam Ramachandran was the Vadamaraadchi regional correspondent for newspapers Valampuri and Yaazh Thinakkural.

Ramachandran’s sister told TamilNet on Tuesday that there were at least 3 different credible eyewitnesses from different periods to document his detention by SL military, incarceration inside Palaali military ‘High Security Zone’ in early 2009 and his detention at Pallappai military camp in 2012.

SL military (SLA 524 division) was stationed at Pallappai for more than 14 years since 1999.

A government officer witnessed his ‘arrest’ at Kalikai junction in 2007.

A family which was close to EPDP paramilitary went searching for their missing children inside Palaali military base with special permission obtained through Douglas Devananda in early 2009. That family had seen Ramachandran and talked to him inside the Palaali military complex, where hundreds of abducted Tamils had been deployed to work at military-run farms.

In 2012, Ramachandran was seen at the custody of the SL military at Pallappai camp, his sister told TamilNet.

Despite the talk of ‘good governance’ there has been no response forthcoming from the ‘Sri Lankan’ authorities, Mrs Jeyaratnam added.

Ramachandran’s octogenarian parents in April 2015-

Mrs Jeyaratnam submitted a written complaint and gave oral evidence on 13 December 2015 during a public sitting of the so-called ‘SL Presidential Commission to Investigate Into Complaints Regarding Missing Persons’ (PCICMP), a commission created by Rajapaksa regime and extended by the incumbent Sirisena government in Colombo.

A letter sent by the PCICMP, dated 26 January 2016, was saying that it had received 23,860 complaints since August 2013 and the process of analyzing, categorizing, translating and investigating entailed “a long and arduous process”. The letter from the Commission was involving the Divisional Secretary “to provide relief/compensation”.

Tamil Net

US to promote investigative journalism in Sri Lanka

From Lalit K Jha-February 11, 2016

Washington, Feb 11 (PTI) The US has decided to give a grant of USD 500,000 to organisations in Sri Lanka that will promote investigative journalism and build the capacity of journalists in the country.

The objective of such a massive grant, the State Department said, is to increase the capacity of Sri Lankan media and strengthened investigative journalism. The grant would not be given to journalists directly but to the organisations which can work with them to help meet this objective.

As such, the State Departments Bureau of Democracy, Human Rights and Labor has sought proposals from organisations for activities that focus on building the capacity of journalists to provide quality, impartial reporting across a variety of media platforms with a special emphasis on investigative journalism.

Recognising that long-term sustainability should also include training and support for media outlets, the State Department wants the proposals to incorporate activities that provide training for editors on advanced journalism, including how to support investigative journalism efforts, along with roundtable discussions with editors and/or media owners on how to encourage and enhance quality journalism.

"A key outcome of these activities should include increased coverage on reconciliation and transitional justice activities in the country," the State Department said.

In a statement, the State Department said strong consideration will be given to proposals that work to facilitate interaction among journalists and media institutions in the north/east and south as well as proposals that include an emphasis on women journalists. PTI LKJ NSA

 

Civil Society Organization In Dilemma As MS Continues To Side With Ultra-Nationalists

February 11, 2016

Civil Society organizations that supported President Maithripala Sirisena’s election campaign are now in a quandary, due to the President’s preference towards certain ultra-nationalist individuals.

Purawesi Balaya at a recent meeting with the President had objected to the appointments of former Divaina Editor Gamini Sumanasekara and A B Lalith de Silva as Presidential Advisors. The President had reportedly agreed to remove them provided the Purawesi Balaya provides nominations of suitable professionals. Accordingly, the names of Dr Ranga Kalansooriya and former Daily News editor Jayatilleke de Silva had been proposed, while the movement also proposed the name Ravi Rathnaveil had been proposed by the movement for social justice of the late Sobhitha Thera.

The three nominees were summoned to the Presidential Secretariat yesterday and handed over appointment letters, but contrary to the President’s undertaking to replace the presidential advisors with those of the professionals, it was upon inspecting the appointment letters that they realised that they were appointed as Deputy Directors of the President Media Unit which already had a 83 member strong staff. The appointments of Dr Kalansooriya and Mr Jayatilleke are at much lower level considering their qualifications, a Purawesi Balaya spokesman said.                                     Read More

Ranil opens new chapter in Parliament with ‘Ask the PM’ 

 4  27

---

By Ashwin Hemmathagama -Thursday, 11 February 2016

– Our Lobby Correspondent

Prime Minister Ranil Wickremesinghe yesterday moved to adopt a Commonwealth Parliamentary tradition in the House which allows members of the legislature to question the Prime Minister directly.

The weekly feature will be included in the Order Paper as “Prime Minister’s Question Time.”

Explaining the new feature introduced in the Sri Lanka Parliament, the Prime Minister said he expects more MPs to participate. 

 “In response the Prime Minister could go for short answers or explanations in length. However, the members could also raise supplementary questions to clarify the matters,” he said, explaining how the question time would work.

Responding to a question raised by UPFA MP and NFF Leader Wimal Weerawansa, about Sri Lankans losing employment opportunities due to the Economic and Technology Cooperation Agreement (ETCA) with India that the Government is proposing to start negotiations on, the Premier said employment will be provided for Sri Lankans first. 

“When HSBC came here no one lost their jobs. Why should we differentiate between India and China?” the Prime Minister asked. 

He said that the Government was planning to keep developing the Information Technology Sector with factories to be established in Sri Lanka in the areas of robotics and digitalisation which had already been identified, he said.

 “Discussions have been held with leading companies from Japan, Singapore, China, United States and India. The time has come to enter into agreements with these countries,” Wickremesinghe said.

He said the Government had already identified the needs of the next generation, which were better employment and a higher standard of education.

The Prime Minister also dismissed concerns raised by the opposition about the country’s official reserves, the devaluation of the rupee and a serious balance of payments issue that was emerging. Wickremesinghe said currency fluctuation was not unique to Sri Lanka. He said the Government had already negotiated with the IMF for a standby loan facility to face the challenges of any impending global financial crisis. “There is no balance of payments crisis,” the PM said, adding that everything in the country’s reserves were borrowed funds.

“This year we are bound to pay US$1.5 billion debt interest and capital portions. We lost GSP+ so we had to borrow more money in the past. The biggest issue is we have little exports,” he explained.

The Premier also explained to the House that the Government was faced with no choice but to go ahead with the purchase of four Airbus A350-900 aircraft for SriLankan Airlines, because reneging on the order made by the previous Government would result in Sri Lanka having to pay USD 1.5 million each in demurrages. The Government would have to follow through on the purchases, even though the national carrier was making huge losses, Wickremesinghe explained.

 “A350-900 purchase agreements were signed by the previous regime, which lead the company to make a loss. SriLankan was a politically driven company. In 2012 the net loss was Rs.17 billion. It has gone up to Rs.26 billion in 2013. In 2014 the loss was Rs.31 billion. With the oil prices coming down the net loss for 2015 came down to Rs.16 billion,” he told Parliament. Wickremesinghe said the four airbus aircraft will have to be obtained at the full purchased price, with the remaining four being bought on lease, despite the national carrier’s losses. “There was no feasibility study done by the previous Government. They must have expected people to line up in airports to fly in these new aircrafts. Now the FCID is investigating the purchases,” he said.

When a King rules unjustly and unlawfully ,not only himself but his lackeys too must face retribution !

(Lanka-e-News- 11.Feb.2016, 8.00PM) It is a universal truth that if a King rules unjustly and unlawfully , the divine retribution for those outrages and crimes have to be faced not only by the King but also by his stooges , sycophants  and lackeys sooner or later.

This truth was clearly confirmed when  Colombo chief magistrate Gihan Pilapitiya yesterday(10) issued  instructions  to 79 Financial Institutions including banks to provide the necessary information to  the CID in regard to the cash and assets accumulated by three security officers of machiavellian brutal ex president Mahinda Rajapakse .

The three villainous security officers are : Neville Wanniarachi (major Neville) , Tissa Wimalasena (Major Tissa)  and Damith Gomis Ranasinghe. These three scoundrels say , they are not of the army permanent cadre, yet  they were given appointments in the army and absorbed into Mahinda Rajapakse’s security contingent because they are from Tangalle and extremely close to  Mahinda despite being notorious street loafers doing nothing worthwhile. One of them is an infamous murderer.

Following a request made by the CID to court that information pertaining to the cash and assets concealed in Financial institutions in the names of the three security officers and their relatives are  necessary , the chief magistrate Gihan Pilapitiya issued   directives  to the managers of 32 Commercial banks and 47 financial Institutions to provide details of the accounts of the suspects and their relatives  to the CID.

Based on a complaint made by the anti corruption committee secretariat , the financial crimes division of the CID launched this investigation against these rascals and scoundrels shamelessly nursed and nurtured by  brutal lawless Mahinda Rajapakse .

---------------------------
by     (2016-02-11 14:39:38)

Monks discourse is contrary to the constitution – Supreme Court announce

- Feb 11, 2016

The Supreme Court has informed the parliament today 10th that the registration of the Therawada monks discourse is contrary to the constitution. The announcement was read by the speaker today afternoon in the parliament.

The Supreme Court said if the draft bill is to be adopted, it should be amended and sent a guideline.
 
The Supreme Court recommended if the draft bill is to be adopted as it is, a two third majority is necessary and it should be passed by a referendum.
 
The draft bill was presented to the parliament on January 12th and it has become a hot topic during these days.

Rotten Political Culture In Hambantota Needs To Be Changed

By Don Alwin Kularatne –February 11, 2016

We need to examine the nature of Sri Lanka’s election system with a focus on ‘the party nomination procedures’, who get the nominations at electoral and district levels, and whether the electors are disempowered by electing representatives from major parties to the parliament? The average electors have many concerns about the way their elected representatives (MPs) function once elected to office but these concerns are not often publicly expressed except by the very brave for fear of repercussions.

As we know, the two main political parties, their affiliates and smaller parties field candidates at general elections. Obtaining the nomination (or the ticket) to organise an electorate or to secure a place in the list of candidates for a given district is a major victory for a candidate who is seriously considering contesting elections. In the country’s political culture since independence, it is very rarely that ‘an independent candidate’ can win a given election. Thus the intending candidates like to establish their credentials to be suitable for receiving the nomination from a major party such as the UNP or the SLFP.

Given the nature of party organisation, leadership, history, and personality politics in the country, when selecting candidates for a given district and/or electorate within a district, a range of factors come into play. Foremost among them is loyalty to the party by the potential candidate, whether he or she has a family history of campaigning for the party, capacity to organise party activities and branches, popularity already achieved, experience in politics and even in government. Individual qualities, skills, character, values, educational knowledge and qualifications are considered as secondary. The system of granting party nominations does not favor outsiders, particularly the youths however much they could show leadership qualities and potential. It also does not favor those from minority castes, lower socio economic backgrounds or women unless they are already affiliated with so called ‘political families and clans’.Read More

Govt-UNHRC deal compared with Kandyan Convention

February 11, 2016, 10:34 pm 

Former President Mahinda Rajapaksa yesterday described the pledge given by the government to implement  UNHRC resolution as a great betrayal comparable to the Kandyan Convention of 1815

Following is the full text of President Rajapaksa’s statement: 

The President and Prime Minister have given the UN Human Rights Commissioner an assurance that last year’s UN Human Rights Council resolution against Sri Lanka will be implemented. This UNHRC resolution was accepted and co-sponsored by the Sri Lankan government and passed by the UNHRC without a vote. The UNP led government accepted the Geneva resolution with the same carelessness with which they entered into the ceasefire agreement with the LTTE in 2002. Though our Ambassador in Geneva tried to negotiate different terms that was deliberately stopped by the government which insisted on accepting the US sponsored resolution just as it was. There is now an attempt to portray this UNHRC resolution as a great diplomatic victory for Sri Lanka. But in reality, it was a great betrayal comparable to the Kandyan Convention of 1815.

The people should once again be reminded about what exactly has been undertaken by accepting this resolution. In operative paragraphs 1, 4, 6, 7, 8 and 12, the present government has accepted the report of the Office of the High Commissioner on Human Rights which said that war crimes including the killing of civilians, torture, and the deliberate starvation of people had been committed by our armed forces and they have agreed to set up a war crimes tribunal manned by foreign judges, prosecutors and investigators and funded directly from overseas to try our war heroes for these alleged crimes. Furthermore they have agreed to remove through administrative action members of the armed forces who are suspected of having committed war crimes but against whom there isn’t enough evidence to place before the war crimes tribunal. They have also agreed to make amendments to the Public Security Ordinance and to repeal the Prevention of Terrorism Act.

In operative paragraphs 16, 18 and 20, the government has undertaken to devolve power in order to bring about a political settlement Sri Lanka and to do everything undertaken in the resolution under the supervision of the Office of the High Commissioner on Human Rights (OHCHR). It should be borne in mind that the OHCHR that has come in for heavy criticism by the UN Human Rights Council itself. The UNHRC passes every year (with more than a two thirds majority) a resolution calling upon the OHCHR to end the domination of that office by Westerners and to reduce its dependency on Western funds. The government has thus agreed to place Sri Lanka under the supervision of an institution that is facing criticism by the UNHRC itself for its Western bias. Read more...

Yoshitha denied bail

By Ishara Ratnakara

2016-02-12

Kaduwela Magistrate Dhammika Ganepola yesterday ordered five suspects including Yoshitha Rajapaksa, who have been in remand custody for 12 days on charges of money laundering at the CSN network, to be further remanded until 25 February.The Magistrate rejected a bail plea by their attorneys.The five suspects arrested by the FCID on 30 January were Yoshitha Rajapaksa (UPFA and SLFP Kurunegala District MP Mahinda Rajapaksa's second son), former CEO of CSN network Nishantha Ranatunga, CSN Director Rohan Welivita (MP Mahinda Rajapaksa's Media Secretary), Asan Ravinath Fernando and Sachithra Kavishan Dissanayake respectively.

FCID officials told Court that five cell phones had been confiscated from the five suspects and for further analysis the cell phones had been given to the Sri Lanka Computer Emergency Response Team (CERT).
Security was beefed up around the Court premises yesterday to preempt any breach of the peace.
The suspects were brought to the Kaduwela Magistrate Court under joint Police and Prison security, reaching Court premises at 9.15 a.m.
The suspects were handcuffed until such time as they were ushered into Court for the hearing to proceed. They were held in a room in Court premises until then.

Former first lady Shiranthi Rajapaksa was seen arriving at the Court followed by the former President and MPs of the Joint Opposition almost simultaneously.
When Court opened the alleged money laundering at CSN was the first case to be taken for hearing.
The suspects then stepped into the dock. Attorney for the respondents, Presidents Counsel Jayantha Weerasinghe requested Court to grant bail for the suspects in the case.

More Story>>>

Gnanassara re –remanded until 16 th : Why request bail today after requesting incarceration on previous day? Judge asks

(Lanka-e-News- 11.Feb.2016, 8.00PM) Galagodaathe Gnanassara the robed monk who earlier on tried to demonstrate his powers and prowess as a thug in Court was again remanded until the 16 th after he was produced in court  yesterday(10) , on the orders of  Homagama magistrate Ranga Dissanayake.

Gnanassara was enlarged on bail subject to stringent bail conditions day befire yesterday (9) in the case based  on contempt of court charges  .However in the case in which he is charged with theratening Sandya Ekneliyagoda , since that is an offence under the protection of victims and witnesses Act  , and following the contention advanced in court yesterday that bail cannot be granted by the magistrate court in this case , Gnanassara was remanded again until yesterday (10) in order for the court to resolve that issue .

Tirantha Wallaliyadha lawyer for Gnanassara pointed out when the case was called up today , only a part of the Act in question has been gazetted and as the remainder is not yet gazetted , this case being referred to the appeal court is not in order .

In reply , Upul Kumaraperuma the lawyer for Sandya pointed out the section that is not gazetted is not relevant to this case. The section of the Act states the victims must be protected , and until the Authority is vested   , a part of it had  not been gazetted  . However , since the offence committed by Gnanassara is considered as a criminal issue , what is relevant is only that section which has been gazetted , Kumaraperuma explained.

The judge Ranga Dissanayake who weighed the pros and cons of the submissions made by both parties , declared that a verdict on this will be given on the 16 th , and until  then , he ordered that Gnanassara is held in remand custody. 

It is noteworhy the monks who tried (pretended) to self immolate and creep under the vehicle on behalf of Gnanassara on the earlier occasion were nowhere around today .Probably the have crept underground in fear based on the subsequent developments legally and rightfully.

The judge yesterday  while granting bail to Gnanassara asked a most pertinent question from Wallaliyadha the lawyer for Gnanassara : how come Gnanassara who heroically wanted to be remanded that day, is today pleading for bail ?  

Hereunder are the questions and answers ….

Magistrate
Is suspect requesting bail?

Wallaliyadha 
Yes your honor

Magistrate 
Why , that day he shouted  ‘put us inside’ . Then why is he requesting  bail now?
Irrespective of  the pleas of the suspect to be remanded or be released , we take decisions only based on the laws. Going by the conduct of this suspect it is clear  , his behavior was planned and premeditated.
It can be inferred it is in order to accomplish an ulterior objective , he sought to get himself incarcerated voluntarily.The court cannot allow room to use the court to achieve such foul designs. Committing contempt of court and threatening State officers are not offences for which bail can be granted. 

No matter what , the suspect cannot be permitted to use the hallowed court to achieve his nefarious designs. Hence , bail is being granted subject to stringent conditions.

The suspect shall not   speak about this case or any other to the media or at any other place . If he does , the bail will be cancelled . The suspect shall also visit the Homagama police every Sunday  between 9.00 a.m. and 12.00 noon , and record his visit there. 

---------------------------
by     (2016-02-11 14:31:02)

Short of options, Sri Lanka turns back to Beijing's embrace

Tourists rest near the "Colombo Port City" construction site, backed by Chinese investment, in Colombo February 8, 2016. REUTERS/Dinuka Liyanawatte

BY SHIHAR ANEEZ- Wed Feb 10, 2016

Just over a year after a new leader was elected and Sri Lanka's business ties with China came under close scrutiny, Colombo is reversing course by resuming a stalled port project and naming Beijing as the front runner for a new special economic zone.

India is nervous about losing influence over the island nation off its southern tip, while China's push into the Indian Ocean, and the possibility of dual purpose civilian-military facilities in Sri Lanka, are raising alarm further afield.

The ouster of President Mahinda Rajapaksa, who steered Sri Lanka toward China until 2015, was a setback for ties, as his successor reviewed projects to check if they were fair and legal.

Now Maithripala Sirisena's government, faced with falling foreign reserves, a balance of payments crunch and few, if any, alternative investors, is heading back into Beijing's embrace, albeit on better terms than before.

"The stance on China has completely changed," cabinet spokesman Rajitha Senaratne told Reuters. "Who else is going to bring us money, given tight conditions in the West?"

Most of the focus has been on the $1.4 billion port city China wants to build in the commercial capital, Colombo, where cranes and diggers have sat idle for months.

But according to International Trade Minister Malik Samarawickrama, Chinese investors have also expressed interest in a special economic zone (SEZ) in Hambantota, southern Sri Lanka, where a $1.7 billion seaport and airport built by the Chinese are operating at a fraction of capacity.

"We will agree to that. They will invest their own money. That's the way to go forward," Samarawickrama told Reuters.

INDIA "NOT CONCERNED"                        Read More