2 ex-IGPs at the door to Welikada!

Sep 08, 2016

Not just one ex-IGP, but two former IGPs are likely to be imprisoned over the upsetting of the investigation into the murder of ‘The Sunday Leader’ editor Lasantha Wickramatunga and getting the suspects released, say judicial sources. The two former police chiefs in question are Jayantha Wickremaratne and Mahinda Balasuriya.

Wickremaratne is accused over the misplacing of the slain journalist’s notebook, on which he had written down with his left hand the number of the vehicle that had ambushed him just before his killing. It was the present international trade relations minister, UNP chairman Malik Samarawickrama, who had told Wickramatunga to write down the vehicle number.

That notebook was last seen at the table of the Mt. Lavinia HQI. The CID has a picture to prove that. That picture has been enlarged and the vehicle number determined. The notebook has gone missing. The CID has information as to how the notebook changed hands, from Mt. Lavinia police, Mirihana SP’s office, police headquarters and finally to Wickremaratne.

Commenting on this, a senior official of the attorney general’s department told Lanka News Web, “Normally, it is the constables or the court sergeants, who tear pages out of notebooks, lift case material, change evidence and enter falsehoods. It is very deplorable that the ex-IGP has fallen to the level of a PC. He did so to appease those who had appointed him. If such persons are not punished properly, those who are now in the service or those who will join in the future cannot be corrected.”

Ex-IGP Mahinda Balasuriya is accused over the handover of the murder investigation from the CID to the TID and getting the latter’s director, retired senior DIG C.N. Wagista, to release the arrested suspects.

Royal College fund raiser or fund plunder..? Concerned Old Royalist makes shocking revelations.!

(Lanka-e-News -07.Sep.2016, 11.55PM) Hereunder is a text of a  letter addressed to the Hon. Minister of education with copies to his secretary, and Lanka e news  by a concerned  Old Royalist and  parent exposing the outrageous corruption, bribes and frauds that raged under the name ‘Saga,’ a musical event  held at Royal College , Colombo .  

The Principal
Royal College
Colombo 07.
Dear Sir,

ROYAL COLLEGE “ SAGA ” MISHAPS

I would like to notice few points about the Royal College SAGA musical as a Royalist and a parent. I think you are aware that saga is the main fund raiser for the Royal College School Development Society so far and this was the main income for some teachers too.  With the help of former principal Mr. Upali Gunasekara the Masters in Charge (MIC) of Oriental Music in Royal College and SDS officials convert SAGA as their annual fund raising event from the following ways;

Taking Commission from the Stage Setup Providers and Sound Providers. 

Masters in Charge do not let anyone to interfere into this because they are taking a huge commission out of these providers. No quotations are called and if someone try to introduce a well established professional for stage setup and sounds then the MIC’s opposed to them saying they did not work with them hence do not have any idea about their work. The real reason is far beyond that and MIC’s are always working with the same group because it is easy to get their CUT. You can compare the high “SAGA” prices and the market prices for these services.

Taking Bribes From The Parents By Letting Their Children To Participate In The “SAGA” Musical. 

This happens regularly and is a well known secret among the parents. Rumors are circulating that by giving bribes “ so and so ” participated, after each and every SAGA musical. As a royalist I know some parents are willing to do anything to insert their child into the “SAGA” orchestra. MIC’S are keeping some favoured regulars every year to run the show and “ favouration ” is the key factor for others selected. There are players who have completed even the Royal College education after Advanced Level and still playing in the SAGA. You can get so many examples for these situations. Students who have real talents are keeping in a side and they never get any chance at all if their parents are not willing to bribe the MIC’s. You will see the same faces for each & every “SAGA” event. This actually frustrates the students and some of them even give out music because of these unfairness.

Misuse of the Monies Collected

One of Royal College past Vice Principal who once told this writer that there are 22 different accounts running without auditing under different names for the School Development Society. This could be true when you observe the past SAGA souvenirs. The minimum advertising amount is Rs. 3000/= and if you count them you will be able to get a clear idea about the monies collected through the souvenir. This souvenir ad collecting is done by forcing the students by making it compulsory and is a headache to all students. As a Royalist I have a clear idea that we need money to run the college in this level but it is very sad that this money is misused by some MIC’s and SDS officials.

Unusual Behavior of the SDS Officials

During the “SAGA” period you will notice that some SDS officials are working full time at the college. If they do not have an income will they sacrifice their time like this? They should be able to earn more from the college other than their regular earning to sacrifices their time to the college like that. I know Royalists always want their flag fly high but these SDS officials behaviors are exaggerated.

Dear principal you are new to the college but I do not think you will not be fooled by the MIC’s ( Mr. Ashoka Pushpakumara & Mr. Lionel Bandara) and the SDS officials. So please keep your eyes open and do not let these crooks run the same show this year too. Do not let “SAGA” to be called as “ ගසා ” .

LONG LIVE ROYAL

CC :   Education Minister
          Secretary to the Education Minister
          Lanka E news

---------------------------
by     (2016-09-08 03:07:56)

Celebration Of Indian Independence: A Cultural Tribute In Kathak Tradition 

By Tennyson Rodrigo –September 8, 2016

Tennyson Rodrigo

The Indian Cultural Centre in Colombo (ICC) celebrated India’s 70th Independence Anniversary with a dazzling recital of Kathak dance at the Bishop’s College Auditorium on Saturday 13th August 2016.

Though attendance at the occasion was by invitation, ICC was gracious enough to give free tickets on request.

Renowned Kathak exponent Pragati Sood Anand was the principal recitalist; her troupe comprised four other female danseuses and a musical ensemble.

Ms Anand studied dancing for 12 years at New Delhi’s Kathak Kendra and has performed all over Europe as well as in the UK, Australia and America. Among her gurus is today’s most celebrated Pandit Birju Maharaj who has enthralled American audiences at New York’s Carnegie Hall along with tabla wizard Ustad Zakir Hussain.

India’s ancient classical dance forms have continued to evolve and flourish to this day with their original unique characteristics essentially retained. Each such form of dance represents a distinguishing set of ethnic, cultural and artistic identities; Kathakali andMohiniyattam of Kerala, Kathak of Uttar Pradesh,Manipuri of Manipur, Bharata Natyam of Tamilnadu andOdissi of Orissa are regarded as the main forms of classical dance.

Traditionally, Kathak dancers are experts in music, dance and story-telling. The word ‘Kathak’ is derived from the Sanskrit word ‘Katha’ (story). It embodies a quaint synthesis of folk arts and Hindu and Muslim traditions evolved over centuries from temple ritual to colourful courtly entertainment. Today this dance genre has global appeal and many accomplished exponents of the art live and perform in places such as Toronto and San Francisco Bay area.

It was a pity that there was no printed program containing synopses of the stories portrayed in the dances. After a brief invocation Ms Anand proceeded to charm the audience with a profusion of enthralling dance items as virtuosic solos or with her quartet of all-female Kathak specialists.

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Death for Duminda!

Friday, 9 September 2016

Duminda Silva smiles as people greet him prior to the judgment - Pix by Pradeep Pathirana

The high profile Bharatha Lakshman Premachandra murder trial came to a dramatic end yesterday, with ex-Parliamentarian Duminda Silva, a close ally of former Defence Secretary Gotabhaya Rajapaksa being sentenced to death for the murder of the SLFP politico by the Colombo High Court yesterday.

A three judge bench of the High Court issued death sentences on Silva and four others when the verdict was delivered on the assassination of Premachandra, a former SLFP parliamentarian who was gunned down in Kolonnawa five years ago.

The bench announced a divided verdict in the high profile case with the majority decision in favour of sentencing Silva and four others to death.

High Court Judge Pathmini N. Ranawaka delivering the majority verdict before a packed court house yesterday noted that the prosecution had proved during the trial that Silva had led the others in the attack that resulted in Premachandra’s murder.

Judge Ranawala held that medical reports submitted into evidence by the prosecution had shown that Silva had been under the influence of alcohol during the brawl. The verdict also rejected the argument put forward by the defence at trial that Silva had been shot first by the Premachandra faction.

President of the trial-at-bar High Court Judge Shiran Guneratne differed in his verdict, exonerating all 13 accused in the murder trial due to the lack of integrity of the witnesses produced by the prosecution at trial and its inability to prove the charges beyond reasonable doubt.

The majority judgment acquitted eight other accused in the case.

Anura Thushara De Mel, Chaminda Ravi Jayanath alias Dematagoda Chaminda, Sarath Bandara and Priyantha Janaka Bandara were four others also convicted of the Premachandra murder and sentenced to death by the High Court. Silva and four others were charged with unlawful assembly and attempted murder.

Legal counsel for Duminda Silva, President’s Counsel Anil Silva commenting on the verdict said that it was the first time in the country’s legal history that an accused with a ‘life-threatening’ illness was being sentenced to capital punishment.

In his statement on the dock shortly before the verdict was delivered, Duminda Silva told court that he was innocent of the charges.

A tearful Hirunika Premachandra, who has regularly attended the trial proceedings into her father’s killing told reporters outside the court room that the verdict in the case may have been very different if the Government had not changed last year.

“If the government didn’t change we would have not got this verdict. This verdict was only possible because we have a new president who has restored the independence of the judiciary,” Hirunika Premachandran told reporters outside the court house.

Hirunika Premachandra, now a ruling party MP entered the political fray after her father’s death, taking over as SLFP organiser for Bharatha Lakshman’s traditional Kolonnawa electorate.

“There was no place my mother and I didn’t go crying for justice. Today, justice has been served for my father’s murder,” the ruling party MP said

The verdict is being hailed as proof that judicial independence had been restored in Sri Lanka, but Duminda Silva’s supporters insist the judgment was brought about by public pressure. The former MP’s lawyers said they would appeal the verdict in the Supreme Court.

While death sentences are delivered by Sri Lankan courts, the country has not carried out executions since the 1970s, with all death sentences now commuted to life imprisonment terms.

The Premachandra murder trial began on 12 October 2015, exactly four years after the assassination took place on election day. The SLFP politician was gunned down at the Walpola Junction in Mulleriyawa during a brawl between the feuding UPFA Kolonnawa electorate campaign leaders on 8 October 2011. Three others were also killed in the shoot-out.

Soon after the murder, allegations raged that Silva was escaping arrest due to his powerful political connections with Premachandra’s family publicly accusing former President Mahinda Rajapaksa of protecting the killers. (DB)

FIAT JUSTITIA


2016-09-09

After President Maithripala Sirisena and the National Government assumed office last year with the pledge to bring to justice those responsible for political killings or abductions, fraud or corruption -- Colombo’s High Court yesterday gave the first major verdict in one such case. By a 2 to 1 majority verdict, a three-judge bench of the Colombo High Court after a trial-atbar sentenced to death the former controversial parliamentarian Duminda Silva and four others for the murder of former presidential advisor Bharatha Lakshman Premachandra during the Local Government Elections on October 8, 2011. After more than five years of apparently politically- influenced delays and other mysterious happenings at the investigation and prosecution levels, this headline hitting case was finally taken up on October 12 last year by a bench comprising Shiran Gunaratne (President), Pathmini N. Ranawaka and M.C.B.S. Morais. Two judges found the five suspects guilty and sentenced them to death while the Bench’s President acquitted them. 

In another important court case yesterday, the Mt. Lavinia Magistrate’s Court granted approval to exhume the body of well-known editor and investigative journalist Lasantha Wickramatunge who had been shot dead within a high security zone at Attidiya on January 8. The exhumation was requested by the Criminal Investigation Department and will take place on September 27 in the presence of the Magistrate.The order follows the arrest of a military intelligence sergeant in July this year and claims that the postmortem examination conducted in January 2009 was suspicious. 

These two cases and the steady progress in the case involving the killing of national rugby star Wasim Thajudeen are clear indications that judicial independence has to a large degree being restored after the enactment of the 19th Amendment, the setting up of the Constitutional Council, the independent Judicial Services Commission and the independent Police Commission. 

If further evidence was needed, it came last month when the Supreme Court ruled that the manner in which the government increased VAT rates on wholesale and retail items was illegal. The national government responded gracefully and said it would introduce a new bill sometime this month to right the wrong. 

During the past few decades and especially after the 18th Amendment was enforced in 2010, the judiciary to a large extent was undermined and heavily politicised with VIP politicians knowing to have boasted they could influence a judgment with a telephone call. This led to a crisis where most people, who had already lost faith in the police which was seen as a branch of the ruling party, were also loosing faith in the judicial process. Fortunately the people’s silent revolution of January 8, 2015 led to a gradual transformation and today we see judicial independence restored as a vital pillar of democracy. Yet there are prolonged delays in the investigation and prosecution processes. Legal analysts say there are valid reasons in some instances where it is difficult to obtain documentary evidence acceptable in a court of law. Yet there are other cases where some political influence is apparently used to delay or defer investigations or the filing of charges.

 President Sirisena, in the widely spotlighted Matara speech last month to mark the first anniversary of the national government, pledged that if there was evidence of corruption, fraud or other crimes by members of the present government tough action would be taken against them also, even tougher than the action against alleged VIP plunderers of the former regime. We hope the President and the government act on this promise till we reach the hallowed principle where we could proudly proclaim that everyone is equal before the law.

Background and Nature of the Crisis within the SLFP

The SLFP was formed in 1951 and came to power in 1956 by a landslide.  Political scientifically, it was correct branding the SLFP as a political party of the middle path, when its economic and foreign policies were taken into account, but Marxists of the time more correctly branded it as the party of the national bourgeoisie, while the UNP was labelled as the party of the comprador capitalist class.

by Asela Jayanath De Mel

( September 8, 2016, Sydney, Sri Lanka Guardian) The United National Party (UNP) and Sri Lanka Freedom Party (SLFP) became the two main competitive parties in post-Independence Sri Lanka.  The UNP-led governments have ruled the country only 30 years but the SLFP has extended its control over 34 years since the formation of the first independent government of local people in 1947.  The country was under the control of both the parties during 2001-2004 and after January 2015.  The SLFP lost two consecutive elections in 2015, following a long stay in power, and the party faced an internal crisis after the defeat.  This article examines the background and nature of this crisis.     The United National Party (UNP) and Sri Lanka Freedom Party (SLFP) became the two main competitive parties in post-Independence Sri Lanka.  The UNP-led governments have ruled the country only 30 years but the SLFP has extended its control over 34 years since the formation of the first independent government of local people in 1947.  The country was under the control of both the parties during 2001-2004 and after January 2015.  The SLFP lost two consecutive elections in 2015, following a long stay in power, and the party faced an internal crisis after the defeat.  This article examines the background and nature of this crisis.    

The SLFP was formed in 1951 and came to power in 1956 by a landslide.  Political scientifically, it was correct branding the SLFP as a political party of the middle path, when its economic and foreign policies were taken into account, but Marxists of the time more correctly branded it as the party of the national bourgeoisie, while the UNP was labelled as the party of the comprador capitalist class. 

From the perspective of a socialist, the SLFP-led governments took many progressive steps to change the ownership of the means of production and challenged the monopoly of foreign capitalists, who had invested in various sectors on the island.  Nationalization-program and protectionist policies of this party paved the way for a national capitalist class, while the governments led by the SLFP simultaneously established the norm that the SLFP was the party of the ordinary man and the UNP was the party of the rich man belonging to the privileged class. 

In the wake of the neoliberal globalization, the economic policies and strategies of the SLFP came to be invalid and outdated by the end of the 1970s.  After the devastating defeat in 1977, party was in search for an alternative economic policy and a strategy to counter very popular neoliberal economic policies and strategies of the UNP regime, but they failed to find none of them until Chandrika introduced the policy called “open economy with a human face” in 1994.  Within a brief period, Chandrika learned the lesson that not only socialism but also liberalism is not possible in a single country particularly at a time of spreading neoliberalism as the dominant economic ideology throughout the world.  

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Attack on SL High Commissioner in Malaysia takes a dramatic turn !

-To crush extremists there must be a proper appraisal of the Diaspora.

(Lanka-e-News -07.Sep.2016, 11.55PM) According to latest developments , the attack launched on Sri Lankan High Commissioner in Malaysia , Ibrahim Ansar and second secretary Majintha Jayasinghe is in furtherance of a ‘contract’ arrangement , and investigations are being launched in that direction , Malaysian security divisions reveal. 

So far five suspects have been arrested and remanded 

It is being probed whether there was a conspiracy to create communal disturbances in the country between the time of  Mahinda ‘s arrival in SL  as though he returned after winning the whole of Malaysia   , and the attack launched on the SL High Commissioner mentioning the name of Mahinda Rajapakse while  leaving the latter  alone , a SL security chief revealed to Lanka e news.
 
The perplexing question is ,  when  such incidents did not take place in countries visited by Mahinda Rajapakse after his defeat where the Tamil Diaspora is in large numbers , why suddenly this violence erupted in Malaysia only ? It is  also being highlighted , the K.P. ‘drama’ too was staged  in Malaysia , and that should not be ignored during investigations , the security chief pinpointed . 

At all events , the Prime Minister (P.M.) and the opposition leader Sampanthan roundly condemned this attack in parliament today, making special announcements separately.

An analysis on the attack on High Commissioner…

On 2012-09-11 , because of an attack launched on US Consul office in Bengassi , Libya, Christofer Stephens of the Consul office died. He suffered this fate when he was serving for his government in a country  where conflict was raging and in a most perilous environment .

Foreign Diplomats have faced such attacks and have also died in many countries of the world .  That was while they were discharging their duties duly and lawfully .

Under the Vienna convention of 1961, every government  is bound to protect and secure the foreign envoys and diplomatic officers in those countries. Hence , the  foreign country should ensure the safety of those Diplomatic officers. The P.M. in his statement today  said, Malaysia is bound to protect our High Commissioner .

Chris Nonis who suffered similar fate before Ansar 

Our Diplomats have faced attacks on earlier occasions too. One such main incident was that of Chris Nonis , the then Sri Lanka (SL) High Commissioner to Britain during the lawless corrupt Rajapakse regime when he fell  victim to an attack launched by the then monitoring M.P. Sajin Vaas (by now a byword for corruption and frauds) of the SL foreign ministry, and a notorious lackey and lickspittle of the Rajapakse regime.

It is noteworthy , no proper legal action was taken against that hooliganism and violence at that time .  Chris Nonis had no option than to silently heal his wounds using his own hands. 

On two other occasions , LTTE sympathizers attacked the SL  foreign diplomatic offices in Germany and Norway during the period of the war .

In the past , the present Ambassador to Israel by being posted to Russia where he was not wanted , had to face the consequences – he was attacked. He went home without his dress on. Similarly ,an officer of  SL Embassy in  Kenya too was attacked.

In the recent past , the Ambassador to Brazil too was stripped nude when he crept into a place he ought not visit . Interestingly , he is shamelessly and safely still continuing in his post.

The attack on Ansar has another aspect not because the second secretary Majintha left   him and ran  away , but it concerns the lack of knowledge and knowhow of Ansar regarding his diplomatic duties.

He failed to take security precautions even after being aware of sporadic incidents during  several  days before , and noticing with his own eyes the protesting groups on the morning of the day of the incident.

Had any persecution taken place involving the ex president or ministers owing to this moron’s negligence and neglect of duties , grave issues  could have erupted between the two countries. Based on information received, Ansar being a bootlicking stooge  of the Rajapakses , he had acted as pro Rajapakse , and provoked the protestors .In the circumstances , the Malaysian security divisions suspecting  that this is a premeditated contract is justifiable. 

A SL Foreign Envoy speaking to Lanka e news pointed out  , taking this as the cue , there is a likelihood for our SL envoys to get assaulted in other foreign countries too. Particularly in the Middle East and Italy , in the not too distant future , our envoys and officers in those countries will fall victims , because of the appointment of individuals to such posts who are ignorant of their duties  , bungling their tasks , showing no concern for the welfare of the people ,shortsighted, profligate and conducting themselves unpatriotically .

Diaspora - an appraisal ..

Apparently , there is no proper appraisal regarding the Tamil Diaspora among the government officers and the government. Let us cite just two incidents which should bring home to all a proper analysis and mental frame of  the Tamil Diaspora.

The first …
During the final week of the war ,when  a group of LTTE leaders were cornered , the Diaspora leaders in order to save them had secret discussions with none other than Basil Rajapakse to save those  who were surrendering with the white flags .Palitha Kohona who was SL’s  permanent representative to the UN then also said, Basil came to an agreement with them , and there is evidence of a Journalist (female) and the UN officials to testify to this.

This discussion was held , two weeks after India had made  such a proposal in public , and that was kicked out by the Diaspora. This Diaspora that trusted Basil more than India at that time is now alleging  those who secretly surrendered with the white flags had been murdered. At least without secretly surrendering , if the civil population were informed of it publicly , what the Diaspora is now alleging would not have taken place. It is evident from this they have a preference and passion  to put through secret and illicit deals with the Rajapakses.
 
Second reason ……
The Tamil Diaspora that fought tooth and nail amidst the SL government’s stiff opposition , to provide the trapped Tamil civil population with a ship load of  medicines , is now not even taking steps to send a parcel of medicines , leave alone a ship load after the end of the war to the Tamil civilians who are now in refugee camps and abysmally suffering for the last so many years.

During the final phase of the war what the Tamil Diaspora did was , instead of sending the millions and millions of rupees they collected to the LTTE who they treated as ‘gods’  kept those in their custody secretly.  These are the individuals who are now buying fuel pumping stations , massive shopping complexes and massive mansions in Europe.

The poor Tamil youths who died as suicide bombers are more truthful than the Tamil Diaspora. This does not mean there aren’t any honest individuals among them who are truly craving for reconciliation . Unfortunately they are  just a few.

The second generation of the Diaspora is a most racial group . Making Mention of  this cannot be avoided. They are by birth citizens in those countries and have no need or motive to send anything to SL. They have no idea whatsoever in this world of the inhabitants of SL. They have formed gangs and are engaged in perpetuating racism and such campaigns in those  countries where they are.
 
No matter what , during the final phase of the war , all the LTTE activists in Europe were using   Malaysia for their activities . Yet SL security division and foreign Envoys did not do any monitoring in that direction  , and  Foreign Envoys with knowledge and knowhow were not appointed. This was a  grave lapse on the part of the government.

To defeat the conspiracies of extremists ….. 

The politicians , State officials  and diplomatic officers should have a proper appraisal of the Diaspora , and that should be done promptly.  The ability of the extremist groups to sabotage the reconciliation process cannot  be underestimated. 

No government should indulge in pampering Tamil or Sinhalese extremists , and they should do their best to ensureagainst the ordinary people in the middle from being drawn towards extremism . This is the paramount duty of a government. Dilly dallying will only lead to resentment and disappointment among those innocents in the middle , while the extremists get  encouraged and strengthened. 

The government cannot under no circumstances treat the attack on SL High Commissioner in Malaysia as trifling or belittle it . This is certainly a conspiracy hatched by extremists of both sides. Without extremism there cannot be Sinhala extremism ; and without Sinhala extremism there cannot be Tamil extremism , and vice versa.

Hence , instead of being critical of the Malaysian government , by joining hands with the latter every attempt must be made and every avenue explored to defeat the conspiracies of the extremists and crush them once and for all.

By a special correspondent
Translated by Jeff 

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by     (2016-09-08 03:00:32)

LTTE BEING STRENGTHENED LOCALLY AND INTERNATIONALLY – RAJAPAKSA FRACTION

( Rajapaksa and Ranatunga )

08/09/2016

Parliamentarian  and leading member of the former president Rajapaksa led so-called Joint Opposition Prasanna Ranatunga has warned the government  that LTTE being strengthened locally and internationally . He has said that in letter addressed to President Maithripala Sirisena says government controlled  Daily News.

To prove his point, Ranatunge has cited the destruction of two Buddha statues situated in Kanagarayankulam on the A9 road by some unidentified persons on August 29 the report further says.

The Daily News report fellows:

He had said this followed the adoption of several resolutions by the Northern Provincial Council calling for the removal of Buddhist places of worship and Buddha statues, recently.

Ranatunga said in his letter that the motion for the removal of the Sambodhi Viharaya in Kokilai Mullaitivu, tabled by Provincial Council member T Raviharan, had been seconded by member Sivajilingam. Member Subramaniam Pashupathipillai tabled a motion for the removal of a Buddha statue from Madhu in Kilinochchi.

Following the destruction of the two Buddha statues in Kanagayankulam, several Bhikkhus and Tamil people in Kurusittikulam led by the Kurukkal of Kurusittikulam Amman Kovil, had intervened and re-installed a Buddha statue there and they were thankful for this deed.

However, it was regrettable that legal action had not been taken against those responsible for dismantling Buddha statues.

Ranatunga said the behaviour and the activities of TNA Members of Parliament and the NPC, showed that they were nurturing Tiger Terrorism.

Certain resolutions adopted by the TNA showed that they helped to strengthen separatism.

Ranatunga said the TNA supported the President at the last Presidential election and a party which supported him (the President) acting in this manner was most regrettable.

The President while addressing media heads recently, had requested them to desist from causing harm to reconciliation.

But there was suspicion among the public that silence was maintained in the face of TNA onslaughts on reconciliation as a reward for supporting the President. Ranatunge said if the President truly wanted to promote reconciliation, he should stop anti-reconciliation actions taking place in the North forthwith.

Ranatunga said they vehemently condemned the attack and threats aimed by the Tiger diaspora on the Viharadhipathi of Senthul Viharaya in Kuala Lumpur, which was to be visited by former President Mahinda Rajapaksa and the attack on the Sri Lanka High Commissioner in Kuala Lumpur which happened in a well organized manner. The Government should take immediate diplomatic action against these incidents.

All this showed that the LTTE (Tiger) Diaspora was getting strengthened both locally and internationally. The most regrettable thing is to see the Diaspora getting strengthened internationally at a time when a government which crows about winning the international world was in power.

Original heading of  the article:  LTTE being strengthened locally and internationally warns – Ranatunga
www.dailynews.lk

CEB In A Quandary

• As Lack of Electricity by 2020 looming over the country

By Ifham Nizam-Thursday, September 08, 2016

The Ceylon Electricity Board (CEB) would lose more than USD 135 million if they continued the work of Sampur Coal Fired Power Station, as they would not be in a position to start its commercial operations before 2020.

The additional cost for carrying out the project was estimated by the CEB Transmission and Generation Planning Branch and had spelled out to the CEB Board of Management.

Considering the probable power shortage after 2017 in the country, the Board was keen in the long term power generation plan, and they were to add power to the national grid through the 500MW Sampur plant at the end of 2017.

Senior engineers from the Trincomalee Power Company Limited (TPCL), and the sources from the CEB told The Sunday Leader that they won’t be in a position to kick start the project as planned due to financial barricades.

A TPCL official said both parties (CEB and NTPC) should be blamed for their lackadaisical attitude.

He said that with the ongoing resettlement in the area, related problems would be further aggravated. Citing examples he said, resettlement is in the corridor where coal transportation is going to be taking place which he termed would be a major problem.

He also said that following recommendations of the Central Environment Authority (CEA) after the Environmental Impact Assessment (EIA), all recommendations were submitted in June.

“After three months, the CEA comes out stating that two other specifications should be looked into. This time the letter was not from the CEA Director General, but from another division of the CEA. The DG during the last discussions in June agreed that we should go ahead without further delay. Legally they should have responded within 30 days, not after three months,” the official said.

However, he added that they had submitted their response for the latest queries as well.

The officials said if conditions are going to be scrapped to cut short the timeframe against the usual procedure, then the CEB should bear consequences.

Meanwhile, Ceylon Electricity Board Engineers Union (CEBEU) President Athula Wanniarachchi told The Sunday Leader the Indian government was influencing the Sri Lankan government continuously in last five to six years to accept unfavorable conditions in their agreements.

He said NTPC is pushing for low efficiency Indian machinery which may be lower than Chinese technology (compared to Norochcholai). From 1990, the CEBEU pushed for European or Japanese technology. It may be bit expensive initially, but it would benefit the country in the long run.

”We assume the NTPC is purposely delaying the implementation of the Sampur power plant until the CEB face a serious panic situation with a huge deficit of power, in which we have but to agree with any unfavorable conditions imposed by the NTPC”.

The union sources strongly believe that it is a strategic mistake to start a joint power plant with an Indian company. None of the countries in the subcontinent like Nepal, and Bangladesh have gained anything from the energy business with Indian companies.

CEBEU Chief also said that the Japan International Cooperation Agency (JICA) (or Japanese government) is willing to give a loan for a better plant, but unfortunately, the Sri Lanka government has not yet given a suitable land for the project.

He also said the CEBEU expects to educate and help the new government on this issue.

The TPCL is a joint venture company  – 50 per cent by the CEB and 50 per cent by the NTPC.

The TPCL is responsible for implementing and operating the proposed 250MWx2 coal power plant complex in Sampur. The estimated cost of the project is USD 512 million.

It will comprise two 250MW generators, the power of which will be transmitted to the national grid through high voltage transmission lines from Sampur via Habarana to the Veyangoda Grid Substation.

Use and import of asbestos controlled from 2018

 

Sep 08, 2016

A cabinet paper to control the use and import of asbestos from 2018 by adopting more beneficial substitutes and to prepare an operational program to prohibit asbestos related production from 2024 to improve the health of the public was presented by President Maithripala Sirisena in his capacity as Minister of Mahaweli Development and Environment and approved.

Asbestos is used for many products including roofing sheets, floor tiles, cement pipes, brake pads of vehicles, papers, and ropes.

From 1987 importation of blue Asbestos (Crocidolite) was prohibited as it was identified as a carcinogen by the WHO and at present all kinds of asbestos including white asbestos (Chrysotile) have been identified as carcinogens. About 80 percent of asbestos imported to Sri Lanka are used for roofing sheet production.
- http://news.lk -

Sordid saga of Wayamba Environmental Authority ended by Sirisena?

* Unbridled corruption over two decades alleged
* Loopholes in 13th amendment exploited
* Supreme Court misled
* Need for parliament to override provincial council statutes

(A picture of Norochcholai Coal Power Plant)

By C. A. Chandraprema-September 8, 2016

 

A website reported a recent incident which had simply gone over the heads of the mainline media; President Maithripala Sirisena had pulled up the Director of the controversial Wayamba Environmental Authority and after questioning him on the period he had served in that position and other matters, ordered the Chief Minister to transfer him out. The incident highlighted by the aforesaid website is not simply a case of a provincial government employee staying in one position for too long and doing you-know-what; it concerns a complicated matter of constitutional law in this country. Given the importance of the issue at stake, President Sirisena’s attempt to intervene in this matter should have hit the headlines, but it went virtually unnoticed. Almost everybody has heard of the Central Environmental Authority and its acronym CEA is well known.

But, very few people have heard of the Wayamba Environmental Authority or are even aware that the Wayamba province has its own environmental authority and that the CEA has no authority in that province thanks to the devolution of power. Furthermore, Wayamba is the only province that has its own environmental authority. Even the north does not have its own environmental authority. Many readers will be surprised to learn that the Norochcholai power plant (located in Wayamba) which gained much publicity as a possible environmental hazard has commenced operations without an Environmental Impact Assessment from the Central Environmental Authority. Even in India, coal powered thermal power plants have to be granted environmental certificates by the central government.

How did this situation come about and how is it that only the Wayamba province has its own environmental authority? More than a quarter of a century ago in 1990, the then UNP Chief Minister of the North Western Provincial Council Gamini Jayawickrema Perera decided to have a separate Environmental Authority for the North Western Province. Under the provisions of the 13th Amendment, ‘protection of the environment’ comes under the concurrent list of powers which fall under the purview of both the provincial councils and the government. According to Article 154G (5)(b) of the 13th Amendment, a provincial council can make statutes on any matter coming under the concurrent list ‘after such consultation with Parliament as it may consider appropriate in the circumstances of each case’. Conversely, according to Article 154G(5)(a) Parliament, too, can make laws on any subject coming under the concurrent list after consulting each and every provincial council as parliament ‘may consider appropriate’ on a case-by-case basis. The system is weighted against the government because the centre has to consult nine separate provincial councils and get the assent of them all whereas a province which wants to make statutes relating to a subject on the concurrent list has only to consult one parliament.

Parliamentary oversight

circumvented

After the NWPC drafted the ‘North Western Province Environmental Statute’ it was sent to Parliament for consultation. Parliament referred this to Standing Committee A for a report. Standing Committee A was at that time headed by Gamini Fonseka and had nine other members which included Vasudeva Nanayakkara and Dinesh Gunawardene. The conclusion that this parliamentary standing committee arrived at was that ‘there are many constitutional inconsistencies in the draft statute’ and that therefore parliament should send it to the president to be referred to the Supreme Court for clarification. When this draft statute was referred to them by Parliament, the Presidential Secretariat sought the views of the Attorney General on this matter and the opinion expressed by the AG was that parliament could not refer a draft statute of a provincial council to the president to be in turn referred to the Supreme Court but that it was the Governor of the Province who had to send such a statute to the President to be referred to the Supreme Court. So, the presidential secretariat wrote back to parliament saying that they had no authority under the Constitution to refer this draft statute to the Supreme Court.

Thus, the parliamentary consultative process with regard to the North Western Province Environmental Statute remained stalled. All this took place in 1990 and in this situation of gridlock, the NWP provincial administration went ahead and set up the Wayamba Environmental Authority under the North Western Environmental Statute No: 12 of 1990 and this institution was operational by the 1st July 1993. Since that time this institution has continued to exist amidst legal and administrative confusion. Even the Attorney General’s department was uncertain as to whether the North Western Environmental Statute had been legally passed. In a letter dated 5th August 1994, regarding the North Western Province Environmental Statute and the National Environmental Authority, the Attorney General wrote that ‘he presumes’ that the NWP Environmental Statute was passed in consultation with Parliament in which case, the National Environmental Act would be inoperative in the North Western Province. So, one year after the NWP Environmental Authority became operational, even the Attorney General’s Department was not really sure whether the NWP Environmental Statute had been passed in consultation with Parliament as required by the Constitution!

On 12 January 1995, Saman Senanayake, the Director of the NWP Environmental Authority admitted at a meeting with the Central Environmental Authority that they did not have the capacity to issue Environmental Protection Licences (EPL) and Environmental Impact Assessments (EIA) because of ‘lack of staff and technical expertise’ within the NWP Environmental Authority. Then it was decided that the Central Environmental Authority would issue EPLs and EIAs in the North Western Province as well until further notice. Nearly two years later, on 12 December 1996, the NWP Environmental Authority had a meeting with the then minister in charge of the subject of Environment, Srimani Athulathmudali, and here, too, emphasis was placed on building up the institutional capacity of the NWP Environmental Authority.

Govt. grovels before PC

Nobody seemed to know whether the NWP Environmental Authority was legally instituted, yet there was an ‘authority’ functioning with dubious legal status and with virtually no technical expertise or institutional capability to carry out the duties for which it was ostensibly established. The Central Environmental Authority could enter the NWP only on the sufferance of this dubious body. In the year 2000, the government wanted to pass an amendment to the National Environmental Act to among other things, stipulate punitive measures for those disposing of waste that could damage the environment without a valid licence and in accordance with the procedure laid out. Since the subject of environment was on the Concurrent List, Parliament had to consult each and every provincial council before this legislation could be passed. When the Bill that was to become the National Environmental (Amendment) Act No. 53 of 2000 was first sent to the NWPC, they threw it out.

The Secretary to the Ministry of Forestry and Environment then wrote to the Chief Minister of the NWPC pleading that the proposed national legislation would not have any impact on the NWP because there was a different Environmental Statute in force in the NWP. The grovelling worked and the NWPC gave their assent to the National Environmental (Amendment) Act No. 53 of 2000. Thus the North Western Provincial Council gave its assent to a law that would have effect everywhere else except the NWP! One would think that if a law is not applicable to a province, then they should have not have any role in either approving or rejecting that piece of legislation. But that is not how the 13th Amendment is drafted. According to Article 154G (5) (a) of the 13th Amendment, when parliament is enacting legislation in relation to a subject on the concurrent list, they have to consult ALL provincial councils regardless of whether the law they were enacting has any relevance to that particular province or not.

Be that as it may, the uncertainty as to whether the NWP Environmental Statute had been passed legally continued into the new millennium. On June 28, 2001, the Court of Appeal observed on an application made by an environmental NGO that in the event of a coal power plant being located in Norochcholai, the Chief Minister of the NWP would obtain an Environmental Impact Assessment from the Central Environmental Authority. There was no reference made to the NWP Environmental Authority. The Appeal Court probably thought quite correctly that the latter institution did not have the capacity to carry out such an assessment and hence the instruction to the NWP chief minister himself to seek CEA certification.

The question whether the NWP Environmental Authority was a legally constituted entity was not asserted by anybody with any degree of confidence until on the 18th May 2009, the Supreme Court in hearing a different case declared that according to a report submitted by Saman Senanayake, the process of ‘consulting’ Parliament had taken place and that the relevant Standing Committee of parliament had expressed the opinion that the Statute be accepted subject to certain inconsistencies between the Constitution and the statute being ironed out. The Supreme Court said that the inconsistencies had been removed in the statute that has been published in the gazette and that accordingly, the Supreme Court declared that the North Western Province Environmental statute No: 12 of 1990 had been constitutionally enacted by the Western Provincial Council and that therefore national environmental legislation did not apply to the NWP.

Though the Supreme Court declared that the Provincial Council Statute setting up the NWP Environmental Authority had been passed constitutionally, that was on the basis of a report submitted by the controversial Director of the Wayamba Environmental Authority himself – the very person reportedly pulled up by president Sirisena. The question arises as to what is meant by the term ‘consultation’ – whether it is merely ‘informing’ Parliament and not seeking its approval on matters relating to the concurrent list. The North Western Province Environmental Statute was referred to Parliament for consultation and the recommendation made by Standing Committee A of parliament was that it should be sent to the president to be forwarded for clarification from the Supreme Court because it had sections that were inconsistent with the constitution. This was all that Parliament did. Parliament never approved the NWP Environmental Statute. After being sent to the President, it was found that the president had no power to forward a provincial statute to the Supreme Court and that it was the Governor of that province who should refer it to the President to be sent to the Supreme Court for an opinion.

Salvation lies in Article 154G(9)

It’s now more than a quarter of a century since the NWP Environmental Authority started operations in a state of constitutional confusion. In the meantime, an improperly constituted body in the NWP with questionable technical expertise and resources is in charge of granting environmental approvals. Thus, it has come to pass that the Norochcholai power plant does not have Central Environmental Authority certification. As pointed out earlier, even in India, from where we are supposed to have borrowed our model of devolution, coal powered thermal power plants need environmental certification from the central government even though the states in India are bigger and have larger economies than many nations in the world. If anything goes wrong in the Norochcolai power plant it will affect the whole of Sri Lanka not just the NWP and this mega project has got off the ground without the CEA having assessed its environmental impact.

We have to be mindful of the fact that the only reason why other provinces have not followed the example of the NWP and had their own environmental authorities is because the controversy surrounding the NWP Environmental Authority has alerted parliament and the confusion that gave the NWP Environmental Authority the cover to commence operations is unlikely to be replicated. It is still too early to say whether President Maithripala Sirisena’s initiative to remove the controversial and long serving Director of the Wayamba Environmental Authority will have any effect. Those who are familiar with the issue say that if this controversial Director Saman Senanayake is removed and the files of the Wayamba Environmental Authority are handed over to the CEA, that will solve the problem.

The incumbent government which kicked out a sitting Chief Justice saying he had not been lawfully appointed should be able to do the same thing with much greater justification in the case of the NWP Environmental Authority. In the case of Mohan Peiris, this government has not yet explained in what way his appointment was irregular. Finding an answer to that question will have to wait for a change of government. However, in the case of this NWP Environmental Authority, the foregoing account shows that it was never properly constituted. That alone will be enough to dissolve the institution and bring its functions under the CEA. We hear that the long serving and controversial Director of the NWP Environmental Authority has been frantically canvassing his erstwhile bosses in the UNP including Gamini Jayawickrema Perera in a bid to prevent the dissolution of the NWP Environmental Authority.

This Saman Senanayake, described as a skilled operator, has managed to retain his position through six governments from the early 1990s to the present – an unparalleled feat. If even the president’s personal intervention in this matter does not work, the only alternative may be to invoke Article 154G (9) of the Constitution which states that where a provincial council makes laws that come into conflict with a pre-existing national law relating to a subject in the Concurrent List, the said national law will stand suspended in the province concerned. However, Parliament can by a resolution passed with a simple majority, override the new statute made by a provincial council and decree that the pre-existing national law will continue to be enforced in that province. If proper closure is to be brought to this sordid episode of the NWP Environmental Authority, perhaps the only real option may be to invoke Article 154G(9) of the Constitution.