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  • එක රටක් එක නීතියක් ගැසට්ටුවට කතෝලික රදගුරු සමුළුවෙන් නිවේදනයක්
    එක රටක්, එක නීතියක් සඳහා වූ ජනාධිපති කාර්ය සාධක බලකාය’ පත්කිරීමට අදාළ ගැසට් නිවේදනය අවලංගු කළ යුතු යැයි ශ්‍රී ලංකා කතෝලික රදගුරු සමුළුව නිවේදනයක් නිකුත් කරමින් පවසයි. එම ජනාධිපති කාර්ය සාධක බලකායේ මුල් පුටුවට පත්කළ අයගේ අතීත වාර්තා කිසිවක් අවධානයට ලක්නොකිරීම නිසා තුවාලවලට අපහාසයක් කර තිබෙන බව ද එම නිවේදනයේ සඳහන් වේ. ශ්‍රී...
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  • REGARDING THE ESTABLISHMENT OF THE PRESIDENTIAL TASK FORCE FOR ONE COUNTRY, ONE LAW
    Ref: ACJU/NGS/2021/239 29th of October 2021 We are shocked and dismayed by the establishment of the ‘Presidential Task Force for One Country, One Law’ under the leadership of a controversial individual. This topic has been in public discussion in the recent past. We, the citizens of Democratic Socialist Republic of Sri Lanka, have been living for many centuries as one country and one Nation, with our individual, cultural, religious laws and identities under the protection of one Sri Lankan constitution. We express our disappointment on the appointment of a controversial individual for a responsible position, who is known for inciting disharmony within different religious and ethnic communities, especially hurting the religious sentiments of the Muslim community, in spite of the presence of many legal and religious leaders who are...
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  • Sri Lanka 'One Country - One Law' | Inside Story
    https://www.youtube.com/watch?v=-aPxn5Wfk-4     Please enable JavaScript to view the comments powered by Disqus.
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  • Appointing PTF headed by Gnanasara Thera: CPA urges Govt. to revoke gazette
    The Centre for Policy Alternatives (CPA) yesterday urged the government to immediately rescind the relevant Gazette notification to appoint a Presidential Task Force (PTF) mandated to implement the ‘One Country, One Law’ concept, chaired by Ven. Galagoda Aththe Gnanasara Thera. Issuing a statement the CPA stated that it was deeply shocked and disturbed by the appointment of the latest PTF mandated to implement the ‘One Country, One Law’ concept, including the drafting of a law to give effect to it, headed by Gnanasara Thero. The CPA stated appointment of the Task Force at a time of unprecedented economic hardships and unraveling of government policies raises a plethora of questions including the compounding of a culture of governance by task forces, the promotion of divisive Buddhist clergy linked to incitement of violence and attacks...
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  • Suspect tells Magistrate he was tortured to implicate Hejaaz Hizbullah
    The Coordinator of Save the Pearls organization Mohamed Sulthan has informed the Fort Magistrate's Court that he was tortured in order to implicate Attorney-at-law Hejaaz Hizbullah. Making a statement in person and through his lawyer,  Sulthan informed the Court of the torture and named three officers of the Terrorist Investigations Department as his torturers. He was arrested for allegedly teaching extremism at a Madrasa school. He made these revelations on the first day he was produced before Colombo Fort Magistrate Priyantha Liyanage after the completion of 18 months detention period. On his production, suspect Sultan informed the Magistrate through his Counsel that he had been severely assaulted and tortured  by TID officers following his arrest 18 months ago. On being asked by Court if he knew the names of the officers,...
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  • ‘‘තමන් වැරැදිකාරයන් නොවෙයි නම් පරීක්ෂණවලට ඉඩ දෙන්න‘‘
    (පුෂ්පකුමාර මල්ලවආරච්චි) තමන් මේ කුමන්ත්‍රණය පිටිපස්සේ හිටියේ නැත්නම් වැරදිකාරයන් නෙවෙයි නම් පරීක්ෂණ කරන්න ඉඩ දෙන්න ඕනෑ. බය වෙන්න ඕන නැහැ. ජනාධිපති කොමිසම් වාර්තාව පැහැදිලිව කියා තියෙන දේවල් තෝර තෝර ඉන්නේ ඇයි. මේ අයට මොකක් හරි හංගන්න තියෙනවා. රහසක් තියෙනවා  යැයි මැල්කම් කාදිනල් රංජිත් අගරදගුරු තුමෝ පවසති. පාස්කුදා ප්‍රහාරය...
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  • Those who used it to capture power won’t stay long: Cardinal
    Those who used the Easter Sunday mayhem to come to power will not be able to stay in power for long if they are a part of it, Archbishop of Colombo His Eminence Cardinal Malcolm Ranjith said yesterday. Cardinal Ranjith who was speaking at a service held to mark the 30th month since the gruesome suicide attack said it has become a curse as no one can live happily today while many are unable to earn a living. "It looks like Sri Lanka is suffering from that curse since the Easter Sunday bomb attack as no one can live happily earning whatever they can while those who are in power find it difficult to run the country. Those who came to power using the Easter Sunday attacks will not be able to hold on to power for long," Cardinal Ranjith said. "We sometimes wonder whether those who rule the country today are also stakeholders of the Easter Sunday...
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  • බොදු බල සේනා සංවිධානය විසින් 2021.09.20 දිනයේදී නිකුත් කරන ලද මාධ්‍යය නිවේදනය පිළිබඳවයි
    යොමු අංකය : ACJU/NGS/2021/210

    2021 සැප්තැම්බර් මස 22 වෙනිදා

    මෑතකදී පවත්වන ලද මාධ්‍යය සාකච්ඡාවකදී රාජකීය පණ්ඩිත ඥානසාර හිමියන් විසින් සිදුකරනු ලැබූ ආගමික අපහාසය සම්බන්ධයෙන් බොදු බල සේනා සංවිධානය විසින් නිකුත් කොට ඇති මාධ්‍යය නිවේදනය පිළිබඳව අප ඉමහත් විමතියට පත්ව ඇත්තෙමු. එහිදී ගලගොඩඅත්තේ ඥානසාර හිමියන් විසින් සැබැවින්ම බරපතළ...
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  • Justice for Hejaaz
    Frequently Asked Questions on Hejaaz Hizbullah Who is Hejaaz? Hejaaz Hizbullah is a prominent young lawyer and activist. After a stellar career at S. Thomas’ College, Mt. Lavinia and the Sri Lanka Law College—where he excelled in debating, moot court and represented Sri Lanka’s senior men’s waterpolo team—Hejaaz took oaths as a lawyer and joined the Attorney General’s Department. Since leaving the Department, he gained prominence as a bold and effective lawyer, taking on controversial commercial and constitutional cases. Besides his regular work, he also appeared pro bono in a number of cases involving minority rights and constitutional law, the most notable of which was his appearance for an Election Commissioner in the ‘Constitutional Coup’ case in October 2018. Hejaaz was also involved in activism...
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  • ‘‘ස්වාධිනව කටයුතු කරන් බෑ: තනතුරින් යනවා‘‘
    (විනීතා එම් ගමගේ)

    පාරිභෝගික සේවා අධිකාරියේ අධ්‍යක්ෂ ජනරාල් තුෂාන් ගුණවර්ධන මහතා සිය තනතුරෙන් ඉල්ලා අස් වීමට තීරණය කර ඇත.

    සිය ඉල්ලා අස්වීමේ ලිපිය පාරිභෝගික සේවා පිළිබඳ රාජ්‍ය අමාත්‍ය ලසන්ත අලගියවන්න මහතාට ලබන අඟහරුවාදා භාරදීමට තීරණය කළ බව තුෂාන් ගුණවර්ධන මහතා ලංකාදීපයට පැවැසීය.

    දිගින් දිගටම එල්ලවන දේශපාලන...
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Analysing Sumanthiran: A Reality Check On Hejaaz, Muslim Politicians & Lawyers

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On 09/12/2020, at the Committee Stage Debate in the Parliament on the Appropriation (2021) Bill, Honourable Member of Parliament Mr. M.A. Sumanthiran made some terse remarks given the limited time allotted to him.
He justified the need for an international inquiry and international judicial process to look into serious crimes committed in this country which has an impact on international law. In order to drive home his point, he alluded to several instances and, euphemistically made reference to the “depths to which your judicial system has sunk”. As a recent example he cited Mr. Hejaaz Hizbullah, an Attorney at Law who is currently in detention. Mr. M.A. Sumanthiran said, “a brilliant young lawyer denied justice for eight months. All kinds of false allegations were made against him.”  Further, he drew attention to the fact that if there were any grounds for prosecution, they should have filed charges against him. The Opposition Member of Parliament questioned the Minister of Justice Mr. Ali Sabry “what were you doing for eight months?”  
Voicing concern over the sacrosanct Attorney/Client communication, he pointed out that two of the client briefs of Attorney Mr. Hejaaz Hisbullah were taken away. He also deplored the fact that Hejaaz had not been given proper access to his lawyer. Mr. Sumanthiran then emphatically asked the million-dollar question, “if you treat a lawyer like that how do we expect you to treat anybody else?”

Silencing The Voice

Like Mr. Sumanthiran not many Muslim politicians dare to express themselves in Parliament. One may question, why not? The answer is in the lack of cohesiveness between the Muslim politicians, at least on matters of common interest. It is very rare. Some are gagged by the influence of external factors, political slavery. Ironically, among them are also those probably not really aware why the hell they are sitting in Parliament – day dreaming!  
As for the handful of the handful who wish to speak, the moment they do say something relating to the detention of Hejaaz and the many others or on any matter relating to the Easter Sunday attack, they would be accused of aiding and abetting extremism. Many government members in Parliament, deliberately do not allow the person to speak by drowning his voice with louder noise of interruptions and unruly behaviour.

Hot on the heels of such accusations are the notorious spin doctors, the media. They would build up a misleading or deceptive story incriminating the politician to create a negative impact of that person. Other vested interests, in this grand agenda, would pick it up from there and give their own interpretation, modify and reframe the allegations exacerbating the negative public opinion created. By this method the voice of the few who have the nerve to speak are often silenced or overwhelmed by disturbance. Freedom of expression, leave alone outside the Parliament, even under the Parliamentary Privileges has been stultified in our august assembly by vested interests.

Psychological Torture
Mr. Hejaaz Hizbullah is not alone. Like him there are so many others under detention orders unable to make sense of what is in store for them. Neither charged nor released, they are in a continuous state of suspense. Just like a live bird in a skewer over fire.  It does not want to die burning but, yet, it does not have the freedom to fly away. This state of affairs naturally causes much anxiety and depression not only to those who are detained in this manner but also to the near and dear ones. This is plain and simple mental torture violating the fundamental right against torture enshrined in the constitution besides the international ratifications.

(1) The Charter of the United Nations in relation to obligation of States under the Charter states in Article 55 (c):

“universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion.”

(2) The United Nations Universal Declaration of Human Rights 1948 banning torture mentions in Article 5:

“No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.”

(3) The ban is further enshrined in Article 7 of the International Covenant on Civil and Political Rights:

“No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.”

(4) The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment adopted in 1984 defines torture, in Article 1.1:

“For the purposes of this Convention, the term “torture” means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person …”

Article 2.2

“No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture.”

The infamous PTA

The infamous and dreaded Prevention of Terrorism (Temporary Provisions) Act, No. 48 of 1979 as amended provides the legality for such incarceration. The PTA was a law enacted to prevent terrorism but it is alleged that many people with no connection to terrorism have been arrested and detained under its provisions.  

Imagine the sorry predicament of an Attorney who is supposed to work for the advancement of civil liberties, fearing for his own civil liberty.  Is it something to laugh at or a signification of a continuously corroding system? The constant reminder of what happened to Hejaaz hangs like the Sword of Damocles over the head of Muslim lawyers. They were in other words indirectly pressurized into silence except for some selected Attorneys. Who would want to face the situation that Hejaaz Hizbullah is in? This form of pressure is not sustainable because with the passage of time, people do bounce back when the level of tolerance is exceeded.

Fear Psychosis At Work – Lawyers

With the arrest of Hejaaz, the Muslims lawyers felt an unprecedented sense of insecurity in their professional and personal life. Such was the threat of the PTA and its tool of unpredictable detention. Members of the legal profession are supposed to be in a privileged status because they are part of ‘the administration of justice and essential for the maintenance of law and order and the preservation and advancement of civil liberties and the maintenance in general of the rule of law’. (Professional Ethics, A.R.B. Amerasinghe, Page 43)

We also witnessed the most unfortunate split among lawyers on the matter of Hejaaz. Can it be considered fair if the public questions the depth to which the legal profession has sunk. (See: Gota’s ‘Sinhala-only’ lawyers mount offensive to keep Attorney Hejaaz Hizbullah in illegal detention, Colombo Telegraph: 02/05/2020).

Such unprofessionalism was openly noticed among some of the doctors too, who failed to speak out on Dr. Shafi’s issue, the so called ‘wanda pethi’ and so many other stupidest allegations made.

It is a shame to see professionalism being a pawn to racism and racist agendas. Professional ethics and conduct demand a level higher than the conduct of an average person. “The legal profession has a responsibility to ensure that its guiding principles are conceived in the public interest and not in furtherance of parochial or self-interest concerns of the Bar and its members.” (ibid, Page 43).

Unaware of the pressure, limitations and fear that had mentally terrorised most of the Muslim lawyers, the Muslim community was often accusing the Muslims lawyers for maintaining silence at times they were supposed to speak out.

In the words of Crampton J. in Rex v. O’Connell:

“This court in which we sit is a temple of justice; and the advocate at the bar, as well as the judges upon the benches, are equally ministers in that temple. The object of all equally should be the attainment of justice; now justice is to be reached through the ascertainment of the truth…”

It is time that the legal fraternity get their act together and function in furtherance of justice, equity and fairness. Let the lawyers stand up as true and good professionals and be an example to other professions as well. The Bar Association of Sri Lanka as the premier institution of the legal profession may have a major role to play in this area o

https://www.colombotelegraph.com/index.php/analysing-sumanthiran-a-reality-check-on-hejaaz-muslim-politicians-lawyers/

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