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  • හිජාස් – අහ්නාෆ් නිදහස් කොට ප්‍රජාතන්ත්‍රවාදය සුරක්ෂිත කරන්න ! – විශ්වවිද්‍යාල ආචාර්ය – මහාචාර්යවරුන් 96 දෙනෙක් අවධාරණය කරති !
    යුක්තිය පසිඳලීම සඳහා කටයුතු කරන ආයතන පද්ධතිය පිළිබඳ ඇති විශ්වාසය තහවුරු කිරීම සඳහා ආණ්ඩුව කටයුතු කළ යුතු බවත්, අත්තනෝමතික ලෙස රඳවාගෙන සිටින හිජාස් හිස්බුල්ලා සහ අහ්නාෆ් ජසීම් නිදහස් කිරීම එහිදී තීරණාත්මක කරුණක් බවත් විශ්වවිද්‍යාල ආචාර්යවරුන් ප්‍රමුඛ ශාස්ත්‍රීය ප්‍රජාව අවධාරණය කර සිටී.
    මෙවැනි ප්‍රජාතන්ත්‍ර විරෝධී...
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  • හිජාස්ගේ නඩුව මාධ්‍යවේදීන්ට තහනම් කරයි !
    අත්අඩංගුවට ගෙන, රඳවා තබාගෙන සිටින නීතිඥ හිජාස් හිස්බුල්ලාට එරෙහි නඩුව පසුගිය 15 වැනිදා පුත්තලම මහාධිකරණයේදී පැවැති අවස්ථාවේදී මාධ්‍යවේදීන්ට එම නඩුව ආවරණය කිරීමට අවස්ථාව ලබා දී නැත.
    නිරෝධායන නීති නිසා වැඩි පිරිසක් අධිකරණ ශාලාව තුළට ගත නොහැකි බව පවසමින් මෙසේ මාධ්‍යවේදීන්ට ඊට ඇතුළු වීම පොලිසිය විසින් වළකනු ලැබ තිබේ.
    ඒ...
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  • Fmr STF Commandant Lattif appointed to SLC disciplinary committee
    Former STF Commandant Senior DIG (Rtd.)M.R. Lattif has been appointed to the disciplinary committee of the Sri Lanka Cricket Board. The SLC Executive Committee has appointed Lattif to the five-member committee headed by Ajith Weerasinghe. The other members of the committee are, Niroshan Perera, Nalinda Ilangakoon and Anura Chandrasiri.(DSB) https://www.dailymirror.lk/breaking_news/Fmr-STF-Commandant-Lattif-appointed-to-SLC-disciplinary-committee/108-215300   Please enable JavaScript to view the comments powered by Disqus.
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  • ’’අනාෆ් ජසීම්’’ මුදාහරින්නැයි ගොනු කළ පෙත්සමට විරෝධතා ගොනු කරන්න සති දෙකක්
    අත්අඩංගුවට ගෙන මාස 10 ක් තිස්සේ කිසිදු අධිකරණයකට ඉදිරිපත් නෙකර පොලිස් රැදවුම්බාරයේ රදවා තබා සිටින මුස්ලිම් ජාතික කවියකු වන අනාෆ් ජසීම් වහාම මුදාහරින ලෙස ඉල්ලා ගොනු කළ මූලික අයිතිවාසිකම් පෙත්සම සම්බන්ධයෙන් සීමිත විරෝධතා සති දෙකක් ඇතුළත ගොනු කරන්නැයි ශ්‍රේෂ්ඨාධිකරණය අද (06) නීතිපතිවරයාට නියෝග කළේය. සාහිත්‍යය නිර්මාණ හරහා...
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  • Contact Grama Niladhari to ensure your name in 2021 Electoral Register
    The Elections Commission requested people to contact the respective Grama Niladharis to include and ensure the name in the 2021 Electoral Register.

    It said the people could also check the inclusion of their names with the respective Grama Niladhari or to make alterations to the residences.

    "Only if your name isn't in the 2020 Register or if you want to change your residence, contact Grama Niladhari," the Elections Commission said.

    Also, people can check their name availability by visiting the Elections Commission website (www.elections.gov.lk). https://eservices.elections.gov.lk/myVoterRegistration01.aspx https://www.dailymirror.lk/latest_news/Contact-Grama-Niladhari-to-ensure-your-name-in-2021-Electoral-Register/342-215488 (Chaturanga Samarawickrama)     Please enable JavaScript to view the...
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  • නීතිඥ සංගමයෙන් ජනපතිට ලිපියක්
    (ඩයනා උදයංගනී සහ මනෝප්‍රිය ගුණසේකර) හිටපු පාර්ලිමේන්තු මන්ත්‍රී දුමින්ද සිල්වා මහතාට ජනාධිපති පොදු සමාව ලබාදීමේ දී ව්‍යවස්ථාව අනුව ලබාගත යුතු වාර්තා, උපදෙස් හා නිර්දේශ ලබාගත්තේ ද යන්න රටට හෙළි කරන්නැයි ජනාධිපතිවරයාගෙන් ඉල්ලා සිටින බව ශ්‍රී ලංකා නීතීඥ සංගමය නිවේදනයක් නිකුත් කරමින් කියා සිටී. ජනාධිපතිවරයාට එවැනි සමාවක්...
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  • “දුමින්ද සිල්වාට ජනාධිපති සමාව දීම අනුමත කරන්න බෑ’’
    හිටපු පාර්ලිමේන්තු මන්ත්‍රී දුමින්ද සිල්වා මහතාට ජනාධිපති සමාව ලබාදීමෙන් නීතියේ ආධිපත්‍යයට බලපෑමක් වන බවට ඇමරිකාවේ ශ්‍රී ලංකා තානාපතිනී ඇලයිනා බී. ටෙප්ලිට්ස් මහත්මිය ටුවිටර් පණිවුඩයක් නිකුත් කරමින් පවසා තිබේ. මිනීමැරුමක් සම්බන්ධයෙන් 2018 වසරේ ශ්‍රේෂ්ඨාධිකරණයෙන් දඩුවම් ලබාදුන් පුද්ගලයකු නිදහස් කිරීම අනුමත කළ නොහැකි...
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  • Lawyer says teachers were forced to implicate Hejaaz
    Two Fundamental Rights petitions filed on behalf of two teachers of the Al- Zuhriya Arabic College said that two teachers were forced by the Criminal Investigations Department to implicate Attorney-at-Law Hejaaz Hizbullah.

    The two petitions were filed by lawyer Erik Balasooriya was supported before the Supreme Court yesterday.

    M.A. Sumanthiran PC told the court that the two teachers had told their lawyer Balasooriya during a consultation held in the presence of two CID officers who had an audio recording device, that the officers had promised “leniency” if they implicate Hizbullah.

    “They were forced to implicate...
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  • හිජාස්ට විරුද්ධව සාක්කි දෙන්නැයි ගුරුවරුන් දෙදෙනකුට බල කරලා?
    June 1, 2021 මදුරංකුලියේ මද්‍රසා පාසලක ගුරුවරුන් දෙදෙනකු බව කියමින් අත්අඩංගුවට ගත් දෙදෙනා මූලික අයිතිවාසිකම් පෙත්සම් දෙකක් ගොනු කර ඇති බවත්, නීතීඥ හිජාස් හිස්බුල්ලා මහතාට එරෙහිව සාක්කි ලබා දෙන ලෙසට විමර්ශන නිලධාරීන් ඔවුන්ට...
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  • Detained Maulavis claim under pressure to frame Hejaaz
    Two Maulavis who have been arrested under the Prevention of Terrorism Act (PTA), have informed court through their lawyer that they are under pressure to frame human rights lawyer Hejaaz Hizbullah. Attorney-at-law Erick Balasooriya had filed a Fundamental Rights petition alleging that the two Maulavis are being coerced to frame Hizbullah. In the Petition, Balasooriya said the Moulavis do not know Hizbullah nor did they conduct any extremist teaching at the Al-Zuhriya madrasa. When the Moulavis were first produced before the Colombo Magistrates court yesterday, Balsooriya informed court that the Moulavis intend making a statements to him. The matter was thereafter transferred to the Fort Magistrates court. Meanwhile, President’s Counsel M.A. Sumanthiran who appeared before the Fort Magistrate on behalf of the two Maulavis today (Tuesday)...
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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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