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Hejaaz Detention: Fort Magistrate Orders CID To Submit All Statements Obtained In Investigations



Following submissions by Defence Counsel that the Criminal Investigations Department is selectively reporting facts to the Magistrate in order to malign Hejaaz Hizbullah, Fort Magistrate today ordered the Criminal Investigations Department to submit a report of all statements obtained by them from persons relating to the investigations of Hizbullah.
When the case was taken up today. Counsel for the Defence informed Court that the Criminal Investigations Department had obtained statements from all persons of the Save the Pearls Charity and the Teachers and Board of Management of the Al-Zuhriya Madarasa.

However, none of those statements had been produced to date.
They said that the statements would reveal that all the allegations made by the CID are a fabrication and were made in order to malign Hizbullah and that the suppression of those statements is because it would vindicate Hizbullah of the charges against him.

Magistrate Ranga Dissanayake ordered to submit a comprehensive report containing all statements made by persons in the investigations related to Hizbullah.

Earlier the Magistrate also ordered the CID to submit a report on the investigations into how confidential statements were leaked to the media. Two confidential statements made by children had been leaked to the media and the Magistrate ordered an investigations as to how these statements were leaked when they were made only to him.
The Western Province DIG failed to submit any report on the investigations today after which the Magistrate made order to submit the report.

Hejaaz Hizbullah a prominent Lawyer was arrest on the 14th of April 2020, under the Prevention of Terrorism Act. The Criminal Investigations Department filed reports stating that children of the Al-Zuhriya Madrasa to whom Save the Pearls – a charity in which Hizbullah was the President – had said that they were given weapons training.

The Children with their parents filed Complaints to the Human Rights Commission and the Supreme Court alleging that they were coerced into giving statements after being taken alone without their parents throughout a period of 3 days, from dawn to dusk.

https://www.colombotelegraph.com/index.php/hejaaz-detention-fort-magistrate-orders-cid-to-submit-all-statements-obtained-in-investigations/

 

Hejaaz Hizbullah: Symptom and symbol

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  • What made him more enigmatic was that unlike most others in his profession who shield their lives beneath a calm facade, he taught exceptionally well
  • Apparently he called the Easter attackers “fools who died as fools.” I can picture Hejaaz saying that

 

There’s an image of Hejaaz Hizbullah I return to over and over again. It’s an image of him holding a placard at a protest in 2018. The placard reads, “Asilachaara parliamenthuwak wenuwata seelachara parliamenthuwak” (“A cultured parliament in place of an uncultured parliament”). The reason why it resonates with me is that, even in the ecstatic way he holds it, he is quite unlike the Hejaaz Hizbullah I once knew. But then I realise that the Hejaaz I once knew couldn’t have been the real guy. 
I first encountered the man in 2013 at my law school. He didn’t lecture us until two years later, in our third year. It would be quite unbecoming of me to say he exuded a critical, even dispassionate, distance between himself and his students. But say it I will. Hejaaz never seemed to get emotionally involved with what he taught. He came, he lectured, he made sure we understood what he said, and he left. I never saw him thereafter, not even at the many functions and events organised by my law school. At first, and for years afterwards, I assumed he was too busy with his practice to think of life outside lecture halls and chambers and courts. I couldn’t have been more wrong about a person.  


Hejaaz was the most enigmatic lecturer I ever came across. What made him more enigmatic was that unlike most others in his profession who shield their lives beneath a calm facade, he taught exceptionally well. Lecturers resort to secrecy because they know they’re not good enough, and know that their students know. Not this lecturer. That could mean only one thing. He was so deeply committed to his other lives that he couldn’t let those other lives interfere with this one. Underneath that dispassionate smile and frown, then, there was another man. A good man.  
I gradually realised that in addition to his practice and his activism, he was also a writer. At the time I was sitting for my A Levels in 2011, he wrote a particularly well thought out piece on the issue of the burka ban in France. Bizarrely enough, his stance on the problem – back when burkas and the identity of Muslim women and men were spreading like wildfire throughout Europe – coincided with the views of the very same Sinhala Buddhist nationalist crowd that demonises him as a terrorist sympathiser today. No less an articulator of this ideology than Professor Nalin de Silva said that the burka ban made clear the identity crisis in Western civilisation: in its quest to balance the demands of a White Christian majority and the reality of multiculturalism, Europe was imposing restrictions on displays of Muslim identity under the convenient excuse of “emancipating” Muslim women
When burkas and the identity of Muslim women and men were spreading like wildfire throughout Europe – coincided with the views of the very same Sinhala Buddhist nationalist crowd that demonises him as a terrorist sympathiser today


Hejaaz underscored this point a year later in a piece on the controversial anti-Islamic short documentary, Innocence of Muslims: “Even in the way the West defines free speech, it is not an unfettered, untrammelled absolute right. It is pegged in and restricted. Under the standard narrative, in deciding whether to decree something as free speech or not, there is a need to balance competing considerations but when it comes to Muslims, what we see is not a balance but really a bias. There are examples a plenty.” Now this is just about the same point Nalin de Silva and the Jathika Chintanaya have been making in column after column. It is a point I agree with and it couldn’t be any more correct.  
All that, however, is peripheral to my main point. More than Hejaaz’s arrest, which raises concerns that I, as a mere law student, am neither qualified nor able to address or assess, what distresses me is that infamous “court of public opinion” which automatically deems him a terrorist supporter and financier. When did “innocent until proven guilty” jump out of the window, reduced to an empty, meaningless phrase?  


I would dare to call Hejaaz a reminder of a generation of educated, progressive Sri Lankan Muslims, whose stand on communalism of all forms attracts ire from extremists and praise from moderates. Apparently he called the Easter attackers “fools who died as fools.” I can picture Hejaaz saying that. It was in him. It couldn’t have been anyone else. Certainly not any of the mainstream Muslim MPs we have today.  


I have seen the moderate Muslim, and I know in retrospect that he or she is a more complex human being than what either side of the divide prefers to see. The moderate Muslim is not necessarily opposed to burkas, but neither is he or she with those who wish to radicalize the Muslim population in the country by emphasising on Muslim-ness as opposed to Sri Lankan-ness. The moderate Muslim is opposed to the little Arabias that sprang up in the East of this country, under the watch NOT of a minority party but of a UPFA Muslim MP, but he or she is just as fervently opposed to those who try to make it out that this, somehow, represents the entirety of the Muslim race in the country. The moderate Muslim is seen as fitting a specific stereotype: he or she is invariably English educated, middle class, fluent in Sinhala and not just in Tamil, and outspoken against Islamisation. In many cases, this is true. Certainly, it is true of the St.Thomas’ educated, bilingual, and outspoken Hejaaz Hizbullah. But even then, they are not willing to concede to their own stereotype.  
Indeed, you’d be surprised to know that the same man demonised as a terrorist today wrote the following at the height of the halal (non-)issue in 2013:  


‘Who needs ‘halaal’ certification? It’s certainly not the Muslim consumer, but the businesses that crave for halaal recognition. I say this because there was a time before [the] halaal certification. Even then there were brands that had established consumer goodwill and trust to the effect that their products were ‘halaal’... To those thinking only in religious terms, ‘new’ translates often to ‘non-Muslim’ as Muslim businesses find it easier to establish consumer goodwill even without [the] certification.So as a Muslim consumer, the future of halaal certification does not trouble me.”


Extremist? Jihadist? Al-Qaeda supporter? Hardly.  


I think Hejaaz’s arrest is a symptom and symbol, of a great many among us who are ready to throw stones, swords, knives, and daggers at anyone suspected of something, anything. But even a cursory examination of the man’s record should, as it will, confirm that the values he has purported to stand for are at odds with their image of him.  



I think Hejaaz’s arrest is a symptom and symbol, of a great many among us who are ready to throw stones, swords, knives, and daggers at anyone suspected of something, anything


It is pointless, as certain commentators tend to do, to throw stones at and cast aspersions on this administration. Hejaaz Hizbullah’s arrest was made under the present regime a year after Dr Shafi’s arrest under a regime led by the now Opposition. Who’s kidding who here, if all we do is trace the contours of racism to a particular government without realising, and of course conceding, that this is an institutional (and institutionalised) problem? These arrests have already been validated, by a crowd only too eager to portray even the most moderate of moderates as villains of the piece. It’s all scripted. The players need only take their places. Hejaaz certainly has. And so have many of us.  


It didn’t have to be this way.


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http://www.dailymirror.lk/news-features/Hejaaz-Hizbullah-Symptom-and-symbol/131-194468

 

Niqab Ban In France Violates Human Rights Of Muslim Women: UN Human Rights Committee

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The United Nations Human Rights Committee said France’s niqab ban violates the human rights of Muslim women and risks “confining them to their homes.”

Women in France can be fined up to 150 euros for wearing the niqab, a full-face veil with an opening for the eyes, under a law that came into effect in 2011.

The committee said two women fined for wearing the full-face Islamic veils should be compensated and it called on France to review its controversial 2010 law banning the garment.

“The French law disproportionately harmed the petitioners’ right to manifest their religious beliefs,” the committee said in a statement, adding that France had not adequately explained the need for the ban.

“The Committee was not persuaded by France’s claim that a ban on face covering was necessary and proportionate from a security standpoint or for attaining the goal of ‘living together’ in society,” they said.

They added that the ban, “rather than protecting fully veiled women, could have the opposite effect of confining them to their homes, impeding their access to public services and marginalizing them.”

   

Rathana At It Again; ACJU Is The Punching Bag For Everyone

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By Mass L. Usuf

Mass Usuf

Let this column begin with a Disclaimer. It is only an analysis and the writer is not holding a brief to defend or protect the All Ceylon Jamiyathul Ulema (ACJU). The ACJU has been functioning as an organisation for nearly 100 years. It was established circa 1924. As such it is not just another mushroom religious body and it consists of erudite persons with Islamic scholarship. It is interesting to note that there is no priesthood as such in Islam. Therefore, overlordship of man over man, in any form, be it religious or otherwise, is never a part of the teachings of Islam.

The ACJU has been targeted in two different ways. Firstly, by some members within the Muslim community. The Muslim bashing is mostly aimed at its leader. In the generic sense no human is perfect. The varying values of imperfection applies to a Leader too. After all a Leader is also a human and logically, cannot be perfect. We have seen how leaders conduct themselves, the levels of efficiency, the extent of corruption and so on. Having said that, it is also important to highlight that every Leader carries certain responsibilities that defines a good leadership. Moreover, a leader is burdened with the task of delivering on the expectations of those who accept him as a leader. Anyway, this is a personal matter and outside the scope of this column.

The second attack is mounted against the organisation itself. This is mainly spearheaded by the extreme right politicians and racist elements with the support of monks in many instances. Their ‘offensives’, unfortunately so called, since they are indeed offensives, are not aimed at achieving some principled objective or to advocate a cause via rational argument. Far from these, the apparent aim is to intimidate, create a fear psychosis, hatred and through this inculcate violence.

ACJU Is Fair Game

Democratic institutions among others are based on the epithet ‘Equality’. This equality is in relation to the citizens of the country. When equality is offended or disturbed by whatever force, it naturally results in conflict. The force that is guilty of violating this principle will continue doing so and those who had been deprived of equality will struggle to reinstate it. The imbalance caused by this inequality reflects on all strata of societal life.

In this context, when examining the effect of the vitriolic diatribe against ACJU, the hallmarks of a divisive society is clearly exposed. In fact, no other religious organisation has been abused in this country in the way ACJU has been battered. Each offensive rains down on ACJU spurious, unsubstantiated and unfounded allegations. The ACJU has been accused at different times as extremists, supporters of terrorism, striving to make Sri Lanka a Muslim country, surreptitiously introducing sharia law and such other fanciful and highly imaginative allegations. These are well timed and choreographed with a careful selection of words and terminologies which appeal to the feelings of the people and combining these with phrases which can easily excite their sensitivities.

The recurrence of this exercise at intervals exposes one more thing and that is the character of the people who engage in this vanity. Such people are not patriots, true nationalists and in the context of monks, the impression is that they have deviated from the teachings of Buddha.

Free Entertainment


Without any prejudice compare the noise that was made by the media, politicians and monks over the statement of Mr. Harin Fernando, former Member of Parliament about His Eminence Cardinal Malcolm Ranjith. Even the Auxiliary Bishops of Colombo together with the Catholic Clergy of the Archdiocese of Colombo issued a statement expressing their grave concern.

Let us examine another perspective. Whether one likes it or not Mr. Mangala Samaraweera former Member of Parliament is one person who does not hypocritically mix words when he articulates his disgust towards the conduct of certain monks. Irrespective of the veracity of what he says about some notorious monks the media, politicians and monks all have a field day casting aspersion on him and defending the monks.

Empirical observation reveals that most of the times it is the ethno-nationalists, extreme right politicians and politically bankrupt monks who engage in this game. They are providing free entertainment to many who are able to differentiate the chaff from the grain. The danger is that the majority of the people buy into these accusations and develop within them indoctrinated fear. This fear can easily be transformed into developing hate and resulting violence.

Enter The Dragon

Recently Athuraliye Rathana Thero appears to have had a bout of verbal diarrhoea which figuratively stinks. According to the general perception of the public, the government is not interested in him and therefore, he has been marginalised. The talk of the town is that he has passed the political ‘expiry date’ and is now desperately struggling to maintain his presence in the arena. Given the political climate the best choice for him is to throw a few punches at the ACJU. After all, anything against the Muslims is fair game these days especially for the racist monks.

I am reminded of a scene in the picture ‘Enter the Dragon’ (I assume) where an opponent of Bruce Lee, in the tournament ring, holds a wooden board and breaks it with a karate stroke in a display of power. Bruce Lee calmly responded saying, “Wooden boards do not hit back”. Venerable Athuraliye Rathana Thero knows very well that his punching bag (ACJU) also will not hit back. Moreover, unlike for His Eminence The Cardinal and for certain monks there is no media, politicians and monks who would come forward to speak on behalf of ACJU.

Polowa Pelena Boru

The fourth precept (sila) in Buddhism involves falsehood “musāvāda,”. More broadly it encompasses all forms of wrongful or harmful speech. As explained by the respected venerables, this would mean speech that is harsh, untruthful, motivated by greed or hatred, or otherwise connected with harm. Misleading arguments, verbal bullying, incitements to violence, rage, outbursts, malicious ridicule, and poorly worded statements that cause pain without benefit.

The recent statements of Rathana Thero against the ACJU which are unfounded or unsubstantiated can be connected with most of the above extensions of the pali word, “musāvāda”. What lies? Or, in Sinhala the common adage, “Polowa pelena boru”. Worst of all coming from the mouth of a monk violating the precept that he utters; wonder how many times for a day. This time the accusation, among several others, is that the ACJU has advised all Muslims to boycott Sampath Bank. Liar! Liar! Pants On Fire. The ACJU had never given any such advice and promptly issued a statement refuting this heinous accusation. See ACJU letter below:




 


 

The Most Abused Sila

The extent to which the fourth sila is abused is abominable. Especially, in a country where the five precepts are repeated so many times each day over the radio, on TV, in the temples, in every junction of the roads. And, that too, when the utterers of such lowly abuse are the monks the abomination becomes simply unbearable. It is unpleasant and it is unbecoming of anyone who has enrobed himself to indulge in lies. The monks are supposed to be the paragons of virtue. It is them that the laity looks upon with veneration since they have adopted the path of the buddha. It is the monks who teach the lay people the way of the buddha. When they fail to stand up or do not put into practice what they preach it is disappointing. Of course, this does not include the respectable monks.

The curse of pseudo religious and racist rhetoric most of the times fuelled by a false sense of nationalism are the enemies of this country. They are a threat to national security. These deceivers have to be stopped and they can be stopped only by the civic minded citizens of this country. This means you and me. Thank God, there still remains a large contingent of those who detest the dramatics of these opportunistic and pretentious patriots.

Abandoning false speech

Abandoning divisive speech

Abandoning abusive speech

Abandoning idle chatter

“This is how one is made pure in four ways by verbal action.”

— Anguttara Nikaya 10.176

Is it not time that the law-abiding citizens make the voice of their dissatisfaction be heard over this continuing state of affairs? What moral values are we going to leave behind for our children?

https://www.colombotelegraph.com/index.php/rathana-at-it-again-acju-is-the-punching-bag-for-everyone/

 

Democracy Threatened: Impunity, Political Patronage & Rollback Of Devolution

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By S. Ratnajeevan H. Hoole

R. Sasilan: Assistant Commissioner of Elections

Today we are opening new living quarters for our Election Commission’s man-in-charge in Batticaloa. I am so glad because R. Sasilan is a man I am proud of. He stands up for what is right without fear or favor. When a minister distributed gifts in elections some years ago, he confiscated a gift pack and filed a complaint with the police. The police, as often happens, disappeared the evidence. Sasilan sent a report to the Commission and that too disappeared. When I inquired, I was told untruthfully that he never reported it. Sasilan has what it takes to be a good officer. His experience also shows the challenges of office: fear of and the need to please the political authorities who recently just ahead of elections transferred new GAs to key electoral districts.

Our franchise is safeguarded by people like Sasilan. May these quarters give comfort to those who come to live here, safeguarding our franchise instead of to promote themselves by service to political authorities.

SLAS: SL Administrative Service or SL Association of Schemers?

Sasilan’s experience shows the triple challenges faced by election officials: impunity (on which I have written much and will not touch on here), political pressure, and threats to distributed power. As for political pressure, as you know the COVID curfews were mysteriously announced lifted on 19 April to clear the way for elections, a day after Defence-Secretary Kamal Gunaratne stated firmly that until COVID is curbed, curfew cannot be lifted. Now the 100 limit on political meetings is increased. The relevant gazette is delayed. Science services political authority.

When the Colombo Returning Office had a Facebook post calling a Presidential candidate the son of a donkey, an inquiry was held. The inquiry was scheduled for 5 pm, I left the Commission after 5:30 pm when the meeting was not convened. The delay was that one officer was drunk. They met very late and declared that the RO had a new telephone, he was reading someone else’s post, his finger slipped on the polished screen, and that got posted as his. Not even a child would believe what the SLAS officers and an IT expert proffered as an excuse. I perceived a need not to find anything against a fellow SLAS officer. After the elections, the man retired and sought nomination from the ruling party. Impunity!

Today we have a situation where an RO was brought at the last minute to a big district. Gifts given for those without work under COVID came to the Kachcheri. These went to an MP who distributed them as if they are from him. There is a photo from his Facebook where his youth leader gives the package from a GS office. The furniture stock marks identify the office. An inquiry had to be launched.

SLAS officers were the inquirers. The pickup from the Disaster Management Service was tracked by the GPS showing that the vehicle running charts are cooked up. It had stopped at a home for long periods where the contributions were offloaded on the relevant days (13-19 April). It had not gone to the Divisional Secretary’s office as claimed. The GA/District Secretary claimed he had given the goods to an Additional GA with correct instructions and certified that the distribution was perfectly done. The Additional GA claimed he had distributed the goods as instructed by the GA. The Accountant of the Divisional Secretariat where the gifts were claimed to have been given, testified that nothing was given there. The beneficiary list given by the GA’s office was clearly cooked up and duplicated pages with beneficiary signatures not matching the signatory’s names.

 

The inquirers did not dare to question the driver who asked him to go to the unauthorized places. They claimed to lack the capacity to ask the alleged beneficiaries who they were told the donor is. They claimed to lack the capacity to check the Facebook photo claiming the goods were from an MP. No one asked the GA how he certified distribution as he instructed.

The SLAS inquiry team cleared the GA claiming there was no evidence against him (although he certified that the distribution was properly done) and that he had handed over everything properly to the Additional GA. The Inquirers did not want to let down a political corrupt RO on whose reputation the electoral system hangs.

Democracy in Danger: Threat to Distributing Power

Our franchise is in danger. One source is the SLAS itself whose structure upholds authority and impunity. The other is rolling back devolution of powers from which we have all benefitted, including the Election Commission where three members have replaced the one Commissioner. This permits greater role for dissent and alternative voices. I will focus on the distribution of power for lack of time.

Imagine Sri Lanka is one electorate. The majority will win most of the seats. It is in recognizing that different peoples have different needs to articulate, that we have several electorates to send different representatives knowing the needs of each electorate. Similarly, we have multi-member seats to allow, say Muslims to be able to return a Muslim MP in a Tamil majority electorate. The Provincial Councils are a boon to truly representative democracy. What has happened to them is like what happened to a friend’s Volkswagen Beetle when I went with him to a mechanic’s. The foot board was rusty. The mechanic kicked it hard and broke it. Then he said, “See. It needs fixing.”

Likewise, the Provincial Councils have problems. We need to fix them without breaking them.

In my LLRC testimony, I argued for a united but federal Sri Lanka. I have three daughters and a son. They are all equally my children and equally loved. But the girls have different shared bedrooms in our house because their needs are different. Under one roof we are one family but with different living quarters. The arrangement does not make my son with his own bedroom unequal to my daughters.

Indeed the arrangement gives them greater freedom to lead fuller lives, one room with boy toys and comics and the others with dolls, wall posters, and a library with books like Pride and Prejudice. Giving us, Tamil people, different space where we can give expression and life to our peculiar needs is not separation but true happy integration.

Let me also paraphrase another family-based argument that my daughter who worked for Dr. Jehan Perera heard from him. If I were to have a voting system among my children every time we go out as a family, the three girls would outvote my son and we would always end up shopping or eating at a restaurant. My son, who would prefer Casuarina Beach, would get outvoted. In time, he would want to break off from the family and go to the beach with his friends. Majority vote would lead to separation but sharing leads to integration.

That is, the wishes of the majority cannot be forced on minorities in the name of democracy and must be mediated through a federal arrangement. Yes, a good society must allow those who wish to be different to be different.

Women

Women also are a minority in terms of power. They have different needs and sensibilities. Getting some 95% male Parliament to be their representative is not democracy. The Mannar Women’s Development Federation has said “Give one of your votes to a woman.” I endorse this. As they say, women’s rule uplifts our democracy.

There is some confusion, however. At the Presidential Elections, when MWDF urged you to vote for at least one woman, you could choose any of the female candidates. Now, however, in the Parliamentary elections, you must first choose a party, whatever it may be, and then vote for a woman from that same party. If you chose a woman from a party that you did not choose, your vote will be spoilt.

We must give choices to everyone in how our lives are run. Women especially must have a greater choice in running their lives. Vote for at least one woman from your party.

*Text of speech on 5 July, 2020 at the Election Commission’s Grand Opening of the New Quarters Building, Saravana Road, Kallady, Batticaloa

https://www.colombotelegraph.com/index.php/democracy-threatened-impunity-political-patronage-rollback-of-devolution/


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