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PTA must be amended to get rid of its draconian provisions- Ex-MP
Amending the Prevention of Terrorism (Temporary Provisions) Act No 48 of 1979 (PTA) would be an expeditious way of getting rid of the draconian provisions in that law, than experimenting with new legislation, argues former UPFA lawmaker M.M. Zuhair.
President’s Counsel Zuhair has issued the following statement in the wake of Presidential Commission of Inquiry (P CoI) that probed accountability issues et al recommended that the PTA should remodeled on the basis of anti-terrorism laws of other countries, including the UK: “Blatant provisions in the PTA include, the deprivation of the liberty of the subject by ‘executive fiat’ without the arrested person having a clear judicial remedy in any court whatsoever, in violation of Article 13(2) of the Constitution and international treaties to which Sri Lanka is a signatory.
“A letter from a Superintendent of Police to a Magistrate under section 7(1) of the PTA results in the Magistrate “shall…. make order that such person be remanded until the conclusion of the trial of such person.” This happens at the investigations stage when the police themselves could not reasonably contemplate the prospects of a trial. Disturbingly, the SP’s letter is perceived erroneously as depriving the Magistrate of his judicial discretion to decide on the matter, notwithstanding the Supreme Court making the legal position clear in several cases including Padmanathan vs SI Paranagama, OIC, NIB, Vavuniya (1999) 2 SLR 225 at 238/9, Weerawansa vs the Attorney General (2000) 1 SLR 387 and Sumanadasa and 205 Others vs Attorney General (2006) 3 SLR 202.
“The controversial law enables the detention of persons under section 9 of the PTA, by an order signed by the President, but large numbers of suspects including innocent persons had been incarcerated at times for years, though the PTA provides for a maximum period of 18 months only. Detained persons are kept in the custody of the investigating police itself, at any place in the country, resulting in several cases of torture disclosed in the law reports of our Courts.
“It must be noted that in both instances of detention on a presidential order under section 9 and remand order on SP’s letter under section 7, the decisions that prevail are essentially decisions of the executive and not that of the judiciary. The PTA is perceived as depriving the Magistrate of his judicial discretion resulting in remand orders decided by the executive, being rubber stamped by Magistrates.
“Even the consent to bail has to be granted by the executive, namely by the Attorney General acting in pursuance of the proviso to section 7 of the draconian law. Several persons arrested and remanded under the PTA have been discharged for lack of evidence, through the intervention of the Attorney General after sometimes after over a year in remand, a place described by first timers as ‘hell on earth’. Should persons who are innocent of any crime under-go such suffering and humiliation, affecting them and their family, on account of the inhuman aspects of the PTA? The Supreme Court has never hesitated to grant relief in several fundamental rights cases, where the police had abused the PTA and also in instances in which the Attorney General had unreasonably with-held consent to bail. But FR is an expensive and often time consuming process!
“The most ridiculous aspect of the PTA is that a person arrested and dealt with under section 7 or 9 of the PTA is left without any judicial remedy to obtain bail while an accused convicted by Courts under the PTA to serve several years in jail will be eligible to seek bail under section 19 of the PTA from the Court of Appeal! As stated by the Court of Appeal in a recent case, remanding has become a mode of punishment in certain cases, contrary to the exception in Article 13 (4) of the Constitution.
Amending the PTA to eliminate the obnoxious provisions and bring it in line with Article 13(2) of the Constitution and international treaties would be the minimum that can be done to restore the country’s image as a modern nation State. Amending the PTA would be more appropriate than replacing it with the much more controversial Counter Terrorism Law, which will lead to further radicalisation and conflicts.”
The U.S. Embassy in Colombo welcomed the U.S. Sports Envoys to Sri Lanka, former National Basketball Association (NBA) and Women’s National Basketball Association (WNBA) players Stephen Howard and Astou Ndiaye, from June 8 through 14.
The Public Diplomacy section of the U.S. Embassy said that it would launch a weeklong basketball program intended to harness the unifying power of sports, made possible through collaboration with Foundation of Goodness and IImpact Hoop Lab.
While in Sri Lanka, Howard and Ndiaye, both retired professional basketball players, will conduct a weeklong program, Hoops for Hope: Bridging Borders through Basketball. The Sports Envoys will lead basketball clinics and exhibition matches and engage in leadership sessions in Colombo and Southern Province for youth aged 14-18 from Northern, Uva, Eastern and Western Provinces, offering skills and leadership training both on and off the court. The U.S. Envoys will also share their expertise with the Sri Lanka Basketball Federation, national coaches, and players, furthering the development of basketball in the country. Beyond the clinics, they will collaborate with Sri Lankan schoolchildren to take part in a community service project in the Colombo area.
“We are so proud to welcome Stephen and Astou as our Sports Envoys to Sri Lanka, to build on the strong people-to-people connections between the United States and Sri Lanka,” said U.S. Ambassador Julie Chung. “The lessons that will be shared by our Sports Envoys – communication, teamwork, resilience, inclusion, and conflict resolution – are essential for leadership development, community building, equality, and peace. The U.S. Sports Envoy program is a testament to our belief that sports can be a powerful tool in promoting peace and unity.”
SJB Colombo District MP Mujibur Rahuman in parliament demanded to know from the government the reasons for CEB suspending the leave of all its employees until further notice from Thursday.
MP Rahuman said that the CEB has got an acting General Manager anew and the latter yesterday morning issued a circular suspending leave of all CEB employees with immediate effect until further notice.
“We demand that Minister Kanchana Wijesekera should explain this to the House. This circular was issued while this debate on the new Electricity Amendment Bill was pending. There are many who oppose this Bill. The Minister must tell parliament the reason for the urge to cancel the leave of CEB employees,” the MP said.However, Speaker Mahinda Yapa Abeywardena prevented Minister Wijesekera responding to the query and said that the matter raised by MP Rahuman was not relevant.
The Chartered Institute of Personnel Management (CIPM) successfully concluded the 8th Annual CIPM Symposium, which took place on 31st May 2024. Themed “Nurturing the Human Element—Redefining HRM in a Rapidly Changing World,” the symposium underscored the pivotal role of human resource management (HRM) in today’s dynamic global landscape. Since its inception in 1959, CIPM has been dedicated to advancing the HR profession through education, professional development, and advocacy, solidifying its position as Sri Lanka’s leading professional body for HRM.
Ken Vijayakumar, the President of the CIPM, graced the occasion as the chief guest. The symposium commenced with the welcome address by the Chairperson, Prof. Arosha Adikaram, followed by the Web Launch of the Symposium Proceedings and Abstract Book by the CIPM President. The event featured distinguished addresses, including a speech by Chief Guest Ken Vijayakumar, President of CIPM, and an address by Guest of Honor Shakthi Ranatunga, Chief Operating Officer of MAS Holdings Pvt. Ltd., Sri Lanka.
The symposium also featured an inspiring keynote address by Prof. Mario Fernando, Professor of Management and Director of the Centre for Cross Cultural Management (CCCM) at the University of Wollongong, Australia.
Vote of Thanks of the inauguration session was delivered by Dr. Dillanjani Weeratunga, Symposium Co-chair.
The symposium served as a comprehensive platform for researchers to present their findings across a wide range of critical topics in HRM. These included Cultural Diversity and Inclusion, Talent Development and Retention, Ethical Leadership and Corporate Social Responsibility, Adapting to Technological Advancements, Mental Health and Well-being at Work, Global Workforce Challenges, Employee Empowerment, and Reskilling and Upskilling.
The plenary session was led by Prof. Wasantha Rajapakse. Certificates were awarded to the best paper presenters during the valedictory session, followed by a vote of thanks delivered by Kamani Perera, Manager of Research and Development.
The annual symposium of CIPM was a truly inclusive event, attracting a diverse audience that spanned undergraduates, graduates, working professionals, research scholars and lecturers. This widespread interest highlights the symposium’s significance in the field of HRM, offering a unique opportunity for everyone to network and learn from scholarly brains.The CIPM International Research Symposium was sponsored by Hambantota International Port, Sri Lanka Institute of Information Technology (SLIIT), E B Creasy & Co. PLC, and Print Xcel Company.
US sports envoys to Lanka to champion youth development
Rahuman questions sudden cancellation of leave of CEB employees
