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SC judgment on former President Sirisena’s “dismal failure”
The SC judgment concluded in its lengthy judgment that former President Maithripala Sirisena has been lax in affording the protection and guarantees enjoined under the Constitution and other laws and he has breached his duty to protect. Thus we hold that he has infringed the fundamental rights enshrined under Article 12(1) and 14(1)(e) of the Constitution.
It stated that this dismal failure on the part of the former President Sirisena resulted in disastrous consequences for this country and not only lives were lost and properties destroyed but inter racial tension and inter-ethnic hatred began to raise their ugly heads causing the very fabric of this nation to be broken and become fragile. There were fear psychosis, apprehension and interethnic alienation that were palpable.
It also held that the National Security Council (NSC) had been in existence for several years and it would appear that it had functioned without any legal framework. It was given statutory recognition under the Public Security Ordinance in terms of Emergency (National Security Council) Regulation No 1 of 1999 published in Gazette Extraordinary No 1081/19 and dated 27th May 1999.
This subordinate legislation established an NSC with the President as its head, tasked with the maintenance of national security with authority to direct security operations and matters incidental to it. This Court heard submissions that prior to January 2015, the NSC used to meet every week on Wednesdays under the chairmanship of the President, before which an intelligence coordination meeting was held on Tuesdays presided over by the Secretary, Defence.
This arrangement paved the way for many an aspect of national security to be thrashed out at these meetings and intelligence and other useful information used to be freely exchanged at these meetings. It is how the executive was kept apprised of the national security situation in the country and that facilitated the discussion of all matters pertaining to national security.
It would appear that under the presidency of the former President Sirisena the NSC meetings were sporadic and not regular. If one were to formulate policies with regard to national security and exercise supervision over the security echelons of the Government, the NSC was a useful tool in the hands of the President but a notorious misappreciation of the duties and functions of the Minister of Defence has led to an appalling lack of appreciation of the importance of the National Security Council.
The dangers posed by Zahran and his terrorist outfit could have been effectively appreciated and dealt with had this mechanism been in place but its efficacy had been lost on the then President. The Court finds that there was no meeting summoned for of either ICM or NSC after 9 April 2019 and in our view, it is a serious lapse having regard to the nature of intelligence information received and following the 16 April 2019 dry run explosion.
It would appear that despite the 1999 Gazette which provided for the Constitution of the NSC, the attendance at the NSC had been determined solely by the President with no reasons given for the exclusion of key members who should have been an indispensable part of security and intelligence briefings such as the Prime Minister, State Minister for Defence and the IGP.
There was extensive submission that the Prime Minister was kept out of the NSC and was not provided with any information. 105 All this is a stark reality that strikes this Court as a serious omission on the part of the then President.
In 2019 there had been only two NSC meetings convened by him. One was on 14th January before the discovery of the Wanathawilluwa explosives and arms cache and the next on 19th February. This was one of the largest discoveries of explosives after the end of the war in 2009. It cannot be gainsaid that the former President Sirisena was made aware of these discoveries at Wanathawilluwa.
In these circumstances it was obligatory on the part of the former President Sirisena to have convened the NSC every week and put in place a mechanism to address the threat posed by Zahran and his cohorts. This was never done much to the discomfiture and dislocation of the security apparatus. It has to be pointed out that only after the bombs ripped through the nooks and crannies of this country, wisdom dawned upon the importance of NSC meetings.
This dismal failure on the part of the former President Sirisena resulted in disastrous consequences for this country and not only lives were lost and properties destroyed but inter racial tension and inter-ethnic hatred began to raise their ugly heads causing the very fabric of this nation to be broken and become fragile. There were fear psychosis, apprehension and interethnic alienation that were palpable through the length and breadth of the country.
The due care with which the Minister of Defence must have exercised his wide powers in the greater good of the country was totally non-existent having regard to the evidence that has been placed before this Court. The consistent declaration of this Court that “Public Trust” doctrine is not a mere matter of contract bears particular repetition at this stage.
“We are not concerned with contractual rights, but with the safeguards based on the Rule of Law which Article 12 provides against the arbitrary and unreasonable exercise of discretionary powers. Discretionary powers can never be treated and unfettered unless there is compelling language; when reposed in public functionaries, such powers are held in trust, to be used for the benefit of the public, and for the purpose for which they have been conferred-not at the whim and fancy of officials, for political advantage or personal gain.
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US sports envoys to Lanka to champion youth development
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.”
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Rahuman questions sudden cancellation of leave of CEB employees
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.
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CIPM successfully concludes 8th Annual Symposium
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.