o EC adopts wait-and-see attitude to observe SC cases o Political parties lament lack of time for campaigning  Black Box by Capt. Vasabha All eyes will be fixed on the Supreme Court (SC) this week, as a bench made up of the most senior five justices will decide whether or not to intervene in the current stalemate that has left the country without either a functioning parliament or even the prospect of a general election in the foreseeable future. Seven parties including Attorney-at-Law Charitha Gunaratne, Dr. Paikiasothy Saravanamuttu of the Centre for Policy Alternatives (CPA), journalist Victor Ivan along with seven others, and Ranjith Madduma Bandara of the Samagi Jana Balawegaya (SJB), and former MPs Kumara Welgama and Champika Ranawaka, have filed fundamental rights (FR) petitions challenging various aspects of the constitutional quagmire, from the decision to dissolve Parliament on 2 March to the continued postponement of elections, to what they allege are irregularities in financial appropriations without parliamentary approval. The main Opposition United National Party (UNP) refrained from resorting to legal action after deciding that it would continue its dialogue on the matter with the Election Commission (EC) while civil society members engaged in the litigation process. The Attorney General (AG) has refused to appear for the EC and its members in the FR cases before the SC, forcing the EC to retain private lawyers to represent the Commission and its individual members. The issue of litigation was taken up for discussion by the Commission when it met last Tuesday (12). A member of the EC, Prof. Ratnajeevan Hoole, had already hired a private lawyer to represent him in court. However, the final decision on the other two members has not been finalised. Prof. Hoole raised grave concerns about the conduct of the AG, who he charged had purported to represent the EC, solicited the legal positions of the EC members, and then suddenly declined to represent the Commission while retaining their legal briefs for use in preparing submissions against them. If true, this would be a serious violation of the SC’s code of conduct for attorneys-at-law. At the meeting, Prof. Hoole had stressed that he was opposed to the decision of letting the AG represent the Commission, which is an independent party in the cases at court, out of a suspicion that the AG would side with the Government. He related the story of a previous case under AG K.C. Kamalasabeyson, when Prof. Hoole was a member of the University Grants Commission (UGC), and he charged that the AG’s Department had manipulated the legal system against the UGC while purporting to represent its interests. The petitions challenging the various aspect of the parliamentary conundrum were taken up on Monday (11) before the three- member SC bench comprising Chief Justice Jayantha Jayasuriya, Justice Murdhu Fernando, and Justice S. Thurairajah. Deputy Solicitor General Indika Demuni de Silva of the AG’s Department informed the court last Monday that the AG’s Department would represent only the President, the AG, and the Director General of Health Services Dr. Anil Jasinghe. President’s Secretary Dr. P.B. Jayasundera, in an unusual move, has retained private counsel from Romesh de Silva PC. The petitions were fixed for support on 18 and 19 May. Deadlock on polls Apart from facing the petitions before the SC scheduled to be taken up tomorrow, the EC met last Tuesday to discuss several issues that included the issuing of preferential numbers as well as on finalising 20 June as the date to hold the 2020 general election. The meeting however concluded without either reaching a final decision on the date to hold the general election or finalising a new date to issue preferential votes for candidates. The inability to reach a conclusion on the implications of the spread of Covid-19 in the country and the restrictions on movement coupled with the health guidelines, has posed a challenge for the EC in making a final call on the impending general election. The date to issue preferential votes, which was scheduled for 4 May, was postponed due to the issue raised at a meeting held with party leaders earlier this month regarding the validity of the nominations received on 17, 18, and 19 March, since these were declared public holidays by the Ministry of Public Administration in a Gazette due to the Covid-19 situation. The Parliamentary Elections Act forbids the accepting of nominations on public holidays or outside of normal working hours. Commission member Prof. Hoole noted that the preferential vote numbers should be allocated by 15 May to enable the election to be held on 20 June, which was the most recent date gazetted by the EC. “A total of 35 days should be given to political parties prior to the election for their campaigns and therefore, the preferential numbers should be issued before 15 May,” he noted. However, as communicated by Prof. Hoole, the Commission had not discussed the issuing of preferential votes, but instead had lengthy discussions focused on the petitions filed at the SC. It is learnt that the EC decided to wait until next week to make a final decision on the elections since the petitions challenging the Gazette announcing the general election is to be taken up by the SC tomorrow and on Tuesday (19). Representatives of both Government and Opposition political parties urged the EC to take the final decision on the long-delayed parliamentary election and inform the political parties immediately without dragging it further. The EC, on Tuesday afternoon, met with political party representatives and discussed the current situation in the country. Representatives of 24 political parties had attended the meeting. At the meeting, a majority of Opposition parties, including the UNP and Janatha Vimukthi Peramuna (JVP), had requested the EC not to hold the election on 20 June. The UNP noted that an election should not be held until the health authorities give the clearance for political parties to carry out canvassing campaigns. Questions raised by the political parties included the issue of how to hold meetings amidst the restrictions implemented by health authorities to control the spread of Covid-19. Sri Lanka Freedom Party (SLFP) General Secretary former MP Dayasiri Jayasekara said that all political parties had requested the EC to decide on the election immediately so that the parties could decide whether to start their campaigns or not. Furthermore, Jayasekara noted that the election should be held before the end of the EC’s term, which is scheduled this September. Meanwhile, UNP General Secretary Akila Viraj Kariyawasam said almost all the parties had raised concerns about calling for elections at this time, adding that it was impossible for parties and candidates to campaign for the polls. However, while many political parties had raised concerns about holding the election in this climate, Sri Lanka Podujana Peramuna (SLPP) representative Prof. G.L. Peiris wanted to hold the election soon. Despite representatives of all parties seeking a firm confirmation on the decision pertaining to the current date of 20 June fixed for elections, the EC has not been able to reach a final decision. Meanwhile, the Commission also met with representatives of coalition partners of alliances who were not contesting at the impending general election on Wednesday (13), to seek their opinion on the polls as well. Accordingly, the EC met with representatives of 23 such political parties. Polls vs. lives Deshapriya, during the two meetings held last week with political party representatives, had drawn a clear line between holding elections and ensuring people’s safety. This point was driven by the EC Chairman by informing the political party representatives that while the EC was prepared to conduct the general election, it would not be at the cost of human lives. According to Deshapriya, while people would be denied sovereignty without elections since sovereignty was the inalienable right of people, the Commission would not proceed with elections over the “dead bodies of people”. By Thursday (14), reports of the parliamentary election scheduled for 20 June being inevitably postponed further were confirmed, as more time is needed for preparations than usual, due to the Covid-19 situation in the country. A senior official of the Election Secretariat was quoted as telling The Morning that as per the Quarantine Act, there were measures the election officials had to follow while preparing for the election, unlike previous elections and therefore, the entire process was consuming much more time than usual. However, the official took issue with the statement by EC member Prof. Hoole that the preferential numbers should be issued prior to 15 May so as to hold the parliamentary election on 20 June as scheduled, as the political parties should be given a minimum of 35 days for their campaigns. According to the senior Election Secretariat official, there was no such provision mentioned in the Parliamentary Elections Act. However, the Election Secretariat had practised it as a tradition only since the acts relating to other elections have specified a minimum time period. Meanwhile, the official added that the EC had not yet decided on a date to issue preferential numbers for the candidates for the upcoming parliamentary election. Hence, it was revealed that the preferential numbers of the candidates at the general election may be released this week around Thursday (20), depending on the outcome of the cases in which the petitions calling for the nullification of the Gazette announcing general elections are before the SC. Cost factor Meanwhile, at last Tuesday’s meeting, EC Chairman Deshapriya also diverted attention of the political party representatives to the drastic increase in the cost to hold elections. He explained that given the current health guidelines being followed to ensure safety from contracting Covid-19, election authorities would also have to look at introducing new measures and precautionary measures if polls are held despite the threat of the virus. Deshapriya noted that the cost to hold a general election in such a scenario would likely see a two-fold increase from the initial estimates. About Rs. 7 billion had been estimated for the previous presidential election, and according to the EC Chairman this figure could soar to over Rs. 14 billion due to the additional measures required in the wake of the Covid-19 pandemic. The increase in the election budget would no doubt add to the economic woes of the Government. JVP locks horns with PM It is in this backdrop that the JVP decided to lock horns with Prime Minister Mahinda Rajapaksa over a Cabinet proposal made by him. Accordingly, apart from cabinet ministers, state ministers have been given the green light by the Government to use their official vehicles for the promotion of their respective parties/candidacy at the upcoming parliamentary election, subject to some conditions. In the Cabinet Paper No. 20/0637/202/012, which was submitted by Prime Minister Rajapaksa on 6 May and approved by the Cabinet on 18 March 2020, it is stated that the Prime Minister, the Speaker, all cabinet ministers, the Opposition Leader, state ministers, and other similar persons who use official vehicles and official residences provided to them by the Government as a privilege entitled to the post currently being held/previously held by them, could use the relevant official vehicles and residences for the promotion of their respective political parties/candidacy at the 2020 parliamentary election, under several conditions. The conditions include payment of a monthly fee of Rs. 100,000 per vehicle; payment of additional fuel expenses (that is, in addition to the amount of fuel currently provided for the official vehicles for official duties), and payment of the prescribed fee for the use of official vehicles and official residence (as mentioned above) to the relevant authority of the Government which has issued said vehicles and official residences; and payment of a fee, with regard to aeroplanes or helicopters, to the relevant authority. Furthermore, it is stated in the Cabinet proposal that if aeroplanes or helicopters are used to promote political parties/candidacy, then all expenses must be personally borne by the users and if the Prime Minister, the Speaker, a minister, or the Opposition Leader uses his official residence to promote their respective party/candidacy, then a monthly fee of Rs. 100,000 must be paid. The copies of the relevant Cabinet decision have also been sent to the Secretary General of Parliament and the EC Chairman. However, it is learnt that Speaker Karu Jayasuriya, who is not supporting any party at the upcoming election out of protest against the split in the UNP, has returned his official vehicles and residence unconditionally. Jayasuriya has used his official residence only for the purpose of holding meetings of the Constitutional Council, which he is required to convene twice a month by law. Meanwhile, the JVP has raised concerns about permitting state ministers to utilise official vehicles and residences during the “If the Government decides to put a stop to this allowance, to a single official vehicle, it can give Rs. 5,000 to 48 families. About 40 state ministers are doing this illegally. If their total fuel allowance is halted, Rs. 5,000 can be paid to 4,900 families,” the JVP charged. Meanwhile, People’s Action for Free and Fair Election (PAFFREL) Executive Director Rohana Hettiarachchi also noted that the Cabinet decision taken to allow state ministers to use official vehicles and residences during election campaigns was a clear violation of election laws. “The Cabinet cannot take illegal decisions,” Hettiarachchi told The Sunday Morning. Meanwhile, former JVP MP Handunnetti lodged a complaint with the EC last Sunday (10) against the approval granted by the Cabinet to allow state ministers to use government vehicles for election campaigns. The former MP said that as Parliament has been dissolved, state officials cannot be allowed to use their official vehicles with all the privileges for election campaigns. “We complained against the Cabinet’s decision because it’s violating the Gazette issued on 6 March by the EC,” the former MP said. According to the Gazette, no state property can be used for electioneering until the results are announced from the date of the polls. “As the state ministers no longer exist, how can a decision be taken to allow them to use state vehicles?” Handunnetti questioned. Rajitha’s saga Amidst all the focus on the impending the general election, the Colombo High Court on Wednesday (13) dismissed the Colombo Chief Magistrate’s bail order on former Minister Dr. Rajitha Senaratne. Dr. Senaratne was to be arrested over his alleged involvement in the controversial “white van” presser where two individuals levelled allegations of abductions against then SLPP presidential candidate at the time, President Gotabaya Rajapaksa. In December last year, the former Health Minister was arrested and remanded over the media briefing held in November. On 30 December, the Colombo Magistrate’s Court ordered his release. However, the AG filed a revision application on 8 January challenging the decision of the court to grant him bail. Meanwhile, last month, Dr. Senaratne held a press conference in which he sharply chastised the Government for throwing out the pandemic preparedness plans that had been in place since the Mahinda Rajapaksa presidency even before 2015, and which strengthened under his stewardship as Health Minister from 2015 until last November. He charged that health professionals were being shouted down and forced to bend to the will of technocrats and generals. Later, on Wednesday, court ordered the Police to arrest Dr. Senaratne and present him before the court. He however surrendered to the Criminal Investigation Department (CID) towards Wednesday evening where he was arrested and produced before court. Dr. Senaratne was then remanded till 27 May by the Colombo Magistrate's Court. According to the Commissioner General of Prisons, the former Minister was sent to the Pallansena isolation centre in Negombo. The former Minister’s lawyers have filed a revision application in the Court of Appeal, contesting the decision to remand him. They note that the only two witnesses who have implicated him have themselves been arrested by the Police and are in remand for violent crimes including robberies, calling their credibility into doubt. Chinese connection The political tug of war aside, Sri Lanka continues to remain a focal point for the Chinese in its Belt and Road Initiative (BRI). The Chinese have continuously maintained a close communication line with the Sri Lankan Government during the Covid-19 pandemic. It is in this backdrop that Chinese President Xi Jinping had urged on Wednesday (13) that China and Sri Lanka, while ensuring Covid-19 prevention and control, gradually resume practical co-operation in various fields, advance major co-operation projects in an orderly manner, and promote the high-quality construction of the Belt and Road. Chinese news agency Xinhua reported that Xi had made the remarks in a telephone conversation on Wednesday night with President Rajapaksa, adding that such efforts will provide impetus for Sri Lanka’s economic recovery. Xi had recalled that various sections of Sri Lankan society offered China active support at a critical moment in China’s fight against the Covid-19 disease, with many particularly heart-warming and touching moves. He had noted that under President Rajapaksa’s strong leadership, Sri Lanka has effectively contained the spread of the epidemic, adding that China stands ready to continue to provide firm support and as much assistance as its capacity allows for the South Asian country in line with its needs. The Chinese President had expressed his confidence that the people of Sri Lanka will certainly defeat the epidemic at an early date. Xi had thanked the Sri Lankan Government and people for taking care of Chinese citizens in their country during the pandemic, and said the Chinese side will continue to ensure the safety and health of Sri Lankan citizens on its soil. China, he had added, is willing to work with Sri Lanka and the broader international community to continue to support the World Health Organisation (WHO) in playing a leading role, promote global co-operation on joint Covid-19 prevention and control, and win the battle for the safety and health of all people across the world. Noting that Sri Lanka and China enjoy a long-running friendship with co-operation in various fields advancing smoothly, President Rajapaksa had said China has over the years, provided tremendous support for his country’s economic and social development, for which the Sri Lankans are deeply grateful. Sri Lanka is willing to work with China to enhance exchanges and co-operation in such fields as economy, trade, tourism, and infrastructure, and smoothly push forward major Belt and Road co-operation projects such as Colombo Port City, he had said, adding that Sri Lanka welcomes more investment from and co-operation with Chinese enterprises. The Sri Lankan Government has also responded favourably to a proposal by China to lobby for the Chinese national currency to replace the US dollar as the global reserve and trading currency, Chinese media reports stated. China expects Sri Lanka to take a leading role in combating American influence, and the Sri Lankan Government is eager to lend its support in exchange for financial aid, notwithstanding strong objections of Foreign Secretary Ravinatha Aryasinha, according to diplomatic sources. Aryasinha has warned that the move would raise alarm bells in India, Europe, and Washington DC, and risks isolating Sri Lanka from those countries in the uncertainty that will follow the Covid-19 crisis. The stance has rattled the Government as the Foreign Secretary has previously warned against overly cosy relations with the West. MR’s Chinese friendship However, it is interesting to note that during the telephone conversation between the Presidents of Sri Lanka and China last week, Prime Minister Rajapaksa’s name had figured in the discussion. It is learnt that the Chinese President had on two instances during the telephone conversation referred to the Prime Minister. Xi had asked the President how the Prime Minister was keeping. He had reminded President Rajapaksa that Prime Minister Rajapaksa had maintained a very close friendship with China and that during his (Mahinda Rajapaksa) presidency, the two countries had worked towards making the Colombo Port City a reality. It is interesting that Prime Minister Rajapaksa figured during the discussion between the two Presidents, which seems to be an underlying message to the President about several things – the close relations between the Chinese and Prime Minister Rajapaksa as well as the importance for the President to continue that relationship. Finally, when the telephone conversation ended, President’s Secretary Dr. Jayasundera had informed the Prime Minister about the telephone conversation and that the Chinese President had conveyed his regards to the Premier. Enter India India has yet to formally raise the prospect of such a move with Sri Lankan authorities. The new High Commissioner of India to Sri Lanka Gopal Baglay presented his Letter of Credence (credentials) to the President last week, in a ceremony held through video conference. The High Commissioner had thanked the President for arranging the traditional ceremony in an innovative manner and stated that the use of technology to overcome challenges, such as those posed by the pandemic, has been stressed by the leadership of India as well as Sri Lanka. He had pointed out that the novel initiative underscores the significance the two countries attach to their friendly and multi-faceted ties, and also highlights India’s continued commitment to closely work with Sri Lanka in facing common challenges. Stressing the immense significance attached by India to its relations with Sri Lanka, the High Commissioner had reiterated the abiding commitment at the highest levels in India to developing and strengthening the existing friendly ties and co-operation between the two countries. The High Commissioner had recalled that as Sri Lanka’s closest maritime neighbour, India has been the first responder when Sri Lanka faced difficulties, be it natural calamities or the ongoing pandemic. In this context, the High Commissioner had noted that India has sent four consignments of essential lifesaving medicines and medical material weighing over 25 tonnes to Sri Lanka in the last few weeks as goodwill support from the people of India. Reiterating Prime Minister Narendra Modi’s commitment to jointly fight Covid-19, the High Commissioner had assured President Rajapaksa of India’s continued co-operation with Sri Lanka, including for economic recovery. Baglay had recalled that Prime Minister Modi had paid a solidarity visit to Sri Lanka during his first overseas tour after assuming office in his second term. He had noted that the first overseas visit by President Rajapaksa to India in November 2019 had imparted significant momentum to the bilateral relationship. Similarly, the first overseas visit by Prime Minister Mahinda Rajapaksa after assuming office in February 2020 to India, had guided the implementation of bilateral understandings for shared prosperity and security. The High Commissioner stated that he looked forward to working closely with the leadership of Sri Lanka for their further implementation as well as deepening India’s long-standing partnership with Sri Lanka as our closest maritime neighbours in South Asia and the Indian Ocean Region.