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Govt.’s catch-22 over Covid lockdown 

21 Aug 2021

  • PM intervenes to bring peace between G-10 alliance leaders and Prez
  • Dinner hosted for Weerawansa, Gammanpila, Nanayakkara, and Alles 
  • Warning of economic jeopardy, President agrees to lockdown till 30th 
  • Govt. urges public to do their part, brace for hardship and sacrifices
  • Catholic Church throws down gauntlet over Easter Sunday attacks
  • SC waters down tax amnesty in proposed Finance Bill amidst opposition 
The Government, led by President Gotabaya Rajapaksa and Prime Minister Mahinda Rajapaksa, spent the last week consumed by a catch-22 over deciding whether the country should plunge into another lockdown in the face of surging Covid-19 cases and deaths.  In fact, the Covid-19 situation even eclipsed last week’s cabinet reshuffle as well as the economic crisis, although they too play a key role in shaping the Government’s next course of action.  The number of patients reportedly testing positive for Covid-19 by the weekend increased to over 3,000 with the daily death rate inching closer to 200.  However, the country’s economic condition at present has made yet another lockdown scenario seem like a deathblow.  The continuous calls for a lockdown, especially from governing party allies, were the last straw for the President, who sharply questioned Ministers Wimal Weerawansa, Udaya Gammanpila, and Vasudeva Nanayakkara about whether they were oblivious to the economic challenges faced by the country.  The country’s economy has left the Government with Hobson's choice when addressing the issue of Covid-19.  During meetings of the Presidential Task Force on Covid-19, the Government and health authorities have been in constant clashes over the issue of another lockdown.  During one of the recent meetings, the President, unable to hide his frustrations, had even questioned the health authorities as to how the low-income earners and daily wage earners would feed themselves if the country goes into lockdown. The President had pointed out that the country’s economic situation did not provide the possibility of providing relief payments or any other assistance, as the Government simply could not afford it.  “Do you understand the plight of the economy? Did you not see what the Government had to undergo in the issue of gas and milk powder imports?” Rajapaksa had questioned during a recent task force meeting.  The Government, instead of moving for a full-blown lockdown, first resorted to further restrict movements and revise the health guidelines that had been issued.  However, the announcement last week that the Delta variant has mutated in the country and three such mutations have been identified, pushed many parties to call for a scientific lockdown.  State Minister of Pharmaceutical Production, Supply, and Regulation Prof. Channa Jayasumana last Tuesday (17) informed Parliament that SA 222V, SA 701S, and SA 1078S have been identified as three new mutations of the Delta variant detected in Sri Lanka.  It is in this backdrop that traders’ associations in key cities islandwide announced unilateral lockdowns in their respective towns. Some cities have been closed for a period of one week while others for 10-14 days.  It is in this backdrop that the broad movement of trade unions and civil organisations, which was initially formed to demand the release of remanded trade unionists last month, met last Tuesday and decided to give an ultimatum to the Government.  The movement issued an ultimatum that in the event the Government failed to impose a two-week lockdown from Friday (20), the trade unions representing the public, private, and estate sectors would carry out a two-week lockdown from Monday (23).  The decision was announced by trade union leaders representing many sectors, as well as those affiliated to Opposition political parties.  The movement also proposed 10 points to be initiated along with the lockdown. They are: 1. Perform a 10-day scientific lockdown, 2. Perform Covid-19 tests during this period, inclusive of PCR tests and RATs, 3. Separate the infected and plan home treatments for minor symptoms, 4. Prepare intermediate care centres with a minimum of 100,000 beds, 5. Reserve 10,000 beds for essential treatment, 6. Plan to accurately predict the course of the disease through scientific surveillance, 7. Avoid bringing in tourists during this time, 8. Be mindful of the types of immigrants entering the country, 9. Identify green, orange, and red zones according to the number of patients found in the country and protect the green-orange zones from further spreads, and 10. The Government must fulfil their responsibility of providing for the needs of the people during the lockdown.  G-10 leads lockdown calls  Meanwhile, calls for a lockdown were made by Opposition political parties as well as governing party allies.  The first governing party ally to officially call for a lockdown was the Sri Lanka Freedom Party (SLFP). The party announced at a news conference last week that the country should be locked down to control the spread of Covid-19 and to reduce the deaths.  However, it was the letter sent to the President by 10 alliance leaders of the governing party (G-10) that was in the spotlight last week.  The G-10 leaders, led by Gammanpila and Weerawansa, decided to write to the President, calling for a justified lockdown following a discussion last Tuesday (17).  The G-10 leaders had earlier decided to meet every fortnight to discuss issues faced by the Government as well as the country, in order to perform the role of a pressure group to ensure the Government follows the mandate given by the people.  Accordingly, a meeting of G-10 leaders was convened at Gammanpila’s residence at 7 p.m.  However, the meeting got delayed, as the cabinet meeting that was held via Zoom on Tuesday, dragged on till after 10 p.m.  The weekly cabinet meeting that usually takes place every Monday, was last week held on Tuesday due to the cabinet reshuffle held the previous day. The cabinet meeting that commenced at 5.30 p.m. had continued till 10.15 p.m.  Known as one of the longest cabinet meetings in the country’s history, last Tuesday’s meeting had witnessed the President speak on several key issues in detail. Ranging from economic issues to the Covid-19 pandemic, Rajapaksa had detailed why the Government was unable to go for a lockdown.  However, Ministers Gammanipla and Weerawansa had left the Zoom meeting prior to its ending at 10.15 p.m. in order to proceed with the meeting of G-10 leaders. Even while the cabinet meeting was progressing, the G-10 leaders had gathered at Gammanpila’s residence.  The meeting had finally commenced at around 9.30 p.m. The meeting had continued till around midnight.  After discussing the rapidly surging Covid-19 pandemic in the country and the increasing death toll, the G-10 leaders believed that the worsening pandemic situation would have an overall negative impact on the country’s economy.  It was finally decided that the G-10 leaders would write a letter to the President detailing the situation, concerns, and the scientific way of addressing the Covid-19 issue.  It was also decided to publicise the letter, since the last letter sent by the G-10 leaders to the President on the controversial Kotelawala Defence University (KDU) Bill had not received a response.  The G-10 leaders, in the letter, had explained the current situation in the country and the overall negative impact the Covid-19 situation would have on the country’s already ailing economy.  “It would take at least six more weeks to vaccinate the entire population above the age of 18 years and at least a month for the effects of the vaccination programme to be felt. The country is under threat of becoming a mass funeral site within the next 10 weeks. An expert committee from the World Health Organisation (WHO) has mentioned a similar threat to Sri Lanka. This is why we are making these proposals,” the letter noted.  The letter pointed out that a lockdown is the only way to reduce the number of Covid-19 cases to a level that the health sector can handle and manage.  “We understand the huge economic challenge that the country is now facing and are sensitive to the further impact on the economy if Sri Lanka goes into a lockdown. However, without locking down the country for at least three weeks, the number of Covid-19 cases cannot be reduced to an amount that is bearable for the health sector,” the letter added.  The letter was signed by Ven. Athuraliya Rathana Thera – Ape Jana Bala Party, Minister Vasudeva Nanayakkara – Democratic Left Front, Prof. Tissa Vitharana – Lanka Sama Samaja Party, Minister Wimal Weerawansa – National Freedom Front, Minister Udaya Gammanpila – Pivithuru Hela Urumaya, A.L.M. Athaullah – National Congress, Tiran Alles – Mahajana Eksath Peramuna, Dr. G. Weerasinghe – Sri Lanka Communist Party, Asanka Nawaratne – Sri Lanka Mahajana Party, and Gevindu Kumaratunga – Yuthukama National Organisation.  However, seeing the letter vastly circulated in the media, the President was displeased, since it seemed his explanation to the Cabinet of Ministers on Tuesday had been ignored by three Cabinet Ministers – Gammanpila, Weerawansa, and Nanayakkara.  It is learnt that the President had telephoned both Gammanpila and Weerawansa and expressed his displeasure at the letter sent by the G-10 leaders as well as the move to publicise the content. The President had also blamed Nanayakkara for failing to understand the Government’s plight.  Hearing about the President’s telephone calls to Gammanpila and Weerawansa, Prime Minister Rajapaksa decided to intervene and resolve the issue in order to ensure that peace prevailed among the governing alliance members.  The Prime Minister invited Gammanpila, Weerawansa, and Nanayakkara for a dinner at his residence on Thursday (19) evening. MP Alles had also attended the dinner.   Meanwhile, the Chief Prelates of the Malwatte and Asgiri Chapters also joined the chorus calling for a lockdown.  The Chief Prelates of the Malwatte and Asgiri Chapters sent a letter to President Rajapaksa last Wednesday (18) requesting a declaration of a week-long lockdown in the country in order to control the spread of Covid-19.  Malwathu Chapter Mahanayaka Ven. Thibbotuwawa Sri Siddhartha Sumangala Thera and Asgiriya Chapter Mahanayaka Ven. Warakagoda Dhammasiddhi Gnanarathana Thera have stated that people are facing a catastrophic situation due to the severe spread of Covid-19.  The letter further noted that the health sector has expressed its difficulty in controlling the situation in a context where the number of Covid-19 detections and daily deaths is steadily increasing.  “The health sector has pointed out the difficulty in controlling this condition due to the severity and rapid spread of new mutations. The World Health Organisation (WHO) has also warned of a major health crisis in Sri Lanka in the coming months,” the letter noted.  The Chief Prelates have also commended steps taken by President Rajapaksa and Prime Minister Rajapaksa at the outset of the Covid-19 pandemic in the country as well as the ongoing Covid-19 vaccination programme.  President’s address Thereafter, in a Friday night address to the nation, the President, after detailing the actions taken by the Government to control the pandemic and the ongoing vaccination programme, urged the people of the country not to perform demonstrations or strikes, given the current pandemic situation.  President Rajapaksa noted that such moves will result in the country being pushed towards anarchy. While announcing a 10-day lockdown, the President assured the public that the military has made arrangements to continue the ongoing vaccination programme amidst the lockdown. The President has also directed health authorities to pay special attention to vaccinating individuals over 60 years of age as well as those suffering from non-communicable diseases that could increase the severity of Covid symptoms.  The President, in his address to the nation on Friday, also cautioned the public on the consequences of a long-term lockdown.  He explained that in the event the lockdown has to be extended for a longer period, people will have to brace for difficulties and be prepared to make sacrifices in order to emerge from the present crisis.  Push for all-party meet  It is in this backdrop that calls to convene a meeting of all political parties to discuss and address the growing Covid-19 pandemic in the country gathered strength last week.  United National Party (UNP) Leader Ranil Wickremesinghe last week received an appointment to meet with President Rajapaksa following a request by the former.  The meeting took place at the Presidential Secretariat last Tuesday and had lasted for about 40 minutes.  The discussion was focused on the current Covid-19 situation in the country.  Wickremesinghe also requested the President to call for an all-party leaders meeting.   He explained that the political leaders could present proposals on containing the spread of the virus and that the UNP has already presented its own set of proposals.  Wickremesinghe also noted several other issues related to the Covid-19 pandemic as well as the shortage of several essential pharmaceuticals in the local market.  The President, it is learnt, has responded positively to the issues raised by Wickremesinghe.  However, Rajapaksa had refrained from discussing any dates to convene an all-party leaders meeting.  Meanwhile, SLFP Leader former President Maithripala Sirisena on Tuesday also called for an all-party leaders meeting to discuss and address the present Covid-19 pandemic situation in the country.  Speaking in Parliament during the debate on the Covid-19 Bill, Sirisena called on the President to convene a meeting of all political party representatives to address the current crisis effectively.  The former President also commended the ongoing programme carried out by the Government led by the President and health authorities.  Cabinet reshuffle  It is amidst the growing crises in the country that President Rajapaksa last Monday (16) reshuffled the Cabinet of Ministers.  The reshuffle was earlier scheduled for the previous week, but was postponed due to the Covid-19 situation in the country.  Monday’s reshuffle saw six key ministerial posts including health, education, power, transport, foreign affairs, and mass media being swapped around.  The reshuffle that took place last Monday came as a surprise for some of the ministers whose portfolios were shuffled.  It is learnt that Transport Minister Pavithra Wanniarachchi, who at the time was Minister of Health, was attending a meeting with health officials at the Ministry when she was asked to come to the Presidential Secretariat.  Wanniarachchi was initially tipped to be appointed to the power portfolio and when leaving the meeting, she had smiled and told several officials that she had no idea why she had been asked to come or whether she would return as the Minister of Power.  However, the result of the reshuffle undoubtedly would have left Wanniarachchi quite baffled, which was evident in her farewell speech at the Health Ministry.  “Everything happens for the best,” she said, adding: “The Ministry of Transport has been handed over to me at an unexpected moment. I didn't really know until I got to the Presidential Secretariat. In any case, you have to accept everything in life happily.”  While Wanniarachchi was appointed as the new Transport Minister, Gamini Lokuge, who held the transport portfolio, was appointed the new Power Minister. Keheliya Rambukwella, who held the media portfolio, was appointed Health Minister, while former Power Minister Dullas Alahapperuma was appointed to the media portfolio. Dinesh Gunawardena was appointed as the new Education Minister while Prof. G.L. Peiris was appointed to the foreign affairs portfolio.  Meanwhile, Youth and Sports Minister and State Minister for Digital Technology and Enterprise Development Namal Rajapaksa was given a new ministerial portfolio of “development co-ordination and monitoring” in addition to his existing cabinet and state ministerial posts.   Most ministers, following the new appointments, did not waste any time and assumed official duties at their ministries the same day.  Meanwhile, State Minister Shasheendra Rajapaksa last week hinted of more portfolios being reshuffled in the near future.  During a visit to the Economic Centre in Narahenpita last Wednesday, the State Minister said there will be more changes in cabinet portfolios in the future.  “The Government should see changes every year. We cannot move forward by working in a controlling manner. I think there will be changes to more ministries and their duties. It is a move taken to ensure the Government is further strengthened,” he said.   As for possible changes to state ministries, he noted that while there were no immediate plans for such changes, it could happen in the future.  Namal takes the lead  However, Minister Namal Rajapaksa is now the government minister to hold the largest number of duties and responsibilities.  A new gazette extraordinary issued by President Rajapaksa details the duties, functions, and institutional and legal framework of the new Ministry of Development Co-ordination and Monitoring.  It is noted that the Department of Project Management and Monitoring will also operate under the purview of the newly established ministry.  Accordingly, Minister Namal Rajapaksa has been tasked with co-ordinating all development activities and the monitoring of projects on the direction and guidance of the President.   The Ministry’s subjects and functions further include implementation of projects under the national budget; state investments and the National Development Programme and formulation of policies, programmes, and projects in relation to the subjects; and functions of the below-mentioned departments, state corporations, and statutory institutions, their implementation, initiating follow-up actions, and evaluation.  Special priorities of the new Ministry are as follows:  Directing the district secretary, divisional secretary, and heads of all other institutions, including all officers at divisional level in speedily carrying out the instructions and executing directives given by the President with regard to the problems and issues presented by the people during the course of the programme “Dialogue with the Village”.  Effectively deploying for the provision of technical and advisory services, the grama niladhari officers, development officers (State Ministry of Home Affairs), agricultural research assistants (Department of Agrarian Services), Samurdhi development animators and officers (Department of Samurdhi Development), and family health officers (Department of Health Services), who are appointed for such village and child protection rural committees and projects at residential level.  Expediting the execution of projects under implementation by the state institutions within the Budgetary Framework 2021-2023 in the areas of authority of pradeshiya sabhas and the divisional secretariats, such as roads, supply of drinking water, electricity, telephone communication, playgrounds, schools, hospitals, vocational training institutions, urban universities, transfer of lands, banking and financial facilities, markets, stores, and infrastructure facilities.  Expediting the implementation within the scheduled timeframe, the locally and foreign-funded projects, such as the Kadawatha-Mirigama, Pothuhera-Katugastota, Kurunegala-Dambulla, Kahathuduwa-Ingiriya-Ruwanpura sections of expressways, port access roads and Athurugiriya Expressway, and Marine Drive up to Moratuwa; solar power plants (Siyambalanduwa), solar and hydro dual power plants (Pooneryn), hydro power plant projects (Moragolla and Broadland), and the Kumbukkan Oya, Minipe Maha Ela, Uma Oya last stage, North-Central Maha Ela, Thalpitigala, Gin and Nilwala Rivers, Maduru Oya South Bank, Wattegedara Tank, Mundeniara Reservoir, Wayamba Maha Ela, Pahala Malwathu Oya, Aththanagalla Reservoir, Basnagoda Reservoir, Aththanagalla-Minuwangoda, Kurunegala-Mahanuwara, Anuradhapura North, Kalu Ganga Water Supply Schemes, and Polonnaruwa and Pahala Uwa Irrigation projects; 50,000 suburban middle-income housing projects in Colombo and suburbs; and the Galle, Kurunegala, Digana, Nuwara-Eliya, and Dambulla Technology Park projects.  Housing and sanitation in the lands occupied by Samurdhi and low-income recipients and strengthening their economic standard by cultivation of crops, such as fruits, coconut, jackfruit, and breadfruit.  Monitoring the development activities assigned to the President’s supervising representatives appointed for the area of authority of the divisional secretariats.  Economic crisis  Amidst the pandemic situation and the cabinet reshuffle aimed at addressing the growing crises, the country’s economic crisis once again surfaced when Energy Minister Gammanpila on Twitter admitted to the ongoing foreign currency crisis that the country is facing.  “The reality is that we are in a foreign currency crisis,” he stated, through a tweet via his official Twitter handle.  Gammanpila further noted that fuel accounted for 18% of the nation’s import bill in the first half of 2021 and that it may be around 25% in the second half.  The Minister called on the public to use fuel economically so that foreign currency can be saved for much-needed medicine and vaccines.  Meanwhile, the China Development Bank (CDB) and the Government of Sri Lanka last week entered into an agreement of RMB 2 billion, approximately Rs. 61.5 billion, term facility.  The announcement was first made by the Chinese Embassy in Colombo.  The Embassy tweeted that the agreement was signed upon a request from Sri Lanka to support its Covid-19 response, economic revival, financial stability, and livelihood betterment.  A statement by the Sri Lankan Embassy in China stated that the deal was signed by Sri Lanka’s Ambassador in Beijing Dr. Palitha Kohona and CDB Global Finance Director General of International Co-operation Department 2 Wang Wei.  “The facility will provide welcome relief and create more confidence in Sri Lanka’s economy,” Ambassador Dr. Kohona said in a statement.  He thanked the Chinese Government for extending the facility at a time when Sri Lanka was facing a severe economic challenge.  The Bangladeshi media, meanwhile, announced that the Central Bank of Bangladesh (BB) will lend $ 50 million to Sri Lanka out of the $ 250 million swap deal between the two countries.  The credit under the first-ever loan to any country from Bangladesh will be given under the currency swap agreement inked by the BB and the Central Bank of Sri Lanka (CBSL) on 3 August, The Daily Star reported.  As per the deal, BB will provide a total of $ 250 million to help prop up the island nation's fast-depleting foreign reserves and ease pressure on its exchange rate, the report noted, adding that the financing will be given in three phases.   The first tranche of the loan was to be given last week, according to a top official of the BB quoted in the news report, while the remaining two tranches will involve $ 100 million each.  Accordingly, the BB is to give the first tranche for three months and if the CBSL fails to repay the loan within the deadline, it will get three more months to repay. If it fails to pay back again, it will be given three more months, the Bangladeshi news report stated.  Interestingly, Bangladesh has made history through this deal with Sri Lanka.  Nevertheless, the Chinese and Bangladesh deals are not sufficient to address the current economic crisis in the country.  The indication that things were far from returning to normal was highlighted last week by the tightening of monetary policies by the CBSL’s Monetary Board.  No more total secrecy Meanwhile, the Supreme Court (SC) observation on the proposed Finance Bill that grants a tax amnesty as well as permitting the non-disclosure of income sources was last week announced in Parliament by Speaker Mahinda Yapa Abeywardena.  The SC has held that the proposed Finance Bill, recently submitted by Finance Minister Basil Rajapaksa, could be passed with a simple majority in Parliament if amendments are made to a total of 12 sections in the Bill and one section of the Bill is deleted.   The Speaker informed Parliament on Tuesday (17) that Sections 4(1), 5(1), 5(2), 5(3), 5(4) and 5(5), 6(1), 7(1), 12b, 13(1), 14, and 20 of the Bill should be amended while Section 17 should be deleted entirely.   Section 4 deals with tax on voluntary disclosure.   Section 5 deals with the disclosure of undisclosed taxable supply, income, or asset.   Section 6 deals with immunity granted to declarants.   Section 7 deals with secrecy.   Section 12 deals with tax arrears to be written off in respect of certain individuals.   Section 13 deals with the penalty on tax in default that is to be written off.   Section 14 deals with tax arrears in dispute which are not to be written off.   Section 20 deals with various interpretations of words or phrases under the Bill.   Section 17 deals with assessments not being issued under certain laws.   A total of eight petitions were filed in the SC challenging the said Bill by several parties including the Janatha Vimukthi Peramuna (JVP), the Samagi Jana Balawegaya (SJB), the United National Party (UNP), and the Centre for Policy Alternatives (CPA).   On 29 July, the SC bench comprising Justices Priyantha Jayawardena, Kumuduni Wickremasinghe, and A.L. Shiran Gooneratne concluded the hearing of the petitions against the Bill.  Senior State Counsel (SSC) Nirmalan Wigneswaran, appearing for the Attorney General (AG), presented a list of amendments to the proposed Bill when the petitions were called up for hearing on 29 July and denied the allegation made by the petitioners that the passage of the proposed Bill would facilitate money laundering.   He noted that the Bill would not allow for such illegal activities and has been introduced to, instead, net a large number of tax evaders.   However, the amendments proposed by the SC would now remove the provision of total secrecy to persons who take up the proposed tax amnesty.  Therefore, while the source of earnings could be withheld by the individual, authorities will hold the right to investigate the origin of funds if such a probe is warranted.  Spotlight on Judiciary The Judiciary was also in the spotlight last week over an online meeting convened by the Judicial Services Commission (JSC).  Recent media reports claimed that judicial officers, including magistrates, have been instructed to use Sections 98 and 106 of the Code of Criminal Procedure, as amended, to control protesters and public gatherings due to the Covid-19 pandemic.  Section 98 of the Code deals with a conditional order for the removal or abatement of a public nuisance, while Section 106 of the same deals with the power to issue an immediate and absolute order in urgent cases of nuisance. The controversial instructions to the judicial officers had reportedly been issued at a recent webinar by the JSC titled, “Matters relating to judicial proceedings in the context of the Covid-19 pandemic”. The webinar had reportedly taken place on 13 August.  The JSC, comprising Chief Justice Jayantha Jayasuriya and Justices Buwaneka Aluwihare and L.T.B. Dehideniya, had conducted the webinar along with SC Justice Mahinda Samayawardhena.  According to a letter that was circulated on social media about the webinar, members of the Judiciary were warned that “failure to participate in this webinar will be taken into consideration when recommendations are made for promotions, annual salary increments, foreign training, and appointment to the High Court”.  Following the meeting, media reports further noted that several magistrates had expressed concerns over the alleged instructions at the webinar, as they felt it had implied subtle pressure on the judicial mind.  The discussion, deemed by detractors as exerting undue pressure on the Judiciary, was raised in Parliament by Janatha Vimukthi Peramuna (JVP) Leader Anura Kumara Dissanayake.  Responding to Dissanayake’s statement, Justice Minister M.U.M. Ali Sabry PC said the Justice Ministry would make an inquiry from the JSC on the matter and sought two weeks to revert.   “The JSC is independent and functions independently. The Government cannot influence it and we don’t plan on doing so either. We ask for two weeks to inquire from the JSC regarding the matter,” Sabry said in Parliament.   Meanwhile, the Bar Association of Sri Lanka (BASL) also expressed deep concern over certain media reports which detailed the JSC webinar.  The BASL noted that at least one official whose administrative orders and decisions form part of the matters that are currently under judicial consideration in several cases that have been filed or are pending before courts, had participated in the webinar.  It was highlighted that media reports on the same stated: 
  1.   That the issue of trade union protests and the role of the courts also came up for discussion; 
  2.   That judicial officers had been given instructions on the use of certain sections of the Criminal Procedure Code to control public gatherings on account of the pandemic situation in the country; 
  3.   That there was a perception among judicial officers that there was an effort to impress upon them to give orders, should the police request to curb protests. 
The BASL has noted that the contents of these reports impact the rule of law, the independence of the Judiciary, and public confidence in the administration of justice.  “The Constitution requires every judicial officer to decide every case based on the facts and circumstances of that particular case and the applicable law. Every party before court has an expectation that his/her case will be decided upon on its own merits, upon a fair hearing given to such party or his/her counsel. Any party including the State, if dissatisfied with such an order, is entitled to canvas the same by way of an appeal or revision application to an appropriate forum,” the BASL statement read.  It was further mentioned that litigants and their attorneys should have the confidence that judicial officers are free to decide cases on their own merits and not based on any other consideration.   Addressing Chief Justice Jayantha Jayasuriya, Justice Buwaneka Aluwihare, and Justice L.T.B. Dehideniya, the BASL has pointed out that the above are fundamental aspects of judicial independence and the rule of law.  “In these circumstances, whilst any move to conduct a meeting/webinar to create awareness among judicial officers of the seriousness of the pandemic and the need to ensure that the courts are administered, keeping in mind health guidelines, are most welcome, it is our considered view that the contents of such a meeting/webinar should not leave the impression, either in the mind of the participating judges or the public, that it has any bearing on the manner of the discharge of judicial functions or that it was intended to have the effect of stifling any judicial officer from the independent exercise of his or her judicial mind and discretion in a particular case based on the law and accepted principles of judicial interpretation,” the BASL had stated.  An official familiar with the decision-making process of the JSC told The Black Box that the event was planned due to the inconsistency in rulings given by magistrates on the topic of public protests during the pandemic.   The JSC last year had similarly issued written guidance to all magistrates and high court judges, urging them to take Covid-19 into consideration when making bail decisions, suggesting that bail be granted in cases judges otherwise would not, due to public health.   In the case of last week’s event, the official said that the goal of the JSC was to ensure that magistrates were equipped with all the relevant facts when ruling on public protests, much like last year’s guidance on bail. The spirit of the presentations, the official said, was not to influence the judicial mind, but like many other programmes at the Judges’ Institute, where the event was hosted, was to provide education on the laws, regulations, and guidelines that apply to attempts by the Police to curtail public gatherings during a pandemic, especially differentiating between the stifling of free speech and the prohibition of dangerous gathering.   “When there are so many overlapping factors from public health emergencies, individual liberty, the right to free speech and assembly, and the duties of the Police, it is the duty of the JSC to ensure that magistrates have all the relevant facts at their fingertips to then exercise their judicial mind independently. Ensuring they have the facts and context is not a blanket attempt to tell them how to rule on any given application, nor was there even a hint of any expectation that magistrates would be punished if they did not rule a certain way.”  Vatican monitoring  Meanwhile, the Catholic Church continued to mount pressure on the Government over what it termed as the delay in bringing to justice the culprits behind the 2019 Easter Sunday attacks.  The Catholic Church last week announced that the Vatican’s Commission on Justice and Peace is monitoring the progress of investigations into the Easter Sunday terror attacks in Sri Lanka.  “We still do not see the truth about this being revealed, so we are being forced to seek international assistance. We believe that His Holiness and the Vatican’s Pontifical Council for Justice and Peace are looking into this,” National Catholic Social Communication Centre Director and Kurana St. Anne’s Church Parish Priest Rev. Fr. Cyril Gamini Fernando said.  He further noted that the Catholic Church would have to embark upon a certain international-level process if the Government does not work towards serving justice to the victims of the Easter Sunday terror attacks of 21 April 2019, even after the black flag protest, which was to be staged yesterday (21).  Fr. Fernando has continuously maintained that the statement made by former AG Dappula de Livera about a massive conspiracy behind the bombings, needed to be investigated.   Meanwhile, Archbishop of Colombo Malcolm Cardinal Ranjith recently claimed that a public letter sent to President Rajapaksa on the investigations into the 2019 Easter Sunday terror attacks had not received a reply signed by the either the President or Secretary to the President Dr. P.B. Jayasundera.   “After waiting for 24 days, the reply we finally received was not a letter signed by the President or even the President’s Secretary, but a trivial letter signed by a lawyer attached to the Presidential Secretariat,” the Archbishop claimed.   In the letter referred to by Cardinal Ranjith, the Archbishop and the National Catholic Publishers’ Committee had urged President Rajapaksa to implement the recommendations of the Presidential Commission of Inquiry (PCoI) that probed the Easter Sunday attacks and to appoint an independent committee to investigate any political conspiracy behind the bombings.   The letter had also requested the President to respond in a satisfactory manner within a month.   It is in such a scenario that the Archbishop called on the Catholic community to stage a “black flag” protest on Saturday (21) over what the Catholic Church calls the continued inaction of the Government with regard to finding the perpetrators behind the attacks.   “We hope to express our disappointment through the black flag protest. If we could protest in the streets, we would already be on the streets. However, at this moment, due to the pandemic, it is not possible,” he said.   Despite a nationwide lockdown in place from Friday night, protests were held in some areas late Friday evening over the delay in justice for Easter Sunday attacks victims.  Sinhala, Tamil, and Muslim communities in the Negombo area had reportedly held a joint protest on Friday.  Protesters have demanded that the President respond to the letter sent by the Catholic Church and deliver justice to the victims by revealing the mastermind behind the attacks.  Meanwhile, All-Ceylon Makkal Congress (ACMC) Senior Deputy Leader Noordeen Mohamed Shaheid and the ACMC Secretary General S. Subairdeen, announced that the ACMC would extend its fullest support to the black flag protest.  Shaheid and Subairdeen claimed that the Muslim community stands in solidarity with the Catholic community, and stands with them in their call for justice for the Easter attacks and against undue delay in delivering justice and politically hindering the process of the investigation.  Meanwhile, nearly 30 police officers last week handed over a letter to Asgiriya Chapter Chief Prelate Most Ven. Warakagoda Gnanarathana Thera, requesting the thera’s intervention to rectify the injustice caused to several police officers by the decisions of the Easter attacks PCoI.  SDIG Nandana Munasinghe, SDIG Deshabandu Thennakoon, and Nuwara Eliya DIG Chandana Athukorala visited the Asgiriya Temple on Thursday and handed over a letter in this regard.  The senior police officers have informed the Chief Prelate that some of the police officers who have been working selflessly since the days of the war are at risk of losing their jobs and also their pensions, due to the recommendations of the PCoI on the Easter attacks, which was appointed during the previous Government.  The police officers maintain that they didn’t get any instructions from the Yahapalana Government to act on the information received on the Easter attacks. 


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