Not devolving police powers under 13A non-negotiable, Gota tells Menon Unlucky 13A must go as it violates public rights: Petitioner - By Wasantha Ramanayake - The 13th Amendment to the Constitution is a continued violation of the rights of the public because it was not approved by the people at a referendum as per Supreme Court decision and certified by the then President to become a law, a head of a charity NGO complained to the Supreme Court asking the law to be struck down. As the full implementation of 13 A is imminent, there is an aspect of imminent violation of her rights as well as that of the general public, petitioner M.S. Padmapriya Siriwardana of Negombo further stated, filing her rights violation petition in the Supreme Court. The petitioner stated that the 13th Amendment to the Constitution was passed by the Government under tremendous pressure both internally and externally. “The terrorist threat from inside and the threat of war from the neighbouring superpower India finally resulted in a forced accord signed between the two countries India and Sri Lanka,” she pointed out. She argued the then President J.R. Jayewardene was forced to implement the accord through the 13th Amendment to the Constitution and had to suppress public opposition to the accord. President Jayewardene referred the 13th Amendment Bill and the Provincial Councils Bill to the Supreme for it decision to consider their constitutionality. The majority of the Supreme Court decision was that the 13th Amendment Bill should be approved by the people at a referendum. The Bill was passed by 136 voting for and 11 voting against it. The Bill was certified by the Speaker on November 17, 1987. However, a referendum was not held to get the people’s approval for the Bill as intended by the majority decision of the full Bench of nine judges of the Supreme Court, the petitioner stated. In these circumstances, the petitioner argued, that the Supreme Court has the inherent jurisdiction to intervene when there is a continued violation of the Supreme Court decision. Therefore, she argued that the Supreme Court has the inherent power to hear the petition even if her rights plea is outside the fundamental rights jurisdiction of the court. The petitioner argued that the implementation of the 13th Amendment was a continued infringement of the rights of the petitioner and also there is an imminent infringement of the petitioners as well as the rights of the public in case it is fully implemented. She sought the court to declare the 13th Amendment null and void as it infringed her rights. The petitioner cited the Attorney General, Speaker Chamal Rajapaksa and Local Government and Provincial Councils Minister A.L.M. Athaulla as respondents (Sunday Times : 14 July 2013). Not devolving police powers under 13A non-negotiable, Gota tells Menon - Exclusive one-on-one talks between top officials - by Shamindra Ferdinando - Defence Secretary Gotabhaya Rajapaksa has told Indian National Security Advisor Shiv Shanker Menon that devolution of police powers under the 13th Amendment to the Constitution would be inimical to Sri Lanka’s national security interests and therefore the issue was not negotiable. The Defence Secretary had reiterated the government’s position at a one-on-one meeting with Menon, one-time India’s High Commissioner in Colombo at the Ministry of Defence in Colombo last Monday (July 8). Authoritative sources told The Sunday Island that the meeting took place on the sidelines of the second National Security Advisor (NSA) level meeting on trilateral cooperation on maritime security among India, the Maldives and Sri Lanka. The first meeting took place in the Maldives.There hadn’t been any reference to the one-on-one meeting in official statements issued by the governments of India and Sri Lanka.Secretary Rajapaksa has emphasized that the devolution of police powers wouldn’t benefit Tamil speaking community. Instead it would only create turmoil, he has asserted.While acknowledging the Defence Secretary’s concerns, Menon has said that there should a separate mechanism to address the issue due to the Indian factor.Contrary to some media reports, the contentious issue of Indian fishermen poaching in Sri Lankan waters hadn’t been taken up at the Rajapaksa-Menon meeting. However, the Defence Secretary emphasized the need to take tangible measures to stop poaching during trilateral talks involving Indian, Maldivian and Sri Lankan delegates. The Maldives was represented by Mohamed Nazim, Minister of Defence and National Security.This meeting took place before the visiting dignitary met President Mahinda Rajapaksa and External Affairs Minister Prof. G. Peiris at the President’s House. A spokesperson for the President’s Office quoted President Rajapaksa as having said that devolution of police as well as land powers to provinces would cause problems. Economic Affairs Minister Basil Rajapaksa and EPDP leader Douglas Devananda too attended that meeting. Menon was here for two days at the beginning of last week. The third NSV level meeting will take place in New Delhi next year. Addressing a group of journalists at Temple Trees recently, President Rajapaksa said that Menon was coming here for NSA-level trilateral talks though a section of the media portrayed the visit as one to discuss the current political developments, particularly the 13th Amendment to the Constitution. India’s Ministry of External Affairs didn’t make any reference to specific concerns expressed by Defence Secretary Rajapaksa though a press statement issued by the ministry referred to discussions Menon had held with the Rajapaksa brothers, Mahinda, Basil and Gotabhaya. The ministry said that the discussions focused on post-war Indian led projects implemented in Sri Lanka, the fishermen’s issue, national reconciliation through meaningful devolution and Sri Lanka’s commitment to go beyond the 13th Amendment to the Constitution in accordance with commitment given to India and rest of the international community (Island : 13 July 2013).
Posted on: Mon, 29 Jul 2013 13:48:24 +0000