Mangala faces death threat over Defence Watch

SLFP (M) Convener, Mangala Samaraweera has charged in a letter to Speaker W.J.M. Lokubandara that his life is under serious threat following the launch of a new media unit titled ‘Defence Watch.’

Samaraweera in his letter dated November 7 to the Speaker has said that he had received ‘highly abusive and threatening’ telephone calls on November 5, a day after he had held the first press conference of Defence Watch. Defence Watch was launched as an alternate media unit by the Parliamentarian to counter the ‘misleading’ defence related news by the government.

Samaraweera in his letter alleged “the present administration while claiming to be waging war against terrorism, is in actual fact exploiting, endangering and sacrificing the lives of our valiant armed forces as well as those of innocent Tamil civilians in the north, in order to pursue a sinister political agenda of establishing a dictatorial police state.”

“As a person committed to democracy, moderation and racial harmony, I feel I can no longer remain silent in the face of this insidious attempt to bury our much cherished democratic traditions. As a senior Member of Parliament, I also owe it to the people who have placed their trust in me over the last 20 years, to raise my voice against this conspiracy to deceive and mislead the country,” he said.  

Samaraweera in his letter said that he had presented facts and figures contradicting the statistics given by the government, at the press briefing on November 4.

“The following day I started receiving highly abusive and threatening telephone calls, and I was told in no uncertain terms that my life will be jeopardy if I continue with Defence Watch and I was specifically asked not to criticise the Defence Secretary or the Army Commander,” Samaraweera has said in his letter.

In his letter, Samaraweera said that he had attempted to contact the IGP several times but was not successful in doing so. “Then I informed the director of the MSD who in turn requested me to get in touch with SSP Panadura. He promised to send a police team yesterday to record my statement along with the telephone numbers of calls in question; so far no one from the police has come.”

“This may not be the fault of the police, as I have reliable inside information that they are being pressurised by a leading official in the Defence Ministry not to record my statement,” Samaraweera said.

TN film stars turn on the heat

The Association of TV Artistes in South India has planned to hold a protest today, November 9 against attacks on Sri Lankan Tamils and for an immediate ceasefire, Tamil Nadu media reports said.

The protest follows a string of demonstrations by the Tamil film fraternity during the last few weeks in Tamil Nadu against the ‘genocide of Tamils in Sri Lanka.’

Tamil actors and directors held a protest at Rameshwaram on October 19 and subsequently in Chennai on November 1.

The Film Employees’ Federation of South India (FEFSI) had also observed a similar fast in Chennai on Wednesday (5) with the participation of actors including Vishal and Vijay among many other celebrities. FEFSI passed resolutions calling on the state and the central governments to intervene and take steps to ensure a ceasefire in Sri Lanka.

Veteran film director K. Balachandar said at the protest that it was the fourth phase of a series of demonstrations and added it would continue.

Director Bharathiraja said if the centre wanted, it could stop the war in Sri Lanka.

“Any delay in handling the issue would only result in the wiping out of Tamils in Sri Lanka,” he said. The fans of popular actors had also staged a one day fast last Thursday in many parts of Tamil Nadu. The fast, which commenced Thursday morning all over Tamil Nadu was held in prominent places, according to reports, in an effort to attract attention of the Sri Lankan Government against the genocide of ethnic Tamils.

Indian media reported that the fans of popular Tamil Nadu actors Rajinikanth, Kamal Hassan, Vijay and Ajith and directors Cheran, Seeman and Ameer staged the fast.

Kamal Hassan had called upon his fans not to celebrate his birthday, which fell on November 7 while the Tamils in Sri Lanka were suffering.

TNA awaiting invite to APRC

The Tamil National Alliance (TNA) last week said it was yet to receive an official invitation by the government to participate at the All Party Representatives Committee (APRC).

APRC Chairman Prof. Tissa Vitharana had on Tuesday invited the UNP, JVP and TNA to join the APRC proceedings to work out a political solution to the national question.

Prof. Vitharana said that the 86th session of APRC deliberations was held on Monday (3).  According to Prof. Vitharana, there are 13 political parties inclusive of 11 government and two opposition parties.

The JVP and the UNP have continued to boycott APRC meetings since 2006 and 2007 respectively.

TNA Parliamentarian, Mavai Senathiraja told The Sunday Leader that the party would take a decision on whether to participate at APRC meetings once it receives the official invitation by the government.

“There has been an invitation by the government for the TNA to take part at the APRC meetings. But, we still have not received an official invitation requesting the party to take part at these meetings. We can only take a decision once we receive an official invitation,” Senathiraja said.

It was also reported that a TNA delegation  would be going to India to meet  politicians of the central government. Senathiraja however said that the visit was still tentative and the dates of the visit have not been decided. 

A delegation of the TNA, which was in Tamil Nadu last month had met Tamil Nadu politicians and artistes who staged protests against the attacks on Tamils in Sri Lanka.

Civil society groups withdraw from CoI

Seven civil society organisations involved with the proceedings of the Commission of Inquiry (CoI) into human rights violations have withdrawn from their observer status with immediate effect.

The civil society organisations in a joint letter to the chairman of the CoI last Thursday (6) said that the commission had been successful in completing only one out of 16 cases within its mandate, since its inception in November 2006.

The organisations that signed the letter are Centre for Policy Alternatives, Home for Human Rights, INFORM, Law & Society Trust, Mothers and Daughters of Lanka, Rights Now - Collective for Democracy, and Sri Lanka National Commission of Jurists.

The letter said that serious concerns persisted regarding the commission’s transparency and independence that detract considerably from its credibility.

The concerns included issues such as the President’s arbitrary decision to prevent testimony through video conferencing that has undermined the commission’s founding principle of independence and the commission’s failure to take any notable action to address the breakdown in witness protection, or constructive response to the recommendation for improvements.

The letter also said the involvement of the Attorney General’s office as the Commission’s Official Bar of counsel raises fundamental questions of independence and impartiality, as the AG’s office vocally defends the state against accusations of grave human rights violations, and had an instrumental role in the earlier investigations in Case No. 2 under inquiry by the commission.

The organisations also said that during the testimony by a Lieutenant of the Sri Lanka Navy it became evident that the witness had obtained a copy of Commission proceedings through inappropriate means and that the Commission desired to conceal such information from the civil society members and the general public.

The organisations pointed out that the President had also exercised undue influence in directing the resignation of a Commissioner.

The civil society organisations while reaffirming their concerns for the safety and dignity of vulnerable witnesses said that participating in the proceedings of the commission “cannot ensure the protection and dignity of vulnerable witnesses, nor justice for the long-suffering family members of the victims.”

“Our retirement notwithstanding, we will file a separate submission detailing our observations and analysis of the evidence disclosed and witness testimony examined during our participation before the Commission by December 1, 2008.”

UPFA leaders meet to discuss polls

President Mahinda Rajapakse has called for a meeting of UPFA party leaders to discuss the possibility of holding an early poll.

The President is to discuss the dissolution and calling for elections of the Western and Central Provincial Councils at the meeting scheduled for tomorrow (10).

Last week, the President summoned a meeting at Temple Trees with the provincial council members of the Western and Central Councils to also discuss the possibility of dissolving and calling for elections for the councils before their terms ended.

The provincial polls are planned on the premise that Kilinochchi will be liberated by December before the anticipated dissolution, informed sources said.

These sources said the President is also toying with the idea of dissolving parliament after April 22, when five years of the UPFA administration is completed and the MPs are entitled to a pension.

Wanni gets cadjan  for shelter

By Arthur Wamanan

The government has decided to send cadjan to the Wanni as shelter materials due to security reasons.

Commissioner General of Essential Services, S.B. Divaratne told The Sunday Leader that the United Nations High Commission for Refugees had requested for cadjan while the Government Agents of Kilinochchi and Mulaithivu had requested for tarpaulins.

“We have said that we will consider about sending trampoline due to security reasons,” Divaratne said. He also said that they will send mosquito nets and plastic water tanks to the Wanni.

The monsoon rains, which began in mid October, had ceased during the last two weeks. Divaratne said that the IDPs needed to be provided with items such as mosquito nets immediately after the rains. 

“The shelter materials will be sent together with the next UN convoy, provided the UNHCR procures the items during this week,” Divaratne added.    

The government and the humanitarian agencies, according to Divaratne, are carrying out transportation of food and essential items frequently.

Divaratne said that a buffer stock had already been established in the Wanni and added that most of the stores were already full. “There are difficulties in storing newly sent food items, as most of the stores are full. There are no problems in the Wanni as far as food items are concerned. They are sent on a regular basis,” Divaratne said.

RSF condemns Govt. for media suppression

Reporters Without Borders has condemned the government for putting pressure on the media that led to the cutting short of a live debate programme.

Government pressure allegedly resulted in Ira Anduru Pata being cut short as it was being broadcast live on the evening of November 4 on state TV station Rupavahini. It had ended a discussion of a new broadcasting law by three guests, including Free Media Movement convener Uvindu Kurukulasuriya.

The presenter had announced a break for advertisements after 45 minutes, but the rest of the programme, which normally lasts two hours, was suppressed. Kurukulasuriya had been criticising the government’s media policies before he was censored. It was the first time in nine years that this press freedom activist was invited to speak on Rupavahini.

This censorship came as widespread criticism forced the government to retreat on its newly-introduced Private Television Broadcasting Station Regulations. Noting the government’s decision to suspend the regulations, Reporters Without Borders said,: “This law is extremely dangerous for media freedom. Delaying its implementation is not enough. Its content needs to be changed radically.”

After receiving representatives of journalists’ organisations and media owners, Media and Information Minister Anura Priyadharshana Yapa had announced that implementation of the new regulations would be suspended for a month, and he gave the media two weeks to submit their proposals for amendments.

Four people, including Kurukulasuriya as FMM representative, had filed a petition before the Supreme Court challenging the regulations, which were published in the official gazette on October 10 without any form of prior consultation.

The new rules would restrict development of privately-owned TV by increasing the government’s control over the issuing and withdrawal of broadcasting licenses, which would have to be renewed annually.

Unions to strike on salary issue

The JVP affiliated National Trade Union Centre (NTUC) on Friday pledged to take trade union action against the government for its failure to grant a salary hike to the working masses, Convener, NTUC, Samantha Koralearachchi said.

According to Koralearachchi, President Mahinda Rajapakse’s failure to give a salary increase to the public, private and estate sectors in the 2009 budget would be the cause for agitation  by  trade unions as well as political parties against the government. 

“The President has not only failed to consider our demands but has also failed to provide any relief to the people in general,” Koralearachchi told The Sunday Leader. (NK)

AGM of Stassen Exports postponed

The Annual General Meeting of Stassen Exports and Milford Exports was postponed on an undertaking given to the Commercial High Court of Colombo by Harry Jayawardene following action filed by two directors challenging the right of the Managing Director to appoint his wife K.J.P. Jayawardene as a director of the two companies.

It was agreed in court that the AGM scheduled for Monday, November 10 will not be held until court issues judgement on the applications for interim orders made by the two Directors, Raj Obeysekera and Zaki Alif.

Two directors of Stassen Exports and Milford Exports (Ceylon) had filed separate actions in the Commercial High Court, seeking an order to restrain the presentation of a board resolution by Harry Jayawardene appointing his wife to the board of directors of both companies.

R.K. Obeysekera and Zaki Alif filed separate actions, which also sought a court order to restrain the two companies from considering, passing or voting upon the purported resolution.

Appearing on behalf of the petitioners, Romesh De Silva (P.C.) submitted that the late Dr. V.P. Vitachi, Obeysekera and Alif formed Stassen Exports and Milford Exports (Ceylon) together with Harry Jayawardene and acted as "de-facto partners."

He alleged that Jayawardene conducted the affairs of Stassen Exports and Milford violating the foundation and the basis of the companies formed, and accused Jayawardene of conducting himself in a manner oppressive to Obeysekera and Alif, reminding court that two actions were instituted earlier to maintain the status quo of the board of directors of the companies.

At the time those actions were filed however, there was no imminent threat of the status quo changing, said De Silva, and that therefore the two petitioners at that time did not obtain an interim order in those applications.

However, Dr. Vitachi passed away on September 10, while these two actions were still pending, and it was after this on October 24 that Jayawardene proposed his resolution appointing his wife, K.L.P. Jayawardene, to the boards of the two companies.

Romesh de Silva further informed court that Jayawardene's resolution blatantly violates the provisions of the Companies Act as it was not included in the agenda, and therefore proposed that the court make an interim order preventing the resolution from being included at the Annual General Meeting scheduled to be held tomorrow, November 10.

He also asked the court to make an order that the present status quo prevail until the final determination of this action.

Nihal Fernando, P.C., appearing on behalf of Harry Jayawardene, vehemently objected to the granting of the interim order.

Having heard the lengthy submissions by both counsel, High Court Judge Rohini Walgama inquired from both parties whether they could agree not to take up the resolution to appoint K.L.P. Jayawardene to the boards of Stassen and Milfred Exports until court makes a ruling in regard to the interim order.

Nihal Fernando agreed to adjourn the entire Annual General Meeting until court makes an order in respect of the interim order and the Petitioner's Counsel too agreed to this suggestion.

The Commercial High Court finally recorded that no AGM will be held tomorrow and that an AGM will not be held until the court makes an order in regard to the applications for interim orders by Obeysekera and Alif.

Limited objections by Harry Jayawardene to the application are to be filed on November 14 court further recorded, and counsel for the petitioners reserves the right to seek permission from court to file counter-objections subject to Jayawardene's objections.

Both the petitioners and respondents are to file written submissions on November 24, and court reserved its order for December 8.

Romesh de Silva, PC with Chanaka de Silva, Aruna Samarajeeva, Sugath Caldera, Shanaka Cooray, Eraj de Silva, Attorneys at Law, instructed by G.G. Arulpragasam, Attorney at Law, appeared on behalf of Obeysekera and Alif.

Nihal Fernando, P.C., instructed by M/s D.N. Thurairajah and Co, Attorneys at Law, appeared on behalf of Harry Jayawardene.

Appointed JP

Kingsley Goonetilleke of Nawala took oaths recently as a Justice of Peace for the whole island at the Nugegoda Magistrate’s Court. He is a well known planter and has served the Sri Lanka Plantations Corporation for 18 years, as a board member and a regional director and also as deputy general manager - estates at its head office in Colombo

After retirement he served as consultant to the Restructuring Unit of the Plantation Sector, Mid Term Investment Programme of the World Bank and the Plantation Management Monitoring Board.