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Anti-terrorism Bill will be changedThe highly controversial Antiterrorism Bill is subject to amendments and changes in Parliament and as such no one should have any fear or feeling of threat from the proposed Bill, Justice Minister Dr. Wijeyadasa Rajapakshe said. The government is aware of concerns raised by the global and local community on certain provisions contained in the draft of the Anti-terrorism Bill and the Government is ready to alleviate them by discussion, compromise and flexibility, he added. Addressing a news conference at the Information Department auditorium, Minister Rajapakshe said the Prevention of Terrorism Act (PTA) passed in 1979 under President J.R. Jayewardene’s rule as a temporary measure to counter the emerging separatist insurgency. The PTA has been misused and exploited by successive Governments since then for their personal and political...Read More...
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WhatsApp adds option to use the same account on multiple phonesWhatsApp users are no longer restricted to using their account on just a single phone. Today, the Meta-owned messaging service is announcing that its multi-device feature — which previously allowed you to access and send messages from additional Android tablets, browsers, or computers alongside your primary phone — is expanding to support additional smartphones. “One WhatsApp account, now across multiple phones” is how the service describes the feature, which it says is rolling out to everyone in the coming weeks.Read More...
Setting up a secondary phone to use with your WhatsApp account happens after doing a fresh install of the app. Except, rather than entering your phone number during setup and logging in as usual, you instead tap a new “link to existing account” option. This will generate a QR... -
CBK commends Dr. Shafi’s noble gesture of donating past salary to buy essential medicineFalsely accused by racist elements for alleged illegal sterilisation, Kurunegala Teaching Hospital doctor says racism will not take country or organisation forward except make poor people suffer more; calls on all to make Sri Lanka racism-free Former President Chandrika Bandaranaike Kumaratunga has commended Dr. Mohamed Shafi Shihabdeen over his gesture of donating the past salaries amounting to Rs. 2.6 million during his suspension and imprisonment on false charges to buy essential medicines. Chandrika Bandaranaike KumaratungaRead More...
Dr. Mohamed Shafi Shihabdeen
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Dr. Shafi donates arrears of his salary to purchase medicines for hospitalsDr. Shihabdeen Mohamed Shafi, the doctor at the Kurunegala Teaching Hospital has decided to donate arrears of his salary amounting over Rs. 2.67 million for the purchase of essential medicines for hospitals.
Dr. Shafi who was on compulsory leave on charges of performing infertility surgery, has received a cheque of over Rs. 2.67 million salary arrears from the Health Ministry last week.
The salary arrears include the basic salary, interim allowance, cost of living, and allowance in lieu of pension for the period of compulsory leave imposed on Dr. Sihabdeen.
Dr. Shafi who was employed at the Kurunegala teaching hospital was arrested on May 25th, 2019, on charges of performing infertility surgery.
On July 25, 2019, the Kurunegala Magistrate’s Court ordered that the doctor be released on bail.Govt. used Sinhala-Buddhist shield to its maximum benefit Ven. Galkande Dhammananda TheraThis Govt. nurtured thug-like monks promoted them and deployed them in various places Certain monks have severe psychological wounds If society isn’t healed cases of domestic violence, harassment and child abuse will be on the rise Reconciliation was about having workshops, providing a report and earning dollars Accountability has not been included in the Constitution or the Judicial system Terrorism sprouts in a country that has no justice Ven. Galkande Dhammananda Thera who currently heads the Walpola Rahula Institute for Buddhist Studies has been addressing issues related to social justice and harmony while promoting an inclusive and plural society. Having gathered a wealth of experience during the height of war for instance and having encountered various incidents during his lifetime, Ven. Dhammananda Thera has...Read More...Health ministry to pay back-wages for Dr. Shafi before July 10The Ministry of Health today gave an undertaking before the Court of Appeal that the salary and allowances payable to Dr. Shafi Shihabdeen will be paid before July 10 this year. The Ministry of Health gave this undertaking pursuant to a writ petition filed by Dr. Shafi Shihabdeen, who was at the centre of the controversy surrounding the alleged sterilisation of female patients. The Director General of Establishment at the Ministry of Public Services had earlier informed the Court that the basic salary, interim allowance, cost of living and allowance in lieu of pension could be paid to Dr. Shafi Shihabdeen, for the compulsory leave period. Meanwhile, the petitioner expressed willingness to attend the preliminary inquiry before Director of Kurunegala Teaching Hospital Dr. Chandana Kendangamuwa. Taking into consideration the facts,...Read More...Sri Lanka court orders release of lawyer held for two yearsA Sri Lankan court has ordered the release on bail of a lawyer arrested over his alleged links to the 2019 Easter Sunday bombings and held for nearly two years on charges rights groups say lacked credible evidence. Hejaaz Hizbullah was arrested in April 2020 and accused of being linked to the attacks on churches and hotels that left 279 people dead. But after prosecutors failed to provide evidence of his involvement in the attacks, blamed on a local group, he was instead Read More...Hejaaz Hizbullah leaves from remand custodyAttorney-at-law Hejaaz Hizbullah today left from remand custody after fulfilling his bail conditions before Puttlalam High Court.Read More...
He was incarcerated for 22 months for allegedly committing offences come under the Prevention of Terrorism Act.Last Monday (07), the Court of Appeal ordered to release Hizbullah on bail pursuant to a revision application filed on behalf him.Hizbullah was ordered to be released on a cash bail of Rs.100,000 with two sureties of Rs.500,000 by Puttlalam High Court Judge Kumari Abeyratne. He was further ordered to report to the DIG office of Puttalam Police Division every second and fourth Sunday of every month.An indictment under the Prevention of Terrorism Act and the International Covenant on Civil and Political Rights (ICCPR) Act has now been served on Hejaaz Hizbullah. According to the indictment, Hizbullah...හිජාස් ගෙදර යයිRead More...
(නිමන්ති රණසිංහ සහ හිරාන් ප්රියංකර ජයසිංහ) ත්රස්තවාදය වැළැක්වීමේ පනත සහ සිවිල් හා දේශපාලන අයිතීන් පිළිබද ජාත්යන්තර සම්මුති පනත ප්රකාරව චෝදනා ලැබ වසර දෙකකට ආසන්න කාලයක් රක්ෂිත බන්ධනාගාර ගත කර සිටි නිතීඥ හිජාස් හිස්බුල්ලා මහතා අභියාචනාධිකරණ නියෝගය ප්රකාරව ඇප මත මුදාහැරීමට පුත්තලම මහාධිකරණය අද (09)...Court of Appeal grants bail on Hejaaz HizbullahThe Court of Appeal today ordered to release Attorney-at-law Hejaaz Hizbullah on bail after nearly two years in detention and remand custody. Accordingly, the Court of Appeal directed the Puttalam High Court to release Hejaaz Hizbullah on bail with suitable bail conditions. The Court of Appeal two-judge-bench comprising Justice Menaka Wijesundera and Justice Neil Iddawala made this order taking into consideration a revision application filed on behalf of Hejaaz Hizbullah. The Attorney General did not raise objections to release Hizbullah on bail. On January 28, an application made by the defence requesting to release Attorney-at-law Hejaaz Hizbullah on bail was rejected by Puttalam High Court. The High Court Judge Kumari Abeyrathne refused to grant bail citing that she has no jurisdiction to grant bail under the Prevention of Terrorism...Read More...- 1
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Thursday, 26 January 2017 08:23
Impact Of Buddhism, Politics & Corruption On The Rule Of Law
By Mass L. Usuf –
“Our lives begin to end the day we become silent about things that matter.” ~ Martin Luther King Jr.
My interest in writing this opinion is solely in relation to the Rule of Law (ROL) and its application in post-conflict Sri Lanka. There were promises echoed from the stages of both the Presidential and General elections with much hype, to transform Sri Lanka into an exemplary nation. Nearly two years after, even a semblance of this looks a distant mirage?
Events of the recent past indicates that there are at least three areas which impact on the ROL locally. They are Buddhism, politics and corruption. These three are intertwined and difficult to manage. For instance, politics is tainted with Buddhism and corruption. The solution is to first untwine and separate each of these from the other and, secondly, to distance each of these three factors from this idea of the ROL. To do this there are certain conditions precedent :
- Determination (firm and sincere), to establish a decent civil society;
- Positioning (truly), the interest of the nation above personal interests, ambitions and political party pursuits;
- Inclination (strong), towards upholding truth and justice;
- Resolution (unswerving), to apply the law equally to all including the monks and politicians; and,
- Courage, bravery, impartiality and the real character of patriotism.
It is apt to refer to a statement by the Late Justice Weeramantry, “there can be no democracy in a country unless the rule of law prevails at every level from the humblest to the most exalted citizen.”
Are these monks alone?
For the sake of brevity, I will confine myself only to the first of these three i.e. Buddhism. As far as Buddhism is concerned the excellence of it’s teachings is well known worldwide. What is not equally known is the irreparable damage that is being done to Buddhism. There have been several scholarly opinions expressed in the Colombo Telegraph time and again, mostly written by Sinhala Buddhists. Almost all of which expressing concern on the same lines namely, the damage being perpetrated on Buddhism. Strangely, not by any non-Buddhist but by the Buddhists themselves. More so, by some of those who have chosen to adopt the strictures of Buddha and donned the saffron robe. Are these monks alone? Nay, they are ably supported by the cohorts within the bureaucracy and those outside. Evidently for their selfish political gains and, the cunning foxes among them, eyeing greater political ambitions in the future.
Racialist nationalism and buddhism are opportunistic slogans used by these so called ‘patriots’ and ‘saviours’. The Rule of Law for such elements is an obstacle.
Is Buddha A Prophet Of Islam?
This is a subject of much intellectual debate and scholarship. I must make mention of this in passing. Some may feel uneasy or even jealous arising from a sense of possessiveness that a Muslim is writing about Buddhism. Be aware that Buddhism is a universal message and not the private property of the Sinhalese. I love Buddhism and I love the Buddhism in it’s original form. I, obviously, do not love the corrupted version of Buddhism as it is commonly being practised today.
My love for Buddhism stems from my adherence to Islam. It teaches that to every nation messengers and reformers have been sent at different times. Such Reformers preached what was suitable for that time and for those people.
“And for every community or a nation, there is a Messenger;” (Quran, Chapter 10 Verse 47)
“Truly We inspire you, as We inspired Noah, and the prophets after him, as We inspired Abraham and Ishmael and Isaac and Jacob and the tribes, and Jesus and Job and Jonah and Aaron and Solomon, and as We bestowed unto David the Psalms;”
“And Messengers We have mentioned to you before, and Messengers We have not mentioned to you,…” (Quran, Chapter 4 Verse 163–164)
Note the last sentence, ‘Messengers We have mentioned to you before, and Messengers We have not mentioned to you’. A subject under study is if Buddha can be among one such Reformer who has not been mentioned but was Awakened to guide and reform mankind. Most of what he preached within the context of his time is in harmony with the progressive teachings of Islam. The final Reformer being Prophet Muhammed (Peace be upon him). This is, however, a totally different subject which can be dealt with on a later occasion.
Environment Of Impunity
It would be really humorous to think of a group of Congressmen writing a letter to their President, Barrack Obama, requesting him to take into custody and charge a suspect for inciting hate. Sadly, what would be considered a joke in the United States of America is a reality in Sri Lanka. Last month, (2nd December 2016) a letter was addressed to President Maithripala Sirisena signed by twenty one Muslim Parliamentarians requesting him “to take all extremists who are causing hate amongst communities into custody and charge them for inciting hate.” Does this action of the Members of Parliament demonstrate the absence of the normal standards of the Rule of Law? Something is amiss to require the intervention of the Chief Executive of the country over a simple investigation and prosecutorial matter. What is clear from this is the environment of impunity that has been created by the politicization of the Executive by successive governments. Wither the Rule of Law. In the absence of ROL chaos reigns and democracy diminishes.
I Will Kill You!
The virtues of the Noble Eightfold Path are very well known to the monks than to the layman. Despite this, it is alleged that Ampitiye Sumanarathana, a monk, by his conduct has either directly or indirectly brought disrepute to Buddha, Buddhism and to the respected venerable monks in the most offensive and disparaging manner. He is perceived by many to have violated these virtues by spewing out hate filled, abusive and derogatory words against another human being.
The essence of Pancha Sila (five virtues) is boundless compassion (metta). One of the virtues of the pancha sila is to abstain from killing (Panatipata). Monks take this pledge daily and also asseverates this virtue to the laymen everyday. It was shocking to see a monk who utters “Panatipata veramani sikkhapadam samadiyami: I undertake the precept to refrain from destroying living creatures”, threatening a government servant saying, “I will kill you”. Ironically, in the presence of the Police who are also government servants.
Reflect for a while at the Sila (purity of conduct) Samadhi (Tranquility) and Panna (Insightful wisdom) of this monk. (see video: CT, 12.11.2016). How many times would he have hypocritically mentioned “Sabbe satta bhavantu sukhitatta” (May all beings be happy) in Metta Bhavana (Loving-Kindness meditation)?
Who is bringing disrepute to, and destruction of, Buddhism?
Nexus Between Buddhism And The ROL
Were the laws of this land relaxed just because he is a monk? Does wearing the saffron robe entitle one to make threats against the life of another citizen? Do they enjoy the status of primus inter pares (first among equals) and have stationed themselves beyond justice? Sarcasm would have it that the traditional concept of Separation of Powers be reviewed to include these unbuddistic monks as a new entity along with the Legislative, Executive and the Judiciary.
Here comes the nexus between Buddhism and the ROL.
- Article 12 (1) of the Constitution? “All persons are equal before the law and are entitled to the equal protection of the law.”
- Article 9 of the Constitution? “… it shall be the duty of the State to protect and foster the Buddha Sasana…”.
- The Police Ordinance Section 79 (2)? “Any person who in any public place or at any public meeting uses threatening, abusive or insulting words or behaviour ……., shall be guilty of an offence under this section”.
- The Prevention of Terrorism Act Section 2 (1)(h)? “Any person by words either spoken …………. causes or intends to cause commission of acts of violence or religious, racial or communal disharmony or feelings of ill-will or hostility between different communities or racial or religious groups …. Shall be guilty of an offence”.
- The several Penal Code provisions relating to hate speech, threat of injury to Public Officer, criminal intimidation etc. all of which are offences.
Dear Mr. President and Mr. Prime Minister, what happened to that passionate election pledge that the Rule of Law shall be established?
Gnanasara’s rendezvous with President and the ROL
Gnanasara who famously called H.E. President Maithripala Sirisena, “rukada nayakayek – a puppet leader”, and demanded, ජනාධිපති තුමනි, ඔබ වහාම ඉල්ලා අස් වෙන්න “President, you resign immediately” is also on record stating among other matters, as follows:
To be continued…..
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