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7th March 1999
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Catholic group files rights plea against April 1

By Ayesha R. Rafiq
A prominent Catholic body has filed a fundamental rights application in the Supreme Court, asking that the date of the provincial council elections be changed. 

The Diocesan Union of Colombo, which looks after the interests of the Roman Catholics in the Colombo district, has stated in its petition that April 1, scheduled date for elections to five provincial councils, coincides with Holy Week, an important week in the religious calendar of Catholics. 

Holy Week is celebrated in memory of Jesus Christ's last week of mortal life, and is even more important than the celebration of Christmas. 

The petitioners submitted that 'the cornerstone of the Roman Catholic faith is the suffering, crucifixion and resurrection of Jesus Christ,' which is celebrated during Holy Week, which falls between March 29 and April 4. 

Holy Thursday which falls on April 1, commemorates the day of the Last Supper of Jesus Christ. On this day, the Bishop of each diocese celebrates a special mass, and the faithful continue with prayers till midnight. 

The petitioners have submitted that on election day, several hundreds of Roman Catholic churches, Church Halls and schools will be requisitioned to be used as polling stations and as temporary barracks for security forces, and as such will be inaccessible and of no use to worshippers wanting to attend the Holy Thursday and Good Friday services. 

They have also expressed the fear that worshippers will not be able to participate in religious worship due to the common incidence of large- scale post election violence. There will also not be an atmosphere conducive to religious worship in the run-up to the polls due to the tensions between rival political parties, they submitted. 

In support of this the petitioners cited several incidents of widespread post election violence such as those following, the Wayamba PC elections held in January and the Local Government elections of March 1997. 

Stating that the elections commissioner has not yet taken any disciplinary steps regarding the violence at the Wayamba PC elections, the petitioners believe that a curfew will have to be imposed for several days to curb violence, and they will thus not be able to conduct religious observations. 

The petitioners pointed out that requests had already been made to the Elections Commissioner by the Archbishop of Colombo, Bishop of Chilaw, members of the Catholic clergy. 

They have submitted that the Elections Commissioner's action in fixing the date of the election for April 1 is arbitrary , illegal, capricious and done with an ulterior motive violative of the petitioners' fundamental rights, and that the Supreme Court declare as such. 

The petitioners submitted that while directed to set a date within three months of January 27, the Elections Commissioner could have picked a date which did not coincide with Holy Week. 

They have asked that the date of the elections be changed to another date within the time limit set by the Supreme Court. 

The Elections Commissioner and the Attorney General have been cited as Respondents. 

L.C. Seneviratne P.C. and Ronald Perera appear for the petitioners. 


Don't budge from April 1 date says Bhoomiputra 

The Sinhalaye Mahasammata Bhumiputra Party on Friday filed papers in the Supreme Court asking that the date of the provincial council elections not be changed. 

They have sought intervention in the matter after the Attorney General filed an application in the Supreme Court seeking to alter the date of the elections. 

The case is due to be taken up on March 9. 

Meanwhile, the case filed by the Attorney General seeking an alteration in the date of the elections will also be taken up on March 9. 


Short-listing of winners shortly

Editors Guild Awards-1998

Award winners in the competition arranged for journalists by the Editors Guild of Sri Lanka will be announced next month, the Guild said. 

The Editors Guild, in a news release said 123 entries from the print media were being considered in five categories, the journalist of the year, the Photo - journalist of the year and excellence in journalism. 

The panel of judges comprises Ranjith Wijewardena, (President of the Newspaper Society of Sri Lanka.) Hector Abhaywardena Founder Editor of The Nation) G.S Perera (Former Editor of the Dinamina and one time Member of the Press Council) S.T Sivanayagam (Former Editor of Chintamani and Dinapathi) Edmund Ranasinghe (Director Editorial Upali Newspapers Ltd) And Amal Jayasinghe (Bureau Chief Agence France Presse) The judges have had four rounds of meetings and have informed the Guild that they will short -list the finalists in about a fortnight's time, after which they will proceed to select the winners. 

The recipients of the Awards would be announced at the awards ceremony hosted by the Guild next month. 

The scheme is co- sponsored by Union Bank,CTC Eagle Insurance and E.A.P Technologies Pvt .Ltd." 


Brickbats for clay rogues 

By Tissa Liyanage
Brick and tile clay resources in the Waikkkal are being excessively tapped and these non-renewable substances will become extinct if this trend continues, a top geologist has warned. Dr. N. P. Wijeyananda, Director of the Geological Survey and Mines Bureau said: "Some people in the clay industry were indulging in illegal tapping during week-ends when no official monitoring could be done." 

He proposed that as a means of checking the abuse an alternative tile which has a lesser content of clay but with a better quality and which is lighter in weight should be introduced. 


No more Malathion 

By Faraza Farook
The battle agents of malaria is being re-oriented with more emphasis on preventive measures and reducing the spray of malathion.

Anti Malaria Campaign Director Dr. W.P. Punsiri said, they had reduced the reliance on chemicals because it has been found that the mosquitoes become resistant after some time. When spraying was done on a regular basis the cost incurred yearly was to Rs. 500 million. Now only half of that was spent," he said. 

In an alternative move to combat malaria, a mobile service has been introduced for early detection. 

There are also out-reach clinics, especially in villages that are far from hospitals. 

The Director said seventy per cent of Malaria cases were in the North Eastern provinces, mainly in the uncleared areas of Jaffna, Kilinochchi and Vavuniya. 


Japanese firm fined for crossing Soma's path

A retired Surveyor General has been awarded Rs. 600,000 as compensation on the grounds that his copyright on a Street Guide book was infringed by a foreign company. 

T. Somasekaram, the author of 'Arjuna's A-Z Street Guide' told Colombo High Court Judge P. Wijeyaratne that the copywright on his book, published in 1994, was violated by Yamaichi Japan-Lanka Housing (Pvt) Ltd. 

The company had allegedly used a page of his book without his permission in an advertisement regarding the location of its new housing scheme. 

Mr. Somasekaram said that although he had written to the company seeking compensation of Rs.100,000, the company had thereafter published the same advertisement with some corrections. He had then raised his claim to Rs. 600,000. 

As the company neither appeared in court nor filed answer, the trial was held exparte. 


SC says driver's rights violated

By S.S.Selvanayagam
The Supreme Court has ruled the arrest and detention of a Red Cross driver by the CID last year was a violation of human rights and awarded Rs 200,000 as compensation to him. 

Duraisamy Pathmanathan who drove UNP parliamentarian Jayalath Jayawardena and others to Madhu church and uncleared areas in the North to meet LTTE representatives, was arrested by the CID on May 29 lat year. 

The Bench comprised Justices Mark Fernando, Dr Ashoka de Z.Gunawardena and L.H.G.Weerasekera. 

Mr. Pathmanathan had cited National Intelligence Bureau Inspector Paranagama, CID director Bandula Wickremasinghe, former IGP W.B.Rajaguru and the Attorney General as respondents. 

Mr. Pathmanathan said in his petition that he drove a Red Cross vehicle with three passengers — Dr Jayawardena, Father Alexander and Red Cross Vavuniya branch secretary S. Kishore from Vavuniya to Madhu church. 

On June 7, last year, Mr. Pathmanathan was questioned by the CID and later arrested and detained in Colombo for three days. He was then produced before the Colombo Fort Magistrate who remanded him indefinitely. However, no plaint was filed. 

Justice Fernando in his judgement dismissed the state counsel's submissions which claimed it was an offence to attend meetings and have contacts with the LTTE. 

Justice Fernando pointed out that the emergency regulation made an exception in regard to the right of any international organisation which had entered into an agreement with the government to engage in any activity connected with the rendering of humanitarian assistance. 

"Even if the activities of the Red Cross (Vavuniya branch) might not strictly fall within that provision yet it was engaged in humanitarian activities on behalf of the government and people of Sri Lanka. 

The petitioner was just a small cog in that machine. He was entrusted with seemingly insignificant duties which most people would find less than congenial and which had to be performed amidst anxiety, tension and hostility."


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