JVP, TNA say Govt. illegally holding detainees

2 September 2011 09:07 pm - 27     - {{hitsCtrl.values.hits}}

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A legal lacuna exists with the lapsing of the state of emergency on Tuesday, as the government had failed to print the gazette notification giving the new regulations imposed under the Prevention of Terrorism Act (PTA), the Janatha Vimukthi Peramuna (JVP) and the Tamil National Alliance (TNA) charged yesterday.

This had led to a question of legality over the detention of some 5,000 LTTE suspects and the existence of the High Security Zones. 

The JVP and the TNA, which agitated for the lifting of the state of emergency, charged that the government had failed to issue the gazette notification on these regulations even by yesterday, and as such the detention of the LTTE suspects and the continuation of the HSZs were illegal. 

After the emergency regulations lapsed on August 30, the government announced that it would introduce new regulations under the PTA to continue with the ban on the LTTE and the Tamil Rehabilitation Organisation (TRO), and to take action against LTTE suspects who surrender or are in custody.
However, JVP MP Vijitha Herath said that the gazette notification had not been released as of yesterday, and therefore there was no validity for holding LTTE suspects in custody.

TNA MP M. A. Sumanthiran also argued that these regulations had not been framed, and therefore, the detention of the LTTE suspects and the keeping intact of the HSZs for the last couple of days were unlawful.

“There are more than 5,000 LTTE suspects. They cannot go ahead with the HSZ in areas such as Sampur. We are yet to see these regulations. I checked it with the Government Printing Department. There are no official documents released announcing these regulations,” he said.

Mr. Sumanthiran said his party would consider legal action if these regulations were framed under the PTA.

“First, we have to see what these regulations are. Then, we will go for the next action.  If the emergency regulations were relaxed, the government should not try to do what they did under the emergency through a separate legal regime,” he said. 

However, former Attorney General Mohan Peiris who drafted these regulations on behalf of the government countered their arguments saying the regulations were in force from the time they were announced by the government.

Mr. Peiris retired on August 30 on which day the emergency regulations were lifted. 

“There could have been a delay in the printing of these regulations. It does not mean that they are not in force,” Mr. Peiris said.
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  Comments - 27

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  • Kan Saturday, 03 September 2011 04:39 AM

    Haste makes waste.

    DCOL Saturday, 03 September 2011 07:53 AM

    Only the People has Terrorist background, Links to Terrorists and History with destruction are to worry about the Anti-Terrorist Laws...

    Patriot Saturday, 03 September 2011 12:34 PM

    Do not rush to worry about terrorists. Do worry about terrorists' victims, that is, we.

    Saman Saturday, 03 September 2011 12:37 PM

    JVP and TNA? .... wow

    jayanth Saturday, 03 September 2011 12:38 PM

    the laws to prevent the so called terrorism is in the hands of state military terrorism. this is very unfare in sri lanka by using democratic norms. new laws should be brought to end both terrorism in the country to live public peacefully in the north or south.

    Ellepola Saturday, 03 September 2011 12:49 PM

    @Sathees , MR may be a born leader , may be he made himself, I think he is 50/50 and the best we have had for a long while. LTTE dont like him, their supporters and well wishers dont like him. Just goes to prove that nobody can please all the people all the time bu6t we should be happy with pleasing most of the people most of the time. Nobodies is trying to fool any body. SL gov is not about to let the terrorists out without further investigation and retraining, let LTTE rump reestablish itself in the country or let the interested parties ruin the peace we won at great cost.

    shaeed Saturday, 03 September 2011 12:51 PM

    those who wants to continue benefitting by bribes and to fullfill their racist mentality wants to continue the emergency and PTA.

    ICC Saturday, 03 September 2011 01:30 PM

    Rajapaksa regime also illegal . a war crime and HR Violation regime .

    Louisa Saturday, 03 September 2011 01:57 PM

    He was born too.

    Ranjith. BG Saturday, 03 September 2011 02:21 PM

    Both are having same back ground.

    ila Sunday, 04 September 2011 09:31 PM

    wajeed:

    do you mean material service or intellectual service? Both parties representing their votrers values on which they were elected. Both do not have any access to resources so how can they provide material support to the people who elected them?

    nishantha D Paranama Saturday, 03 September 2011 03:24 PM

    JVP's change of heart with regard to tamil people and association with TNA is nothing but change of tactics to find alliances in north which they have lost sadly in south.I Wonder why all these grease devils are appearing in north and east and tea plantation areas. Perhaps another attempt to re-inject life to separatism and terrorism? History speaks for itself

    kumar Saturday, 03 September 2011 03:31 PM

    all the people against the government are terrorists. They should be put in the jail without trial. we need this law for peace in the country.

    Gihan Saturday, 03 September 2011 03:40 PM

    Speaking of "destruction", you think the government is innocent?! Read the history,then you will know who destroyed whom!

    Puran Saturday, 03 September 2011 04:30 PM

    " yes Great leaders are born" but MR has thus far been a puppet and has ruled the country by bribing dubious MPs who the people have chosed at the ballot box to other parties by offering Cabinet postions and protecting them from any dirty ac t and coruption by just ordering the AG to not prosecute them.

    If there is anyone whos weilds power now is Kudu Dmminda, Vass G, Gota, and the notoriously famous Dr Mervyn.

    Our country is a joke and luckily the strict control of the media has keep the ordinary man ignorant of what is going on.

    The grease monkeys, the white van and the SLAC personnel killing innocent young men in the North is a regn of terror. we have never seen before..

    Jay Saturday, 03 September 2011 04:38 PM

    I have never ever voted for JVP. I am a sinhalese and at times i agree with the TNA. This gov has not shown any positive sign regarding a political silution to tamil ppl and hasnt done enough to make the tamils feel belong to this country.
    Even if we forget the political solution, who else talk abt vast corruption in SL today? Look at the gamble gov is going to play with our money in 2016 commonwealth games. It is said the agreement between the oil drilling company and gov is very disadvantageous to SL.

    Nam Saturday, 03 September 2011 06:51 PM

    Begging for the next revolution

    faqi Saturday, 03 September 2011 07:57 PM

    A Country that suffered for 30 years under the worst kind of terrorism should have a place Anti-Terrorism laws (PTA). Most countries in the world do. What does the TNA want, a free for all?

    chandanafe Sunday, 04 September 2011 03:09 AM

    I can understand why these LTTE sypathiers are so angry with MR. He is the only leader who iradicate LTTE.

    Jay Ranaweera Sunday, 04 September 2011 03:28 AM

    Who says continuing PTA is illegal other than LTTE supporters???

    Jay Ranaweera Sunday, 04 September 2011 03:31 AM

    If u r a genuine Sri Lankan, y worry about PTA or Emergency unless u want to do illegal acts???

    Rajeev Patnaik Sunday, 04 September 2011 03:27 AM

    Okay if you say that TNA & JVP are revolutionary organizations and they support the terrorists then what about the government stand on Douglas, Karuna, Pillaiyan & the most notorious KP? Can they give an answer to the world for this dual standards? Further unfair treatment to SF??????

    Appu Saturday, 03 September 2011 12:32 AM

    While TNA is the mouthpiece of dead LTTE, no wonder JVP becoming very unpopular among citizens!

    maya Saturday, 03 September 2011 01:38 AM

    What is the act government having to control the grease devils the biggest threat to the general public today.

    maya Saturday, 03 September 2011 01:47 AM

    lifting Emergency is legal but continueing PTA is illegal.

    Sathees Saturday, 03 September 2011 02:12 AM

    I have not seen any changes in day-to-day life after lifting of emergency regulations and I don't think the Gov. is going to let it go as there are many problems like mentioned in this article such as LTTE in custody and HSZ.

    The lifting of Emergency Regulations is to white wash UNHRC.

    You can fool some of the people all of the time, and all of the people some of the time, but you can not fool all of the people all of the time. - Abraham Lincoln

    Great Leaders are born not made! So what is MR?

    wajeed Saturday, 03 September 2011 03:52 AM

    i want to know what services you both (TNA & JVP) have done to the people from the time (1948) you were elected to the Parliament. you have talked more than done services.


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