1 November, 2020

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SC Postpones FR Case To Secure Salley’s Fundamental Rights For Tomorrow

The fundamental rights case to secure the fundamental rights of arrested opposition politician, Azath Salley by Gowry Thavarasha, Attorney at Law bearing No. SC (FR) 164/2013, was listed for support today (09.05.2013) before a bench of the Supreme Court consisting of Mohan Pieris, de facto Chief Justice, Justice Sathya Hettige and Justice Eva Wanasundere.

Azath Salley

The case, filed by the lawyer on behalf of the incarcerated Salley, cites N. K. Illangakoon, Inspector General of Police, Gamini Mathurata, Director, Criminal Investigations Department (CID), Sub-Inspector Lasantha Ratnayake, Gotabhaya Rajapaksa, Secretary, Ministry of Defence and Development and the Attorney General as Respondents.

The petition states that Salley has constantly been critical of certain Sinhalese extremist Sinhalese Buddhist groups (such as the Bodu Bala Sena – BBS) and personally provided information regarding those responsible for attacks on the Dambulla Mosque, Anuradhapura Mosque attacks and an imminent attack on the Kurunegala mosque to President Mahinda Rajapaksa. The petition states that at all times, Salley had endeavoured to ensure that all disputes are settled peacefully.

In fact, the petition states that he was critical of those inciting racial and religious intolerance and disharmony. He was also critical of inaction on the part of the Government and law enforcement authorities.

The petition outlines the fact that Salley was outspoken but has never advocated violence or terrorism of any form. In fact, he was constantly advocating against terrorism, ethnic and religious sectarianism and authoritarianism.

In this context of Salley’s outspoken criticism of the BBS and Government inaction, a malicious series of anonymous internet postings and text (SMS) messages had been circulated, containing falsehoods targetting Salley.

Certain BBS members had publicly singled out Salley and made derogatory remarks against him. The Media Unit of the National Unity Alliance had also written to State and Private Media organisations condemning the defamatory publications made and political motivation behind the harassment being meted out to him.

Thereafter, Salley was questioned and thereafter arrested on 02.05.2013 at around 5:55am by hundreds of police and special task force officers who surrounded his house.

Salley, who is a diabetic, was thereafter denied medical attention and his condition was allowed to deteriorate. He was questioned with regard to an erroneous publication by an Indian based media organisation (“Junior Vikatan“), which he confirmed was inaccurate, and that he had sought a correction. However, he continued to be denied his basic rights and was finally admitted to Ward 55 of the National Hospital as his condition deteriorated further. No one was allowed to see him in hospital and he was taken back to the CID despite his worsening condition.

S. Wijesinghe, Senior State Counsel appearing for the State moved to have the case listed for support tomorrow (10.05.2013) along with a similar case. The court allowed this application and the case is now due to be taken up tomorrow morning at 10:00am.

J. C. Weliamuna with M. A. Sumanthiran, Hejaaz Hizbollah, Niran Anketell and Senura Abeywardena appeared for the Petitioner.

The Colombo Telegraph wishes to place before readers, the fact that the Secretary of Defence who is a Respondent in the case is the brother of President Rajapaksa and a close friend of the de facto Chief Justice who backed his controversial appointment. The Defence Secretary has been a strong supporter of the rightwing and increasingly violent Bodu Bala Sena (Buddhist Power Army), of whom Salley has been publicly critical.

Salley’s sudden arrest and detention which has been widely criticised and condemned locally and internationally, comes in the light of calls by many Muslim politicians, citizens groups etc. for Hate Crimes to be criminalised by passing a law. There has been increasing condemnation of Government inaction in the face of increasing occurances of physical and verbal hate attacks on Muslim and Christian persons, groups and places of worship.

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Latest comments

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    Hope for the best, but frankly I have little confidence in the higher judiciary any longer after the alacrity with whish it climed down after the illegal impeachment of the rightful CJ.

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    There is not much hope of succeeding given the state of the Justice system. Nevertheless all avenues and legal remedies need to be explored. It should be on record how this despotic regime carries out its vendetta against the minorities.

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    Sally was made to suffer enough now. It is possible for SC to decide in favour of Sally to show the Muslim countries & Commonwealth in particular and the world in general that the Judiciary is impartial. This is necessary as CHOGM is round the corner.Let’s watch the proceedings
    Ram

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    There is little hope of justice in this Salleys fundamental rights case, as the Judges are well known supporters of the regime. Who will dare contest the authority of Gota the virtual Chief of the Police Army and the secret white van brigade. Just hide your heads in shame you who voted for this familial dictatorship.

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    Wish you the Best of luck Azath Salley…

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    hopeless.Are anyone thinking that in srilanka decisions are taken in courts in cases like this as against the state security and GOSL?

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    The judgement of the Cheap Justice will be nothing but Cheap and unlawful as he himself is unlawfully appointed person for this position.

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    Azath Silly is only a self-appointed leader of the Muslims and is not a true leader. He should not have stirred communal ill-feeling and he is hence punishable for his behaviour, especially after the countrys 30nyr struggle with terrorism. He must now face the tune and no muslim will be foolish enough to support his cause. He should first be accused of playing cheap politics at the expense of his community.

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      Would you not, if the Mosque that you pray is attacked, when you are obstructed to have your Halal way of life, when your wife and daughter fear to go our in their Hijab, have the courage to defend your Islamic way of life. If you did not defend and give-up everything, then what are you. But Azath Salley came forward for the Mosques, for the Halal way of life, for the fearing many wives and daughters. He led the fight for the affected. So is he not a leader. Is it cheap politics. What a betrayal of being a Muslim. Think brother.

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      Ali Sabry,

      He was speaking out against the racists Budu Bala Sena and the Racists.

      The Mara have given a free hand to the yellow robed thugs.

      We was a leader, because there was no leader to speak for his community.

      The Theravada Maha Theras are a shame to Buddhism.

      Only Dalai Lama from the USA seem to speak about Buddhism.

      In Sri Lanka, there is no Sinhala Buddhism, It is all Racism, aided and abetted by the state.

      http://www.straitstimes.com/breaking-news/asia/story/dalai-lama-lashes-myanmar-sri-lanka-buddhist-violence-20130508

      NEW DELHI (AP) – The Dalai Lama has implored Buddhist monks in Myanmar and Sri Lanka to put an end to a series of recent attacks on Muslims in their countries.

      The Tibetan Buddhist spiritual leader spoke on Tuesday night about religious violence when asked questions following a speech he delivered to 15,000 people at the University of Maryland.

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      Mr Aly Sabry.

      It is a duty of every man to raise against if his religion and culture is disgraced.this what exactly Mr. Sally did.You seem to the most ignorant person.Who created the communal ill-feelings.who attacked other community’s Place of worship and disgraced their Religion and way of life openly after the country’s 30 years of war.Which Muslim is going to support your foolishness.Not only Muslims but many nonmuslims supported Mr.Sally.The out come, Mr.Sally was released today.

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      Yes are right Salley was only a self appointed leader. You know what? Not only the Muslims even the Sinhala and Tamil people started to like him. Salley was nothing until his arrest. The only mistake he did was talking bravely against this despots in public. We have elected Muslim representative who maintained mum so far. I am sure that in future no educated fair minded Muslims would vote for them. I never liked Salley myself but now I like him for his challenging attitudes while knowing the results & repurcussions. RW, Karu, Sumanthiran have made statements to media but our own so called reps were deaf and dumb. Hakim thinks that people know that he cannot do much since he was traped. Bullshit, its better to resign and stay at home than losing self respect. Muslims must stop voting to SLMC. SLMC was also dead with late Mr. Ashrof. Muslims like you are no difference to Fais/Faizer Mustaphs, Hisbulllas, Azwer, Hakim etc. You must be ashamed. Its better for Muslims to rely & depend on Gentlemen like RW/Karu/Sumanthiran/Sambandan/Sajith/Ravi/Ruwan/Mano/Anura Dissanayala/Somawanse/Tilvin etc.

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        Well said, Omar. See who Aly Sabry represents – you will understand why he is so against Salley.

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    Whether Azath Sally is self- appointed or appointed by some one or by the people but he rose against injustice and hate mongering when all the other backless leaders were well snoozing. Aly Sabry I guess that’s not your real name and you are doing a dirty job for some one. This treatment is today it’s for Azath Sally tomorrow might be for you or any other person in the country, and take note of this, we are in for a dark and dangerous time if we don’t check this trend and stop it once and for all for the good of all.

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      “Whether Azath Sally is self- appointed or appointed by some one or by the people but he rose against injustice and hate mongering when all the other backless leaders were well snoozing.”

      Hello Sam, I like to know where he was when the innocent Rizana was tried by Sharia law and brutally executed for a crime the world knows she did not commit. Does this not fall within his definition of injustice?

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        If, perhaps, Azath did not act on Rizana’s case does it mean that he should not act on other issues. Still when you blame Azath may I ask you where were you, where was the other Muslim politicians, the Ulemas, the civil society organizations, etc. etc. for several years when Rizana was facing the ordeal. Well the mentality is ‘whether I did or not, does not matter; but it matters when he did not do it’. Is it not your thinking.

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    Aly Sabry I guess is talking in his sleep. When Sally was misquoted in an Indian publication he requested a correction and that was published. To my knowledge he did not stir communal feelings. Further the way things are happening isn’t a politician entitled to warn that things may get out of hand?
    Ram

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    Sabry,

    Are the Mara going to Arrest Dalai Lama?

    Why don;t they arrest the Budu Balu Sena Things?

    Because they are part of Maras?

    Sinhal Buddist Racists, aided and abetted by the Maha Nayaka monks? Why are they silent?

    http://www.straitstimes.com/breaking-news/asia/story/dalai-lama-lashes-myanmar-sri-lanka-buddhist-violence-20130508

    NEW DELHI (AP) – The Dalai Lama has implored Buddhist monks in Myanmar and Sri Lanka to put an end to a series of recent attacks on Muslims in their countries.

    The Tibetan Buddhist spiritual leader spoke on Tuesday night about religious violence when asked questions following a speech he delivered to 15,000 people at the University of Maryland.

  • 0
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    mr. Aly sabry. With all due respect kade yanna epa!

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