22 September, 2020

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Sumanthiran Argues Curfew Illegal; Gets Ramanayake Released On Bail

Former UNP MP Ranjan Ramanayake who was arrested for violating curfew without a proper pass, was released on bail by the Nugegoda Magistrate’s Court yesterday after his lawyer President’s Counsel M.A. Sumanthiran argued in court that the curfew imposed islandwide to keep people at home had been illegally imposed.
Police said Ramanayake was arrested because he did not have curfew passes. It was illegal even for Police to tell people they do not have a curfew pass, the senior lawyer appearing for Ramanayake noted.

Sumanthiran

“There is no curfew in this country according to law. The reason we all abide by this curfew is because of the current situation in the country,” Sumanthiran said outside the Magistrate’s Court on Monday. The senior lawyer however urged the people to abide by the curfew despite its shaky legal basis, because staying at home was the best way to curb the spread of the corona virus.
Former TNA MP PC MA Sumanthiran appeared for Ranjan Ramanayake in Nugegoda Magistrate today where he argued that no lawful curfew has been imposed in Sri Lanka.

“Ranjan Ramanayake was granted bail, Police tried to say they didn’t have curfew passes, but we highlighted that there is no lawful curfew imposed in the country. Because of the situation everyone should follow it but it’s not lawful” MA Sumanthiran told media after the case.

The Nugegoda Magistrate having heard Sumanthiran PC’s submissions released Ramanayake on bail.
Ramanayake was arrested when he was distributing essential rations to low income families in the Madiwela area.

The Government is committing a grave offence by declaring curfew through press releases, Sumanthiran noted. “There are legal provisions under which curfew can be declared. Instead of imposing it lawfully through those provisions, the Government is imposing curfew through media releases” he told reporters outside the court room. “This is an illegal act,” he added.

However over 10,000 persons have already been arrested around Sri Lanka for violating “curfew”. Questions now loom about their fate after Ramanayake’s release on the basis that the curfew was illegal..

There are provisions under the laws governing public health and quarantine issues to declare curfew while curfew could also be declared under the Public Security Ordinance even without declaring a state of emergency, and the Government had the option of using any of these laws, Sumanthiran noted.

However Colombo Telegraph learns that President Gotabaya Rajapaksa is avoiding the declaration of a state of emergency in the country because that would automatically revive the Parliament he dissolved in March.

Constitutional deadlock looms over the date of elections now declared as June 20, nearly three weeks after the constitutional deadline for how long the country can function without a Parliament expires.

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Latest comments

  • 23
    4

    The intent of the curfew is to keep idiots at home instead of infecting citizens with the associated deaths as evidenced in other countries. Surely, the legal advisers to the President should have guided him to apply curfew legally.

    • 22
      1

      The truth is none of the Rajapakse’s or even the lackeys have access to brilliant legal brains. They give them enough rope to hang and any idiot even with little legal knowledge would have told that the curfew was illegal and the world knows about it although the Sri Lankan idiots did not know about it. Does Gotta know what is in the constitution he probably with try to beat around the bush like his siblings. No experience only loose talk and villainy

    • 3
      0

      Who is this sunil Abeyrathne? Must be a idiot of idiots. Ruling without proper procedure is inviting dictatorship. I have seen several such idiots commenting on reasonable and socially desirable inteventions

    • 2
      0

      Sunil Abeyratne ,

      I hope you and your masters do understand the difference between
      the Water monitor and Land monitor before starting to slaughter
      them for your appetite . If you eat the wrong one yes , surely you
      pay for it there and then ! You once had same kind of advisers who
      roped Sirisena and Sirisena roped your beloved Masters to form an
      illegal government in Oct 2018 ! This shows the level of greed that
      leads to blunders upon blunders guided by PATRIOTIC FORCES !
      And yes , we don’t fail to understand your reaction even after wrongly
      eating the Water monitor and obvious hospital admission !

  • 30
    2

    Gota and Mahinda family wanted to punish Ramanayake for exposing their corrupt past. That is their policy. Their policy is to get get rid of all their political and non political enemies. That is what they did for a decade from 2005 and 2015. Now they have come back to do the same. People should not forget the past of the Mahinda family!

    • 10
      1

      The Raja A’kissing police officers should charged for unlawful arrest and confinement.

  • 11
    2

    A mighty Tamil has skinned alive the doings of the goon of a kallathoni and his erstwhile crime oozing morons to shame.
    =
    they better ask me for velu anna’s magic fast-acting sure to die quick-acting cyanide capsules which are in my care.
    =
    if Tamils are and being given the step-motherly treatment Ceylon would have still held onto its classy name and Singapore would have been no match.?
    =
    Any racist Yaks differ me on this.?
    =
    Cheers, R. J.

    • 2
      1

      Brilliant to the point. UN is not fit for purpose, still support tinpot countries who can’t uphold geneva treaty, and hope president trump is the elected and wind up UN, also chase them out of 42 street and make it a hotel. It is now a hotel for the unelected bureaucrats.

  • 12
    1

    How simple was that ?????? Yet Followers en mass have hundreds of excuses to justify such acts.

  • 20
    1

    Why do We need curfew to keep people in side the houses, the western countries have lockdown people can go out buy their basic needs from Local markets As far as I am concerned curfew is high handed way is controlling people.This is not China.Sri Lanka is a democratic country.

    • 4
      0

      Didn’t you realize that the curfew is to spy on people ,by doing this they have collected a sizeable quantity of information for use when the Corona virus leaves the scene but unfortunately the COVID19 has just commenced its rampage and has come to stay permanently

    • 4
      0

      ” This is not China.Sri Lanka is a democratic country. “

      Really?
      From when?
      I know it separated from Britain in 1948. But when did this too happened to Lanawe?

      (Lankawe is Democratic, Socialistic, Republic. That means it is JR’s hell!)

  • 3
    15

    Sumanathiran didn’t appear for Rajupthay to ge him out , But he appeared to get that Toy Boy released .. How cool is that ?..

    Wonder whether Sumanathiran is on Gonja Tapes?…

    • 12
      1

      KA:Sumanyo,
      .
      how long more to stay like an ass kisser to Rajapakshes rascals.
      :
      If RR is to be called TOY BOY, why not the very same BPs such as you to protect, high criminals like Mahinda Burupakshe ?
      .
      Now or later, BP Mahinda has to become be found in a drain to the very same manner Lybians found their then leader. Peoples hatreds are on a rise as no times in the past.
      :
      B****geputha would never allow his brother to do the job well – because then his kind of mlechcha politics would be marginalised forever.

      Sumanthiaran, We the SINHALAYAS who respect the goodies would not care any race, regligion or whatever other barriers, but have balls to call a spade a spade, give every man s his due.

      • 0
        2

        Mate, I heard that RR does not discriminate when he provides his services..
        I like it too…

        BTW My Elders tell me Abraham got it all wrong.

        RR was arrested for obstructing the Duty of a Public Officer acting for the Government.
        And threatening a Public Officer.

        If RR was in New Jersey he would have been in the Slammer for 6 Months It is all Automatic.. mate..

  • 8
    0

    Sunil Abey.

    The Legal adviser to the President is none other than that Legal Ignoramus and self-appointed topmost Legal luminary- Udaya Gammanpilla!

  • 8
    0

    The indefinite curfew was unnecessary but it was GR’s iron fist approach or a panic response. If I am not mistaken, GR was adamant that elections should go ahead as planned until the day before the curfew & a southern politician was even organising a cycle race in support of his election campaign at that time.
    GR is quick to capitalise on situations for his personal gain, & through a biased media, as well as, a political trade union, the GMOA (with it’s own agenda), was able to portray himself as an able leader, taking swift action. The citizens of SL are made to believe that the epidemic has been controlled better than even developed countries & everybody is looked after with the govt distributing food for everyone. So probably Ranjan Ramanayaka’s efforts were unnecessary.
    Apart from India, there have been no curfews in any other country to my knowledge. A lockdown is not a curfew but prevention of people congregating, thereby, spreading the virus. In UK, people over 70 have been requested to self quarantine as they are the most vulnerable. Others have been asked to stay at home & refrain from unnecessary journeys. Accordingly, high street shops, restaurants, factories are closed but shops selling essentials & food are open as usual &, in this age of technology, many are able to work from home.

  • 1
    10

    According to TNA and its Sub- leader of Sumatharain definitely say the State of
    Sri lankn is not A LEGAL ? Do not be surprise all logics by TNA are NOT talking of reality or truth about Curfew. When Tamil politics of so-called discrimination of which “Democracy” of also valid terms of hipcoracy .

    By and large that Tamil political classes and Parties NOT only against Curfew in principally. That politics and judiciary point of views all perspectives of Tamil chauvinist are against that elected gov. saide Illegal since 1948. Why say that so?
    Because Land of whole Island was so-called “Tamil Homeland” occupy by Sinhalese -Buddhist?
    That is a legal version of Tamil terrorist of LTTE and TNA .an advocated by Tamil Parliamentarian including Sumantrahin …!@.

    Apply of that Double game in Parliment and Judiciary of Christen ideologies advocated by Abraham of Sumantahrain. He wanted undermined smoot work of Coronavirus. By created diminish image of Sri Lankn nation?

  • 5
    1

    I was actually waiting to read below if you have mentioned LTTE, not surprisingly you have mentioned it. In this Country – Sri Lanka, We have Tamil Extremists, Sinhala Extremists and also Muslim Extremists. Just because a Tamil human talks justice why are you always saying something about LTTE, Born and came up in a military buddhist family, I am still ashamed that people like you are still alive, does not show any difference of a Extremists and you.

    Thanks
    Buddika

  • 4
    0

    Law is a vast area that until this date , has not found clear cut definition and
    more than the general public , the rulers must exercise caution in applying it
    so that nobody is bad treated or wrongly punished in a worst scenario ! But
    what is happening in the paradise Island is , for quite some time which is not
    really a small amount of time unfortunately is , law makers themselves are
    mainly focused on laws that will only guarantee their repeat power grab at
    any cost ! This is a curse to any country and our country special ! Attitudes
    have changed from covert to overt and arrests that guarantee a stay behind
    bars even for a short time ! Question should be asked by sensible people , if
    they have any sense , if this is what they wanted from their votes ? Laws are
    for misuse and abuse by a few ?

  • 3
    0

    Is this pawn the court has thrown with the approval of the King to catch a shark later?

    Remember 4 Justices rescued them from sitting on the King’s museum money theft case, when, probably, King was pumping gas in America. Now the judges said to Sumanthiran that King didn’t gazette the curfew so its is ok Sumanthiran to take Ranjan with him?

    Comedy Thamai!.

  • 2
    0

    Who is this sunil Abeyrathne? Must be a idiot of idiots. Ruling without proper procedure is inviting dictatorship. I have seen several such idiots commenting on reasonable and socially desirable inteventions

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