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Lawyers threaten fast unto death unless B report is withdrawn

by Buddhika Samaraweera in The Morning, Jan 24, 2023
The Lawyers’ Union of the Colombo Magistrate’s Court held a protest at the Hulftsdorp Courts complex yesterday (23), protesting against the Keselwatta Police reporting facts to the Court through a B report regarding the protest held by a group of lawyers near the Court complex and the Attorney General’s (AG) Department on 18 January, urging the latter not to exert undue pressure on the Judiciary.

More than 100 lawyers joined the protest organised under the theme of the “black coat struggle against the hunting of judges, and the suppression of lawyers and the people”, yesterday. They marched on the road near the Court complex with banners and placards, and protested against the Police and the Government.

Attorney Gunarathna Wanninayake who took part in the protest, addressed the media, saying: “The legal community held a massive protest regarding undue influence by the AG’s Department against Additional Magistrate of Court Number Eight (Tharanga Mahawatta). ”

After that protest, the Government is trying to repress the legal community. A list containing the names of all the lawyers who participated in the protest has been submitted to the Court. The names of 68 lawyers are mentioned in it, and the law is going to be enforced against everyone who participated in the protest. However, we have done nothing wrong. The only thing we have done is to protect the independence of the Judiciary, the judges and magistrates, and the rule of law. So far, Inspector General of Police (IGP) Chandana D. Wickramaratne and the Police Legal Division do not know about this B report.

The Police officers, this morning (23), had informed the Chief Magistrate that they would withdraw this B report, but it has not been withdrawn as of now. That is why we are holding this protest. We are giving the Police time until tomorrow (24) morning. If this B report is not withdrawn by then, we, as the legal community, hope to start a fast unto death, here, starting from the day after tomorrow (25). The Court is the place where everyone can go and justice should be served to them all.

However, justice will not be served in this country if magistrates are pressured and cases are transferred. Also, if the Police try to hunt down lawyers who are fighting against it, it will be the end of the Police Department and the Government. Therefore, we respectfully ask the Government not to place a hand on the lawyers, the Courts, and judges and magistrates. Do your own politics. Also, if the IGP and the Police Legal Division are not involved in submitting this B report, someone has given an order to the Keselwatta Police Officer in Charge (OIC). We also need to know who it was.”

Meanwhile, Attorney Sunil Watagala, who also participated in the protest, told the media that it is problematic that Attorney Senaka Perera, who is currently staying in Germany, has also been reported by the Police to the Court as a participant in the protest. He mentioned that it is doubtful as to whether the name of a person who did not attend the protest is mentioned in the list of relevant names because some party has instructed the Keselwatta Police OIC as to whose names should be included in it.

The Lawyers’ Union on 18 January held a protest in front of the AG’s Department to protest against the Department’s preparation to submit affidavits submitted by four Terrorism Investigation Division officers, regarding Colombo Additional Magistrate Mahawatte to the Judicial Service Commission, and the incident of the AG’s Department requesting the said Additional Magistrate to transfer the case pertaining to Inter-University Students’ Federation Convenor Wasantha Mudalige to the Colombo Chief Magistrate. On the following day, the Keselwatta Police had reported facts through a B report to the Colombo Magistrate’s Court regarding the protest held by the Lawyers’ Union, claiming that the participants had violated the National Thoroughfares Act, No. 40 of 2008, the Local Authorities Elections (Amendment) Act, No. 16 of 2017, and the Police Ordinance.

The Police informed the Court that investigations would be carried out into the participants of the protest in question. Taking into account the matter, Colombo Magistrate Prasanna Alwis ordered the Police to conduct the relevant investigations and report the findings to the Court. However, IGP Wickramaratne had instructed the Senior Deputy Inspector General of Police in charge of the Western Province Deshabandu Tennakoon to submit a report pertaining to the incident of the B report in question being filed by the Keselwatta Police. Speaking on the matter, Police Media Spokesman, Senior Superintendent of Police and Attorney Nihal Thalduwa stated on 22 January that the relevant B report had been filed by the Keselwatta Police unknown to both the IGP and the Police Legal Division.
https://www.themorning.lk/articles/d2CinJPsEPIO1fjT5016