Legislation

On December 19, the Commission on Human Rights (CHR) was reported to have concluded after over two years of investigation that the killing of botanist Leonard Co and his two assistants in Leyte in November 2010 “was due to the military’s failure to distinguish civilians from combatants.” The CHR has submitted its report to the Department of […]

Comments on the views of Rajpal Abeynayake and Nath Amarakoon on judicial review Basil Fernando The SLBC programme inappropriately entitled “People’s Power” is continuing with its misinformation campaign against basic principles of constitutionalism. On the programme that aired on the 13th of December, there were amusing misinterpretations of the constitutional history of the United States, […]

We call upon the people, in particular the judges and lawyers, to grasp the historic significance of this moment It is news now that the Chief Justice Shirani Bandaranayake and her legal team, led by Romesh De Silva PC, walked away from the Parliamentary Select Committee proceedings, expressing no confidence in the manner in which […]

Basil Fernando The Chief Justice (CJ) has refuted all allegations made against her contained in the much publicized impeachment motion filed in parliament. (File Photo of the Chief Justice, Mrs. Shirani Bandaranayake) The CJ’s legal representatives have said in a letter “In the circumstances, in summary: (a) Our Client has declared all her operative bank […]

For the United Nations Universal Periodic Review (UPR) on Pakistan, the country presented a four-year working report of how the government improved the state of human rights in Pakistan. Ms. Hina Rabbani Khar, the foreign minister leading the Pakistan delegation, presented the report to the UN. The UPR is a process in which the UN […]

In an earlier article we asked the question, “Can the legislature declare all automobiles to be rickshaws?” We must simplify the question by asking whether legislators have the right to be silly when they are legislating. We are not concerned about their silliness outside their duty to deal with legislation. Even if we are guilty […]

The answer to that question is if the legislature can do whatever it likes, as it is becoming fashionable for some in Sri Lanka to say, it can also make such a declaration. The leader of the party that has the majority in parliament (even better if there is a two thirds majority), can order […]

The Mahinda Rajapaksa regime has resorted to the ugliest attack in Sri Lankan judicial history on the Supreme Court and the Chief Justice this week by using the state media as a slander machine and through employing the state media to introduce deliberately manufactured slanderous letters to the parliament solely with the purpose of abusing […]

Making bad laws has become the hallmark of lawmaking in Sri Lanka for several decades now. The most recent example of the making of very bad laws is a bill which has recently been placed before parliament under the title Code of Criminal Procedure (Special Provision). The pursuit of injustice through legal enactment finds one […]

This distress call is not from a sinking ship but from the supreme body that represents the Judicial Service Commission (JSC) of Sri Lanka, which is desperately stating that the independence of the judiciary is under threat from the executive. The Asian Human Rights Commission has for years warned that democracy in Sri Lanka is […]

The ongoing protest by village communities acting against the increase of water level in the Omkareshwar Dam is unique in several aspects. The protest, which has completed 11 days today, is directed against the Madhya Pradesh state government that has failed to adequately rehabilitate those who have lost their land and livelihood to this ‘development’ […]

The Chief Minister of West Bengal is once again in the news. This time the minister is critiqued for her comments on judicial corruption. However, if truth is the best defence, and if such a defence is bona fide, then in public interest none can blame the minister for her ‘expressing opinion.’ In fact, it […]

On 8 August, the Nepali newspaper The Himalayan Times reported from Myagdi district that the incumbent Attorney General of Nepal, Mukti Pradhan had denounced the current police investigation process of Nepal as a strong obstacle to the proper delivery of justice. He is quoted as having said that “Torture-based investigation is still in practice in Nepal”. He […]

The Asian Human Rights Commission (AHRC) congratulates India and the people of this great country on the eve of the 65th anniversary of independence. Occasions like this are opportunity for the country and its people to reflect and introspect on the promises they made, both 65 years ago, when celebrating newfound freedom, and subsequently. The […]

The government is again planning to change the criminal justice mainframe of the country. Again, the ruse is that of justice to the people and national security. The proposal is open; its true purpose clandestine. If the 2007 report of the Committee on National Policy on Criminal Justice, chaired by Dr. N.R. Madhava Menon, is […]

Dear friends, The Asian Human Rights Commission (AHRC) has received information from Jagrit Adivasi Dalit Sangathan (JADS) concerning the service of a “show cause” notice to human rights defender Ms Madhuri Krishnaswami on 10 May 2012 by District Magistrate Barwani in Madya Pradesh state. This “show cause” notice requests Madhuri to justify why she should […]

The Asian Human Rights Commission (AHRC) is informed that District Magistrate Barwani in Madhya Pradesh state has issued a “show cause” notice to human rights defender Ms. Madhuri Krishnaswami on 10 May 2012 asking her why actions should not be initiated against her under the Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 (Madhya Pradesh State Security, […]

India will be evaluated at the United Nations’ Universal Periodic Review in Geneva, Switzerland today. The three countries (Troika) involved in the review are Kuwait, Mauritius and Mexico. That these countries have worse records of human rights in comparison to the country they would collectively review suggests how firmly, and perhaps blindly, such processes are […]

The observations made by the Supreme Court of India in a case concerning disciplinary action against a former Major of the Indian Army contradict the Court’s own profile. Dismissing the appeal filed by the Major, who had filed the appeal aggrieved by the Army’s action against him, the court held that discipline is paramount in […]

Reading the speech of the prime minister and that of the home minister of India, one could easily get carried away by the thought that they are not in fact referring to India, but to some other country in the world. Both ministers were addressing the chief ministers of the country in a conference organised […]