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Zuhair takes up right of Muslims killed by COVID-19 to be buried according to their religion
Former lawmaker M. M. Zuhair, PC, has strongly opposed what he calls forcible cremation of Covid-19 victims on a directive given by Attorney General Dappula de Livera, PC.
The following is the text of a letter by former Senior State Counsel Zuhair to President Gotabaya Rajapaksa and Prime Minister Mahinda Rajapaksa:
This is further to my previous representation dated 06th May 2020.
According to media reports the Hon Attorney General has directed the Director-General of Health Services that the dead bodies of Covid-19 victims unclaimed by the immediate members of the family to be cremated. (Ada Derana. Lk-09/12/2020 at 15.07 hrs. and AFP “Sri Lanka cremates Muslim Covid-19 victims against religious wishes” 09/12/2020 7.40 pm).
Firstly it is well known that the right to accord a dignified burial to a deceased person is an internationally recognized right. This is a right available to every person not merely to Muslims.
Secondly it is equally well known that the kith and kin of the deceased Muslims in particular have refused to accept the dead bodies as a protest against the unlawful refusal by the health authorities of our country to allow Covid 19 deceased persons a dignified burial. In the circumstances the Attorney General ought not to have directed the forcible cremation without hearing the kith and kin of the deceased persons. Such direction is in violation of the principles of natural justice, which principles the Attorney General is bound to uphold.
Thirdly, the direction has been made in terms of the Quarantine and Prevention of Deceases ordinance. If that be the case, the Attorney General would have seen that section 3(1)(i) of the Quarantine Ordinance provides for both options of burial and cremation and that he ought not to become a party to directing solely the cremation of the ‘under protest’ bodies without the consent of the kith and kin and in violation of the provisions of the Quarantine Ordinance read with section 17 (1) (c) of the Interpretation Ordinance. He ought not to expose the illustrious office of the Attorney General and the State to possible claims of damages.
Fourthly, Professor Tissa Vitharana has been quoted in the media last week that the expert panel appointed by the Minister of Health to advise her on the quarantine measures does not have a single virologist and hence not a competent panel, though the country has many eminent experts, virologists, epidemiologists, etc. Whereas 190 countries in the world had permitted burial of Covid-19 deceased persons following the World Health Organisation (WHO) guidelines, Sri Lanka and China are said to be the two countries that do not allow burials. The excellent work otherwise done by the countries health authorities and the armed forces are being brought into disrepute world-wide by the panel’s undue delay in resolving the problem by giving convincing scientific reasons as to why the WHO guidelines cannot be followed here.
Fifthly, if in fact and in science Covid- 19 will spread through contamination of water, I wish to state that no one, Muslim or otherwise will ask for burial of their victims. According to WHO any virus contaminated water may cause diarrhea but will not spread Covid-19.
Sixthly recent judicial decisions have kept the matter open to be decided by the Cabinet based on expert opinion which is anxiously awaited. Courts have not restrained the government or the experts from taking necessary decisions.
Permit me also to point out the following matters. Two Ministers Hon. Chamal Rajapaksa and Hon. Mahinda Amaraweera said recently that the government is favourably considering restoring the 27th March 2020 gazette allowing both burial and cremation for Covid-19 deceased persons and a third Minister Hon. Keheliya Rambukwella said a final decision will be taken after the experts give their opinion to the Health Minister Pavithra Wanniarachchi. The country’s accredited experts on the subject must not delay giving the opinion and they must do so with convincing scientific reasons for the public to know, because the government’s pursuit to restore burials in line with the opinion of the experts of the country as well as the World Health Organisation (WHO) guidelines are being perceived as being delayed unreasonably.
According to the WHO, water contaminated by any virus may cause diarrhoea but not Covid 19. If the local experts on virology and epidemiology have scientific reasons to establish that Covid-19 will spread through contamination of water to the living cell of a host, they also need to explain that apart from human beings animals, birds and fish will not be infected and will not host the virus and transmit them to human beings who may consume or handle them. There is thus an urgent need for the Sri Lankan experts to clear with scientific reasons all possible misconceptions.
The main protective measures that the public have been presently made aware of, to restrict the spread of Covid-19 are related to contamination through inhalation of infected droplets or by touching infected surfaces but not to Covid-19 contaminated water being consumed by living cells and getting transmitted to human beings. Experts in the relative field must clarify these matters on an urgent basis with scientific reasoning and evidence.
The composition of the committee of experts and their expertise in the relevant field to override WHO guidelines and the meetings or discussions they are engaged in need to be publicized in the interest of transparency. These representations are being made in the interest of the country’s best interests, its global reputation particularly in the Middle-Eastern countries which provide the highest foreign exchange earnings of US $ 7,000 million per year and in establishing acceptable scientific reasoning in the process of decision making affecting the fundamental rights of persons both living and dead.”
A copy has been also sent to the AG.
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PCoI on Easter Sunday attacks:
By Shamindra Ferdinando
Attorney General Dappula de Livera, PC is not bound by recommendations made by the Presidential Commission of Inquiry (P CoI) into the 2019 Easter Sunday carnage, or presidential directives in that regard, according to authoritative sources.
They said that the AG couldn’t under any circumstances initiate legal proceedings until he had received the full PCoI report.
President Gotabaya Rajapaksa received the PCoI report on Feb 1. The President’s Office delivered a set of PCoI reports to Speaker Mahinda Yapa Abeywardena on Feb 23, a day after the report was presented to the cabinet of ministers. The Island raised the matter with relevant authorities in the wake of a section of the media reporting the PCoI recommending punitive measures against former President Maithripala Sirisena, Defence Secretary Hemasiri Fernando, IGP Pujitha Jayasundera, Chief of State Intelligence Senior DIG Nilantha Jayawardena, Chief of National Intelligence retired DIG Sisira Mendis and All Ceylon Makkal Congress (ACMC) leader and Samagi Jana Balavegaya MP Rishad Bathiudeen et al over the Easter Sunday carnage.
Sources pointed out that due to the inordinate delay in sharing the PCoI report with the AG, the department hadn’t been able to take preliminary measures required to initiate the proceedings. Sources said that a team of officers would take at least six weeks or more to examine the report before tangible measures could be taken.
With the AG scheduled to retire on May 24, 2021, even if the AG Department received the P CoI it would be quite a tough task to initiate proceedings ahead of retirement, sources said. However, in terms of the 20th Amendment to the Constitution enacted in last October, both the AG and the IGP could receive extensions beyond 60 at the President’s discretion.
Dappula de Livera received an Acting appointment as the AG a week after the Easter Sunday carnage whereas his predecessor Jayantha Jayasuriya, PC, was elevated to Chief Justice.
Responding to another query, sources said that the Attorney General two weeks ago requested Secretary to the President for a copy of the P CoI. However, the AG was yet to receive one, sources said. In spite of the AG not receiving a P CoI copy, the AG had instructed the IGP to obtain a copy of the report when he requested the police to complete investigations into the Easter Sunday carnage. The AG issued specific instructions after having examined police files pertaining to the investigations.
The IGP, too, hadn’t received a copy so far though some sections of the report were in the public domain.
Agriculture Minister Mahindananda Aluthgamage displayed at a live political programme on Derana a copy of the P CoI report he received at the cabinet meeting earlier in the day.
Sources said that the Attorney General’s Department couldn’t decide on a course of action in respect of the Easter carnage on the basis of a section of the report. In terms of the Commission of Inquiry Act (Section 24), the AG enjoyed significant powers/authority in respect of investigations; sources said adding that the Department urgently required both the P CoI report and police investigations report. The Attorney General’s Department has raised the delay in receiving a P CoI report amidst the Catholic Church attacking the government over the same issue.
Sources said that ministerial committee appointed to study the P CoI report couldn’t decide on how to proceed with the recommendations and the matter was entirely in the hands of the AG. Sources pointed out that the delay on the part of the government to release the report had received the attention of sections of the international media, including the New York Times. Public Security Minister retired Rear Admiral Sarath Weerasekera having met Malcolm Cardinal Ranjith at the Bishop’s House on Dec 8, 2020 said that the AG would get a copy of the P CoI report once the President received it. Minister Weerasekera said that the CID had handed over the relevant files after having completed investigations into eight blasts. Referring to the Parliamentary Select Committee (PSC) report on the Easter Sunday carnage, the former Navy Chief of Staff said that all such documents would have to be brought to one place and considered before initiating legal proceedings. Acknowledging that there could be delays, lawmaker Weerasekera said that on the instructions of the Attorney General a 12-member team of lawyers was working on the case. The minister vowed to expose the mastermind behind the Easter Sunday attacks. Investigations continued while some of those wanted were overseas, the minister said.
The minister acknowledged that the Attorney General couldn’t proceed without the P CoI report. Minister Weerasekera reiterated that once the President received the P CoI report, it would be sent to the Attorney General. The minister said that there were documents two to three feet high that needed scrutiny. The minister assured comprehensive investigation. The minister said that investigations pertaining to eight blasts had been completed and the reports handed over to the AG. However, the Attorney General had found shortcomings in those investigations.
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By Saman Indrajith
The Presidential Commission of Inquiry on the Easter Sunday bombings had failed to identify the mastermind of , the JVP said yesterday.
Addressing the media at the party headquarters in Pelawatte, JVP Propaganda Secretary MP Vijitha Herath said that the PCoI report had levelled accusations against former President Maithripala Sirisena, former IGP and head of intelligence for their dereliction of duty, shirking of responsibilities and not taking action to prevent the attacks and negligence. There were reference to the causes of the terror attacks and actions to be taken to avoid such attacks and the influence of extremist organisations. “However, there is no mention of the mastermind of the attacks, the handlers of the attackers and those whose interests the carnage served. It is also not mentioned whether there has been any foreign or local organisation behind those attacks. As per the PCoI report the attack took place as a result of culmination of extremism.
“According to the PCoI the extremist activities were a result of the prevailing political situation then. The entire nation was waiting to see who was responsible and who masterminded those attacks. The PCoI has failed to identify the true culprits responsible for the terror attacks. The report says that the leader of the suicide cadres killed himself in the attacks and it was a puzzle. That means those who are actually responsible for the attacks are still at large. The report does not provide exact details of the sources of the attacks. The PCoI had sittings for one year and five months. It summoned various persons and got their statements but it has failed to shed any light on the terror attacks. Everybody knows that the top leaders of the government and heads of security and intelligence establishments failed in their duties. Ranil Wickremesinghe was the second in command and he too is bound by the responsibility but the PCoI report fails to identify him as one of the persons against whom legal action should be instituted. The PCoI has treated Wickremesinghe and former President Maithripala Sirisena differently. We are not telling that this report is a total failure but we cannot accept this as a complete report. The PCoI handed over its report to the President on Feb 1. After 23 days it was sent to Parliament. Now, a copy of the report is there in the parliamentary library for the perusal of MPs.”
Herath said that the PCoI did not have powers to take punitive action. “It only has powers to name those responsible and recommend action to be taken against those named.
