News
AG to advise polls chief to have second discussion with media on guidelines

by Chitra Weerarathne
The Attorney-General will forthwith advise the Commissioner of Elections to have a second discussion with the Associated Newspapers of Ceylon Limited and the other media institutions with a view to reframe Rule 3 of the guidelines issued by the Elections Commissioner to be complied with by print media, during the election period.

The Supreme Court yesterday advised, the Additional Solicitor General, Saleem Marsoof P.C., to do so, when the petition filed by the deputy leader of the UNP, Karu Jayasuriya was called before the Supreme Court.

Mr. Jayasuriya in a fundamental rights violation plea said that ANCL publications defamed the UNP, with a view to favour the PA.

Upul Jayasuriya, the counsel for the petitioner said that, at the last meeting held with the E.C., the chairman of ANCL, declined to comply with Rules 2 and 3 of the guidelines. Rule 2 refers to fair and non biased publication, while Rule (3) refers to the publication of contradiction by candidates of political parties. The ANCL agreed to publish the right of reply, but not with equal prominence, which is included in Section 84 of the Parliamentary Elections Act, Jayasuriya explained.

Nihal Jayamanne P.C., senior counsel for the ANCL said that, the chairman wanted the Sections 2, 3, 4, 5 and 6 of the guidelines re-framed. The freedom of expression of ANCL should not be infringed. Guidelines should be complied by privately owned newspapers, as well. If not, ANCL will be discriminated against, he said.

Mr. Jayasuriya: The petition is not against privately owned publications. The privately owned newspapers agreed to comply with the guidelines.

Justice C. V. Wigneswaran to Nihal Jayamanne: Why do you not advise your client on giving same publicity for a correction.

Formulation of Rule 3 should be done before the E.C. On principle we are agreeable on the right of reply.

Jayamanne: I will ask my client whether Rule 3, in the present form is acceptable to them or not.

Other media institutions should agree to this style of publishing contradictions. Why single out ANCL?

Chief Justice Sarath N. Silva to Jayasuriya: Why not go to the Press Council on this issue.

Jayasuriya: We do not trust them. They are political appointments.

CJ: This is not a political court. If the constitution of the Press Council is bad, you should have challenged it then.

This is not a political court. Do not try to make it that. That is the humblest request I make.

Courts are to hear election petitions after the poll.

Jayasuriya: I will like Rule 3 to be adhered to by the ANCL.

The Bench comprised the Chief Justice Sarath N. Silva, Justices H. S. Yapa and Justice C. V. Wigneswaran.

The case will be called again on November 19.


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