By Erlina Premadani

Background

It was on Friday, that the Leader of Myanmar’s military installed the government’s offer to participate in peace talks with the ethnic groups that sought greater autonomy through armed struggle.

The statement was shared through a brief broadcast on television by Senior Gen. Min Aung Hlaing. In his brief explanation, he stated that he wants to meet the leaders of all ethnic armed groups in person to negotiate. The negotiation aims at ending the armed conflict across the country this year.

This great movement of Min Aung Hlaing becomes the latest series of administrations during his authority, especially for the armed ethnic organizations. Since the military seized power from the elected government of Aung San Suu Kyi, there is no concrete progress previously.

Min Aung Hlaing has urged the ethnic armies not to support the groups opposing army rule, which have been designated as terrorists by his administration. The military generally could contain fighting in the ethnic-controlled areas, however, it has faced a broader challenge since its takeover last year.

Discussion

Previously the Central Government has battled for decades the armed groups. They hold loose control of border regions where their ethnic groups predominate. An occasional cease-fire agreement has been managed however, the armed groups look for a permanent and comprehensive political solution. This action is done as a response to their demands which are not received by Myanmar’s government.

There is a nonviolent protest against military rule and being put down with a lethal force that triggers armed resistance. Now it becomes a civil war that extends violent conflict to the peaceful areas of the country.

There are about 20 ethnic rebel armies in Myanmar which control the border territory remotely. They fought each other over the drug trade, natural resources, and autonomy. However, there was a rejection from key Ethnic groups in Myanmar to take part in the peace talks. Based on a report in The Irrawaddy, there are several representatives from several prominent ethnic armed groups who rejected the offer. The groups rejecting the peace talk offer are Karenni National Progressive Party, Karen National Union, Kachin Independence Army, and Chin National Front.

These ethnic for decades have fought for independence and greater autonomy from the central state. Since the conflict began in February 2021, 16 months after the ethnic armed groups have entered into a loose alliance with a raft of new civilian militias, namely the People’s Defense Forces (PDFs). They have opposed the military rule and attempted security forces to quash the PDFs. They have brought violent conflict to certain areas in Central Myanmar for years.

In a brief, the peace talk offered by Min Aung Hlaing to the leaders of all ethnic armed groups in person could not meet the goal. It is expected that there will be a negotiation with the leaders of the ethnic armed groups to end the armed conflict. The reason they won’t come is they do not believe the invitation is a genuine desire for peace. They wish for real peace through dialogue.

The calling for negotiation on April 22, junta chief, Snr. Gen. Min Aung Hlaing personally promised to attend and gave the ethnic armies an offer until the military regime. But several ethnic armed groups as stated above rejected the offer. They even said that if there is no offering from the government, they keep unwilling to meet.

Fortunately, some armies accepted the offer, they are The United Wa State Party, the Shan State Progressive Party, and the National Democratic Alliance Army (NDAA). They all confirmed to attend the peace talk. Followed by the Arakan State Liberation Party, the Shan Rehabilitation Council, the Karen National Peace Council, the Democratic Karen Army, the New Mon State Party, and the Pa-O National Liberation Organization. All of them are members of the Peace Process Steering Team (PPST) of NCA signatories.

Conclusion

It was stated by the Political analyst, Sai Kyi Zin that the peace talk invitation has failed since the four strongest armed groups declined the junta’s invitation to attend. Although major ethnic armed groups confirmed to attend the peace talk, it has not yet met the expectation.

Permanent Secretary of the NUG’s Defense Ministry also said that the junta is not doing well military, politically, or economically, thus they are making a fake peace invitation. The unity among the revolutionary forces nowadays is unprecedented. Therefore, the military hopes to create misunderstanding between them.

There is no valid evidence whether the junta of Myanmar did a real talk invitation for pursuing peace or just a political tactic for a certain purpose. It could be concluded that the peace talk offer of Myanmar cannot meet the expectation due to the trust issue. The ethnic armed groups lose their belief in the government of Myanmar.

By Afshain Afzal

On 26 April 2022, a vehicle caught fire and exploded near the Chinese built Confucius Institute at University of Karachi when the Chinese staff was returning to Karachi university after a lunch break. The blast killed the director of the Confucius Institute, two Chinese teachers and the driver of the van while injuring another Chinese teacher and the security guard inside the van. Confucius Institute is a Chinese language teaching centre at the University of Karachi.

As per the initial investigation a transgender was seen exhibiting his suspicious acts in front of Close Circuit Television Camera. It was confirmed from his body structure, arms, limbs, the way he was standing with gap between his feet that he was not a female. Interestingly, this transgender despite standing close to the ill-fated van was not killed. A security personnel claimed that the video was engineered to link transgender in female dress with suicide attack. He ruled out any suicide attack and claimed that remote control was used to explode the middle portion of the van.

Karachi Police Chief Ghulam Nabi Memon said an initial investigation showed a suicide bomber was behind the attack. He said that closed circuit television footage from the site showed a person dressed in the female burqa head-to-toe covering walking up to the van, followed by an instantaneous explosion.

The aggrieved and separatist Baloch elements in Balochistan province as well as abroad have rejected any of their involvement in 26 April attack on Chinese. They ensured that they are the most loyal citizens of Pakistan but aggrieved our injustices. However, international and local media have blamed Baloch Liberation Army (BLA) for the attack and claimed that BLA has accepted responsibility of the attack on vehicle carrying the Chinese, using female suicide bomber. A local Baloch commented that it is an excuse to launch military operation on Baloch citizens to handover their properties to outside investors.

Pakistan Foreign Office in a statement said, “We strongly condemn the reprehensible terrorist attack in Karachi which claimed innocent lives, including those of Chinese nationals working at the Confucius Institute. The Government and people of Pakistan extend their deepest condolences and sympathies to the families of victims who lost their lives in the incident." It added that the law enforcement agencies are investigating the incident to apprehend the culprits and bring them to justice.

The Chinese Ambassador in a statement said, “The Embassy and Consulates General of China in Pakistan express deep condolences to the victims from both countries and sincere sympathy to the injured and the bereaved families, and will make every effort to handle the incident with the Pakistani side,”

In a statement, Pakistani Prime Minister Shahbaz Sharif tweeted, “I am deeply grieved on the loss of precious lives including of our Chinese friends in the heinous attack in Karachi today. My heartfelt condolences go to the bereaved families. I strongly condemn this cowardly act of terrorism. The perpetrators will surely be brought to justice,

Former Prime Minister Imran Ahmed Khan Niazi tweeted, "Strongly condemn the blasts in Karachi which claimed yet more innocent lives. We must unite to reject the agendas of hate & violence." The media issued self engineered statement on the behalf of Imran Khan. “Strongly condemn the terrorist attack targeting Chinese teachers of Karachi University. This is yet another attack with a specific agenda of trying to undermine Pak-China strategic r’ship. We must ensure defeat of this foreign-backed agenda of our enemie.”

If we recall, within minutes of being declared Pakistan’s new Prime Minister, Shahbaz Sharif made clear his intention to breathe new life into the estimated US$60 billion China-Pakistan Economic Corridor (CPEC). The Chinese Foreign Ministry spokesman, Zhao Lijian, announced in a statement, “We noted Prime Minister Shahbaz Sharif’s remarks on the CPEC and we highly commend them.” If we recall, in the near past, Chinese-funded programme slowed to a level that most of ongoing construction projects fell far behind schedule, while there was no new major projects launched. The concentration, however remained on Chinese-funded programme slowed to the point that most under-construction projects fell far behind schedule, while no new major projects were launched. Previously, Abdul Razak Dawood, PM Advisor concentrated only on investment under the second phase of CPEC. The B2B Investment to include private sector and academia in the sectors of information technology, agriculture, transport and urban development under public-private partnership, automobiles, pharmaceuticals and special economic zones. Now there is hope to start earlier projects.

There is no doubt, the the transgender behind 26 April University of Karachi attack has direct links with India. The self engineered video need to be investigated and this person in the guise of female suicide bomber who remained unhurt as no dead body was found outside the van. Through video the culprit can be easily identified and whole network of stakeholders to derail CPEC and Indian connection can be unearthed. It was shocking to lose precious Chinese and Pakistani lives but it is likely to strengthen Pakistani - Chinese relation rather than further delay in already pending and slow down CPEC projects.

By Saneem Afshain

Bangla New Year, popularly called Pohela Boishakh is the first day of the Bengali calendar, which is also the official calendar of Bangladesh. Just as the 1st of January is the first day of the year in the Gregorian calendar, Pohela Boishakh is the first day of the Bengali calendar.

It is celebrated on the 14th of April in Bangladesh, and 14/15 April in the Indian states of West Bengal, Tripura, Jharkhand and Assam (Barak Valley) by Bengalis regardless of religious faith. It is celebrated across religious boundaries by its Muslim majority and Hindu minority. The festival became a popular means of expressing cultural pride and heritage among the Bangladeshi.

It is a national holiday in Bangladesh and also in some parts of India.

The traditional greeting for this occasion is শুভ নববর্ষ "Shubho Noboborsho" which is literally "Happy New Year".

Pohela Boishakh was celebrated from the times of Sher Shah Suri and after the death of Sher Shah Suri in 1545, when his son Islam Shah occupied the throne of Delhi he announced celebration of both Hijri new year as well as Pohela Boishakh to bring Bengal under the control of a single administrative apparatus. However, in 1584 Rana Pratap again rebuffed emissaries of Akbar, and tried to interfered in the socio – cultural heritage. Even Taj Khan Karrani became the ruler of Bengal and Bihar in 1563 AD followed the heritage and cultural norms of Sher Shah.

There is also a view point regarding Pahela Baishakh celebration that it dates back to Mughal Emperor Jalaluddin Muhammad Akbar’s reign, who was semi Hindu-semi Muslim- semi atheist. Akbar was grandson of Zahiruddin Muhammad Babar was the 3rd Mughal Emperor but due to his father dethroning, he was brought out within the Hindu families of Umarkot in present day Pakistan.

It is claimed that in order to ease tax collection, Akbar eliminated Hijri and changed the tradition of agricultural tax collection according to Pohela Boishakh as Hijri calendar being a lunar calendar- did not coincide with the harvest sessions and thus the farmers faced severe difficulties in paying taxes out of season.

It is also claimed that Astrologer of Emperor Akbar`s court, Amir Fatehullah Siraji, was the one who actually devised this calendar, after performing a research on the lunar Hijri and Solar calendar.

 The unique characteristic of the Bengali year was that, rather than being a lunar calendar, it was based on an amalgamation of the solar and lunar year. This was indeed a great development, as the solar and lunar years were formulated in very different methods.
Initially this calendar was named as “Fasli San” (agricultural year) and then Bonggabdo or Bangla Year was introduced on 10/11 March 1584, but was dated from 5th November 1556 or 963 Hijri.
Another study,  shows that, King Shoshangko who ruled ancient Bengal might have actually started the Bengali era. It means the Bangla calendar started from value one, the starting point is estimated to be on Monday, 14th April 594 in preoptic Gregorian calendar and Monday, 12th April 594 in the Julian calendar.

 Pohela Boishakh is celebrated since hundreds of years ago, when Bengali calendar was introduced. The festival is celebrated by Bangladeshi’s with a display of colors, from the decorations to the clothes and accessories people wear. The most popular decorations are the signature colorful masks, made in the style of South Asian folk art and depicting animals, kings and queens.

 On the Bangla New Years’ Day, they start from visiting relatives, neighbors and friends, with special foods being prepared and shared. The day is marked with singing, processions, and fairs. Traditionally, businesses start this day with a new ledger, clearing out the old which often involves inviting loyal customers and offering sweetmeats to them. This festival is called Haal Khata. Singers perform traditional songs welcoming the new year.

 People enjoy classical Jatra plays. People wear festive dress with women dusking their hair with flowers. White-red color combinations are particularly popular.

New Year fairs are held in various locations around Bangladesh, featuring entertainment products. A Bangla New Year's (Pohela Boishakh) parade.

the occasion is celebrated by people parading the streets, donning traditional colorful Bengali attire and with carnivals, where singing and dancing performances take place.

 Bangladeshis prepare and enjoy a variety of traditional festive foods on Pohela Boishakh. These include Panta Bhat (lightly fermented watered rice), Ilish Bhaja (fried hilsa fish) Roshmalai a sweet delicacy and many special Tarkari (vegetable curries) The celebrations start in Dhaka at dawn with a rendition of Rabindranath Tagore's song "Eshoo he Boishakh" by Chhayanaut under the banyan tree at Ramna (the Ramna Batamul).

 An integral part of the festivities is the Mangal Shobhajatra, a traditional colorful procession organized by the students of the Faculty of Fine Arts, University of Dhaka (Charukala). According to the history, the rudimentary step of Mangal Shobhjatra was started in Jessore by Charupith, a community organization, in 1985. Later in 1989 the Faculty of Fine Arts, University of Dhaka arranged this Mangal Shobhajatra with different motives and themes. Now, the Mangal Shobhajatra is celebrated by different organization in all over the country.

The Dhaka University Mangal Shobhajatra tradition started in 1989 when students used the procession to overcome their frustration with the military rule.

They organized the festival to create masks and floats with at least three theme, one highlighting evil, another courage, and a third about peace. It also highlighted the pride of Bangladeshi people for their folk heritage irrespective of religion, creed, caste, gender or age

In recent years, the procession has a different theme relevant to the country's culture and politics every year. Different cultural organizations and bands also perform on this occasion and fairs celebrating Bengali culture are organized throughout the country. Other traditional events held to celebrate Pohela Boishakh include bull racing in Munshiganj, Boli Khela (wrestling) in Chittagong, Nouka Baich (boat racing), cockfights, pigeon racing

The festival is celebrated with processions, fairs and family time. The festive Mangal Shobhajatra is organized in Bangladesh. In 2016, the UNESCO declared this festivity organized by the Faculty of Fine Arts, University of Dhaka as a cultural heritage of humanity.

Bangladesh Heritage and Ethnic Society of Alberta in Canada celebrates its Heritage Festival (Bengali New Year) in a colorful manner along with different organizations. Bengali people in Calgary celebrate the day with traditional food, dress, and with Bengali culture. Bengali people live on hope and rely on dreams! Whatever the situation may be, Bengalese always hope for a better and brighter future. Every year Bangla New Year brings new hope, goals and dreams for the people of Bangladesh. 

The Bangabandhu Council of Australia every year hosts a Pohela Boishakh event at the Sydney Olympic Park.

By Afshain Afzal

There is an ongoing genocide of indigenous inhabitants in UN recognized dispute Jammu and Kashmir State. Does it matter to anyone? India has established a reign of terror and anyone who demand implementation of UNSC resolutions on Kashmiris' right of self determination are killed in Indian military operations. This year alone hundreds of Kashmiris are missing whose whereabouts are not known. India is bent upon converting this disputed State on model of Dubai and settle thousands of non-state subjects to create a balance between aliens settlers and indigenous inhabitants of Kashmir. India introduced amendment in Unlawful Activities (Prevention) Act (UAPA)1967, which allowed agencies to designate individuals as terrorists and seize their property. Earlier, only organizations could be designated as ‘terrorist organisations’. The UAPA allows detention without trial for six months and turns the burden of proof on the accused. In guise of the new law genocide of Kashmiris is taking place and their properties confiscated and given to others who are ready to invest in the disputed state.

It is on record that Jammu and Kashmir Inspector General of Police (IGP) Vijay Kumar, in an official statement on 9 April 2022, said, “45 terrorists have been killed in Jammu and Kashmir since January this year”. An Indian Junior Commissioned Officer (JCO) serving at 3 Rashtriya Rifles, who claimed to be involved in the operations in Kashmir said, “The 9^th April figures of killings between 1 January and 31 March 2022 by IGP are the official figures, whereas, as per Brigade level briefing at Command Headquarters, 189 Kashmiris have been killed and 1760 youth have been arrested in the Area of Responsibility of Northern Command for their involvement in anti-India activities. We kill normally 2/3 Kashmiris each day in operations and bury silently them under the new rules”.

In the recent development, official statements emerging from different Indian authorities including Indian Army, Central Reserve Police Force (CRPF), Police and Indian Ministry of Home Affairs confirmed that on the basis of input furnished by Indian Military Intelligence (MI) personnel about presence of terrorists in Sirhama village of Sri Gufwara in the Anantnag district, a joint team of the Indian Army, CRPF and J&K Police launched a search and cordon operation on Saturday, 9 April 2022. Later, it was claimed that a hard core Kashmiri terrorist was killed in an encounter identified as Lashkar-e-Tayyiba (LeT) commander Nisar Ahmed Dar while two Indian security forces personnel were injured in the operation. Three days back, two other terrorists, identified as Safat Muzaffar Sofi and Umar Teli were killed in an encounter with Indian security forces in Tral area of Pulwama district.

The question arises whether those Kashmiris killed were terrorists or innocent civilians? We will cover the encounter of 9 April 2022 that killed Kashmiri terrorist as a test case and request international community to carryout probe themselves. There is hardly any Indian electronic media, print media or social media websites which did not cover the 9^th April 2022’s encounter in Anantnag in which a hardcore terrorist was killed after a fierce gun battle. Every entity claimed that Indian Army and the security forces have killed a hard core terrorist Kashmiri belonging to LeT in an encounter in Sirhama village. Some of the media that covered the incident include Zee News, NDTV. Times Now, The Hindu, Economic Times, Business Standard, Outlook India, Times of India, ANI News, PTI, India Today, The Print, Deccan Herald, Republican World, Daily Excelsior, Mid Day, First Post South Asia Terrorism Portal etc.

Interestingly, on 4 January 2020, information was leaked to Indian media and Indian news agency ANI tweeted that Security forces on Friday late night arrested Nisar Ahmad Dar, a most wanted terrorist from Srinagar along with cache of arms and ammunition recovered from his possession. If we critically examine ANI’s tweet two years back at 08:59 am on 4 January 2020, “J&K: Lashkar-e-Toiba terrorist Nisar Dar arrested by security forces last night. He had earlier escaped from an encounter in Kullan Ganderbal in which one Pakistani terrorist was killed”. One wonder how it is possible that a terrorist who was arrested two years back in January 2020 was killed in a joint operation by Indian Army and Security Forces on 9 April 2022. Surprisingly, one Indian media outlet reported, “Police officials said that LeT commander Nisar Ahmad Dar resident of Redwani Bala Kulgam has been killed in Sirhama. It further said that he was involved in several crimes and killings in the area. He was active since 6th May 2021.” How it is possible that when Nisar Ahmad Dar was arrested on 4 January 2020 but he become active from 6 May 2021.

There hundreds and thousands of Kashmiris who have been killed like this and buried without handing over the bodies to their families. How long Indian occupying forces should be allowed to carryout genocide of Kashmiris. Where the United Nations Organization has so far failed in implement its own resolutions in the disputed region of Jammu and Kashmir state, what can be expected from other Human Right Organizations. Mere statement by these organizations would not suffice. UNO has deployed UNMOGIP but when the mission does not have a mandate beyond the Line of Control (LoC), one fails to understand purpose of existence of UNMOGIP, which has 44 Military Observers, 25 International non-military personnel and 47 local non-military staff. It is high time that all the world leaders, especially the UNO should stand and support oppressed Kashmiris of Indian held Jammu and Kashmir. There is no doubt that Jammu and Kashmir is witnessing a renewed stage of freedom struggle to make the world realize that Jammu and Kashmir is not an internal matter of India

By Afshain Afzal

There is an ongoing genocide of indigenous inhabitants in UN recognized dispute Jammu and Kashmir State. Does it matter to anyone? India has established a reign of terror and anyone who demand implementation of UNSC resolutions on Kashmiris' right of self determination are killed in Indian military operations. This year alone hundreds of Kashmiris are missing whose whereabouts are not known. India is bent upon converting this disputed State on model of Dubai and settle thousands of non-state subjects to create a balance between aliens settlers and indigenous inhabitants of Kashmir. India introduced amendment in Unlawful Activities (Prevention) Act (UAPA)1967, which allowed agencies to designate individuals as terrorists and seize their property. Earlier, only organizations could be designated as ‘terrorist organisations’. The UAPA allows detention without trial for six months and turns the burden of proof on the accused. In guise of the new law genocide of Kashmiris is taking place and their properties confiscated and given to others who are ready to invest in the disputed state.

It is on record that Jammu and Kashmir Inspector General of Police (IGP) Vijay Kumar, in an official statement on 9 April 2022, said, “45 terrorists have been killed in Jammu and Kashmir since January this year”. An Indian Junior Commissioned Officer (JCO) serving at 3 Rashtriya Rifles, who claimed to be involved in the operations in Kashmir said, “The 9^th April figures of killings between 1 January and 31 March 2022 by IGP are the official figures, whereas, as per Brigade level briefing at Command Headquarters, 189 Kashmiris have been killed and 1760 youth have been arrested in the Area of Responsibility of Northern Command for their involvement in anti-India activities. We kill normally 2/3 Kashmiris each day in operations and bury silently them under the new rules”.

In the recent development, official statements emerging from different Indian authorities including Indian Army, Central Reserve Police Force (CRPF), Police and Indian Ministry of Home Affairs confirmed that on the basis of input furnished by Indian Military Intelligence (MI) personnel about presence of terrorists in Sirhama village of Sri Gufwara in the Anantnag district, a joint team of the Indian Army, CRPF and J&K Police launched a search and cordon operation on Saturday, 9 April 2022. Later, it was claimed that a hard core Kashmiri terrorist was killed in an encounter identified as Lashkar-e-Tayyiba (LeT) commander Nisar Ahmed Dar while two Indian security forces personnel were injured in the operation. Three days back, two other terrorists, identified as Safat Muzaffar Sofi and Umar Teli were killed in an encounter with Indian security forces in Tral area of Pulwama district.

The question arises whether those Kashmiris killed were terrorists or innocent civilians? We will cover the encounter of 9 April 2022 that killed Kashmiri terrorist as a test case and request international community to carryout probe themselves. There is hardly any Indian electronic media, print media or social media websites which did not cover the 9^th April 2022’s encounter in Anantnag in which a hardcore terrorist was killed after a fierce gun battle. Every entity claimed that Indian Army and the security forces have killed a hard core terrorist Kashmiri belonging to LeT in an encounter in Sirhama village. Some of the media that covered the incident include Zee News, NDTV. Times Now, The Hindu, Economic Times, Business Standard, Outlook India, Times of India, ANI News, PTI, India Today, The Print, Deccan Herald, Republican World, Daily Excelsior, Mid Day, First Post South Asia Terrorism Portal etc.

Interestingly, on 4 January 2020, information was leaked to Indian media and Indian news agency ANI tweeted that Security forces on Friday late night arrested Nisar Ahmad Dar, a most wanted terrorist from Srinagar along with cache of arms and ammunition recovered from his possession. If we critically examine ANI’s tweet two years back at 08:59 am on 4 January 2020, “J&K: Lashkar-e-Toiba terrorist Nisar Dar arrested by security forces last night. He had earlier escaped from an encounter in Kullan Ganderbal in which one Pakistani terrorist was killed”. One wonder how it is possible that a terrorist who was arrested two years back in January 2020 was killed in a joint operation by Indian Army and Security Forces on 9 April 2022. Surprisingly, one Indian media outlet reported, “Police officials said that LeT commander Nisar Ahmad Dar resident of Redwani Bala Kulgam has been killed in Sirhama. It further said that he was involved in several crimes and killings in the area. He was active since 6th May 2021.” How it is possible that when Nisar Ahmad Dar was arrested on 4 January 2020 but he become active from 6 May 2021.

There hundreds and thousands of Kashmiris who have been killed like this and buried without handing over the bodies to their families. How long Indian occupying forces should be allowed to carryout genocide of Kashmiris. Where the United Nations Organization has so far failed in implement its own resolutions in the disputed region of Jammu and Kashmir state, what can be expected from other Human Right Organizations. Mere statement by these organizations would not suffice. UNO has deployed UNMOGIP but when the mission does not have a mandate beyond the Line of Control (LoC), one fails to understand purpose of existence of UNMOGIP, which has 44 Military Observers, 25 International non-military personnel and 47 local non-military staff. It is high time that all the world leaders, especially the UNO should stand and support oppressed Kashmiris of Indian held Jammu and Kashmir. There is no doubt that Jammu and Kashmir is witnessing a renewed stage of freedom struggle to make the world realize that Jammu and Kashmir is not an internal matter of India.

President of Sri Lanka “Gotabaya Rajapaksa” has drawn the anger of protesters, who called for his resignation outside his residence on Thursday, situation is getting worse day by day as the protestors wants the resignation of Rajapaksa’s family .As per prevailing situation Sri Lanka’s president declared a state of emergency in the island nation on Friday, a day after angry protesters demonstrated near his home demanding he resign and as plans were made for a nationwide protest over the country’s worst economic crisis in memory.

Emergencies in Sri Lanka are declared under the legal framework of the colonial-era Public Security Ordinance. Section 2 of the PSO empowers the President of Sri Lanka to declare an emergency in two situations:

First, when it is required in the interest of public security and preservation of public order.

Second, when it is necessary for the maintenance of supplies and services essential to the life of the community.
President Gotabaya Rajapaksa invoked sections of the Public Security Ordinance, which gives him authority to make regulations in the interests of public security, preservation of public order, suppression of mutiny, riot or civil commotion or for the maintenance of essential supplies.

Under the emergency regulations the president can authorize detentions, taking possession of any property and the search any premises. He can also change or suspend any law.

Constitution of democratic socialist republic of Sri Lanka also gives right to president to deployed armed forces with the recommendations of commission under Article 104(d) stated:

”It shall be lawful for the Commission, upon the making of an Order for the holding of an election or the making of a Proclamation requiring the conduct of a Referendum, as the case may be, to make recommendations to the President regarding the deployment of the armed forces of the Republic for the prevention or control of any actions or incidents which may be prejudicial to the holding or conducting of a free and fair election or Referendum, as the case may be.”

The constitution of democratic socialist republic of Sri Lanka also restricts the fundamental rights in the interest of national security under Article 15(1):

“The exercise and operation of the fundamental rights declared and recognized by Articles 13(5) and 13(6) shall be subject only to such restrictions as may be prescribed by law in the interests of national security. For the purposes of this paragraph “law” includes regulations made under the law for the time being relating to public security”.

By Afshain Afzal
The good offices of President Recep Tayyip Erdogan has worked well for the peace in the Russian- Ukraine conflict. In a big surprise, Ukrainian President Volodymyr Zelensky could not believe Russian move of withdrawal despite Western propaganda of Russian strategy to trap Ukrainian forces. Transport aircrafts and military vehicles were seen withdrawing Russian troops. In a video address two days back, Ukrainian President Zelensky urged residents to wait to resume their normal lives as there can be danger of mines all around
There was visible withdrawal of Russian troops concentration from Mariupol, Kyiv and Chernihiv. Witnesses confirmed Russian withdrawal from the north of Ukraine and many other parts. Media reports confirmed that since 1 April, Russian military personnel in unions are withdrawing back outside the Ukrainian territory including Belarus. An International Committee of the Red Cross (ICRC) team which traveled to Mariupol confirmed about their access to the local population.
The High Commissioner of Refugees has confirmed that thousands of Ukrainian refugees from Moldova, Romania, Slovakia, Poland, Hungary and Russian Federation have started returning to their homes in Ukraine. The website of UN High Commissioner for Refugees (UNHCR) regarding Ukraine Refugee situation still reflect the figure of 4,215, 047 on 3 April 2022, which is not correct. Witnesses says that those refugees who have received cash assistance from UNHCR have preferred returning to Ukraine.
Acceptance of cease fire and withdrawal by Russian forces on the orders of Russian President Vladimir Putin is due to the solo efforts of Turkish President Recep Tayyip. Turkish efforts have been appreciated throughout the world as it averted the world from witnessing a major tragedy.

Current situation of Pakistan:

Pakistan's President Dr Arif Alvi on 3 April 2022, dissolved the National Assembly on the advice of Prime Minister Imran Khan under Article 58(1) of the constitution of Pakistan, 1973.

Earlier, the no-confidence motion against Prime Minister Imran Khan was dismissed abruptly on Sunday 3 April 2022, after National Assembly Deputy Speaker Qasim Suri termed it "unconstitutional", saying that it was backed by "foreign powers" He disallowed voting on the no-trust motion and adjourned the session for an indefinite period. Former Law and Information Minister Fawad Chaudhry read out Article 5 of the Constitution and accused the Opposition of "disloyalty to the state."

 Legal Questions:-

Can a new Prime Minister be elected in the same session?

New prime minister cannot be elected in the same session because Under Article 58(2) of the Constitution, upon passing of the vote of no-confidence against the current premier, a separate session of the National Assembly is to be called. The sole purpose of the session is then to ascertain whether another member of the National Assembly commands the confidence of the majority.

Can the speaker of the assembly delay the session to elect a new Prime Minister?

The speaker of the assembly cannot delay the session to elect a new prime minister because after passing the vote of no-confidence, the summoning of the session to elect a new premier is the collective responsibility of the National Assembly.

Rule 32 of the Rules of Business stipulates that "whenever the office of the Prime Minister falls vacant for any reason, the assembly shall, to the exclusion of any other business, proceed to elect without debate one of its Muslim members to be the prime minister". Provided: According to the procedures, the opposition may move requisition for this purpose and the speaker is bound to act upon it.

Can the president request a prime minister, against whom a vote of no-confidence has been passed, to continue in office under Article 94 till a successor is chosen?

No, because under the procedures stipulated in Article 95, the prime minister ceases to hold office immediately after the passing of the vote of no-confidence. The president does not have the authority to request the prime minister to continue. The option to resume is reserved for those who resign themselves or call for a dissolution of the National Assembly.

According to Rule 38 of the Rules of Business further clarifies the situation mandating that when a resolution of no-confidence is passed, the speaker shall forthwith intimate the result to the president and the secretary shall cause a notification to be published in the Gazette.

Can Article 248 falls under this prevailing situation?

Article 248 is related to the Protection of President, Governor, Minister, etc. According to this Article, it will protect President and Prime minister in a situation where they exercise their rights lawfully, so as per the prevailing situation, Article 248 did not protect the Prime minister as he violated Article 58(1) and amounts to high treason.

Conclusion:

According to my point of view, Imran Khan`s advice to President to dissolve National Assembly is a violation of the Constitution. The Government has violated the Constitution by not allowing voting on the no-confidence motion. As deputy speaker, Qasim Suri dissolved the assembly on a basis of Article 5 of the constitution of Pakistan which says that it is the basic duty of every citizen to show loyalty to the State and show some obedience towards the state but on the other hand Article 58 provides that:

"Prime Minister" shall not be construed to include reference to a Prime Minister against whom a notice of a resolution for a vote of no-confidence has been given in the National Assembly but has not been voted upon or against whom such a resolution has been passed or who is continuing in office after his resignation or after the dissolution of the National Assembly.

According to this article Prime minister does not has any right to dissolve the assembly so he is liable for the violation of the constitution which amounts to high treason.

Imran Khan is liable for high treason in a following manner:

1. He recognizes the martial law

2. He violates the constitution of Pakistan

3. Act of deputy Speaker is illegal and it is amount to high treason.

Therefore, If any act or order is a nullity in law, it is considered void ab initio and any proceedings flowing from it are also void. A nullity can't be perpetuated. The prime minister’s right to seek dissolution of assemblies via the President ceases to exist till a motion of vote of confidence is pending vote.

Dismissing the motion under Article 5 was unconstitutional and through that, the premier assuming the right to ask the President to dissolve the Assembly is also void. Furthermore, the Deputy Speaker dismissing the motion under Article 5 is also a charge sheet against the 86 parliamentarians, who had presented the motion that they are acting against the interest of Pakistan.

Supreme Court's Action:

"The court not only can, but must intervene," the SC will likely declare the Speaker's ruling illegal, which in turn, would strike down the President's action to dissolve the National Assembly. If the Supreme Court accepts that the Assembly stands dissolved and elections should take place, it would in effect be validating prevailing unconstitutional proceedings. The SC will most likely reverse all proceedings and direct for the no-trust motion to be put to vote in line with Constitution.

By Afshain Afzal

Sudden rise in prices especially fuel and key commodities has forced the nation to come to the streets. Due to tense law and order situation, Colombo has deployed military personnel at hundreds of petrol stations to help distribute fuel. Due to the shortages people are forced to stand in queue for hours, making the life of an ordinary citizen difficult. There are many city areas where people were seen fighting with each other over pity commodities.

The main reason behind the prevailing crisis is shortage of foreign exchange, which Sri Lanka use to earn mostly through tourism industry, was strong measures to control spread of pandemic COVID-19 and strict hostile anti-terrorism measures after the Easter Sunday terrorist attacks in 2019. Apperantly, the situation has been jointly created by India and United States of America in order to lead events that force the government to approach the International Monetary Fund (IMF).

It caused damage to economy as annual fiscal deficits exceeded 10 percent of GDP in 2020 and 2021, due to weak revenue performance in the wake of the pandemic, and expenditure measures to control pandemic and combat terrorism. On 25 February 2022, Executive Board of the International Monetary Fund (IMF) concluded the Article IV consultation with Sri Lanka. The Article IV entitles IMF to collect economic and financial information including central government debt, guaranteed debt, and the CBSL’s foreign liabilities, which is measured by the Colombo Consumer Price Index. Accordingly, IMF hold bilateral discussions with officials to reform country’s economic developments and policies.

Colombo financial experts recommended devaluation of currency but it further aggravated the situation. International experts opinioned that evaluation of its currency was a wise step of Sri Lanka. The IMF reforms would lead to further long term instability. In addition to worse economic situation, the security situation of Island nation is also deteriorating. Recently, after Chinese announcement of suspending its plan to build power plants on three Sri Lankan islands. The US and India are beating their chests as victory due to security concerns. India considers Sri Lanka, just across the narrow Palk Strait off India’s southeastern coast, to be within its sphere of influence. The island nation strategic location can be judged from the fact that the country is on a key sea route connecting East and West and is important to China’s ambitious “Belt and Road” global infrastructure initiative.

India also signed agreements on a Maritime Rescue Coordination Centre (MRCC) with a grant of $6 million from New Delhi. and a fisheries harbours in Sri Lanka, curriculum software in 200 schools in Galle district and between Sushma Swaraj Institute of Foreign Service and the Bandaranaike International Diplomatic Training Institute. In fact, India has shown hope to Sri Lanka for economic recovery and international coordination which paved way for forcing Colombo to agree on mutual security as well as discussions on long pending fishermen’s issues.

In another development, US Export-Import Bank’s board of directors voted to formalize the bank’s approval for financing and guarantee deals worth up to $381 million for three countries including Sri Lanka. American Citibank that backs a $500 million facility to allow 365 suppliers of aircraft maker Boeing to receive accelerated receivables payments related to export sales of Boeing aircraft. After wining of $56 million contract by Wabtec Corp, EXIM approved a $48 million loan guarantee to support the sale of 12 US made Wabtec Corp locomotives, acquired General Electric, to Sri Lanka Railways. The growing interest of US in Sri Lanka, led to Two defense cooperation agreements between the United States and Sri Lanka, the already signed Acquisition and Cross-Servicing Agreement (ACSA) and the under-negotiation Status of Forces Agreement (SOFA), Washington has also signed a Free Trade Agreement (FTA) with Sri Lanka.

In another recent development, Sri Lankan President has declared a state of emergency, giving unlimited powers to security forces, after hundreds tried to storm his house in anger over prevailing economic crisis. No doubt, the foreign aid would temporarily resolve the issue and improve security situation but it is neither the medium term nor long term solution. If we recall, Indian interference in Maldives led to country-wide protests and “Out India” campaign but Maldivian leadership seems divided over the issue. Sri Lanka is no exception as foreign interferences is likely to lead compromise of sovereignty and national integrity. It is easy to invite foreign interest groups to carryout investments but their expulsion is always a difficulty task.

By Afshain Afzal

With a just single incident of missile attack reported for whole 29^th March, the locals witnessed the halt of Russian attacks as sigh of relief. The Turkish Foreign Ministry confirming that the Tuesday, 29 March 2022 talks, were successful, the 30^th March direct talks are seen as a ray of hope. This time there was no publicity of the Turkish convening of new round of talks or beating of chest by either side, even the successful round conducted via video link was not given much coverage. Turkish mediation in the direct talks was successful as President Volodymyr Zelenskyy special assistant also confirmed without giving any further details that 30 March meeting will bring fruits. Ukrainian Foreign Minister Dmytro Kuleba was quoted to have said, “In talks with Russia in Turkey both sides agreed in principle on a cease-fire”.

In the Istanbul moot the peace agenda points have already been agreed upon. Withdrawal will start from Kyiv, Chernihiv and other locations.

The efforts of Turkish President Recep Tayyip Erdogan are being appreciated by not only Moscow and Kyiv but internationally, President Erdogan is seen as “The man who averted World War”. A great human tragedy has been averted. The International Federation of Red Cross (IFRC) has flashed that an estimated 18 million people in Ukraine are needing humanitarian aid psot Russia’s invasion and their displacement from their homes. With the successful Istanbul talks and agreement on cease fire followed by gradual withdraw, the Jews, Christian and Muslims have expressed thanks to President Erdogan and recommended his name for “Noble Peace Award”.