News
Judges’ bid to thwart APIT: Final ruling in three months
Court declines to extend interim order
By Shamindra Ferdinando
The Court of Appeal, on 25 July, said that the final judgment on an unprecedented case of three associations of judicial officers moving Court against the imposition of Advanced Personal Income Tax (APIT) in terms of Inland Revenue Act No 24 of 2017 as amended by Act No 45 of 2022, should be delivered within three months.
Having said so, the Court declined to further extend its interim order that prevented the Justice Ministry from deducting the APIT from the monthly salaries of the High Court Judges, District Judges, Additional District Judges, Magistrates, Additional Magistrates and Presidents of the Labour Tribunal. The Court issued notices on the respondents in three petitions filed by the High Court Judges’ Association, the Judicial Service Association and Presidents of Labour Tribunals.
The bench comprised President of the Court of Appeal N. Bandula Karunaratna, Sobitha Rajakaruna, Menaka Wijesundara, D. N. Samarakoon and Neil Iddawala. The Court dealt with, what was called, an instant application filed in terms of Article 140 of the Constitution by three petitioners.
The petitions were fixed for argument on 22 and 26 September.
The respondents were A.S.M. Jayasingha, Chief Accountant, Justice Ministry, Wasantha Perera, Secretary, Justice Ministry, D. R. S. Hapuarachchi, Commissioner General of Inland Revenue, and the Attorney General. The respondents were represented by Nirmalan Wigneswaran, DSG, with M. Jayasinghe, DSG, and Shiloma David, SC.
Dr. Romesh de Silva, PC, with Sugath Caldera and Niran Anketell, appeared for two petitioners whereas Shammil J. Perera, PC, with Primal Ratwatte, Chamath Fernando and Duthika Perera, represented the other.
The petitioners stated that they sought intervention of Court in the absence of any other alternative to uphold and preserve the rights of judicial officers and safeguard the Doctrine of Separation of Powers, the independence and impartiality of the judiciary. Having told the Court that if the said judicial officers were subjected to APIT, an individual would be taxed annually to the tune of Rs 1,500,000, the petitioners declared the move was contrary to the United Nations Basic Principles on the independence of the judiciary.
They sought to recover the deducted taxes and suspend the deductions until the final determination of the case.
However, the Counsel for the respondents petitioners misrepresented material facts to the effect that judges had been subjected to APIT. The Court has been informed that there had been no change in the process and those who moved Court in this regard were subjected to APIT even before the enactment of the Inland Revenue (Amendment) Act No 45 of 2022. The SC has been told how the said Act applied to judges and the circumstances of both vehicle and housing allowances, too, subjected to taxation in terms of the Inland Revenue Act, as well as direction and guidelines issued by the Commissioner General of Inland Revenue.
The Counsel for the respondents also stated that the petitioners failed to bring to the attention of the Court of Appeal that the SC, in considering the Inland Revenue (Amendment) Bill, specifically considered whether the salary of judges is taxable and would impact the independence of the judiciary.
News
Switzerland to vote on plan to cap population at 10 million
Can a country put a fixed limit on its population? That is the question Switzerland will be answering on Sunday when voters go the polls to decide on a proposal to cap their population at 10 million, a move that has exposed divisions about immigration in the Alpine nation.
The move is backed by the right-wing Swiss People’s Party, which describes it as a “sustainability initiative” aimed at easing pressure on housing, public services and the environment. However some voters see this as the party’s latest anti-immigration move.
Dubbing it a “chaos initiative”, the government, other political parties, business leaders and trade unions argue it will deprive hospitals and hotels of much needed staff, and damage hard-won relations with the European Union, leaving non-EU member Switzerland isolated in a very risky world.
Switzerland’s population has grown rapidly since 2002, when it stood at 7.3 million. Now it is 9.1 million, 27% of whom are Swiss residents who were born abroad.
Switzerland’s system of direct democracy means all major decisions are taken via the ballot box. Campaigners simply have to gather 100,000 signatures to ensure a nationwide vote.
Many voters are concerned by overcrowded trains, expensive apartments and rising health costs.
The latest opinion polls indicate this could be a very close vote.
They suggest voters are inching towards a no vote by a wafer thin margin, with 52% opposed – but polls remain divided, with 45% saying they are in favour of the proposal and a significant number of voters still undecided.
[BBC]
News
Court orders former Atamasthanadhipathi to provide blood sample for DNA testing
Anuradhapura Chief Magistrate, Siyapath Sasindu Wickramaratne, on Friday (12) ordered former Atamasthanadhipathi Pallegama Hemarathana Thera, who stands accused in a case involving the alleged serious sexual abuse of a minor girl, to provide a blood sample for DNA testing.
Accordingly, the court directed the suspect monk to appear before the Government Analyst’s Department on June 16 and provide a blood sample to the Government Analyst.
The order was issued after considering a further report submitted to court by the Nittambuwa Police.
Police informed the court that, pursuant to an earlier court order, certain case material had been forwarded to the Government Analyst on May 4, 2026, for DNA examination.
According to police, the material consisted of clothing allegedly stained with blood, which had been buried and concealed by the girl and later recovered during investigations.
Police further informed the court that the Government Analyst’s report had confirmed the presence of DNA evidence on the clothing.
Investigators told court that it was necessary to obtain a biological sample from the suspect monk in order to compare it with the DNA evidence recovered from the garments.
Police therefore requested an order compelling the suspect to provide a blood sample so that it could be determined whether the DNA evidence found on the girl’s clothing matched that of the suspect.
Having considered the submissions, the Magistrate ordered the suspect monk to provide the blood sample. The court also directed the Government Analyst to submit the report of the subsequent DNA examination.Pallegama Hemarathana Thera was previously remanded in connection with the case and was later released on stringent bail conditions.
News
High fuel prices spark outrage in transport sector, services halved
(Asiatimes) From this week, those using private buses in Sri Lanka may face severe transport disruption, as operators in the sector have decided to cut services by 50%. Among the reasons for the protest are mounting losses, rising fuel costs and the government’s failure to grant fare concessions. At a press conference held on 7 June, Gemunu Wijeratne, president of the Sri Lanka Private Bus Owners’ Association, explained that “the authorities have not responded positively to requests for a review of bus fares and support measures regarding fuel”.
Meanwhile, around 25% of private transport vehicles have already voluntarily ceased operations due to financial difficulties. According to the majority of owners, “the decision comes after ongoing disputes with the authorities regarding fare adjustments and financial relief, which have not been met to date, despite numerous requests made over a long period”. Commuters, especially in Colombo and the surrounding areas, risk facing delays and overcrowding as the reduced fleet operates under the new directive.
According to Wijeratne, “the association will continue to provide a reduced service until the government approves a revised bus fare, in line with the rise in fuel prices”. The alternative for the government, he continues, is to provide “a direct subsidy to operators, as recent fuel price increases have placed considerable pressure on daily transport operators”.
During peak hours such as the morning, school finishing times and the evening rush hour, only essential services will be guaranteed. During these times, instead of four journeys, only three will be made. Overall, operations will be reduced to around 50%. “The government,” the chairman clarifies, “must take responsibility for this situation, as the majority of students and employees use private buses for their daily commutes, particularly to and from Colombo to various parts of the country.”
Operators in the sector point out that although they requested a temporary exemption to guarantee bus services for one month, neither the National Transport Commission nor the Minister of Transport responded positively. The annual fare review is due to be implemented during the first week of July, adding that they have the “legal authority” to “apply the revised fares”. On 5 June, Wijeratne continues, “we held discussions that were unsuccessful. Diesel prices are expected to rise by the end of this month. In view of all this, we are proceeding with the fare review. This year’s fare adjustment will be difficult for the public to bear, as all costs have risen by around 20–25%”.
The president of the Association of Private Bus Owners concludes by noting that “we cannot continue to operate at a loss. For this reason, we have asked the authorities for some concessions on diesel within the regulatory framework, but these measures have not been implemented. We have therefore decided to step up our industrial action. This week we will intensify our action by changing timetables and limiting operations. The decision was taken – he notes – due to the lack of a positive response to the request for a fare review following the recent rise in fuel prices”.
Recently, the Ceylon Petroleum Corporation (CPC) increased fuel prices in accordance with its monthly pricing formula. Among the changes, the price of a litre of petrol was increased by 15 rupees, rendering the current tariff structures unsustainable. To grasp the scale of the emergency and understand the impact on the population, AsiaNews spoke to Akalanka Punchihewa, Senuli Amrasekara and Dunesh Mayadunne, commuters from various parts of the country who travel to the capital every day for work. “We struggle,” they confirm, “to get to work from Kandy, Kurunegala and Galle. The recent decision by private bus operators is a severe blow, as we have to spend several hours in long queues just to get on a bus. The service provided by buses run by the Sri Lanka Transport Board (SLTB) is inferior to that of private buses. And we cannot,” the commuters conclude, “afford to travel to work by car or motorbike, as we are unable to bear the increased cost of fuel.”
by Arundathie Abeysinghe
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