News
Constitution making: SJB won’t make submissions to Expert Committee
Kiriella: Why should we go to reinvent the wheel?
By Shamindra Ferdinando
Chief Opposition Whip and senior Samagi Jana Balavegaya (SJB) MP Lakshman Kiriella yesterday (20) said that his party wouldn’t make representations to the government appointed Expert Committee engaged in formulating constitutional proposals.
The Cabinet appointed the committee in early Sept, less than a month after the general election in Aug 2020. Lawmaker Kiriella said so in response to The Island query whether the SJB would make representations to the nine-member committee chaired by Romesh de Silva, PC. The deadline for submission of proposals is Dec 31, 2020.
The top SJB spokesperson dismissed the committee as a government body engaged in a propaganda exercise. When The Island pointed out that as the Justice Ministry had called for public proposals in that regard therefore the breakaway UNP faction could take advantage of the opportunity, lawmaker Kiriella said that the previous parliament comprehensively dealt with the issue. The then Prime Minister Ranil Wickremesinghe spearheaded the process.
“Why should we reinvent the wheel”, MP Kiriella asked, urging what he called the SLPP appointed committee to examine the constitution making process undertaken by the previous parliament. Those who now identified themselves as the SLPP fully participated in the process though that grouping was then called the Joint Opposition, MP Kiriella said. The incumbent government couldn’t simply ignore what had been agreed in the previous parliament, the Kandy District SJB leader said.
“Of course, we reached consensus on some issues though there were differences. But, political parties represented in parliament largely agreed on the proposals. Therefore, the work undertaken by the previous parliament could be quite useful and should be the basis for the ongoing effort,” lawmaker Kiriella asserted.
The Justice Ministry recently called for submissions from the public pertaining to 11 subjects namely (1) nature of the State (2) fundamental rights (3) language (4) directive principles of State policy (5) the executive (President/cabinet of ministers/the Public service) (6) the legislature (7) franchise and elections, including referenda (8) decentralization/devolution of power/power sharing (9) the judiciary (10) public finance and (11) public security. The Justice Ministry also welcomed any other proposals specifically not referred to above.
Asked whether the UNP pushed for early Provincial Council polls, lawmaker Kiriella said that the government, in the run-up to 2019 presidential and August 2020 parliamentary polls repeatedly pledged introduce a new Constitution. So instead rushing to hold PC polls, the government should unveil its constitutional proposals as soon as possible, Kiriella said.
“Let us see how the incumbent administration intended to address the national problem. The UNP introduced 13th Amendment to the Constitution to address the grievances of the minorities. Mahinda Rajapaksa, in his capacity as the war winning President offered 13 plus. Explain what the President, the Prime Minister envisaged in terms of the proposed 13th Amendment,” the former UNPer said.
Kiriella said that the national question couldn’t be settled without sufficient devolution of powers to ensure the minorities felt comfortable and confident living among the majority community. Kiriella, who had served both SLFP and UNP led cabinets, said that during their constitution making process during the previous administration, Chief Ministers representing provinces other than the North and East, pushed for greater powers.
Responding to another query, MP Kiriella said that there hadn’t been a previous instance since JRJ introduced 1978 Constitution, where all political parties participated in a common agenda meant to bring in a new law.
The MP alleged having wasted several months in a high profile bid to secure the passage of the 20 Amendment with a 2/3 majority, the government wasn’t really sure of its strategy.
“Obviously, SLPP is divided over the new constitution making proposals,” MP Kiriella said, pointing out that the SLPP was yet to submit its proposals to its own committee.
It has been reported quoting family sources that veteran singer Mariazelle Goonetilleke has passed away this morning (10) at the age of 68
She had been receiving treatment at the Kalubowila Teaching Hospital.
The wife of retired Major General Suresh Sallay has lodged a further complaint with the Human Rights Commission of Sri Lanka (HRCSL), alleging that her husband’s fundamental rights continue to be violated as Criminal Investigation Department (CID) officers prevent him from having confidential consultations with his lawyer while he is under detention at the National Hospital.
In a letter addressed to the HRCSL Chairman on Thursday, Mrs. S.B.M.S.B. Sallay has said the latest complaint was filed in relation to an earlier complaint concerning the detention and treatment of her husband.
Full text of the letter: I, Mrs. S.B.M.S.B. Sallay, respectfully write to lodge this further complaint in relation to my earlier complaint bearing reference H RC-HO-1 103-26, concerning the detention and treatment of my husband, Retired Major General Suresh Sallay.
I wish to bring to the attention of the Commission a further serious violation of his fundamental rights that occurred on 08 July 2026 during a consultation between my husband and his Attorney-at-Law, Mr. Asith Siriwardena, while my husband remains under detention and is receiving treatment at the National Hospital.
I am informed by his Counsel that he is presently permitted to consult with my husband only once a week for a period of approximately twenty minutes. During the consultation held on 08 July 2026, officers of the Criminal Investigation Department (CID) stationed at the Cardiac Coronary Care Unit of the National Hospital informed Counsel that they had received instructions from higher authorities that my husband should not be permitted to meet with his
legal counsel in private. Consequently, the officers remained present throughout the consultation and refused to permit a confidential lawyer-client meeting.
This conduct constitutes a grave infringement of my husband’s fundamental right to communicate privately and confidentially with his legal counsel. Confidential communication between an accused or detainee and his lawyer is an indispensable safeguard of the right to legal representation, the right to prepare his defence, and the right to a fair trial. The denial of confidential legal consultations undermines these fundamental protections guaranteed under the Constitution of the Democratic Socialist Republic of Sri Lanka and the applicable provisions governing persons detained under the Prevention of Terrorism Act.
The confidentiality of communications between a lawyer and client is also a well-recognized principle under international human rights law and forms an essential safeguard against arbitrary detention, coercion, and unfair legal proceedings.
In view of the foregoing, I respectfully request the Human Rights Commission of Sri Lanka to urgently intervene and take all necessary steps within its statutory mandate to:
1. Ensure that my husband is afforded immediate and unrestricted confidential access to his legal counsel without the presence or supervision of law enforcement officers;
2. Inquire into the instructions allegedly issued by higher authorities requiring CID officers to remain present during lawyer-client consultations;
3. Direct the relevant authorities to cease any practice that interferes with confidential legal consultations; and
4. Take such further action as the Commission considers appropriate to safeguard my husband’s constitutional and human rights.
This complaint is made as a further complaint to Complaint No. H RC-HO-1103-26, and I respectfully request that it be placed on the same file and considered together with my previous complaints.
I respectfully seek the Commission’s urgent intervention in this matter.
The Supreme Court yesterday (9) upheld a Colombo Commercial High Court order directing former Minister Wimal Weerawansa to pay Rs. 1 million in damages to Janatha Vimukthi Peramuna (JVP) General Secretary Tilvin Silva for violating intellectual property rights.
A three-member Supreme Court bench dismissed in its entirety an appeal filed by Weerawansa challenging the earlier Commercial High Court ruling.
The case was instituted by Silva, who alleged that Weerawansa had violated provisions of the Intellectual Property Act by publishing his book “Neththa Wenuwata Aththa” (“Truth Instead of Lies”), which contained the JVP’s political ideology and official party documents without authorisation.
The Supreme Court also affirmed the order restraining the publication and distribution of the book in its existing form. However, the court ruled that the book could be republished if the 60-page section identified as infringing intellectual property rights was removed.
Dharmaraja and Kingswood set for historic rugby clash on Saturday
Sri Lankan singer Mariazelle Goonetilleke passes away at the age of 68
Tensions erupt in Indian state after 11-year-old raped and murdered
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