News

Sections of Telecom Bill inconsistent with Constitution- SC

Published

1 year ago

2024/06/19

The Supreme Court has determined that some sections of the Telecommunications Amendment Bill are inconsistent with the Constitution.

The Determination of the Court as to the constitutionality of the Bill, titled “Sri Lanka Telecommunications (Amendment) Bill,” is as follows:

1) Proposed Section 9A (2) [Clause 8] states that the TRC may give the provider or operator who is the subject of such investigation, an opportunity to be heard and produce documents before making a determination and thereafter make an appropriate order. The use of the word “may” might be construed to mean that it is not compulsory for the rules of natural justice to be followed which makes it inconsistent with Article 12 (1) of the Constitution. The inconsistency will cease if the word “may” be replaced with the word “shall”.

2) Clause 9 of the Bill is inconsistent with Article 12 (l) of the Constitution and can only be passed with the special majority required under paragraph (2) of Article 84.

The learned ASG submitted that the following amendment will be moved at the Committee Stage:

Page 8, Clause 9: delete line l0 to II and substitute the following:- “frequency spectrum into number of bands based on International Telecommunication Union policies and guidelines or international best practices, in the best interest of the efficient management of the frequency spectrum and specify the service or”;

We are of the view that the inconsistency with Article 72 (7) will cease if Clause 9 is amended as suggested.

3) The learned ASG submitted that a further amendment is proposed to Clause 9 as follows:

Page 8, Clause 9: insert the following immediately after line l7:- “(d) vary the service or services or purpose for which such radio frequency has been assigned, from time to time.”

The proposed amendment is inconsistent with Article 727lL) read with Articles 3 and 4 of the Constitution and can only be passed with the special majority required under paragraph (2) of Article 84 and approved by the People at a Referendum by virtue of Article 83.

4) Clause 12 [proposed Section 17(10)] of the Bill is inconsistent with Article 72(t) of the Constitution and can only be passed with the special majority required under paragraph (2) of Article 84.

The inconsistency will cease if: (i) the word “facility” in Clause 12, page L3 line 14 is replaced with the word “infrastructure”; (ii) line 17 on page 13 is deleted and substitute the following: “specified by regulations made under this Act.”

5) Clause 13 [proposed Section 17A. (1)] is vague and overly broad and therefore inconsistent with Article L2 (7) of the Constitution and can only be passed with the special majority required under paragraph (2) of Article 84. The inconsistency will cease if Section 77A. (1.) in Clause 13 is amended by deleting the words “and on any contravention of the provisions of this Act or any regulation or rule made thereunder”

6) Clause 13 [proposed Section 178] is vague and confer unfettered power on the TRC to revoke a licence and is inconsistent with Article 72 (7) of the Constitution and can only be passed with the special majority required under paragraph (2) of Article 84.

The inconsistency will cease if: (a) proposed Section 178 (4) (b) is deleted; and (b) proposed Section 178(6) is amended by deleting the words “on the breach of any terms and conditions of the licence or”; (c) proposed Section 17 (8Xd) is deleted.

7) Clause 18 (5) [proposed sections 22 (3A) and 22 (38)] are vague and is inconsistent with the fundamental rights guaranteed by Article L4 (L)(a), La (1Xg) and 72 (7) and can only be passed with the special majority required under paragraph (2) of Article 84.

The inconsistency will cease if Clause 18(5) is amended as follows: Page 24. Clause I 8 : (l) delete lines I to 22 (both inclusive) and substitute the following:- “(3A) In the overall planning and management of radio frequency spectrum, the Commission shall have power to- (a) direct any person to whom a licence has been issued under subsection (l) to comply with and to implement new technologies for the efficient use of radio frequency spectrum in the public interest; and (b) vary any radio frequency after giving written notice to the relevant person prior to a reasonable period of such variation and giving reasons therefor.

(3B) Any person who is aggrieved by the variation of the radio frequency referred to in paragraph (b) of subsection (3A) may appeal to the Commission within three weeks from the receipt of such notice referred to in that paragraph.

(3C) The Commission shall, after giving such aggrieved person a fair hearing on any objection to such variation communicate its decision to the person who made an appeal to the Commission within three weeks from the date of receipt of such appeal.

(3D) The Commission may consider payment of any compensation to the relevant person whose radio frequency has been varied under paragraph (b) of subsection (3A).”; and (2) insert the following immediately after line 22:- “(6) by the insertion immediately after subsection (4) thereof, of the following new subsection:- “(4A) Any person who is aggrieved by the decision referred to in subsection (3C) of ‘ this section may appeal to the Court of Appeal within one months from the date of communication of the decision of the Commission,

(4B) The Court of Appeal may grant any interim relief to such aggrieved person pending the final determination of the appeal.”

8) Clause 78(7) of the Bill [proposed Section 22(7)) is inconsistent with Articles 12 (1) and 14 (1Xa) of the Constitution. The inconsistency will cease if proposed Section 22 (71 is amended so that the competition-based methodology in assigning radio frequencies is promulgated by regulations made under the SLT Act with Parliamentary oversight.

9) Clause 20 [proposed Section 22ADl is irrational and inconsistent with Article 12(1) and can only be passed with the special majority required under paragraph (2) of Article 84.

10) The learned ASG informed that a Committee Stage Amendment will be moved to amend proposed Section 22AC (2) whereby an offence is created by such Committee Stage Amendment. The Proposed Committee Stage Amendment to Clause 20 introducing Section 22AC (2) is inconsistent with Article 121 (1) read with Articles 3 and 4 of the Constitution for the reasons adumbrated above and earlier under “Committee Stage Amendments” and can only be passed with the special majority required under paragraph (2) of Article 84 and approved by the People at a Referendum by virtue of Article 83.

11) ln view of our determinations set out in 9 and 10 above, proposed Section 22AD becomes redundant.

12) Clause 33 of the Bill [proposed Section 59A] is vague and is inconsistent with Article L2(1) of the Constitution and could be validly passed only with the special majority provided for in Article 8aQ) of the Constitution.

The inconsistency will cease if proposed Section 59A is deleted. 1,1. 12. Page 64 of 65 1″3.

13) Clause 35 of the Bill (proposed Section 68(14)(b)and Section 68(14)(c)] is vague and overbroad and inconsistent with Article 12(1) of the Constitution and can only be passed with the special majority required under paragraph (2) of Article 84.

This inconsistency will cease if Clause 35 is amended by deleting the proposed Section 68(1A)(b) and Section 68(1A)(c).

14) Subject to above, none of the other provisions in the Bill are inconsistent with any provision in the Constitution. Other than the Committee Stage Amendments which are specifically referred to in this Determination, we have not considered the constitutionality of any other Committee Stage Amendment.

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News

Govt. urged to take action against deputy minister

Published

15 hours ago

2025/12/15

Sahan Weerasooriya

Ajith / Eranga

Allegation of doing business with state:

Civil society activist Oshala Herath has said that regardless of the political party one represents, all members of Parliament should abide by the law of the land. Herath said so when The Island sought his response to a report that he was planning to move court against Deputy Minister Eranga Weeraratne, Deputy Minister of Digital Economy, accused of holding the top positions at Omobio (Pvt.) and Eimsky Business Solutions (Pvt.) Ltd., at the time of the nominations, and took oaths as a National List MP of the NPP government.

President Anura Kumara Dissanayake is the Minister of Digital Economy, in addition to being Minister of Defence and Finance.

Herath is the Chairman of Abhinawa Niwahal Peramuna. Herath, whose legal challenge to SJB MP Diana Gamage over her citizenship issue, led to her removal from Parliament by the Supreme Court on 08 May, last year. He said the latest case underscored the responsibility on the part of political parties to ensure transparency in the nomination process as well as in the finalisation of National List.

Herath pointed out that the court rulings on petitions filed by him against two serving MPs were pending. He moved court against Jaffna District Independent MP Ramanathan Archchuna for handing over nominations to contest the 2024 November parliamentary elections without resigning from his post as a government medical officer. He also moved court against Minister of Rural Development, Social Security and Community Empowerment, Dr. Upali Pannilage, alleging that he had been an employee of the University of Ruhuna at the time he was declared an MP and subsequently appointed as a Cabinet Minister.

Our efforts to contact Deputy Minister Weeraratne were in vain. Our calls went unanswered.

Pointing out that there were many attorneys-at-law in the current Parliament, Herath emphasised the responsibility on their part to take up the issue. The Speaker should, on his own, inquire into such allegations in addition to the Parliamentary Privileges Committee stepping in, Herath said. Responding to another query, Herath said that such violations as well as cases of conflict of interests were far more serious than the recent controversy over NPP National List MP Asoka Ranwala’s educational qualifications.

SJB MP Ajith P. Perera told The Island that the Deputy Minister concerned admitted in Parliament that he had held top posts in the companies mentioned at the time he took oaths as an MP. Therefore, there couldn’t be any ambiguity with regard to his fault. Perera said that the conflict of interest issue involving NPPer was far more serious.

Referring to the issue at hand that had been first raised by SJB lawmaker Amila Prasad Siriwardena in Parliament during committee stage of the debate on the 2026 Budget, Attorney-at-Law Perera said that Weeraratne’s companies were engaged in mega business deals with the government. Declaring that they had secured contracts for government projects since 2019, Perera said that one of the companies Weeraratne was involved in had recently won a major contract from the incumbent government regarding the electronic ticketing system.

Kalutara District MP called for a comprehensive inquiry into the issue as the NPP had come to power, accusing all other political parties of waste, corruption, irregularities and mismanagement of state funds. MP Perera queried whether the current dispensation followed proper procedures in selecting Weeraratne’s company for the ticketing project

Both Herath and Perera urged the JVP and NPP to look into what they called the Weeraratne affair.

Over the years, several MPs had been disqualified to hold parliamentary seats. Dr. Rajitha Senaratne is one of them. When the Court of Appeal dismissed Dr. Senaratne from Parliament for being a supplier to the government, Ranil Wickremesinghe brought him back to Parliament, through the National List.

MP Perera said that since the last parliamentary election, the NPP had been embroiled in many controversies, including the release of 323 containers from the Colombo Port, in January this year, followed by signing of seven Memorandums of Understanding (MoUs)/agreements with India in April.

By Shamindra Ferdinando

News

India sends stock of life-saving medicines

Published

15 hours ago

2025/12/15

Sahan Weerasooriya

Misri with Colonne

The government has appealed to India for immediate help to overcome the serious shortage of life-saving drugs and injections.

The Sri Lankan High Commission in New Delhi confirmed the appeal made by the government. The following is the text of statement issued by the Sri Lankan mission in New Delhi: “The Foreign Secretary of India, Vikram Misri, over the weekend handed over a consignment of urgently required essential medicines to Sri Lanka’s High Commissioner to India, Mahishini Colonne, in New Delhi. The assistance, extended in response to a request from the Government of Sri Lanka, forms part of Operation Sagar Bandhu, India’s humanitarian mission supporting Sri Lanka’s relief, recovery, and reconstruction efforts following the devastating Cyclone Ditwah.

The consignment consists of over 400 boxes of life-saving medicines and injections, which will be airlifted to Colombo by an Indian Air Force C-17 aircraft, alongside further additional relief assistance from India.

Deputy Indian High Commissioner Pandey shaking hands with Health Minister Dr. Nalinda Jayathissa

Foreign Secretary Misri reiterated the condolences of the Government and people of India for the tragic loss of lives and the extensive damage to infrastructure caused by the Cyclone. He reaffirmed India’s steadfast commitment to supporting Sri Lanka’s immediate humanitarian needs as well as rebuilding and reconstruction efforts. He also highlighted India’s readiness to work with Sri Lanka on a mix of initiatives tailored to the needs of affected communities.

High Commissioner Colonne conveyed the sincere appreciation of the President, Government, and people of Sri Lanka for India’s timely, continuous, and sustained support, and handed over to the Foreign Secretary, a letter of gratitude from the President of Sri Lanka to the Prime Minister of India.

Describing the extensive nature of the damage, the High Commissioner appreciated the ongoing and consistent engagement of the Indian High Commission in Colombo, in collaboration with government officials and local authorities in coordinating relief, rescue, and recovery efforts.

SLAF personnel unloading medicine from IAF transport plane

The High Commissioner also requested India’s support in sharing its expertise and leadership in enhancing disaster-response capabilities and disaster-resilience frameworks, especially lessons from Odisha and Andhra Pradesh, both globally recognized for their advanced disaster resilience frameworks. Apart from this support that is under discussion, the New Delhi-based Coalition for Disaster Resilient Infrastructure (CDRI) has also been requested to undertake a visit to Sri Lanka to explore avenues for strengthening Sri Lanka’s disaster resilient infrastructure capacities. Noting the importance of having an effective and real-time warning system, efforts are being made to deploy a team to explore the establishment of an early warning system that would provide real-time geo-targeted alerts to citizens.

The High Commissioner reiterated Sri Lanka’s gratitude to the Government and people of India for their continued solidarity under Operational Sagar Bandhu, reaffirming the strength of the longstanding partnership between the two nations.”

News

George Keyt Foundation contributes to national disaster relief efforts

Published

15 hours ago

2025/12/15

Sahan Weerasooriya

(L-R): The donation was handed to Prime Minister Harini Amarasuriya by Professor Jagath Weerasinghe (Trustee), Suresh Dominic (Treasurer), Malaka Talwatte (Chairman) and Abbas Esufally (Trustee) of the George Keyt Foundation.

The George Keyt Foundation (GKF) has extended meaningful support to the Government of Sri Lanka’s disaster relief efforts following the severe devastation caused by Cyclone Ditwah.

The text of the press release issued by the GKF: “In 2023, the Foundation undertook its first major fundraiser in recent years by issuing 30 numbered limited edition prints of Kangodi Rangi, a painting by George Keyt entrusted to the Foundation. Twenty-eight prints were acquired by donors to support charitable causes, while another was gifted to the President’s collection. Print Number 1 of 30 was retained to support the Foundation’s long-term priorities.

In light of the unprecedented impact of Cyclone Ditwah and the urgent national need for disaster assistance, the trustees unanimously resolved to seek a donor for Print Number 1 of 30, with clear disclosure that the proceeds would be channeled directly to the Government’s disaster relief programme. This appeal received an immediate response, resulting in a private donation of Rs. 3 million.

The contribution was formally handed over to Prime Minister Harini Amarasuriya for utilisation in the Government’s ongoing relief and recovery efforts.

The George Keyt Foundation is honoured to support the people of Sri Lanka at this critical moment and reaffirms its commitment to serving national needs while preserving and promoting the artistic legacy of George Keyt.