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Nagananda: Ranil’s re-entry inconsistent with Constitution

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SC to be moved against allegedly unauthorised changes in 14-A 

By Shamindra Ferdinando

Civil society activist Nagananda Kodituwakku says Article 99A of the Constitution, which deals with the National List is different from the Section endorsed by Parliament.

Asked to explain, Attorney-at-Law Kodituwakku claimed that the then Speaker had ratified the 14th Amendment that contained the Section on the National List after critical modification in respect of filling of the NL slots. The Constitution prohibited changes to Amendments/Bills at the time of the ratification by the Speaker, Kodituwakku stressed.

Parliament approved the 14th Amendment on May 4, 1988. Kodituwakku alleged that all political parties had chosen to remain silent as they benefited therefrom. 

Kodituwakku told The Island that Samagi Jana Balavegaya (SJB) leader Sajith Premadasa, who is also the Opposition Leader, hadn’t taken up the matter though he had been briefed on the UNP leader’s entry.

Responding to another query, Kodituwakku said that he had sought lawmaker Premadasa’s intervention because his father, the then Prime Minister Ranasinghe Premadasa chaired the Parliamentary Select Committee (PSC) on Franchise and Election.

Making available the relevant pages containing parliamentary proceedings to The Island, Kodituwakku said the late Premadasa had told Parliament that NL members wouldn’t be appointed or nominated by the party outside the 29 names submitted to the Election Department/Election Commission.

According to the PSC recommendation which received parliamentary approval ahead of ratification by the Speaker, Secretaries of recognised political parties and Independent groups would have to nominate members from the list handed over to the Election Department/Election Commission. The PSC comprised Ranasinghe Premadasa, the late Lalith Athulathmudali, the late Gamini Dissanayake, the late K.W. Dewanayagam, Ranil Wickremesinghe, the late M. L. M. Aboosally, the late Shelton Ranaraja, Dinesh Gunawardena, the late V. Dharmalingham, the late Sarath Muttetuwegama and the late Maithripala Senanayake. According to Hansard, the late Anura Bandaranaike, the late Anil Moonesinghe and D.E.W. Gunasekera were in the PSC at different stages.

The PSC headed by the then PM Premadasa didn’t pave the way for defeated candidates or anyone out of the NL, according to the Hansard.

However, Section 99A surreptitiously had been introduced by the UNP at the time the Speaker signed the 14th Amendment into law, enabling defeated candidates to enter parliament through the National List, lawyer Koditiwakku said. In addition to that, the 99A stipulated that the NL slots should be filled within seven days after General Secretaries of respective political parties were asked to do so by the Election Department/Election Commission.

Kodituwakku said that in terms of the 99A Wickremesinghe couldn’t enter parliament via the NL. In other words, the failure on the part of the UNP to name its solitary NL MP within seven days after receiving intimation from the Election Commission automatically resulted in the forfeiture of the seat, lawyer Kodituwakku said, adding that the Election Commission, the Office of the Speaker and Election Monitoring groups should explain why they had remained quiet about the UNP given an opportunity to fill NL vacancy ten months after the last general election. 

Kodituwakku said that the nine-member group tasked with formulating a new draft Constitution should look into the matter, and that he intended to move the Supreme Court against the issue. According to him, due to manipulation of the parliamentary process, the 14th Amendment to the Constitution hadn’t been enacted therefore such an Amendment didn’t exist.

Lawyer Kodituwakku said that Leader of the House Dinesh Gunawardena, Ranil Wickremesinghe and D.E.W. Gunasekera could as members of the PSC chaired by the late Premadasa could help establish the truth. He emphasized that the controversy over 14th Amendment should be cleared when the expert group produced a draft Constitution.

Kodituwakku faulted SJB leader Premadasa for having turned a blind eye on a matter of crucial importance.

Kodituwakku pointed out that in terms of original PSC recommendation and the one incorporated in the 14th Amendment thereby in Constitution, Basil Rajapaksa, too, couldn’t enter parliament. Kodituwakku urged members of the Election Commission to study the Constitution and not to seek excuses to appease political parties.

Kodituwakku said that some time back, in response to a query raised by The Island, the then Election Commission Chairman Mahinda Deshapriya had declared that there was no stipulated period for a political party to fill its NL slots. Kodituwakku pointed out that answer had been obviously based on the original PSC recommendation that was not incorporated in the Constitution. The Deshapriya’s move had proved that those in authority cleverly used both the PSC recommendation and the one surreptitiously introduced by the then Speaker at the behest of the then President, Kodituwakku said.



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Geneva takes up Sallay’s case and govt. ignores opportunity to answer accusations

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Suresh Sallay

The government has chosen not to respond to questions raised by the United Nations Human Rights Council (UNHRC) regarding the detention of retired Maj. Gen. Suresh Sallay in connection with the ongoing investigations into the 2019 Easter Sunday attacks.

The Criminal Investigation Department (CID) arrested the ex-official in late February this year. The Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, the Working Group on Arbitrary Detention, the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health and the Special Rapporteur on the independence of judges and lawyers have jointly raised the issue on 20 July, 2026.

Drawing attention of President Anura Kumara Dissanayake to what they called alleged arbitrary detention of Sallay, former Director General of the State Intelligence Service (SIS) and former Director of Military Intelligence (DMI), under the Prevention of Terrorism Act (PTA), as well as allegations of torture and other cruel, inhuman or degrading treatment while in custody, resulting in the grave deterioration of his health, and imminent risks of retaliation through further torture and ill-treatment resulting in irreparable harm, should he be released from hospital and returned to custody, the UN sought the government explanation with a 60-day period.

The UN has stated: “This communication, and any response received from your Excellency’s Government, will be made public via the communications reporting website at the 60 days mark. Should your Excellency’s Government respond within 60 days, both the communication and the response, may be published before the 60 days mark. The communications and responses

will also be made available in the subsequent periodic report to be presented to the Human Rights Council.”

In the absence of the government’s response, the UN posted the letter, dated 20 July, 2026, addressed to President Dissanayake. The full letter can be accessed https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=31125

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Section of wartime KKS High Security Zone vacated to facilitate economic development in the area

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The Army, last week, vacated an area, within the wartime high security zone in the Jaffna peninsula. The Defence Ministry said that an extent of 187.56 acres of land, belonging to the Cement Corporation in Kankesanthurai, Jaffna, has been released by the military. The released land, located in Grama Niladhari Division J/233, Kankesanthurai West, within the Valikamam North (Tellippalai) Divisional Secretariat Division, had been utilised by the Sri Lanka Army since the middle of 1997.

The release of the 187.56-acre extent forms part of the initiative to make State land available for the proposed investment zone in Kankesanthurai, thereby facilitating future investment and economic development in the area.

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Lawyer lodges complaint against Govt. Printer, Media Ministry Secy.

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A complaint has been lodged with the Colombo Fraud Investigation Bureau against the Government Printer and the Secretary to the Ministry of Media regarding the online release of falsified documents bearing a forged Speaker’s certificate.

Attorney-at-Law Aruna Laksiri has lodged a complaint with the Colombo Fraud Investigation Bureau requesting legal action against the Government Printer of the Department of Government Printing (No. 118, Dr. Danister de Silva Mawatha, Colombo 08), Prasanna Jayaratne, and the Secretary to the Ministry of Mass Media (Asidisi Medura, 163, Kirulapone Mawatha, Polhengoda, Colombo 05), Dr. Anil Jasinghe.

The complaint alleges the commission of offences by forging and uploading falsified documents online using a forged Speaker’s certification, failure to perform statutory duties, and misappropriation of public property.

The complaint states that a copy of the English translation of the 22nd Amendment to the Constitution was downloaded and printed from the official website of the Government Printing Department (www.documents.gov.lk), which operates under the Ministry of Mass Media. On its outer cover and on page 1, the text “certified on 25th of September, 2026” is inscribed inside brackets.

The complaint pointed out that the Speaker has certified an English translation. Under Articles 23, 79, 83, and 80 of the Constitution, Parliament enacts laws and the Speaker certifies bills strictly in the Sinhala and Tamil languages; under the Constitution, therefore the Speaker cannot apply such certification to an English translation.

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