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Second petition filed against NL appointments naming 45 respondents

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Article 99A: A constitutional fraud, DEW alleges in affidavit to SC

 

By Shamindra Ferdinando 

Former General Secretary of the Communist Party D.E.W. Gunasekera in an affidavit given to the Supreme Court in respect of the controversial Section 99A of the Constitution that dealt with National List appointments has alleged that the then Speaker, the late E.L. Senanayake, perpetrated an unprecedented constitutional fraud by signing a smuggled in 14th Amendment into the Constitution, instead of what was passed by Parliament. 

In the July 11, 2021 dated affidavit, ex-lawmaker Gunasekera said that the Speaker’s action violated Articles 82 (5), 82 (6) and 125 of the Constitution. This written declaration made under oath is a key ingredient in a petition filed by public interest litigation activist and General Secretary of Vinivida Peramuna, Nagananda Kodituwakku, against the appointment of Ven. Atureliye Rathana (42 respondent), UNP leader Ranil Wickremesinghe (43 respondent) and Basil Rajapaksa (44 respondent) on the National Lists of the Ape Jana Bala Pakshaya, UNP and SLPP, respectively. 

Referring to the first petition filed by him in this regard, lawyer Kodituwakku told The Island that a second petition on the same matter expanded the list of respondents from 12 to 45. The respondents included, members of the Election Commission, former Chairman of the EC Mahinda Deshapriya (2 respondent), who is the current Chairman of the Delimitation Commission and the Attorney General. 

Vinivida Peremuna hasn’t so far received recognition as a registered political party. According to the petitions made available to The Island, the Supreme Court has been moved in terms of Articles 82 (6), 125 and 126 of the Constitution. 

Petitioner pointed out that Ven. Rathana and Wickremesinghe had been accepted by the EC as NL members in violation of the stipulated 7 day period for such appointments, whereas US citizen Basil Rajapaksa wasn’t included in the SLPP NL nor or on any district list at the last general election.  

EC Chairman attorney-at-law Nimal Punchihewa (3 respondent) told The Island that the 20th Amendment to the Constitution enacted in Oct 2020 abolished foreign citizenship being an impediment to enter Parliament on the NL. A vacancy created by the resignation of SLPP NL member Jayantha Ketagoda (30 respondent) has been filled by Basil Rajapaksa in terms of the Section 64 (5) of the Parliamentary Election Act No 01 of 1981 as amended by the Act No 35 of 1988.  

The Parliament consists of 196 elected and 29 appointed members. Following the last general election held in August 2020, 29 NL seats, in terms of the countrywide votes received by political parties have been allocated to seven with the SLPP being the largest beneficiary. The SLPP obtained 17 NL slots whereas the SJB followed with 7. Five other political parties shared the remaining six seats. 

Petitioner Kodituwakku has argued that the direct violation of Article 82 (5) made 99A introduced through fraudulent means nonexistent. According to the petition Article 99A had been produced by the Parliamentary Select Committee on Franchise and Election appointed by the Speaker on July 08, 1983. The said Article had been submitted to the Parliament on March 08, 1988 after 5 years of deliberations. The Article 99A introduced by the said 14th Amendment Bill was a verbatim of the Article 99A approved by the said Select Committee in which there was no provision at all for nominations of any person outside the names published under Article 99A for the information of the voters, which had been confirmed by the Chairman of the Select Committee, Ranasinghe Premadasa, the, then Prime Minister, who presented the14th Amendment Bill to the Parliament on May 03,1988. 

The petitioner sought the appointment of a Special Bench in terms of Article 132 (3) (iii) to hear and determine the application on the basis of it being of public and national importance. The petitioner also requested for the repealing of the 14th Amendment.

 



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Women’s T20 World Cup 2026 warm-up: Chamari Athapaththu’s 94 helps Sri Lanka beat Pakistan

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File photo: Chamari Athapaththu top-scored for Sri Lanka (Cricinfo)

Captain Chamari Athapaththu’s 94 helped Sri Lanka chase down 169 with ease against Pakistan. Athapaththu and Vishmi Gunaratne together started strongly, putting up a 159-run stand as Sri Lanka won with eight balls to spare.

With the ball, right-arm seamer Chethana Vimukthi, who was called up as the injured Shashini Gimhani’s replacement. for the T20 World Cup, made an impact for Sri Lanka, finishing with figures of 4 for 31. Vimukthi broke the 60-run stand between openers Muneeba Ali and Gull Feroza, following which Pakistan lost wickets regularly. Captain Fatima Sana top-scored for Pakistan from No. 7 with 37 to push the total past 150. In reply, Sri Lanka made easy work of the chase, with Athapaththu itting five sixes and nine fours in her 56-ball stay.

Scores:

Sri Lanka Women 169 for 1 in 18.4 overs (Chamari Athapaththu 94, Vishmi Gunaratne 63*; Fatima Sana 1-20 ) beat Pakistan Women  168 for 8 in 20 overs (Muneesha Ali 36, Gull Feroza 26. Ayesha Zafar 10, Saira Jabeen 12,  Fatima Sana 37, Aliya Riyaaz 22;  Sugandika Kumari  1-33,  Chethana Vimukthi 4-31, Malki Madara 1-19, Nimasha Meepage 1-16) by nine wickets

(Cricinfo)

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Open hearing on coal procurement inquiry set for July first week

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Open hearing of evidence into alleged irregularities in coal procurement is scheduled to begin in the first week of July, while the Presidential Commission of Inquiry continues recording statements from relevant officials, investigators said.

So far, the Commission has recorded statements from around 40 government officials, including members of procurement committees and other personnel attached to institutions involved in coal-related transactions.

Officials said that, depending on evidence gathered during the ongoing inquiry, statements may also be obtained from former ministers if required.

The Commission has also received 28 complaints in connection with alleged irregularities in coal imports and related procurement processes.

President Anura Kumara Dissanayake on April 17 appointed a three-member Presidential Commission of Inquiry under the Special Presidential Commissions of Inquiry Act No. 07 of 1978 to probe alleged malpractice in coal imports and electricity generation since the inception of coal-based power generation up to April 16, 2026.

The Commission is chaired by Supreme Court Justice Gihan Kulatunga, with Court of Appeal Judge Aditya Patabendige and High Court Judge Sanjeewa Somaratne serving as members. Former State Ministry Secretary P.V. Bandulasena acts as Secretary to the Commission.

The inquiry covers alleged procurement irregularities, possible financial losses to the State, import of substandard coal, quality inspection failures, contractual breaches and operational issues in power generation, including whether corrective measures were taken where necessary.

It will also identify responsible political authorities, officials of Sri Lanka Coal Company (Private) Limited and suppliers, while recommending legal or administrative action and measures to prevent future lapses.

Meanwhile, the Committee on Public Enterprises (COPE) is also preparing to table its report on coal procurement in Parliament, with officials from relevant institutions having been summoned during its proceedings. COPE Chairman MP Dr. Nishantha Samaraweera said audit findings had also been considered, and any matters requiring further investigation would be referred to law enforcement and anti-corruption authorities.

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TNA MP calls for complete repeal of PTA

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Trincomalee District TNA MP Shanakiyan Rasamanickam has submitted a motion to Parliament calling for the immediate repeal of the Prevention of Terrorism Act (PTA), arguing that the controversial law has enabled arbitrary detention, torture and the targeting of minority communities for more than four decades.

In his motion, now published in the Addendum to the Order Book of Parliament, the MP urged the Government to repeal the Prevention of Terrorism Act, No. 48 of 1979, in its entirety and refrain from introducing any replacement legislation containing similar provisions.

Rasamanickam contended that the PTA had been used for over 40 years to facilitate prolonged arbitrary detention and to obtain false confessions through torture. He further alleged that the law had disproportionately affected minority communities and civil society groups.

The motion states that there is no justification for maintaining a permanent counter-terrorism law that grants sweeping powers to the authorities.

The TNA legislator argued that existing legal provisions were sufficient to address security threats, noting that terrorism-related offences could already be prosecuted under the Penal Code.

He also pointed out that the Government retained the power to declare a state of emergency when circumstances warranted extraordinary measures, rendering a permanent anti-terrorism framework unnecessary.

Accordingly, the motion calls on Parliament to resolve that the Government take immediate steps to abolish the PTA without replacing it with legislation containing comparable powers.

The Prevention of Terrorism Act, enacted in 1979, has long been the subject of criticism from human rights organisations, civil society groups and international bodies, which have raised concerns over provisions relating to detention without trial and safeguards against abuse.

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