News
Counsel for petitioners stress need for protecting media freedom
20A before SC
* 19A adopted without referendum; 20A seeking to replace it needs only 2/3 – lawyers for ministers
By Chitra Weerarathne
Media freedom should be safeguarded in the future. The 19th Amendment protected media freedom. New laws should not obstruct it, Sanjeewa Jayawardene, President’s Counsel yesterday told the Supreme Court.
President’s Counsel Jayawardene appeared for two petitioners. The matter before the Court is the constitutionality of the Bill in reference to Articles 120, 121 of the Constitution.
In Sri Lanka the people were supreme. Unlike in India, where the Constitution was supreme, the counsel argued.
The state media was an instrument of the state unlike the private media, he said.
“The Election Commission is duty bound to hold a free and fair election.”
The State cannot issue guideline on private media, on the time to be allocated to different candidates. In the 19th Amendment Bill, According to the Section 26, the chairmen of the state and private media were made duty bound to comply with guidelines declared as regards, the Counsel said.
In the 19th Amendment Bill, when the people exercised franchise, under clause 4(c), they have to make an intelligent choice. “The state media is controlled. Then the private media could provide information to the reader.”
The media was linked to the exercise of franchise. The private media could help the people select candidates within the scope of truthful publicity, the counsel said. A licence under Rupavahini Corporation Act is needed to publish/ broadcast. But false publicity is not allowed. But it a dangerous to have to be controlled strictly by the state.
“In the 19th Amendment there is no interference in media freedom even in respect of state controlled media,” counsel Sanjeewa Jayawardene said.
Article 4(c) and Article (10) were violated by the 20th Amendment. The 19th Amendment did not violate media freedom. It should be maintained likewise in the future as well, he stressed.
Intervenient petitions were taken for hearing. There were seven of them among them was one by Professor G.L. Peiris, the present Minister of Education and Minister Nimal Siripala de Silva.
President’s Counsel, Gamini Marapana PC, supported the application by Professor G. L. Peiris.
The 17th Amendment was amended by the 19th Amendment because it violated franchise. It was not approved by the people at a referendum. Similarly, all the provisions of the 19th Amendment which is to be amended by the 20th need not be presented to the people at a referendum.
Amendment introduced by a special majority need not necessarily be placed before the people at a referendum to be enacted, he argued.
Chapter (12) of the Constitution explains that certain Amendments could be dealt with without a referendum.
“The provision of our constitution are amendable, according to the 13th Amendment. There need not be a referendum. The Indian Constitution was different to our constitution. A provision in the constitution could be amended by court and Parliament, without a referendum.
“19th Amendment was determined by the Supreme Court. It did not go before the people,” counsel argued.
“It is illogical to say that to remove that amendment you should go before the people.”
Counsel said that former President Maithripala Sirisena had said in public that the 19th Amendment had taken power from the President and that had made the government weak. This has been referred to following the Easter Sunday bomb blasts. The President and the Prime Minister had been pulling in different directions.”
Because of the 19th Amendment the President, who is the commander-in-chief could not be the Defence Minister, the Counsel pointed out.
In several aspects, the President from 1978 Constitution up to 2015 enjoyed greater authority over the Parliament than in France.
Now it may referred back to the 1978 situation with a two-thirds majority in Parliament. In this country there is provision to repeal the entire Constitution unlike in India.
The bench comprised the Chief Justice Jayantha Jayasuriya, Justice Buwanaka Aluwihara Justice, Sisira De Abrew, Justice Priyantha Jayawardene and Justice Vijith K. Malalgoda.
The Attorney General, Dappula De Livera PC, appeared for the state.
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Commander of the Navy pays courtesy call on Speaker of the Parliament
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The meeting marked the Commander of the Navy’s first official interaction with the Speaker following his assumption of command of the Sri Lanka Navy. During the cordial discussion, they exchanged views on the Navy’s role in matters of national importance.
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Prison mayhem leaves at least 26 dead; five officers killed in revenge violence
At least 26 people, including five prison officers and 20 inmates, have been confirmed dead following violent unrest at Negombo Prison, hospital sources said yesterday, as authorities struggled to restore full control over the facility.
According to unconfirmed reports the prison officers were killed by rioters yesterday morning, in retaliation, and weapons carried by those officers were grabbed by them.
Negombo General Hospital Director Consultant Dr. Pushpa Gamlath said nearly 100 injured persons had been admitted, following the clashes, and eight of the critically wounded had been transferred to the National Hospital, in Colombo, for further treatment.
The violence, which initially broke out on Sunday (5) between remand prisoners and convicted inmates, left two inmates dead and 38 others injured before being temporarily brought under control.
However, tensions flared again on Monday (6), with prison officials reporting renewed unrest inside the facility despite earlier assurances that the situation had stabilised.
Police said the initial confrontation was triggered by a dispute linked to the exposure of an alleged drug trafficking network, operating within the prison, and was reportedly orchestrated by a drug trafficker, identified as Suresh, who is said to have links to an underworld figure known as ‘Booru Moona’.
The violence rapidly escalated, with female inmates staging a protest on the Prison roof in support of those involved in the clashes, while relatives gathered outside demanding information on detainees. Police later facilitated visits for selected family members to hospitalised inmates.
The Negombo Prison, which houses around 1,800 remand and convicted inmates, descended into widespread disorder as rival groups clashed, with reports indicating that the violence later spread beyond the initial confrontation.
Authorities said rioting inmates had allegedly seized firearms during the renewed unrest on Monday, prompting heightened security measures.
The Sri Lanka Air Force deployed drones for aerial surveillance and a Bell 412 helicopter to monitor the situation, while additional military personnel were sent to reinforce security around the prison.
Prisons Department spokesperson A.C. Gajanayake said a special investigation team had been appointed, under the direction of the Commissioner General of Prisons, to probe the incident, while a separate police investigation is also underway.
Justice Minister Harshana Nanayakkara told The Island that he had called for a detailed report on the disturbances.
By Norman Palihawadane
News
Cleaner, cheaper electricity gathers momentum with rapid progress in 50 MW Mannar wind power project
Sri Lanka’s drive towards cleaner and cheaper electricity gathered fresh momentum with the reported rapid progress in the 50 MW Mannar Wind Power Project, which is expected to produce the lowest-cost wind-generated electricity in the country’s history while saving billions of rupees in annual fuel imports.
The Ministry of Energy announced that the first wind turbine for the project had already arrived in the country, while the remaining turbine components have reached the Port of Trincomalee and are currently being unloaded, signalling a major milestone in the construction of one of the country’s key renewable energy ventures.
The project, inaugurated by President Anura Kumara Dissanayake, in January this year, is expected to become a cornerstone of the government’s strategy to transform Sri Lanka’s electricity sector by expanding renewable energy generation and reducing dependence on imported fossil fuels.
According to the Ministry, electricity generated by the Mannar wind farm will be purchased at USD 0.0465 (approximately Rs. 14.37) per unit, making it the lowest tariff ever secured for wind-generated electricity in Sri Lanka.
Energy experts say the competitive tariff demonstrates the growing economic viability of renewable energy and could help stabilise future electricity prices.
The Ministry also estimates that once the wind farm is connected to the national grid, Sri Lanka will save approximately Rs. 4.7 billion annually by reducing the import of fossil fuels required for thermal power generation, easing pressure on the country’s foreign exchange reserves.
The Mannar project is expected to support the government’s ambition of substantially increasing the contribution of renewable energy to the national electricity mix, by 2030, while helping Sri Lanka move towards its long-term goal of achieving net-zero carbon emissions by 2050.
Hayleys Fentons PLC, selected through an international competitive bidding process, is responsible for the installation and maintenance of the wind turbines.
The National System Operator (NSO), operating under the Ministry of Energy, will oversee the integration and management of electricity generated by the project within the national grid.
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