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Parliament prorogued on Friday night

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President says cabinet agreeable to fully implementing 13 A until party leaders decide whether or not to abolish the Amendment

Parliament was prorogued from midnight Friday (27) by President Ranil Wickremesinghe under powers vested in him by Article 70 of the Constitution, parliamentary sources said on Friday.

The Department of Government Printing was due to issue the relevant notification on Friday night but it was not out as this edition went to print.However the President’ Media Division (PMD) confirmed the prorogation on Friday evening saying that President Wickremesinghe “is expected” to make a policy statement based on the decisions taken after the 75th Independence anniversary when parliament recommences on Feb.8.

A separate bulletin said that the president had informed the party leaders Conference on Reconciliation that the cabinet was agreeable to “fully implementing (the) 13th Amendment until party leaders decide whether or not to abolish the Amendment.”

Parliamentary sources explained that a prorogation which is a temporary recess of parliament, should not extend to a period of more than two months, However, such date for summoning parliament may be advanced by another presidential proclamation provided it is summoned for a date not less than three days from the date of such fresh proclamation.

Political observers believe that the prorogation is related to the president’s effort to secure as wide a consensus as possible on the National Question. They dismissed speculation that it is related to the scheduled local elections. This issue was clarified by the PMD bulletin.

When parliament is prorogued, the proclamation should notify the date of the commencement of the new session of parliament under Article 70 of the Constitution.During the prorogation the speaker continues to function and MPs retain their membership of the legislature even though they do not attend meetings of the House.

The effect of a prorogation is to suspend all current business before the House and all proceedings pending at the time are quashed except impeachments.A Bill, motion or question of the same substance cannot be introduced for a second time during the same session. However, it could be carried forward at a subsequent session after a prorogation.

“All matters which having been duly brought before parliament, have not been disposed of at the time of the prorogation, may be proceeded with during the next session,” states the paragraph (4) of article 70 of the constitution.

In the light of this constitutional provision, a prorogation does not result in an end to pending business. Thus, a pending matter may be proceeded with from that stage onwards after the commencement of the new session.

At the beginning of a new session all items of business which were in the order paper need to be re-listed, if it is desired to continue with them.At the end of a prorogation a new session begins and is ceremonially declared open by the president.

He is empowered under the constitution to make a statement of government policy at the commencement of each session of parliament and to preside at ceremonial sittings of parliament in terms of the provisions of paragraph (2) of article 33 of the constitution.The president is empowered to make a statement of government policy at the commencement of each new session. In the past, it was known as the Throne Speech which was delivered by the Governor-General.



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PSTA worse than PTA: FSP

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The Frontline Socialist Party (FSP) yesterday accused the government of seeking to use the proposed Protection of the State from Terrorism Act (PSTA) to suppress popular political activity, claiming that some of its provisions were more repressive than those of the Prevention of Terrorism Act (PTA).

FSP Education Secretary Pubudu Jayagoda told a media briefing, in Nugegoda, that the definition of terrorism in the Bill was so broad that it could be used to label almost any form of popular political activity as terrorism.

He said the Bill’s approach to defining terrorism was based largely on attempts to compel a government, or an international organisation, to do, or refrain from doing something, rather than on internationally recognised criteria, such as killings, causing serious bodily harm, kidnapping or acts intended to spread terror among the public.

Jayagoda also alleged that the Bill transferred substantial powers from the judiciary to the executive, while extending powers of arrest, investigation and detention to the armed forces, in addition to the police.

He claimed that the government had sought to portray the Bill as a replacement for the PTA while retaining or introducing provisions that could facilitate political victimisation and repression.

The FSP also questioned the government’s decision to proceed with the Bill, despite having previously sought public views on an earlier draft.

Jayagoda said a draft had been published earlier this year, with the period for public submissions ending on February 28, but the Bill subsequently gazetted was essentially the same draft with some provisions rearranged.

Jayagoda also referred to a letter reportedly sent by Attorney-at-Law Saliya Peiris, a member of a Committee, chaired by President’s Counsel Rienzie Arsecularatne, that had been appointed to draft the legislation. He said Peiris had stated, in the October 06 letter, that changes had been made to the draft prepared by the Committee.

“This means that even the Committee, appointed to prepare the Bill, was a deception,” Jayagoda alleged.

He said that the PSTA was fundamentally similar to the Anti-Terrorism Bill introduced by the previous government, in 2023, which the National People’s Power (NPP) opposed and challenged in court.

“If the NPP opposed that Bill then and is now bringing the same legislation before Parliament, the government must explain its position,” he said.

Jayagoda called on NPP MPs to oppose the PSTA in Parliament and urged trade unions and other groups to build a broad public movement against the legislation.

He challenged the government to an open debate on the Bill.

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Shiranthi R remanded until 13 Oct.

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Former First Lady Shiranthi Rajapaksa was yesterday remanded until 13 October after being produced before the Colombo Magistrate’s Court following her arrest by the Commission to Investigate Allegations of Bribery or Corruption (CIABOC).

Shiranthi, wife of former President Mahinda Rajapaksa, was arrested at her residence on Poorwarama Road, Kirulapone, after CIABOC officers recorded a statement from her for nearly two hours.

According to the CIABOC, the arrest was made over allegations that Rs. 10 million obtained from the National Savings Bank through the Siriliya Saviya organisation was misappropriated.

The money was allegedly obtained to provide a Computed Tomography (CT) scanner to the children’s hospital. Investigators allege that the scanner was not provided and that the funds were instead unlawfully used.

CIABOC is investigating alleged offences under the Public Property Act and corruption-related provisions in connection with the transaction and other financial activities involving Siriliya Saviya, which was headed by Rajapaksa.

Rajapaksa returned to Sri Lanka on Monday night on a flight from Malaysia after travelling overseas for medical treatment. She left for Singapore on 16 September after being admitted to a private hospital in Colombo on 15 September following an illness.

She had been due to appear before the Financial Crimes Investigation Division (FCID) on 13 October in connection with its investigation into the financial affairs of Siriliya Saviya.

Meanwhile, her lawyers filed an anticipatory bail application before the Maligakanda Magistrate’s Court on Monday, seeking an order preventing her arrest in connection with the FCID investigation.

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Former NSB Chairman Kariyawasam granted bail

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Former National Savings Bank (NSB) Chairman Pradeep Kariyawasam was yesterday granted bail by the Colombo Magistrate’s Court following his arrest by the Commission to Investigate Allegations of Bribery or Corruption (CIABOC).

Kariyawasam, husband of former Chief Justice Shirani Bandaranayake, was arrested in connection with the Bribery Commission’s investigation into the ‘Siriliya Saviya’ account linked to former First Lady Shiranthi Rajapaksa.

The investigation concerns financial activities involving the Siriliya Saviya initiative, which was headed by Rajapaksa, wife of former President Mahinda Rajapaksa.

CIABOC is continuing investigations into the alleged financial irregularities relating to the account.

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