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Editorial

Bad Bills

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Thursday 24th February, 2022

The government finds itself in a quandary over its Special Goods and Services Tax Bill (SGSTB), which, the Supreme Court has said, contains sections inconsistent with the Constitution, and therefore will have to be approved by the people at a referendum in addition to being passed with a two-thirds majority in Parliament if it is to become law. Nothing could be a more worrisome proposition than a referendum to the government, which is suffering from what may be called ‘polls phobia’, which has caused it to postpone the local government elections.

Worse, the apex court has said it will be impracticable to suggest amendments to the SGSTB’s clauses inconsistent with the Constitution as they will fundamentally alter the basic nature and structure of the Bill and run counter to its declared objectives. The court has said that while exercising discretion conferred on it by the Constitution, it will refrain from determining the manner in which the Clauses 2, 3, 4, 5 and 9 (1) could be amended so as to alter such clauses to become consistent with the Constitution.

The SGSTB was aimed at empowering the Treasury to rake in the proposed new tax, and revise VAT at the expense of the powers of the Inland Revenue Department, whose workers took to the streets in protest. It will be interesting to see how the government seeks to achieve its objective.

The aforesaid Supreme Court determination is tantamount to an indictment of the Attorney General’s Department, which is reported to have cleared the Bill. How come such a bad Bill found its way into Parliament? It looks as if someone had been in a mighty hurry to have it drafted in a bid to rush it through the House in double quick time. Hence the need for all issues that lead to disagreements on Bills in Parliament to be referred to the Supreme Court. There is no substitute for judicial scrutiny of such matters. Unfortunately, there are instances where this golden rule is not followed.

When the Provincial Council Elections (Amendment) Bill was presented to Parliament, in 2017, the then Joint Opposition (the rebel group of the UPFA) insisted that it had to be approved by the Provincial Councils as well, but the then Speaker Karu Jayasuriya claimed he had consulted the Attorney General, and the latter had said there was no such need. Several questionable sections incorporated into the Bill at the committee stage before being ratified, enabled the yahapalana government, which feared elections, just like the present dispensation, to postpone the PC polls indefinitely. The JVP and the TNA unflinchingly voted for the Bill!

We reported the other day that TNA leader S. Sampanthan had sought Indian Prime Minister Narendra Modi’s intervention to have the provincial council elections held. Now, he wants Modi to clean up the mess the TNA collaborated with the yahapalana government to create!

Many are the instances where the Attorneys General have given the wrong advice to governments. In a country like Sri Lanka, where unauthorised sections are smuggled into Bills even after their ratification, the need for a constitutional provision to enable the post-enactment judicial review of legislation cannot be overemphasised. The questionable provision for the appointment of defeated candidates to Parliament via the National List may serve as an example. The Bill that was passed by Parliament in respect of the National List in 1989, was altered after its ratification, and what the Speaker signed into law contained a provision for bringing in defeated candidates to Parliament through the backdoor as National List MPs. This illegal provision would not have become a fait accompli if the judiciary had been empowered to review laws passed by Parliament.



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Editorial

Stop mob intimidation

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Wednesday 29th April, 2026

The police yesterday intervened to prevent a clash between a group of JVP activists and some Opposition politicians who held a protest near the private residence of Secretary to the Ministry of Finance Dr. Harshana Suriyapperuma, in a Colombo suburb. The protesters complained of a cow dung attack by the JVP members, who denied the charge. Tempers were flaring, and the two groups would have come to blows but for the police presence.

There is no gainsaying that citizens have a right to conduct peaceful protests near state institutions where scandals occur or in other public places. On Monday, a large number of anti-government activists were seen near the Finance Ministry protesting against an illegal diversion of Treasury funds. They shouted themselves hoarse before dispersing. But some self-proclaimed anti-corruption campaigners obviously overstepped their limits and became a nuisance when they protested near Dr. Suriyapperuma’s house the following day. Such demonstrations, in our view, amount to mob intimidation.

The family members of Dr. Suriyapperuma or other Finance Ministry officials obviously have nothing to do with the theft of Treasury funds and must not be made to suffer distress. One may argue that the JVP, which resorted to similar tactics in the past, has been hoist with its own petard. The JVP even made a determined yet abortive bid to march on Parliament at the height of a popular uprising in 2022. If it had succeeded in its endeavour, the country would have been plunged into anarchy. But two wrongs don’t make a right.

Lessons learnt during the final phase of Aragalaya in 2022, when scores of houses belonging to the then ruling party politicians and their family members were torched and an SLPP MP was murdered, must not be forgotten. Protests and counter-protests tend to spiral out of control once tension rises and seething anger blinds mobs to reason. Hence the need for the organisers of such events to act with restraint and take precautions. Political leaders ought to keep troublemakers among their supporters on a tight leash.

Pressure must be ramped up on the government to stop shielding the corrupt and have the Treasury theft and other scandals probed thoroughly, and the Opposition’s right to hold peaceful protests cannot be questioned, but under no circumstance must protesters be allowed to mob the residences of politicians and officials.

Ad hoc funds

Everything seems to have gone wrong at once for the JVP-NPP government. While the Opposition is flogging the issue of a Treasury fund diversion to a rouge account, Chairman of the Committee on Public Finance (COPF) and SJB MP Dr. Harsha de Silva has raised concerns about the legality of the Rebuilding Sri Lanka Fund (RSLF), which was set up in the aftermath of Cyclone Ditwah last year.

On Monday, addressing the media, Deputy Minister of Finance Dr. Anil Jayantha Fernando assured the public that the RSLF was safe. Donations had come from Sri Lankans and foreigners in 49 countries, he said, dismissing as baseless a claim that the fund had not been properly utilised. Responding to him, the COPF Chief has said that the RSLF has no legal validity. He has argued in an X message that under the IMF programme several funds were abolished, and only statutory funds are maintained. He has repeatedly questioned the Finance Ministry officials on issues regarding the RSLF only to be informed that they are still working on them, according to his social media post.

The RSLF has been free from allegations of irregularities, but its lack of statutory grounding could give rise to issues about transparency, regulatory oversight and public trust. Statutory recognition will help foreclose criticism that often has a corrosive effect on the integrity of relief funds.

It is hoped that the COPF will ensure that the Finance Ministry officials appear before it and explain why they have made no serious effort to obtain statutory status for the RSLF. The practice of establishing ad hoc relief funds needs to be discontinued.

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Editorial

Treasury theft: Heed Sajith’s demand

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Tuesday 28th April, 2026

The JVP-NPP government has painted itself into a corner and provided another rallying point to its political opponents, who are on the offensive, using the latest scandal as a bludgeon to beat the ruling party leaders with. The last few days have seen Opposition protests against the diversion of Treasury funds (USD 2.5 million) to a rogue account. The protesters would have the public believe that it is the biggest-ever theft of state funds, and the government has no moral right to remain in power. They are demanding that President Anura Kumara Dissanayake resign as the Minister of Finance and Dr. Harshana Suriyapperuma step down as the Secretary to the Finance Ministry.

However, there is a counterargument that cannot be ignored under the principle of natural justice. It posits that the fund diversion happened during a routine process of debt servicing, and the officials who handled the task did not contact the creditor, an Australian agency, despite being alerted by the Central Bank, and ordered the fund transfer, after checking with the phisher, of all people, on the account number. There is no evidence that they sought approval of the senior Treasury officials for the erroneous fund transfer, and the theft happened due to the sheer negligence of some officials in the External Resources Department (ERD).

The incumbent government has earned notoriety for scapegoating state officials, as evident from the manner in which it has sought to defend former Energy Minister Kumara Jayakody, who is embroiled in a coal procurement scam. Therefore, it is only natural that the JVP-NPP administration stands accused of trying to help the President and the Treasury Chief save their skins politically by throwing some ERD officials to the wolves. It is popularly said that he who hath an ill name is half-hanged. Reputations and perceptions do matter in politics, but it is imperative that all aspects of an issue be examined thoroughly during an investigation before conclusions are drawn.

There seems to be no end to the current rulers’ bungling. The government blundered big time by keeping the theft of Treasury funds under wraps. The illegal fund diversion would not have snowballed into a huge political issue if the government had disclosed it immediately after the phishing attack came to light and called in the CID to conduct a probe. Most of all, Parliament should have been informed of the incident without delay.

Having made a colossal blunder that has provided grist to the Opposition’s mill, the least the government can do now to prove its much-touted commitment to upholding accountability and transparency is to heed Opposition Leader Sajith Premadasa’s call for appointing a Parliamentary Select Committee (PSC) headed by an Opposition MP. The PSC proceedings must be open to the media. Ideally, the Opposition should have a majority on the committee, as the SJB has suggested. The government should be able to allow an independent parliamentary probe into the Treasury theft if it has nothing to hide. The public has a right to know the truth.

Many of those who are condemning the government for the illegal fund diversion pretend to be paragons of virtue, but they themselves are tainted. Some of them have a history of cutting numerous corrupt deals and defending crooks while in power. The bigwigs of the SJB and the UNP who are accusing the government of covering up rackets and shielding the corrupt went so far as to deny the Treasury bond scams in 2015 and had no qualms about defending those responsible for that financial crime. They even sought to dilute the COPE (Committee on Public Enterprises) report on the bond scams, with a slew of footnotes. (Ironically, the JVP itself backed the UNP-led Yahapalana government despite the bond scams and other corrupt deals.) The less said about the SLPP politicians, the better. The SLPP became a metaphor for corruption, while in power, but today its leaders have taken to moral grandstanding and are on a crusade against corruption. They defended Keheliya Rambukwella, who was exposed for procuring substandard medicines and fake cancer drugs.

Sadly, the JVP-NPP government, which came to power, promising to eliminate corruption and usher in good governance, has failed to live up to the expectations of the public, who hoped for a new political culture. Worse, it has created a situation where the crooks out of power are recovering lost ground on the political front.

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Editorial

Washington shooting and ‘sick people’

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Monday 27th April, 2026

US President Donald Trump would have the world believe that Saturday evening’s shooting incident during the annual White House Correspondents’ dinner, at the Washington Hilton, was part of a plot to assassinate him. The event had just got underway when shots were heard in a lobby adjoining the ballroom. President Trump, his wife, Vice President J. D. Vance and other government politicians were rushed off the stage unhurt and escorted out of the hotel. Others ran for cover. Fortunately, no one was hurt. The gunman was arrested and identified as Tomas Allen, a 31-year-old from California.

President Trump lost no time in taking to Truth Social, calling the assailant a ‘very sick person’. One cannot but agree with him on this score. Nobody in his proper senses would ever have sought to harm a group of unarmed persons or penetrate a thick security cordon, carrying only a gun and knives, to assassinate the President of the United States. Just like the Californian man now in custody, those who carry out assassinations or order them are ‘very sick people’.

Ironically, President Trump, who ran away on Saturday, fearing a gunman, never misses an opportunity to brag that he had a foreign leader assassinated—Ayatollah Ali Khamenei of Iran. It is ‘very sick people’ who have civilian centres, especially hospitals and schools, bombed in the name of war. During the opening hours of the US-Israeli attacks on Iran, on 28 February, a missile struck a girls’ school, killing more than 170 people, most of whom were schoolgirls. There are also videos of brave Iranian doctors and nurses risking their lives to save babies in neonatal intensive care units during airstrikes on hospitals. Only ‘very sick people’ order such attacks, and try to justify them.

President Trump has said that on Saturday evening the assailant was taken down by “brave” Secret Service members, confirming that one officer was shot from a “very close” distance with a “very powerful” gun, but was saved by his bulletproof vest. Thankfully, the incident ended without bloodshed, and the Secret Service members no doubt acted bravely. But there was a serious lapse on their part; the gunman gained access to the Hilton lobby, without being detected, like in a Hollywood political action thriller.

Answering a question about why some people hoped to take his life, President Trump told the media at the White House that while he did not want to say he felt “honored” by having his life threatened, he knew people did not go after those who sat around and did nothing. He added that America was a strong country that was no longer the “laughing stock” of the world. Thus, he has tried to use Saturday’s shooting incident to boost his image, with the midterm elections drawing nearer.

Trump survived an assassination attempt during his re-election campaign in 2024, and that incident stood him in good stead; he made the most of the bullet that grazed his right ear to gain political mileage. Theatrics and rhetoric help gain popular support to win elections. Saturday’s shooting incident also seems to have benefited Trump politically, for it eclipsed a protest by those seeking justice for the victims of the Epstein sex scandal and legal action against all paedophiles who were in league with Epstein. The protesters were projecting images of Trump with Jeffrey Epstein onto the Washington Hilton, when the evening was shattered by gunfire. But for that incident, the protest and the images projected on the hotel would have received much publicity in the US and across the world. Today, the media is full of reports on the shooting incident and Trump’s braggadocio at a subsequent media briefing.

However, the Epstein files will not go away. Conflict in West Asia and promises to make America great again will not help make the damning files disappear. They will continue to dog Trump and there will be no escape for him.

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