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BASL: Ensure integrity of nominations to Constitutional Council
The Bar Association of Sri Lanka (BASL) has called on all parties concerned to ensure the integrity of nominations to the Constitutional Council under Sri Lanka’s recently enacted 21st amendment to the constitution.Citing weak checks and balances on the powers of the executive president, the BASL on Thursday (27) called on the president, prime minister, the speaker of parliament, the opposition leader and all political parties represented in parliament to ensure that nominations to Constitutional Council are devoid of partisanship and are made in a way that will inspire public confidence.
In a statement, the BASL said on the 21st of October 2022, Parliament approved the enactment of the 22nd Amendment to the Constitution, which has now been renamed as the 21st Amendment to the Constitution.
The 21st Amendment to the Constitution regrettably does not completely restore the status quo ante which prevailed prior to the 20th Amendment to the Constitution and does not place adequate checks and balances on the powers of the Executive President. As the 21st amendment is enacted into law, it is essential that the Constitutional Council which is to be appointed thereunder, and the Independent Commissions which will be reconstituted thereafter, be independent, impartial, and be institutions that will help restore confidence in Sri Lanka and its Institutions, the BASL said.
The Bar Association of Sri Lanka called upon the President, Prime Minister, Speaker, Leader of the Opposition, and all political parties represented in Parliament, to firstly ensure the integrity of nominations to the Constitutional Council and to ensure that such nominations are devoid of partisanship and in a manner that will inspire public confidence. Full Statement: The Bar Association of Sri Lanka (BASL) notes that on the 21st of October 2022, Parliament approved the enactment of the 22nd Amendment to the Constitution, which has now been renamed as the 21st Amendment to the Constitution.
The Bill approved by Parliament was by and large that which was presented in Parliament on 10th August 2022 and published in the Gazette on 2nd August 2022 by the Government, subject to certain changes at the Committee Stage mainly to bring it in line with the determination of the Supreme Court.
The necessity to amend the Constitution arose as a result of the public outcry that sprung up throughout the country in response to the present economic crisis. It has been perceived that the causes of the crisis include the lack of checks and balances on the powers of the Executive including the Executive Presidency. The 20th Amendment to the Constitution rolled back the checks and balances which were introduced by the 19th Amendment on the exercise of executive power.
The 21st Amendment to the Constitution regrettably does not completely restore the status quo ante which prevailed prior to the 20th Amendment to the Constitution and does not place adequate checks and balances on the powers of the Executive President.
The BASL in its previous statements on the 22nd Amendment Bill highlighted the shortcomings of the Bill and of the danger that the nominations of a majority of members to the Constitutional Council will be controlled by the party or parties in the Government, resulting in it lacking independence and consequently affect the independence and integrity of the offices and institutions to which appointments will be made through the Constitutional Council.
Nevertheless, now that the 21st amendment is enacted into law, it is essential that the Constitutional Council which is to be appointed thereunder, and the Independent Commissions which will be reconstituted thereafter, be independent, impartial, and be institutions that will help restore confidence in Sri Lanka and its Institutions. As such the Bar Association of Sri Lanka (BASL) calls upon the President, Prime Minister, Speaker, Leader of the Opposition, and all political parties represented in Parliament, to firstly ensure the integrity of nominations to the Constitutional Council and to ensure that such nominations are devoid of partisanship and in a manner that will inspire public confidence.
For this purpose, it is important to ensure that the non-ex-officio members of the Constitutional Council appointed from among Members of Parliament and from among non-Members of Parliament be done in a transparent and open manner and to also ensure that those appointed will be acceptable to the members of the public and be persons of the highest integrity and reputation. After the Constitutional Council is established, it should thereafter adopt a transparent, open, and inclusive process by which it nominates Chairpersons and members of Independent Commissions and other institutions established by the Constitution and other laws.
It is also noted that upon the enactment of the 21st Amendment, the Chairpersons and members of Independent Commissions will cease to hold office upon these Commissions being reconstituted. In doing so it is imperative that those appointed to the Election Commission, the Public Service Commission, the National Police Commission, the Human Rights Commission of Sri Lanka, the Commission to Investigate Allegations of Bribery or Corruption, the Finance Commission and the Delimitation Commission be persons who have not only the requisite qualifications and abilities but also be those whose appointments receive wide acceptance. It is equally important to ensure that the enactment of the 21st Amendment must not be used as an excuse or mechanism to discontinue Chairpersons and members of Commissions whose services helped establish public faith in such Institutions.
It is also vital for the Government to make provisions for the Commissions to have financial independence and that these Commissions to adopt procedures that promote accountability and transparency in their work. Any failure of the 21st Amendment to address the issue of creating strong independent institutions in Sri Lanka will also have a bearing on future law reform initiatives, such as the proposed composite Anti-Corruption law, and will have an adverse impact on the Rule of Law in Sri Lanka.
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Gnanasara Thero absconding after SC ruling
Ven. Galagoda Aththe Gnanasara Thero was not at his temple in Rajagiriya when prison officials visited the premises yesterday to take steps following the Supreme Court ruling that nullified the presidential pardon granted to him, police sources said.
Prison officials who visited the temple on Nawala Road, Rajagiriya, were reportedly informed by those present that the Thero’s whereabouts were unknown. The development comes a day after the Supreme Court declared former President Maithripala Sirisena’s 2019 pardon of Gnanasara Thero null and void.
The three-member Supreme Court bench comprising Justices Janak De Silva, Dr. Sobhitha Rajakaruna and Sampath B. Abayakoon held that the pardon was arbitrary, violated the public trust and principles of natural justice, and was made beyond the proper exercise of the President’s constitutional discretion.
The case arose from Gnanasara Thero’s conduct at the Homagama Magistrate’s Court in January 2016 during proceedings relating to the disappearance of journalist and political cartoonist Prageeth Eknaligoda.
The Court of Appeal convicted him on four counts of contempt of court in 2018 and imposed concurrent prison terms amounting to six years. He had served about nine months when Sirisena granted him a presidential pardon on May 23, 2019.
The Supreme Court found that although Article 34 empowers the President to grant pardons, that power is held in trust for the people and is subject to constitutional limitations and judicial review. The Court concluded that Sirisena had effectively acted on the recommendation of the Additional Secretary (Legal) without demonstrating that he had independently considered the relevant material.
Justice De Silva held that the pardon was “arbitrary”, violated public trust and the rules of natural justice, and was ultra vires the President’s powers. The Court consequently found that the decision violated the fundamental right to equality guaranteed by Article 12(1) of the Constitution.
The ruling effectively restores the legal position under the original conviction, leaving Gnanasara Thero without the benefit of the 2019 pardon. The Supreme Court also clarified that a pardon does not erase a conviction or sentence, but merely relieves an offender from serving the sentence to the extent specified in the pardon.
Gnanasara Thero, the General Secretary of the Bodu Bala Sena, had been convicted over his conduct during proceedings concerning the disappearance of Eknaligoda, who went missing in January 2010 and has not been located.
Sandhya Eknaligoda, Prageeth Eknaligoda’s wife, was among those who challenged the presidential pardon before the Supreme Court, alongside the Centre for Policy Alternatives and its Executive Director Dr. Paikiasothy Saravanamuttu.
The detailed account of the judgment indicates that the Court’s ruling primarily nullified the pardon and restored the legal effect of the original sentence, with the implementation of the sentence falling to the relevant authorities.
Police sources said that the Supreme Court, however, did not permanently close the door on executive clemency. It held that a future President could grant Gnanasara Thero another pardon, provided the power is exercised lawfully and after proper consideration of all relevant material.
The Supreme Court has so far overturned three presidential pardons granted to two former Presidents. In January 2024, the Court declared former President Gotabaya Rajapaksa’s pardon of former MP Duminda Silva unlawful and invalid. In June 2024, it invalidated two pardons granted by former President Maithripala Sirisena to Royal Park murder convict Jude Shramantha Anthony Jayamaha — the first in May 2016, which commuted his death sentence to life imprisonment, and the second in October 2019, which released him from prison. Jayamaha, who was convicted of the murder of 19-year-old Yvonne Johnson, remains at large. Most recently, on September 10, 2026, the Supreme Court declared Sirisena’s 2019 pardon of Ven. Galagoda Aththe Gnanasara Thero null and void, ruling that it was arbitrary and inconsistent with the Constitution.
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House to debate 22A, Judicature Bill next week
Parliament is scheduled to debate the Twenty-Second Amendment to the Constitution Bill and the Judicature (Amendment) Bill on September 24 and 25, subject to the Speaker’s announcement following the delivery of the Supreme Court determination on petitions filed against the Bills.
The programme for the Parliamentary Week from September 22 to 25 was decided at a meeting of the Committee on Parliamentary Business held on Thursday (10) under the chairmanship of Speaker Dr. Jagath Wickramaratne.
On each sitting day, Parliamentary Business under Standing Orders 22(1) to 22(6) will be taken up from 9.30 am to 10 am, followed by Questions for Oral Answers from 10 am to 11 am Questions under Standing Order 27(2) will be taken up from 11 am to 11.30 am.
On Tuesday (22), the Orders published in Extraordinary Gazette No. 2497/37 under the Petroleum Resources Act and the Promotion of Export Agriculture (Amendment) Bill will be debated from 11.30 am to 5 pm.
The Tredso Development Foundation (Incorporation) Bill, a Private Member’s Bill, will then be taken up for Second Reading before being referred to the Legislative Standing Committee.
An Opposition motion at the Adjournment Time will follow.
On Wednesday (23), the Chartered Institute of Media Professionals of Sri Lanka Bill will be debated from 11.30 am to 5 pm, followed by Questions at the Adjournment Time.
The Second Reading debate on the 22nd Amendment Bill and the Judicature (Amendment) Bill is scheduled for 11.30 am to 7 pm on Thursday (24) and Friday (25).
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Wrong house targeted in underworld grenade attack: Two children killed
Two children aged 11 and 17 were mistakenly killed and their 55-year-old father injured in an early morning hand grenade attack on Sirisangabo Mawatha on Friday. Police investigations later revealed that the attackers targeted the wrong house during an ongoing underworld clash.
Three police teams have been deployed to investigate the attack, which occurred at around 3 am.
According to police, a man who arrived near the house in a three-wheeler knocked on the front door before throwing a grenade into the premises and fleeing.
The victims were identified as 17-year-old Kasun Rashmika and 11-year-old Duminda Gihan. Their 56-year-old father, Nalin Thusantha Perera, was seriously injured and admitted to the Kalubowila Teaching Hospital.
Police said the injured man’s brother was allegedly a close associate of a drug trafficker known as ‘Sando’ and had also been accused of involvement in drug trafficking.
The brother lives in a house adjoining the one targeted in the attack, and police suspect the grenade may have been thrown at the wrong house.
Police are also investigating information that the attack was allegedly carried out at the direction of several overseas-based drug traffickers, identified as Pandithage Shantha Kumara alias ‘Kos Malli’, Samantha Perera alias ‘Chuwa Samantha’, ‘Kudu Avishka’ and ‘I.D.’
Police said the attack was believed to be linked to an ongoing conflict between two underworld factions, which have targeted each other’s associates in shootings and grenade attacks. More than 20 people have reportedly been killed in such attacks.
Security agencies are also investigating alleged links between one faction and overseas-based criminals including Kanjipani Imran, Unakuruwe Shantha, Dubai Gagana and Handaya.
Security agencies have also received information that overseas-based criminals identified as Kanjipani Imran, Unakuruwe Shantha, Dubai Gagana and Handaya are allegedly behind the supply of firearms and drugs to the faction associated with Kos Malli and Chuwa Samantha.
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