News
Court of Appeal grants interim relief, allows foreigners to drive three-wheelers
The Court of Appeal bench, comprising Justice Dhammika Ganepola and Justice Adithya Patabendige, has granted interim relief to Tuk Tuk Rental (Pvt.) Ltd., to continue to operate in terms of the existing legal framework, regardless of the declaration that foreigners could not drive three-wheelers on the basis of having international driving permits.
The petitioner moved court recently in the wake of Police Headquarters declaration that international driving permit holders wouldn’t be allowed to drive three-wheelers. The respondents were Transport, Highways and Urban Development Minister Bimal Rathnayake, Ministry Secretary Prof. Kapila C.K. Perera, Commissioner General of Motor Traffic Kamal Amarasinghe, IGP Priyantha Weerasooriya, Automobile Association of Ceylon and Attroney General.
The petitioner challenged the bid made to prevent foreigners, who obtained permission from the Automobile Association of Ceylon, to drive three-wheelers. The petitioner also wanted the Commissioner General of Motor Traffic Kamal Amarasinghe to recognise the covering permits issued by the Automobile Association of Ceylon and the IGP to issue necessary instructions to countrywide police stations not to take action against foreigners driving three-wheelers.
The Court of Appeal said that upon consideration of the submissions of all Counsel, the principal issue that arises for the determination is whether the applicable legal framework governing the present matter is the Motor Traffic Act or the Motor Car (Convention) Ordinance, together with the Regulations made thereunder.
The learned Presidents’ Counsel appearing for the Petitioner and the 5th Respondent contended that Regulation 22(2) made under the Motor Car (Convention) Ordinance expressly authorises bona fide tourists to drive motor vehicles in Sri Lanka upon compliance with the prescribed requirements, and that the impugned document marked P10 by which foreigners who have obtained permisison from the Automobile Association of Ceylon are prohibited from driving three-wheelers is inconsistent with that statutory regime. It was further contended that the Respondents, by issuing and seeking to implement P10, have acted in excess of jurisdiction and in a manner that is ultra vires the governing legal framework.
In contrast, the learned State Counsel submitted that the matter falls within the scope of the Motor Traffic Act and that foreign tourists holding International Driving Permits are not eligible to operate three-wheelers in Sri Lanka.
This Court is of the view that the rival contentions raise a serious and substantial question of public law, namely, whether the impugned decision embodied in P10 constitutes an unlawful restriction imposed without statutory authority or whether it represents a permissible exercise of regulatory power under the applicable legislation.
At this stage, it is sufficient for this Court to be satisfied that a serious question of law exists for determination.
Further, this Court is satisfied that if P10 is permitted to operate pending the final determination, the Petitioner’s business operations and the permits already issued by the 5th Respondent would be adversely affected. On the other hand, the granting of interim relief merely preserves the status quo ante existing prior to the issuance of impugned document P10 until the legality of that decision is conclusively determined.
In these circumstances, this Court finds that the threshold requirements for granting interim relief have been satisfied.”
The Frontline Socialist Party-backed People’s Struggle Movement is set to stage a protest march in Colombo today (03) against what it describes as the growing tax burden on the public and the rising cost of living.
The organisers are due to commence the “Colombo March Against Unjust Taxes” at noon from Campbell Park, Borella. The FSP has also been mobilising support for the protest in Colombo and its suburbs in the run-up to the event.
People’s Struggle Movement National Executive Council member Wasantha Mudalige, speaking at a media briefing in Nugegoda yesterday (02), called on the public to join the protest, saying the movement intended to bring the tax burden faced by ordinary people to the forefront.
Mudalige alleged that successive tax measures had placed an excessive burden on households, particularly through taxes on food and educational items. He also criticised the Government over what he described as the high cost of basic food items and the difficulties faced by parents in meeting their children’s educational expenses.
He accused the Opposition of failing to adequately address the issue, claiming that opposition parties raised such concerns, mainly during election periods.
Mudalige also criticised the Government for what he described as a departure from promises made before the 2024 presidential election regarding taxes on educational equipment.
He questioned the tax burden on food items, citing figures of Rs. 100 per kilogramme on dried sprats, Rs. 310 per kilogramme on chicken and Rs. 11 per egg.
He further alleged that while ordinary people were bearing a heavy tax burden, wealthy groups were receiving tax concessions. He also criticised the Government’s economic programme and its implementation of measures associated with the International Monetary Fund (IMF).
The movement has framed today’s protest as part of a broader campaign over the cost of living and taxation. The People’s Struggle Alliance has separately announced that the Campbell Park demonstration will be the first in a series of public actions, with further protests planned in November.
Mudalige said the movement would continue to take the issue to the streets and urged the public to participate in today’s demonstration.
People’s Struggle Movement National Executive Council member Jayantha Amarasinghe also addressed the press.
The Colombo High Court yesterday postponed the trial in the case filed under the Prevention of Money Laundering Act against Yoshitha Rajapaksa, son of former President Mahinda Rajapaksa.
The case was taken up before Colombo High Court Judge Udesh Ranatunga, with Yoshitha Rajapaksa, who is currently out on bail, appearing in court.
The trial was postponed as the President’s Counsel appearing for the defence was indisposed.
The Attorney General has filed the case against Rajapaksa, alleging that he committed an offence under the Prevention of Money Laundering Act by purchasing five plots of land in Dehiwala and Ratmalana, worth more than Rs. 73 million.
A contingent of the Sri Lanka Army, comprising 20 officers and 55 other ranks, participated in the combined military exercise ‘Wolverine Path II–2026’, conducted with the Armed Forces of the Russian Federation in Vladivostok, Russia, from September 18 to 25.
According to the Ministry of Defence, the exercise primarily focused on counter-terrorism operations and provided participating troops with training in a challenging combined operational environment.
The exercise included a range of tactical activities, including heli-rappelling, close-quarters battle (CQB), ambush operations, sniper firing, drone operations, buggy training and combat medical support.
The Ministry said the training enabled Sri Lankan troops to further develop their combat skills, tactical coordination and operational readiness.
It also provided an opportunity for the two militaries to exchange professional knowledge, operational experience and tactical expertise. Sri Lankan personnel gained exposure to training methodologies, tactical approaches and operational practices adopted by the Russian Armed Forces, the Ministry said.
The participation also enabled the Sri Lankan contingent to identify lessons from the joint training and share its own experiences with the Russian military.
The Sri Lankan contingent returned to the country following the exercise and arrived at Mattala Rajapaksa International Airport on September 28.
The Ministry said participation in the exercise contributed to enhancing the professional knowledge, tactical awareness and operational preparedness of Army personnel while promoting military-to-military cooperation, mutual understanding and professional relations between Sri Lanka and Russia.
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