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Embarking on a digital journey: Exploring Sri Lanka’s readiness
The new normal requires new approaches and solutions, an imperative change that must be embraced by all sections of the economy to survive and to stay relevant.
The outbreak of the pandemic saw the country grappling to keep up with day-to- day activities, both on a personal and corporate level. One of the key challenges observed was in the areas of transacting for goods and services in what can be called an increasingly contactless word.
Although relevant authorities have pushed for Sri Lanka to move towards a cashless economy, it was during the initial outbreak of COVID-19 that people actively looked to use the digital payment infrastructure that is in place.
Across the world, including Sri Lanka, the digital modes of communications including payments are continuing to boom, thanks to the introduction of new technologies coupled with other developments to encourage the emergence of innovative ways of doing things, which leads to the creation of new business opportunities.
The Information Communications Technology Agency (ICTA) has been in the forefront in driving the adoption of digital technologies and legal frameworks in the country especially within the government.
However, despite efforts to deploy platforms and technologies by many stakeholders, the uptake has been slow largely due to the lack of awareness.
Sri Lanka’s readiness to embrace the digital journey
Even before the crisis hit, Sri Lanka had all the necessary framework to embark on the digital journey, and the ability of consumers to make an immediate transition from manual to electronic transactions provide clear evidence that a strong foundation has already been laid.
In order to enable this transition from a policy perspective, Director/Legal Advisor at ICTA & Director, Sri Lanka CERT, Mr. Jayantha Fernando affirmed that Sri Lanka has the enabling legal framework to transform every form of physical activity that is carried out, into the digital medium, except for certain classes of instruments where notarization is needed.
“I believe and can firmly say that we have sufficient legal grounds to embrace this transition,” Fernando assured.
Digital signatures
Making the digital journey even more convenient to embark on is the ability to use digital signatures. Digital signatures essentially work by proving that a digital message or document was not modified, intentionally or unintentionally, from the time it was signed. This is done by generating a unique hash of the message or document and encrypting it using the sender’s private key. In addition, the sender is bound to the communication if a digital signature is affixed, thus, providing non-repudiation.
In this context, Sri Lanka has been successful in terms of cross border transactions as well, since the root key from the island nation is recognized globally from the beginning of this year, after its launch on 14th February 2020.
In the first phase, digital certificates were provided to banks for use in financial transaction clearing systems, such as SLIPS and CITS.
During the second phase of development in 2011, digital certificates were provided to all sectors including their enterprise applications; SSL certificates and end-user certificates on both private and public networks. LankaSign provided an affordable option to Sri Lanka’s financial as well as other sectors and allowed them to automate documentation work, which was previously done manually.
With regards to verifying the validity of digital signatures, what is required is a valid certificate from the signatory, and the complete issuer chain of certificates up to the root certificate. In addition, the signatory’s public key, issuer Certificate Status Protocol (CSP) certificates and their Certificate Revocation List (CRL) are also required.
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While most enterprises have been focusing on their digital transformation over the last few years, many are still utilizing processes that have manual, physical, or face-to-face components and document signing is probably the best example of this.
According to Fernando, digital signatures actually help in the current context since there is reluctance at the moment to work on premise due to the outbreak of the pandemic.
“The digital signatures are the electronic equivalent of hand-written signatures. A digital certificate issued from a trusted party would have a higher degree of validity attached to them, which ensures integrity to the transactions. What should be ideally done is for governments, Corporates and SMEs to consider the option of using digitally signed documents, so that they can communicate those in electronic form to all participants in a transaction,” he said.
However, due to lack of awareness, most private organizations are somewhat reluctant to use digital certificates or digital signatures for their day-to-day transactions, he said.
Fernando stressed that companies should embrace digital signatures as they are convenient, versatile, legally binding, secure and adaptable.
The choice of digital signatures
This again is a business choice. Customers opting for digital signatures under the Electronic Transaction Act have a number of options across various categories.
“In law, we have left it to the trading parties to decide the category of electronic signatures they would like to use. One important feature of the Act is that we have kept the law technology neutral so that it can adapt to developments in technology,” Fernando, further said.
He added that under the law, it is said that any method that helps to identify a person and to indicate that person’s intention in relation to an electronic communication would fall within the framework of an electronic signature and depending on the type of transaction, the parties can use various methods.
“So basically, customers and businesses have choices, they must pick what is suitable to them. My suggestion is to make that choice wisely and use a method that is secure, ensures integrity to the transactions and guarantees digital transactions are not tampered with. Digital signatures achieve this objectives and there are no legal barriers to use them”, he said.
Fernando outlined that Sri Lanka has been examining this area and plans are afoot to fast track the Data Protection Bill. He Chairs the drafting committee responsible for this area, and drafted the Legislation that went through a public consultation process, which has received policy level approval.
Given the recent developments in the country and the world since the emergence of an unforeseen crisis, the Data Protection bill is being further refined and amended, Fernando stressed.
The bill will be finalized in the next few months and the new Ministry of Technology, established on 20th November 2020 is given the mandate to fast track the initiative and set up the institutional framework for its implementation.
News
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.
News
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).
News
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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