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Hakeem commends new contempt law for legal clarity

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SLMC leader Rauff Hakeem speaking at the debate on Contempt of a Court, Tribunal or Institution Bill in Parliament

SLMC leader Rauff Hakeem told Parliament that the contempt law presented by the Government attempts to codify common law principles established through previous judgments, providing a statutory foundation for these legal principles.

Participating in the second reading debate on the Bill, the SLMC leader said that ‘Contempt of a Court, Tribunal or Institution Bill’ aimed at establishing a comprehensive legal framework for contempt of court, addressing both the specific laws on contempt and the procedures to be followed in contempt cases. The need for such legislation has been a subject of debate, with arguments surrounding the existence of constitutional provisions and other enactments penalizing contempt of court in various forms.

He said that the controversy surrounding the enactment of a specific law on contempt was reminiscent of a similar situation in India, which was resolved with the introduction of the Contempt of Courts Act in 1971. In August 2023, when the Bill was under consideration by the Supreme Court, a key argument raised was whether there was a necessity for a distinct law on contempt when constitutional provisions and other laws already addressed the issue. Notable cases, involving individuals such as Ranjan Ramanayake and SB Dissanayake, who faced consequences under Article 105(3) of the Constitution, emphasized the existing legal measures against contempt. “Apart from the constitutional provisions, there are other separate enactments that provide for contempt against individuals, for example Civil Procedure Code and Code of Criminal Procedure, Primary Courts Act, Partition Law, the Judicature Act etc,” he said.

Hakim said that despite the argument that the Parliament lacked legislative competence to enact separate legislation on contempt, the Supreme Court pointed to the Reserved List of the Constitution, which preserves the right to pass specific laws on contempt. This constitutional provision has been in place since the enactment of the 13th Amendment, allowing for subsequent legislation in the realm of contempt of court.

Moving beyond the legal intricacies, the Bill seeks to bring clarity to the offense of contempt, which has historically been surrounded by uncertainty. Past cases, such as that of Armond de Soza in 1914, highlighted the ambiguity in determining what constitutes contempt. The offence of contempt has always been in a state of uncertainty, while some acts amount to contempt, others did not do so. We remember the old case where an editor of a newspaper was summoned and punished for contempt for writing about judges spending in their time in Nuwara Eliya.

He captioned his article as ‘Justice on holiday.’ He pointed out in public spirit, as he claimed, that judicial time was being wasted. But the judges of yesteryears would not let him go scot-free, I remember the case in the matter of Armond de Soza, Editor of Ceylon Morning Leader in 1914, reported in 18 NLR 33. This judgment presents one important aspect of the law of contempt of court. I quote here: “There is no doubt to the right of the members of the public to criticize and to criticize wrong judicial decisions or judicial work and to bring to the notice of proper authorities any charge whatsoever of any alleged misconduct of the part of the judge.”

The Bill attempts to codify common law principles established through previous judgments, providing a statutory foundation for these legal principles.

One notable aspect addressed by the Bill is the definition and prohibition of acts amounting to contempt, such as willful disobedience to court orders and breach of undertaking given to the court. By doing so, the legislation aims to formalize and standardize the criteria for contempt of court. The Bill now provides for some acts to be of contempt of court such as willful disobedience to any judgment, decree, direction, order, writ or other processes of court will amount to contempt of court.

The SLMC leader said that the inclusion of the offense of scandalizing judicial authorities has raised concerns. While the Supreme Court has upheld its constitutional validity, critics argue that the vague contours of this provision leave individuals at the mercy of judges’ discretion. The potential for abuse and the subjective nature of determining what constitutes scandalization prompt a call for a reevaluation of this particular provision.

Hakeem said that the historical context provided through Lord Denning’s anecdote highlights the importance of judges exercising leniency and not using contempt powers to uphold their own dignity. The Bill acknowledges the need to define proper contours for the offense of contempt, aligning with constitutional provisions that restrict freedom of speech to prevent contempt of court.

He said that Bill aims to address the longstanding need for a comprehensive legal framework on contempt of court. While it codifies existing legal principles, concerns regarding the provision on scandalizing judicial authorities warrant careful consideration and potential revision. The legislation acknowledges the delicate balance between preserving freedom of speech and safeguarding the authority of the judiciary.

“This freedom cannot be the freedom of wild ass. Article 15 (2) of our Constitution specifically states that we cannot exercise freedom of speech to commit contempt of court. This was a long-felt need to have defined proper contours of the offence of contempt. I thank the Minister for bringing this law,” Hakeem said.



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State Banquet Hosted by the President for the Maldivian President and Delegation

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A special state banquet hosted by President Anura Kumara Dissanayake in honour of Maldivian President Dr Mohamed Muizzu, who is on a state visit to Sri Lanka at the invitation of the Sri Lankan President, was held on Monday (04) at the President’s House in Colombo Fort.

Upon arrival  President Dr Mohamed Muizzu and First Lady Sajidha Mohamed were warmly received by President Anura Kumara Dissanayake.

Addressing the gathering, President Dissanayake stated that the long-standing and steadily growing close relationship between Sri Lanka and the Maldives has been further strengthened by the visit of President Muizzu and First Lady Sajidha Mohamed.

He also noted that if the unique appeal of both nations could be jointly promoted, it would bring significant benefits to the people of both countries, particularly in the tourism sector.

The President further emphasised that the strong ties between the people of Sri Lanka and the Maldives, along with their cultural connections, date back centuries. He added that similarities between the two languages reflect this bond, and that the two nations will continue to remain close friends engaged in constant interaction.

President Dissanayake remarked that Sri Lanka considers it an honour to have hosted the signing of the Maldives’ Declaration of Independence in 1965, describing it as a symbol of unity, cooperation and goodwill between the two countries. He added that this is why Maldivians regard Sri Lanka as their second home.

He also stated that the Maldives is regarded as a reliable and valuable partner in efforts towards Sri Lanka’s social and economic development, as well as regional peace and prosperity, highlighting the importance of joint engagement on global issues.

Pointing out that the two countries, as neighbours in the Indian Ocean, share deeply interconnected realities, the President said that challenges such as rising sea levels, climate change and global economic crises affect both nations. He stressed that these can only be addressed through unity and collective purpose, and expressed appreciation for the Maldives’ support during times of difficulty in Sri Lanka.

He further noted that the discussions held between the two leaders would open new avenues for strengthening cooperation between the peoples of both countries. Inviting President Muizzu to work together in safeguarding enduring values such as tolerance, compassion and sustainability, he emphasised the importance of unity in building a brighter future.

Extending his best wishes to President Muizzu and the Maldivian delegation, President Dissanayake expressed confidence that the visit would contribute to the continued progress and prosperity of both nations.

In his address, President Mohamed Muizzu stated that it was a great pleasure to visit Sri Lanka, a long-standing partner in Maldivian history. He described the occasion as not merely a diplomatic engagement, but a celebration of a friendship as deep and gentle as the ocean that connects the two island nations.

He noted that for centuries, the waves between the two shores have carried more than trade and travellers, they have conveyed trust, affection and a shared rhythm of coexistence without rivalry, built on cooperation.

President Muizzu described these enduring human bonds as a golden thread uniting the two nations, characterised by humility, sincerity and permanence.

He emphasised that the friendship between the two countries is founded on mutual respect and has successfully withstood the tests of time. He recalled that Sri Lanka has always extended a steadfast hand of friendship to the Maldives, and expressed the gratitude of the Maldivian people for Sri Lanka’s support in shaping and nurturing the nation’s development.

He further stated that the ocean does not divide Sri Lanka and the Maldives, but unites them, adding that their unity is their greatest strength in ensuring that the Indian Ocean remains a region of peace, stability and opportunity for all.

Addressing climate change as a pressing global challenge, President Muizzu called for joint advocacy for climate justice and for the rights of small nations to survive and thrive. He stressed the importance of collaboration in innovation, resilience and global dialogue, noting that the true meaning of diplomacy lies in the people of both nations.

He also acknowledged Sri Lanka’s achievements in literacy, healthcare and human development as a long-standing inspiration to the Maldives. Looking ahead, he expressed a desire to deepen ties through opportunities in education, training and technology that empower younger generations.

He highlighted that every student nurtured, every life healed and every mind inspired contributes to a more peaceful and prosperous region.

President Muizzu remarked that Maldives–Sri Lanka friendship is not only recorded in official statements, but lives on in the smiles of children growing up familiar with each other’s flags, languages and cuisines. He noted that such bonds are reflected in the warmth exchanged between citizens and the quiet pride shared in each other’s success, adding that these connections cannot be artificially created, they must be experienced and cherished.

Concluding his speech, he stated that although the horizon may be vast, it always unites the sea and the sky, just as the Maldives–Sri Lanka friendship, though far-reaching, is always grounded in shared purpose and mutual respect.

He invited both nations to move forward together with gratitude for the past, confidence in the present and hope for a shared future, expressing his wish that the close friendship and cooperation between the Maldives and Sri Lanka will continue to grow stronger.

During the event, President Muizzu also signed the official commemorative book for visiting heads of state.

Several Sri Lankan dignitaries, including Prime Minister Dr Harini Amarasuriya, Deputy Speaker Rizvie Salih, and other ministers and officials, were present. Members of the Maldivian delegation, including senior ministers and diplomatic representatives, also attended the occasion.

(President’s Media Division)

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India pushes for direct link between Rameswaram and Talaimannar, FTA upgrade

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Jha

India wants to upgrade the India-Sri Lanka Free Trade Agreement, signed in 2000 during Chandrika Bandaranaike Kumaratunga’s presidency.

Declaring that more than 65% of Sri Lankan exports use FTA benefits whereas only 5% of Indian exports use the same, Indian High Commissioner in Colombo, Santosh Jha, emphasised the urgent need to transform the FTA into a modern framework that delivers the full potential of the bilateral economic partnership.

Jha was addressing the Global Innovation & Leadership Summit “Sri Lanka & India Ties: A Civilisational Bond,” organised by Z Media & WION, in Colombo, recently.

Jha said: “We have spent too long talking about it (FTA); sometimes renaming it; but not actually moving with purpose and required political will to forge a new framework. I say this not to assign blame — but to note that every year of delay is a year of opportunity lost. Think of it, in the last six years, India has signed nine FTAs, covering trade with 38 countries.”

Jha dealt with the situation developing in West Asia where the unprovoked US-Israeli war against Iran has caused tremendous hardships all over the world.

“We are living through an extraordinary period of global turbulence. Supply chains, markets, and everything else available, as a leverage, are being weaponised, as never before. Geopolitical competition is reshaping trade, alliances and partnerships. Trust in global order is eroding; Utility of global institutions are in question. Wars and conflicts are proliferating; even if these wars are regional, nobody seems immune from its impact. Economic uncertainty in some form or another has become almost a permanent condition. And we are all struggling in different degrees to adapt, as nations.

In these circumstances, relationships built on shallow transactional foundations are the first to crack. They are the ones where a change of government, a shift in commodity prices, or a geopolitical tremor is enough to undo years of effort.”

Commenting on Indo-Lanka relations, Jha said: “Civilisational bonds are different. They are not dependent on who happens to be in office in any given year. They are not contingent on a favourable deal or a transaction. They are sustained by something far deeper and more durable: a shared sense of who we are and where we come from, and what we seek to build for ourselves.

When the world is uncertain, you turn to those you trust. And trust, real trust, is built over centuries, not decades. India and Sri Lanka have that in plenty. But we must not take it for granted. In fact, we should nurture it, build on it and use it to our mutual advantage.”

Jha underscored the need to connect India with Sri Lanka. Jha said: “Let me be direct. The distance between Colombo and Chennai by sea is roughly 300 kilometres. But the distance between Rameswaram and Talaimannar — the closest points of our two countries — is about 30 kilometres. Thirty kilometres. And yet, there is no direct road. No railway. No ferry service that runs at scale. No energy grid connection. No pipeline. It is, frankly, an anomaly. It is as if two neighbouring rooms are connected only through a corridor outside, even when there is a door that can be built between the two rooms, right in the shared wall of the two rooms. We need to open that door.”

Land connectivity via a bridge or tunnel across the Palk Strait has been discussed for decades. There are enough examples of such corridors across the world. The engineering is well understood. The economics are compelling. The benefits, wherever such bridges have been built, are unmistakable. But we continue to waver. But let me say clearly: the time for wavering is over. A fixed link between India and Sri Lanka would transform the economic geography of this entire region. It would make Sri Lanka a hub, it aspires to become, in a way that no port expansion or airport upgrade can achieve on its own.

Energy connectivity is equally transformative. India has made massive strides in renewable energy across solar, wind, nuclear and green hydrogen. Sri Lanka has its own targets. A submarine electricity interconnection between the two countries would give Sri Lanka access to affordable and clean power. It will also create a market for Sri Lanka’s energy exports and help realise its vast potential. In a power-hungry age of data centres, India’s demand for renewable energy will only increase; and Sri Lanka needs to fully understand that opportunity to forge ahead.

Beyond electricity, serious conversations must also take place about long-term energy supply arrangements, including the petroleum pipeline and the development of tank farms in a meaningful, sustainable way. It can provide Sri Lanka with price stability and energy security. Something that we know today after the West Asia crisis is at premium. These are not fantasies. They are projects that have been studied, scoped, and in some cases are ready for decision. India already has implemented similar projects with its other neighbours – Nepal, Bhutan and Bangladesh – who are benefitting not just by exporting their surplus power to Indian markets but also by enjoying a level of energy security, which would not have been possible otherwise in the current difficult global situation.

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Treasury theft won’t be treated by creditors as a default: Govt.

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Anil Jayantha / Sajith

Sri Lanka’s creditors were unlikely to classify the recent USD 2.5 million Treasury fund heist as a technical debt default, Deputy Minister of Finance Anil Jayantha Fernando told Parliament yesterday (05), citing assessments by the Government’s financial and legal advisors engaged in the debt restructuring process.

Responding to queries raised by Opposition Leader Sajith Premadasa, Fernando said the incident is expected to be treated as a cybercrime matter rather than a failure or refusal by the State to honour its debt obligations.

“Although the funds remitted by Sri Lanka were not received by the Australian creditor, this does not indicate an inability or unwillingness on the part of the Government to repay,” he said, adding that given the nature of the incident and Sri Lanka’s relations with Australia, advisors believe neither Australia nor Paris Club members are likely to deem it a debt default.

Fernando said debt restructuring advisors had been consulted on whether the episode could amount to a technical default, while investigations are continuing to establish the nature of the alleged fraud.

Outlining the sequence of events, he said the Sri Lanka Computer Emergency Readiness Team was notified on January 9, 2026, with the Criminal Investigation Department also informed the same day. He said Australia Export Finance later notified Sri Lankan authorities on March 23 that the funds had not been received. A complaint was subsequently lodged with the CID by the Director General of the External Resources Department on March 24, while the Financial Intelligence Unit was informed on April 1.

Rejecting allegations that the Government had withheld information from Parliament, Fernando said there had been no attempt to suppress facts, noting that disclosure had been delayed pending further clarity from ongoing investigations, particularly regarding possible official involvement and internal control lapses.

He assured that all findings would be presented to Parliament in due course.

Premadasa questioned the delay in informing the House, given the timeline of events.

Fernando also cautioned against unverified speculation surrounding the death of a Ministry official linked to the incident, urging both the Opposition and the media to refrain from disseminating unsubstantiated claims.

Responding to claims raised by Premadasa that the deceased official was the first to detect and report the fund diversion, Fernando declined to confirm or deny the assertion, warning that such speculation could mislead the public and aggravate the situation.

He said investigations by the CID, in collaboration with the Finance Ministry’s External Resources Department and the Public Debt Management Office, are ongoing, adding that the continued service of the Ministry Secretary would not impede impartial inquiries.

“I am not prepared to present unverified information until investigations are concluded,” he added.

By Saman Indrajith

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