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Manohara makes strong case for draft Constitution, responds to criticism

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By Shamindra Ferdinando

President’s Counsel Manohara de Silva has strongly defended the retaining of the controversial 13th Amendment introduced at the behest of India in the new draft Constitution formulated by a 9-member committee appointed by former President Gotabaya Rajapaksa.

Manohara, one of the members of the committee headed by Romesh de Silva, PC, emphasised that the controversial Amendment enacted in the wake of the Indo-Lanka Accord signed in July 1987 had been diluted by the draft Constitution therefore Provincial Council system no longer posed a threat to the country’s unitary status.

An outspoken critic of foreign intervention, Manohara said so at a symposium organized by the Buddhasasana Karyasadaka Mandalaya at Sri Lanka Foundation (SLF) recently.

The constitutional expert challenged those skeptical of the draft Constitution to prove the committee wrong. The lawyer appreciated the Buddhist grouping taking the lead in educating the public on the proposed Constitution in the absence of the Wickremesinghe-Rajapaksa government taking any interest in the ex-President’s project.

However, on behalf of the Coalition Against Partition of Sri Lanka, its Convener retired Lt. Gen. Jagath Dias sought an explanation from the committee regarding the representations made by the Tamil National Alliance (TNA), one-time LTTE ally, pertaining to new constitutional proposals.

The Gajaba Regiment veteran also asked whether the discourse on the draft Constitution initiated on Oct. 12 would continue and the availability of an opportunity to make suitable amendments having considered fresh views in that regard.

Lt. Gen. Dias, who has declared that the full implementation of the 13th Amendment would undermine Sri Lanka’s unitary status, stressed the need for wider consultations regarding constitutional amendments.

President’s Counsel Romesh de Silva declined to reveal the submissions made by the TNA delegation, led by its leader R. Sampanthan. De Silva received the backing of four members of his committee, namely Manohara de Silva, Sanjeewa Jayawardena, PC, Samantha Ratwatte, PC and Navin Marapana, PC.

The team leader said that the dialogue between them and the TNA or any other party couldn’t be discussed publicly though necessary amendments could be effected following discussions. The committee explained that their responsibility was to produce a draft Constitution and further actions should be the prerogative of the government in power. The committee acknowledged that since the handing over of the draft Constitution to the then President, nothing has been done. The gathering was told that based on further discussions on the subject matter the process could be advanced in consultation with relevant parties.

Manohara de Silva said that in the absence of the Gotabaya Rajapaksa government and the Wickremesinghe-Rajapaksa government sleeping on it, Buddhasasana Karyasadaka Mandalaya, invited them to educate the public of the initiative. “We are only invitees here. Perhaps, they’ll continue this process,” the top lawyer said.

Ven. Athureliye Rathana, MP, threw his weight behind the effort. The MP monk asserted that the draft Constitution cleverly proposed a way out of a sensitive issue as it involved India and couldn’t be dealt with haphazardly. The monk stressed the need to further improve the section that dealt with waste, corruption and irregularities and closer look at economic policies. The former JHU heavyweight pointed out how Sri Lanka handled the power sector without adhering to tender procedures, thereby causing enormous loss to the national economy.

In his speech, Manohara de Silva responded to criticism directed at their draft Constitution. Declaring that what had been proposed was not the 13th Amendment that was already in the Constitution now, the lawyer said that they opposed it because the Provincial Council exercised more powers than the government.

The crux of the matter is in case Provincial Councils enacted a law in terms of the current Constitution, the Parliament has no say. The 13th Amendment to the Constitution has been enacted at the expense of Parliament, Manohara said, adding that the Supreme Court that was sharply divided on the issue allowed the law to be passed on the basis the Parliament with a two-thirds majority could do away with it.

Therefore, the 13th Amendment diluted the power of Parliament, the lawyer said, declaring that draft Constitution proposed that though the Provincial Councils could enact laws relevant, Parliamentary laws wouldn’t be undermined by them. De Silva explained that the 13th Amendment compelled the Governors of the Provinces appointed by the President to work in consultation with the provincial ministers. Alleging it dented the executive authority pertaining to what he called provincial subjects, Manohara said that they proposed measures to be taken against in case Provincial Councils resorted to wrong executive decisions.

Perhaps one of the most significant proposals was to do away with elections to the Provincial Councils, the lawyer said, explaining how the required number of PC members could be elected at the Local Government polls, thereby saving quite a considerable amount of funds. Manohara de Silva stressed that what was proposed by them were not the PCs established under the current law.

“Some asked why the whole thing was not scrapped altogether. We discussed this matter. We could have formulated the draft constitution without the relevant section on Provincial Councils,” he said, referring to various constitution making attempts with the focus on the project undertaken by M.A. Sumanthiran, MP, and the then UNP National List Member Dr. Jayampathy Wickremaratne during the Yahapalana administration.

Warning the audience of the threat posed by President Ranil Wickremesinghe’s declaration that he intended to build on the Yahapalana constitutional project, De Silva said that political parties represented in Parliament, and outside, wanted the PC system to continue. Those who had appeared before the committee sought the continuation of the PCs as they wanted their offspring and henchmen to use them as launching pads for parliamentary careers. Therefore, the only option available was to dilute the PCs as the Parliament wouldn’t allow abolition of PCs, the lawmaker said, declaring no government would do so. An irate de Silva said that those represented in Parliament wanted the expansion and strengthening of the system.

Manohara said that members of the nine-member committee could have produced nine different drafts. But, they decided to sink whatever the differences to produce one document that took into consideration views expressed by political parties represented in Parliament and outside.



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Namal Rajapaksa Buddhist gambit fails, bail denied

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MONETABRIEF – Namal Rajapaksa, son of Sri Lanka’s former leader Mahinda Rajapaksa, was denied bail by the Colombo chief magistrate despite pleading that he needed to attend important Buddhist rituals and travel to India.

The 40-year-old opposition MP’s lawyer, Shavindra Fernando, told the court that Namal had been invited to take part in a pinnacle-capping ceremony at the Pothgul Vihara temple on  September 26.

“If my client fails to attend this event, it should be regarded as a disrespect shown to the chief incumbent of the temple,” Fernando said.

He added that Namal had also received an invitation to visit India from 27 September to 1 October and therefore sought bail.

However, he was remanded until  September 29 in connection with allegations that he received kickbacks of $800,000 from the $2.3 billion Airbus aircraft purchase deal his father – Mahinda Rajapaksa – approved as president in 2013.

Deputy Solicitor General Janaka Bandara invoked the Buddha’s teachings in response to Namal’s lawyer, Fernando, saying that a judicial matter was far more important than attending a religious ceremony.

“According to what is being said here, the accused himself should have considered this while conducting dealings with Nimal Perera,” Bandara said, referring to the businessman who allegedly routed the bribe money to Namal.

Bandara quoted at length from a recent Supreme Court decision that expanded on the Buddha’s teachings, noting that when a ruler is righteous, the people follow; but when the ruler is dishonest, the citizenry follows that example too.

The 40-year-old MP was arrested on 4 September under the new anti-graft legislation parliament adopted unanimously in 2023.

Namal is primarily accused of accepting $800,000 out of a 1.4 euro million bribe that the then SriLankan Airlines chief executive, Kapila Chandrasena, is alleged to have received from Airbus after finalising a $2.3 billion purchase of aircraft in 2013.

Magistrate Asanga S. Bodaragama told the previous court hearing that he did not have the power to grant Namal bail because the Director-General of the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) had issued a certificate under section 149 of the Act.

The provision stipulates that a magistrate may not grant bail when the CIABOC DG presents a certificate confirming that an offence under the Act has been committed.

The magistrate noted that he could grant bail only in “exceptional circumstances”, but there was no acceptable argument from the defence for him to do so.

A Buddhist temple festival and an invitation from India could not be considered good enough reasons to grant bail.

The businessman who acted as a conduit for the bribe – Nimal Perera – had turned state witness, providing details of how the money was given to Namal through two bank transfers in 2014 and 2015, the court was told.

Under the provisions of the August 2023 Act, Namal Rajapaksa could be held in custody until the conclusion of the trial, even though the magistrate remanded him until  September 18, the maximum he could be incarcerated at a time.

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JR’s 17-year revolution transformed Lanka, says Ranil

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Ranil

Former President and UNP Leader Ranil Wickremesinghe said Sri Lanka’s first Executive President, J. R. Jayewardene, launched a 17-year revolution that transformed the country’s economy, strengthened democracy and improved living standards.

Addressing a scholarly discussion organised by the D. S. Senanayake Political Chair at the National Library on Thursday to mark Jayewardene’s 120th birth anniversary, Wickremesinghe recalled how his predecessor’s policies expanded education, decentralised property ownership and improved access to housing and electricity.

He said school enrolment increased from 2.5 million to 4.1 million during Jayewardene’s tenure, while household electricity coverage rose from 10 per cent to 95 per cent.

Housing conditions also improved, with the proportion of homes with permanent roofs and cement walls increasing from 40 per cent to 80 per cent, Wickremesinghe said.

“Isn’t this a revolution?” he asked, stressing that the reforms had improved the quality of life of ordinary people.

Wickremesinghe also highlighted Jayewardene’s constitutional reforms, particularly Article 3 of the 1978 Constitution, which vested sovereignty, including fundamental rights and the franchise, in the people.

He said the Constitution provided for the direct election of the Executive President by the people and guaranteed judicial protection of fundamental rights through Article 126.

Paying tribute to former leaders Ranasinghe Premadasa, Gamini Dissanayake and Lalith Athulathmudali, Wickremesinghe said their contributions to housing, the Mahaweli Development Programme and the Mahapola scholarship scheme formed part of the broader transformation initiated under Jayewardene.

He said activities to mark the UNP’s 80th anniversary were now under way and invited SJB members to join in continuing Jayewardene’s legacy.

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Vehicle prices drop by up to Rs. 1 mn, says importers’ body

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Vehicle prices in the local market have declined considerably, with prices of some small vehicles falling by at least Rs. 1 million, Vehicle Importers Association of Lanka (VIAL) Chairman Indika Sampath Merenchige said.

Speaking to the media, Merenchige said the current market situation provided an opportunity for those planning to purchase vehicles to reserve them, as prices could decline further.

He said many traders were currently selling vehicles at a loss, while the downward trend in prices was expected to continue depending on market conditions.

“People who are planning to buy vehicles should consider reserving them at this stage,” he said.

However, Merenchige said vehicle prices could increase once the market stabilised.

He said prices of several popular models, including the Toyota Yaris, Toyota Raize, Honda Vezel, Suzuki Wagon R, Daihatsu Mira and Suzuki vans, had fallen by between Rs. 400,000 and Rs. 1 million.

Rejecting recent claims by the Ceylon Motor Traders’ Association (CMTA), Merenchige said any alleged loss of Government revenue was attributable to the importation of brand-new vehicles.

The CMTA had claimed that the Government could lose between Rs. 100 billion and Rs. 120 billion in revenue in 2026 due to a tax loophole allegedly being exploited by used-vehicle importers. It had also claimed that the Government had lost around Rs. 40 billion in 2025 and a further Rs. 54 billion between January and July this year.

Merenchige explained the impact of brand-new vehicle imports on Government revenue, referring to provisions contained in a 2016 Gazette notification. He urged the authorities not to be misled by what he described as inaccurate claims.

He said the shortage of vehicles caused by the five-year restriction on vehicle imports had now largely been addressed, although more vehicles were still needed to meet the remaining market demand.

However, he claimed that vehicle imports had subsequently exceeded actual market requirements, contributing to the decline in prices.

Merenchige also attributed part of the recent price reduction to the surcharge imposed by the Government, saying it had contributed to the downward movement in vehicle prices.

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