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National Shoora Council urges draft amendments to MMDA to be placed before Muslim civil organisations prior to Cabinet approval

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The National Shoora Council (NSC) has urged the Minister of Justice to place the proposed draft amendments to the Muslim Marriage and Divorce Act (MMDA) for the consideration of Muslim civil society organisations including the NSC before placing the proposed amendments for the consideration of the Cabinet. The following is the full text of the letter addressed to Justice Minister Dr. Wijeyadasa Rajapakshe by NSC President T.K. Azoor Attorney at Law and Secretary Rashid M. Imtiaz Attorney at Law.

The National Shoora Council (NSC) wishes to welcome your initiatives to amend the MMDA, a matter pending for a considerable period of time.

The NSC understands that a draft amendment to the MMDA is pending to be placed before the Cabinet of Ministers. However we wish to request that the proposed draft amendments be made available for the consideration of the Muslim civil society organisations including the NSC, before being presented for the approval of the Cabinet, because the MMDA is a personal law applicable to the Muslim community of Sri Lanka and obtaining the community’s concurrence to the final draft would be the most democratic and transparent process of amending the law. The NSC is constrained to make this request in the light of certain amendments in the draft said to be based on a recently State appointed Committee comprising of a Chairperson holding office in the State and whose report has not been released to the Muslim community.

In any event, international treaties which form a part of the international law have adequate provisions which protect the human rights of minority communities to live according to their religions, culture and customs without interferes particularly from the State. Examples are Article 27 of the ICCPR and Article 1 of the Declaration on the Rights of Persons Belonging to National, or Ethnic, Religious and Linguistic Minorities.  Sri Lanka’s constitutional provisions such as Article 10 read with Articles 9 and 4(d) and Articles 14(1)(e) and (f) as well as Article 27(15), protect these rights and have mandated the State and all the organs of Government to “respect, secure and advance” these rights of the minority communities.

The Superior Courts of Sri Lanka have also held that changes to the personal laws of the communities must be with the concurrence of the particular community. The NSC wishes to assure you its fullest cooperation in this regard.



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PSTA worse than PTA: FSP

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The Frontline Socialist Party (FSP) yesterday accused the government of seeking to use the proposed Protection of the State from Terrorism Act (PSTA) to suppress popular political activity, claiming that some of its provisions were more repressive than those of the Prevention of Terrorism Act (PTA).

FSP Education Secretary Pubudu Jayagoda told a media briefing, in Nugegoda, that the definition of terrorism in the Bill was so broad that it could be used to label almost any form of popular political activity as terrorism.

He said the Bill’s approach to defining terrorism was based largely on attempts to compel a government, or an international organisation, to do, or refrain from doing something, rather than on internationally recognised criteria, such as killings, causing serious bodily harm, kidnapping or acts intended to spread terror among the public.

Jayagoda also alleged that the Bill transferred substantial powers from the judiciary to the executive, while extending powers of arrest, investigation and detention to the armed forces, in addition to the police.

He claimed that the government had sought to portray the Bill as a replacement for the PTA while retaining or introducing provisions that could facilitate political victimisation and repression.

The FSP also questioned the government’s decision to proceed with the Bill, despite having previously sought public views on an earlier draft.

Jayagoda said a draft had been published earlier this year, with the period for public submissions ending on February 28, but the Bill subsequently gazetted was essentially the same draft with some provisions rearranged.

Jayagoda also referred to a letter reportedly sent by Attorney-at-Law Saliya Peiris, a member of a Committee, chaired by President’s Counsel Rienzie Arsecularatne, that had been appointed to draft the legislation. He said Peiris had stated, in the October 06 letter, that changes had been made to the draft prepared by the Committee.

“This means that even the Committee, appointed to prepare the Bill, was a deception,” Jayagoda alleged.

He said that the PSTA was fundamentally similar to the Anti-Terrorism Bill introduced by the previous government, in 2023, which the National People’s Power (NPP) opposed and challenged in court.

“If the NPP opposed that Bill then and is now bringing the same legislation before Parliament, the government must explain its position,” he said.

Jayagoda called on NPP MPs to oppose the PSTA in Parliament and urged trade unions and other groups to build a broad public movement against the legislation.

He challenged the government to an open debate on the Bill.

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Shiranthi R remanded until 13 Oct.

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Former First Lady Shiranthi Rajapaksa was yesterday remanded until 13 October after being produced before the Colombo Magistrate’s Court following her arrest by the Commission to Investigate Allegations of Bribery or Corruption (CIABOC).

Shiranthi, wife of former President Mahinda Rajapaksa, was arrested at her residence on Poorwarama Road, Kirulapone, after CIABOC officers recorded a statement from her for nearly two hours.

According to the CIABOC, the arrest was made over allegations that Rs. 10 million obtained from the National Savings Bank through the Siriliya Saviya organisation was misappropriated.

The money was allegedly obtained to provide a Computed Tomography (CT) scanner to the children’s hospital. Investigators allege that the scanner was not provided and that the funds were instead unlawfully used.

CIABOC is investigating alleged offences under the Public Property Act and corruption-related provisions in connection with the transaction and other financial activities involving Siriliya Saviya, which was headed by Rajapaksa.

Rajapaksa returned to Sri Lanka on Monday night on a flight from Malaysia after travelling overseas for medical treatment. She left for Singapore on 16 September after being admitted to a private hospital in Colombo on 15 September following an illness.

She had been due to appear before the Financial Crimes Investigation Division (FCID) on 13 October in connection with its investigation into the financial affairs of Siriliya Saviya.

Meanwhile, her lawyers filed an anticipatory bail application before the Maligakanda Magistrate’s Court on Monday, seeking an order preventing her arrest in connection with the FCID investigation.

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Former NSB Chairman Kariyawasam granted bail

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Former National Savings Bank (NSB) Chairman Pradeep Kariyawasam was yesterday granted bail by the Colombo Magistrate’s Court following his arrest by the Commission to Investigate Allegations of Bribery or Corruption (CIABOC).

Kariyawasam, husband of former Chief Justice Shirani Bandaranayake, was arrested in connection with the Bribery Commission’s investigation into the ‘Siriliya Saviya’ account linked to former First Lady Shiranthi Rajapaksa.

The investigation concerns financial activities involving the Siriliya Saviya initiative, which was headed by Rajapaksa, wife of former President Mahinda Rajapaksa.

CIABOC is continuing investigations into the alleged financial irregularities relating to the account.

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