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Opp. fears govt. discarding SC recommendations on ‘Anti-Terrorism’ Bill

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Prof. G. L. Peiris

Prof. Peiris highlights need for ex post facto judicial review

By Shamindra Ferdinando

Former External Affairs Minister Prof. G. L. Peiris, MP, said that Speaker Mahinda Yapa Abeywardena’s refusal to accept that Supreme Court recommendations hadn’t been accommodated in ‘Online Safety Act No 09 of 2024’, would undermine their faith in the committee stage of a particular Bill.

The dissident SLPP MP said so when The Island sought his opinion on the SC determination on the ‘Anti-Terrorism’ Bill.

Against the backdrop of the continuing controversy over the circumstances under which the Parliament enacted the ‘Online Safety Bill’, the Opposition was seriously concerned about the Wickremesinghe-Rajapaksa government adopting the same strategy in passing the ‘Anti-Terrorism’ Bill.

Prof. Peiris emphasised that the Speaker even ignored the Human Rights Commission advice that SC’s recommendations hadn’t been accommodated. The academic, who recently aligned himself with the SJB, said that the genuine Opposition shared his concerns.

Several parties challenged the ‘Anti-Terrorism’ Bill in the SC in terms of Article 121(1) of the Constitution. The determination of the SC as to the Constitutionality of the Bill concluded as—

(a) Clause 3, Clause 42, Clause 53, and Clause 70 of the Bill are inconsistent with Article 12(1) of the Constitution and required a special majority to be passed by Parliament.

(b) However, the SC stated that the said inconsistencies can be ceased if the said Clauses are amended as per the Determination of the Court.

(b) Clause 4 has to be suitably amended as per the Supreme Court Determination. Clause 72 (1) is unconstitutional and needs to be passed by a Special Majority and a Referendum. The unconstitutionality will cease if this Clause is amended as per the Determination of the Supreme Court.

(c) Correspondingly, Clause 72(2) must be amended in accordance with the Determination.

(d) Clause 75 (3) infringed the Article 4 (c) read with Article 3 of the Constitution and required 2/3 majority and a Referendum. The invalidity will cease 7 upon the amendments suggested in the Determination.

(f) Clause 83 (7) requires a special majority to be passed into law. It has to be suitably amended as per the Supreme Court Determination.

Further, the Supreme Court has determined that subject to the amendments that have adumbrated to the provisions of the Bill by the Supreme Court, the Bill could be enacted into law with a Simple Majority only if the amendments determined by the Supreme Court are introduced to the provisions.

Prof Peiris said that the crisis highlighted the need for ex post facto judicial review, for which there is at present no provision in Sri Lanka. The position is otherwise in countries like the USA and India where an Act of Parliament can be impugned, even after completion of the legislative process, on the ground of conflict with imperative provisions of the Constitution. Such provision existed in Sri Lanka prior to the First Republican Constitution of 1972.

The former minister said that in the draft Constitution Bill which he presented to Parliament on 3 August 2000 on behalf of the Government of President CBK, appropriate provision in this regard was included. “Unfortunately, the Constitution was burnt in the Chamber of Parliament. This gap in our law should be filled, in my view, when a comprehensive exercise in constitutional reform is undertaken by a new Administration after the conduct of national elections this year.”



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SLNS Sindurala arrives in Visakhapatnam for SLINEX 2026

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Sri Lanka Naval Ship (SLNS) Sindurala arrived at the port of Visakhapatnam in India on 17 September 2026, to participate in the bilateral naval exercise ‘SLINEX – 2026’.

The Indian Navy formally welcomed the SLN vessel upon its arrival, adhering to naval traditions.

The joint exercise will take place on 20 and 21 September in the seas off the east coast of India. On 18 September, the Commanding Officer SLNS Sindurala, Captain Sunanda Appuhamy, held official discussions with Commander Suraj Aiyappa, Commanding Officer Indian Naval Ship (INS) Kavaratti, aboard both vessels.

The annual exercise aims to enhance cooperation, interoperability, and professional exchange between the two navies. During the exercise, crew members from SLNS Sindurala will also participate in several professional and cultural exchanges organized by the Indian Navy.

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Advisory for strong winds and rough seas for Multi-day boats in the Bay of Bengal

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Navel and fishing communities engaging the activities over this sea area are advised to be vigilant

Advisory for strong winds and rough seas  for Multi-day boats in the Bay of Bengal deep sea areas
Issued by the Natural Hazards Early Warning Centre
Issued at 05.00 p.m. 18 September 2026, valid for the next 24 hours.

PLEASE BE AWARE!
The atmospheric disturbance to the North of the Andaman Islands in the Bay of Bengal, is likely to develop into a low pressure area within the next 24 hours.

Due to its influence, wind speed over the Bay of Bengal sea areas will increase during the next few days starting from
tomorrow (19th).

The wind speed in the sea areas marked under the “Advisory” category on the map below will increase to 55-65 kmph at times and those sea areas will be rough or very rough at times.

Navel and fishing communities engaging the activities over this sea area are advised to be vigilant and be attentive to the future forecasts and bulletins issued by the department of Meteorology in this regards.

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Some NPP manifesto promises may be difficult to fulfil – CIABOC DG

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Ranga Dissanayake (Director General CIABOC) at the BMICH on Wednesday

Text and Pic by Priyan de Silva

Director General of the Commission to Investigate Allegations of Bribery and Corruption (CIABOC) Ranga Dissanayake has questioned whether some promises contained in the National People’s Power (NPP) manifesto, A Thriving Nation – A Beautiful Life, could be fulfilled even if the government wanted to implement them.

Dissanayake raised the issue during a discussion following the release of the third biannual report on manifesto monitoring by the March 12 Movement, at the BMICH, on Wednesday.

He questioned whether the report had taken into account legal and institutional constraints affecting the implementation of certain pledges.

Citing the proposal to establish Anti-Corruption Investigation Offices in each district, Dissanayake said such offices could be established only with the agreement of CIABOC and that amendments to the Anti-Corruption Act would be necessary.

He also referred to the pledge to abolish the Executive Presidency, noting that successive governments had made similar commitments since 1994. He questioned whether there had been adequate consideration of where the powers vested in the Executive President would be transferred if the system were abolished.

On the proposal to establish a Public Prosecutor, Dissanayake questioned whether the Government intended to maintain the office alongside the Attorney General, who currently performs prosecution-related functions.

Executive Director of the Institute for Democratic Reforms and Electoral Studies (IRES) Manjula Gajanayake said Dissanayake’s remarks should be regarded as his personal views and not as Government policy.

Monitoring and Evaluation Consultants M. Thilakarajah and D.D. Mataharaarachchi presented the third-phase findings, covering January to June 2026.

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