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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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India gifts 134 cabs to Sri Lanka Police

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A consignment of 134 single cabs gifted  by the Government of India under the Indo–Sri Lanka Friendship Programme for the use of the Sri Lanka Police was officially handed over to President Anura Kumara Dissanayake on Monday (25) morning  at the Presidential Secretariat.

The Government of India has incurred an expenditure of approximately LKR.300 million for this initiative and the vehicles are scheduled to be distributed among police stations in the Northern Province.

Speaking at the occasion, Indian High Commissioner Santosh Jha stated that similar assistance would continue to be extended to Sri Lanka in the future.

In appreciation of this gift by the Government of India, Inspector General of Police Priyantha Weerasooriya presented a commemorative memento to Indian High Commissioner Santosh Jha.

Minister of Public Security and Parliamentary Affairs, Ananda Wijepala, Deputy Minister of Public Security and Parliamentary Affairs, Sunil Watagala, Secretary to the Ministry of Public Security Ravi Seneviratne, General Manager of DIMO Rajeev Pandithage, officials of the Indian High Commission and senior officers of the Sri Lanka Police were also present at the occasion.

(PMD)

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Landslide Early Warnings issued to the Districts of Colombo, Gampaha, Kalutara, Kegalle, Nuwara Eliya and Ratnapura extended till 1600 hrs on Tuesday [26]

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The National Building Reasearch Organisation [NBRO] has extended the landslide early warnings issued to the districts of Colombo, Gampaha, Kalutara, Kegalle, Nuwara Eliya and Ratnapura till 1600 hrs on Tuesday 26th May 2026.

Accordingly,
The LEVEL II [AMBER] landslide early warnings issued to the Divisional Secretaries Divisions and surrounding areas of Dehiowita, Deraniyagala, Ruwanwella and Yatiyanthota in the Kegalle district and Kuruwita, Ratnapura, Ayagama and Eheliyagoda in the Ratnapura district and 

The LEVEL I [YELLOW] landslide early warnings issued to the Divisional Secretaries Divisions and surrounding areas of Seethawaka and Padukka in the Colombo district, Attanagalla in the Gampaha district, Palindanuwara, Mathugama, Bulathsinhala, Agalawatta, Ingiriya and Horana  in the Kalutara district, Bulathkohupitiya in the Kegalle district, Ambagamuwa in the Nuwara Eliya district and Kiriella, Pelmadulla, Nivithigala, Elapatha and Kalawana in the Ratnapura district have been extended.

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No PC polls this year, says Tilvin

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Tilvin

The much-delayed Provincial Council (PC) elections cannot be held this year due to financial and legal constraints, JVP General Secretary Tilvin Silva has said in Jaffna.Silva said so, fielding questions from journalists after the opening of the NPP coordination office in the Jaffna District on Saturday.

When asked whether the government was under Indian pressure to conduct the Provincial Council elections soon, Silva answered in the negative, claiming that Sri Lankan and Indian governments maintained close and friendly relations with a strong level of understanding.

He said budgetary allocations had been made for the PC elections, but the government had been compelled to divert resources for disaster relief following the impact of Cyclone Ditwah. According to Silva, nearly Rs. 500 billion had to be allocated for relief measures, making it difficult to hold the elections this year. He further said legal complications in the electoral reform process had also contributed to the delay in holding the PC elections, noting that a parliamentary committee had been appointed to determine the electoral systems under which the PC polls should be conducted. Once the committee submitted its report and if no further issues arose, the elections could possibly be held next year, he said.

Silva also said the government had taken measures to strengthen reconciliation and development in the North by releasing lands previously occupied by military camps and improving road infrastructure.He added that empowerment initiatives were being implemented under the Praja Shakthi programme and that both Sri Lanka and India were continuing to work in close cooperation.

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