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SC grants leave to proceed to petitions challenging de-radicalisation regulations

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By AJA Abeynayake

The Supreme Court last Wednesday granted leave to proceed in a fundamental rights petition challenging the constitutionality of regulations made under the Prevention of Terrorism Act (PTA) for the de-radicalisation of persons holding extremist religious ideologies. Three petitions were filed challenging the regulations, by the Executive Director of the Centre for Policy Alternatives Dr. Paikiasothy Saravanamuttu, activist Shreen Saroor and a former Commissioner of the Human Rights Commission of Sri Lanka Ambika Satkunanathan. The SC also issued an interim order stopping the operation of the regulations until the conclusion of the case.

Considering the petitions, the Supreme Court granted leave to proceed with them under Article 10, 12(1) and 13 of the constitution. A Supreme Court three-judge-bench comprising Justice Murdhu Fernando, Justice Yasantha Kodagoda and Justice Shiran Goonaratne made the order.

The petitioners also want the court to declare that Deradicalization Regulations leaves room for the “continuous or imminent infringement of fundamental rights guaranteed to surrendees, arrestees or detainees under the constitution.”

The Petitioners claim that the President had ordered the formulation of these regulations, titled Prevention of Terrorism (De-radicalization from holding violent extremist religious ideology) Regulations No. 01 of 2021, under Section 27 of the Prevention of Terrorism (Temporary Provisions) Act, No. 48 of 1979 (PTA).

The petitioners claimed those arrested under these Regulations could be subjected to “executive or administrative detention camouflaged as rehabilitation, without proper judicial evaluation of the evidence against the individuals arrested, surrendees or detainees.”

They petitioners also said those Regulations were not compatible with the fundamental rights, international human rights norms, etc. Petitioners added that those Regulations needed to be approved by the Parliament to be implemented. However, that has not been done to their knowledge.

Senior Counsel Viran Corea with Bhavani Fernando, Luwie Ganeshathasan and Thilini Vidanagamage appeared for CPA. Counsel Suren Fernando with K. Wikramanayake appeared for Shreen Saroor and Pulasthi Hewamanna with H. Jayawardena appeared for Ambika Satkunanathan.

The relevant regulations were published in the gazette in March 2021. The case will be next taken up on Aug 24.



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Energy Minister indicted on corruption charges ahead of no-faith motion against him

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Jayakody

… first NPPer to face charges under Section 70 of Bribery Act

Colombo High Court has issued summons on Energy Minister Kumara Jayakody to appear in court today (27) to serve indictment in a corruption case filed by the Commission to Investigate Allegations of Bribery or Corruption (CIABOC). Action has been taken under Section 70 of the Bribery Act. The losses suffered by the government have been estimated at Rs. 8,859,708.

National List (NL) MP Jayakody is the first NPP minister or politician at any level to be indicted for corruption. The NPP parliamentary group consists of 159 including 18 NL members.

The summons has been issued by High Court judge Rashantha Godawalage.

Although CIABOC previously in many instances arrested those who had been under investigation and produced them before Magistrate courts, Minister Jayakody has been directly summoned by the Colombo High Court.

The investigation into alleged corruption in procurement during the time Jayakody served the Ceylon Fertilizer Corporation (CFC) started after the change of government in 2015.

According to the CIABOC investigation, the alleged instance of corruption took place in early 2014 towards the tail end of Mahinda Rajapaksa’s second term. At that time Jayakody was CFC’s Procurement Manager, and the CIABOC dragged the investigation until its current leadership under overall speeding up of the cases recently completed the inquiry.

Parliament recently announced that the debate on no-faith motion moved against Minister Jayakody over alleged irregularities in the procurement of substandard coal for the country’s only coal-fired power station at Norochcholai.

SJB MP Mujibur Rahman said that the NPP, having campaigned on an anti-corruption platform during presidential and parliamentary polls in 2025 couldn’t under any circumstances shield minister Jayakody. The indictment of Jayakody over a corruption case that had happened in 2014 and the failure on his part to fulfill obligations as Energy Minister under the current dispensation couldn’t be considered separately, the Colombo District MP said.

The issue at hand is whether the NPP would try to protect Jayakody at the expense of the government, MP Rahman said. Once the NPPer is formally charged in a corruption case the government would find it extremely difficult to keep him in the cabinet, the former UNPer said.

SJB lawmaker S.M. Marrikar recently warned Minister Jayakody that he should be prepared to serve a jail term. The warning was issued at a media briefing that primarily dealt with the alleged irregularities in the procurement of coal and their decision to move a no-faith motion against the minister. Marrikar explained how the crisis coupled with the growing diesel shortage could compel the government to increase electricity tariffs by as much as 18 percent next week. MP Marikkar said that they were eagerly waiting to see who backs Jayakody at the expense of the government during the upcoming  vote on the no-faith motion.

There had been a previous case of a sitting minister being charged under the Bribery Act in respect of corruption perpetrated as a government servant. MP Rahman said that they intended to intensify the ongoing campaign against the government on the strength of the unprecedented corruption case and the outcome of the no-faith motion. “Of course, they have the numbers to defeat our no-faith motion. But, in doing so, they end up with egg on their face. That is the reality,” Rahman said, adding that those responsible for waste, corruption and irregularities whichever political parties they represented shouldn’t expect special status.

MP Rahman alleged that the CIABOC granted special status to Minister Jayakody. All those who had been indicted previously were first called to the CIABOC, recorded their statements and then arrested, handcuffed and produced in court. The media was afforded the opportunity to cover their humiliation, MP Rahman said, but in this case the powers that be paved the way for the accused to receive indictments directly from the Colombo High Court.

“Let us see whether the Bar Association of Sri Lanka responds to this development,” MP Rahman said.

By Shamindra Ferdinando

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Over 1000 complaints of misuse of  QR quotas

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The Ministry of Digital Economy says it has received more than 1,000 complaints of fraudulent activities involving the misuse of QR-based fuel quota system.

Ministry Secretary Waruna Sri Dhanapala said investigations had been launched in coordination with the Police, noting that over 150 complaints had already been referred for further action, leading to several arrests.

He added, however, that a number of complaints stemmed from instances where individuals had used others’ QR codes due to a lack of awareness.

Police are also examining security camera footage at fuel stations to identify suspects linked to such incidents, the Secretary said.

by Pradeep Prasanna Samarakoon

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Fuel bowser operators demand 25% hike in haulage charges

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The Lanka Petroleum Private Tanker Owners’ Association has called for a 25% increase in fuel transportation charges, citing rising operational costs following recent fuel price hikes.

Addressing a media briefing in Colombo on Wednesday (25), Co-Secretary Shantha Silva said the association has formally notified the government of its proposal, warning that failure to respond favourably could result in trade union action.

Association President A.M.H. Adhikari said that fuel distribution had continued without interruption despite mounting challenges, but recent price increases have placed a significant burden on tanker operators.

“Fuel prices have risen by Rs. 101 within this month alone, creating serious difficulties for those engaged in distribution, particularly in outstation deliveries,” he said.

Adhikari added that the association’s Executive Committee has unanimously decided to seek a 25% increase in transportation charges for long-distance distribution, with effect from the 21st, expressing hope that the government would respond positively to avoid further disruptions.

by Chaminda Silva

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