News
Several provisions of Bill inconsistent with Constitution
The Supreme Court had determined that the Colombo Port City Commission Bill could become law if several provisions therein inconsistent with the Constitution were changed, Parliament was told yesterday.
Speaker Mahinda Yapa Abeywardena, announcing the decision of the Supreme Court, said that the Court had determined that certain provisions of the Bill were not consistent with the Constitution. Those inconsistencies could be rectified as per the directions of the Court. Otherwise, the provisions at issue had to be passed by a special majority in Parliament and approved by the people at a referendum, he added.
The Speaker’s announcement in Parliament: “I wish to inform the Parliament that I have received the Determination of the Supreme Court in respect of the Bill entitled ” Colombo Port City Economic Commission” which was challenged in the Supreme Court in terms of Article 121 (1) of the constitution.
The determination of the Supreme Court as to the constitutionality of the bill entitled ‘Colombo Port City Economic Commission’ is as follows:
01. The provisions of clauses 3(6), 30 (3) second proviso, 55(2) and 58 (1) of the bill are inconsistent with Article 12 (1) of the constitution and could be validly passed only with the Special Majority provided for in Article 84 (2) of the constitution.
However, the said inconsistencies will cease if the clauses are amended as mentioned in the determination of the Supreme Court.
02. The provisions of clauses 3 (5) proviso, 3 (7), 6 (1) (b), 30 (3) first proviso, 71 (1), and 74 (Interpretation ‘Regulatory Authority”) of the bill are inconsistent with Article 12 (1) of the constitution and could be validly passed only with the Special Majority provided for in Article 84 (2) of the constitution.
However, the said inconsistencies will cease if the clauses are amended as mentioned in the determination of the Supreme Court.
03. The provisions of clauses 3 (4), 6 (1) (u), 68 (1) (f) and 68 )3) are inconsistent with Article 76 read with Articles 3 and 4 of the constitution and could be validly passed only with the Special Majority provided for in Article 84 (2) of the constitution and approved by the People at a Referendum by virtue of the provisions of Article 83.
However, the said inconsistencies will cease if the clauses are amended as mentioned in the determination of the Supreme Court.
04. The provisions of Clause 52 (3) read with clauses 52 (5) and 71 (2) (p) of the bill are inconsistent with Article 148 of the constitution and could be validly passed only with the Special Majority provided for in Article 84 (2) of the constitution and approved by the People at a Referendum by virtue of the provisions of Article 83.
However, the said inconsistencies will cease if the clauses are amended as mentioned in the determination of the Supreme Court.
05. The provisions of Clauses 30 (1), 33 (1), 40 (2), and 71 (2) (l) of the bill are inconsistent with Article 14 (1) (h) of the constitution and could be validly passed only with the Special Majority provided for in Article 84 (2) of the constitution.
However, the said inconsistencies will cease if the clauses are amended as mentioned in the determination of the Supreme Court.
06. The provisions of clauses 53 (2) (b) read with clause 53 (3) (b) of the bill are inconsistent with Article 76 of the constitution read with Articles 3 and 4 of the constitutions and could be validly passed only with the Special Majority provided for in Article 84 (2) of the constitution and approved by the People at a Referendum by virtue of the provisions of Article 83.
However, the said inconsistencies will cease if the clauses are amended as mentioned in the determination of the Supreme Court.
07. The provisions of clauses 60 (c) and clause 60 (f) of the bill are inconsistent with Article 148 of the constitution and could be validly passed only with the Special Majority provided for in Article 84 (2).
However, the said inconsistencies will cease if the clauses are amended as mentioned in the determination of the Supreme Court.
08. The provisions of clause 37 of the bill is inconsistent with Article 12 (1) and 14 (1) (g) of the constitution and could be validly passed only with the Special Majority provided for in Article 84 (2).
However, the said inconsistency will cease if a new sub-clause is added to clause 37 of the bill restraining such authorized person making use of any exemptions or incentives granted under this bill when conducting business outside the area of authority of the Colombo Port City to the detriment of similar businesses conducted outside such area of authority by within the territory of Sri Lanka. The Supreme Court had determined that the rest of the clauses of the bill are not inconsistent with the constitution.
News
Govt. assures UN of readiness to introduce ‘vetting process’ for troops on overseas missions
Defence Secretary (retd.) Air Marshal Sampath Thuyakontha has discussed with UN officials in New York the deployment of Sri Lankan troops in Haiti, under a new UN authorised force, tasked with tackling heavily armed gangs operating in the violence ravaged country.
The UN is in the process of building up a force comprising approximately 5,500 officers and men for deployment in Haiti.
The Sri Lankan delegation included Sri Lanka’s Permanent Representative to the UN, former Chief Justice Jayantha Jayasuriya. The UN has tagged the deployment Gang Suppression Force (GSF).
According to the Defence Ministry, Sri Lanka negotiated a Memorandum of Understanding (MoU) regarding the GSF. Although Sri Lanka has contributed to UN-led missions, the proposed deployment differed due to the nature of the operation, sources told The Island.
The delegation has assured that all personnel, assigned for UN missions, including the proposed GSF deployment in Haiti, would be subjected to a comprehensive screening process, in line with UN standards. War-winning Sri Lanka has declared, in New York, that the country was in the process of developing, what the Defence Ministry here called, National Human Rights Vetting Mechanism in consultation with the UN Resident Coordinator in Colombo.
The US has backed the deployment of Sri Lankan troops under UN command. Various interested parties, over the years, protested against the deployment of Sri Lankan troops on the basis of unsubstantiated war crimes allegations.
Thuyakontha has assured that troops would maintain highest standards of discipline during overseas missions. Sri Lanka brought the war here to a successful conclusion in May 2009 against predictions of contrary outcome by so-called experts.
The US and Panama proposed the GSF to replace a Kenya-led multinational force undermined by a lack of funding. Its strength hovered around 1,000, rather than the desired 2,500. The U.N. Security Council authorised the 5,500 strong force on September 30, 2025, with the new power to arrest gang members.
By Shamindra Ferdinando
News
Lawyers cannot be denied right to represent a suspect – Udaya
Sallay’s case:
Attorney-at-law Udaya Gammanpila yesterday (27) said a lawyer could not be deprived of his or her right to represent a client.
The former Minister and leader of Pivuthuru Hela Urumaya (PHU) Gammanpila said so addressing the media at the party headoffice at Pita Kotte. Gammanpila was responding to recent media reports that he had been prohibited from representing retired State Intelligence Service (SIS) Chief Maj. Gen. Suresh Sallay. Therefore, there was absolutely no basis for claims that he had been barred from meeting the retired officer, now named the third suspect in the Easter Sunday case, the ex-parliamentarian said.
Gammanpila emphasised that in terms of the Constitution a suspect’s right to be represented by a lawyer was recognised as a fundamental right. The Criminal procedure Code, too, guaranteed the suspect’s right to consult a lawyer, the ex-lawmaker said, pointing out that the Judicial Organisation Act underscored the same.
Declaring that the retired officer’s wife had named him as Sallay’s lawyer in a letter addressed to Director, CID, Gammanpila said that the courts, police and the Attorney General’s Department couldn’t under any circumstances interfere with his right to represent Sallay.
The CID arrested Sallay on 25 February and detained him under Prevention of Terrorism Act (PTA) for a period of 90 days. Sallay has filed a writ petition before the Court of Appeal through his lawyers, challenging his arrest and detention by the CID under the PTA.
Former Minister Gammanpila said that even if a Magistrate had the power to prohibit a lawyer from representing a particular suspect, such a course of action couldn’t be resorted to without giving the lawyer concern an opportunity to explain his/her actions.
Declaring that in case of misconduct on the part of a lawyer only the Supreme Court could take disciplinary action, the PHU leader said, adding that he sought a certified copy of the proceedings of the day when a section of the media reported the Magistrate’s declaration of the purported ban. Gammapila said that he was really keen to know what happened during the proceedings on that day.
Sallay served as Director, Directorate of Military Intelligence (DMI) from 2012 to 2016 and received the appointment as head of SIS following the 2019 presidential election. Sallay held that appointment till early October, 2024.
Gammanpila said that he couldn’t be barred for speaking to the media after meeting Sallay, currently held under PTA, or for authoring a book on the 2019 Easter Sunday carnage. According to Gammanpila as long as the suspect had no objections to his lawyer sharing some information with the media it shouldn’t be an issue for Additional Solicitor General Dileepa Peiris.
By Shamindra Ferdinando
News
Police seek Interpol help to probe monks nabbed with narcotics at BIA
Police investigating the thwarted a bid made by 22 Buddhist monks to smuggle in narcotics, with a street value of Rs 660 mn via BIA, from Thailand, over the weekend, believe the monks who organised the clandestine operation had sent groups of monks to Thailand before.
Sources said that they had brought in narcotics on earlier occasions.
Police have seized the mobile phones used by the suspects and sought INTERPOL assistance.
Earlier, the Negombo Magistrate’s Court remanded those 22 monks, arrested in connection with the largest drug bust in the airport’s history.
The monks were produced before the Negombo Magistrate’s Court and ordered to be held in custody until 02 May, as investigations continue into the alleged smuggling operation and any wider networks involved.
However, other sources said that more than 110 kilogrammes of suspected Kush and Hashish, with an estimated street value exceeding Rs 1.1 billion, had been found, concealed in false-bottoms of their suitcases. The bags reportedly packed with school supplies and sweets are said to have contained over five kilogrammes of narcotics per individual.
The arrests followed a raid by the Police Narcotics Bureau on Saturday night. Investigators have also recovered mobile phone evidence indicating that the group had travelled to Bangkok on 22 April using airline tickets allegedly given by a sponsor. Authorities allege that the suspects were photographed in civilian clothing, while overseas, engaging in activities deemed suspicious.
Police say this marks the first reported instance of a large-scale narcotics operation via the airport involving Buddhist monks. The suspects are young monks from different parts of the country.
By Norman Palihawadana
-
News5 days agoLanka faces crisis of conscience over fate of animals: Call for compassion, law reform, and ethical responsibility
-
News4 days agoWhistleblowers ask Treasury Chief to resign over theft of USD 2.5 mn
-
News4 days agoNo cyber hack: Fintech expert exposes shocking legacy flaws that led to $2.5 million theft
-
News1 day agoBIA drug bust: 25 monks including three masterminds arrested
-
Business2 days agoNestlé Lanka Announces Change in Leadership
-
News1 day agoBanks alert customers to phishing attacks
-
News5 days agoUSD 2 mn bribe: CID ordered to arrest Shasheendra R, warrant issued against ex-SriLankan CEO’s wife
-
News2 days agoHackers steal $3.2 Mn from Finance Ministry
