News
Some provisions in 22A needs public approval at referendum – SC
Top Court holds some provisions in Clause 2 of the proposed Amendment is in violation of Article 3 of the Constitution
Speaker Mahinda Yapa Abeywardena informed Parliament, yesterday, that the Supreme Court (SC) had determined that the draft bill for the 22nd Amendment to the Constitution contained certain provisions that required people’s approval at a referendum and a two thirds majority in Parliament to become law.
The SC has determined that Clause 2 of the Bill is in violation of the Article 3 of the Constitution, which ensures sovereignty of the people.
The SC has pointed out that the Bill could only be passed in Parliament, with a simple majority by amending the questionable sections.
Full text of the announcement of the Supreme Court decision by the Speaker: “I wish to announce to Parliament that I have received the Determination of the Supreme Court in respect of the Bill entitled “Twenty Second Amendment to the Constitution” which was challenged in the Supreme Court in terms of Article 121(1) of the Constitution.
On an overall consideration of the provisions of the Bill, the Supreme Court has made the following Determination:-
1. The Supreme Court states that the Bill complies with the provisions of the Article 82(1) of the Constitution and requires it to be passed by the special majority specified in Article 82(5) of the Constitution.
2. Clause 2 of the Bill contains provisions inconsistent with Article 3 read together with Article 4(b) of the Constitution and as such may be enacted only by the special majority required by Article 82(5) and upon being approved by the People at a Referendum by virtue of Article 83. However, the necessity for a Referendum shall cease if the proposed Articles 41A(6) and 41B(4) in Clause 2 are suitably amended to remove the deeming provision set out therein.
3. Clause 3 of the Bill contains provisions inconsistent with Article 3 read together with Article 4(b) of the Constitution and as such may be enacted only by the special majority required by Article 82(5) and upon being approved by the People at a Referendum by virtue of Article 83.
However, the necessity for a Referendum shall cease:
(a) if the proposed Article 44(2), the proviso to Article 44(3), Articles 45(1), 46(1), 47(3)(a), 48(3) and 50 in Clause 3 are suitably amended by deleting the reference to the President acting on the advice of the Prime Minister and replacing instead with the President acting in consultation with the Prime Minister;
(b) if the provisions of Article 47(2)(a) are restored in the proposed Article 47(2) in Clause 3.
I order that the Determination of the Supreme Court be printed in the Official Report of today’s proceedings of the House.”
News
Prison rules to be revised over monks’ attire
Appointment of committee eyewash, says UNP
The government is considering changes to prison regulations pertaining to the treatment of Buddhist monks serving jail terms, including their right to wear monastic robes when taken outside prison.
Justice and National Integration Minister Harshana Nanayakkara announced the proposed changes yesterday (14) following the submission of an interim report by a committee appointed to review the rules and procedures governing prisons.
The report was handed over to Secretary to the President Dr Nandika Sanath Kumanayake at the Presidential Secretariat.
One of the key recommendations is to amend Prison Standing Order 356 by introducing a new provision, 356(A). The proposed revision would require prison authorities to consult the Department of Buddhist Affairs on the removal of a monk’s robes upon admission to prison. The Commissioner of Prisons would be allowed 10 days to notify the department and take the necessary steps.
A separate amendment to Departmental Order 550 would allow Buddhist monks to wear their robes whenever they are taken outside prison, unless their respective Nikaya formally requests that the privilege be withdrawn.
The committee has also recommended extending similar arrangements, with suitable modifications, to members of other religious clergy who are imprisoned.
The proposals follow concerns raised over the treatment of Ven. Galagoda Aththe Gnanasara Thera after he was taken into custody. President Anura Kumara Dissanayake subsequently held discussions with representatives of the three main Buddhist Nikayas and appointed the committee to examine the existing legal framework.
Nanayakkara said the interim report had been forwarded to the Acting Commissioner General of Prisons, along with instructions to revise the relevant standing orders in accordance with its recommendations.
The proposed amendments have yet to be confirmed as formally implemented.
Meanwhile, the UNP yesterday criticised the government’s decision to appoint a committee to make recommendations on the attire to be worn by imprisoned Buddhist monks and other religious leaders when taken outside prison, describing the move as unnecessary.
In a statement issued yesterday (14), the UNP said the procedures governing the matter were already clearly set out in the Department of Prisons’ Standing Orders, making the appointment of a separate committee unwarranted.
The party cited remarks by Professor G.L. Peiris, Convenor of the Janathawadi Joint Opposition, who had described the committee’s appointment as a
“complete eyewash” and questioned the need for such a move.
Referring to Standing Order 550 of the Prisons Department, the UNP said convicted prisoners appearing before court for legal proceedings should not be required to wear prison uniforms.
It further stated that the regulations allowed prisoners to wear civilian clothing consistent with what they wore before imprisonment, including attire appropriate to their cultural and religious backgrounds.
The UNP accused the government of unnecessarily prolonging the issue by appointing a committee, despite the existence of regulations governing prisoners’ attire.
The party also called on the government to seek forgiveness from the Mahanayake Thera and the Sangha Council of the Kotte Sri Kalyani Samagri Dharma Maha Sangha Sabha of the Siyam Maha Nikaya over the decision concerning the religious attire of Ven. Galagoda Aththe Gnanasara Thera.
News
AC President recuses himself from hearing prison attire case pertaining to Gnanasara Thera
Court of Appeal President Justice Rohantha Abeysuriya yesterday withdrew from the bench hearing petitions challenging the decision by prison authorities to require Ven. Galagoda Aththe Gnanasara Thera to wear prison attire following his imprisonment.
The decision was announced when the petitions seeking to invalidate the prison authorities’ decision were taken up for consideration on October 14.
Following his withdrawal, a three-judge bench was appointed to hear the petitions.
The petitions relate to the prison authorities’ decision to require Gnanasara Thera to wear prison attire after he was taken into custody to serve the remainder of his sentence for contempt of court.
In September this year, the Supreme Court annulled the presidential pardon granted to Gnanasara Thera by former President Maithripala Sirisena in May 2019.
Following the ruling, the Court of Appeal directed the Commissioner General of Prisons to take the necessary steps to enforce the remainder of the monk’s prison sentence.
Gnanasara Thera had originally been sentenced to six years’ imprisonment for contempt of court but had served only around nine months before receiving the presidential pardon in 2019.
News
Court orders steps to obtain INTERPOL Red Notice against Basil
The Fort Magistrate’s Court yesterday issued an arrest warrant for former Minister Basil Rajapaksa over the alleged misuse of funds belonging to the Sri Lanka Tourism Promotion Bureau during the 2014 Uva Provincial Council election.
The Magistrate also directed the CID Illegal Assets Investigation Division to take necessary steps to obtain a Red Notice through Interpol.
The orders were issued following submissions made by the CID in connection with the alleged financial irregularities.
The CID’s Illegal Assets Investigation Unit informed the court that Rs. 7.8 million allocated to the Sri Lanka Tourism Promotion Bureau in 2014 had allegedly not been used for the Bureau’s promotional activities.
Instead, the funds had allegedly been used to provide 12,000 T-shirts during the Uva Provincial Council election, causing a financial loss to the government, the CID told court.
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