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Speaker says courts have no jurisdiction as regards DDR resolution passed by Parliament

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By Saman Indrajith

Speaker Mahinda Abeywardena, giving a ruling on parliamentary privileges yesterday, said that courts had no jurisdiction to intervene in the domestic debt restructuring resolution that had been passed in Parliament.

Speaker Abeywardena said that no court established under the Constitution of Sri Lanka was empowered to issue orders or judgments of any nature against a resolution already passed by Parliament.

The Speaker gave this ruling in response to a privilege issue raised on Tuesday by Minister Harin Fernando, who requested the Speaker to deliver a ruling on whether the petitions already filed in court against the resolution on domestic debt restructuring was a violation of the privileges of MPs and the legislature itself.

The Speaker said:  “Article 4 (C) of the Constitution of the Democratic Socialist Republic of Sri Lanka provides that ‘the judicial power of the People shall be exercised by Parliament through courts, tribunals and institutions created and established, or recognized, by the Constitution, or created and established by law, except in regard to matters relating to the privileges, immunities and powers of Parliament and of its Members, wherein the judicial power of the People may be exercised directly by Parliament according to law.’

“I also emphasise that according to Article 148 of the Constitution Parliament shall have full control over public finance. No tax, rate or any other levy shall be imposed by any local authority or any other public authority, except by or under the authority of a law passed by Parliament or of any existing law.

“I wish to announce firstly, that the Cabinet of Ministers unanimously approved the Domestic Debt Optimization programme proposed by the Ministry of Finance, Economic Stabilization and National Policies at a special Cabinet meeting held on 28.06.2023. Afterwards the resolution for the implementation of the Domestic Debt Optimization to restore sovereign debt sustainability was approved by the Committee on Public Finance of the Parliament by a majority of Committee Members at the Committee meeting held on 30th June 2023.

“Thereafter as the subject matter contained in the said resolution is essentially a matter of public finance, the Resolution for the implementation of the Domestic Debt Optimization to restore sovereign debt sustainability, was passed by a majority vote in Parliament on the 01st of July 2023 with 122 Members voting in favor and 62 against.

“As the resolution for the implementation of the Domestic Debt Optimization to restore sovereign debt sustainability has now been passed by Parliament on 01.07.2023, the resolution is beyond the jurisdiction of the Supreme Court or any other court established under the 1978 Constitution of Sri Lanka and cannot be questioned and/or reviewed and/or challenged.

“The ruling given on 20th June 2001 by the Anura Bandaranaike, Speaker of Parliament held in unequivocal terms that Parliamentary proceedings cannot be called into question and/or interfered and/or intervened by the Courts and held that the Supreme Court had no jurisdiction to issue the interim orders restraining the Speaker of Parliament in respect of the steps he is empowered to take under Standing Order 78A; and the interim order of the Supreme Court is not binding and of no legal obligation to comply.

“Hence, no court established under the Constitution of Sri Lanka is empowered, to issue orders or judgments of any nature against a resolution, already passed by Parliament having followed the due Parliamentary process, and any such order or judgment of courts would amount to a violation of item 01 of Part B of Parliament (Powers & Privileges) Act, No. 21 of 1953 (As amended).”



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Courtesy call by the Heads of Mission- Designate on Prime Minister

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The heads of mission designate to Sri Lanka paid a courtesy call on Prime Minister Dr. Harini Amarasuriya on 26th of March at the Prime Minister’s office.

The delegation comprised Dharshana M. Perera, High Commissioner – designate of Sri Lanka to Malaysia, Ms. Dayani Mendis, Ambassador and PRUN – designate of Sri Lanka to Austria, Ms. N.I.D. Paranavitana, Ambassador – designate of Sri Lanka to Ethiopia & African Union, Prof. (Ms.) M.I. Fazeeha Azmi,Ambassador – designate of Sri Lanka to Iran,  Saman Kumara Chandrasiri, Ambassador – designate of Sri Lanka to Israel, and  M. Farook M. Fawzer, Representative – designate of Sri Lanka to Palestine.

The Prime Minister, Dr. Harini Amarasuriya, extended her best wishes to the Heads of Mission–designate and underscored the importance of their forthcoming assignments in advancing Sri Lanka’s national interests emphasizing their collective role in contributing towards the socio-economic upliftment of Sri Lanka.

The Prime Minister further highlighted the importance of projecting a positive and credible image of Sri Lanka internationally, through consistent, professional, and strategic engagement in their respective host countries and multilateral platforms.

She encouraged the Heads of Mission to actively identify and facilitate high-quality investment opportunities, particularly in sectors aligned with Sri Lanka’s development priorities, with a focus on sustainability, innovation, and long-term value addition.

Particular emphasis was placed on the promotion and diversification of Sri Lanka’s exports, including the exploration of new markets and strengthening trade linkages.

The meeting was attended by the Secretary to the Prime Minister, Additional Secretary to the Prime Minister Ms. Sagarika Bogahawatta and heads of mission-designate.

[Prime Minister’s Media Division]

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SC finds Keheliya, others, guilty of violating FRs of public through corrupt drug procurement deal

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The Supreme Court yesterday held former Health Minister Keheliya Rambukwella and several senior health officials liable for violating the fundamental rights of the public over a controversial drug procurement carried out under the 2022 Indian Credit Line.

Delivering the judgment, a three-judge bench, headed by Chief Justice Preethi Padman Surasena, and comprising Justice Kumudini Wickremasinghe and Justice Janak de Silva, found that the procurement of medical supplies from an unregistered company, in breach of established procedures, had resulted in a serious infringement of public rights.

The Court ruled that the granting of a Waiver of Registration by the authorities was “wrongful, arbitrary and capricious,” and held that the direct procurement carried out on an unsolicited basis was unlawful. The transaction was accordingly declared null and void.

In a significant order, the Court directed Rambukwella to pay Rs. 75 million in compensation to the State from his personal funds.

The then Health Ministry Secretary Janaka Chandragupta and former Chairman of the National Medicines Regulatory Authority (NMRA), Prof. S. D. Jayaratne, were each ordered to pay Rs. 50 million.

The Court further directed NMRA Chief Executive Officer Dr. Wijith Gunasekara and former Director of the Medical Supplies Division Dr. Thusitha Sudarshana to pay Rs. 50 million each as compensation.

The ruling followed the hearing of a fundamental rights petition filed by Transparency International Sri Lanka and two other parties.

The Court also instructed the Commission to Investigate Allegations of Bribery or Corruption to initiate appropriate action under the Anti-Corruption Act against those found responsible.

Senior Counsel Senany Dayaratne, with Nishadi Wickramasinghe, Lasanthika Hettiarachchi, Janani Abeywickrema and Maheshika Bandara, appeared for the petitioners.

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Sajith nudges govt. to follow India’s example in giving relief to consumers by slashing taxes on fuel

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Sajith

Opposition and SJB Leader Sajith Premadasa yesterday urged President Anura Kumara Dissanayake to reduce taxes on fuel, just as the Indian government has done.

He said in a post on X that “Modi government has decided to reduce the Special Additional Excise Duty on petrol and completely remove it for diesel in order to cushion the hardship on the Indian consumer. High time for Anura Kumara Dissanayake to keep up to his election promise and follow suit.”

Meanwhile foreign media reported that India has slashed excise duties on petrol and diesel to protect consumers and rein in a potential spike in inflation, while imposing windfall taxes on aviation fuel and diesel exports, amid volatile global oil markets, as a result of the Iran war.

Global oil prices have surged past $100 per barrel after the near closure of the Strait of Hormuz, which serves as a conduit for 40% of India’s crude oil imports, since the US and Israel first struck Iran on February 28.

In a government order, released late on Thursday, India’s Finance Ministry reduced the special excise duty on petrol to three Indian rupees ($0.0318) per litre from 13 Indian rupees earlier. It also cut the duty on diesel to zero from INR 10 rupees per litre.

The government did not say how much the duty cuts would cost. The move comes ahead of elections next month in four Indian states and one federal territory, with Indian voters known to be extremely sensitive to higher prices.

“Government has taken a huge hit on its taxation revenues to ensure very high losses of oil companies, approximately 24 rupees a litre for petrol and 30 rupees a litre for diesel, at this time of sky high international prices, are reduced,” Indian Oil Minister Hardeep Singh Puri said in a post on X.

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