News
Speaker says courts have no jurisdiction as regards DDR resolution passed by Parliament
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).”
News
Washout against Afghanistan sends India into semi-finals
India are through to the semi-finals of the Asian Games men’s tournament, with persistent rain and a damp outfield in Nisshin forcing the abandonment of their quarter-final against Afghanistan 16 minutes before the scheduled toss. India’s higher seeding – determined by the ICC T20I team rankings – ensured they went through at Afghanistan’s expense.
India will next face the winners of Tuesday’s quarter-final between Nepal and Sri Lanka in Thursday’s second semi-final. As one of the four seeded teams – India, Pakistan and Bangladesh are the others – to qualify directly for the quarter-finals, Sri Lanka will progress to the semi-finals if their match against Nepal is washed out too.
News
Sajith rejects Jt. Opp. protest sabotage claim; SJB TU chief demands remedial action
By Shamindra Ferdinando
Alleging that the Samagi Jana Balawegaya (SJB) had betrayed the joint protest campaign, planned on 24 Sept., at Polduwa junction, against the enactment of the 22nd Amendment without securing public approval at a referendum, SJB trade union leader Ananda Palitha emphasised that SJB and Opposition Leader Sajith Premadasa should take remedial measures to restore the alliance against the NPP government.
Responding to The Island queries, the trade union activist said that he spoke on behalf of the vast majority of the SJBers who felt betrayed by the sudden declaration made by Colombo District SJB lawmaker S.M. Marikkar that they didn’t expect Opposition political parties’ participation, except that of the UNP.
Pointing out that at the behest of Premadasa, MP Marikkar belittled those who had pledged on 17 Sept. to join the SJB-led protest, Palitha emphasised the Opposition leader should be held responsible for restoring the shattered alliance. Palitha warned that the NPP, which was rapidly moving on a dictatorial path, would be the beneficiary of such treacherous actions.
When The Island raised the allegations pertaining to the 24 Sept. protest, Colombo District MP Premadasa said there was no basis for such claims. MP Premadasa called the accusations directed at him ‘rubbish.’
Palitha said that the pathetic failure on the part of the Opposition to genuinely challenge the authoritarian NPP should be examined, taking into consideration the government following an agenda almost 100 percent against the election pledges. Except the much touted anti-corruption campaign, the NPP reneged on all its election promises.
Recalling massive rice imports after having promised to stop the same in the run up to the national elections in 2024, Palitha alleged that the utterly corrupt NPP created an artificial shortage to enable import of large stocks of salt for their benefit. Massive earnings were made through commissions, Palitha said, urging the SJB to reiterate its commitment to the 17 Sept. pledge. According to him, the SJB’s irresponsible action sabotaged the joint Opposition agreement reached on the eve of President Anura Kumara Dissanayake completing two years in Office.
Palitha said that the disruption of a genuinely joint protest, at the last moment, caused irreparable harm to the Opposition. The unexpected eleventh hour declaration made by the SJB upset their efforts to organise a large scale two-day protest on 24 and 25 Sept. Palitha emphasised the responsibility on the part of the SJB leadership and its top management to spearhead an all-out campaign against the government. The former petroleum sector employee said that a strong and transparent campaign could undermine the NPP within as a section of its parliamentary group was deeply dismayed by the current policies and strategies.
Palitha, in his capacity as the trade union leader, invited the Bar Association of Sri Lanka (BASL) to join the trade unions’ protest on 25 Sept. to intensify pressure on the government. BASL President Rajeev Amarasuriya told The Island that they didn’t accept that invitation.
Former SLPP Kalutara District MP Sanjeewa Edirimanna said that the SJB was far more keen to organise a large-scale protest to counter the SLPP’s highly successful Anuradhapura rally held on 12 September than a genuine joint protest against the 22nd Amendment or the government. Edirimanna said that they realised that the SJB would probably join a joint protest campaign only after organising a gathering to counter the SLPP. According to him, the SJB hadn’t been honestly interested in a joint protest campaign. Instead, it sought to resist possible challenges from rival political parties, he said.
An aide to UNP leader and former President Ranil Wickremesinghe said that though the SJB announced they were welcome to join the 24 Sept. protest, the party never received an invitation. The official said that some UNPers joined the protest on their own though the party neither directed supporters to join or boycott the event. As the Janathawadi Joint Opposition decided against participating for want of formal invitations, the UNP, as part of that group, decided not to join the 24 Sept. protest.
News
Police remove Thileepan statue in Jaffna
By Norman Palihawadane
Police have removed a memorial statue of former LTTE member Rasaiah Parthipan, alias Thileepan, from the Thileepan Memorial Square in Nallur, Jaffna, following the conclusion of commemorative events, marking the 39th anniversary of his death.
The statue was removed in the early hours of yesterday (27), a day after the final day of the commemoration was held at the site.
CCTV footage from the memorial reportedly shows police officers removing the statue and taking it away in a vehicle.
Tamil National People’s Front (TNPF) Secretary and MP Selvarasa Gajendran alleged that more than 15 police officers arrived at the site, without prior notice, entered the premises wearing footwear, and forcibly removed the statue.
The reason for the removal and the legal basis for the police action had not been officially announced as of yesterday.
Thileepan, a former political wing leader of the LTTE, died in September 1987, after undertaking a hunger strike in Nallur, while making several demands of the Indian Government.
The memorial events, marking the 39th anniversary of his death, were held at the site on Saturday (26). A statue had been erected at the location in connection with the commemoration.
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