News
19A: Key changes necessary but consensus on several provisions – SLPP lawmaker
‘We received two mandates to enact a new Constitution’
By Shamindra Ferdinando
SLPP National List member Gevindu Cumaratunga strongly pushed for a new Constitution instead of bringing in the 20th Amendment in place of 19th Amendment enacted at the onset of UNP-SLFP administration in 2015.
Addressing a media briefing at the Sri Sambuddajayanthi Viharaya and meeting organized in Kandy also on Sunday (30), Cumaratunga emphasized that Gotabaya Rajapaksa and the SLPP received overwhelming mandate at the 2019 presidential and 2020 general election, respectively, to enact a new Constitution.
The leader of civil society group Yuthukama dealt with the 13th, 16th and the 19th Amendments as well as the Proportional Representation (PR) system introduced by the then President JR Jayewardene. In addition to one NL slot, Yuthukama Kalutara district candidate Anupa Pasquel entered parliament.
The ideal solution would be to either abolish/do away with inimical provisions in those amendments, Cumaratunga said, underscoring the responsibility on their part to realize the mandates received at the presidential and parliamentary polls.
Cumaratunga said that the 13th Amendment undermined the country’s unitary status whereas the 16th imposed restrictions on the use of Sinhala language in the North and East and the 19th caused anarchy. Therefore, tangible measures should be taken to abolish/amendment/rectify shortcomings without further delay, he said.
Cumaratunga pointed out how the National Joint Committee (NJC), in a statement issued recently explained the need to address all problematic matters without focusing only on the 19th Amendment. Referring to a statement issued by the Buddasasana Karyasadaka Mandalaya on August 25, 2020, Cumaratunga emphasized that the 19th Amendment wasn’t the only cause for continuing political turmoil and instability.
Therefore, the government should seriously look into concerns expressed by those who really believed in a total constitutional overhaul, Cumaratunga said. The civil society activist acknowledged that an influential section of the government pushed for the 20th Amendment in place of 19th Amendment as enactment of a new Constitution would take time. Cumaratunga said that those who preferred the 20th instead of the 19th Amendment were of the view a new Constitution couldn’t be enacted without public consultations.
Lawmaker Cumaratunga questioned the need to engage in fresh public consultations as the previous government conducted quite large scale countrywide operation in that regard. The procedure included a comprehensive report put out by the Public Representations Committee on Constitutional Reforms and the parliamentary process spearheaded by Premier Ranil Wickremesinghe, as the Chairman of the Steering Committee of the Constitutional Assembly.
The first meeting of the Constitutional Assembly took place on April 5, 2016.
The Yuthukama leader said that the high profile constitutional reforms process that had been undertaken by the previous government was in the public domain. Those who had campaigned for that constitutional reforms process were routed thrice at the 2018 Feb Local Government poll, 2019 Nov presidential and 2020 August general election, Cumuratunga said.
Now that the SLPP had secured a near two-thirds majority and the required support could be obtained from friendly political parties, the government could go for a referendum. Such a course of action would allow the government to achieve its objective without having to go before the Supreme Court.
Cumaratunga said that consensus could be reached on some provisions in the 19th Amendment. Pointing out that the SLPP government was agreeable to the two term limit on an executive president and the restriction of presidential term to a five-year period, Cumaratunga said that Yuthukama, too, believed those provisions should be retained.
Far reaching change required pertaining to the 19th Amendment was the provision that deprived the elected President to hold ministerial portfolios, MP Cumaratunga said. Emphasizing that Article 4 where the sovereignty of the people was dealt with, specified as follows in Sub Article 4b: “The executive power of the People, including the defence of Sri Lanka, shall be exercised by the President of the Republic elected by the People,” Cumaratunga said all obstacles should cleared for the President to take over the defence portfolio.
Lawmaker Cumaratunga said that it would be better to specify that the President should hold the defence portfolio.
MP Cumaratunga said that the provision that denied the President the right to dissolve parliament one year after the general election, too, should be amended. In terms of the 19th Amendment, the President received the right to dissolve parliament only after the House completed four and half years.
The former government amended the provision that dealt with the President’s power to dissolve parliament in spite of the Supreme Court previously ruling that such a change should be subjected to a referendum, Cumaratunga said. The civil society activist pointed out how President Sirisena struggled to cope up with treasury bond scams allegedly perpetrated by the UNP as he lacked the constitutional power to intervene.
Commenting on the provision that deprived anyone below the age of 35 contesting the presidency, Cumaratunga said that the particular stipulation should be retained. The MP said that he didn’t see any reason why a person at such a young age should contest the presidency.
Cumaratunga also discussed the continuing controversy over amending the constitutional provision that prevented dual citizens from seeking public office. The National List MP said that he would like to discuss the matter taking into consideration Basil Rajapaksa’s dual citizenship (US and Sri Lanka), former Central Bank Governor and now fugitive Singaporean Arjuna Mahendran and President Gotabaya Rajapaksa giving up his US citizenship to be eligible to contest 2019 presidential election.
Lawmaker Cumaratunga said that having left the country soon after the 2015 change of government Basil Rajapaksa could have stayed in the US. Instead, the former SLFP National Organizer returned in April 2015 after the then government initiated investigations, Cumaratunga said. The police arrested and remanded him and he underwent hardship but remained committed for a political role, the MP said. If all dual citizens were prepared to face investigations the way Basil Rajapaksa did, there was no need for the provision to prevent dual citizens from holding public office, Cumaratunga said.
However, Arjuna Mahendran fleeing the country was evidence that dual citizens/foreign citizens shouldn’t be accommodated unless they accepted sole Sri Lankan citizenship, he said.
Cumaratunga said that President Gotabaya Rajapaksa had set an example by giving up his US citizenship to serve the country. The lawmaker said that Gotabaya Rajapaksa, in his capacity as the wartime Defence Secretary played a significant role while being a US citizen.
The MP said that the stipulation that the President and members of parliament should only be Sri Lankans could be extended to other higher level categories.
Lawmaker Cumaratunga declared his firm support to the Independent Commissions while calling for proper procedures to be followed in making appointments to Independent Commissions. Pointing out that the previous government blundered by accommodating TNA leader R. Sampanthan as the Opposition Leader to enable him to sit in the Constitutional Council, Cumaratunga alleged that was done to manipulate the process.
Of the 10 member Constitutional Council, five are appointed in agreement between the Prime Minister and the Opposition Leader.
If the Joint Opposition was given the Opposition Leader’s Post, the whole process wouldn’t have gone awry, Cumaratunga said.
He said that Premier Mahinda Rajapaksa and Opposition Leader Sajith Premadasa could choose five persons to ensure the proper functioning of the Constitutional Council. The MP said that the need was to rectify the Constitutional Council and the Commissions not to abolish them. Cumaratunga proposed that the President could choose from persons recommended by the Constitutional Council. The President should also receive the constitutional authority to remove those appointed, the MP said.
Cumaratunga said that the SLPP should be sensitive to the sentiments of those who brought the party to power. The lawmaker warned that political parties and the government could no longer continue as if public sentiments didn’t matter. “Look at what happened to the UNP. The UNP was reduced from 107 to 55 (SJB 54 + UNP 1), TNA 16 to 10 and the JVP 6 to 3,” Cumaratunga said, adding that those treacherous civil society elements were taught an unforgettable lesson.
Quoting statements issued by the Buddasasana Karyasadaka Mandalaya as well as the NJC, MP Cumaratunga strongly suggested that much delayed Provincial Council elections shouldn’t be held as the very basis of the system undermined the country’s unitary status or in other words was contrary to President Gotabaya Rajapaksa’s ‘One Country, One Law’ concept.

News
Govt. seeks INTERPOL assistance to bring Basil Rajapaksa back
The Criminal Investigation Department (CID) and Police Headquarters are in the process of seeking INTERPOL assistance to secure the return of former Finance Minister Basil Rajapaksa to Sri Lanka, police sources said yesterday.
A senior police officer said steps were being taken to obtain international assistance to bring Rajapaksa back to the country to face court proceedings relating to two cases in which arrest warrants have been issued against him.
The Colombo Fort Magistrate’s Court last week and the Matara Chief Magistrate’s Court several weeks ago issued warrants for Rajapaksa’s arrest after he failed to appear before court.
Colombo Fort Magistrate Pasan Amarasena recently directed the CID’s Illegal Assets Investigation Division to arrest and produce Rajapaksa before court over allegations of misappropriating Rs. 7.8 million belonging to the Sri Lanka Tourism Promotion Bureau.
According to investigators, funds allocated to the Bureau in 2014 for promotional activities had allegedly been used to distribute 12,000 T-shirts during the Uva Provincial Council election, resulting in a financial loss to the Government.
The Magistrate also released former Tourism Promotion Bureau Managing Director Rumi Jaufer, who had been in remand custody, on two personal bail bonds of Rs. 1 million each and imposed a foreign travel ban on him. Investigators said charges had been filed under the Public Property Act.
Meanwhile, Matara Chief Magistrate Chaturanga Eranga Dissanayake issued a warrant on May 22 for Rajapaksa’s arrest over a case filed by the Police Financial Crimes Investigation Division regarding the purchase of a one-and-a-half-acre land plot at Brown’s Hill, Eliyakanda Road, Matara.
Rajapaksa’s counsel had informed court that the former minister was overseas receiving medical treatment and submitted medical reports in support of the request for his absence. However, the Magistrate, noting his repeated failure to appear before court, ordered the issuance of a warrant.
Rajapaksa is believed to be in the United States, where he has reportedly been receiving medical treatment. His exact location has not been disclosed publicly.
Meanwhile, Minister of Public Security Ananda Wijepala said the same legal measures used to bring back drug traffickers and organised criminals hiding overseas would be applied to former ministers and politicians wanted by courts.
Speaking at a media briefing in Kandy on Thursday, Wijepala said the law would be enforced equally without considering a person’s political status or position.
He said international mechanisms, including INTERPOL notices, would be used against former ministers and politicians abroad who had warrants issued against them.
A police source said the authorities were considering obtaining INTERPOL assistance in the case of Basil Rajapaksa. An INTERPOL Red Notice, if issued, would serve as a request to locate and provisionally arrest a person pending extradition proceedings, while the final decision on surrender would be taken according to the laws of the country where the individual is found.
by Norman Palihawadane and SK Samaranayake
News
Ravi warns against attempts to stir communal tensions over Easter attacks probe
New Democratic Front (NDF) MP Ravi Karunanayake on Thursday warned against attempts by certain sections of society to incite racial and religious tensions under the guise of seeking justice for the victims of the 2019 Easter Sunday terror attacks.
Addressing a press conference in Colombo, Karunanayake called for a genuine and impartial investigation into the attacks, while cautioning that the tragedy should not be exploited to undermine communal harmony or derail ongoing investigations.
“There are attempts by some interested parties to create communal disharmony and sabotage opportunities for a genuine investigation into the Easter Sunday attacks,” he said.
Karunanayake, who identified himself as a member of the Catholic community, said he was deeply saddened by the conduct of certain individuals and groups seeking to exert influence and pressure on the investigative process.
“I am saddened to see the conduct of some of our religious leaders exerting influence and pressure on ongoing investigations,” he said, stressing that any inquiry into the attacks should be guided by the principles of justice and humanity rather than political or sectarian interests.
The MP said there was no justification for promoting racism or religious extremism in the country and urged all communities to work towards preserving the longstanding coexistence among Sinhalese, Tamils, Muslims, Burghers and Malays.
“We must return to a society where all communities live together with mutual respect and affection. Humanity must come before any religious identity, whether one is Catholic, Muslim, Hindu or Buddhist,” he said.
Karunanayake emphasized that the ultimate objective of any investigation should be to uncover the truth and deliver justice to the victims while safeguarding national unity.
“Hatred must be eliminated, not cultivated. Any investigation into the Easter Sunday attacks should be conducted in a manner that preserves the social fabric of the nation,” he said.
He reiterated his support for a credible and transparent investigation into the attacks, adding that justice could only be achieved through an independent process free from undue influence and attempts to inflame communal sentiments.
News
AG undertakes High Court Judge will not be summoned over Yoshitha Rajapaksa case
- Initial report detailed High Court Judge summoned another Judge regarding order.
- Writ application filed by three senior Bar members protecting Rule of Law.
- Dr. Romesh de Silva PC argued Judges cannot be questioned on judicial orders.
- Court issued interim order stopping steps on the summons.
- Attorney General later gave undertaking Judge would not be summoned as witness.
- Petitioners accepted relief; proceedings ended as principle accepted
In a first time occurrence in the history of the country, a High Court Judge, at the request of the Attorney General’s Department, issued summons on another High Court Judge in order to question him regarding the correctness and accuracy of an order made by him.
The matter arose in criminal proceedings instituted against Yoshitha Rajapaksa.
Thereafter, three senior members of the Bar instituted filed a writ application in the Court of Appeal seeking to quash the summons, stating that their objective was to protect the Rule of Law and the independence of the Judiciary. The Petitioners were President’s Counsel Uditha Egalahewa, President’s Counsel Farman Cassim and senior Attorney-at-Law Sugath Caldera.
The case was taken up on June 2 and Dr. Romesh de Silva, PC, appearing for the Petitioners and leading several President’s Counsel, submitted in the Court of Appeal that the application had been filed in the public interest to safeguard the Rule of Law and the independence of the Judiciary.
Counsel drew the attention of Court to the Constitution, which recognizes the independence of the Judiciary as an intangible heritage of the people of Sri Lanka. He submitted that Sri Lanka had consistently recognized and protected judicial independence.
Dr. de Silva expressed appreciation to the three Petitioners for having come forward to protect the Rule of Law and the independence of the Judiciary. He stated that it was the duty of the Bar to protect the judiciary, because Judges by nature of their office cannot defend themselves.
He submitted that a Judge could not be questioned regarding an order made by him in his judicial capacity. Counsel contended that judicial orders are subject to appeal and that, ultimately, orders of the Supreme Court are final and conclusive. He argued that no Judge, whether of a primary court or the Supreme Court, could be questioned regarding the correctness or accuracy of an order delivered in the exercise of judicial functions.
Counsel accepted that a judicial order itself may be subjected to scrutiny and analysis in an appropriate forum. However, he submitted that the Judge who delivered the order could not be questioned concerning its correctness.
Referring to the facts of the present case, Dr. de Silva submitted that the High Court Judge had been summoned to explain the basis upon which he had made the order in question. He maintained that, irrespective of the correctness of the order itself, the sole issue before Court was whether a Judge could be compelled to answer questions regarding an order delivered by him. Counsel submitted that such a course was totally impermissible.
State Counsel, in lengthy submissions, objecting to the interim order and notice informed Court that the intention behind summoning the Judge had been to question the Judge regarding the procedural steps adopted by him and to demonstrate that the order had been made contrary to law.
The Court of Appeal, comprising the President of the Court of Appeal Justice Rohantha Abeysuriya and Justice Priyantha Fernando, thereafter adjourned to consider the matter and subsequently issued an interim order preventing any further steps being taken pursuant to the summons that had been issued.
The interim order was made operative for a period of one week in order to afford the Attorney General an opportunity, if necessary, to make further submissions.
When the matter was next called on June 12, State Counsel informed Court that the Attorney General had reconsidered his position and would give an undertaking to the Court of Appeal that the High Court Judge would not be summoned to give evidence.
Upon a request made by Dr. de Silva and after hearing submissions, the Attorney General further undertook that the Judge’s name would be removed from the list of witnesses filed in the High Court.
The Petitioners took the position that the undertakings furnished by the Attorney General substantially granted the relief sought in the application and accordingly stated that the proceedings could be brought to an end, as the principle contended for by the Petitioners had been accepted.
Dr. de Silva thanked the Attorney General for his reconsidered position.
It is noted that the State Counsel who appeared on behalf of the Judge who had issued the summons had previously appeared as junior counsel for the State before that same Judge when the summons had originally been issued at the request of the State.
Dr. Romesh De Silva PC with
Mr. Ikram Mohommed PC
Mr. Manohara De Silva PC
Mr. Rohan Sahabandu PC
Mr. Sanjeewa Jayawardena PC
Mr. Saliya Peirs PC
Mr. N.R Sivendran AAL
Mr. Niran Anketell AAL
Mr. S.V Niles AAL
Mr.Pasindu Bandara AAL
Mr. Sahan Ginige AAL appeared for the Petitioners. Mr Oswald Perera State Counsel with Sajitha Bandara State Counsel appeared for the Attorney General and the second Respondent Hon Udesh Ranatunga under whose hand the Summons has been issued. Mr Chandaka Jayasundera PC appeared for Hon Sahan Mapa Bandara the third Respondent on 12th June 2026.
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