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Bid to have 14-A abolished: Special Supreme Court Bench sought to hear case

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By Shamindra Ferdinando

Public interest litigation activist Nagananda Kodituwakku has requested the Supreme Court to declare 14th Amendment to the Constitution void ab initio and has no force in law. This move has come while a high profile project is underway to introduce a new Constitution,

A nine-member group led by eminent President’s Counsel Romesh de Silva is engaged in formulating a new draft Constitution.

The Supreme Court has been moved in terms of Articles 82 (6), 125 and 126 of the Constitution against the 14th Amendment enacted during J. R. Jayewardene’s tenure as the President. The 14th Amendment dealt with the National List introduced by President Jayewardene ahead of the 1989 parliamentary election.

Attorney-at-law Kodituwakku has initiated action in his capacity as the General Secretary of the Vinivida Peramuna, an unregistered political party.

The petitioner also challenged the appointment of Ven. Athureliye Rathana Thera and UNP leader Ranil Wickremesinghe on the National Lists of Ape Jana Bala Pakshaya and the UNP, respectively.

Kodituwakku has requested the appointment of a Special Bench in terms of Article 132 (3) (iii) to hear his application which the civil society activist described as a matter of public and national importance.

When The Island pointed out that the petitioner hadn’t been successful in a previous case filed in the Supreme Court against National List appointments made following the 2015 general election, Kodituwakku emphasised the court was moved (SC/Writs/05/2015) in terms of the Article126 of the Constitution. The SC declined to issue notice on the respondents on the basis that relief sought in the petition couldn’t be granted in a Writ Application, Kodituwakku said. However, taking into consideration the SC denial and the subsequent developments, the latest application had been made in terms of Articles 82 (6) 125 & 126 of the Constitution, the lawyer said.

Among the 12 respondents are former Chairman of the Election Commission Mahinda Deshapriya now Chairman of the Delimitation Committee , Deshapriya’s successor lawyer Nimal Punchihewa, the then General Secretary of the UNP Akila Viraj Kariyawasam and Ven. Wedinigama Wimalatissa , General Secretary , Ape Jana Bala Pakshaya.

Kodituwakku in his petition has pointed out that both Ven. Rathana and Wickremesinghe received appointments through the National List after being rejected by the people of Gampaha and Colombo districts, respectively. The UNP and Ape Jana Bala Pakshaya are represented by an MP each through the National List. Both parties failed to win seats. The Parliament consists of 196 elected and 29 appointed members.

The petitioner argued that the General Secretaries of the UNP and Ape Jana Bala Pakshaya had acted contrary to the supreme law of the land, the Constitution. The Constitution clearly specified that National List nominations should be presented to the Election Commission within one week after receiving notice by the Party Secretaries from the Election Commission, lawyer Kodituwakku said.

The petitioner said that even the 99 A (part of 14 A) that dealt with National List appointments had been fraudulently included by the then Speaker E. L. Senanayake.

According to the petition filed by lawyer Kodituwakku, Article 99A had been introduced through the 14th Amendment to the Constitution which was debated and passed in the Parliament on 04th May 1988. The petitioner said 14th amendment had been the result of the Parliamentary Select Committee on Franchise and Election which was appointed by the Speaker on 08th July 1983. The final product of the report of the said Select Committee had been submitted to the Parliament on 08th March 1988 after 5 years of deliberations. And the petitioner stated that Article 99A introduced by the said 14th Amendment Bill was a verbatim of the Article 99A approved by the Select Committee in which there was no provision at all for nominations of any person outside the names published under Article 99A which had been confirmed by the Chairman of the Select Committee, Ranasinghe Premadasa, the, then Prime Minister, who presented the 14th Amendment Bill to the parliament on 03rd May 1988 with the following statement made in the house.

“… Orders have been issued to the Government Printer to print it as a Sessional Paper No 109 of 1988. This Report will include a verbatim record of the proceedings of the Committee. The names of the party nominees are known beforehand. In fact, their names are published in the Gazette immediately after the closing of nominations. Therefore, the voters are aware of the identity of the candidates of the different Parties who are to be elected as National List Members …”

Lawyer Kodituwakku said that it would be pertinent to mention what exactly Ranasinghe Premadasa presented to parliament.

“… Where a recognized political party or independent group is entitled to any seat under such apportionment, the Commissioner of Elections shall require the secretary of such recognized political party or group leader of such independent group to nominate persons qualified to be elected as Members of Parliament, to fill such seats and shall declare elected as Members of Parliament, the persons so nominated…”

The Petitioner stated that the aforementioned objective has been completely done away with the clause fraudulently inserted to the Article 99A of the Constitution, which is reproduced below with the relevant section interpolated, shown within bracket. This added clause permitted the Secretaries of the Political Parties to nominate even the defeated candidates at the General Election, through the National List.

“… Where a recognized political party or independent group is entitled to a seat under the apportionment referred to above, the Commissioner of Elections shall by a notice, require the secretary of such recognized political party or group leader of such independent group to nominate within one week of such notice, persons qualified to be elected as Members of Parliament (being persons whose names are included in the list submitted to the Commissioner of Elections under this Article or in any nomination paper submitted in respect of any electoral district by such party or group at that election) to fill such seats and shall declare elected as Members of Parliament, the persons so nominated…”

Lawyer Kodituwakku alleged at the Committee Stage (1988) there had been no amendment made to the composition of 29 National List MPs proposed by Article 99A of the Constitution and it was duly passed by the Parliament on 04th May 1988. And yet the Bill so duly passed by the Parliament hadn’t been certified by the Speaker E. L Senanayake and on 24th May 1988 instead, Senanayake had certified a Bill, which contained completely different Article 99A which was not adopted by the Parliament on 04th May 1988.

 

 



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Govt. extends ban on LTTE

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The NPP government has issued a new extraordinary gazette renewing and extending Sri Lanka’s long-standing ban on the LTTE and several Tamil diaspora organisations and individuals, continuing to designate them as “terrorists”.

The gazette, published recently, replaces a previous gazette issued in May 2025 and reaffirmed the proscription of a wide range of Tamil political and advocacy bodies operating around the world, alongside dozens of named individuals. The government alleged both the organisations and individuals listed are involved in “terrorism-related activities”.

The organisations blacklisted by the Sri Lankan government include:

• Liberation Tigers of Tamil Eelam (LTTE)

• Tamil Rehabilitation Organisation (TRO)

• Tamil Coordinating Committee (TCC)

• World Tamil Movement (WTM)

• Transnational Government of Tamil Eelam (TGTE)

• World Tamil Relief Fund (WTRF)

• National Council of Canadian Tamils (NCCT)

• Tamil Youth Organisation (TYO)

While the majority of the designations mirror those contained in the May 2025 gazette, the latest document updates identification details and addresses for a number of individuals and introduces at least one additional organisation to the list. All entries have been reissued under new reference numbers for 2026, though the underlying allegations and framing remain unchanged.

Successive governemnts have maintained a sweeping proscription regime against Tamil diaspora groups and individuals. A ban can make it a criminal offence for Sri Lankan citizens to maintain contact with these organisations or their members, severely restricting political engagement and stifling links between the diaspora and the Tamil homeland.

The original mass listings were introduced in 2014 under the administration of Mahinda Rajapaksa. Despite repeated outcry, subsequent governments have continued to uphold and renew the proscription regime, even after the Rajapaksas were voted out of power.

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Police obtain court order banning Wimal’s protest

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National Freedom Front (NFF) leader Wimal Weerawansa addresses a gathering outside the Education Ministry on Monday before launching a protest demanding the immediate resignation of Prime Minister Dr. Harini Amarasuriya as Education Minister over the inclusion of a link to an adult content website in the Grade 06 English module. (Pic by Thushara Atapattu)

Police yesterday (12) obtained an injunction order from the Kaduwela Magistrate’s court against the protest launched by National Freedom Front (NFF) leader and former Minister Wimal Weerawansa opposite the Education Ministry, Isurupaya, at Battaramulla.

Police informed Weerawansa of the court order. In line with the court order, the police informed Weerawansa that the road near the Ministry should not be obstructed and that no sound amplification equipment be used while the GCE Advanced Level (A/L) examination is in progress. The examination, put off due to Cyclone Ditwah, recommenced yesterday.

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Chinese Foreign Minister Wang Yi expresses optimism that Sri Lanka is on the right path to progres

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FM Herath with his Chinese counterpart Wang Yi

Minister of Foreign Affairs, Foreign Employment and Tourism Vijitha Herath held productive discussions with his Chinese counterpart Wang Yi today (12/01), during the latter’s brief visit to Sri Lanka.

The meeting aimed at further strengthening bilateral engagement and advancing the Strategic Cooperative Partnership between the two countries. Both Ministers reaffirmed the longstanding friendship and time-tested cooperation between Sri Lanka and China rooted in centuries of exchanges and consolidated since the establishment of diplomatic relations seven decades ago. The discussion also focused on enhancing partnership in the areas of trade, investment, development cooperation and tourism.

Minister Herath extended deep appreciation to the Government and the people of China for the steadfast support extended to Sri Lanka following cyclone Ditwah and requested further support for the second phase of resettlement, relocation and rebuilding, particularly for the restoration of affected infrastructure including identified roads, railways and bridges that are vital to connectivity, economic recovery and daily lives of people. Minister Wang assured China’s fullest support for this initiative and expressed confidence that Sri Lanka will continue its rapid recovery under the leadership of President Anura Kumara Disanayaka. He also welcomed the people-centric policies of the Government and expressed optimism that Sri Lanka is on the right path toward fulfilling aspirations of its people.

Minister Herath expressed appreciation for China’s constructive role in international fora and reiterated Sri Lanka’s firm commitment to the One China Policy and China’s sovereignty and territorial integrity.

Both Ministers also recalled the successful high level exchanges in the recent past, including visits of the President and the Prime Minister of Sri Lanka to China in 2025.

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