Connect with us

News

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

Published

on

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.

 

 



News

Patali alleges NPP conspiring to put off elections indefinitely

Published

on

* Govt. lacks plan to meet IMF targets


By Shamindra Ferdinando

United Republican Front (URF) leader Patali Champika Ranawaka has alleged that the 22nd Amendment is aimed at enabling the National People’s Power (NPP) to perpetuate its rule without conducting elections.

The former Minister was addressing the media at the Flower Road Office of UNP leader Ranil Wickremesinghe on Tuesday (25). Alleging that the Pelawatte-based ‘red junta’ spearheaded the operation to enact the controversial 22nd Amendment, the ex-parliamentarian pointed out that neither President Anura Kumara Dissanayake nor Health and Media Minister Dr. Nalinda Jayathissa, who is also the Cabinet spokesman, never denied declarations made by various members of the NPP parliamentary group that elections wouldn’t be conducted for 10, 20 years.

The President and the Cabinet spokesman never clarified that such declarations were not the position of the government, Ranawaka said. The URF leader pointed out that some NPP/JVP members told those receiving appointments that they would also retire under the same administration.

Addressing the media after former External Affairs Minister Prof. G. L. Peiris, convenor of the Joint Opposition, said that the government recognised them as the real opposition. Referring to Dr. Jayathissa’s recent claim that they conspired at the residence of Prof. Peiris and challenged them to come on to the streets, ex-lawmaker Ranawaka thanked the Minister for the recognition at the expense of the Samagi Jana Balawegaya (SJB). The government accepted the challenge posed by them in spite of the main Opposition party, in Parliament, having 40 MPs, the URF Chief said, urging the government to reveal the identities of those who clandestinely led the ruling party.

The former MP said that the country was now aware of their conspiracies during the past six decades. Blaming the government for its inordinate delay in conducting the Provincial Council polls, and the failure to take tangible measures to do away with the executive presidency, as repeatedly promised in the run-up to the national elections in 2024, Ranawaka alleged that the government was busy conspiring to roll back the electoral map. He also alleged that President Dissanayake was leading the operation.

According to Ranawaka the government was keen to postpone elections indefinitely as its members feared to face the law under a different government.

Commenting on the economic situation, Ranawaka explained how under President Wickremesinghe tough measures were taken during the 2022 to 2024 period to stabilise the country with the backing of the International Monetary Fund (IMF). “However, the country cannot go on beyond 2027 under the current setup. In terms of the agreement with the IMF, the debt repayment was stopped. However, the country will have to start repayment in 2028,” the ex-MP said, pointing out the country’s reserves were down to USD 6.4 bn.

The ex-MP said the IMF expected Sri Lanka to maintain foreign reserves at USD 6.8 bn and to increase the reserves to USD 12 bn next year. In terms of the IMF’s recommendations, the foreign reserves have to be increased to USD 15 bn by 2028, Ranawaka said, recollecting how former President Ranil Wickremesinghe, at a recent book launch, explained the daunting challenges faced by the country on the economic front.

Ranawaka was referring to Wickremesinghe’s speech at the launch of former Minister Ranjith Siyambalapitiya’s book launch at the BMICH, where the former President warned of dire consequences if the government failed to adhere to the IMF formula.

The former Minister disputed the government’s much touted claim that corruption was dealt with. The person who caused an unprecedented gas crisis, in 2021, by promising to supply gas at a much lower price than what was paid by the then government at that time and ended up causing countrywide panic due to “accidental” blasts of domestic gas cylinders, received protection from this government.

The government conveniently refrained from initiating action against that person, Ranawaka said. Referring to the developments leading to President Gotabaya Rajapaksa’s government declaration of bankruptcy in April 2022, the ex-Minister claimed that the IMF, in a letter dated 7 March, 2022, alerted the Secretary to the President, the Finance Ministry and the Central Bank, of the impending economic collapse. The NPP government failed to take action against those responsible for creating the 2022 crisis, Ranawaka said.

Continue Reading

News

August 15 Super Dvora tragedy: Search continues for missing officer’s body

Published

on

Super Dvora Mark III Fast Attack Craft

Navy headquarters yesterday said it was continuing the search for Lt. Thilina Udayapriya, second-in-command of the Super Dvora Mark III Fast Attack Craft (FAC), which sank in the seas off Angulana, on 15 August, 2026. Of the 12-member crew, 11 were rescued but so far SLN efforts to locate the missing officer’s body had failed, sources said.

They said that the salvage operation of the sunken craft, taken delivery from Israel after the end of the war, is continuing amidst gruelling weather and rough sea conditions, and the sunken vessel is now off Bambalapitiya.

Sources said that the vessel collided with a sunken ship MV Thermopylae Sierra that sank in August 2012, during a monsoon storm. The ill-fated Super Dvora Mk III has gone over the ship wreck in spite of it being clearly demarcated in the nautical chart, aka hydrographic chart available to the ill-fated vessel’s crew. But authorities had failed to mark the site with a buoy to warn maritime traffic, in spite of public appeals. (SF)

Continue Reading

News

Tripartite MoU to expand free cardiothoracic surgeries at KDU Hospital

Published

on

The Ministry of Defence, Ministry of Health and Mass Media, and the General Sir John Kotelawala Defence University (KDU), have signed a tripartite Memorandum of Understanding (MoU) to facilitate the expansion of free cardiothoracic surgery services by utilising the facilities of the General Sir John Kotelawala Defence University (KDU) Teaching Hospital.

The Defence Secretary Air Vice Marshal Sampath Thuyacontha (Retd), Secretary to the Ministry of Health and Mass Media Dr Anil Jasinghe, and Vice Chancellor of General Sir John Kotelawala Defence University Rear Admiral H. G. U. Dhammika Kumara, signed the agreement on behalf of their respective institutions.

The Defence MInistry said that the initiative, implemented in accordance with a Cabinet proposal submitted by the Minister of Health and Mass Media Dr Nalinda Jayatissa would reduce congestion and address the lengthy waiting list for cardiothoracic surgeries at the National Hospital of Sri Lanka (NHSL).

The Ministry stated: “Under the arrangement, specialist doctors and clinical staff of the Cardiothoracic Unit of the National Hospital will conduct free heart and thoracic surgeries and provide specialised treatment for patients at the KDU Teaching Hospital. KDU will provide the necessary infrastructure, medical facilities and specialised equipment, while the Ministry of Health and Mass Media will provide the required medicines, medical supplies and specialised medical care.”

Continue Reading

Trending