News

Counsel for petitioners stress need for protecting media freedom

Published

5 years ago

2020/10/3

Sahan Weerasooriya

20A before SC

* 19A adopted without referendum; 20A seeking to replace it needs only 2/3 – lawyers for ministers

By Chitra Weerarathne

Media freedom should be safeguarded in the future. The 19th Amendment protected media freedom. New laws should not obstruct it, Sanjeewa Jayawardene, President’s Counsel yesterday told the Supreme Court.

President’s Counsel Jayawardene appeared for two petitioners. The matter before the Court is the constitutionality of the Bill in reference to Articles 120, 121 of the Constitution.

In Sri Lanka the people were supreme. Unlike in India, where the Constitution was supreme, the counsel argued.

The state media was an instrument of the state unlike the private media, he said.

“The Election Commission is duty bound to hold a free and fair election.”

The State cannot issue guideline on private media, on the time to be allocated to different candidates. In the 19th Amendment Bill, According to the Section 26, the chairmen of the state and private media were made duty bound to comply with guidelines declared as regards, the Counsel said.

In the 19th Amendment Bill, when the people exercised franchise, under clause 4(c), they have to make an intelligent choice. “The state media is controlled. Then the private media could provide information to the reader.”

The media was linked to the exercise of franchise. The private media could help the people select candidates within the scope of truthful publicity, the counsel said. A licence under Rupavahini Corporation Act is needed to publish/ broadcast. But false publicity is not allowed. But it a dangerous to have to be controlled strictly by the state.

“In the 19th Amendment there is no interference in media freedom even in respect of state controlled media,” counsel Sanjeewa Jayawardene said.

Article 4(c) and Article (10) were violated by the 20th Amendment. The 19th Amendment did not violate media freedom. It should be maintained likewise in the future as well, he stressed.

Intervenient petitions were taken for hearing. There were seven of them among them was one by Professor G.L. Peiris, the present Minister of Education and Minister Nimal Siripala de Silva.

President’s Counsel, Gamini Marapana PC, supported the application by Professor G. L. Peiris.

The 17th Amendment was amended by the 19th Amendment because it violated franchise. It was not approved by the people at a referendum. Similarly, all the provisions of the 19th Amendment which is to be amended by the 20th need not be presented to the people at a referendum.

Amendment introduced by a special majority need not necessarily be placed before the people at a referendum to be enacted, he argued.

Chapter (12) of the Constitution explains that certain Amendments could be dealt with without a referendum.

“The provision of our constitution are amendable, according to the 13th Amendment. There need not be a referendum. The Indian Constitution was different to our constitution. A provision in the constitution could be amended by court and Parliament, without a referendum.

“19th Amendment was determined by the Supreme Court. It did not go before the people,” counsel argued.

“It is illogical to say that to remove that amendment you should go before the people.”

Counsel said that former President Maithripala Sirisena had said in public that the 19th Amendment had taken power from the President and that had made the government weak. This has been referred to following the Easter Sunday bomb blasts. The President and the Prime Minister had been pulling in different directions.”

Because of the 19th Amendment the President, who is the commander-in-chief could not be the Defence Minister, the Counsel pointed out.

In several aspects, the President from 1978 Constitution up to 2015 enjoyed greater authority over the Parliament than in France.

Now it may referred back to the 1978 situation with a two-thirds majority in Parliament. In this country there is provision to repeal the entire Constitution unlike in India.

The bench comprised the Chief Justice Jayantha Jayasuriya, Justice Buwanaka Aluwihara Justice, Sisira De Abrew, Justice Priyantha Jayawardene and Justice Vijith K. Malalgoda.

The Attorney General, Dappula De Livera PC, appeared for the state.

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News

Govt. extends ban on LTTE

Published

1 hour ago

2026/01/13

Sahan Weerasooriya

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.

News

Police obtain court order banning Wimal’s protest

Published

1 hour ago

2026/01/13

Sahan Weerasooriya

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.

News

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

Published

1 hour ago

2026/01/13

Sahan Weerasooriya

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.