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Enactment of key finance bills: Govt. not following due process – Opposition

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By Shamindra Ferdinando

Opposition MP Prof. Charitha Herath yesterday took exception to the inclusion of the controversial Economic Transformation Bill (ETB) and the Public Financial Management (PFM) Bill in the first week’s agenda of Parliament in June, in spite of the Bills not being subjected to due process yet.

Parliament meets on June 4, 5 and 6. Declaring that the ETB and PFM had been included in the June 5 and 6 agenda, respectively, the dissident SLPP MP pointed out the irregularity in doing so in the absence of the Supreme Court determination on the two Bills.

Chief Government Whip Minister Prasanna Ranatunga on May 22 presented the two Bills to the House.

Responding to The Island queries, Prof. Herath said that those opposed to the Bills could challenge them in the Supreme Court within two weeks. The first entrant to Parliament Herath asked as to why Parliament included them in its agenda before the SC decided on their constitutionality.

The JVP-led NPP would move the SC against the ETB, according to top spokesman Vijitha Herath, MP.

Herath, a former Chairman of the Committee on Public Enterprises (COPE), asked what would happen if the Supreme Court ruled that many sections of the ETB were flawed and remedial measures required.

MP Herath said that the two Bills hadn’t been discussed at the Committee on Public Finance headed by Dr. Harsha de Silva. Alleging that the government was in an indecent hurry to enact these controversial laws, lawmaker Herath said that the relevant Sectoral Oversight Committee or committees were yet to examine them.

Prof. G. L. Peiris, MP, told The Island that legislation, with such far reaching repercussions, should not be enacted by a government without a popular mandate within its last 100 days. The former External Affairs Minister and one-time SLPP heavyweight said: “ETB purports to bind future Parliaments and to thrust upon them the economic policy of President Wickremesinghe which is at variance with the publicly expressed convictions of the SLPP which commands a majority in the current Parliament.”

Recently Prof. Peiris switched his allegiance to the SJB. Claiming that President Wickremesinghe was blatantly exploiting the situation to push ahead with his much-disputed agenda, MP Peiris said: “Local entrepreneurship which needs to be nurtured and strengthened, is placed at a distinct disadvantage by   the Bill. An unelected President, by virtue of his power of nomination to controlling mechanisms, is able to concentrate more and more authority in his hands, at the expense of broad-based institutions. The degree of detail set out smacks of intolerable arrogance: it purports to deprive succeeding administrations of legitimate decision-making capability. Changes of this magnitude are compatible with the tenets of representative democracy only in the aftermath of fresh national elections, due very shortly.”

Asked about planned legal action, Prof. Peiris said that proposed legislation would certainly be challenged vigorously by various parties. The ex-Minister said that the SC determination was not a solution in itself. The Court could only determine whether particular provisions were inconsistent with the Constitution, and therefore required a special majority or a referendum for enactment. The Court’s constitutional function would not enable it to examine broader aspects from a policy perspective, he added.

The Island sought State Finance Minister Shehan Semasinghe’s views on the proposed laws against the backdrop of SLPP Chairman Mahinda Rajapaksa’s recent declaration in respect of government economic strategy. The Anuradhapura district lawmaker said that since July 2022, President Wickremesinghe and the SLPP had worked according to a certain framework. Therefore, there was no likelihood of the SLPP withholding support for these laws.

The former President while calling the present government an interim arrangement formed to run the country for the remainder of former President Gotabaya Rajapaksa’s term, declared: “Even the pro-privatization lobby should realize that the hasty divestiture of state owned assets at a time like this will not produce the best outcome for the country. Furthermore, the next Presidential election is only a few months away. Hence, as a measure to ease the widespread discontent over the government’s divestiture drive, I wish to propose that all moves to sell off state owned assets or enterprises be postponed until a new government is formed after the next Presidential election. The new government will then be able to deal with state-owned properties and enterprises in accordance with the mandate they obtain at the election.”

State Minister Semasinghe said that the Opposition shouldn’t follow destructive strategies meant to reverse the economic revival. The MP stressed that in addition to the much-discussed ETB and PFM, there was another crucial Bill aimed at addressing the challenges the country faced.  “We’ll take the Public Debt Management Bill on June 4,” lawmaker Semasinghe said, claiming that the three Bills were intended to provide much needed stability at all levels.



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Gnanasara Thero absconding after SC ruling

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Ven. Galagoda Aththe Gnanasara Thero was not at his temple in Rajagiriya when prison officials visited the premises yesterday to take steps following the Supreme Court ruling that nullified the presidential pardon granted to him, police sources said.

Prison officials who visited the temple on Nawala Road, Rajagiriya, were reportedly informed by those present that the Thero’s whereabouts were unknown. The development comes a day after the Supreme Court declared former President Maithripala Sirisena’s 2019 pardon of Gnanasara Thero null and void.

The three-member Supreme Court bench comprising Justices Janak De Silva, Dr. Sobhitha Rajakaruna and Sampath B. Abayakoon held that the pardon was arbitrary, violated the public trust and principles of natural justice, and was made beyond the proper exercise of the President’s constitutional discretion.

The case arose from Gnanasara Thero’s conduct at the Homagama Magistrate’s Court in January 2016 during proceedings relating to the disappearance of journalist and political cartoonist Prageeth Eknaligoda.

The Court of Appeal convicted him on four counts of contempt of court in 2018 and imposed concurrent prison terms amounting to six years. He had served about nine months when Sirisena granted him a presidential pardon on May 23, 2019.

The Supreme Court found that although Article 34 empowers the President to grant pardons, that power is held in trust for the people and is subject to constitutional limitations and judicial review. The Court concluded that Sirisena had effectively acted on the recommendation of the Additional Secretary (Legal) without demonstrating that he had independently considered the relevant material.

Justice De Silva held that the pardon was “arbitrary”, violated public trust and the rules of natural justice, and was ultra vires the President’s powers. The Court consequently found that the decision violated the fundamental right to equality guaranteed by Article 12(1) of the Constitution.

The ruling effectively restores the legal position under the original conviction, leaving Gnanasara Thero without the benefit of the 2019 pardon. The Supreme Court also clarified that a pardon does not erase a conviction or sentence, but merely relieves an offender from serving the sentence to the extent specified in the pardon.

Gnanasara Thero, the General Secretary of the Bodu Bala Sena, had been convicted over his conduct during proceedings concerning the disappearance of Eknaligoda, who went missing in January 2010 and has not been located.

Sandhya Eknaligoda, Prageeth Eknaligoda’s wife, was among those who challenged the presidential pardon before the Supreme Court, alongside the Centre for Policy Alternatives and its Executive Director Dr. Paikiasothy Saravanamuttu.

The detailed account of the judgment indicates that the Court’s ruling primarily nullified the pardon and restored the legal effect of the original sentence, with the implementation of the sentence falling to the relevant authorities.

Police sources said that the Supreme Court, however, did not permanently close the door on executive clemency. It held that a future President could grant Gnanasara Thero another pardon, provided the power is exercised lawfully and after proper consideration of all relevant material.

The Supreme Court has so far overturned three presidential pardons granted to two former Presidents. In January 2024, the Court declared former President Gotabaya Rajapaksa’s pardon of former MP Duminda Silva unlawful and invalid. In June 2024, it invalidated two pardons granted by former President Maithripala Sirisena to Royal Park murder convict Jude Shramantha Anthony Jayamaha — the first in May 2016, which commuted his death sentence to life imprisonment, and the second in October 2019, which released him from prison. Jayamaha, who was convicted of the murder of 19-year-old Yvonne Johnson, remains at large. Most recently, on September 10, 2026, the Supreme Court declared Sirisena’s 2019 pardon of Ven. Galagoda Aththe Gnanasara Thero null and void, ruling that it was arbitrary and inconsistent with the Constitution.

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House to debate 22A, Judicature Bill next week

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Parliament is scheduled to debate the Twenty-Second Amendment to the Constitution Bill and the Judicature (Amendment) Bill on September 24 and 25, subject to the Speaker’s announcement following the delivery of the Supreme Court determination on petitions filed against the Bills.

The programme for the Parliamentary Week from September 22 to 25 was decided at a meeting of the Committee on Parliamentary Business held on Thursday (10) under the chairmanship of Speaker Dr. Jagath Wickramaratne.

On each sitting day, Parliamentary Business under Standing Orders 22(1) to 22(6) will be taken up from 9.30 am to 10 am, followed by Questions for Oral Answers from 10 am to 11 am Questions under Standing Order 27(2) will be taken up from 11 am to 11.30 am.

On Tuesday (22), the Orders published in Extraordinary Gazette No. 2497/37 under the Petroleum Resources Act and the Promotion of Export Agriculture (Amendment) Bill will be debated from 11.30 am to 5 pm.

The Tredso Development Foundation (Incorporation) Bill, a Private Member’s Bill, will then be taken up for Second Reading before being referred to the Legislative Standing Committee.

An Opposition motion at the Adjournment Time will follow.

On Wednesday (23), the Chartered Institute of Media Professionals of Sri Lanka Bill will be debated from 11.30 am to 5 pm, followed by Questions at the Adjournment Time.

The Second Reading debate on the 22nd Amendment Bill and the Judicature (Amendment) Bill is scheduled for 11.30 am to 7 pm on Thursday (24) and Friday (25).

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Wrong house targeted in underworld grenade attack: Two children killed

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Two children aged 11 and 17 were mistakenly killed and their 55-year-old father injured in an early morning hand grenade attack on Sirisangabo Mawatha on Friday. Police investigations later revealed that the attackers targeted the wrong house during an ongoing underworld clash.

Three police teams have been deployed to investigate the attack, which occurred at around 3 am.

According to police, a man who arrived near the house in a three-wheeler knocked on the front door before throwing a grenade into the premises and fleeing.

The victims were identified as 17-year-old Kasun Rashmika and 11-year-old Duminda Gihan. Their 56-year-old father, Nalin Thusantha Perera, was seriously injured and admitted to the Kalubowila Teaching Hospital.

Police said the injured man’s brother was allegedly a close associate of a drug trafficker known as ‘Sando’ and had also been accused of involvement in drug trafficking.

The brother lives in a house adjoining the one targeted in the attack, and police suspect the grenade may have been thrown at the wrong house.

Police are also investigating information that the attack was allegedly carried out at the direction of several overseas-based drug traffickers, identified as Pandithage Shantha Kumara alias ‘Kos Malli’, Samantha Perera alias ‘Chuwa Samantha’, ‘Kudu Avishka’ and ‘I.D.’

Police said the attack was believed to be linked to an ongoing conflict between two underworld factions, which have targeted each other’s associates in shootings and grenade attacks. More than 20 people have reportedly been killed in such attacks.

Security agencies are also investigating alleged links between one faction and overseas-based criminals including Kanjipani Imran, Unakuruwe Shantha, Dubai Gagana and Handaya.

Security agencies have also received information that overseas-based criminals identified as Kanjipani Imran, Unakuruwe Shantha, Dubai Gagana and Handaya are allegedly behind the supply of firearms and drugs to the faction associated with Kos Malli and Chuwa Samantha.

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