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Ex-COPE head questions Prez Secy’s intervention in coal scam probe

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“Auditor General’s reports a matter for Legislature not the Executive”

Former Chairman of the Committee on Public Enterprises (COPE) Charitha Herath has said it is the COPE, and not the Secretary to the President, that should have asked the CID to probe irregularities in the procurement of coal for the Lakvijaya power plant.

Dr. Nandika Sanath Kumanayake, who is the Secretary to the President, lodged a complaint with the CID last week seeking an investigation into coal procurement.

No previous Secretary to a President had done so, the former parliamentarian and the Samagi Jana Balawegaya (SJB) Working Committee member said. Herath said so responding to The Island query regarding Kumanayake calling for a probe into coal procurement, since 2009, following the National Audit Office (NAO) report on the controversial procurement process for the 2025/2-26 period.

Herath emphasised that COPE, taking into consideration the growing discontent over coal procurement, especially after the NAO exposed serious irregularities, should have initiated action. Herath cited the National System Operator’s (NSO) seeking an additional electricity tariff increase of 15%, in addition to 10% increase announced on 01 April, for the second quarter, to cover-up Rs 16 bn deficit in power generation, as a matter of grave concern. NSO has cited the prevailing dry weather, the continuing crisis in West Asia, and the low-grade coal that had been procured as primary reasons for the unanticipated shortfall in electricity generation.

Herath said that as the Secretary to the Ministry concerned was the Chief Accounting Officer, the actions of the Secretary to the President caused a technical issue. Prof. Udayanga Hemapala, now under a cloud over the violation of procurement procedures, as confirmed by the NAO, is the Secretary to the Energy Ministry. Herath emphasised the importance of the procedure adopted in appointing a Secretary to a Ministry. “President issues one letter making the appointment. Secretary to the Finance Ministry issues a second letter underscoring the responsibilities of a Ministry Secretary as the Chief Accounting Officer of a particular Ministry,” Herath said.

The second letter emphasised the accountability on the part of the Ministry Secretary regarding public finance and his direct answerability to Parliament.

The ex-COPE Chief pointed out that the Secretary to the President was part of the executive. He was not part of the legislature. If there had been a directive from COPE, that should have been issued to the Secretary to the Energy Ministry, Herath said, emphasising the entire process had to be led by the legislature not the executive. In this instance to make matters worse the finger is also pointed at the executive for being part of the alleged cover up.

The Auditor General, who heads the NAO, is answerable to Parliament, Herath said, pointing out that the AG never sent reports to the Secretary to the President, who, too, comes under the purview of the NAO. The intervention made by the Secretary to the President could set a very bad precedent and it was unfortunate that the NPP, having campaigned on an anti-corruption platform at national elections in 2024 was now struggling to cope up with the major post-Aragalaya coal scandal.

The NAO undertook the examination of the 2025/2-26 coal procurement on a request made by Dr. Nishantha Samaraweera, Galle District lawmaker, representing the ruling NPP.

Lakvijaya, the country’s sole coal power plant, situated at Norochcholai, requires approximately 2.25 mt million annually and is credited with generating 30% to 40% of the overall national electricity requirement.

According to the NAO report, the Energy Ministry had awarded the term tender for the supply of coal to India’s Trident Chemphar Ltd., though it wasn’t properly registered. The NAO also pointed out the failure on the part of the supplier to follow proper procedure in respect of loading and unloading at respective ports.

Herath said that intentionally, or inadvertently, the NPP had erred in handling the investigation. He said after receiving the NAO’s report, COPE could have averted unnecessary controversy by following the laid down procedures. The COPE Chairman could direct the Energy Secretary to inquire into the coal procurement within seven days and submit a report to Parliament. In addition, if there had been any wrongdoing on the part of officials, relevant documents/files should be sent to the CIABOC or the CID.

The COPE, in consultation with the Speaker, could also take up in Parliament as an urgent/emergency issue at the onset of the proceedings, Herath said, adding that an interim report could be presented. On the basis of that report, in terms of the Standing Orders the Parliament could immediately decide to send it to the CID.

In addition to the above mentioned procedures, the COPE could on its own initiate a fresh inquiry and submit a report to Parliament and the country, Herath said. Pointing out that the coal company comes under the purview of the executive and not the legislature, Herath said that actions of the executive could be investigated. Herath explained how the British and the US responded to such situations. Unfortunately, here in Sri Lanka apparently the COPE was being used to clear the Minister concerned while holding the officials responsible for the coal scandal.

In the wake of the NAO report signed by Auditor General Samudrika Jayarathne, the defeat of the no-confidence motion moved against Energy Minister Kumara Jayakody couldn’t be considered a victory for the government, the ex-MP said. In fact, the coal scam has challenged the NPP’s much propagated anti-corruption stance, Herath said, adding that the issue couldn’t be examined without discussing the Energy Minister being indicted over corruption by the Colombo High Court recently.

By Shamindra Ferdinando



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INS Airavat makes port call in Colombo

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The Indian Naval Ship (INS) Airavat arrived at the Port of Colombo for Operational Turnaround on 01 Jun 26. The visiting ship was welcomed by the Sri Lanka Navy (SLN) in compliance with time-noured naval traditions.

INS Airavat is a Landing Ship Tank, commanded by Commander IP Patil.

During their stay in the island, the ship’s crew is scheduled to take part in a series of professionally enriching events and camaraderie-building programmes organised by the Sri Lanka Navy.

The Indian naval personnel will also tour several historic and prominent tourist attractions across the country before the ship concludes her deployment.

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BASL asks govt. to abandon plan to raise retirement ages of CA and SC judges

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… tells Prez such arbitrary change neither necessary nor desirable

The Bar Association of Sri Lanka (BASL) has urged President Anura Kumara Dissanayake to abandon the controversial plan to increase the retirement age of the judiciary, including the Court of Appeal and the Supreme Court.

In a statement issued by the BASL President Rajeev Amarasuriya and its Secretary Nalin de Silva, the BASL pointed out that the proposed increase of the retirement age of the judiciary would undermine the independence, integrity, dignity, and public confidence in the Judiciary, which is essential for the maintenance of the Rule of Law and democratic governance in Sri Lanka.

The text of the BASL statement: “The Bar Association of Sri Lanka (hereinafter referred to as “BASL”) notes with grave concern reports in the public domain that the Government is considering the introduction of an amendment to the Constitution to increase the age of retirement of Judges of the Court of Appeal and the Supreme Court.

It is the considered view of the BASL that the age of retirement of the judges of the Court of Appeal and the Supreme Court which has stood at 63 years and 65 years respectively from the promulgation of the 1978 Constitution, should not be changed arbitrarily and that such a change is neither necessary nor desirable.

To do so will result in the loss of public confidence in the integrity of the legal system and of the Government’s commitment to preserve and protect the rule of law and the independence of the judiciary. Members of the public are likely to question the motives of the Government in bringing in a Constitutional amendment solely for this purpose.

Your Excellency is no doubt aware that the cadre of the Judges of the Court of Appeal was increased from 12 to 20 Judges (including the President of the Court of Appeal) and that of the Supreme Court from 11 to 17 Judges (including the Chief Justice) by the 20th Amendment to the constitution certified on 29th of October 2020. With such enhancement, workwise, there cannot be a real requirement to extend the retirement ages of these judges.

Your Excellency is aware that altering the retirement age of judges of the apex courts would have to be done through a Constitutional amendment. For many years Sri Lanka’s Constitution has been subject to ad hoc amendments, sometimes in order to cater to the political needs of the government in power and often contrary to the interests of the rule of law, the independence of the judiciary and the judiciary.

Extending the retirement age of the sitting Judges of these Courts at this point of time is likely to be viewed by the public as a blatant attempt to interfere with the judiciary. We believe that to go ahead with such an ad hoc move will also be an affront to the Honourable Judges of those courts.

If the Government goes ahead with such a move it will set a dangerous precedent for future Governments too to introduce ad hoc amendments to the Constitution in respect of the functions of the Judiciary.

The independence of the Judiciary and the public confidence reposed in it, are indispensable pillars of the Rule of Law and the democratic framework of our Republic. In that regard, it is of paramount importance that the Judiciary must not only remain independent in fact, but must also be seen by the public to be wholly independent, impartial, and free from even the slightest perception of influence, favour, accommodation, or impropriety.

The Bar Association of Sri Lanka is therefore constrained, in the discharge of its duty to uphold and safeguard the Rule of Law and the independence of the Judiciary, to respectfully express its serious concern regarding any such proposed amendment, which is neither in the interests of the Judiciary and nor of the people.

In the circumstances, the BASL respectfully urges Your Excellency not to proceed with any proposed constitutional amendment seeking to increase the retirement age of the members of the Judiciary including Judges of the Court of Appeal and the Supreme Court.

We remain confident that Your Excellency will give due consideration to the importance of preserving and protecting the independence, integrity, dignity, and public confidence in the Judiciary, which is essential to the maintenance of the Rule of Law and democratic governance in Sri Lanka.”

Govt. declines to respond

A member of the Cabinet yesterday declined to comment on the BASL’s letter to President Anura Kumara Dissanayake. The Minister said that he wouldn’t comment for the time being.

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New US tariffs proposed on 60 countries, including Sri Lanka

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12.5% additional duties on goods imported from Colombo

The US has proposed additional duties of 10% or 12.5% on imports from 60 economies, including Sri Lanka, over their alleged failure to curb trade in ‌goods made with forced labour.

The proposal made by US Trade Representative’s (USTR) office in terms of Section 301 unfair trade practices investigation to be released, news agencies reported, pointing out that the Trump administration was seeking to rebuild its emergency tariffs, which were struck down by a US Supreme Court decision in February.

The USTR said it determined that it would impose 10% duties related to ⁠the forced labour investigation on imports from Canada, Ecuador, the European Union, Indonesia, Mexico, Pakistan, Argentina, Bangladesh, Cambodia, El Salvador, Guatemala, Indonesia, Malaysia, Taiwan and Britain.

The trade agency said it would impose additional duties of 12.5% on the remaining 45 countries that were investigated.

“The failure of our most important trading partners to address the importation of goods made with forced labour is unacceptable,” US Trade Representative Jamieson Greer said in a statement. “This creates a dynamic where American workers are forced to compete globally on an unlevel playing field.”

According to the trade agency, the USTR found that Sri Lanka has failed to impose and effectively enforce a forced labour import prohibition.

The USTR noted that the results of its investigation indicate that the acts, policies and practices of Sri Lanka related to the failure to impose and effectively enforce a forced labour import prohibition are unreasonable and burden or restrict US commerce.

Accordingly, it has proposed to impose 12.5% additional duties on goods imported from Sri Lanka.

The USTR said it also was proposing a textile mechanism that would allow for a certain volume of apparel and textile imports ‌to ⁠enter the US at a reduced tariff rate, though the duties and volumes were not disclosed.

The announcement comes ahead of the July 24 expiration of a 10% temporary tariff imposed by the Trump administration on February 20, the day the Supreme Court struck down US President Donald Trump’s tariffs under the International Emergency Economic Powers Act.

On Monday, the USTR proposed ⁠a 25% duty on many Brazilian goods as a result of a Section 301 investigation into the country’s digital trade practices and preferential tariffs. The trade agency is also expected to soon unveil the findings of another major Section 301 probe into ⁠the buildup of excess industrial capacity in 16 trading partners, including China.

In the forced labour findings, the USTR said it would exempt from the tariffs a number of products, including energy, rare earths and certain ⁠other metals, beef, coffee, certain fruits and vegetables, pharmaceuticals, organic chemicals and aircraft parts.

The USTR said it would accept public comments on the proposed tariffs and other remedies through July 6, with a public hearing scheduled for July 7.

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