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HRCSL’s call for abolishing PTA wholly unacceptable – Manohara

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Bar Council will respond following consultations

By Shamindra Ferdinando

Top constitutional lawyer Manohara de Silva, PC says the Human Rights Commission of Sri Lanka has absolutely no right to interfere in national security matters.

The lawyer said so when The Island sough his opinion on the HRCSL’s call for abolition of the Prevention of Terrorism Act (PTA). Manohara, who is also a member of the nine -member team engaged in drafting the new Constitution said: “That’s not their business. If there is any clause which is against any UN convention on human rights, including the UN declaration of HR, the HRCSL can point them out. Enacting legislation is a sovereign right of the people of Sri Lanka. Not only that we have a right to enact legislation against terrorism, it is our duty to do so to free the world of terrorism,” he said.

Referring to the HRCSL call to include provisions against terrorism in the Penal Code, the PC emphasized that the outfit had been obviously influenced by those who couldn’t stomach Sri Lanka’s triumph over LTTE terrorism.

Manohara pointed out that the HRCSL issued the recent controversial statements after meetings with Colombo based diplomats over a period of three days. Haven’t they at least examined tough security laws in operation in Asia and other parts of the world? the President’s Counsel asked.

BASL President Saliya Pieris, PC told The Island that they would make their position known once the Bar Council discussed the matter.

The five-member HRCSL recently called for the repeal of the PTA. In a statement issued under the hand of retired Supreme Court Justice Rohini Marasinghe, the Chairperson of the outfit, stated:

“Notwithstanding the amendments already suggested by the government, the HRCSL advocates the complete abolition of the PTA.

The Commission believes that the offence of terrorism should be included in the Penal Code with a new definition for terrorism. It is explicitly for those who threaten or use violence unlawfully to target the civilian population by spreading fear thereof to further a political-ideological or religious cause. The Commission advocates that terrorism should be investigated under the General Law of the country with necessary amendments. The Commission also supports that it is not required to exclude the application of the Evidence Ordinance for the offence of terrorism. The indefinite period of detention violates the Constitution. “Deprivation of liberty of a person pending investigation or trial shall not constitute punishment” (Art 13 (4)

Amendments to the Penal Code, the Code of Criminal Procedure Code. Judicature Act and the Bail Act require modifications for this purpose.”



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Ravi demands full disclosure on Lanka’s usable reserves, flags forex leakages

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Ravi

Opposition MP Ravi Karunanayake on Wednesday called for an urgent government statement to Parliament on the integrity and usability of Sri Lanka’s Gross Official Reserves (GOR), raising concerns over foreign exchange leakages and regulatory consistency under the Foreign Exchange Act No. 12 of 2017.

Raising the issue under Standing Order 27 (i), Karunanayake urged the Government to provide a comprehensive disclosure on the composition, encumbrances and deployability of the country’s reserves, as well as on the Central Bank’s oversight of foreign currency transactions.

“Reserve credibility depends not merely on headline numbers, but on transparency, enforceability and consistency in regulation,” the MP told the House.

He sought clarification on the latest reported GOR figure and the net usable reserves after excluding encumbered assets, swaps and pledged balances. He also requested details of annual revenue earned on reserves from 2023 to 2025.

Following are the questions raised by MP Karunanayake:

1. What is the latest reported GOR figure, and what is the net usable reserve after excluding encumbered assets, swaps, and pledged balances? What is the revenue earned on are GOR 23-25 per year?

2. Provide a separate and detailed breakdown of GOR, including: (a) Monetary gold (quantity and valuation basis) is it real gold or gold paper? (b) Foreign currency assets by major currency and instrument; (c) SDR holdings; (d) IMF reserve position; (e) Foreign currency swaps, specifying counterparty type, principal amount, tenure, maturity profile, and all-in cost; (f) Domestic swaps, specifying amount, tenure, rollover terms, collateralisation, and effective cost.

3. Of the total reserves reported, how much is encumbered, swap-backed, or otherwise not immediately deployable for debt servicing or currency stabilisation?

4. What SLR spread, fee, or margin does the Central bank apply when buying or selling USD to the Government for reserve accumulation and external debt servicing and what total profit or gain has the C.bank realised from such transactions during the past three financial years? Advice per year.

5. Is the Central Bank subject to continuous and statutory audit by the Auditor General? If so, will the Government table the most recent audit report, specifying audit scope, sample size, reserve confirmations, swap verification and gold custody validation?

6. What triggered the recent circular warning domestic institutions on foreign currency transactions?

7. Has the C.bank quantified foreign exchange and tax revenue losses resulting from Sri Lanka-based businesses routing credit card and commercial payments through overseas payment gateways?

8. If domestic entities are regulated strictly, why has a binding circular not been issued against noncompliant business entities using foreign payment gateway arrangements that divert foreign exchange outside Sri Lanka’s regulated banking system?

The government asked for two weeks’ time to respond to the queries.

by Saman Indrajith

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Sajith exposes highly questionable coal imports from South Africa in 25 vessels; calls for independent probe

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Sajith

Opposition Leader Sajith Premadasa yesterday alleged in Parliament that eight recently imported coal shipments were substandard and called for an independent probe into the matter.Speaking in the House, Premadasa said Sri Lanka typically requires 36–38 coal shipments annually. While 11 Russian shipments received so far had raised no concerns, he claimed that 25 vessels ordered from South Africa under a new tender were facing quality issues.

He cited combustion reports from the Norochcholai Coal Power Plant showing that the eight shipments already received under the new tender failed to generate the expected 300 megawatts per unit. According to the MP, the outputs were: 285 MW, 290 MW, 260 MW, 295 MW, 285 MW, 270 MW, 275 MW, and 255 MW.

“These are scientific data generated automatically through boiler combustion reports that cannot be altered,” Premadasa said, asserting that the figures indicate the coal supplied was below required standards.

He warned that low-quality coal could increase fuel consumption, raise operational costs, and damage equipment. Any shortfall in power generation, he said, would necessitate additional coal imports or greater reliance on diesel power, ultimately driving up electricity tariffs for consumers.

“The loss will have to be borne by the electricity consumer,” Premadasa said, urging the government to clarify whether the shipments met required specifications.

He also criticized delays and changes in tender requirements, alleging that supplier eligibility criteria had been relaxed to allow non-standard providers.

by Saman Indrajith

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Ex-TRCSL Chairman Palpita enlarged on bail

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Former Mass Media Ministry Secretary and former Telecommunications Regulatory Commission of Sri Lanka (TRCSL) Chairman Anusha Palpita was yesterday released on bail by the Colombo Chief Magistrate’s Court.Colombo Chief Magistrate Asanga S. Bodaragama granted bail after considering submissions made by officials of the Bribery Commission and counsel for the defence.

The Magistrate ordered the suspect’s release on two personal surety bonds of Rs. 5 million each and imposed a foreign travel ban.

When the case was taken up, Bribery Commission officials informed court that a report had been called regarding alleged investments made by the suspect in the stock market. They sought a further date to present facts pertaining to those reports.

Appearing for the suspect, Attorney-at-Law Kanchana Ratwatte submitted that his client had been in remand custody for nearly a month and was prepared to extend full cooperation to investigators. He moved for bail on that basis.

After hearing both sides, the Magistrate observed that no reasonable grounds had been placed before court to further remand the suspect and ordered his release on bail. The case was fixed for 29 May.

Palpita was arrested on 23 January in connection with an investigation initiated by the Bribery Commission over the alleged failure to disclose the source of assets amounting to Rs. 46 million.

The Commission stated that he had arrived at its office on the day of his arrest to give a statement and was taken into custody thereafter.

He was arrested on allegations of amassing assets and property disproportionate to his declared income during a specified period, following a probe into wealth allegedly accumulated beyond his lawful earnings.

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