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Kanag-Isvaran PC fires opening salvo against Colombo Port City Economic Commission Bill before SC

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By Chitra Weerarathne

It was beyond the powers of Parliament to add new parts to the territory of Sri Lanka, Kanaganayagam Kanag-Isvaran, President’s Counsel yesterday told the Supreme Court.

Kanag-Isvaran, PC appearing for petitioners the Centre for Policy Alternatives and Transparency International, told the Court that Sri Lanka could not claim sovereignty over the artificially created Colombo Port City.

He said that an artificial land did not form part of the sovereign state of Sri Lanka. The PC added that, in 1948, Sri Lanka had become an independent country, after being a British Colony; in 1972 it had become a sovereign Republic; in 1976, the Maritime Law had been brought in, claiming the territorial waters of Sri Lanka. Kanag-Isvaran added that in 1978, the second Republic of Sri Lanka had come into effect, with 25 administrative districts.

“The 25 districts can be subdivided. But Parliament can’t add man-made structures to Sri Lanka. The Colombo Port City is such an addition. No Parliamentarians were elected from the Port City,” he argued.

Kanag-Isvaran contended that the bill attempts to create an all-powerful commission that was answerable only to the President. Thus, it could be considered an alter-ego of the current and future Presidents.

The President’s Counsel said that the artificially created land known as Port City would be given tax benefits, turning it into a tax haven in violation of Article 12 of the Constitution. The Bill also violated Article 3 of the Constitution––the sovereignty of Sri Lanka. It would be a haven for money laundering. Sri Lanka Auditing Centres would have no control, he said.

The bill on multiple occasions stated that its objective was the development of the national economy, but the provisions of the bill did not reflect that, the counsel argued.

Kanag-Isvaran said that the national economy wouldn’t be improved through the port city, as investors in the port city were not liable to pay taxes. There was no parliamentary oversight over the Commission administering the port city and therefore was contrary to constitutional provisions that vested the control of public finances with Parliament. Considering those, the Bill should be thrown off, the counsel submitted.

Counsel Dharshana Weragoda said that the Bill should be referred to the Western Provincial Council, before being presented to Parliament.

The bench comprised Chief Justice Jayantha Jayasuriya, Justice Buwaneka Aluwihare, Justice Priyantha Jayawardene, Justice Murdhu N.B. Fernando and Justice Janak de Silva.

Altogether 19 petitions had been filed. Among the petitioners were the President of the Bar Association Saliya Pieris PC, Wasantha Samarasinghe of the JVP, Civil Society Activists Gamini Viyangoda, K. W. Janaranjana on behalf of Purawesi Balaya and the Centre for Policy Alternative. Farzana Jameel, Additional Solicitor General PC appeared for the Attorney General. Proceeding will resume today.



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486 dead, 341 missing, 171,778 displaced as at 0600hrs today [05]

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The situation report issued by the Disaster Management Center at 0600hrs today [5th December] confirms that 486 persons have died and another 341 persons are missing after the devastating weather conditions in the past week.

171,778 persons have been displaced and have taken refuge at 1,231 safety centers established by the government.

 

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Media slams govt.’s bid to use Emergency to silence critics

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Sunil Watagala

Media organisations have denounced Deputy Minister of Public Security and Parliamentary Affairs Sunil Watagala after he urged law enforcement authorities to use emergency regulations to take action against those posting allegedly defamatory content about the President and senior ministers on social media.

The Sri Lanka Working Journalists Association (SLWJA) yesterday issued a strongly worded statement condemning Watagala’s remarks, warning that they posed a direct threat to freedom of expression and media rights, particularly at a time when the country is struggling through a national disaster.

Watagala made the controversial comments on 2 December during a meeting at the Malabe Divisional Secretariat attended by government officials and Deputy Media Minister Dr. Kaushalya Ariyarathna. During the discussion, the Deputy Minister claimed that a coordinated effort was underway to spread distorted or false information about the disaster situation through physical means, social media, and even AI-generated content. He also alleged that individuals based overseas were contributing to such activity.

According to the SLWJA, Watagala went further, directing police officers present at the meeting to treat those posting such content “not merely as suspects but as offenders” and to take action against them under emergency regulations currently in force.

The SLWJA accused the government of abandoning the democratic principles it once campaigned on, noting that individuals who publicly championed free speech in the past were now attempting to clamp down on it. The association said this was not an isolated incident but part of a pattern of growing state pressure on journalists and media platforms over the past year.

It warned that attempts to criminalise commentary through emergency powers especially during a disaster constituted a grave violation of constitutional rights. The union urged the government to respect democratic freedoms and refrain from using disaster-related powers to silence criticism.

In a separate statement, Internet Media Action (IMA) also expressed “strong objection” to Watagala’s comments, describing them as a “serious threat to freedom of expression”, which it said is a fundamental right guaranteed to all Sri Lankan citizens.

The IMA said Watagala’s assertion that “malicious character assassination attacks” were being carried out against the President and others through social media or other media channels, and that such acts should attract severe punishment under emergency law, represented “an abuse of power”. The organisation also criticised the Deputy Minister’s claim that false opinions or misrepresentations whether physical, online, or generated by AI could not be permitted.

Using emergency regulations imposed for disaster management to suppress political criticism amounted to “theft of fundamental rights”, the statement said, adding that the move was aimed at deliberately restricting dissent and instilling fear among social media users.

“Criticism is not a crime,” the IMA said, warning that such rhetoric could lead to widespread intimidation and self-censorship among digital activists and ordinary citizens.

The group demanded that Watagala withdraw his statement unconditionally and insisted that freedom of expression cannot be curtailed under emergency laws or any other legal framework. It also called on the government to clarify its stance on the protection of fundamental rights amid increasing concerns from civil society.

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Cardinal calls for compassionate Christmas amid crisis

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Archbishop of Colombo

Archbishop of Colombo, Cardinal Malcolm Ranjith, has called on Sri Lankans to observe this Christmas with compassion and restraint, as the nation continues to recover from one of its worst natural disasters in recent memory.

In his message, the Colombo Archbishop has highlighted the scale of the crisis, noting that more than 1.5 million people have been displaced, while an “uncounted number” remain buried under debris in the hill country following landslides and severe flooding.

“It is a most painful situation,”

he has written acknowledging the difficulty of celebrating a season traditionally associated with joy while thousands are mourning lost loved ones, living in refugee centres, or left with nothing but the clothes they were wearing.

The Cardinal has urged the faithful to temper excessive celebrations and extravagance, instead focusing on helping those affected. “Celebrate, by all means, yes, but make it a moment of spiritual happiness and concern for the needs of those who suffer,” he said. “Assist as much as possible those who lost their loved ones, their homes, and their belongings.”

He has called for a Christmas marked by love, sharing, and solidarity, describing it as an opportunity to make the season “a deeply spiritual and joyful experience.”

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