News
Reconstitution of Ind. Commissions should be delayed till inclusion of civil society members in CC
Quorum shouldn’t be abused, warns Prof. Peiris
By Shamindra Ferdinando
Prof. G.L. Peiris, MP, has said that the existing Independent Commissions (ICs) should continue until the appointment of the Constitutional Council (CC) to pave the way for the reconstitution of the ICs in terms of the 21st Amendment to the Constitution.
The 10-member CC consists of seven lawmakers and three civil society members.
Addressing the media, on Tuesday (06), at Nawala, on behalf of Nidahasa Jathika Sabhawa, one of the rebel SLPP groups active in Parliament, former External Affairs Minister warned against any attempt to activate the CC before the selection of its civil society members.
The retired top law academic said that the CC shouldn’t be summoned on the basis of the outfit having the required quorum. In respect of the CC, the quorum is five, the SLPP National List MP said, adding that one of the primary objectives of the 21st Amendment would be lost if decisions were taken, sans civil society members. Such a course of action could undermine the very basis of ICs, the lawmaker said.
Parliament endorsed the 21st Amendment on Oct 21, 2022, with 179 voting for and one against (SLPP MP Sarath Weerasekera). Forty five abstained.
The following ICs are established by the Constitutional Council: Election Commission, National Police Commission, Audit Service Commission, Human Rights Commission, Commission to Investigate Allegations of Bribery or Corruption, Finance Commission, Delimitation Commission, National Procurement Commission, University Grants Commission and Official Languages Commission.
Referring to the simmering controversy over the Election Commission seeking the opinion of Attorney General Sanjay Rajaratnam, PC, regarding the conduct of Local Government elections, lawmaker Peiris emphasized that there was absolutely no impediment. “Existing ICs can continue until reconstitution of new setups in terms of the 21st Amendment,” Prof. Peiris said.
The enactment of the 21st Amendment was meant to restore some of the vital provisions in the 19th Amendment, introduced in 2015, Prof. Peiris said, calling for the appointment of unblemished persons.
At the onset of the briefing, Prof. Peiris, who still functions as the Chairman of the ruling SLPP, accused the party of switching allegiance to UNP leader Ranil Wickremesinghe at the expense of its own manifestos.
Having repeatedly assured the electorate that state owned enterprises (SOEs) would be further developed and modernized at the 2019 presidential and 2020 parliamentary polls, the SLPP has thrown its weight behind President Wickremesinghe, who, in his capacity as the Finance Minister, reiterated his determination to sell even the profit-making SOEs. The despicable move to privatise Sri Lanka Telecom and Sri Lanka Insurance, both invaluable cash cows, couldn’t be justified under any circumstances, Prof. Peiris said. How could the SLPP back President Wickremesinghe’s privatisation agenda? lawmaker Peiris asked, while warning of dire consequences in losing cash cows that have always come to the rescue of governments at times of difficulties. Such a strategy would increase pressure on the Treasury in the years to come, the SLPP Chairman warned.
In spite of some members declaring they would function independently, the SLPP remains the largest group in the Parliament. The SLPP won 145 seats, including 17 National List, slots at the last general election. About 20 members have so far formed two groups, namely Nidahasa Jathika Sabhawa and Uththara Lanka Sabhagaya comprising 13 and about 10 members, respectively.
Commenting on media reports pertaining to the proposed appointment of more Cabinet ministers, the lawmaker questioned why funds were squandered on an expanded Cabinet of Ministers at a time the vast majority of people struggled to make ends meet. Acknowledging that in terms of the Constitution, a 30-member Cabinet and 40 State Ministers could be appointed, the former minister asked whether it was fair to do so when millions of people experienced untold difficulties.
Pointing out that so far President Wickremesinghe has appointed 18 ministers and 39 State Ministers, Prof Peiris alleged that the latter and their staff required a fleet of 340 vehicles. “People are repeatedly asked to tighten their belts whereas the waste of public funds continues unabated,” Prof. Peiris said.
The ex-Minister said that Nidahasa Jathika Sabhawa wouldn’t vote for the 2023 Appropriation Bill as the Budget proposals were contrary to what the SLPP promised the electorate at two national elections. “We voted against the Second Reading of the Budget over a week ago. Will do the same on Dec 08 (today).”
Responding to a spate of questions, Prof. Peiris explained how their group operated independently while remaining members of the SLPP. Declaring that there was no need for him to resign as SLPP Chairman, Prof. Peiris said that the electorate should be given an opportunity to vote at a countrywide election as soon as possible.
The much delayed Local Government polls could be held if the Wickremesinghe-Rajapaksa administration was keen to test the pulse of the people.
LG polls should be conducted by, or before, February 27, to ensure that 341 local authorities could be formed by March 20, as stipulated, lawmaker Peiris said, while underscoring the responsibility on the part of the Election Commission to set the date. “There is no impediment for the five-member commission to announce the date. However, continuing delay is causing concerns among Opposition political parties,” Prof Peiris said.
The Opposition would move Court if an attempt was made to delay the scheduled poll, he said.
News
Gnanasara Thero absconding after SC ruling
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.
News
House to debate 22A, Judicature Bill next week
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).
News
Wrong house targeted in underworld grenade attack: Two children killed
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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