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Sajith accepts far-reaching legal reforms, vows to thwart Ranil’s strategy

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Premadasa arriving at the SJB lawyers’ event

SJB and Opposition Leader Sajith Premadasa, MP, has accepted a set of far reaching and comprehensive legal reforms proposed by SJB Lawyers’ Association.Speaking at a well-attended event in Colombo this week, Premadasa, having received the proposals, vowed that President Ranil Wickremesinghe’s efforts to keep the Constitutional Council under his thumb would be thwarted.

MP Premadasa said that as a member of the CC he would along with other members stand up against Wickremesinghe’s agenda to put off the scheduled presidential poll in the guise of doing away with the executive presidency through constitutional means.

One of the most important proposals was to establish a truly independent Public Prosecutor (independent of the Attorney General) to facilitate prosecution of crimes that take place within such areas to be dealt with expeditiously and in an effective manner. Also consider optimal decentralisation of the prosecution function. There were altogether 116 proposals.

The following are some of the key proposals: 1) President to be required to engage in a consultative process with stakeholders prior to making judicial appointments. Views emerging through such consultative process to be conveyed to the Constitutional Council along with the name/s nominated for the approval.

2) There shall be a Constitutional Court. Retirement age of the judges shall be higher than the Judges of the Supreme Court. All appointments to the Constitutional Court, Supreme Court and Court of Appeal the Members of the Judicial Service Commission other than the Chairman shall be made by the President on the recommendation of the Constitutional Council.

3) In the discharge of its function relating to the appointment of the President and Judges of the Constitutional Court, Judges of the Supreme Court and the President and Judges of the Court of Appeal, the Council shall obtain the views of the Chief Justice and the two senior-most Judges of the Supreme Court.

4) A more transparent criterion will be proposed for judicial appointments. Including a collegiate system to recommend, based on transparent criteria.

Selection of such High Court Judges should be by a mixed and eminent panel consisting of most senior President’s Counsel, Attorney General, President BASL, President Court of Appeal and presided by the Chief Justice. Under normal circumstances the age limits will be as stipulated.

5) Allegations of misbehavior or incapacity contained in a resolution in the House of Representatives for the presentation of an address for the removal of a Judge of the Constitutional Court, Supreme Court or Court of Appeal shall be inquired into by a panel consisting of three retired Judges of the Constitutional Court or the Supreme Court. Such a panel shall be appointed by the Speaker on the recommendation of the Constitutional Council.

Parliament shall by law provide for all matters relating to the presentation of such an address, including the procedure for the passing of such resolution, the investigation and proof of the alleged misbehavior or incapacity and the right of such Judge to appear and to be heard in person or by a representative. Where the panel determines that the allegations of misbehavior or incapacity contained in the resolution are not proved, the resolution shall lapse.

6) There shall be a Code of Conduct applicable to Judges of the Constitutional Court, Supreme Court and Court of Appeal. Allegations of serious infractions of the Code of Conduct with negative implications for the Judiciary’s independence, integrity and public trust shall be inquired into by a panel consisting of three retired Judges of the Constitutional Court or the Supreme Court appointed by the President on the recommendation of the Constitutional Council. The panel shall submit its report to the President and the Constitutional Council for appropriate action.

7) All judges of the Court of Appeal and the Supreme Court shall be entitled to enjoy the same salary, same facilities and benefits until death, maintaining total independence of the Judiciary, economically and otherwise. However they shall not hold other offices except that are prescribed by Law.

8) The Court of Appeal to be decentralized (to sit like the Courts of Assize) to take the Appeal Court closer to the people. Senior President’s counsel and President BASL to be consulted in appointing temporary judges

9) The Court of Appeal shall conduct its sittings in each Province. It shall have an original fundamental rights and language rights jurisdiction. An appeal shall lie to the Supreme Court with leave from the Court of Appeal or special leave from the Supreme Court. The civil appellate jurisdiction of the Provincial High Courts shall be transferred to the Court of Appeal sitting in the provinces.

10) In the case of special courts such selected persons should be over the age of 62 years and below the age of 75 years. They should be selected from among retired High Court Judges with a proven track record. Only thereafter the President shall recommend such names to the Constitutional Council.

11) All judicial promotions shall be considered on the basis of completion of the ongoing cases and the delivery of orders and judgements and number of such cases sustained in the appellate court.

12) All judgments of court shall be complied immediately. In instances wherein frivolous appeals have been lodged by the state and damages along with legal interest has accumulated unconscionably, such officers shall be held personally liable for such enhanced damages.

13) A law relating to contempt of courts on the lines of Indian statute shall be passed.

14) The Office of the Attorney-General shall be an independent entity. The Attorney-General shall be the Chief Legal Officer of the Republic and shall uphold and safeguard the sovereignty of the People. It should be ensured that the Attorney General will hold the scales of justice evenly maintaining the highest traditions of the office of Attorney General without being a mouthpiece of the regime in power, in particular issuing certificates on draft legislation.

15) An independent Office of Public Prosecutor shall be set up by law.

16) An independent Office of the Public Defender shall be set up by law.

17) The Attorney-General, Chief Public Prosecutor and Public Defender shall be appointed by the President on the recommendation of the Constitutional Council.

18) Consider the feasibility and scope to recruit external lawyers to the AG’s Department at all levels based on objective criteria calculated to promote better competence and integrity. However, those internal candidates would be given due consideration.

19) Any appointee to the post of Attorney General or the Solicitor General shall not hold office in excess of three years.

20) Delays in serving indictments should be curtailed. All indictments should be filed within three months or the most 6 months of the alleged crime. In order to complete the backlog private Lawyers should be hired under the supervision of the AG. Allocation and coordination of such cases will be conducted by a decentralised public prosecutor.

21) In order to curtail delays in trials no postponement shall be granted on the basis that the Lawyer is in another court as is the practice in Indian Courts. This will also give more opportunities to younger Lawyers.

22) Consider timeframes for expeditious conclusion, such as if a criminal trial isn’t completed within a given time span, day to day trials should be held. The right to bail to be enhanced where prosecution isn’t commenced within a determinate time frame.



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Election monitors flay JVP for postponing PC polls

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Manjula / Rohana

Election monitors have strongly condemned JVP General Secretary Tilvin Silva’s Jaffna declaration that the long-delayed Provincial Council polls couldn’t be held this year due to financial and legal impediments. Silva said so after declaring open a new NPP coordination office, in Jaffna, over the last weekend.

People’s Action for Free and Fair Elections (PAFFREL), and the Institute for Democratic Reforms and Electoral Studies (IRES), said that Tilvin Silva, in his capacity as the General Secretary of the main constituent of the National People’s Power (NPP), couldn’t make such a declaration under any circumstances.

PAFFREL head Rohana Hettiarachchi and IRES Chief Manjula Gajanayake emphasised that the JVP-led NPP government should be ashamed of the developing situation.

Hettiarachchi said that Tilvin Silva’s statement has to be examined against the backdrop of a parliamentary committee, headed by Foreign Minister Vijitha Herath, tasked to determine the electoral system under which PC polls should be conducted.

Alleging that the JVPer had made the parliamentary committee irrelevant, the civil society activist said that the whole exercise of appointing the Herath-led committee now seemed a farce. The JVP’s ruse to put off PC polls further reminded the country of a similar bid made by President Ranil Wickremesinghe, Hettiarachchi said, asserting that a government couldn’t postpone any poll, claiming it didn’t have the wherewithal.

Hettiarachchi emphasised that conducting elections was the responsibility of the government of the day. PC polls have been delayed for nearly one and half decades. Hettiarachchi said that as the NPP won the parliamentary election in November, 2024, it should be held accountable for further delaying the PC polls since then.

Responding to The Island queries, Hettiarachchi said that the JVP’s move couldn’t be justified, under any circumstances. If the NPP felt that the PC system was not required then urgent action must be taken to initiate a dialogue regarding the PC system and remove it through necessary constitutional means, he said.

Hettiarachchi alleged that the JVP, having gained political power, was now following the despicable agenda of the previous political parties which sought to hold onto power at the expense of the democratic rights of the people. The JVP proved that they were not different from those who were routed at the last presidential and parliamentary polls, the PAFFREL chief said.

Tilvin Silva’s unexpected Jaffna statement contradicted their election manifesto that promised to conduct both Local Government and PC polls in 2025.

Gajanayaka said since 1998 there had been several Supreme Court and Court of Appeal rulings regarding the PC polls due to reluctance on the part of some governments to conduct polls for obvious reasons. Referring to Tilvin Silva’s declaration that money allocated for the conduct of elections were utilised for Ditwah relief, Gajanayake emphasised the need to verify such claims. Gajanayake suggested that there should be provision to conduct a forensic study to find out whether Treasury had the required funds or the government lied.

Gajanayaka said that though the JVP was the dominant party, it would be interesting to know the opinion of Dr. Nihal Abeysinghe, General Secretary of the NPP. President Anura Kumara Dissanayake is the leader of both the JVP and the NPP.

The JVP Jaffna declaration couldn’t be accepted, Gajanayake said, adding that the JVP never really backed the PC system, though it contested them later after having waged a bloody insurgency against the Indian introduced set-up. Gajanayaka recalled the violence unleashed by the JVP in the wake of the Indo-Lanka accord of July 29, 1987, under which the then Congress government forced Sri Lanka to enact the 13th Amendment to the Constitution.

By Shamindra Ferdinando

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SL exports exceed USD 5.7 bn in first four months of 2026

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The Sri Lanka Export Development Board (EDB) says Sri Lanka’s total exports, comprising merchandise and services, reached US$ 1,380.93 million in April 2026, recording a year-on-year growth of 6 % compared to the previous year.

The EDB in a statement has said that the positive export performance recorded during the first four months of 2026 highlights the resilience of Sri Lanka’s external sector. Sustained export earnings, supported by stable merchandise trade and the growing contribution of services exports, indicate a steady and encouraging recovery trajectory for the Sri Lankan economy in 2026.

Commenting on the export performance in April 2026, Mangala Wijesinghe, Chairman and Chief Executive Officer of the Sri Lanka Export Development Board (EDB), has said: “Sri Lanka’s export sector continued to demonstrate resilience in April 2026, with total exports reaching US$ 1,380.93 million, recording a year-on-year growth of 6 % compared to April 2025. Merchandise exports recorded a notable increase of 9.87%, while services exports continued to make a significant contribution to overall export earnings, reflecting the growing importance of the services sector within the country’s export portfolio.

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Easter Sunday carnage: Court told Maulana’s statement cannot be accepted without cross-examination

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Retired Maj. Gen. Suresh Sallay’s Counsel Shavendra Fernando, PC, recently told Colombo Fort Magistrate Pasan Amarasena that Mohammed Milhilar Mohammed Hanzeer alias Azad Maulana’s statement that implicated his client in the 2019 Easter Sunday carnage couldn’t be accepted as evidence in a court of law without cross-examination.

Fernando also reminded the court that a warrant had been issued in respect of Maulana, one-time aide to Sivanesathureyai Chandrakanthan, alias Pilleyan, over a case of bigamy.

The Criminal Investigation Department (CID) in late February this year arrested Sallay, who served as the Director of State Intelligence Service (SIS)s from Nov. 2019 to early Oct. 2024, just weeks after the National People’s Power (NPP) won a 2/3 majority at the parliamentary election. President Anura Kumara Dissanayake brought in DIG Dhammika Kumara as Sallay’s successor. Sallay previously served as the head of the Directorate of Military Intelligence (DMI) from 2012 to 2016.

Making submissions to the court after Additional Solicitor General (ASG) Dileepa Peiris, Fernando emphasised that a court of law couldn’t act on a statement submitted through a third party as it couldn’t be relied upon.

At the onset of his submissions, the retired officer’s Counsel declared that he was making submissions before the court and not for the media.

The crux of the matter was whether Maulana, a fugitive from Sri Lanka law, whose statement, recorded by a team of CID officers, led by its Director SSP Shanie Abeysekera, at the Sri Lankan mission, in Paris, could be accepted without cross-examination.

The Attorney General’s Department and the suspect’s Counsel explained their position with regard to producing Sallay, detained under the Prevention of Terrorism Act (PTA) in court.

The ASG requested that an order, issued by the Colombo Fort Magistrate court to produce Sallay in court, be vacated. Responding to the ASG’s statement that there was no provision to produce a person detained under PTA, in court, the President’s Counsel pointed out that no existing provision denied such an opportunity. The retired officer’s Counsel said that it was the Magistrate’s prerogative.

Alleging that there was an ongoing attempt to derail the Easter Sunday investigation, the ASG opposed an opportunity for Sallay to make a statement in court in terms of the Section 127 of the Code of Criminal Procedure. Fernando emphasised that Salley should be given the opportunity.

Fernando also strongly opposed the ASG’s move, on behalf of the Attorney General, to have an earlier order issued by court, to ensure Sallay received unhindered access to his lawyers, vacated. He questioned how the Attorney General, who heads the Bar, could deny the right of lawyers to have free access to their clients.

Magistrate Amaraseena told the court that a report on Sallay’s health has been received by the court. Fernando has said that he would respond once he received a copy.

During cross talk among lawyers, President’s Counsel Fernando has asked Rienzie Arsularatne, PC, who appeared for the Archbishop of Colombo, Malcolm Cardinal Ranjith, whether the Cardinal had approved and condoned the inhuman conditions in which Sallay was held in a 6X4 rat-infested cell.

ASG Peiris responded jokingly that Fernando might be excommunicated by the Cardinal. Fernando has pointed out that only the Pope could excommunicate and that the Cardinal administered the churches and priests and that, too, only in Colombo.

Based on the statement recorded from Maulana, the CID submitted a 14-page report to the Colombo Magistrate’s court, declaring Sallay as the 2019 Easter Sunday terror mastermind.

Maulana repeated accusations, aired by Channel 4 TV in a documentary “Sri Lanka’s Easter bombings” in its “Dispatches” programme on Tuesday 05, September ,2023.

According to Maulana’s statement recorded in Paris, Seyani Maulavi, an associate of Zahran Hashim, had got in touch with former Eastern Province Chief Minister Pilleyan, in the Batticaloa Prison, where both were held.

Pilleyan had been arrested in connection with the alleged involvement in the assassination of ITAK MP Joseph Pararajasingham on Christmas Eve, in 2005, in Batticaloa, while Maulavi was apprehended over a clash at Aliyar junction, in the east.

Maulavi has reiterated that Sallay met six persons, including Zahran Hashim, at Karadippooval, in Puttalam, in 2018.

The statement claimed that immediately after the Easter suicide blasts, Sallay directed Maulana to pick Jameel, who had been assigned to bomb Taj Samudra, but didn’t do so, and to collect his hand phone. Visits by Mahinda Rajapaksa, Basil Rajapaksa and Namal Rajapaksa to the Batticaloa Prison to meet Pilleyan, too, had been mentioned with Maulana claiming that the visitors gave Pilleyan an assurance he would be released within six months from Gotabaya Rajapaksa’s victory at the 2019 November presidential election.

The CID told court that Gotabaya Rajapaksa, soon after winning the election, appointed Sallay as SIS head to protect the secrets, and the DMI paid Rs 250,000 bail for Maulavi. The CID also alleged direct DMI-Pilleyan link in the abduction of journalist Keith Noyahr, in May 2008, Lasantha Wickrematunga assassination, in January, 2009, attack on Rivira Editor Upali Tennakoon, in January, 2000, and in the disappearance of Prageeth Ekneligoda, on the eve of the 2010 January presidential election.

Another major allegation was that approximately 2,000 men, under Pilleyan’s command, were paid a monthly salary.

The Magistrate, at the end of the proceedings, declared that a decision regarding Sallay being brought to court and an opportunity for him to make a statement would be announced on July 1.

By Shamindra Ferdinando

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