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Sajith cites SC ruling requiring referendum for changes to retirement age of sitting SC, CA judges

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Premadasa

“2022 SC judgement holds that changing incumbent judges’ retirement ages  adversely affects judicial independence”

By Saman Indrajith

SJB and Opposition Leader Sajith Premadasa yesterday told Parliament that a constitutional amendment seeking to extend the retirement age of Supreme Court judges would require people’s approval at a referendum. He cited a 2022 Supreme Court determination which, he said, held that such a change would adversely affect the independence of the judiciary.

Making a special statement under Standing Order 27/2, Premadasa referred to the Supreme Court determination on the constitutionality of the Inland Revenue (Amendment) Bill delivered in 2022 by Justices Buwaneka Aluwihare, PC, Murdu N.B. Fernando, PC, and Janak de Silva.

Quoting from the determination, Premadasa told the House that “unlike public officers and others holding office under the Constitution, the retirement age of the judges of the Supreme Court and Court of Appeal are specified in the Constitution. Any Constitutional amendment to the retirement age or the period of office impacting on incumbent judges, whether directly or indirectly, will impinge on the independence of the judiciary and violate Article 3 which requires a Referendum.”

Premadasa urged the government to take note of the ruling, alleging that despite the Supreme Court’s position, the Justice Minister and the Chief Government Whip had informed the media that a referendum was not necessary..

Premadasa said that although the government had sought to justify the proposed Constitutional amendment on the basis of improving judicial efficiency, it had been opposed by several legal organisations, including the Bar Association of Sri Lanka (BASL). He added that a 2023 report prepared for the Ministry of Justice with technical assistance from the Asian Development Bank (ADB) had identified different priorities for reform.

Premadasa questioned whether extending judges’ retirement age was being pursued as part of a broader judicial reform programme and called on the government to present the remaining reforms, together with a clear implementation timeline.

Pointing to an estimated backlog of 1.1 million pending cases, Premadasa said judicial reform should be based on a comprehensive feasibility study and questioned why the government had not relied on the 506-page assessment report, prepared in 2024, or commissioned a similar study.

The Opposition Leader also sought clarification on whether the government had adequately consulted the BASL, the Law Commission, the Attorney General’s Department and the Judicial Service Commission before proceeding with the proposed constitutional amendment.

Pointing out that judges themselves had rejected the proposal by a margin of 65-0, MP Premadasa said several international legal organisations had also raised concerns that the proposed amendment could undermine judicial independence.

Premadasa called on the government to disclose studies demonstrating that extending the retirement age of judges, without first filling existing vacancies in the Supreme Court and the Court of Appeal, would help reduce delays in the administration of justice. He also requested details of the performance indicators the government intended to use to measure the success of judicial reforms and how the proposed extension would improve those indicators.

He asked the government to reveal when the proposed constitutional amendment had been submitted to the Legal Draftsman’s Department, when it had been approved by the Attorney General, and when it would be gazetted and presented to Parliament for its First Reading.

Premadasa also urged the government to invite the BASL to brief Members of Parliament on the proposed amendments, noting that the SJB had requested such an opportunity. Referring to remarks by the BASL President, he said the Mahanayake Theras of the three Nikayas had also conveyed their opposition to the President in writing and called for that letter to be tabled in Parliament.

He urged the government to subject the proposal to broader public and professional scrutiny, arguing that it should refrain from amending the Constitution solely in relation to the judiciary while simultaneously pledging to introduce a new Constitution to abolish the Executive Presidency.

Responding, Justice Minister Harshana Nanayakkara said the proposal to extend the retirement age of judges was only one component of a wider programme of judicial reforms aimed at improving the efficiency of the court system.

He said the reform programme had been underway since the present government assumed office and would continue throughout its five-year term and beyond.

Nanayakkara said the government had increased the number of courts, identified 11 High Courts with severe case congestion for expansion outside Colombo, and was recruiting judges to the lower courts, while the Judicial Service Commission was appointing additional magistrates.

He added that the government had already implemented several of the more than 160 recommendations contained in the judicial efficiency assessment prepared by President’s Counsel Harsha Fernando under an ADB-supported programme. The government had also taken into account recommendations made by a Constitutional Council subcommittee, headed by Rauff Hakeem, and proposals submitted by former BASL President Jeffrey Alagaratnam to the Parliamentary Committee on Judicial Reforms, chaired by Lal Wijenayake.

The Justice Minister said the draft Bill to extend the retirement age of judges had been received from the Legal Draftsman’s Department on July 28, 2026, and was certified by the Attorney General on July 31, 2026, as being consistent with the Constitution.

He said the Bill would be gazetted after receiving Cabinet approval and presented to Parliament following the expiry of the mandatory seven-day period after publication in the Gazette.

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Geneva takes up Sallay’s case and govt. ignores opportunity to answer accusations

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Suresh Sallay

The government has chosen not to respond to questions raised by the United Nations Human Rights Council (UNHRC) regarding the detention of retired Maj. Gen. Suresh Sallay in connection with the ongoing investigations into the 2019 Easter Sunday attacks.

The Criminal Investigation Department (CID) arrested the ex-official in late February this year. The Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, the Working Group on Arbitrary Detention, the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health and the Special Rapporteur on the independence of judges and lawyers have jointly raised the issue on 20 July, 2026.

Drawing attention of President Anura Kumara Dissanayake to what they called alleged arbitrary detention of Sallay, former Director General of the State Intelligence Service (SIS) and former Director of Military Intelligence (DMI), under the Prevention of Terrorism Act (PTA), as well as allegations of torture and other cruel, inhuman or degrading treatment while in custody, resulting in the grave deterioration of his health, and imminent risks of retaliation through further torture and ill-treatment resulting in irreparable harm, should he be released from hospital and returned to custody, the UN sought the government explanation with a 60-day period.

The UN has stated: “This communication, and any response received from your Excellency’s Government, will be made public via the communications reporting website at the 60 days mark. Should your Excellency’s Government respond within 60 days, both the communication and the response, may be published before the 60 days mark. The communications and responses

will also be made available in the subsequent periodic report to be presented to the Human Rights Council.”

In the absence of the government’s response, the UN posted the letter, dated 20 July, 2026, addressed to President Dissanayake. The full letter can be accessed https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=31125

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Section of wartime KKS High Security Zone vacated to facilitate economic development in the area

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The Army, last week, vacated an area, within the wartime high security zone in the Jaffna peninsula. The Defence Ministry said that an extent of 187.56 acres of land, belonging to the Cement Corporation in Kankesanthurai, Jaffna, has been released by the military. The released land, located in Grama Niladhari Division J/233, Kankesanthurai West, within the Valikamam North (Tellippalai) Divisional Secretariat Division, had been utilised by the Sri Lanka Army since the middle of 1997.

The release of the 187.56-acre extent forms part of the initiative to make State land available for the proposed investment zone in Kankesanthurai, thereby facilitating future investment and economic development in the area.

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Lawyer lodges complaint against Govt. Printer, Media Ministry Secy.

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A complaint has been lodged with the Colombo Fraud Investigation Bureau against the Government Printer and the Secretary to the Ministry of Media regarding the online release of falsified documents bearing a forged Speaker’s certificate.

Attorney-at-Law Aruna Laksiri has lodged a complaint with the Colombo Fraud Investigation Bureau requesting legal action against the Government Printer of the Department of Government Printing (No. 118, Dr. Danister de Silva Mawatha, Colombo 08), Prasanna Jayaratne, and the Secretary to the Ministry of Mass Media (Asidisi Medura, 163, Kirulapone Mawatha, Polhengoda, Colombo 05), Dr. Anil Jasinghe.

The complaint alleges the commission of offences by forging and uploading falsified documents online using a forged Speaker’s certification, failure to perform statutory duties, and misappropriation of public property.

The complaint states that a copy of the English translation of the 22nd Amendment to the Constitution was downloaded and printed from the official website of the Government Printing Department (www.documents.gov.lk), which operates under the Ministry of Mass Media. On its outer cover and on page 1, the text “certified on 25th of September, 2026” is inscribed inside brackets.

The complaint pointed out that the Speaker has certified an English translation. Under Articles 23, 79, 83, and 80 of the Constitution, Parliament enacts laws and the Speaker certifies bills strictly in the Sinhala and Tamil languages; under the Constitution, therefore the Speaker cannot apply such certification to an English translation.

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