News
SC deems SJB MP’s move unconstitutional
‘How Parliament violated Standing Orders and Constitution in gazetting twice rejected controversial Bill’
By Shamindra Ferdinando
The Federation of National Organisations (FNO) says the move to secure parliamentary approval for the controversial Bill titled ‘Human Rights Organisation (Incorporation) Act’ should be inquired into at the highest political level.
The Supreme Court bench comprising Chief Justice Jayantha Jayasuriya, PC, Justice Mahinda Samayawardhena and Justice Arjuna Obeyesekere has ruled that Clause 6 of the Bill is not consistent with Article 76(1) of the Constitution. The SC has also ruled that Clause 7 of the Bill is not consistent with Articles 3, 4 and 12(1) of the Constitution. Having said so, the SC declared that in terms of the Article 123(2) of the Constitution, the Bill should be passed by a special majority in line with paragraph (2) of Article 84 and endorsed at a Referendum.
Dr. Wasantha Bandara, Raja Goonerathne and Nuwan Ballantudawa moved the SC in terms of the Article 121 of the Constitution. In their petition, the Attorney General was named the respondent whereas Ms Kanishka de Silva Balapatabendi, SSC and Ms Indumini Randeny, SC appeared for the AG. Chamara Nanayakkarawasam, Dinesh De Silva and Dimuthu Fernando represented the petitioners.
Dr. Bandara yesterday (8) said that the FNO would be soon writing to Samagi Jana Balavegaya (SJB) Chief Sajith Premadasa, who is also the Opposition Leader, as the Bill in question had been submitted to Parliament as a Private Member’s Bill by its National List MP Tissa Attanayake.
Responding to queries raised by The Island, Dr. Bandara said that the FNO recognized the right of lawmakers to present Private Members’ Bills. “There cannot be any dispute over that privilege. We respect MP Attanayake’s right. However, we do not see any harm in seeking a clarification from the MP concerned and the party he is representing”.
Dr. Bandara said that the same Private Bill had been previously submitted by Hunais Farook (2013) and Ali Zahir Moulana (2015) on behalf of the All Ceylon Makkal Congress (ACMC) and the UNP, respectively. However, on both occasions, they had failed to proceed with the project though MP Attanayake, one-time General Secretary of the UNP brought it back, Dr. Bandara said.
Dr. Bandara said that the SC, in its ruling acknowledged the petitioners’ principle argument that the Bill had been gazetted on July 20, 2021 and placed on the Order Paper of Parliament on August 3, but without obtaining the Attorney General’s opinion. Therefore the procedure adopted by Parliament not only violated Standing Orders but Article 78 (2) of the Constitution as well, the SC noted on the basis of submissions made on behalf of the petitioners.
Dr. Bandara said that they moved the SC immediately after the first reading of the Bill. Responding to another query, Dr. Bandara said that the FNO would also write to Speaker Mahinda Yapa Abeywardena in that regard as Parliament Secretary General Dhammika Dasanayake had adopted a strategy in violation of Standing Orders and the Constitution.
Dr. Bandara emphasised that lawmaker Attanayake’s move should be studied taking into consideration the continuing efforts to punish the war-winning Sri Lankan military and other security authorities in terms of Geneva Resolutions passed since Oct 1, 2015. Asked whether the FNO would take up the issue with the SLPP government, Dr. Bandara said that they backed the ruling party at both presidential and parliamentary polls in 2019 and 2020, respectively. One of the primary issues at the last national elections was Western and their allies interfering here, Dr. Bandara said, adding that their agenda seemed obviously on track.
The FNO wouldn’t have to move SC if Parliament sought the opinion of the AG, Dr. Bandara said. The move to establish what Dr. Bandara called an organisation parallel to the Human Rights Commission of Sri Lanka portends a grave danger, the nationalist civil society activist said.
The torpedoed Bill comprised 15 Clauses, Dr. Bandara said, urging the SJB to examine how one of its National List MPs got involved in the project against the country’s interest. Noting that political parties represented in Parliament had been largely silent on the issue at hand, Dr. Bandara questioned the rationale in pushing for the establishment of a new organisation as already HRCSL was in place.
Dr. Bandara said that the government couldn’t be unaware that such Bills had been prepared by interested parties with the involvement of external players over a period of time. Actually, party leaders should take up the issue with the Speaker and the Secretary General of Parliament as the House violating Standing Orders and the Constitution couldn’t be accepted under any circumstances.
The Island
learns that the FNO had consulted the HRCSL before moving the SC.
Dr. Bandara said that in spite of various statements made by different government spokespersons and the much publicised declaration in March 2020 that Sri Lanka quit 2015 resolution, the country was still on the Geneva agenda. The government was yet to properly respond to the Geneva threat and remained utterly unfocussed much to the disappointment of the vast majority of people, he said.
The fact that Army Chief General Shavendra Silva, who is also the Chief of Defence Staff (CDS) remained blacklisted by the US since Feb 2020 should serve as a grim reminder to the challenge the country faced.
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Landslide Early Warnings issued to the districts of Kalutara, Nuwara Eliya and Ratnapura
The Landslide Early Warning Centre of the National Building Research Organisation (NBRO) has issued early warnings to the Districts of Kalutara, Nuwara Eliya and Ratnapura from 1600hrs on 13th June 2026 till 1600hrs on 14th June 2026.
Accordingly,
LEVEL I (YELLOW) landslide early warnings have been issued to the Divisional Secretaries Divisions and surounding areas of Palindanuwara and Agalawatta in the Kalutara district, Ambagamuwa in the Nuwara Eliya and Ayagama, Pelmadulla,
Godakawela, Elapatha, Kalawana, Ratnapura and Nivithigala in the Ratnapura district.
News
INS Sharda departs Colombo concluding replenishment visit
The Indian Naval Ship (INS) ‘Sharda’ departed the island today (13 Jun 26), concluding her replenishment purposes.
On departure the vessel was accorded a traditional naval farewell by the Sri Lanka Navy at the Port of Colombo.
The visit also paved the way for vibrant personnel interactions, fostering camaraderie and goodwill. The crew of INS Sharda and personnel from the Sri Lanka Navy participated in a
friendly volleyball match and a joint yoga session. A
dditionally, Sri Lanka Navy personnel had the opportunity to visit the Indian naval vessel, while the visiting crew took time to explore several culturally significant landmarks across the island.
Latest News
Special Dengue Prevention Week declared in Colombo District from June 15 to 21
A decision has been taken to declare a Special Dengue Prevention Week from 15 to 21 of June by the Colombo District Dengue Control Committee to curb the spread of the disease in the Colombo District.
This decision was taken at the meeting of the Colombo District Dengue Control Committee held on Friday (12) at the Colombo District Secretariat under the patronage of Prime Minister Dr. Harini Amarasuriya.
Compared to last year, the number of dengue cases reported this year has increased significantly. According to the National Dengue Control Unit, approximately 39,100 dengue cases have been reported island wide to date, of which 25.8% have been recorded in the Colombo District. Following this situation, the Colombo District has been identified as a high-risk district.
Health authorities informed that the increasing spread of the disease has been influenced not only by the nature of circulating virus but also to the lack of sufficient immunity among the population. They further noted that the recent period of heavy rainfall has aggravated the spread of Dengue.
It was also identified that the current outbreak is being reported more frequently from public places such as government institutions, private establishments, schools, and religious venues rather than from residential premises. Observations have identified improperly managed solid waste and drainage systems in offices and other public locations as major breeding grounds for mosquitoes.
Accordingly, during the Dengue Prevention Week from 15 to 21 June, a series of measures will be implemented, including, organising community clean-up campaigns in government and private institutions, schools, residential areas, and other public spaces; Conducting inspections of high-risk premises by Divisional Secretariats and taking legal action, where necessary, followed by awareness programmes; Distributing informational leaflets, displaying banners, and carrying out public awareness campaigns through the media. Health authorities also requested school administrations not to involve students below Grade 10 in school cleaning programmes and to immediately notify the relevant Medical Officer of Health (MOH) office if a student is diagnosed with dengue.
The programme is expected to receive the active support and participation of the district’s political leadership, religious leaders of all faiths, public officials, local government institutions, the tri-forces, the police, and the general public.
The event was attended by the Chairperson of the District Coordination Committee, Members of Parliament, representatives of local government authorities, government secretaries, police officers, and officials representing the education and health sectors, among others.
[Prime Minister’s Media Division]
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