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.
President Anura Kumara Dissanayake has directed rice traders to sell Nadu rice to consumers at a wholesale price of Rs. 225 per kilo and a retail price of Rs. 230 per kilo.
The President also instructed the officials of the Consumer Affairs Authority to closely monitor the situation over the next ten days and strictly enforce the law against rice mill owners who fail to comply with the fixed prices.
President Dissanayake made these remarks during a meeting with officials from the Ministry of Trade, Commerce, Food Security and Cooperative Development, along with rice traders, at the Presidential Secretariat on Saturday (07).
The President highlighted that the largest investments in the country are allocated to the Ministry of Highways, followed by the Irrigation and Agriculture sectors, with substantial subsidies provided to farmers.
The President further pointed out that low-interest bank loans have been provided to traders for the purchase of paddy and urged rice traders not to undermine the public’s right to access affordable rice.
As a result, the following rice prices will be implemented
• Wholesale price of a kilo of Nadu rice: Rs. 225, Retail price: Rs. 230
• Wholesale price of a kilo of white rice: Rs. 215, Retail price: Rs. 220
• Retail price of a kilo of imported Nadu rice: Rs. 220
• Wholesale price of a kilo of Samba rice: Rs. 235, Retail price: Rs. 240
• Wholesale price of a kilo of Keeri Samba: Rs. 255, Retail price: Rs. 260
The President also strongly criticized rice mill owners for frequently changing rice prices on a daily basis and instructed the Consumer Affairs Authority to monitor the daily rice production and distribution by mills.
Furthermore, President Dissanayake urged the rice traders to collaborate with the government in resolving the rice-related issues in an amicable manner.
The meeting was attended by Minister of Trade, Commerce, Food Security and Cooperative Development Wasantha Samarasinghe, Secretary to the President Dr. Nandika Sanath Kumanayake, Secretary to the Ministry of Trade, Commerce, Food Security and Cooperative Development A. Wimalenthirajah, Secretary to the Ministry of Agriculture, Livestock, Lands and Irrigation D.P. Wickramasinghe, Director General of the Department of Development Finance Malarmathy Gangatharan, Acting Director General of the Department of Agriculture Dr. S.K. Wasala, Chairman of the Consumer Affairs Authority Hemantha Samarakoon, Chairman of the Paddy Marketing Board A.M.U. Pinnalanda, Director of the Hector Kobbekaduwa Agricultural Research and Training Institute A.L. Chandika, among other officials.
ECONOMYNEXT –The Election Commission (EC) has warned all candidates who have failed to submit their election campaign income and expenditure after contested in the November 14 parliament polls.
The Election Commission has set a deadline to submit the income and expenditure reports for 12 midnight on Friday, December 06, 2024.
R M A L Ratnayake, the Chairman of the EC said only few have submitted their reports so far.
“It is not only for those who have elected to the parliament, but those all who contested the election. They all should file their expenditure reports, Ratnayake told in a video clip circulated by the EC.
“I specially urge all candidates to fulfil this obligation without facing any legal actions.”
“In the event of a legal action, those candidates who face legal action are sometimes likely to lose their opportunity of contesting in local government or provincial council polls.”
Out of the total 8,361 candidates, around 24 percent or 1,985 have submitted their reports to the Election Commission as at 3 pm on Tuesday (03), the Commission said in a statement.
Out of a total 690 political parties and independent groups, only 15.4 percent (106) and out of 527 named national list members, only 10.8 percent (57) have so far submitted their reports, the EC said.
The Regulation of Election Expenditure Act is effective for the first time in Sri Lanka for a Parliament poll.
By Aruna Bogahawatte
The SLFP is facing a serious internal crisis as multiple factions within the party vie for control over the symbol to contest the upcoming local government elections, sources reveal.
One faction, led by Nimal Siripala de Silva, supported the National Democratic Front during the presidential elections and contested under the gas cylinder symbol. Some members from this group also ran in the general elections under the same symbol, securing a single seat in Parliament. This faction, supported by key figures such as Mahinda Amaraweera, Duminda Dissanayake, and several former MPs, believes the party should contest the local government elections under the traditional SLFP symbol, the ‘Hand.’
On the other side, a faction led by SLFP Treasurer Lasantha Alagiyawanna and Anura Priyadarshana Yapa is pushing to contest under the People’s Alliance symbol, the ‘Chair.’ They point to the success of this symbol in the recent Elpitiya Pradeshiya Sabha elections, where they secured two seats.
Amid this turmoil, SJB MP Dayasiri Jayasekera has offered to take on the role of SLFP Chairman if all factions can unite and set aside their differences for the sake of a stronger showing in the elections. Jayasekera said that he had discussed the same with Alagiyawanna and Dissanayake.
“The SLFP is now almost flattened to the ground, but I still believe it could be a formidable force in the next election if its leaders come together without delay,” Jayasekera said.
Fairly heavy showers are likely at some places in Western, and Sabaragamuwa provinces and in Galle, and Matara districts during the evening or night
Nadu Rice Prices Set: wholesale Rs. 225, retail Rs. 230
EC warns of legal action against candidates not compiling expense report
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