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.
News
Geneva takes up Sallay’s case and govt. ignores opportunity to answer accusations
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
News
Section of wartime KKS High Security Zone vacated to facilitate economic development in the area
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.
News
Lawyer lodges complaint against Govt. Printer, Media Ministry Secy.
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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