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SC deems SJB MP’s move unconstitutional

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‘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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PM participates in special Shiva Pooja held at the Thirukedeswaran Temple in Mannar

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The Prime Minister Dr. Harini Amarasuriya participated in the special Shiva pooja held on  at the Thiruketheeswaran Kovil in Mannar, in observance of Maha Shivaratri, a day celebrated with deep devotion by Hindu devotees

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“Sri Lanka Set to Become the First South Asian Country to Enter the Global Charter on Children’s Care Reform”

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Today (17), Sri Lanka officially expressed its Intent to Enter into Global Charter on Children’s Care Reform at the United Nations Compound, Bauddhaloka Mawatha, Colombo 07.

The event was attended by the  David Lammy, Member of Parliament, Lord Chancellor and Secretary of State for Justice and Deputy Prime Minister of the United Kingdom. On behalf of Sri Lanka, the official Expression of Intent was made by the Minister of Women and Child Affairs,  Saroja Savithri Paulraj.

Sri Lanka has long been a State Party to the United Nations Convention on the Rights of the Child (UNCRC) and remains committed under international law to protecting and promoting children’s rights. The Global Charter for on Children’s Care Reform has been developed based on existing international commitments, including the 2009 United Nations General Assembly Guidelines for the Alternative Care of Children; the 2019 UN General Assembly resolution focusing on the rights of children without parental care (A/RES/74/133); the CRPD/C/5: Guidelines on de-institutionalization, including in emergencies (2022); the 2022 Kigali Declaration of Commonwealth States; and the 2024 1st Global Ministerial Conference on Ending Violence Against Children, which called for action. To date, 34 countries around the world have endorsed this Charter.

As no South Asian country has yet joined this Charter, Sri Lanka is set to become the first South Asian nation to do so.

The primary objective of joining this Charter is to further strengthen Sri Lanka’s national child Care policies and align their implementation with international standards.

The event was collaboratively organized by UNICEF and the British High Commission in Sri Lanka. Among those present were the British High Commissioner to Sri Lanka,  Andrew Patrick; British Deputy High Commissioner to Sri Lanka, Theresa O’Mahony; UN Resident Coordinator in Sri Lanka,  Marc-André Franche; UNICEF Representative to Sri Lanka, Emma Brigham; Secretary to the Ministry of Women and Child Affairs, Tharanganie Wickramasinghe; government officials; representatives of non-governmental organizations; and civil society representatives.

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CEB seeking tariff hike while making huge profits, says opposition trade union leader

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Ananda Palitha

Convenor of the Samagi Joint Trade Union Alliance affiliated with the Samagi Jana Balawegaya, Ananda Palitha, yesterday (16) said that the Ceylon Electricity Board was seeking to raise electricity tariffs by 13.56% percent although it had earned a profit of more than Rs 22,000 mn.

The CEB recently submitted its proposal to the Public Utilities Commission of Sri Lanka (PUCSL) for an electricity tariff revision for the second quarter of this year – the period effective from April 1 to June 30.

Palitha alleged that the PUCSL, in spite of knowing the massive profit earned by the CEB, at the expense of the hapless public, had chosen to allow the state enterprise to propose an additional burden.

The economic, technical and safety regulator of the electricity industry, and the designated regulator for petroleum and water services industries, should exercise its powers in terms of the PUCSL Act No. 35 of 2002 and the Sri Lanka Electricity Act No. 20 of 2009 to provide relief, the veteran trade unionist said.

Palitha emphasised that the PUCSL had the right to intervene on behalf of electricity consumers but, unfortunately, chose to facilitate the CEB’s despicable strategy. “The proposal to increase tariffs by 13.56% was meant to divert attention. The real issue at hand is the percentage of electricity tariff reduction,” Palitha said. The former UNPer found fault with the Opposition for failing to expose the CEB.

Taking into consideration the Rs 22,000 millionplus profit, the PUCSL could order the CEB to grant relief to consumers, Palitha said, adding that the CEB and PUCSL, together, deprived electricity consumers tariff reduction in the first quarter of this year, too.

In January this year, the CEB asked for a 11.59% tariff increase though it was enjoying Rs 22,000 mn profit at that time, the trade unionist said.

Palitha said that as the PUCSL received all data available to the CEB it was fully aware of the finances of the state enterprise.

In January, 2025, regardless of the NPP government floating the idea regarding as much as a 37% tariff increase, the PUCSL granted a 20% tariff reduction (25% of Rs 22,000 mn profit), Palitha said.

According to him, as a result of relief granted to the consumers, the profits had been reduced to Rs 16,000 mn but by June 2025 profits had increased to Rs 18,000 mn and there was a need to grant tariff reduction. But, the NPP, having always lashed out at the International Monetary Fund (IMF) in the run up to the presidential election, held in September 2024, started playing a different tune.

Responding to The Island queries, Palitha said that contrary to claims that the CEB proposed a 13.56% tariff increase to cover up losses caused by the importation of low-quality coal for the Norochcholai Lakvijaya coal-fired power plant, the current strategy seemed to have been adopted at the behest of the IMF.

Instead of granting tariff reduction for the third quarter in 2025, the PUCSL ordered an 18% increase, Palitha said. The trade unionist claimed that the Finance Ministry, at the behest of the IMF, directed both the CEB and the PUCSL to increase electricity tariffs by 20% in violation of the relevant Acts, he said.

Then in Oct, 2025, the CEB proposed a 6.8 % tariff increase at a time its profits were around Rs 22,000 mn. The CEB and PUCSL staged a drama over that proposal and finally, on the false pretext of the CEB’s failure to furnish its proposal on time, the revision was dropped, Palitha said. The SJB activist pointed out that the Opposition failed to highlight that consumers had been deprived of downward revision in spite of massive profits earned by the Board. “In fact, when Energy Minister Kumara Jayakody met trade unions, he very clearly declared that they were considering electricity power reduction, perhaps by 10%, 12% or 15%. But in the end nothing happened.”

Now the same drama is being enacted by the government, the CEB and the PUCSL, Palitha said.

By Shamindra Ferdinando

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