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SC in split decision clears way for Dhammika Perera as NL MP

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By Chitra Weerarathne

The Supreme Court yesterday refused leave to proceed with all five fundamental rights violation petitions against the selection of Dhammika Perera to be appointed a National List Member of Parliament of the Sri Lanka Podujana Peramuna.

Notice on Sagara Kariyawasam, the General Secretary of the SLPP was also refused.

The decision was given by a divided bench.

The petitioners included the Centre for Policy Alternatives and a few others.

The bench comprised Justice Priyantha Jayawardene, Justice Yassantha Kodagoda and Justice Arjuna Obeysekera.

President’s Counsel Gamini Marapana appeared for Sagara Kariyawasam, the General Secretary of the Sri Lanka Podujana Peramuna. He said that 6.8 million people had voted for the SLPP at the General Election of 2020. But not a single one had protested against the selection of Dhammika Perera as a National List MP to fill the vacancy created by the resignation of Basil Rajapaksa. Sovereignty is in the people including the right to franchise and the power of government. General Sarath Fonseka had been appointed a UNP MP via the National List although he had contested from a different party.

Sagara Kariyawsam is a respondent in the petition filed by the Centre for Policy Alternative against the selection of Dhammika Perera to be appointed as a National List MP.

Even Basil Rajapaksa was not in the Original National List. He was picked to be appointed from that list subsequently, the Counsel Marapana pointed out.

The Counsel said the SLPP had received 59.5 percent of the total votes polled at the general election of August 2020.

The petition did not qualify for interim relief, the Counsel argued.

Sagara Kariyawasam, wanted to bring in someone experienced in economic affairs. Hence, he had selected Dhammika Perera, the Counsel added, maintaining that the petition had no merit.

President’s Counsel Romesh de Silva appeared for Dhammika Perera.

Romesh de Silva PC, said that the appointment of Dhammika Perera, cannot violate the fundamental rights of the petitioner.

According to Section 64/5 when a seat in Parliament falls vacant the Secretary of the party contacts the Commissioner of Elections to elect, a suggested suitable person, Counsel said.

Counsel said that the Supreme Court cannot interfere with Parliament. The Speaker only does the swearing in of Members of Parliament.

In our democracy, we vote for the party. After that the party picks the Members of Parliament, depending on the voting pattern, the Counsel for Dhammika Perera said. The party picks the members after considering the preferential votes, he said. Article 9 (a) dealt with 196 elected Members. Article 99/A dealt with the other 29 National List MPs, he said.

All vacancies were filled in keeping with Section 5 of the Parliamentary Elections Act. When the names in the nomination papers are exhausted and if a vacancy occurs the party secretary concerned had the discretion to recommend a suitable candidate to the Commissioner of Elections, the Counsel argued.

Deputy Solicitor General Kanishka de Silva appeared for the Attorney General.

The DSG said that Article 99/A of the Constitution provided for the filling of the vacancy after a general election.

Article 64/1/4 deals with the filling of vacancies of elected members when there is a vacancy in Parliament, the Commissioner of Elections must contact the Secretary of the Party. The respondents in the petition had acted in compliance with the law, the DSG said.



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Police open fire on speeding van in Jaffna: 17-year-old driver killed

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The van shot by the police

Police are investigating the circumstances under which its men, manning a checkpoint, opened fire on a vehicle, killing a 17-year-old boy in Jaffna, in the early hours of yesterday (10).

Police said that they opened fire at a van that ignored orders to stop at the checkpoint. The dead youth was identified as Albino Arul Bias, a resident of Vaddukoddai. Bias was identified as the driver of the vehicle.

Sources said that the incident happened at a checkpoint at the Alaipiddy junction, along the Jaffna–Urkavalthurai road.

After the vehicle was brought to a stop, the teenage boy, who had been inside, was found to have sustained critical gunshot injuries. He was subsequently transported to the Jaffna Teaching Hospital for emergency treatment. Despite medical intervention, he later succumbed to his injuries.

Two other individuals, who were inside the vehicle, have been taken into custody by police. Authorities have stated that one of those arrested is from the Vaddukoddai area, while the other is from Nallur.

Assistant Superintendent of Police, Attorney-at-Law, F. U. Wootler said that the men had no option but to open fire as they were suspicious of the vehicle. “The incident happened around 1 am in the morning and their failure to heed the police order couldn’t be justified under any circumstances,” the spokesman said (SF)

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HRCSL employee protests demanding justice, takes swipe at Presidential Secretariat

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Ayanthini Shiromini protests opposite HRCSL main office at R.A. de Mel Mawatha yesterday (10) pic by Nishan S. Priyantha

‘There is no basis for her accusations’- HRCSL

By Shamindra Ferdinando

Permanent employee of Human Rights Commission of Sri Lanka (HRCSL) Ayanthini Shiromini yesterday (10) protested outside its main office at No 14, R.A. de Mel Mawatha, formerly Duplication road, in a bid to draw the attention of the Presidential Secretariat to her plight.

At the protest site, Shiromini told The Island that she had been relentlessly targeted since 2018 and the situation took a turn for worse in 2023 over her protest against the appointment of a particular member to an internal interview board and an incident pertaining to a complaint lodged against the then IGP Deshabandu Tennakoon.

Responding to a query regarding the 2018 developments, Shiromini said that she met with a near fatal accident in 2014 while engaged in official duty and depended on crutches for eight years and was recommended by a medical board to grant the opportunity for suitable work. Mother of two and post graduate social science in Kelaniya University and human rights at the Colombo University alleged that the HRCSL changed her status regardless of the recommendation made by the medical board.

Having failed to convince the top HRCSL administration to treat her fairly, Shiromi said that she sought the intervention of the Presidential Secretariat in late July 2025 to rectify the problems experienced by her.

She alleged that the Presidential Secretariat sided with the HRCSL and did absolutely nothing. “Instead of taking remedial measures, the Presidential Secretariat sent the file submitted by me against the HRCSL top management back to them. They shouldn’t have done that,” Shiromini said.

Shiromini staged a protest opposite HRCSL main office on the world human rights day on Dec 10, last year to highlight what she called injustice done to her by the HRCSL and the Presidential Secretariat. Shiromi said that she called off the protest after receiving an assurance from the Presidential Secretariat that two committees would be appointed to inquire into issues raised by her. “I had no option but to protest again as the Presidential Secretariat did nothing to address her grievances.”

A top spokesperson for HRCSL said that her allegations didn’t hold legal weight. The Parliamentary Ombudsman inquired into her accusations and the HRCSL fully explained the developments since the 2014 accident that took place in the Balangoda area.

The official said that after the accident she was granted the opportunity to work from home and other relief. “But we couldn’t have continued with the same indefinitely and she reacted angrily after a decision was made to treat her like a normal employee after the recovery,” the official said.

Shiromini has served the HRCSL since 2005. The official strongly denied allegations that Shiromini had been mistreated and harassed by a section of the HRCSL staff. “Of course, there had been a series of clashes with other employees and incidents provoked by the disgruntled worker but the HRCSL tried to address the issues in a systematic way,” the official said.

The official alleged that Shiromini exploited the post-Aragalaya situation for her advantage.

Shiromini said that she intended to continue the protest until the Presidential Secretariat ordered an investigation into the conduct of HRCSL top management. In a lengthy letter addressed to members of parliament, Shiromini named the Presidential Secretariat personnel who mishandled her case.

The HRCSL official said that in spite of her being a long-standing employee of the institution she seemed to be unaware that the President couldn’t appoint a committee to inquire into the HRCSL. “We do not have anything to hide,” the official said, calling the lone protester a quarrelsome employee.

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SL-EU Jt. Commission meeting tomorrow

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Sri Lanka and the European Union (EU) will hold the 27th Session of the EU-Sri Lanka Joint Commission in Colombo tomorrow (12). This high-level meeting will bring together senior officials from both sides to review and strengthen partnership across several areas, including governance, human rights, trade, development cooperation, and other bilateral and regional priorities.

The Joint Commission will be co-chaired by Ms. Aruni Ranaraja, Secretary to the Ministry of Foreign Affairs, Foreign Employment and Tourism of Sri Lanka, and Ms. Paola Pampaloni, Acting Managing Director for Asia and the Pacific of the European External Action Service (EEAS).

The visiting EU delegation will also meet senior Sri Lankan dignitaries to discuss collaborative approaches and concrete next steps to strengthen the ongoing partnership.

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