News

SLPP constituent proposes recognition of dissidents, stricter controls on lawmakers et al

Published

5 years ago

2021/01/6

By Shamindra Ferdinando

The civil society group Yuthukama, represented in parliament, having been elected on the SLPP ticket, has proposed that dissident lawmakers be constitutionally empowered to function independently.

The Speaker’s recognition should recognise them if 25 per cent of members elected from a particular party or over 5 per cent of the 225-member parliament take a common stand contrary to that of the position taken by a political party.

This is one of the constitutional proposals, Yuthukama recently handed over to the 9-member Expert Committee tasked with formulating a new Constitution subject to parliamentary approval. Eminent President’s Counsel Romesh de Silva heads the committee formed by Justice Minister Ali Sabry, PC.

Yuthukama Chairman and SLPP National List MP Gevindu Cumaratunga told The Island that they initially handed over their proposals to the Maha Sangha and President Gotabaya Rajapaksa in February last year. “We subsequently, developed the proposals, in consultations with those interested in the formulation of a new constitution and handed them over recently,” lawmaker Cumaratunga said.

In addition to the prominent civil society activist Cumaratunga, Anupa Pasquel (Kalutara district) represents Yuthukama in parliament. Responding to another query, MP Cumaratunga said that they would like an opportunity to make further representations before the Expert Committee.

Yuthukama made a spate of proposals meant to improve what Cumaratunga called genuine public representation in parliament. Main among them were (1) 70 elected on first past the post system, 20 per cent elected from among the best losers in proportional representation and 10 per cent through the National List on the basis of countrywide votes (2) Elected members will lose parliamentary seats in case the party removed them or they themselves quit. In such a scenario, Yuthukama has proposed holding of a by-election whereas those accommodated on the National List or categorized as best losers enjoy an opportunity to move the court on the basis they adhered to party manifestos (3) a member should at least serve two terms to earn the pension right (4) The candidate securing the largest block of electoral seats should be elected the President instead of the highest number of votes (5) Local Government system should be revamped with 75 per cent of members elected directly and the rest picked from the best losers in terms of the proportional representation and (6) Transformation of Provincial Councils to efficient mechanisms with the participation of members of parliament.

Of political parties and civil society groups represented in the SLPP only the National Freedom Party and Yuthukama submitted constitutional proposals before the expiry of the deadline on Dec 31, 2020.

The two major parties in the parliament the SLPP (145 seats) and the SJB (54 seats) and the JVP (3) refrained from handing over their proposals. Chief Opposition Whip Lakshman Kiriella told The Island that the SJB was of the view that the Expert Committee should examine the constitutional proposals on which consensus was reached during the previous administration.

The Expert Committee is expected to finalize the process before the Sinhala and Tamil New Year.

Referring to President Gotabaya Rajapaksa’s speech delivered at the last Independence Day, lawmaker Cumaratunga pointed out the need to ensure equality among the Office of the President, the Legislature and the Judiciary. Recollecting the crises caused due to inequality during previous presidencies, Cumaratunga proposed the (1) restriction of the number of cabinet ministers to 30, including the PM who should earn the support of the majority of members and the appointment of ministers on the agreement/recommendation of the PM (2) the number of Deputy Ministers 50 also on the agreement/recommendation of the PM (3) The President should be empowered to remove any minister or deputy minister on the completion of one year since the last election (4) constitutional provision to prevent the appointment of State Ministers, a move Yuthukama alleged is meant to allow them to enjoy ministerial perks at the taxpayers’ expense.

Yuthukama also proposed a wider Constitutional Council instead of the five-member Parliamentary Council established in terms of the 20th Amendment to the Constitution. In a move that may raise eyebrows of government members, Yuthukama endorsed the appointment of five members of the previous Constitutional Council in agreement between the Prime Minister and the Opposition Leader.

However, Yuthukama found fault with the way the previous administration accommodated the TNA leader as the Opposition Leader at the expense of the Joint Opposition thereby undermining the very basis of the Constitutional Council. Taking into consideration how the yahapalana administration manipulated the parliamentary process, Yuthukama proposed (1) Opposition Leader should be elected on the basis of majority support among Opposition members. Those who represented political parties that received cabinet or Deputy portfolios shouldn’t be considered Opposition members under any circumstances (2) Speaker, Prime Minister and Opposition Leader should be ex-officio members of the Constitutional Council (3) Civil society should be represented by four persons.

Yuthukama also reiterated its commitment for unitary status of the country.

In another proposal contrary to the 20th Amendment, Yuthukama proposed that the appointment of judges to higher courts, Attorney General, IGP and members of Independent Commissions by the President should be subjected to the approval of the Constitutional Council.

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Govt. assures UN of readiness to introduce ‘vetting process’ for troops on overseas missions

Published

8 hours ago

2026/04/28

Sahan Weerasooriya

Thuyakontha

Defence Secretary (retd.) Air Marshal Sampath Thuyakontha has discussed with UN officials in New York the deployment of Sri Lankan troops in Haiti, under a new UN authorised force, tasked with tackling heavily armed gangs operating in the violence ravaged country.

The UN is in the process of building up a force comprising approximately 5,500 officers and men for deployment in Haiti.

The Sri Lankan delegation included Sri Lanka’s Permanent Representative to the UN, former Chief Justice Jayantha Jayasuriya. The UN has tagged the deployment Gang Suppression Force (GSF).

According to the Defence Ministry, Sri Lanka negotiated a Memorandum of Understanding (MoU) regarding the GSF. Although Sri Lanka has contributed to UN-led missions, the proposed deployment differed due to the nature of the operation, sources told The Island.

The delegation has assured that all personnel, assigned for UN missions, including the proposed GSF deployment in Haiti, would be subjected to a comprehensive screening process, in line with UN standards. War-winning Sri Lanka has declared, in New York, that the country was in the process of developing, what the Defence Ministry here called, National Human Rights Vetting Mechanism in consultation with the UN Resident Coordinator in Colombo.

The US has backed the deployment of Sri Lankan troops under UN command. Various interested parties, over the years, protested against the deployment of Sri Lankan troops on the basis of unsubstantiated war crimes allegations.

Thuyakontha has assured that troops would maintain highest standards of discipline during overseas missions. Sri Lanka brought the war here to a successful conclusion in May 2009 against predictions of contrary outcome by so-called experts.

The US and Panama proposed the GSF to replace a Kenya-led multinational force undermined by a lack of funding. Its strength hovered around 1,000, rather than the desired 2,500. The U.N. Security Council authorised the 5,500 strong force on September 30, 2025, with the new power to arrest gang members.

By Shamindra Ferdinando

News

Lawyers cannot be denied right to represent a suspect – Udaya

Published

8 hours ago

2026/04/28

Sahan Weerasooriya

Sallay

Sallay’s case:

Attorney-at-law Udaya Gammanpila yesterday (27) said a lawyer could not be deprived of his or her right to represent a client.

The former Minister and leader of Pivuthuru Hela Urumaya (PHU) Gammanpila said so addressing the media at the party headoffice at Pita Kotte. Gammanpila was responding to recent media reports that he had been prohibited from representing retired State Intelligence Service (SIS) Chief Maj. Gen. Suresh Sallay. Therefore, there was absolutely no basis for claims that he had been barred from meeting the retired officer, now named the third suspect in the Easter Sunday case, the ex-parliamentarian said.

Gammanpila emphasised that in terms of the Constitution a suspect’s right to be represented by a lawyer was recognised as a fundamental right. The Criminal procedure Code, too, guaranteed the suspect’s right to consult a lawyer, the ex-lawmaker said, pointing out that the Judicial Organisation Act underscored the same.

Declaring that the retired officer’s wife had named him as Sallay’s lawyer in a letter addressed to Director, CID, Gammanpila said that the courts, police and the Attorney General’s Department couldn’t under any circumstances interfere with his right to represent Sallay.

The CID arrested Sallay on 25 February and detained him under Prevention of Terrorism Act (PTA) for a period of 90 days. Sallay has filed a writ petition before the Court of Appeal through his lawyers, challenging his arrest and detention by the CID under the PTA.

Former Minister Gammanpila said that even if a Magistrate had the power to prohibit a lawyer from representing a particular suspect, such a course of action couldn’t be resorted to without giving the lawyer concern an opportunity to explain his/her actions.

Declaring that in case of misconduct on the part of a lawyer only the Supreme Court could take disciplinary action, the PHU leader said, adding that he sought a certified copy of the proceedings of the day when a section of the media reported the Magistrate’s declaration of the purported ban. Gammapila said that he was really keen to know what happened during the proceedings on that day.

Sallay served as Director, Directorate of Military Intelligence (DMI) from 2012 to 2016 and received the appointment as head of SIS following the 2019 presidential election. Sallay held that appointment till early October, 2024.

Gammanpila said that he couldn’t be barred for speaking to the media after meeting Sallay, currently held under PTA, or for authoring a book on the 2019 Easter Sunday carnage. According to Gammanpila as long as the suspect had no objections to his lawyer sharing some information with the media it shouldn’t be an issue for Additional Solicitor General Dileepa Peiris.

By Shamindra Ferdinando

News

Police seek Interpol help to probe monks nabbed with narcotics at BIA

Published

8 hours ago

2026/04/28

Sahan Weerasooriya

Police investigating the thwarted a bid made by 22 Buddhist monks to smuggle in narcotics, with a street value of Rs 660 mn via BIA, from Thailand, over the weekend, believe the monks who organised the clandestine operation had sent groups of monks to Thailand before.

Sources said that they had brought in narcotics on earlier occasions.

Police have seized the mobile phones used by the suspects and sought INTERPOL assistance.

Earlier, the Negombo Magistrate’s Court remanded those 22 monks, arrested in connection with the largest drug bust in the airport’s history.

The monks were produced before the Negombo Magistrate’s Court and ordered to be held in custody until 02 May, as investigations continue into the alleged smuggling operation and any wider networks involved.

However, other sources said that more than 110 kilogrammes of suspected Kush and Hashish, with an estimated street value exceeding Rs 1.1 billion, had been found, concealed in false-bottoms of their suitcases. The bags reportedly packed with school supplies and sweets are said to have contained over five kilogrammes of narcotics per individual.

The arrests followed a raid by the Police Narcotics Bureau on Saturday night. Investigators have also recovered mobile phone evidence indicating that the group had travelled to Bangkok on 22 April using airline tickets allegedly given by a sponsor. Authorities allege that the suspects were photographed in civilian clothing, while overseas, engaging in activities deemed suspicious.

Police say this marks the first reported instance of a large-scale narcotics operation via the airport involving Buddhist monks. The suspects are young monks from different parts of the country.

By Norman Palihawadana