The Supreme Court of Sri Lanka has dismissed two fundamental rights petitions filed by former Minister Wimal Weerawansa and Amani Rishad Hameed, which sought a ruling to invalidate the Memorandum of Understanding signed with India regarding the implementation of the digital identity card project.

These petitions were taken up today before a three-member Supreme Court bench chaired by Chief Justice Preethi Padman Surasena.

The bench accepted preliminary objections raised by the Attorney General, stating that the petitions could not proceed further. 

As a result, the Supreme Court decided not to examine the petitions against the MOU between the Government of Sri Lanka and India regarding the digital identity card project for Sri Lankan citizens, and declared them dismissed. (Newswire)

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Sri Lanka’s Supreme Court on Wednesday ordered that fresh notices be issued to President Anura Kumara Dissanayake, Prime Minister Harini Amarasuriya and Cabinet members in connection with petitions challenging the government’s Digital ID project. 

The case was heard before a bench comprising Chief Justice Preethi Padman Surasena, Justice Kumuduni Wickramasinghe and Justice Sampath Wijeratne.  

The petitions, filed by former minister Wimal Weerawansa and others, seek to annul the Memorandum of Understanding signed between Sri Lanka and India on issuing digital identity cards for Sri Lankan citizens.

Appearing for the Attorney General, Solicitor General Viraj Dayaratne told the court that the Cabinet members and other respondents had not yet been served with notices. 

Lawyer Kanishka Witharana, representing a petitioner, asked for an early date. The bench directed the petitioners’ lawyers to issue fresh notices and fixed the next hearing for October 17.

The petitions name the President, the Prime Minister, Cabinet ministers and others — 31 respondents in total — alleging the agreements and related Cabinet decisions were taken without parliamentary or public disclosure and threaten constitutional rights, sovereignty, the economy and national security. 

They also argue that outsourcing the project to an Indian company contravenes procurement rules and undermines the Registrar of Persons, which has prepared a domestic framework.

Petitioners are seeking orders to invalidate the agreements and Cabinet decisions and to halt implementation of the Digital ID project. (Newswire)

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A fundamental rights petition has been filed before the Supreme Court of Sri Lanka, requesting a ruling to nullify the Memorandum of Understanding (MoU) signed between the Government of Sri Lanka and India for implementing the digital National Identity Card (NIC) project for Sri Lankan citizens.

The petition was submitted by social activist Lina Amani Rishard Hameed. The respondents named in the petition include the President in his capacity as Minister of Digital Economy, Prime Minister Dr. Harini Amarasuriya, and 27 other individuals, including Cabinet members.

According to the petition, two Cabinet decisions related to this matter were made on January 27 and June 2, without informing the public or Parliament.

It further states that through this MoU, India would gain access to biometric data and personal information of Sri Lankan citizens, thereby enabling interference in Sri Lanka’s internal affairs.

Stating that this would provide an opportunity for a foreign state to interfere in Sri Lanka’s sovereignty, national economy, national security and independence, the petition also points out that this constitutes a violation of fundamental human rights guaranteed by the Constitution.

Accordingly, the petition has requested the court to issue an order to invalidate the MoU with India and the relevant Cabinet decisions, and prevent the implementation of this digital NIC project. (Newswire)

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Deputy Minister of Digital Economy Eranga Weeraratne says the government expects to commence the issuance of Digital National Identity Cards (ENIC) from January 2025.

Addressing the media yesterday, Deputy Minister Weeraratne said all new NICs will transition to a digital format and that this initiative aims to address the delays currently experienced in obtaining NICs.

Giving further details on the initiative, he said the estimated cost of implementing the digital identity card system is Rs.20 billion.

He said that the government has decided to cover half of this cost through assistance from India to meet the financial burden.

Clarifying rumours surrounding the involvement of an Indian Company in the ENIC initiative, Deputy Minister Weeraratne requested the public not to be misled by unfounded claims made with various political motives.

The Deputy Minister explained that biometric data for the digital national identity card initiative has not been handed over to an Indian company, as claimed by many.

He said an agreement under the former government had provided access to the Indian Company, but under the NPP government, the agreement was amended.

Deputy Minister Weeraratne revealed that under the amended agreement, the Indian Company will only assist with the technical setup, while only Sri Lanka will have access to the system when uploading biometric data. 

He further clarified that under the ENIC initiative, only three key data will be collected as biometrics, which are fingerprints, face recognition, and iris recognition. (Newswire)

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The People’s Struggle Alliance has raised concerns over the government’s decision to entrust the issuance of digital identity cards to Sri Lankan citizens to an Indian company.

In a letter to Minister Vijitha Herath, the Alliance highlighted his recent statement claiming that, according to an agreement entered during the incumbent president’s Indian State tour, the power to issue digital identity cards to Sri Lankan citizens will be entrusted to an Indian company and that the government will finalise the MOU between the two parties regarding this agreement in January 2025. 

“We stress that this agreement poses an inevitable danger to democratic rights, national security, public security, the state economy, and the sovereignty of the State and its people. It is critically important to review the history of allowing the issuance of digital identity cards by an Indian company,” the Alliance said. 

The People’s Struggle Alliance further said; “We live in an era of information, and it is a massive risk for a country to give away its people’s information and data to another foreign country. A nation can be subjugated even just by acquiring the information of its people from another country. India is making that strategic intervention in Sri Lanka today. Given this, the public safety of the people of Sri Lanka is at grave risk.”

The Alliance stressed a proposal to immediately revoke the decision to hand over digital identity card work to an Indian company should be brought in Parliament while reaping the benefits of new technological developments. (Newswire)

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