The Supreme Court will commence consideration of the 67 petitions filed against the Government’s 22nd Amendment to the Constitution Bill at 10.00 am today.

Of the petitions, 41 have been lodged through the online system, marking a notable feature in the proceedings.

In addition, five petitions have been filed challenging the Judicial Organizations Amendment Bill presented to Parliament.

Chief Justice Preethi Padman Surasena has appointed a five‑judge bench to examine the cases, with himself presiding. 

The other members are Achala Wengappuli, Arjuna Obeysekera, Sampath Abeykoon, and Gihan Kulatunga.

The Court last evening issued a notice to the Attorney General directing him to present submissions regarding the petitions. (Newswire)

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Artist Iraj Weeraratne and a group representing the Social Media Journalists for Democracy have filed a petition before the Supreme Court challenging the proposed 22nd Amendment to the Constitution.

The petition was filed on Tuesday (25), opposing the proposed constitutional amendment.

Iraj Weeraratne, Nilantha Sathsara Gamage, Chamara Wijesuriya and Nandana Kuda Meegoda appeared as petitioners representing the organisation.

The group is seeking the Supreme Court’s intervention over the proposed 22nd Amendment. (Newswire)

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Speaker Jagath Wickramaratne today informed Parliament that he has received copies of two additional petitions filed against the 22nd Constitutional Amendment Bill.

The Speaker noted that these submissions come on top of the seven petitions already received on August 19 and 20. 

He explained that three petition copies were handed in on August 19th, followed by four more on August 20th.

With today’s additions, a total of nine petitions challenging the 22nd Amendment Bill have now been received by the Speaker. (Newswire)

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Three entities filed a writ application before the Court of Appeal today (01 Oct), challenging the Inland Revenue Department’s decision to abolish the Simplified Value Added Tax (SVAT).

The Inland Revenue Department recently announced the abolition of the Simplified Value Added Tax and the introduction of the Risk-Based Refund Scheme (RBRS), with effect from 01st October 2025.

According to the Chairman of the Free Trade Zone Manufacturers’ Association, the petitioners claim that the move has been made without first operationalising the legally mandated automated refund mechanism. 

The RBRS scheme aims to facilitate timely and efficient VAT refunds for eligible exporters and projects. While refunds will be issued within 45 days, subject to conditions. 

Refunds will be issued to eligible VAT registrants for taxable periods commencing on or after 01st October 2025, based on a risk-based rating system.

As such, eligible VAT registrants will be evaluated by being classified into three categories: low, medium, and high risk, to determine how refunds are processed. 

Eligible VAT registrants for VAT refunds under the new scheme are exporters, projects, and suppliers to projects. (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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The Supreme Court has granted leave to proceed with a fundamental rights petition filed by two women challenging a Gazette notification that restricted applications for the post of Station Master at Sri Lanka Railways to men only.

The petition was filed by Ayeshani Jayawardena and Suresh Vidusha, who claim the Gazette violates their fundamental rights under Articles 12(1) and 12(2) of the Constitution, which guarantee equality before the law and prohibit discrimination based on sex.

The petitioners argue that the decision by the Department of Railways to specify “male applicants only” for 106 Station Master vacancies, advertised on June 13, constitutes unlawful gender discrimination and infringes on their right to pursue employment of their choice.

Attorney Nuwan Bopage, appearing for the petitioners, told the court today that the Gazette’s clause excluding female applicants was unconstitutional and should be struck down. 

The petitioners are seeking a directive to remove the gender-specific clause and declare that their fundamental rights have been violated.

Taking into consideration the facts, the Supreme Court bench comprising Justices A.H.M.D. Nawaz, Priyantha Fernando, and Sampath Wijeratne granted leave to proceed with the petition and fixed the case for hearing on August 27. (Newswire)

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The Supreme Court of Sri Lanka has granted leave to proceed with a Fundamental Rights (FR) Petition filed challenging Lyca Group’s acquisition of over 11 media institutions and broadcasting licenses.

The FR petition, filed by social activist Jamuni Kamantha Thushara, was taken up for consideration today.

The petitioner claims that the Lyca Group has violated the law of Sri Lanka in acquiring the 11+ media and broadcasting licenses, including the licenses formerly owned by EAP Group, pointing out serious national security threats.

The Supreme Court bench, comprising of Justice Janak de Silva, Justice Menaka Wijesundara, and Justice Sampath Abeyakoon, granted leave to proceed with the FR petition.

President’s Counsel Uditha Egalahewa with Attorney-at-Law N.K.Ashokbharan appeared for the petitioner.

Former Attorney General (Retired) Sanjay Rajaratnam, President’s Counsel Shavendra Fernando, President’s Counsel Chandaka Jayasundara, and President’s Counsel Saliya Peiris appeared for several Respondents.

Additional Solicitor General Sumathi Dharmawardhana with Additional Solicitor General Viveka Siriwardena appeared for the State parties.

The petition is fixed for argument on 2nd December 2025. (Newswire)

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The Supreme Court of Sri Lanka has decided to hear nine petitions filed against the appointment of Deshabandu Tennakoon as the Inspector General of Police (IGP).

Accordingly, a five-judge bench of the Supreme Court will hear 09 Fundamental Rights petitions challenging Deshabnadu Tennakoon’s appointment, which allege that it violates the Constitution.

The FR petitions will be taken up for hearing on May 6, 7 and 8.

Nine petitions were filed by several parties, including Archbishop Cardinal Malcolm Ranjith, challenging former President Ranil Wickremesinghe’s decision to appoint Tennakoon as the IGP. 

The petitioners had sought an interim order preventing Deshabandu Tennakoon from functioning as the IGP due to his past record, including his previous conviction by the Supreme Court for having violated the fundamental rights of an individual at the Mirihana Police Station in 2011. (Newswire)

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The Attorney General raised preliminary objections before the Court of Appeal today, requesting that the petition filed seeking the issuance of a directive to revoke the Parliamentary seat of Minister of Public Security, Ananda Wijepala, be dismissed without examination.

The petition filed by Sri Lanka Podujana Peramuna (SLPP) Administrative Secretary Renuka Perera was taken up for consideration before the Acting President of the Court of Appeal Mohamed Lafar Tahir and Justice K.M.S. Dissanayake. 

Representing the Attorney General, the Additional Solicitor General told the court that the most important stakeholders had not been named as respondents in the petition. 

Pointing out that the President’s Chief of Staff is appointed by the President’s Secretary on the President’s directive, the Additional Solicitor General said the President’s Secretary has not been named as a respondent, which was a serious legal deficiency. 

Accordingly, the Additional Solicitor General said there was no possibility of continuing this petition and requested that it be dismissed without examination.

At this point, Attorney Upul Kumarapperuma, appearing before the court on behalf of the respondent Minister Ananda Wijepala, argued that the appointment of the Chief of Staff of the President was made by the President himself, and that challenging the official act of the President before the Court of Appeal by filing a writ petition was not permissible.

Therefore, Attorney Upul Kumarapperuma presented his preliminary objections, stating that the Court of Appeal did not have the jurisdiction to consider this petition and requested that it be dismissed.

Attorney Vishva Perera, appearing on behalf of the petitioner, mentioned that the appointment of the Minister as the Chief of Staff of the President would not, in any way, be challenged by him.

He emphasized that his contention was solely based on the fact that the respondent Minister was not qualified to sit in Parliament or cast a vote.

Considering the presented arguments, the Acting Chairman of the Court of Appeal stated that, since the respondents have raised preliminary objections regarding the possibility of proceeding with this petition, it is necessary to first issue a ruling on that matter.

Therefore, the judge instructed all parties involved in the petition to submit their written submissions on the preliminary objections by 18 March 2025. (Newswire)

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The petition filed by businessman C.D. Lenawa preventing the calling of a Presidential election has been dismissed by the Supreme Court of Sri Lanka. 

The Judgement on the petition was issued today by the five-judge bench of the Supreme Court headed by Chief Justice Jayantha Jayasuriya.

The Fundamental Rights Petition filed by businessman Chamindra Dayan Lenawa sought a clear interpretation of the President’s term in office, as the 19th Amendment defines the tenure as 05 years in one context and 06 years in another.

In his petition, the businessman emphasised the need for the Court to clarify the exact duration of the President’s term and called for an interim order to delay the upcoming presidential election until this interpretation is provided.

Meanwhile, three intervening petitions were also filed, including by the Opposition Samagi Jana Balawegaya (SJB) and the National Peoples Power (NPP), concerning the FR petition filed by businessman Lenawa. 

The petition by the businessman was taken up for hearing today before the 5-judge bench of the Supreme Court consisting of Chief Justice Jayantha Jayasuriya, and Justices Vijith Malalgoda, Murdu Fernando, Preethi Padman Surasena, and S. Thurairaja.

During the hearing of the petitions earlier today, the Acting Attorney General informed the Supreme Court that as per the current Constitution, the President’s tenure is interpreted as five years. 

The outcome of this petition could have far-reaching implications for the political landscape and the upcoming presidential election which is currently expected to be held in October this year. (Newswire)

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The Supreme Court of Sri Lanka has ordered to dismiss the Fundamental Rights (FR) Petition filed by Tamil National Alliance (TNA) MP M. A. Sumanthiran challenging the Speaker’s signing of the Online Safety Bill into law.

Filing the petition, MP Sumanthiran challenged the passing of the Online Safety Bill in Parliament, calling on the Supreme Court to issue an order that how the bill was passed in Parliament was against the law. 

MP Sumanthiran had claimed that the Online Safety Bill has not been adopted legally as the government had failed to include the Supreme Court’s determination on the said Bill at the time it was being passed in Parliament.

However, Supreme Court justices Priyantha Jayawardena, Shiran Gunaratne, and Achala Wengappuli refused leave to proceed with the petition without taking it up for examination. (NewsWire)

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A group of Opposition Parliamentarians, including those from the Samagi Jana Balawegaya (SJB), today filed a petition at the Supreme Court of Sri Lanka challenging the recently gazetted Online Safety Bill. 

The petition was filed by SJB General Secretary MP Ranjith Madduma Bandara, the Vice Chairman of the SJB Youth Front Rehan Jayawickrama, and Independent MP Professor G.L . Peiris. 

The petitioners claim that the Bill violates the fundamental rights of the public, and must be passed with a 2/3rd majority in Parliament as well as a referendum.

The Online Safety Bill was published in the Sri Lankan Government Gazette in September 2023.

Key objectives of the bill include establishing the Online Safety Commission, making provisions to prohibit online communication of certain statements of fact in Sri Lanka, preventing the use of online accounts and inauthentic online accounts for prohibited purposes, making provisions to identify and declare online locations used for prohibited purposes in Sri Lanka, and to suppress the financing and other support of communication of false statements of fact. (NewsWire)

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Several intervening petitions have been filed at the Supreme Court of Sri Lanka supporting Sri Lanka Podujana Peramuna (SLPP) MP Premnath Dolawatte’s Private Members Bill that decriminalises same sex consensual relationships. 

The intervening petitioners have submitted that if the proposed Bill is enacted by Parliament that it will remedy a long-standing injustice against the LGBT community in Sri Lanka.

The intervening petitions have been filed by former Vice Chancellor of the University of Colombo, Prof. Savithri Gunasekara; former Human Rights Commissioner, Ramani Muttetuwegama; former Chairperson of the National Child Protection Authority, Natasha Balendra; former Chairperson of the Human Rights Commission of Sri Lanka and former UN Undersecretary General for Children Radhika Coomaraswamy; Child Rights Activist Dr. Tushara Wickremanayaka; Executive Director of the Family Planning Association (“FPA”), Thushara Ranasinghe; Director of Advocacy of the FPA and former Child Protection Advisor at Save the Children and Coordinator for the National Partnership to End Violence Against Children, Sonali Peiris; Programme Officer for HIV Services in South East Asia, Jake Oorloff; Equality Director of iProbono, Aritha Wickramasinghe; Executive Director of the National Transgender Network, Bhoomi Harendran and LGBT Human Rights organisation Equal Ground.

President’s Counsels Sanjeewa Jayawardena and Dilrukshi Wickremasinghe and Attorneys-At-Law Thishya Weragoda and N.K. Ashokbaran are among the senior lawyers representing the intervening-petitioners. 

Furthermore, the intervening-petitions all dismiss the submissions made by Political activist Jehan Hameed, journalist Shenali Waduge and former Brigadier Athula De Silva, that the Penal Code amendment bill will expose children to child abuse. 

The petitioners point out that there are sufficient provisions in the Penal Code to protect children from abuse, including the following sections, none of which are being amended or repealed:

1. 286A “Obscene Publication exhibition relating children”;
2. 288A “Hiring or employing children to act as procurers”;
3. 288B “Hiring or employing children to traffic in restricted articles”;
4. 360B “Sexual Exploitation of Children”;
5. 360E “Soliciting of a child”;
6. 363 “Rape”; and
7. 365B “Grave Sexual Abuse”.

The petitioners have also argued that Section 365B of the Penal Code defines “Grave sexual abuse” as “any act” done for sexual gratification “by the use of [his] genitals or any other part of the human body or any Instrument on any orifice or part of the body of any other person”, clearly demonstrating that the laws are sufficient to cover all aspects of sexual abuse done by a person to a child. Section 365B includes any form of touch, including touch with hands, of any part of the victim’s body; oral rape; anal rape, etc. These provisions cover all forms of sexual abuse and exploitation of children irrespective of gender or sexual orientation.

The petitioners argue that, therefore, the allegations that decriminalisation of LGBT people will expose children to abuse with no legal recourse is malicious, unfounded and a lie. It recycles the unfounded myth that LGBT people are child predators, despite statistics showing that the overwhelming majority of child sexual abuse is committed by heterosexual men. 

Meanwhile, the Family Planning Association has argued that Jehan Hameed and Shenali Waduge’s attempt to create a “nexus between decriminalization of homosexuality, and HIV/STI is unscientific, baseless, false, and fictitious.”

The Intervening-Petitioners state that, “using HIV/AIDS to fearmonger people against homosexuality is an old, and outdated propaganda technique”.

Several of the intervening-petitioners, including the Family Planning Association have argued that “punitive laws have been shown to block HIV service access and increase HIV risk. Countries such as Sri Lanka, that criminalize key populations saw less progress towards HIV testing and treatment targets.” They further argued that “decriminalization is a critical element to end AIDS by 2030.”

The intervening-petitioners also informed the Court that the National HIV/STI Strategic Plan for Sri Lanka as prepared by the Ministry of Health’s STD/AIDS Control Programme support decriminalisation of homosexuality and LGBT people by stating that “…the two Penal codes criminalize same sex relations and create a barrier to MSM  [men who have sex with men] and TG [transgender persons] accessing HIV/STI services. In order to prevent HIV among these groups it will be important to advocate for revisiting laws that impede service uptake…”

The intervening petitions also highlight that several Buddhist and Christian leaders have expressed their support for the LGBT community and their rights. Recently, Pope Francis made a statement that laws that criminalise LGBT people are a sin and that countries must repeal laws that criminalise LGBT people. 

Political activists Jehan Hameed, journalist Shenali Waduge and former Brigadier Athula De Silva, filed a petition in the Supreme Court challenging the Constitutionality of the Penal Code (Amendment) Bill. 

The Bill, proposed by MP Premnath Dolawatte, aims to amend and repeal parts of Sections 365 and 365A of the Penal Code. These laws have been overwhelmingly used to criminalise the lives of LGBT people, including subjecting them to forced anal and vaginal examinations by the State. (NewsWire) 

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Transparency International Sri Lanka (TISL) has filed a petition against the steps taken by the Cabinet of Ministers, the Minister of Health, the Ministry of Health, and the National Medicines Regulatory Authority (NMRA) to procure medical supplies from two Indian private companies.

Issuing a statement, TISL stated that the fundamental rights petition was filed at the Supreme Court of Sri Lanka in the public interest yesterday, naming 47 Respondents.

The petition challenges the role of the cabinet of ministers in procuring medical supplies through unregistered private suppliers, the role of the NMRA in providing a Waiver of Registration to procure medical supplies from unregistered suppliers, non-compliance with procurement guidelines including the emergency procurement process, and abuse of process by the Minister of Health and the Chief Executive Officer of the NMRA.

In its petition, TISL alleges that the citizen’s fundamental right to equality (Article 12(1)) and the right of access to information (Article 14A) have been violated, along with serious disregard for the health, safety and well-being of the people and in total abuse of public trust and public funds. TISL seeks further information on these transactions.

The petition also seeks interim orders against the procurement based on this unsolicited proposal and the placing of any orders, approvals for Waiver of Registration of 38 drugs, importation of said drugs into Sri Lanka and, making payment for such drugs.

The Commission to Investigate Allegations of Bribery or Corruption, the Director-General of Customs, the Inspector-General of Police, Savorite Pharmaceuticals (Pvt) Limited, Kausikh Therapeutics (P) Limited and the Attorney-General are also named as Respondents in this petition.

TISL petition: https://bit.ly/3YUcKdj (NewsWire)

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