Further consideration of petitions against 20A on Monday

The Supreme Court will resume further consideration of petitions filed challenging the draft bill of the 20th Amendment to the Constitution Monday (04).

Consideration of the petitions commenced this morning (02) before the five-member judge bench, chaired by Chief Justice Jayantha Jayasuriya, for the third day. The bench consists of Supreme Court justices Buwaneka Aluwihare, Sisira de Abrew, Priyantha Jayawardhane and Vijith Malalgoda.

When the petitions were taken up today, the attorneys representing all 39 petitions against the constitutional amendments concluded their oral submissions against the original draft of the 20th Amendment during today’s proceedings.

President’s Counsel Sanjeewa Jayawardena, appearing on behalf of the petitioners, stated that Article 23 of the proposed bill severely hampers the freedom of the press.

He pointed out that the Article empowers the Election Commission to issue guidelines to private media outlets in the event of an election of a referendum which would jeopardise the press freedom.

He noted that it is in direct violation of the sovereignty of the people guaranteed by the Constitution.

Recalling a previous ruling by the Supreme Court pertaining to a similar provision included in the 19th Amendment to the Constitution that empowered the Election Commission to take over media institutions that breach the guidelines and appoint a competent authority.

He highlighted that the Supreme Court previously ruled that such would adversely affect the sovereignty of the people.

Pointing out that the provision of the present bill is similar to that of the 19th Amendment, the President’s Counsel said the draft bill should be referred to a referendum for passing, as it is in direct conflict with the sovereignty of the people.

Appearing on behalf of the interim petition filed by the Minister of Education Prof. G.L. Peiris, President’s Counsel Gamini Marapana said the 19th Amendment was passed without a referendum. He argued that therefore, it is illogical to say that the 20th Amendment should be referred to a referendum.

Recalling a previous event where the Supreme Court ruled that the 13th Amendment to the Constitution, being the most serious constitutional amendment, having introduced the system of provincial councils to Sri Lanka, could be passed without a referendum, President’s Counsel Marapana noted that therefore a referendum is not required to pass the provisions in the 20th Amendment.

President’s Counsel Sanjeewa Jayawardena made submissions yet again, but this time representing Venerable Omare Kassapa Thera and Ministers Nimal Siripala de Silva and Gamini Lokuge.

He pointed out that according to the Constitution of Sri Lanka, amendments such as changing the name of the country, change with regard to the unity of the country, changes to the national flag/ national anthem/ national day, amendments to the sovereignty of the people, amendments to the provisions on safeguarding Buddhism and deprivation of the fundamental right to the freedom from torture should be referred to a referendum vote.

Noting that the petitioners have made strong accusations against the reintroduction of the emergency bills submission system through the 20th Amendment, the President’s Counsel said such a system is pivotal in immediate passing of the legal provisions in the event of a state of emergency in the country.

He further noted that the government took steps to introduce such a system via the draft bill of the 20th Amendment to the Constitution, with a view of passing laws in the event of an emergency such as the COVID-19 pandemic.

Concluding his submissions, President’s Counsel Jayawardena pointed out that the bill could simply be passed by a two-thirds majority in the Parliament.

Thirty-nine petitions in total were filed against the draft bill of the 20th Amendment, citing the Attorney General as the respondent.

The petitions have been put forward by Election Commission member Professor Ratnajeevan Hoole, Samagi Jana Balawegaya (SJB), UNP General Secretary Akila Viraj Kariyawasam, UNP Deputy Leader Ruwan Wijewardene, Samagi Jana Balawegaya (SJB) Youth Wing Chairman Mayantha Dissanayake and Attorney-at-Law P. Liyanaarachchi of the Sirilaka Janatha Peramuna, Transparency International Sri Lanka (TISL), former Governor and Executive Director of the Campaign for Free and Fair Elections (CaFFE) Ranjith Keerthi Tennakoon, human rights activist Abdul Zanoon and many others.

Meanwhile, Ministers Nimal Siripala de Silva, Gamini Lokuge and Prof. GL Peiris have filed interlocutory petitions seeking permission to present cross-submissions pertaining to the petitions challenging the 20th Amendment draft bill.

In addition, MPs Sagara Kariyawasam, Venerable Omare Kassapa Thera, M. Dayaratne, W.A. Weerathilake and P.G.B. Abeyratne also filed interlocutory petitions.

When the petitions were taken up on Tuesday (29), Attorney General Dappula de Livera informed the court that the Government has decided to add several amendments to the draft of the 20th Amendment to the Constitution during the committee stage in Parliament.