BASL Calls For MPs To Vote Freely On 22A

The Bar Association of Sri Lanka (BASL) has called on all political parties represented in Parliament to allow Members of Parliament to vote according to their conscience when theTwenty-Second Amendment to the Constitution Bill is taken up for consideration.

In a statement issued following the Supreme Court’s determination on the Bill, the BASL noted that the Court had ruled that the proposed amendment does not require approval by the people at a referendum.

The BASL stressed that the determination should not be interpreted as a judgment on whether the amendment represents good or bad policy, whether it is desirable or undesirable, or whether Parliament should ultimately enact it.

The Association pointed out that Sri Lanka’s constitutional history has seen numerous amendments that met constitutional requirements but nevertheless had adverse consequences for democracy, constitutionalism, judicial independence and the rule of law.

According to the BASL, the responsibility now rests entirely with Parliament and each individual Member of Parliament to decide whether the proposed amendment should be enacted.

In making that decision, MPs should carefully consider the possible and probable consequences of the amendment, as well as concerns regarding the lack of transparency and the absence of a comprehensive consultative process in its introduction.

The BASL urged all political parties to permit MPs to speak and vote freely on the amendment and stated that lawmakers should adopt a principled position based on their constitutional responsibilities, representative role and duty to the sovereign people of Sri Lanka.

Sri Lanka tables new anti-terror bill to replace PTA with court oversight, detention limits

Sri Lanka has gazetted a new Protection of the State from Terrorism Bill, which will repeal its controversial Prevention of Terrorism Act (PTA) and replace it with a legal framework that introduces judicial oversight, detention limits, review mechanisms and safeguards for media, protest and dissent.

The bill was published in a Gazette Supplement dated September 22.

If enacted, offences causing death could carry life imprisonment, while other terrorism offences could attract prison terms of up to 20 years and fines of up to 20 million rupees.

The proposed law criminalises joining or supporting proscribed organisations, recruitment, funding, terrorist training, dissemination of publications intended to induce terrorism and withholding information relating to terrorist offences.

Participation in protests, advocacy, dissent, strikes, lockouts or humanitarian and medical activities would not by itself be sufficient grounds to infer terrorism-related intent.

Arrested suspects must be produced before a magistrate within 48 hours, unlike under the PTA.

Detention orders can be issued for up to two months at a time by the Defence Ministry Secretary, but extension beyond two months needs High Court approval.

The total detention period under detention orders cannot exceed one year from the date of the initial order.

The bill also establishes an Independent Review Committee, chaired by a retired Supreme Court or Court of Appeal judge, to review detention orders and recommend whether they should be confirmed, varied or revoked.

Magistrates would be required to see suspects in camera, monitor their wellbeing and order medical examinations where there are allegations or suspicions of torture or ill-treatment.

Authorities would be required to notify next of kin, the Human Rights Commission and the Inspector General of Police of arrests.

The Human Rights Commission would be entitled to make unannounced inspections of approved detention facilities, while magistrates would be required to visit detention centres monthly.

The bill states that suspects must be treated humanely and granted access to lawyers and relatives.

Statements made to magistrates would be admissible only if procedural safeguards are met, including judicial medical examinations before and after recording statements.

The bill provides exemptions for journalism, academic research, legal proceedings, artistic expression and public-interest communications.

It states that ‘fair’ and ‘accurate’ reporting, commentary or analysis by journalists and media organisations, academic work, civil society advocacy and legitimate political discourse should not in themselves constitute offences under provisions dealing with inducement to terrorism or terrorist publications.

The bill retains powers for the President to proscribe organisations believed to be engaged in acts amounting to terrorism.

The bill formally repeals the Prevention of Terrorism (Temporary Provisions) Act No. 48 of 1979, though ongoing investigations, trials and prosecutions initiated under the PTA would continue under transitional provisions.

The government says the new legislation seeks to balance national security requirements with constitutional rights, judicial oversight and international human rights standards.

Parliament will have to debate and approve the bill before it becomes law.

Easter Sunday Convict Claims ‘Real Culprits Are Still Free’ After 200-Year Sentence

One of the convicts sentenced in the Easter Sunday attacks case told open court that those truly responsible for the 2019 terror attacks remain at large and that he is prepared to provide evidence if given the opportunity to assist in delivering justice.

The statement was made by the sixth accused, Mohamed Anwar Mohamed Riskan alias Abu Thariq, after he was convicted and sentenced to 200 years’ imprisonment in the landmark Easter Sunday attacks case.

Making a plea for leniency after being found guilty, Riskan told the court that those who committed the wrongdoing should be punished, while maintaining that he and his family had not committed any offence.

The verdict in the long-running Easter Sunday case was delivered on Tuesday (22) night by a three-judge bench of the Colombo High Court comprising Navaratna Marasinghe, Ramanathan Kannan and Sujeewa Nissanka. Riskan was found guilty of the charges against him and sentenced to 200 years’ imprisonment.

Throughout the trial, Riskan did not make any statements before the court and was not represented by legal counsel. It was only during his mitigation plea before sentencing that he addressed the court.

During his statement, Riskan said:

“My family has done nothing wrong to the victims. Allah knows we have done nothing wrong. Something happened and we became caught up in it. There is no smoke without fire. The people who should be held responsible for this are still outside enjoying their freedom. Those who are outside and connected to this incident are living with this burden over their heads. If I am given one opportunity to ensure justice, I will speak for the sake of justice. Why have we been placed in this position for something we did not do? A wrong has happened, but we did not do it. Those who committed the crime must definitely be punished. I have never seen a trial like this before. My wife is suffering from cancer. My mother is 75 years old. My sister has completed her Ordinary Level examinations. But I do not think about those things. I am completely at peace. I am willing to give evidence regarding this incident. That means ensuring justice.”

The verdict was delivered unanimously by the three-member High Court bench.

Of the 24 accused who stood trial, 15 were convicted and handed prison sentences ranging from 200 to 260 years, while nine others were acquitted after the court determined that the charges against them had not been proven beyond reasonable doubt.

Explaining the judgment, High Court Judge Navaratna Marasinghe said the indictment alleged that the accused had committed punishable offences under the Prevention of Terrorism Act, including conspiracy to carry out the attacks, aiding and abetting, promoting extremist ideology and creating discord among communities.

The judge noted that the court paid particular attention to evidence relating to extremist sermons delivered before the attacks, weapons training programmes and the maintenance of safe houses used in furtherance of the activities.

The court also observed that individuals involved in a conspiracy do not need to be physically present in the same place. A person may become part of a conspiracy directly or indirectly, at the beginning, middle or end of the operation, and anyone involved in such a manner becomes a participant in that conspiracy.

Judge Marasinghe further stated that the court carefully considered the defence statements made by the accused and rejected the explanations offered by the first, second, third, fourth and fifth accused, observing that those statements appeared to have been made after consideration of the seriousness of the allegations against them.

The trial commenced before the Permanent Trial-at-Bar on October 10, 2023, and concluded on August 24 this year after extensive proceedings.

A total of 23,270 charges were filed against the 24 accused. The prosecution called 2,309 witnesses during the proceedings, making it one of the largest and most complex criminal trials in Sri Lanka’s history.

The court accepted as evidence ten confessional statements made by the accused to police under the Prevention of Terrorism Act after determining that they had been given voluntarily.

The prosecution also submitted Government Analyst reports, DNA reports and judicial medical reports relating to victims who died in the attacks.

In a significant aspect of the trial, the prosecution presented 2,076 productions, including explosives, chemicals used for manufacturing explosives, swords and firearms.

The court also gave significant attention to video footage contained in a pen drive submitted as evidence by the prosecution. The footage showed eight individuals, including Zahran Hashim, and the court heard evidence identifying the persons featured in the recordings.

The videos had been recorded on the day before the Easter Sunday attacks of April 21, 2019. In the footage, individuals were heard making statements including:

“We are coming with bombs strapped to us and smiling. Tomorrow we will do this.”

Evidence was also led relating to the group making a bay’ah declaration while displaying an ISIS flag. The footage had been recorded at a location identified as Span Tower in Mount Lavinia.

The court concluded that the footage demonstrated the extremist ideology held by Zahran and members of his group.

During submissions, Senior Deputy Solicitor General Haripriya Jayasundara recalled the impact of the evidence presented during the trial.

“Your Lordship, we examined the video footage on a large screen in court. The contents alone helped explain why this attack took place. It was a carefully planned series of attacks. During this trial, I often felt as though the hands of the clock should move faster because the evidence was so painful. From the 163rd minute of the footage, witness Anas identified the main individual. He had previously attended Zahran’s training camps. I am happy to see how he changed course completely. During his testimony, he told the court that what was taught in those classes was hatred and anger. Can one group of people take away the happiness of others?”

Under the order of the Permanent Trial-at-Bar, Mohamed Ibrahim Mohamed Naufar alias Naufar Moulavi and 14 other accused were sentenced to prison terms ranging from 200 to 260 years.

The 18th accused, Yaseen Bawa Abdul Rauf, died in prison during the course of the trial.

Following the verdict, the court ordered that parties be provided copies of the proceedings free of charge and informed them of their right to appeal the judgment.

The 15 convicted individuals and the nine acquitted accused were escorted back to prison under heavy security at around 2 a.m. on Wednesday (23).

Authorities said the release of those acquitted would depend on the status of any other legal proceedings pending against them.

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Easter attacks verdict not the end, full truth must still be uncovered: Fr. Jude Krishantha

The Catholic Church has welcomed the court verdict against those convicted in connection with the 2019 Easter Sunday attacks, but says the judgment should not be considered the end of efforts to uncover the full circumstances behind the bombings.

Speaking to reporters, Director of Mass Communications for the Archdiocese of Colombo, Rev. Fr. Jude Krishantha Fernando, said the Church was satisfied that a verdict had been delivered after victims and their families had waited for years for justice.

He said the judgment would also send a strong message against religious extremism, stressing that religion should never be distorted to justify violence.

However, Fr. Krishantha said those convicted represented only one part of the case and called for investigations to continue into whether others were involved in facilitating the attacks or allowing them to take place.

He alleged that intelligence and security officials had sufficient information to prevent the attacks but failed to act, and called for investigators to establish whether there was any wider involvement or motive behind that failure.

Previous official inquiries have examined the handling of advanced intelligence, while the Supreme Court has also ruled on fundamental rights petitions concerning failures by senior officials.

Fr. Krishantha also called for further legal action, where supported by evidence, against individuals identified in previous investigations and commission recommendations, saying the Church would consider the justice process complete only after all those responsible for the attacks and any related failures were properly investigated.

The Church has consistently called for investigations to identify whether there were additional individuals behind the attacks and for those responsible to be prosecuted.

Mattala airport loses millions daily as Airbus investigation continues

Sri Lanka’s Mattala Rajapaksa International Airport (MRIA) is bleeding between Rs 6-7 million every single day, bringing the country’s public financial management back under the spotlight alongside fresh legal investigations into the 2013 Airbus aircraft procurement deal involving SriLankan Airlines.

The growing fallout covers both the long-standing financial burden of the underused airport and separate bribery and money laundering allegations tied to the national carrier’s aircraft purchase, with legal proceedings currently before the Colombo Chief Magistrate’s Court.

The real cost of the Mattala investment

The MRIA was opened in 2013 as a transport and economic hub for the Southern Province, with construction originally estimated at USD 209 million.

However, that figure eventually rose to USD 243.7 million by the time the project was completed using loan facilities from the Export-Import Bank of China.

Although the airport was designed to handle one million passengers and 45,000 metric tonnes of cargo annually, only 321,577 passengers passed through its terminals over the past six years combined.

In 2024 alone, the airport recorded operational costs of RS. 3.6 billion against revenue of just Rs. 242 million, leaving the Treasury to continue paying an annual interest instalment of Rs. 2.05 billion on the construction loans.

The clearing of forest land within a traditional elephant migration corridor to build the airport has also resulted in long-term environmental damage.

SriLankan Airlines was drawn deeper into the crisis when it was directed to route flights through Mattala in an effort to attract commercial traffic to the underperforming airport, a decision that cost the national carrier an additional Rs. 740 million in losses between 2013 and 2015 alone.

Years of non-commercial decisions and management shortcomings have since pushed the airline’s cumulative losses beyond 500 million US dollars, placing a heavy burden on the national economy.

Airbus deal

A separate but related dimension of the crisis concerns the USD 2.5 billion aircraft purchase agreement signed between SriLankan Airlines and Airbus in 2013.

The UK Serious Fraud Office and other international investigative agencies disclosed that a bribe of USD 16.84 million had been promised to intermediaries to secure the deal, with a portion allegedly laundered through bank accounts in Brunei and Singapore.

The government was ultimately forced to cancel the A350 aircraft order in 2015, incurring compensation payments of Rs. 18.8 billion.

The Commission to Investigate Allegations of Bribery or Corruption (CIABOC), together with the Attorney General’s Department, has since launched comprehensive legal inquiries into the money laundering and bribery allegations surrounding the transaction.

Member of Parliament Namal Rajapaksa was produced before the Colombo Chief Magistrate’s Court and remanded until 29 September, based on evidence indicating that he had received RS. 100 million in connection with the deal.

His defence lawyers argued before court that the allegations were baseless and challenged the credibility of the witness statements presented against him, with the ruling on his bail application also expected on 29 September.

Statements have separately been recorded from former President Mahinda Rajapaksa regarding the transaction, while investigations continue into the death of former SriLankan Airlines Chief Executive Officer Kapila Chandrasena, a key suspect in the case.

Efforts to resolve Mattala’s financial burden have included an earlier attempt to hand over airport operations to a joint venture involving India’s Shaurya Aeronautics, though international sanctions on the firm prevented the deal from proceeding.

The government is now examining several Public-Private Partnership proposals to manage the airport’s ground operations and commercial activities in collaboration with private investors, while retaining Air Traffic Control and national security functions under state control.

These efforts run alongside Sri Lanka’s broader external debt restructuring process under its IMF-supported programme, which is also being applied to loan facilities held by the national carrier and has paved the way for renewed international assistance towards infrastructure projects, including the second phase of development at Katunayake International Airport.

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Sri Lanka awards $40.8mn Muthurajawela-BIA jet fuel pipeline to Chinese firm

Sri Lanka’s cabinet has approved awarding a contract to China Petroleum Pipeline Engineering Company Limited to build an aviation fuel storage complex and a dedicated transport pipeline to Bandaranaike International Airport (BIA) in Katunayake.

The project is valued at 40.84 million US dollars alongside 8,548.75 million Sri Lankan rupees, inclusive of applicable taxes, minister Nalinda Jayatissa said.

The project involves building an aviation fuel storage tank complex with a total capacity of 92,000 cubic meters and related facilities at Muthurajawela.

A dedicated fuel transport pipeline will be constructed to link the new Muthurajawela storage facility directly to the aircraft refueling terminal at Katunayake.

The contractor will also carry out required modifications and upgrades to the existing terminal installations at Muthurajawela.

“Bids were invited following the international competitive bidding procedure, and three bids were submitted,” Jayatissa said.

Initial approval for the project was granted at a cabinet meeting on July 29, 2024, to establish a direct, secure fuel link between the supply hub and the country’s main international airport.

Aviation fuel is currently moved to Katunayake primarily by road bowsers and rail wagons, creating logistical bottlenecks, higher freight expenses, and safety risks.

The dedicated pipeline system is expected to ensure an uninterrupted, cost-effective supply of jet fuel to airlines as flight frequencies expand at the Katunayake gateway.

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Sri Lanka’s 22nd Amendment needs parliament majority, no referendum: Supreme Court

Sri Lanka’s Supreme Court has ruled that the 22nd Amendment to the country’s Constitution does not require approval of the people through a referendum and can be passed by a Parliament majority.

The court’s decision was read out by Speaker Jagath Wickramaratne at the start of the day’s session.

“I wish to announce that I have received the determination of the Supreme Court in respect of the Bill titled ’22nd Amendment to the Constitution’ and the ‘Judicature Amendment’, which were challenged in the Supreme Court under Article 121(1) of the Constitution.

“The Supreme Court has determined that the provisions of the 22nd Amendment to the Constitution Bill or any part thereof does not require approval by the people at a referendum by virtue of the provisions of Article 83 of the Constitution.

“In the proviso appearing in Clause 2 of the 22nd Amendment to the Constitution Bill, the phrase ‘the date reaching sixty-seven’ (හැට හතට එළඹෙන දිනය) appearing therein shall be replaced with the phrase ‘the date completing sixty-seven’ (හැට හත සම්පූර්ණ කල දිනය).

“The following to be added as the second proviso to Clause 2 of the 22nd Amendment to the Constitution Bill:
> ‘Provided further that the term limit of six years set out in the first proviso will not apply to any person holding the office of the Chief Justice as at the date of coming into operation of this Act.’
>
“The Supreme Court has further determined that the provisions of the Judicature Amendment Bill are not inconsistent with the Constitution and may be passed by the simple majority of the Parliament.
I order that the full determination of the Supreme Court to be printed in the Official Report of today’s proceedings.”

The president has said the government will move forward swiftly with passing the amendment, with a 2-day parliamentary debate scheduled for this week.

The Bar Association of Sri Lanka, opposition legislators and civil society members went to court against the amendment which seeks to extend the retirement age of Supreme Court judges, including the Chief Justice, and Appeals Court judges, among other things.

Judiciary concerns could hurt Sri Lanka’s foreign investments: Opposition leader

International law associations have expressed concerns over the proposed 22nd Amendment to the Constitution of Sri Lanka, primarily regarding its impact on judicial independence and the procedural integrity of the hearings.

The National People’s Power government claims that the constitutional amendment was introduced not to benefit a specific individual in the judiciary, insisting instead that the legislative changes are to clear the backlog of cases and improve efficiency across the judicial system.

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Suresh Sallay’s heart condition disclosed in Fort Magistrate’s Court

The Colombo Fort Magistrate’s Court was informed today (22) that former Director of the State Intelligence Service (SIS) Major General (Retd.) Suresh Sallay, who was arrested in connection with the Easter Sunday attacks and is currently receiving treatment at the Colombo National Hospital, has developed a condition known as enlarged heart and has had a medical device fitted to manage the condition.

The information was disclosed based on a medical report prepared by a nine-member medical panel assessing Sallay’s health condition.
The case against three suspects, including Major General Suresh Sallay, in connection with the 2019 Easter Sunday attacks was taken up before the Fort Magistrate’s Court today.

Deputy Inspector General of Police Shani Abeysekara and Additional Solicitor General Dileepa Peiris appeared for the prosecution.

The court was told that Suresh Sallay has been hospitalized since June 7 and has been receiving treatment at the emergency care unit attached to the Cardiology Unit of the National Hospital.

According to the medical report, Sallay has an enlarged heart and a device has been fitted to control the condition. The prosecution also told the court that approximately Rs. 4 million in public funds had been spent on the device.

The Magistrate intervened when the prosecution referred to Suresh Sallay as an alleged “killer,” stating that he remains a suspect and has not been convicted of any offence.

The Additional Solicitor General subsequently apologized to the court and continued his submissions.

The court was further informed that Sallay’s cardiac and mental health conditions are currently stable and that he could be discharged once his dental condition is resolved. A medical panel is scheduled to meet on September 28 to determine whether he should remain hospitalized.

The prosecution also raised concerns over passwords to Sallay’s laptop and mobile phones, stating that the passwords had not yet been provided despite a court order. The defence argued that military intelligence personnel regularly change their passwords as a security measure and may not retain them for long periods.

The prosecution maintained that statements had been recorded from Sallay regarding the passwords, but that he had repeatedly stated that he could not remember them.

Defence President’s Counsel Shavindra Fernando also criticized the ongoing investigation, alleging that investigators were now relying on statements made by politicians after failing to make progress through their own investigations.

After considering the submissions, the Colombo Fort Magistrate ordered that a report on the progress of the investigation be submitted to court on October 21.

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220 Years in Prison Each for 15 Convicted in Easter Sunday Terror Case

The Permanent Trial-at-Bar on Tuesday (22) delivered its verdict in the case against 24 accused, including Naufar Maulavi, over their alleged involvement in the 2019 Easter Sunday terrorist attacks.

Announcing the judgment, the three-judge bench comprising Navarathna Marasinghe, Ramanathan Kannan and Sujeewa Nissanka found 15 of the accused guilty under 23,270 charges, including conspiracy and aiding and abetting the Easter Sunday attacks.

The court sentenced each of the 15 convicted individuals to 220 years of rigorous imprisonment.

In addition to the prison terms, the court also ordered that all movable and immovable properties belonging to the convicted individuals be confiscated by the State.

The verdict was delivered by the Permanent Trial-at-Bar after lengthy proceedings in one of Sri Lanka’s most closely watched terrorism cases.

Of the 24 accused who faced trial, 15 were convicted while nine were acquitted and released by the court.

British MP launches petition for direct London to Jaffna flights

The Harrow West MP Gareth Thomas has launched a petition calling for a direct flight service between London and Jaffna International Airport, citing the difficulty faced by British Tamil families making the journey to the North-East.

British Tamils have strong family, cultural and community ties to the region, the petition says, with travel to Jaffna meaning visiting relatives, attending weddings and funerals, taking part in religious festivals and maintaining connections across generations.

There are currently no direct flights between London and Jaffna. Passengers can fly to Colombo but must then travel a further 400km, taking six to seven hours by road or rail. That additional journey is particularly difficult for elderly passengers, families with young children and those travelling for important family occasions, the petition says.

A direct service would make journeys quicker, help families stay connected across generations, make travel more accessible for elderly relatives, support cultural and religious ties, and support tourism, investment and economic development in the North-East, it argues.

The petition calls on the British government, Sri Lankan authorities, airlines and London airports to work together to explore and support a viable service, and specifically asks the Department for Transport, the Civil Aviation Authority, airlines and London airports to secure one.

Thomas represents a constituency with one of the largest Tamil populations in Britain. Earlier this month he asked the Foreign Secretary whether the department had discussed with international partners the establishment of an independent international investigative mechanism for the Chemmani mass graves. The Foreign Office did not answer the question directly, saying it had “encouraged consideration of international assistance as excavations continue”.

A short runway and an occupied perimeter

Jaffna International Airport, formerly Palaly Airport, sits 16km north of Jaffna near Kankesanthurai. It was built by the Royal Air Force during the Second World War and later taken over by the Sri Lanka Air Force, which used the base for the fleets that bombed the Tamil homeland throughout the armed conflict. It reopened to commercial flights in 2019 after decades of military use.

The airport’s single runway is 1,400 metres long. Long-haul aircraft capable of flying to London require substantially more, and services at present are limited to domestic flights from Colombo’s Ratmalana airport and routes to India, with IndiGo operating from Chennai. The Sri Lankan Airport Aviation Authority has been working to extend the runway, with Indian financial assistance.

That expansion is contested on the ground. The Sri Lankan government has issued written notices to acquire ancestral land at Myliddy for the airport’s expansion, which residents have refused to surrender, saying they will not accept alternative land or compensation. Land there was seized when residents were forcibly displaced in June 1990 and the area designated a High Security Zone, and the airport perimeter remains within it.

In July the deputy defence minister told the Sri Lankan parliament that the Civil Aviation Authority, through the Air Force, had advised that further land around the 774.98-acre airport would be required for future international aviation expansion, alongside 1,661 acres to be permanently acquired for military infrastructure and not returned to their Tamil owners.

Landowners in Valikamam North have protested weekly for months at Myliddy and at Palaly Junction, demanding the return of land held since their displacement.