16 June, 2021

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Port City Bill – Set Back To Gota Government Likely; Concern About Committee Stage Amendments

Professor G.L. Peiris’ statement at the Cabinet media briefing that the Government would bring in at the committee stage of the Port City Commission Bill all amendments suggested by the Supreme Court indicates that the Court has ruled that several provisions of the Bill require approval by the People at a Referendum. The Court’s determination will be read out by the Speaker in Parliament when it meets next on 18 May. But, as required by the Constitution, a copy would have been sent by the Court to the President and Peiris is no doubt privy to the determination.

No one expects the Court to have struck down the Bill in its entirety. But even a determination that some clauses of the Bill require a Referendum in addition to a two-thirds majority in Parliament is a big defeat for the Government. Whether the Supreme Court has had the courage to strike down some of the most controversial clauses that obviously impinge on the sovereignty of Sri Lanka as an independent nation and the sovereignty of the People is to be seen.

At the hearing into the challenges to the Bill, many questions were put by the five-member bench of the Court to the Attorney-General and private counsel who appeared for the Secretary to the President. That the Secretary to the President, obviously on the instructions of the President, did not wish to be represented by the Attorney-General is itself an indictment on the latter. Be that as it may, lawyers in Hulftsdorp observed that not many questions were put to the counsel for the petitioners on the first two days of the hearing, prompting some to think that the Court would be reluctant to go against a powerful and abrasive President. But when the Chief Justice himself and the other judges questioned the Attorney-General and other counsel who appeared for intervenient-petitioners supporting the Bill, there was hope that several clauses may be declared as requiring a Referendum, which prompted one black-coated cynic to quip- “Machan, don’t be naive. It was the same in Gota’s dual-citizenship case.”

While the Government would have no option but to fall in line with the Supreme Court’s ruling and make committee-stage amendments to avoid a Referendum that it would most likely lose, there is concern in Opposition circles that the Governments may introduce provisions that had not been scrutinized by the Supreme Court. Readers would remember how the Yahapalanaya Government made a mockery of Parliament in 2017 by introducing committee stage amendments that were materially different to the original Provincial Councils Elections (Amendment) Bill that had been examined by the Supreme Court. Although the Joint Opposition (present Pohottuwa camp) made a hue and cry at that time and even added a provision to the Twentieth Amendment to the Constitution that a committee stage amendment shall not deviate from the “merits and principles” of the Bill, the number of judges of the Supreme Court and the Court of Appeal was increased by a committee stage amendment! Such an amendment would only require a certificate of the Attorney-General. With a pliant Attorney-General’s Department and one of the worst Speakers Sri Lanka has ever had, the Government should not have any difficulty in moving and passing any amendment.

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Latest comments

  • 21
    3

    A future govt. should fault the verdict if inconsistent and also cancel if contravenes the interest of the state.

  • 21
    1

    Why did GR offered a high diplomatic post to AG well before his retiring date?

    • 12
      1

      Pretty obvious, I think.

      • 9
        4

        Manel
        Still, was the retiring AG a person of calibre?

        • 3
          1

          Bravo!
          At last, the multi tongued man has learned to spell his name properly. Bravo!
          What does that means anyway? No longer a Savam?

    • 16
      2

      All is not well in AG’s Dept. The high profile spokesperson of the AG’s Dept., State Counsel Nishara Jayaratne who was simultaneously, also the Additional Legal Secretary to the President’s office, resigned this week. ……..Something is rotten in the state of Denmark….. Marcellus in Hamlet.

    • 2
      0

      So that he will not any “unnecessary and unwanted Beans”

  • 13
    6

    We have to wait until we see the official judgement.
    What the public wants to know is whether the Supreme Court had the courage to stand by the country or not.
    However, if the treacherous Port City Separate State Bill is passed through unscrupulous and treacherous methods, a future Parliament should abolish it entirely.
    .
    Next, we have to deal with a ridiculous Bill called “Tripitaka Protection Bill” a.k.a. “Sinhalese Buddhist Annihilation Bill”. I even suspect that Tripitaka Bill has some connection to the MCCA. These two Bills will ultimately lead the country to a Settler Colonization and elimination of the native Sinhalese Buddhists. I have already posted a comment about this elsewhere.
    .
    Settler Colonization is the replacement of original native inhabitants (in this case the Sinhalese Buddhists) with an invasive settler society that came from elsewhere. This is done through the continuous process of occupying lands and resources, eliminating natives from their ancestral lands. Vedda people are already on the verge of expulsion from their indigenous lands in Mahaoya, Rambakan Oya, Polbedda and Sheethala Vanniya. Two examples of settler colonies in the world are: South Africa and the US.
    The Port City Bill and the Tripitaka Protection Bill both are aimed at erasing the Sinhalese Buddhist history and sovereignty in Sri Lanka.

    • 6
      2

      Champa: Good observation. Hereafter, the “TRIPITAKE” will become the “Exclusive Property” of UNESCO. This “Tripitaka” is the only recorded “Teachings” of Buddha – The Therawada Dhamma. After this, we have surrendered our claim to a very valuable treasure. In that respect, the Christians are not going to abandon their “Bible” and so with Muslims with their “Kuran”. The next remaining thing that would be handed over will be the “Tooth Relic”.

      • 2
        0

        Simon
        Thank you.
        Interestingly but not surprisingly, it is the Kandyan Malwathu-Asgiri Chapter Buddhist monks who are behind this treacherous Tripitaka Protection Bill. The motive of this Bill is to protect the falsehood which is connected to India.
        If this treacherous Bill is passed, I swear, I will tell the truth about them and the Sacred Tooth Relic and demand them to exhibit the Sacred Tooth Relic in public to prove their claim.

    • 4
      1

      ok miss champa ? any evidence or do we have to just believe you ?

      • 2
        0

        a14455: This “Tripitaka” handing over to UNESCO was done by the former President Maithri Sirisena. The ceremony was conducted at Aluvihare, at the very place this was written. The “Custodians” – the Buddhist Priests (a large gathering) were present and they chanted “Pirith” to invoke “Blessings” for the “Handing Over”. So don’t believe it, but know your facts. If you need any more details, I could provide you with the details.

        • 0
          0

          Miss a14455
          Simon
          Sorry, I didn’t give all the details as I have already written about this elsewhere.
          Could you please check the following link and read my previoous comments?
          .
          https://www.colombotelegraph.com/index.php/battle-against-covid-19-are-we-at-a-tipping-point-association-of-medical-specialists-asks-gota/

        • 0
          2

          Simon
          The ceremony to hand over the Tripitaka to UNESCO was also another farce.
          One thing, Tripitaka doesn’t come under UNESCO criteria. The only way to get it under UNESCO is to declare temples and monasteries which have direct links to Tripitaka as World Heritage Sites and freeze any other places being recognized as the places mentioned in the Tripitaka. That is what this Tripitaka Bill is all about.
          This is a complicated matter as Sri Lanka hasn’t officially recognized Sri Lanka as the place where Lord Buddha was born. However, as Sinhalese Buddhists are fast learning their TRUE HISTORY, Buddhist monks who have external links want to ‘authenticate’ the false Tripitaka.
          Why I say this is false, because the Tripitaka that we are talking about is a copy of the “Mahayana Tripitaka” and also the Sinhala translations of the current Tripitaka is an utter mess.
          Also, the currently available evidence is not sufficient to recognize Matale Alu Viharaya as the place where the Tripitaka was first recorded. Alu lena and Alu Viharaya are not the same.
          The most important factor is, Mahayana Tradition and Theravada Tradition have different versions of the Tripitaka.
          The ulterior motive of the “Tripitaka Protection Bill” is to AUTHENTICATE MAHAYANA TRIPITAKA as Lord Buddha’s Teachings, which is totally wrong.

          • 3
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            Champa
            However, as Sinhalese Buddhists are fast learning their TRUE HISTORY
            ———-
            Yes! That they are largely descended from tamil people!

    • 6
      1

      Native Chingkalla Buddhists! When did they become native? Buddhism is native to India and originated from there. The so called Chingkallams are descended from immigrants from Thamizh Nadu and then Thamizh Kerala and some from Bengal/Odisha. What is native about this? The Chingkalla language is a mixture of Thamizh, Sanskrit and Pali. Out of these three only Thamizh is native and belongs to the region, the other two are from the plains of northern India. The so called settler Thamizh from the North and East are largely descended from the native Dravidian Naga and many in the east are also Thamilized Vedda. Get your facts about who is settler and who is native. Many of the so called native Chingkallams both high and low born are descended from recent South Indian immigrants and imports.

      • 1
        2

        Pandi Kutti , what were you in your last birth? What will you be next time? Cool that heart, hatred clouds your judgement. Listen to a wise man https://www.youtube.com/watch?v=BkbTS5uVyrU

  • 18
    5

    The Port City Bill should have been dismissed IN LIMINE by the Supreme Court!
    Had it done so, the whole of South-East Asia could have been saved from the tentacles of the Chinese Dragon………..

    • 2
      2

      lol really. You know that Sri Lanka is not in south east asia right ? And they don’t need to be saved ?

  • 23
    2

    I don’t understand why can’t the supreme court publicly announce its decision? This is about Country’s sovereignty, not about political party that governs at present. People should know what is in it and what impact it have on them.
    The country is now fully come under China. Country depend on China for Vaccines, China for Oxygen Cylinders, China for ventilators, China for loans, China for Cricket grounds, China for harbour development, China for windmill development, China for road development, China for security and so on. What is left for Sri Lanka?

    • 2
      10

      There are things called procedure and protocol.
      The matter pertains to Parliamentary legislation and the Supreme Court did the proper thing.
      *
      Why cannot the US and allies rescue the country from China by providing the country with at least what the people need badly?
      *
      China is generously supplying India too with urgently needed medical supplies.
      You should warn India before China takes it over.

      • 9
        0

        Procedure and protocol
        * I am sure they must have followed procedure and protocol to provide a passport to travel to UK some time back.
        * I also believe that they have followed procedure and protocol to release a convicted murderer under presidential pardon.
        US wanted to give an aid of 480 million dollar for development. India built 50000 houses.
        India and Japan agreed to develop East Colombo harbour.
        India is not Sri Lanka. Sri Lankans are not Indians.

        • 1
          5

          We are talking about the Supreme Court.
          The Supreme Court should follow protocol and procedure in conducting its business.
          What is the objection?

          • 6
            2

            Supreme court is not independent!

            • 1
              3

              What has independence to do with following established procedure?
              It is relevant only when there is a breach under pressure.
              I give up: I cannot explain any better.

        • 1
          1

          This comment was removed by a moderator because it didn’t abide by our Comment policy.

          For more detail see our Comment policy https://www.colombotelegraph.com/index.php/comments-policy-2

          • 4
            1

            N. Perera

            Sorry I am not Senarath Paranavithana hence I am unable to read your interlinear inscriptions.

          • 2
            2

            N. Perehera, thanks for keeping it brief.

      • 6
        3

        “There are things called procedure and protocol.”
        What do mean by that? Is that “How to ignore international mailing and receiving conventions to reject Dr. Thiagalingam’s application for VC, because he has successfully obtained citizenship in US, or how Vasanti can use university letterheads to Royal election campaign”?

      • 3
        3

        SJ,
        US is waiting very quietly like sneaks in the background so they can use Chinese Port City to put the final nail in the coffin of China.

        • 2
          4

          The problem with the US is it wants to get goodwill on the cheap by using threats without doing anything favourable to the country.

          as for the final nail on China . now that is a joke

          • 2
            1

            Yes, sad that you waited for a big fruit fall into your mouth. Now has decided the big fruit is smaller than sour grapes. Banda Chelva PAct with Tamils earned gold good enough to hide in Peacock Palace swimming pool. Banda – Chelva PAct with America went even. THe Banda- Chelva pact with China suking out project after project. You guys wouldn’t’ mind because you have $18B in foreign banks and you have Mangala and Ranil to cheat the West and save your loots. Even Deva quit his communism. But some tick are refusing to leave the dead cow. THese half baked communists are still waiting to Siri Ma O rebirth to establish communism in north.Siri Mao O silenced the communism of VPonnar,Shanmugathasan, Karalasingam. ValahamBhahu with stuffing pudukadai in their mouths.

        • 2
          3

          rtf
          It will be a long wait, like that of the fox that followed the ox in the hope that its testicles will fall off.

      • 2
        0

        Hi SJ, India was awaiting your well timed warning to take proactive protective action, especially, Katchatheevu and the islands in proximity to south India.

    • 5
      1

      Ajith: Leave aside the public, why SC cannot make the decision available to the Petitioners? It is their “Petition” and the “Pleadings” are by them, if not SC would not have deliberated on the Proposed Legislation. This is a big flow. The Speaker (another Dumb case) on receipt would definitely make it available to the “Promotors” (The Government) and prepare “Amendments” to avoid and circumvent the SC Decision. In my opinion, the “PETITIONERS” must be the “FIRST” to receive the SC Decision.

    • 3
      10

      Ajith,
      China is a friend in need unlike some who pretend that they are friends and stab in the back.

    • 3
      0

      CHINA is the only country recognising that SL has an affinity for carrying a “begging bowl” all the time and they have the where with all to dispense with a “Catch”. Simple.
      “Fools enter domains which the wise keep away from”

    • 1
      5

      The whole world now depends on China. The USA gone with the wind. World’s number one human butcher, USA. People and not talking about LTTE not talking about UNHRCommision, Tamil Nadu closed their mouth after wiping out the entire LTTE leadership and LTTE. Pillay that Tamil old lady also closed her mouth. Harris is not even opening her mouth be she knows she is a puppet of white Americans

  • 6
    2

    Speaker has been humiliated by the utterance by the “Old Crock” the “Monkey Politician” GLP. This is not his subject, how can he keep poking his nose in all the others’ affairs?

  • 6
    2

    China already charged $280M fines and penalties on Colombo Pong Cing to teach Ranil what is environmental study means. “Royal Aanduwa cannot and will not deviate even a milli meter from what China orders on this” AG Dabla already changed his music as “dhaan dhappa dhaan dhappa”. He knows what is going to come when this bill placed in parliament. To save Muslim community from another bloodbath, Harris group rented a room in Temple TRee House and ate thei ibtar dinner, while Old king was eating his dinner somewhere else, with his family. “When the time comes, GLP will say “I didn’t say that, but they couched me to tell like that”. GLP can be beaten up as many times as needed, as there are no bones in him to get hurt. Best is yet to come. Hopefully the Covid-19 numbers will give the needed shadow by 18,th May to table the bill. BUt what the educated Buddhist Sinhalese should do is, ignoring all these drama while ensuring Vaalaththodam group not using these to from another Yahapalanaya goverment II in two-three years. They should take these political parties to UNHRC and seek justice for them too, like Tamils are doing.

    • 1
      2

      its funny when secessionist is worried about the integrity of Sri Lanka. It is clear these are just crocodile tears

      • 3
        6

        a
        They wanted India to save the Tamils from the Sinhalese. Then they tried the US (& EU & UN)
        Then they changed the project to saving India from China and extended it to saving the US and humanity.
        Now they want to save the Sinhalese from China.
        *
        The anti-China bug infected the Tamil nationalist brain in the 1960s as a mutant of the anti-communist bug.
        *
        This bug is no virus, no bacterium, no fungus or any other microorganism.
        It causes emotional confusion and is hard to treat.
        Serious victims start cursing ‘China’ at the drop of a hat the way a deranged atheist would curse ‘God’.

        • 2
          1

          India fought for its freedom for centuries.
          Recently King banned many Tamils NGO functioning in foreign nations. But President Biden said he wouldn’t care what Lankawe was doing because he felt those organizations are needed.
          We may not get our freedom or not but don’t rail behind the Colombo masters to like theirs for a VC position.

          • 2
            2

            Mallaiyuran
            ‘India fought for its freedom for centuries.’

            LOL where did you learn your history? First off there was no such thing as ‘India’ when the British arrived. There were many princely states with which the British did deals. The original Dealdaasas. Let us look after your ‘foreign affairs’ and we’ll protect you from your enemies. Secondly, there was no such entity called ‘India’ for centuries. You should really stop reading all the crap circulating on Facebook.

        • 3
          0

          Who are they?

      • 7
        2

        Why not?
        Didn’t Rapist Army soldiers went to Mullivaikkal for Thalikodies and rebel girls and died in thousand in “Humanitarian Rescue MIssion OPerations”? Come on man, tell the truth to Mass. Unless educated Buddhist Sinhalese realise those and form a TRO to tell their mistakes to Buddhist Sinhalese and they together go to UNHRC for a new constitution for Lankawe, instead of SLFP-UNP_SLFP-UNP regime changes, China going put the rope through the nose to harness all the Sinhala Buddhists like you and plough their new colony fields.

        • 2
          2

          Mallaiyuran, the ‘educated Buddhist Sinhalese’ are not interested, just as the educated Tamils are not interested that ‘traditional homelands’ and other ideas never existed until the Tamil leaders invented them in the Thirties.

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