The fourth consecutive day of further consideration of petitions filed against the Colombo Port City Economic Commission Draft Bill commenced in the Supreme Court this morning (April 22).

The petitions are called before a five-member bench consisting of Chief Justice Jayantha Jayasuriya, and Supreme Court Judges Buwaneka Aluvihare, Priyantha Jayawardena, Murdu Fernando, and Janak de Silva.

When the petitions were called on Wednesday, making submissions on behalf an interim petition filed by Secretary to the President, Dr. P.B. Jayasundera, President’s Counsel Romesh De Silva stated that the proposed commission will operate solely under the purview of the President, to whom executive powers have been vested with by the people.

He added that there will be no room for the commission to bypass the country’s laws and that it will only operate in tandem with state mechanisms.

Within such a process it is the President who is ultimately held responsible for the affairs of the Port City Zone, he said further.

He alleged that there are unfounded fears being created with regards to the appointment of foreigners to the commission and reminded the court that in the past non-Sri Lankans had been appointed to vital state institutions such as the Central Bank of Sri Lanka (CBSL) and the Board of Investment (BOI).

Responding to a question raised by the Chief Justice, the President’s Counsel stated that a Fundamental Rights (FR) petition could be filed by anyone if they feel the need to challenge the qualifications of any such members appointed to the commission.

With the commission set to work on a key program approved by the President, the Commission will not be capable of implementing anything that is not approved by the President, he went on to say.

President’s Counsel De Silva pointed out that the petitioner’s claims are baseless as the President possesses the power to appoint a qualified auditing firm in consultation with the Finance Minister and the Auditor General, pursuant to Article 154(2) of the Constitution.

The Parliament has already passed a resolution rendering the Colombo Port City Zone under the Colombo Administrative District of the Western Province, he mentioned.

Meanwhile, President’s Counsel Gamini Marapana, who presented submissions on the interim petition filed by Minister Prof. G.L. Peiris, stated that the Parliament has the power to question the President on any arbitrary actions contained in the Bill.

The petitioner’s claim which states that the Customs Ordinance would not be enforced in the Colombo Port City Zone is “ridiculous,” he added.
Subsequently, President’s Counsel Sanjeewa Jayawardena presented submissions on behalf of the Treasury Secretary S.R. Attygalle and Finance Ministry Secretary Donald Fernando. He pointed out that there will be no room for Port City to become a money laundering hub as all laws including the Money Laundering Act would be fully implemented in the Port City Zone.

Nearly 20 petitions had been submitted against the Draft Bill by many parties including Chairman of United National Party (UNP) Vajira Abeywardena, UNP General Secretary Palitha Range Bandara, former Janatha Vimukthi Peramuna (JVP) MP Wasantha Samarasinghe, the Bar Association of Sri Lanka (BASL), the Center for Policy Alternatives (CPA), General Secretary of Samagi Jana Balawegaya (SJB) Ranjith Madduma Bandara, and Chairman of the IT Professionals Association G. Kapila Renuka.

Chairman of Sri Lanka Podujana Peramuna (SLPP) Prof. G. L. Peiris, SLPP General Secretary Attorney at Law Sagara Kariyawasam, and the legal association of the SLPP had filed interim petitions to make submissions regarding the petitions.

The petitioners claim that certain clauses of the relevant Bill have violated the country’s Constitution. Hence, they are seeking a court order ruling that the clauses in the Bill must be passed by a two-thirds majority in Parliament and a referendum.