CHITRA WEERARATHNE
COLOMBO: It was beyond the powers of Parliament to add new parts to the territory of Sri Lanka, Kanaganayagam Kanag-Isvaran, President’s Counsel yesterday told the Supreme Court.
Kanag-Isvaran, PC appearing for petitioners the Centre for Policy Alternatives and Transparency International, told the Court that Sri Lanka could not claim sovereignty over the artificially created Colombo Port City.
He said that an artificial land did not form part of the sovereign state of Sri Lanka. The PC added that, in 1948, Sri Lanka had become an independent country, after being a British Colony; in 1972 it had become a sovereign Republic; in 1976, the Maritime Law had been brought in, claiming the territorial waters of Sri Lanka. Kanag-Isvaran added that in 1978, the second Republic of Sri Lanka had come into effect, with 25 administrative districts.
“The 25 districts can be subdivided. But Parliament can’t add man-made structures to Sri Lanka. The Colombo Port City is such an addition. No Parliamentarians were elected from the Port City,” he argued.
Kanag-Isvaran contended that the bill attempts to create an all-powerful commission that was answerable only to the President. Thus, it could be considered an alter-ego of the current and future Presidents.
The President’s Counsel said that the artificially created land known as Port City would be given tax benefits, turning it into a tax haven in violation of Article 12 of the Constitution. The Bill also violated Article 3 of the Constitution––the sovereignty of Sri Lanka. It would be a haven for money laundering. Sri Lanka Auditing Centres would have no control, he said.
The bill on multiple occasions stated that its objective was the development of the national economy, but the provisions of the bill did not reflect that, the counsel argued.
Kanag-Isvaran said that the national economy wouldn’t be improved through the port city, as investors in the port city were not liable to pay taxes. There was no parliamentary oversight over the Commission administering the port city and therefore was contrary to constitutional provisions that vested the control of public finances with Parliament. Considering those, the Bill should be thrown off, the counsel submitted.
Counsel Dharshana Weragoda said that the Bill should be referred to the Western Provincial Council, before being presented to Parliament.
The bench comprised Chief Justice Jayantha Jayasuriya, Justice Buwaneka Aluwihare, Justice Priyantha Jayawardene, Justice Murdhu N.B. Fernando and Justice Janak de Silva.
Altogether 19 petitions had been filed. Among the petitioners were the President of the Bar Association Saliya Pieris PC, Wasantha Samarasinghe of the JVP, Civil Society Activists Gamini Viyangoda, K. W. Janaranjana on behalf of Purawesi Balaya and the Centre for Policy Alternative. Farzana Jameel, Additional Solicitor General PC appeared for the Attorney General. Proceeding will resume today.(Island)
