Former Deputy Secretary of the Ceylon Bank Employees Union (CBEU) today filed a Special Determination petition in the Supreme Court seeking a declaration that the proposed legislation titled “Finance” requires the endorsement of the people at a Referendum in addition to the 2/3 majority in Parliament.
The petitioner Ekeshwara Kottegoda Vithana filed the petition through Attorney-at-law Dharshana Weraduwage in terms of Article 121 of the Constitution, read with Article 120 that stipulates constitutional jurisdiction of the Supreme Court.
The petitioner reiterates that such provisions are a serious threat to the National Security of the Country, which includes Economic Security.
The Bill titled “Finance” was placed on the Order Paper of Parliament on July 20 2021.
The petitioner states that clauses 3,4,5, 6 of the legislation exempt an individual from paying any tax, penalty or interest or from any investigation or prosecution under the provisions of the law.
The petitioner said such treatment amounts to a violation of the Fundamental Rights of the taxpayers who had already submitted their tax returns on time and have duly paid their taxes under applicable rates.
The petitioner further states that clause 7 of the Bill violates the citizens Right to Information and Sri Lanka’s various international and domestic obligations concerning anti-money laundering, anti-corruption or terrorist financing.
In this petition, the petitioner had named Attorney General as a respondent in terms of Article 134(1) of the Constitution.
