A Special Determination petition challenging the constitutionality of the bill titled “Colombo Port City Economic Commission” was filed before the Supreme Court today.
- Attorney-at-Law Dharshana Weraduwage filed this petition seeking a declaration that the bill in whole or in part requires the approval by people at a referendum and requires a two-third majority in Parliament.
- The petitioner stated that a bill titled “Colombo Port City Economic Commission” was published in the supplement issued on March 24, 2021 to the part two of the gazette notification issued on March 19, 2021 and has been placed on Order Paper of the Parliament on April 8, 2021.
- The petitioner stated that Clause 33(3) which states the decision of the Controller of Immigration and Emigration shall be final, no other Clause provides similar discretion to public authority. The petitioner said such provisions are a serious threat to the National Security which includes economic security is a vehement Infringement of Articles 01, 03, 04(d), 12(1), 27(2)(a), 27(3), of the Constitution.
- The petitioner said clauses 6(1)(b) of the Bill empowers the commission to facilitate and exercise overall regulatory supervision and control over all investments and businesses in and from the Area of Authority of the Colombo Port City, violating the Articles 01, 03, 04(d), 12(1), 27(2)(a), 27(3), of the Constitution bringing serious threat to the National Security in the country.
- The petitioner further stated that clauses 6(1)(c)(e)(f)(y); 38(a)(c), (d); 39; 65(3); 71 of the Bill empower the commission to lease land, lease or transfer on freehold basis, condominium parcels standing on Government Marketable Land, which is a vehement Infringement of Articles 01, 03, 154G (3), 04(d), 03, 12(1), 27(2)(a), 27(3), of the Constitution.
- The petitioner further said clauses 6(1)(g)(h)(i)(q); 30(1)(3);33(1)(2); 35 of the Bill empower the commission to Grant licences, approvals, including the approval of visas for the authorised persons or their employees. The petitioner said this is a Serious Threat to the National Security which includes economic security is a vehement Infringement of Articles 01, 03, 04(d), 12(1), 27(2)(a), 27(3), of the Constitution.
- The petitioner further stated that clauses 40, 41, 64(1)(2); 62(6); 67 of the Bill empower the commission to Grant licences, approvals, to enable off shore companies or professionals to operate in the said zone aiming at the Sri Lankan market and at the same time up to 05 years to operate from out of said zone, from the enactment of this Bill. The petitioner said this will have adverse effect on the businesses, professions, of Sri Lankan citizens and is a Serious Threat to the National Security which includes economic security.The petitioner further alleged that the President has failed to refer the said Bill after its said publication in the Gazette and before it was placed on the Order Paper of Parliament, to every Provincial Council for the expression of its views thereon and thereby violated the mandatory provisions Article 154(G) (3).
The Petitioner further states, the instance Bill, deals with subjects which are listed in the provincial Council list introduced by the ninth schedule to the constitution.
