• Legal Director says SC will decide on ‘retroactivity’
• Complaint lodged with HRCSL citing injustice and threat to ex-Prezs 

In the wake of rising political resistance to the Government’s move to repeal the Presidents’ Entitlements Act, No. 4 of 1986 and the pension scheme for Parliamentarians, the Presidential Secretariat stated that any party may follow the established legal procedures and challenge the proposed legislation before the Supreme Court (SC) at the appropriate stage.

Speaking to The Daily Morning, the Secretariat’s Director of Legal Affairs, attorney J.M. Wijebandara noted that once a bill is going to be introduced, it can be legally challenged before the SC, adding that there is no need to seek intervention from international bodies. “There is a mechanism for this in Sri Lanka. Once a law is gazetted, citizens have the right to go to the SC. There is no need to go to Geneva (a reference to the United Nations Human Rights Council located in Switzerland). At the appropriate stage, anyone can challenge these legislations before the SC.”

When queried regarding the argument made by certain parties that such laws cannot be introduced with retrospective effect, he said: “The SC will rule on whether legislation can have retroactive effect or not. However, there is no prohibition on laws that apply to the past, except when it comes to punishment. The power of the Parliament includes the authority to pass laws with retrospective effect, and the Judiciary will determine the constitutionality of such enactments.”

The remarks follow opposition from the Sri Lanka Podujana Peramuna (SLPP), which has expressed its disapproval of the move to revoke the benefits given to former Presidents and their spouses under the said Act. SLPP General Secretary, attorney Sagara Kariyawasam told The Daily Morning early this week that the party’s legal team is reviewing the Government’s decision and will decide on the next steps once their evaluation is complete.

The draft Bill, gazetted on 31 July under the directive of Justice and National Integration Minister attorney Harshana Nanayakkara aims to eliminate a range of benefits currently granted to former Presidents and their widows, including State-funded residences, official vehicles, monthly allowances, secretarial assistance, and other privileges. If enacted, the law will apply retroactively, meaning that those who are currently receiving benefits under the act will lose them. The only remaining entitlement will be a monthly pension of Rs. 97,500. Widows of former Presidents will also lose their pensions under the proposed changes.

Meanwhile, the Api (We) Sri Lanka national organisation’s Convenor H.M.P. Herath lodged a complaint with the Human Rights Commission of Sri Lanka (HRCSL) yesterday (4), claiming that the said amendment pertaining to ex-Presidents’ allowances and reliefs, was an injustice that would pose a threat to the lives of former Presidents.