The matter of the alleged violation of Parliamentary privileges raised by Sri Lanka Podujana Peramuna (SLPP) Government MP Attorney Premnath C. Dolawatte, who claimed that the privileges of MPs and Parliament have been violated through the recent interim order issued by the Supreme Court (SC) with regard to funds allocated for elections, has been referred to the Parliamentary Committee on Ethics and Privileges.

Dolawatte had raised a privileges-related issue with regard to the interim order issued by the SC through which Secretary to the Finance, Economic Stabilisation and National Policies Ministry and the Treasury Mahinda Siriwardana was prevented from withholding the money allocated for elections in the 2023 Budget.

Several MPs representing the Opposition, including Chief Opposition Whip and Samagi Jana Balawegaya (SJB) MP Attorney Lakshman Kiriella, Sri Lanka Muslim Congress Leader and SJB MP Rauff Hakeem, and MP, Prof. G.L. Peiris recently urged Speaker of Parliament Mahinda Yapa Abeywardana to not refer the matter to the Committee on Ethics and Privileges. They claimed that it was wrong for Dolawatte to have criticised an interim order issued by the SC and that no privileges have been violated through the interim order in question.

However, when contacted by The Daily Morning, the Speaker’s Media Spokesman Indunil Yapa Abeywardana said that the relevant matter had been referred to the Committee on Ethics and Privileges by Speaker Abeywardana.

Following the issuance of the interim order, Dolawatte raised a matter of privilege in the Parliament on 7 March through which he claimed that he sees the said interim order “as a clear breach of the privileges and powers of Parliament.” “The Parliament has the power to act when there is a violation of its powers and privileges arising from Article 4(c) of the Constitution. Articles 148, 149, and 150 of the Constitution vest the Parliament with (i) full control over public finance including the Consolidated Fund and note that (ii) the monies from the Consolidated Fund can only be withdrawn under a warrant signed by the Minister of Finance and, (iii) that a warrant can be issued only if the money is voted on by Parliament for a specific public purpose,” he said in the relevant letter.

Meanwhile, State Minister of Finance Shehan Semasinghe recently requested Deputy Speaker of Parliament Ajith Rajapakse to instruct the relevant authorities to not act on the interim order issued by the SC regarding the 2023 Local Government election until the inquiry carried out regarding Dolawatte’s privileges issue comes to an end.

After permitting the hearing of a fundamental rights petition filed by the SJB, a three-judge SC bench comprising Justices Preethi Padman Surasena, Janak de Silva, and Priyantha Fernando issued an interim order on 3 March 2023 on Siriwardana, preventing him from withholding the funds allocated through the 2023 Budget for election-related purposes.