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luwie niranjan Profile picture
@LuwieNiranjan
Aug 20, 2020 • 4 tweets • 3 min read • Read on X
Thread on Indian SC proceedings in #PrashantBhushan contempt case. This makes for a fascinating read. side note #lka does not have an analogous Contempt of Court law (different aspects of contempt of court are provided in other laws) which would cover the facts of this case (1/4)
which means judges in #lka won't have the same statutory limitations that the Indian SC has. This is dangerous & many have been calling on Parliament for years to enact a contempt of Court law.
See for unroll of this long thread (2/4)
Thanks to @LiveLawIndia for the coverage. These cases have significant impact not just on Indian citizens but also to those of us in other countries which regularly cite & adopt the reasoning of the Indian SC. See @DineshaSam great article researchgate.net/publication/33… (3/4)
We can only hope that #lka Supreme Court would follow the wise words of Lord Denning [in Regina vs Commissioner of Police of the Metropolis (1968 2 QB, 150 at154)] on the law of contempt, as opposed to the judgement of the Indian SC in this case. (4/4) Image

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More from @LuwieNiranjan

luwie niranjan Profile picture
Sep 23
Since the PM has resigned the Cabinet of Ministers is dissolved.
So one of the ways President could have navigate the problems of appointing a new cabinet has been shut out. I tried to explain this option in a post last night (1/7)
But the PMs resignation might actually make things easier for the President to justify appointing an NPP member as PM. The Constitution requires that President @anuradisanayake will have to appoint an MP who in his opinion is likely to command the confidence of Parliament. (2/7)
This opinion is not subjective but has to be an objective one. But the political formation of Parliament is such that it is very tricky. With the turmoil in the SLPP in the past few months, it becomes very difficult to decide who has the confidence of the house (3/7)
Read 10 tweets
luwie niranjan Profile picture
Sep 10
Under Sri Lankan law, the moment you get citizenship of another country, by operation of law, you lose your #lka citizenship. You don't need to inform anyone or fill a form, the loss of citizenship is automatic.
You can of course thereafter apply to become "a dual citizen". (1/4)
You cannot vote if you are not a citizen or a dual citizen (See Article 89 of the Constitution). If you do vote, then you are committing an offence (under election law) and also violating immigration law. You can be fined and imprisoned (2/4)
If you are an #lka citizen living / working in another country & want to come back to vote but your passport has expired, you can try to apply for a NMRP (Non- Machine Readable Passports) & Temporary Travel Documents from the closest consulate (3/4)immigration.gov.lk/pages_e.php?id…
Read 4 tweets
luwie niranjan Profile picture
Feb 6
A (longish) thread about the Online Safety Act NOT including the amendments mandated by the Supreme Court in its Special Determination. I usually don't talk about cases i have appeared in, but this raises several interesting constitutional law issues #lka (1/17)
I 1st heard of the draft Bill thanks to @aselawaid sharing information about the cabinet decision, which said the Attorney General had given "clearance for the draft Bill"
The Bill was published (gazetted) on 18/9/2023 / (2/17)
documents.gov.lk/files/bill/202…
The Bill was tabled in Parliament & thereafter challenged by a large number of persons & organisations. The Court in its determination found that a number of clauses of the Bill were inconsistent with the constitution (3/17)newswire.lk/2023/11/15/fac…
Read 17 tweets
luwie niranjan Profile picture
Aug 3, 2022
So the "New version" of the governments 22nd Amendment has been gazetted. The document is available at documents.gov.lk/files/bill/202… some initial comments & thoughts 1/
There aren't many changes from the previous version of the governments 22nd Amendment. A big problem is with the composition of the Constitutional Council, which has not changed from the last draft.This composition gives the gov control over the CC see 2/
Another big problem is that the President can retain the subject of Defence with him. The President can also assign any other subject and function to himself on the advice of the PM. So the President can exercise ministerial powers 3/
Read 10 tweets
luwie niranjan Profile picture
Jun 30, 2022
The government's 22nd Amendment to the Constitution has been gazetted. It is bad. It is far weaker than any of the versions previously proposed by the Minister of Justice (even his own private members bill)
documents.gov.lk/files/bill/202… (1/11)
The Constitutional Council is sham. It gives the government control & is just a continuation of what is there under the 20th amendment. The government will have control of 7 of the 10 members when the President & government are from the same political party / coalition (2/
If the Constitutional Council is controlled by the government, then the "independent commissions" are no longer independent. So it doesn't matter how many new commissions you add. This is NOT what was there in the 19A (3/
Read 11 tweets
luwie niranjan Profile picture
Oct 5, 2020
The Prime Minister's defence of the provisions of the 20th amendment sound like cleverly written legal arguments designed to deflect. A quick response to some of these arguments is important considering the coverage this press statement is getting (1/15)
First of all, what he said @sanjanah context is important & the PM's press release lacks that For more context read the statement by The Sri Lanka Audit Inspectors’ Association who are also challenging these provisions of 20A newswire.lk/2020/09/12/sl-… (2/15)
An clear theme of those defending the 20A in Court & outside is to down play the changes it is making. This is what the Attorney General is doing right now, this is the exact same thing the PM has done. If the changes proposed by the 20A are not consequential why do it? (3/15)
Read 15 tweets

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