A further petition has been filed in the Supreme Court against the proposed 22nd Amendment to the Constitution, extending a run of challenges to the Bill that has continued since it was gazetted and tabled in Parliament.
The petition was lodged by five people Ada Derana described as social media activists: Iraj Weeraratne, Chamara Wijesuriya, Nandana Kuda Meegoda, Nilanth Sathsara Gamage and Milinda Rajapaksa, the outlet reported on Tuesday.
They argue that certain provisions of the Bill breach both the independence of the judiciary and the freedom of expression, and have asked the court to rule that the Amendment can be passed only with the approval of the people at a referendum.
A new ground among the challenges
The freedom of expression argument sets this petition apart from most of those filed before it. Earlier challenges have turned largely on judicial independence and on the sovereignty of the people under Article 3 of the Constitution — the ground on which a referendum requirement rests. The Bar Association’s president and secretary asked the court on Monday to hold that the Bill needs a referendum, and the Illankai Tamil Arasu Katchi has made the same demand.
Ada Derana did not report which clauses the petitioners say restrict expression, or name the respondents.
The Bill would raise the retirement age of Supreme Court judges from 65 to 67 and of Court of Appeal judges from 63 to 65. The government says the change addresses a shortage of judicial officers; critics say extending the tenure of sitting judges by statute compromises the separation of powers. Former Bar Association president Saliya Peiris said on Tuesday that the Amendment should not be enacted at all.
How many petitions there are is still unclear
No single running total has held up across newsrooms. The Speaker told Parliament the count had reached 13 by August 21; Ada Derana put it at 21 by Monday. Hiru News reported a figure of 37 as early as August 19, which no other outlet has matched. The counts announced in Parliament reflect petitions formally notified to the Speaker’s office, which may lag those filed at the registry.
Tuesday’s report does not give a number, saying only that the Bill has been challenged in “another petition” — so it is not possible to say from it where the total now stands.
Ada Derana was the only verified Sri Lankan newsroom carrying this petition when the article was filed on Tuesday afternoon. Checks of the Daily Mirror, NewsFirst, Hiru News and Sri Lanka Mirror found no separate report of it.
