Transparency International Sri Lanka (TISL) filed a petition in the Supreme Court challenging the proposed Anti-Corruption (Amendment) Bill 2026, warning that the changes represent a major policy regression and undermine constitutional safeguards.
The petition, lodged on August 31, argues that several clauses of the Bill are inconsistent with Articles 1, 3, 4, 12, 13, 14(1)(a), 14A, 126, 140, and 156A(1)(c) of the Constitution.
TISL contends that the amendments infringe on the sovereignty of the people, restrict the Right to Information Act, and impinge on judicial power.
Concerns were raised regarding key provisions, including Clause 4, which removes judicial oversight on accomplice prosecutions by allowing the Director-General of CIABOC to refrain from prosecuting accomplices without magistrate authorisation.
Clauses 6 and 18 raise the threshold of state shareholding from 25% to 50%, exempting many state-linked companies from asset declaration requirements despite their control over public assets.
Clause 7 repeals the requirement to declare assets of cohabitants, creating loopholes for concealing illicit wealth.
Clause 11 grants CIABOC broad redaction powers and criminalises the use of redacted asset declarations beyond formal submissions, making it punishable by fines or imprisonment.
TISL warns that these changes would severely restrict civic space, journalism, and free media, creating a chilling effect on freedom of expression guaranteed under Article 14(1)(a).
The petition also challenges provisions making bail the exception and remand the norm, arguing they are vague, overbroad, and violate proportionality principles.
TISL urged the Supreme Court to determine that the contested clauses cannot become law unless passed by a two-thirds majority in Parliament and approved by the people at a referendum.
The petition, lodged on August 31, argues that several clauses of the Bill are inconsistent with Articles 1, 3, 4, 12, 13, 14(1)(a), 14A, 126, 140, and 156A(1)(c) of the Constitution.
TISL contends that the amendments infringe on the sovereignty of the people, restrict the Right to Information Act, and impinge on judicial power.
Concerns were raised regarding key provisions, including Clause 4, which removes judicial oversight on accomplice prosecutions by allowing the Director-General of CIABOC to refrain from prosecuting accomplices without magistrate authorisation.
Clauses 6 and 18 raise the threshold of state shareholding from 25% to 50%, exempting many state-linked companies from asset declaration requirements despite their control over public assets.
Clause 7 repeals the requirement to declare assets of cohabitants, creating loopholes for concealing illicit wealth.
Clause 11 grants CIABOC broad redaction powers and criminalises the use of redacted asset declarations beyond formal submissions, making it punishable by fines or imprisonment.
TISL warns that these changes would severely restrict civic space, journalism, and free media, creating a chilling effect on freedom of expression guaranteed under Article 14(1)(a).
The petition also challenges provisions making bail the exception and remand the norm, arguing they are vague, overbroad, and violate proportionality principles.
TISL urged the Supreme Court to determine that the contested clauses cannot become law unless passed by a two-thirds majority in Parliament and approved by the people at a referendum.
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