Petition filed in Supreme Court challenging Indo-Lanka Digital Identity Deal

30 July 2025

https://www.dailymirror.lk/author/LAKMAL-SOORIYAGODA

Colombo, July 30 (Daily Mirror) - A Fundamental Rights petition has been filed in the Supreme Court seeking an order preventing the government from proceeding with the Memorandum of Understanding between Sri Lanka and India on the implementation of the Sri Lanka Unique Digital Identity (SLUDI) Program, funded through a grant from the Government of India.

Lina Amani Rishard Hamid, a member of the executive committee of a voluntary organization named “The Nationalist” filed this petition, naming the President in his capacity as Minister of Digital Economy, the Prime Minister, the Cabinet of Ministers, and several others as respondents.

In her petition, the petitioner is challenging the government’s recent decisions regarding the Sri Lanka Unique Digital Identity (SLUDI) project, alleging grave violations of the Constitution, data sovereignty, national security, and public finance laws.

The petitioner is further seeking an order directing the authorities from taking any action to suspend or delay the implementation of the e-NIC project already deployed at the Department of Registration of Persons, Sri Lanka.

The petitioner alleged that the government has secretly amended a Memorandum of Understanding (MoU) with the Government of India, effectively outsourcing Sri Lanka’s digital identity infrastructure and biometric data control to Indian authorities and contractors.

The petitioner said that two Cabinet decisions dated January 27 and June 2, 2025 were taken in secrecy without informing Parliament or the public, approving sweeping amendments to the original 2022 MoU with India. The petitioner alleged that these amendments allow India to select and control the core technical infrastructure, including the Master System Integrator (MSI) and biometric database software (MOSIP).

The petition contended that the arrangement compromises data sovereignty, economic independence, and national security by permitting a foreign state to exercise control over sensitive citizen identity systems.

The petitioner maintained that Sri Lankan institutions had already developed a fully functional e-NIC (Electronic National Identity Card) system, with over Rs. 5.5 billion invested and more than 80% of implementation completed. The project was reportedly ready for deployment with minimal additional funding, yet was sidelined in favor of the SL-UDI project pushed by India.

The petitioner alleged that the government of breaching Articles 1, 3, 4, 12, 14A, and 157 of the Constitution, among others, by surrendering sovereign powers without parliamentary approval, and by concealing the amended MoU from the legislature and the public.

This petition had been filed though Attorney-at-Law H.M. Thillakarathna and to be supported by Senior Counsel Canishka Witharana.