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Editorial

22A: Flawed logic and mistruths

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Thursday 10th September, 2026

Sri Lankan politicians are notorious for carrying out personal attacks instead of countering arguments. So, the JVP-NPP government’s attack on the Commonwealth Lawyers’ Association (CLA) in Parliament on Tuesday (08) came as no surprise. The CLA, whose President Steven Thiru attended the recent Supreme Court (SC) hearing of petitions against the 22nd constitutional amendment (22A) bill, as an observer, has raised concern over several key issues, such as the rejection of a request for a full bench, the refusal of a request for the Chief Justice’s recusal, non-inclusion of senior judges on the SC bench, and the denial of opportunity for petitioners to make oral submissions.

Minister of Justice Harshana Nanayakkara took great pains to belittle the CLA, in Parliament on Tuesday, claiming that it was not an organisation officially recognised or registered under the Commonwealth Secretariat. It was a private club whose members paid fees for membership, he claimed. Deputy Minister Sunil Watagala joined the Justice Minister in bashing the CLA. Both of them are lawyers.

The government also resorted to the classical straw-man approach; misrepresenting the CLA arguments as biased views of an organisation lacking Commonwealth recognition, it claimed that they were both unacceptable and unworthy of consideration. The CLA’s observations on the SC hearings went unchallenged in Parliament for all intents and purposes.

Defending the CLA and its observations, Opposition Leader Sajith Premadasa said that if the government did not recognise the CLA it ought to make a formal statement in Parliament to that effect. The ruling party members ignored his challenge. Another Opposition MP demanded to know why the Justice Minister said he had agreed to meet Steven Thiru if he thought the CLA was only a private club.

There is no way the government can justify its diatribe against the CLA. This is what the Commonwealth Secretariat’s own website says about the CLA: “The CLA’s objectives are to maintain and promote the rule of law throughout the Commonwealth: CLA is a pan-Commonwealth organisation which seeks to uphold the rule of law in the Commonwealth by encouraging exchange of ideas between legal professionals, academics and students, through projects and by driving improvements in legal education. It holds a number of short events throughout the year and has a biennial conference, the Commonwealth Law conference, which regularly attracts over 1,000 delegates including some of the finest legal professionals in the world today to discuss issues of interest to the profession over a four-day period.” It will be interesting to hear what the government has to say about this? One can only hope that in a bid to defend the indefensible, the JVP-NPP bigwigs will not condemn the Commonwealth itself as a colonial relic that perpetuates the imperial legacy, facilitates British soft power, reproduces unequal North-South relationship, retains the monarchy as an important symbol of its imperial past, and serves elite interests.

Besides the CLA, the International Association of Judges, representing 93 national organisations across five continents, LAWASIA and the French National Bar Council have taken exception to 22A. In fact, counsel, warnings and criticism need not come from experts for them to be worthy of consideration. For example, a warning that the rear wheels of a heavy vehicle being reversed are dangerously close to the edge of a precipice could come from a child. To disregard such warnings is to invite disaster. One may recall that it was a child who told the proverbial emperor that he was waking in the buff while everyone else was pretending to admire his new clothes.

Meanwhile, the position of some prominent civil society activists and public intellectuals on 22A defies logic. One could argue that they are engaged in an intellectual steeplechase, skillfully clearing all obstacles except the key issues, especially the possible politico-legal consequences of 22A. Perhaps, they are wary of offending President Anura Kumara Dissanayake by expressing their candid views and therefore behave like the proverbial curate who lacked the courage to say an egg on his plate was bad and in deference to his host and Bishop claimed that parts of it were excellent.

If raising mandatory retirement ages is a sine qua non for making a system efficient and doing away with delays, as the government has claimed in the case of the judiciary, then one can argue that the retirement ages of doctors, university teachers, and other state employees must also be raised as part of a strategy to do away with delays that characterise government hospitals, universities, the Department of Motor Traffic, the Department of Registration of Persons, the Department of Immigration and Emigration, the Colombo Port, the state-owned bus service, etc.

The SC determination on 22A is yet to be announced. Nevertheless, if the legitimacy and acceptability of laws derive solely from SC determinations thereon, then one can argue that no one should be critical of the 18th Amendment (2010), which abolished the presidential term limit and concentrated more power in the executive presidency for the benefit of the then President Mahinda Rajapaksa, and the 20th Amendment (2020), which allowed dual citizens to serve as legislators, benefiting the then President Gotabaya Rajapaksa’s sibling Basil. Those amendments passed muster with the apex court but obviously lacked legitimacy and acceptability. The Prevention of Terrorism Act was also ‘duly passed’ by Parliament, but it is one of the worst laws this country has ever seen. The same holds true for 22A, crafted to enable the JVP-led government to consolidate its grip on power and lay the foundation for the perpetuation of its rule. NPP General Secretary Dr. Nihal Abeysinghe has publicly stated that the JVP/NPP will be in power until 2050. One may recall that the JVP went on a killing spree and destroyed state assets worth billions of dollars in a bid to scuttle the 13th Amendment, which was passed by Parliament with a five-sixths majority. So, as for 22A, problems will not go away even if the government succeeds in securing its passage.



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Editorial

Fuelling discontent and protest

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Saturday 3rd October, 2026

Private fuel bowser owners were up in arms, yesterday, claiming that they were incurring huge losses because the Ceylon Petroleum Corporation (CPC) had not increased commissions for fuel distribution. Unless the CPC responded favourably to their demand for a substantial increase in commissions, they would be left with no alternative but to stop fuel distribution completely with immediate effect, they warned, noting that the CPC had promised to announce its final decision yesterday.

The Ceylon Petroleum Private Tanker Owners’ Association (CPPTOA), which is leading the fuel bowser owners’ struggle, said yesterday that it expected their commission to be raised at least to 20%, as the cost of fuel distribution had increased sharply. A meeting between the CPPTOA representatives and the CPC officials was going on at the time of writing.

It defies comprehension why the CPC lets the grass grow under its feet without addressing issues that have the potential to cripple fuel distribution. The CPPTOA had been protesting for weeks, but the CPC ignored fuel distributors’ demand. It may have expected the problem to go away with the passage of time. Everything possible must be done to prevent pumps from running dry at filling stations, causing hardships to the public and adversely impacting the economy.

The CPC should have taken immediate action at the first sign of trouble and invited the CPPTOA to talks instead of waiting until the eleventh hour. Prudence demands that a game of chicken be averted in a crucial sector like petroleum distribution.

Issues that could cripple the petroleum sector are best sorted out at the negotiating table, which is the ideal place for bargaining. We are not in a position to say whether it is fair for the CPPTOA to demand a 20% commission, but the fuel distributors’ grievances should be addressed and the CPC ought to hold talks with them and negotiate solutions as and when issues crop up. Flexibility is a prerequisite for resolving trade union problems. Intransigence and brinkmanship only aggravate such issues, much to the detriment of the country’s interests. If bowser operators stopped distributing fuel for a couple of days, perish the thought, it would take a considerable time to replenish supplies thereafter, and fuel queues would reappear. Disruptions to fuel distribution could have a domino effect on virtually every other sector of the economy.

The fragile economy, which is recovering from an unprecedented crisis, cannot take any more shocks, and the patience of the public is manifestly wearing thin. Petroleum sector trade unions have claimed that the CPC is selling fuel from older stocks at higher prices, while fuel distributors have called upon the government to scrap the loss-recovery levy immediately, arguing that the CPC’s legacy debt has now been fully repaid. These are the issues the Opposition should take up in Parliament instead of making loud noises that signify nothing.

One can only hope that the CPC and the CPPTOA will resolve the commission issue through negotiations, and the CPC will act more responsibly in the future without trying to wish away trade union issues that could cripple the petroleum sector.

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Editorial

Colombo Port drug bust: The plot thickens

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Friday 2nd October, 2026

An inquiry conducted by the Police Special Investigation Unit (SIU) into some allegations concerning the circumstances that surrounded the 31 August drug detection at the Colombo Port has revealed that there may have been dereliction of duty on the part of Senior Deputy Inspector General of Police (SDIG) Ranmal Kodituwakku and several other officers, according to media reports. The plot thickens.

Acting on information reportedly received from the US Drug Enforcement Administration, the Central Crime Investigation Bureau (CCIB) searched a shipping container, bound for Cameroon, at the Colombo Port, and detected a large quantity of crystal methamphetamine weighing about 471 kg. The intelligence that led to the drug detection had been conveyed to SDIG Kodithuwakku, who was overseeing the CCIB. It was reported that the officers of the CCIB had obtained a search warrant from a Magistrate before opening the container, with the help of some personnel from the Police Narcotics Bureau and Sri Lanka Customs. Now, there is another version of how the drug detection was made.

SIU is reported to have found that both SDIG Kodithuwakku and the Police Narcotics Bureau received information about the drug consignment, on 14 August, but no action was taken immediately. On 22 August, a sub Inspector of the CCIB also received the same information. He subsequently took action and on 31 August, the container was opened in the presence of the Customs officers. The SIU investigators are reported to have found that some officers of the Police Narcotics Bureau were also present at the scene, but the initial detection of the drug consignment was carried out primarily by officers of the CCIB. SIU has recommended that in addition to the internal inquiry a criminal investigation should be conducted, according to media reports. But was the opening of the container strategically delayed, as has been claimed in some quarters? There have been numerous such instances around the world. The SIU investigators therefore ought not to rush to conclusions before establishing whether the delay, if any, formed part of a deliberate investigative strategy.

It has been reported that French Customs found 139 kg of cocaine in a shipping container at Marseille last year but instead of seizing the drug consignment immediately, it resorted to a controlled delivery of the big box to Barcelona, where a stevedore, two recipients and a transporter were arrested.

In 2023, after detecting 240 kg of methamphetamine in a 40-foot-container, Hong Kong Customs arranged for an international controlled delivery to Australia, where the box was bound for, and several arrests were made there. In May 1985, U.S. Customs allowed a drug-laden shipping container arriving at Port Newark to proceed under surveillance in a controlled-delivery operation in order to identify the people who would take delivery of it.

Police investigations have not always inspired public confidence in this country. There have been many instances where they conducted investigations hurriedly and arrived at the wrong conclusions. In 2015, the CID arrested two suspects, including a schoolboy, over the abduction, rape and murder of a little girl in Kotadeniyawa. It was later found that the perpetrator was someone else. Another striking example is the arrest of two former LTTE cadres after the execution-style killing of two policemen in Vavunathivu in 2018. But after the Easter Sunday terror attacks the following year, the CID found that the two policemen had been murdered by the National Thowheed Jamaath, which carried out the 2019 carnage.

So, one can argue that there is nothing inherently implausible about the claim that the opening of the container carrying narcotics at the Colombo Port was postponed in a bid to catch all those responsible for the illegal operation. Only a thorough probe will reveal whether this method was actually adopted in the case of the port drug bust.

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Editorial

Drug busting, transfers and trust deficit

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Thursday 1st Octobber, 2026

Media reports about a Police Headquarters decision to transfer Senior Deputy Inspector General of Police (SDIG) Ranmal Kodithuwakku, who oversees the Central Crime Investigation Bureau (CCIB), and several other senior police officers involved in uncovering a massive drug haul recently have raised many an eyebrow. The Police Department is reported to have sought the National Police Commission’s approval for their transfers, citing organisational/service requirements. The news about the proposed transfers has come while an inquiry is underway into the recent seizure of a large quantity of crystal methamphetamine (Ice) at the Colombo Port. Kodithuwakku has already made a statement to the Criminal Investigation Department in connection with that inquiry. The sequence of events is noteworthy.

On 31 August 2026, the police, acting on intelligence passed by the US Drug Enforcement Administration, searched a shipping container at the Colombo Port and seized a large quantity of crystal methamphetamine weighing about 471 kg. The intelligence had been received by SDIG Kodithuwakku. Officers of the CCIB had obtained a search warrant from a Magistrate before opening the container, together with some officers of the Police Narcotics Bureau and Sri Lanka Customs. The drugs were concealed among towels or body wipes.

The Police Special Investigation Unit lost no time in commencing the inquiry under discussion into alleged shortcomings, omissions and possible lapses in the handling of the drug investigation. However, it is generally believed that those who carry out successful operations of this nature deserve praise and rewards. The challenge for the police therefore is to prove that the ongoing inquiry and controversial transfers are not aimed at taking the gloss off the successful anti-narcotics operation.

Police have also claimed that the internal inquiry will not interfere with the main criminal investigation being conducted by the CCIB. However, it may be recalled that the leaders of the incumbent administration accused the SLPP government of having disrupted investigations into the Easter Sunday terror attacks and other major cases by transferring the then CID Director SSP Shani Abeysekera in late 2019. So, how can the police top brass convince the public that the transfers of SDIG Kodituwakku and others will not adversely impact the ongoing probe into the port drug haul?

One can argue that the reasons given by the police for the inquiry and the transfers in question are not plausible, for it is widely believed that whenever senior officers conduct investigations or operations that are not to the liking of their superiors or politicians in power, they face inquiries and transfers. The National Police Commission is also widely perceived as a rubber stamp for the Executive. It is therefore hardly surprising that the media and the discerning public do not readily accept the explanations offered by the Police Spokesman and his superiors about internal inquiries and lightning transfers. There is a huge trust deficit.

Meanwhile, one may recall that nobody was transferred over the Colombo Port container scandal. As many as 323 red-flagged freight containers were released from the Colombo Port without mandatory Customs inspections, in January 2025, and what those big boxes carried is anybody’s guess. The Customs made a shameful attempt to defend the indefensible, and its Spokesman who trotted out lame excuses in a bid to mislead the media and the public became the Customs Chief and received a top position at the Presidential Secretariat after his retirement.

Sri Lankans are familiar with the local folk-story character, King Kekille, who invariably let wrongdoers off and punished the innocent in cases brought before him. Going by the way Sri Lankan politicians have been handling crucial issues under successive governments, one wonders whether King Kekille actually lived in this country and whether the present-day rulers are his descendants. Kekille once punished a goldsmith over a defect in a newly built wall around his palace. When questioned by the king, the mason who built the wall claimed that he had been distracted, during construction work, by a good-looking woman, who passed the worksite several times a day. The woman, summoned by the king, said she had been forced to visit the goldsmith frequently as he had not finished making her jewellery. So, the king shifted the blame to the goldsmith and punished him.

One need hardly be surprised even if those who smuggled drugs into the country through the Colombo Port walk free while the police officers who conducted the successful operation find themselves in the dock. Anything is possible in this country. The onus is on the police top brass to provide a credible justification for the controversial internal inquiry and transfers ordered by them.

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