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50 years at the Bar

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Lawyers Upali Gooneratne and M M Zuhair complete 50 years at the Bar having been enrolled as Advocates of the Supreme Court on 23rd May 1972 before the then Chief Justice H N G Fernando and Justice C B Walgampaya.Following the promulgation of the first Republican Constitution of Sri Lanka on 22nd May 1972, Upali Gooneratne and M M. Zuhair became the first and second lawyers respectively to take oaths as Advocates under the new Constitution. Both of them are alumni (1968-1970) of the Sri Lanka Law College headed at the time by late R K W Gunasekera, its distinguished Principal.

Zuhair was appointed President’s Counsel in 2001 and Gooneratne took silk in 2010 with both of them having independent active practice in the Supreme Court, the Court of Appeal and in the original courts in the island handling criminal cases, fundamental rights cases and writ applications.Gooneratne was also enrolled as a Solicitor of the Supreme Court of England in 1981 and as a Barrister New South Wales and Victoria in Australia in 2004. He headed the Bar Association of Sri Lanka (BASL) as its President from 1999 to 2001 and Chairman Legal Aid Commission of Sri Lanka from 2001 to 2005. Earlier in 1977, he also served as the Secretary-General of the Asian Legal Research Institute (ALRI) based in Japan.

Amidst a busy legal practice, Gooneratne also functioned as the Criminal Law Lecturer and Examiner at the Sri Lanka Law College and as a member of the Board of Studies of the Incorporated Council of Legal Education. He was also a member of the Board of Studies on Forensic Medicine of the Post Graduate Institute of Medicine of the University of Colombo. While being a member of the Unofficial Bar, he led evidence at the Special Presidential Commission of Inquiry into the assassination of the late Minister Lalith Athulathmudali PC on the invitation of the Chairman of the Commission Tissa Bandaranaike, Judge of the Supreme Court.

Zuhair joined the Attorney General’s Department as a State Counsel in 1973. He served the State for ten years, the first five years in the civil side and the second five years in the criminal side. He prosecuted in bribery cases, in murder trials and prevention of terrorism cases in the High Court and also appeared for the State in criminal appeals. He was promoted as a Senior State Counsel in 1981 but reverted to the unofficial bar in 1983 sometime after the July 1983 riots.

In the unofficial bar he had an extensive practice handling mainly criminal cases as well as writ applications in the superior courts. From 1994 to 2000, Zuhair was a Member of Parliament on the Peoples’ Alliance National List in the Chandrika Bandaranaike Kumaratunga government and served in several parliamentary committees. In 2004 and 2005, he headed the national TV as Chairman, Sri Lanka Rupavahini Corporation (SLRC) and also served as the Chairman of the Board Governors of Zahira College, Colombo. He functioned as Sri Lanka’s Ambassador to Iran from 2006 to 2012. Presently Zuhair continues his legal practice.



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Justice Minister hits back at CLA

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Harshana Nanayakkara

By Saman Indrajith

Justice Minister Harshana Nanayakkara yesterday told Parliament that the Commonwealth Lawyers’ Association (CLA) was not an organisation officially recognised or registered under the Commonwealth Secretariat, but a fee-levying private association.

Responding to a question by Opposition and SJB Leader Sajith Premadasa on why he had failed to meet CLA representatives, who recently visited Sri Lanka, Nanayakkara said he had offered them a date and time for a meeting, but they had been unable to attend.

The Commonwealth Lawyers Association (CLA) has questioned procedural fairness and other matters of concern in a report that deals with the Supreme Court hearing petitions against the 22nd Amendment to the Constitution. Among the issues raised by CLA President Steven Thiru, is the composition of the five-member bench.

The Minister said the CLA representatives subsequently requested another date, but he had already scheduled official engagements for the proposed day.

Nanayakkara said it was, therefore, incorrect to claim that he had refused to meet the CLA delegation.

“The CLA is not an official body accepted or admitted into the Commonwealth of countries. It is a private club whose members pay fees for membership,” he said.

However, the Minister said he was not suggesting that the organisation was “a bad organisation”, adding that the accuracy of several statements made by CLA members during their visit to Sri Lanka had yet to be established.

Nanayakkara identified lawyer Upul Jayasuriya as the CLA’s local representative and said Jayasuriya had sought a meeting with him.

“I gave him the opportunity, but he came up with the excuse that he could not make it as he was not in Colombo. Therefore, it is wrong to state that I did not give them time,” the Minister said.

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First visit by an Indian Defence Minister since IPKF deployment

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Deputy Minister Maj. Gen. Aruna Jayasekera receiving Indian Defence Minister Rajnath Singh on his arrival at the Bandaranaike International Airport (BIA) yesterday.

By Shamindra Ferdinando

Indian Defence Minister Rajnath Singh is in Colombo on a three-day official visit, the first by an Indian Defence Minister since the 1988 visit by K.C. Pant, during Rajiv Gandhi’s tenure as the Prime Minister.

The Indian Defence Ministry declared that the visit would further strengthen the traditionally strong and friendly bilateral relations in mutually beneficial areas, including a strong maritime and defence partnership.

The visit takes place in the wake of Sri Lanka and India signing seven MoUs, including one on defence, in April 2025. Communist Party General Secretary Dr. G. Weerasinghe told The Island that the government should set the record straight regarding the rapidly developing military relations with the US and India. The acquisition of Colombo Dockyard Ltd., by Indian Defence Ministry-run Mazagon Dock Shipbuilders Limited, soon after the finalisation of MoUs, underscored New Delhi’s strategy, Dr. Weerasinghe said. Responding to another query, Dr. Weerasinghe said that the government should take this opportunity to discuss the Tamil Nadu fishing fleet poaching on Sri Lankan waters.

Pant visited during the Indian Army operations against the Liberation Tigers of Tamil Eelam (LTTE) in the Northern and Eastern Provinces here, while Pranab Mukherjee visited Colombo, in August 2005, to pay last respects to assassinated Foreign Minister Lakshman Kadirgamar.

Indian and Sri Lanka governments said that the visit was meant to strengthen cooperation between the two neighbouring countries in the fields of defence, economic engagement, maritime affairs and regional security.

An Indian warship arrived at the Colombo harbour ahead of the Defence Minister’s visit, reminiscent of old gunboat diplomacy. INS Udayagiri’s visit coincided with the Defence Minister’s visit. The Defence Minister’s delegation included senior officials from Ministry of External Affairs.

During the visit, the Indian Defence Minister is scheduled to hold high-level discussions with President Anura Kumara Dissanayake who also holds the Defence portfolio, Prime Minister Dr. Harini Amarasuriya and Defence Secretary Sampath Thuyacontha. He is also expected to meet members of the Indian community, residing in Colombo.

Dr. Weerasinghe said that the NPP government conveniently extended the moratorium on foreign research vessels imposed during Ranil Wickremesinghe’s tenure in 2024. The CP official said that the media alleged that that decision was taken at the behest of the US and India but nearly two years after the last presidential election the ban remains.

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“I’m not a war criminal, I fought for my country”: Shavendra Silva

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Shavendra Silva

Former Army Commander and Chief of Defence Staff General Shavendra Silva has rejected allegations of wrongdoing during the final stages of war against the LTTE, declaring his readiness to answer specific accusations against him and questioning the basis on which he has been sanctioned internationally.

In an interview with India-based “Impact Stories,” retired General Silva said the Sri Lankan military had fought the Liberation Tigers of Tamil Eelam (LTTE) professionally and had sought to minimise civilian casualties during the final military offensive.

Silva, who commanded the Army’s 58 Division during the final phase of the war in 2009, said he had repeatedly sought an explanation for sanctions imposed on him.

“I have been sanctioned by the United States of America, and I was sanctioned recently by the United Kingdom. For what? I have been asking, tell me what I have done wrong,” Silva queried.

“I’m not a war criminal. I fought for my country,” he added, arguing that if he had violated military law, he should have been investigated and punished under the appropriate mechanisms.

The United States imposed travel restrictions on Silva and his immediate family in 2020, citing what it described as credible information of his involvement, through command responsibility, in alleged gross violations of human rights during the final phase of the war. The United Kingdom later imposed sanctions on Silva in 2025 over alleged human rights violations during the conflict.

Silva rejected allegations that the military deliberately targeted civilians, while acknowledging that civilian deaths could have occurred during the fighting.

“There would have been deaths of civilians, but those are not intentional,” he said, adding that military planning sought to minimise civilian casualties and that targets were avoided when civilians were observed nearby.

Recalling the final stages of the offensive, Silva said his division rescued more than 123,000 civilians and that more than 75% of, approximately 12,000 LTTE members, who surrendered at the end of the conflict, had surrendered to his division.

He said surrendered LTTE members were subsequently rehabilitated and reintegrated into society, arguing that this demonstrated the military’s approach toward those who laid down their weapons.

Silva also recalled an “encirclement operation” in which he said a large number of LTTE bodies were recovered. He said a senior LTTE northern commander was among those found dead and was dressed in civilian clothes while carrying a weapon.

“One could say a civilian was killed. No, he was the LTTE northern commander,” Silva said, arguing that combatants wearing civilian clothing could subsequently be counted as civilian casualties.

Silva also accused the LTTE of using civilians as human shields, preventing people from leaving areas under its control and positioning military assets near civilian locations during the final stages of the conflict.

He criticised successive Sri Lankan governments for what he described as a failure to effectively present the military’s account of the war internationally, saying this had allowed allegations against Sri Lankan troops to gain traction overseas.

Silva called on governments and international organisations making allegations against Sri Lankan forces to engage directly with those accused and present specific incidents for explanation.

“Come to a dialogue,” he said. “Tell us, ‘You all had done this on this particular day, at this particular time,’ so that we can clarify.”

“If we have done something, we will accept,” he added.

Silva also rejected claims that the LTTE represented the wider Tamil community, saying grievances should be addressed politically rather than through armed violence. He cited the LTTE’s assassinations, suicide attacks and forced recruitment while arguing that entire ethnic or religious communities should not be blamed for the actions of the organisation or its supporters.

The former Army Commander said the military’s objective had been to defeat the LTTE and free civilians from its control, while maintaining that Sri Lankan troops did not intentionally commit abuses against civilians.

Sri Lanka’s final military offensive remains the subject of longstanding international scrutiny. United Nations investigations and international human rights organisations have alleged serious violations of international humanitarian and human rights law by both government forces and the LTTE during the final stages of the conflict. Sri Lankan military leaders, including Silva, have repeatedly rejected allegations that government forces deliberately targeted civilians.

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