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Manohara makes strong case for draft Constitution, responds to criticism

Published

2 years ago

2023/10/16

By Shamindra Ferdinando

President’s Counsel Manohara de Silva has strongly defended the retaining of the controversial 13th Amendment introduced at the behest of India in the new draft Constitution formulated by a 9-member committee appointed by former President Gotabaya Rajapaksa.

Manohara, one of the members of the committee headed by Romesh de Silva, PC, emphasised that the controversial Amendment enacted in the wake of the Indo-Lanka Accord signed in July 1987 had been diluted by the draft Constitution therefore Provincial Council system no longer posed a threat to the country’s unitary status.

An outspoken critic of foreign intervention, Manohara said so at a symposium organized by the Buddhasasana Karyasadaka Mandalaya at Sri Lanka Foundation (SLF) recently.

The constitutional expert challenged those skeptical of the draft Constitution to prove the committee wrong. The lawyer appreciated the Buddhist grouping taking the lead in educating the public on the proposed Constitution in the absence of the Wickremesinghe-Rajapaksa government taking any interest in the ex-President’s project.

However, on behalf of the Coalition Against Partition of Sri Lanka, its Convener retired Lt. Gen. Jagath Dias sought an explanation from the committee regarding the representations made by the Tamil National Alliance (TNA), one-time LTTE ally, pertaining to new constitutional proposals.

The Gajaba Regiment veteran also asked whether the discourse on the draft Constitution initiated on Oct. 12 would continue and the availability of an opportunity to make suitable amendments having considered fresh views in that regard.

Lt. Gen. Dias, who has declared that the full implementation of the 13th Amendment would undermine Sri Lanka’s unitary status, stressed the need for wider consultations regarding constitutional amendments.

President’s Counsel Romesh de Silva declined to reveal the submissions made by the TNA delegation, led by its leader R. Sampanthan. De Silva received the backing of four members of his committee, namely Manohara de Silva, Sanjeewa Jayawardena, PC, Samantha Ratwatte, PC and Navin Marapana, PC.

The team leader said that the dialogue between them and the TNA or any other party couldn’t be discussed publicly though necessary amendments could be effected following discussions. The committee explained that their responsibility was to produce a draft Constitution and further actions should be the prerogative of the government in power. The committee acknowledged that since the handing over of the draft Constitution to the then President, nothing has been done. The gathering was told that based on further discussions on the subject matter the process could be advanced in consultation with relevant parties.

Manohara de Silva said that in the absence of the Gotabaya Rajapaksa government and the Wickremesinghe-Rajapaksa government sleeping on it, Buddhasasana Karyasadaka Mandalaya, invited them to educate the public of the initiative. “We are only invitees here. Perhaps, they’ll continue this process,” the top lawyer said.

Ven. Athureliye Rathana, MP, threw his weight behind the effort. The MP monk asserted that the draft Constitution cleverly proposed a way out of a sensitive issue as it involved India and couldn’t be dealt with haphazardly. The monk stressed the need to further improve the section that dealt with waste, corruption and irregularities and closer look at economic policies. The former JHU heavyweight pointed out how Sri Lanka handled the power sector without adhering to tender procedures, thereby causing enormous loss to the national economy.

In his speech, Manohara de Silva responded to criticism directed at their draft Constitution. Declaring that what had been proposed was not the 13th Amendment that was already in the Constitution now, the lawyer said that they opposed it because the Provincial Council exercised more powers than the government.

The crux of the matter is in case Provincial Councils enacted a law in terms of the current Constitution, the Parliament has no say. The 13th Amendment to the Constitution has been enacted at the expense of Parliament, Manohara said, adding that the Supreme Court that was sharply divided on the issue allowed the law to be passed on the basis the Parliament with a two-thirds majority could do away with it.

Therefore, the 13th Amendment diluted the power of Parliament, the lawyer said, declaring that draft Constitution proposed that though the Provincial Councils could enact laws relevant, Parliamentary laws wouldn’t be undermined by them. De Silva explained that the 13th Amendment compelled the Governors of the Provinces appointed by the President to work in consultation with the provincial ministers. Alleging it dented the executive authority pertaining to what he called provincial subjects, Manohara said that they proposed measures to be taken against in case Provincial Councils resorted to wrong executive decisions.

Perhaps one of the most significant proposals was to do away with elections to the Provincial Councils, the lawyer said, explaining how the required number of PC members could be elected at the Local Government polls, thereby saving quite a considerable amount of funds. Manohara de Silva stressed that what was proposed by them were not the PCs established under the current law.

“Some asked why the whole thing was not scrapped altogether. We discussed this matter. We could have formulated the draft constitution without the relevant section on Provincial Councils,” he said, referring to various constitution making attempts with the focus on the project undertaken by M.A. Sumanthiran, MP, and the then UNP National List Member Dr. Jayampathy Wickremaratne during the Yahapalana administration.

Warning the audience of the threat posed by President Ranil Wickremesinghe’s declaration that he intended to build on the Yahapalana constitutional project, De Silva said that political parties represented in Parliament, and outside, wanted the PC system to continue. Those who had appeared before the committee sought the continuation of the PCs as they wanted their offspring and henchmen to use them as launching pads for parliamentary careers. Therefore, the only option available was to dilute the PCs as the Parliament wouldn’t allow abolition of PCs, the lawmaker said, declaring no government would do so. An irate de Silva said that those represented in Parliament wanted the expansion and strengthening of the system.

Manohara said that members of the nine-member committee could have produced nine different drafts. But, they decided to sink whatever the differences to produce one document that took into consideration views expressed by political parties represented in Parliament and outside.

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SLPP MP killing: 12 Aragalaya activists sentenced to death

Published

8 hours ago

2026/02/12

Sahan Weerasooriya

Amarakeerthi

… ex-Public Security Minister says lives of MP and bodyguard could have been saved

The Gampaha High Court Trial-at-Bar yesterday (11) sentenced 12 persons to death by hanging over the May 9, 2022, killing of former Polonnaruwa District SLPP MP Amarakeerthi Athukorala and his police bodyguard. They were among altogether 39 persons tried by the High Court for the double murder. Of the remaining accused, four persons were handed six-month sentences, suspended for five years, and 23 others acquitted by the Gampaha High Court Trial-at-Bar, consisting of High Court Judges Sahan Mapa Bandara Rashmi Singappuli and A.D. Ruwan Pathirana.

Of the 12 sentenced to death, one continues to evade the law.

The verdict was to be announced on January 14.

Sri Lanka suspended implementation of the death penalty in 1976. The EU has repeatedly warned that resumption of judicial executions would result in consequences.

The new entrant to Parliament, and his bodyguard, were lynched by a ‘Aragalaya’ mob, in broad daylight. They were on their way back to Polonnaruwa when the gang intercepted the MP’s car, in the Nittambuwa town, during violence unleashed in the aftermath of SLPP goons’ attack on those camping at the Gotagohome site at Galle Face.

Footage secured from a nearby CCTV camera showed MP Amarakeerthi Athukorala fleeing the scene with his security officer, who was armed with a gun. Dozens of suspects had been subsequently arrested on several occasions on suspicion of involvement in the MP’s murder. The MP and police officer were killed in a garment store where they took refuge.

Earlier, the case caused major controversy over the Gampaha High Court Trial-at-Bar granting bail to all suspects. The Attorney General appealed to the Supreme Court (SC) to cancel the bail granted by the High Court Trial-at-Bar. The AG argued that releasing the accused on bail would impede a fair trial. The AG asked that the SC cancel the bail order and requested that the accused be placed in remand custody till the conclusion of the trial.

One-time Law and Order Minister Rear Admiral (retd) Sarath Weerasekera told The Island that the lives of the parliamentarian and his police bodyguard could have been saved if the military swiftly responded to the then developing situation. Former Colombo District MP said that he told Parliament that the Army, in spite of having troops at Nittambuwa, didn’t intervene. The powers that be never inquired into the lapses on the part of those responsible for maintaining law and order, the ex-Minister said, alleging that successive governments conveniently neglected that responsibility.

by Shamindra Ferdinando

News

Over one million Lankan devotees venerate sacred relics

Published

8 hours ago

2026/02/12

Sahan Weerasooriya

Exposition of Devnimori Relics of Buddha at the Gangaramaya Temple (pic courtesy IHC)

The Devnimori Relics of Lord Buddha, brought to Sri Lanka on February 04, 2026, departed for India on February 11, 2026, after the successful conclusion of the Exposition at the Gangaramaya Temple in Colombo. The Relics were accompanied by the Governor of Madhya Pradesh Mangubhai C. Patel, and Deputy Chief Minister of Arunachal Pradesh, Chowna Mein, on their return journey.

At the ceremonial departure, at the Bandaranaike International Airport, Minister of Buddhasasana, Religious and Cultural Affairs (Dr.) Hiniduma Sunil Senevi, Deputy Minister of Buddhasasana, Religious and Cultural Affairs Gamagedara Dissanayake, and High Commissioner of India Santosh Jha, were present to see off the Buddha Relics.

IHC spokesperson: ” During the visit, the delegation led by Governor of Madhya Pradesh, and Deputy Chief Minister of Arunachal Pradesh met Minister of Foreign Affairs, Foreign Employment and Tourism Vijitha Herath, Deputy Minister of Environment Anton Jayakody, and Governor of North Western Province Tissa Kumarasiri Warnasuriya. In addition, the dignitaries interacted with members of the Indian-origin community in Sri Lanka.

The Exposition was inaugurated by President Anura Kumara Dissanayaka from the Sri Lankan side, and Governor of Gujarat Acharya Devvrat, and Deputy Chief Minister of Gujarat Harsh Sanghavi from the Indian side, in the presence of the Chief Incumbent of the Gangaramaya Temple Ven. Dr. Kirinde Assaji Thera at the Gangaramaya Temple, Colombo, on February 04, 2026. The week-long Exposition saw over a million devotees paying their respects. Prime Minister of Sri Lanka (Dr.) Harini Amarasuriya and several Cabinet Ministers, as well as the Speaker, the Leader of Opposition, former Presidents and numerous other Members of Parliament paid their respects during the course of the Exposition.

The Exposition marked the first public veneration of these Holy Relics outside of India. Complementing the exposition, two exhibitions titled “Unearthing the Sacred Piprahwa” and “Sacred Relic and Cultural Engagement of Contemporary India” were also held to showcase the shared Buddhist heritage of India and Sri Lanka.

The Exposition was announced by Prime Minister Narendra Modi during his State Visit to Sri Lanka in April 2025. The Exposition further reinforced the spiritual and cultural linkages between the two civilizational partners. India remains committed to deepening the linkages between both countries through continued bilateral initiatives and regular exchanges between the monastic and scholarly communities.”

News

Flooded Chemmani mass grave cleared amidst persistent rain

Published

8 hours ago

2026/02/12

Sahan Weerasooriya

Court officials and others, including lawyers, at the Chemmani mass graves site (pic courtesy Tamil Guardian)

Action was taken on Monday (9) to drain rainwater from the Chemmani mass graves as preparations continued for the next phase of excavation, Tamil Guardian has reported.

During the first and second phases of excavation at Chemmani, a total of 240 sets of human skeletal remains were identified. Of these, 239 sets have so far been exhumed under court supervision.

Although funds had already been allocated and preliminary arrangements were in place to begin the third phase of excavation, persistent heavy rainfall, in Jaffna, since November last year, resulted in rainwater stagnating within the burial site, bringing the process to a halt.

In response, steps were taken on Monday to remove the accumulated water with the assistance of the Nallur Pradeshiya Sabha. However, despite the drainage, the site remains heavily waterlogged and muddy, making immediate excavation unsafe, Tamil Guardian reported.

As a result, it has been decided that a determination on when the next phase of excavation can commence will be made on 16 March, when the case is due to be taken up again. The matter has been adjourned to that date.

The drainage operation was inspected on site by a team that included Jaffna Magistrate S. Lenin Kumar, Judicial Medical Officer Sellaiyah Pranavan, and Attorneys-at-Law Niranjan and G. Rajitha.

Tamil Guardian disclosed that funds allocated last year by the Ministry of Justice for the third phase of excavation have lapsed and been returned, as the work could not proceed within the allocated timeframe. As a result, a fresh budget proposal must now be submitted for the current year in order to secure the necessary funding.

The Judicial Medical Officer has taken steps to submit a new cost estimate to the court, so that the excavation process can resume once conditions at the site permit.