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Midweek Review

Vanni war and Israel-Gaza conflict: similarities, differences

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British Tamils occupy Parliament Square in London demanding immediate Western intervention to halt Sri Lankan offensive against the LTTE in 2009 (pic courtesy Tamil Guardian)

The US utilised Hamas attack to prepare an emergency funding project that conveniently accommodated Ukraine battling Russia. The funding amounted to USD 105 bn in military and humanitarian aid to Kiev and Tel Aviv. Having visited Tel Aviv last week, US President Joe Biden declared that their security is directly connected to the success of Ukraine and Israel. Interestingly the largest share of USD 105 bn allocation has been earmarked for Ukraine (more than USD 61 bn) with Israel receiving over USD 14 bn, over nine bn for humanitarian assistance for Ukraine, Israel and Gaza and over USD 14 bn for border enforcement with Mexico. Regardless of US pouring military assistance, Israel remains unsure of its capacity to fight a ground war in Gaza to the finish. The delay in launching the ground offensive underscores Israel’s continuing dilemma. That is the reality.


By Shamindra Ferdinando

Unparalleled Oct. 7 Hamas attack on Israel, triggered a spate of comments on Sri Lanka’s war against the Liberation Tigers of Tamil Eelam (LTTE) that was brought to a successful end in May 2009. Hamas captured about 230 persons, including Israeli military personnel and foreigners and moved them to areas under their control. The abducted persons’ whereabouts remain unclear though four, including two Americans were released so far. Respected expert on terrorism experienced in Sri Lanka, M.R. Narayan Swamy, discussed the similarities of Sri Lanka’s conflict and the ongoing Israel-Gaza war. New Delhi based Swamy, who had served UNI and AFP during his decades long career discussed the issues at hand while acknowledging no two situations were absolutely comparable. Swamy currently serves as the Executive Director of IANS (Indo-Asian News Service).

Now there is a possibility of Lebanon being dragged into the conflict as Iran threatened Israel amidst ongoing heavy exchange of fire between Israeli forces and Lebannon based Hezbollah. However, the battles on the Lebanese border have tied up several Israeli Divisions thereby preventing them from joining the formations deployed against Hamas.

How’s Hamas’ attack similar to that of LTTE?’ and ‘Hamas’ offensive on Israel may bring it closer to LTTE’s fate’ dealt with the issues involved. Let me reproduce Swamy’s comment: “Oct 7 could be a turning point for Hamas similar to what happened to the Liberation Tigers of Tamil Eelam in Sri Lanka in 2006. Let me explain. Similar to Hamas, the LTTE grew significantly over time eventually gaining control of a significant portion of Sri Lanka’s land and coast. The LTTE was even more formidable than Hamas. It had a strong army, growing air force and a deadly naval presence. Unlike Hamas the LTTE successfully assassinated high ranking political figures in Sri Lanka and India. Notably LTTE achieved this without direct support from any country well Hamas received military and financial backing from Iran and some other states [emphasis is mine]. The LTTE became too sure of their victories overtime. They thought, they could never be beaten and that starting a war would always make them stronger. But in 2006 when they began Eelam War 1V their leader Velupillai Prabhakaran couldn’t have foreseen that within three years he and his prominent group would be defeated. Prabhakaran believed gathering tens of thousands of Tamils during the last stages of war would protect them and Sri Lanka wouldn’t unleash missiles and rockets. Colombo proved him wrong. They were hit. By asking the people not to flee Gaza despite Israeli warnings Hamas is taking a similar line. Punishing all Palestinians for Hamas’ actions is unjust just like punishing all Tamils for LTTE’s actions was wrong. The LTTE claimed to fight for Tamils without consulting them and Hamas claimed to represent Palestinians without seeking the approval for the Oct.7 strike. Well two situations are not absolutely comparable. We can be clear that Hamas is facing a situation similar to what the LTTE faced shortly before its end. Will Hamas meet a similar fate as the LTTE? Only time will answer that question.”

Swamy quite conveniently refrained from mentioning India’s direct role in setting up one of the deadliest terror projects in the world in the 80s. How could he forget the loss of nearly 1,400 Indian military personnel and double that number wounded here?

Former Editor of The Hindu Malini Parthasarathy who also had served as Chairperson of The Hindu Group released a list of politicians assassinated by the LTTE, as she hit back hard at those who raged against the comparison of the Hamas to the LTTE. The list included two Jaffna District MPs, Arumugam Murugesu Alalasundaram and Visvanathan Dharmalingam, assassinated in early Sept 1985. Slain Visvanathan Dharmalingam’s son, Dharmalingam Siddharthan, who represents the Vanni electoral district on the Illankai Thamil Arasu Kadchi (ITAK) is on record as having said that the two MPs were abducted and killed by TELO (Tamil Eelam Liberation Organisation.) gunmen. The list posted by Parthasarathy included PLOTE leader Uma Maheswaran assassinated in Colombo in July 1989. The LTTE hadn’t been involved in that killing. Maheswaran is believed to have been killed by his onetime associates, perhaps over the abortive PLOTE raid on the Maldives in Nov 1988. India never bothered at least to acknowledge that the Maldives raid was carried out by men trained by India to destabilise Sri Lanka. There is no doubt that Maheswasran’s killers, too, were known to the Indian intelligence at that time.

Before rushing into conclusions regarding Hamas and LTTE, perhaps a proper examination of the circumstances they emerged is necessary. The two situations-fourth phase of the Eelam conflict and the latest Hamas strike on Israel and the devastating counter attack cannot be compared under any circumstances. Efforts to compare the two issues is more like comparing apples and oranges, though mutually Tamils and Sinhalese have so many commonalities having intermingled throughout history like the Arabs and Jews.

It is no doubt Jews are a people that suffered persecution throughout known history under Assyrians, Babylonians to Romans and so forth. Such persecution includes expulsion of Jews from England in 1290 and from Spain 1492. So what Hitler and the Germans did was to take the historic process to another extreme.

Yet to blame the Palestinians and treat them like animals and to simply butcher them for the latest uprising by Hamas for all the humiliations and suffering they have been going through non-stop since Naqba in1948, from the time of the creation of Israel is to allow the creators of the problem, including the UK, USA and United Nations to wash all their sins on the true other victims of this conflict, the Palestinians.

It would be pertinent to mention that Israel in spite of having one of the world’s best fighting armed forces with 100 percent backing from the West cannot totally eradicate Hamas the way Sri Lanka dealt with the LTTE.

The circumstances under which the LTTE launched a large-scale offensive in Aug 2006 and its objectives had been very much different from that of Hamas. The LTTE really believed that it could have defeated the Sri Lankan military in the north by cutting off the sea supply route from Trincomalee to Kankesanthurai and simultaneously overrunning the Kilali-Muhamalai-Nagarkovil forward defence line (FDL). The total collapse of the FDL could have allowed the LTTE to eradicate isolated fighting formations trapped north of the FDL. But, in the case of the Gaza war, the Hamas strike was meant to provoke Israel to unleash a massive unbridled counter attack that caused maximum losses on the civilians. As Hamas expected the Israeli counter attack has triggered massive protests in the West against their leaders. They have been accused of encouraging violence against Palestine. Saudi Arabia, Jordan and other US allies are under heavy pressure from Muslims and other horrified communities’ world over to take a stand against the US.

A Western lifeline for LTTE

UK Premier Rishi Sunak pledged unequivocal support for Israel before flying to the Jewish State where he reiterated British commitment. Sunak followed US President Joe Biden, the first foreign leader to visit Tel Aviv amidst indiscriminate attacks on Gaza. At the time this comment was written on Oct 22, the international media reported the possibility of French President Emmanuel Macron also undertaking a visit to Tel Aviv. Canada, too, declared support for Israel. Their declaration of support for Israel didn’t surprise anyone.

Against the backdrop of various interested parties comparing the Vanni situation and the developing regional crisis with devastating global implications, it would be pertinent to examine the Western response to the eelam war.

Western powers intervened on behalf of the LTTE facing annihilation in the hands of the Sri Lankan military. By late Feb 2009, the LTTE had taken such a beating on the Vanni front, its command and control structures were in tatters. Responding to LTTE’s pleas for help backed by demonstrations organised by Tamil Diaspora in Europe and Canada, the then British and French Foreign Ministers, David Miliband and Bernard Kouchner arrived in Colombo in late April 2009. They demanded an immediate halt to offensive action. They wanted to visit Prabhakaran. The combined British – French move backed by the US was meant to save Prabhakaran. Later a diplomatic cable originating from the US mission in London disclosed Miliband’s intervention was due to domestic political compulsions. Interested parties also speculated about a US role in a possible bid to evacuate Prabhakaran but Sri Lanka insisted that the offensive could be brought to an end only if Prabhakaran surrendered.

In May-June 1987 when the SLA engaged in ‘Operation Liberation’ and advanced on Prabhakaran’s Vadamaratchchi base, India intervened. Having forced JRJ to call off the first Brigade-level offensive, Indian Mi-17s landed in Jaffna on July 24 to evacuate Prabhakaran, his wife and the two children along with several other LTTE cadres. This happened five days before the signing of the Indo-Lanka accord in Colombo that paved the way for the deployment of the Indian Army (July 1987-March 1990).

Had India allowed Sri Lanka to finish off the LTTE, it could have avoided a disastrous war here. Thousands of lives could have been saved if India didn’t play politics with the Sri Lanka issue. New Delhi paid a very heavy price and over a year after its pull out the LTTE assassinated wartime Indian Premier Rajiv Gandhi during a general election campaign in May 1991.

Let us get back to the Western effort to rescue Prabhakaran, the way India did in July 1987. The Western objective was the same though the tactics and circumstances were different. The UK and France with the blessings of the UN and the US tried to save Prabhakaran in late April 2009 to fight another day.

India-Israel relations

Although Indian Premier Narendra Modi won’t fly to Tel Aviv to reiterate their support for Israel, New Delhi would be extremely cautious in addressing the issue. India cannot jeopardise her growing relationship with Israel, a key weapons and technology supplier over the years though in the 80s New Delhi strongly opposed Israeli presence in Sri Lanka. The Jewish state is one of the few countries which backed Sri Lanka throughout the war against separatist Tamil terrorism. A range of Israeli arms, ammunition and equipment made Sri Lanka’s triumph over terrorism possible.

Since India joined the US-led club, New Delhi has received a massive boost to her overall military capacity thanks to Israel and New Delhi would do nothing to upset her relationship with the Jewish State whose continuing support is of critical importance, especially against the backdrop of Russia-Ukraine conflict. The acquisition of Pegasus spyware has overnight changed India’s capabilities. That is the undeniable truth. India being one of the four members of ‘Quad’ that included US, Australia and Japan, is now in a strategic relationship with Israel. Massive Israeli weapons sales have boosted the Indian military facing China and Pakistan.

In India, thousands of people demonstrated in many cities in support of Palestine experiencing an escalation of violence perpetrated by Israel. In Mumbai, Kerala and Lahore, demonstrators expressed their solidarity with the Palestinian people and called for an end to the Israeli occupation and blockade of Gaza.

But, on the other hand, Hamas, in spite of overall Israeli prowess and strategic assets available, appeared to have achieved 100 percent surprise as Israel did nothing until large scale infiltration at an unprecedented level took place right under their nose. The Hamas action appeared to have united the people world over against the US-led grouping and taken the heat off Russia engaged in a difficult war in Ukraine.

A considered move

Perhaps one of the most significant decisions taken by Sri Lanka as the LTTE deteriorated on the Vanni east front was to invite India to deploy a fully-fledged medical team close to a point where the wounded were brought in by sea. Sri Lanka made the request several weeks after the military brought Kilinochchi under its control. It would be pertinent to mention that Kilinochchi functioned as their main administrative centre after the military regained Jaffna in late 1995. The loss of Kilinochchi in the first week of January 2009 quite clearly stunned the LTTE, Tamil Diaspora as well as those foreign powers confident of the group’s battlefield prowess. The government moved quickly to bring in an Indian medical team amidst accusations that the war wounded were being deprived of treatment. The team consisted of 62 personnel. India set up a medical facility at Pulmoddai, north of Trincomalee.

Sri Lanka went out of its way to treat those who had been evacuated from Puthumathalan to Pulmoddai. The writer had been one of the few journalists taken to the Puthumathalan seas by the Navy to witness the evacuation of the wounded by the ICRC and then transferred in a ship to Pulmoddai. This was in late April 2009. Subsequent to the visit to the Puthumathalan seas and Navy deployment at Chalai, the writer had an opportunity to meet the Indian medical team at Pulmoddai.

After the war, the Indian High Commission declared that their Pulmoddai facility treated over 3,000 war wounded and soon after the war ended the medical mission moved to Zone 1 of Menik Farm displaced persons camp. India pulled out its team from Menik Farm at the end of August, 2009 after having treated over 25,000 displaced persons. Sri Lanka opened a sea route between Puthumathalan and Pulmoddai in early 2009, soon after the closure of the overland route to and from the LTTE held area. The move underscored the government’s determination to assist the civilian population.

Unfortunately, Sri Lanka never made a real effort to set the record straight. Successive governments conveniently failed to place all available information before the international community. Any other country engaged in such a huge military operation would have second thoughts in giving foreigners direct access to the war wounded. But, Sri Lanka did.

Sri Lanka’s continued failure to mount a strong defence at the Geneva based Human Rights Council is a mystery. The Yahapalana government betrayed the war winning military by co-sponsoring an accountability resolution against the country. That was on Oct 01, 2015.

Until the very end, Sri Lanka allowed the World Food Programme (WFP) under the protection of the ICRC to move essential supplies to those living in the rapidly shrinking Vanni territory under the LTTE’s control. Once the overland route had to be closed, essential items and medicine were despatched in ships to Puthumathalan. The world shouldn’t forget that selected members of the Colombo-based diplomatic community were given real time drone footage of the Army breaking through the LTTE positions to facilitate a massive rescue operation. Have you ever heard of an Army accused of perpetrating genocide breaking enemy line for those trapped within to escape and take refuge within the territory under its control?

Israel fought the first Gaza war (Dec 27 2008-18 January 2009) against Hamas in the wake of heavy rocket attacks on its territory. It was the first large-scale invasion of Palestinian territory after Hamas took over Gaza from Fatah in 2007. The Israelis called the offensive ‘Cast Lead.’ Regardless of losses suffered, Hamas retained its command and control structure and was back in action soon. The possibility of Israel achieving victory over Hamas appeared remote and unrealistic. However, the Sri Lanka military during Dec 2008-January 2009 delivered a knockout blow to the LTTE. By the end of January 2009, the LTTE’s command and control structures were gone. A massive naval cordon involving a range of vessels, spearheaded by Fast Attack Craft (FACs) blocked sea escape route while Air Force was on high alert to intervene in case an attempt was made to evacuate Velupillai Prabhakaran, his family and top commanders from the battlefield. In a bid to reduce reaction time, the Air Force shifted a pair of jets from Katunayake air base to China Bay. The rest is history.

Although Israel claimed victory in the first Gaza war, Hamas was soon back in action. According to international media reports, Hamas fired over 200 rockets and dozens of mortar rounds at Israel during the second week of Nov 2012. Tel Aviv was hit for the first time since 1991 Gulf war when Iraqi Scud missiles landed therein. Israel launched ‘Operation Pillar of Defence’ to neutralize the threat but never extended the operation to a ground incursion.

In July 2014, Israel carried out ‘Operation Protective Edge’ which included a minor ground incursion –just a few kms into Gaza. This particular operation was conducted in the wake of breaking up of Hamas association with Egypt over the former’s alliance with the Muslim Brotherhood which the then Egyptian President Abdel Fattah el-Sisi considered a threat to him. The issue prompted Egypt to close down smuggling tunnels from Egypt to Gaza, one of the major revenue sources for Hamas. The two-week long operation obviously didn’t cause serious damage to Hamas. Over the past several years, Hamas clearly succeeded in building up a massive arsenal that overwhelmed the much touted Iron Dome-a highly mobile air defence system jointly developed by the US and Israel. The latest Hamas attack proved that terrorism cannot be defeated by air and naval bombardments and availability of high tech arms, ammunition and equipment. Ground forces had to go the whole hog whatever the consequences.

The Sri Lanka military achieved irrevocable victory in a sustained campaign in the East (Aug 2006-June 2007) and North/Vanni (March 2007-May 2009) but our corrupt and utterly useless political party system never built on the military’s success. Today war winning Sri Lanka is a bankrupt country dependent on Western tool IMF and tied to the Washington headquartered lending body having obtained a USD 2.9 bn bailout package. The IMF suspended the programme recently to pressure the government to end its corrupt ways and means and to take tangible measures to meet projected revenue targets.



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Midweek Review

Govt. failure to fill top two courts’ vacancies leaves Judiciary in a conundrum

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Supreme Court of Sri Lanka

The ruling NPP is in a deepening dilemma over a hotly disputed move to extend the retirement age of superior courts judges. The party is also under heavy fire for delaying fresh appointments to the superior courts consisting of the Court of Appeal and Supreme Court. 

A section of the Opposition wants Speaker Dr. Jagath Wickremaratne to take up the inordinate delay in filling vacancies in the superior courts. The Bar Association of Sri Lanka, Colombo High Court lawyers, Lawyers Collective, as well as the Commonwealth Lawyers’ Union have criticised the government’s move.

By Shamindra Ferdinando

Sri Lanka Muslim Congress (SLMC) leader Rauff Hakeem, MP, recently expressed concern over the alleged way Balachandran Prabhakaran, 12-year-old son of LTTE leader Velupillai Prabhakaran was killed, in cold blood, on 19 May, 2009.

A section of the Tamil media highlighted Kandy District lawmaker Hakeem’s comments regarding the alleged way Balachandran, the youngest of the three children of Tiger Supremo, met his end. Prabhakaran himself was also killed on the same day.

What prompted MP Hakeem to raise a contentious but now largely forgotten issue! Both the Sinhala and English print and electronic media failed to report the SLMC leader’s comments. Some questioned the purpose in lawmaker Hakeem raising Balachandran’s death. Some even suggested a Tamil Diaspora hand in Hakeem’s unexpected interest in Balachandran’s death.

The Island obtained the video, released by the Parliament, of the SLMC leader’s 10-minute speech, delivered on 10 June. Reference to Balachandran’s killing had been made towards the tail end of his fiery speech that primarily dealt with President Anura Kumara Dissanayake’s continuing failure to fill existing vacancies in the Court of Appeal and the Supreme Court.

The deliberate and utterly contemptible holding up of judicial promotions, for whatever reasons, cannot be discussed without examining a disputed bid to introduce an amendment to the Constitution to increase the retirement age of the Judges of the Court of Appeal and the Supreme Court.

President Anura Kumara Dissanayake, the leader of two registered political parties, namely the Janatha Vimukthi Peramuna (JVP) and the National People’s Power (NPP), seems to be on a collision course with the Opposition. With a commanding 159 MPs in Parliament, meaning a 2/3 majority, Dissanayake can easily introduce the required amendment, regardless of protests. But, the electorate won’t like that dictatorial attitude. Those who exercised their franchise for Dissanayake and the NPP at the September 2024 and November 2024 national polls, respectively, wouldn’t expect them to adopt, what can be safely described as, a dogmatic approach.

Attorney-at-law and one-time Justice Minister Rauff Hakeem castigated the President and the ruling party, ahead of the joint Opposition action, to pressure the President to fill the vacancies. Their appeal to Speaker Dr. Jagath Wickremaratne in this regard can be also interpreted as a collective opposition to the proposed amendment to increase the retirement age of judges.

The SLMC group in Parliament consists of five MPs. Of them, three had been elected under the SLMC symbol (two elected and one on the National List) and two through the Samagi Jana Balawegaya (SJB), one of them on the latter’s National List.

Lawmaker Hakeem, who had served the Parliament for over 30 years, at the onset of his speech, questioned the sudden decision to bring in regulation to compel exporters to convert their export proceeds into USD. The SLMCer declared that such panic action was taken by the government in view of the rapid deterioration of the Rupee against the USD.

Commenting on the extension of the Emergency continuously, MP Hakeem alleged that it was done for the NPP’s own parochial purposes and the Opposition expected the government to discontinue the practice.

Then he dealt with the alleged move to extend the retirement age of top judges. Referring to Chief Government Whip Dr. Nalinda Jayatissa’s shameless declaration that the issue hadn’t been even discussed among the government. The ex-justice Minister, however, disputed Jayatissa’s claim made at the post-Cabinet media briefing, while highlighting the statements issued by the Bar Association, Colombo High Court Lawyers’ Association. In addition, the Lawyers’ Collective and the Commonwealth Lawyers’ Association strongly opposed the alleged move. In spite of the Cabinet spokesman’s denial, Justice Minister and Attorney-at-Law Harshana Nanayakkara, in his comments on the issue, indicated that the matter was under discussion. In fact, Nanayakkara mentioned a comparatively higher retirement age of top judges in other countries to support the NPP’s controversial and unnecessary move.

Obviously, the NPP is not talking in one voice.

Rauff takes a strong stand

Emphasising that he addressed the issue at hand as a member of the BASL, Hakeem pointed out that there were four vacancies, each in the Court of Appeal and the Supreme Court, for the past six months. The SLMC leader said: “The President has failed in his constitutional duty to nominate judges for promotion. From the High Court to the Court of Appeal and from the Court of Appeal to the Supreme Court. By denying the rights of the judges, undue pressure is being brought on them. What will happen? This very President, when he was in the Opposition, when the previous Presidents failed to gazette the names decided on by the Constitutional Council, he made a big protest. Several times he spoke about this very vociferously in the House. But, since becoming the President, he has not nominated any names. Very clearly, the 21 Amendment provision was made to prevent Presidents from delaying the decisions taken by the Constitutional Council. He is doing the reverse by not nominating anyone to the top two courts. This is much worse. As a consequence, even our fundamental rights are impacted. Because we as litigants or lawyers or public, our right for the expeditious disposal of cases is being impacted by the delay in appointing judges to the Superior Courts.

Moreover, you are frustrating the judges who served years in the judiciary. What happens to the minor judiciary and others? There are heavy concerns among the judiciary about extending the retirement age. That’ll block their path. That’ll deprive many suitably qualified individuals the right to get onto the bench or the superior bench. High court judges will now await their chances of being promoted. Undue pressure will be brought upon them.”

Hakeem alleged that the Constitution was being deliberately violated by the President. Having directed serious allegations at the President, Hakeem emphasised the responsibility on the part of the Speaker to take up this matter with the President on their behalf. Hakeem questioned as to why the President unduly delayed the promotions. The President’s deliberate failure has caused unnecessary frustration among the judicial ranks in the country and deprived those who served the judiciary of their due rights.”

Hakeem explained how even senior officers of the Attorney General’s Department had been affected by the President’s inaction. Those officials have been deprived of the opportunity to move onto one of the superior courts, Hakeem alleged, accusing the President of, what he called, deliberate inaction and a constitutional violation.

Then Hakeem made a very serious allegation. The ex-Justice Minister alleged that the NPP was delaying the process until a favoured person is eligible to get onto the bench, “You are picking and choosing people by that thereby undermining the judiciary.”

MP Hakeem also dealt with the vexed issue of the Prevention of Terrorism Act (PTA) that had been opposed by many political parties, civil society as well as organisations such as Amnesty International. The Sttorney-at-Law took up the issue in the wake of the controversial arrest of Maj. Gen. (retd.) Suresh Sallay, Director of the Directorate of Military Intelligence (DMI/2012-2016) and Director, State Intelligence Service/2019-2024) in terms of the PTA.

MP Hakeem chided the NPP for proposing to bring in a new anti-terrorism law, under a different title, to replace the existing PTA. Declaring that the new Act would be definitely far worse than the current law, the lawyer faulted the police and the Attorney General’s Department for abusing the PTA. The former Minister said so while alleging the continuous deterioration of the standards of the police and the Attorney General’s department, due to their dependence on the draconian PTA.

Killing of Balachandran

Referring to Tamil media reports regarding the new UK Channel 4 video that dealt with the killing of Prabhakaran’s 12-year-old son, lawmaker Hakeem discussed how the military dealt with the families of the LTTE leader and that of the JVP leader Rohana Wijeweera, killed on the night of 13 November, 1989.

Pointing out that Wijeweera who had been apprehended, along with his family, by the military, was killed, Hakeem stressed that the family members weren’t harmed. They lived under the protection of successive governments but in Prabhakaran’s case the situation was entirely differently.

Hakeem scorned the JVP/NPP government for conveniently forgetting its leaders, though an annual ceremony was held in Colombo in memory of those who perished during the insurgency. Hakeem said that even the daughter of Zahran Hashim, who led the 2019 Easter Sunday attacks, was spared. But, if Prabharatan’s daughter, Duwaraka, had been killed, as alleged, that should be investigated, Hakeem said. Hakeem ended his speech addressing the Parliament in Tamil.

Prabhakaran’s wife Mathivathani, too, had been killed during the final phase of the ground offensive. Prabhakaran’s eldest son, Charles Anthony, was killed in the Karayamullavaikkal area of the Mullaitivu district, the day before Prabhakaran, wife Mathivathani, daughter Duwaraka and younger son Balachandran were killed.

Acknowledging the SLMC leader’s right to rake up the controversy over the alleged manner the deaths of the LTTE leader and his family, while in government custody, took place. It would be pertinent to mention that Hakeem, in his capacity as the Justice Minister, from November, 2010, to December, 2014, could have pushed the Mahinda Rajapaksa government to inquire into the incident.

In fact, the writer once sought a meeting with the then Minister Hakeem to discuss accountability issues and the failure on the part of the government to address them. Although the Minister gave a patience hearing and acknowledged the urgent need to take remedial measures, the war-winning Rajapaksa government, instead of taking tangible measures, played politics. By late 2014, the SLMC switched its allegiance to the UNP-led coalition, formed with the US blessings to back the candidature of another political turncoat, Maithripala Sirisena, at the 2015 presidential election.

Hakeem received the Urban Development, Water Supply and Drainage portfolio in the succeeding Yahapalana government. The Tamil National Alliance (TNA), that had been an integral part of that alliance, served the Yahapalana interests well, though it refrained from accepting any Cabinet portfolio. The JVP, too, refrained from joining the Cabinet but their role in the Yahapalana operation is in the public domain.

The Yahapalana government betrayed the armed forces at the Geneva-based United Nations Human Rights Council (UNHRC), in October, 2015, but the extent of their treachery was highlighted two years later when that administration unceremoniously dismissed Lord Naseby’s revelations pertaining to the final phase of the war.

What made the SLMC leader Hakeem to compare three incidents – the killing of Wijeweera, and government protection for his family, in November, 1989; killing of Prabhakaran and his family on the banks of the Nanthikadal lagoon, in May, 2009; and the rescue of Zahran Hashim’s daughter, following the Sainthamaruthu blasts in April, 2019. Whatever the SLMC leader’s motive in highlighting the LTTE’s case now, the need for collective response on the part of the Parliament to address the concerns of the loved ones of those who engaged in terrorism cannot be overemphasised.

The circumstances of Prabhakaran, his wife and their daughter and youngest son remained mired in controversy. Like over 11,000 LTTE cadres, both men and women, including suicide cadres who surrendered to the advancing troops on multiple fronts, Prabhakaran and his family could have given themselves up to the Army on the Vanni front. They ignored that opportunity believing in a US operation to evacuate them.

Critically important combined stand

As mentioned by the SLMC leader during his 10 June speech in Parliament, a group of Opposition MPs handed over a letter expressing their concerns over the inordinate delay in filling the vacancies in the superior courts. Pointing out that the President, in his capacity as the Chairman of the Constitutional Council, had failed to fill those vacancies, the Opposition MPs stressed the responsibility on the part of the President to act in accordance with the provisions of the Constitution. They also reminded the Speaker that it would be his responsibility to protect the independence of the judiciary, which is an important part of the sovereignty of the people.

Kandy District MP Anuradha Jayaratne, represented the new Democratic Front (NDF) in the SJB-led effort, while NDF MP Ravi Karunanayake, too, joined, though he is in logger heads with the UNP over taking the National List slot won by the NDF at the last parliamentary election. Former President and UNP leader Ranil Wickremesinghe threw his weight behind the NDF, at the November, 2024, General Electio, but could not achieve the anticipated results. The NDF managed to secure just five seats, two of them National List slots.

All Ceylon Tamil Congress leader Gajendrakumar Ponnambalam, representing the Jaffna electoral district, signed the petition, along with the Sarvajana Balaya leader Dilith Jayaweera. Unfortunately, the SLPP hadn’t been part of that grouping. Responding to The Island queries, SLPP sources assured that though they didn’t sign the petition handed over to Speaker Wickremaratne, they wholeheartedly supported the initiative.

Whatever efforts by political parties/governments in power to interfere with the judiciary should be opposed at every level. The Rajapaksas went to the extent of impeaching Chief Justice Dr. Shirani Bandaranayake and removing her under the most despicable circumstances. Belligerent Rajapaksas reacted, as expected, following the Supreme Court rulings, including one against the then SLFP/UPFA strongman Basil Rajapaksa.

The ruling UPFA directed a series of unsubstantiated allegations against her, including financial impropriety and interfering in legal cases. SJB MP Dayasiri Jayasekera recently made reference to the impeachment of Dr. Bandaranayake when he censured the NPP move to extend the retirement age of judges of the superior courts. MP Jayasekera questioned whether the NPP wanted to retain Chief Justice Preethi Padman Surasena beyond the stipulated retirement age.

Although there had been a spate of interventions, the 2013 impeachment of CJ 43 was undoubtedly the worst case ever and the appointment of former Attorney General Mohan Peiris as her successor made matters worse.

The UPFA hit back hard at Dr. Bandaranayake following unprecedented controversy over The Town and Country Planning (Amendment) Bill and Divi Neguma, gazetted in 2011 and 2012, respectively. The UPFA abandoned the first Bill and then amended the second to avoid a referendum and the required 2/3 approval. By then, the cocky UPFA had decided to impeach Dr. Bandaranayake who stood up to outright political intimidation.

Ranil Wickremesinghe, during his tenure as the President (July, 2022, to September, 2024) reacted angrily to the Supreme Court ruling that he, in his capacity as the Finance Minister and the Election Commission, violated voters’ rights by arbitrarily delaying the Local Government polls in 2023. Wickremesinghe had been also angered by his failure to secure Supreme Court endorsement for his bid to appoint Dehabandu Tennakoon as the IGP in the run-up to the 2024 Presidential Election.

There had been so many other instances when the political party/coalition, in power, felt that the judiciary undermined its agenda. There cannot be better examples of the daunting challenge faced by the UPFA due to the Supreme Court stand during Dr. Bandaranayake’s tenure as the Chief Justice.

But post-Aragalaya period, no one expected President Dissanayake to pursue an agenda that compelled the BASL to issue hard hitting statements. Since May Day 2026, there had been two such statements from the BASL that should have triggered alarm bells. The NPP is obviously on the wrong path, believing that it can proceed with a 2/3 super majority unhindered in Parliament.

The first BASL statement dealt with President Dissanayake’s controversial May Day prediction of a court ruling in a high profile case. The second one responded to a move to extend superior court judges’ retirement age.

The government should rethink its strategy. With the national economy experiencing severe difficulties and the government under pressure to abolish fuel and electricity subsidies at the behest of the IMF, the NPP should concentrate on saving the economy instead of creating fresh issues that it cannot just brush aside just because of its steamroller majority in Parliament.

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Midweek Review

The Legacy Lost

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Gladdening was the sight at morn,

For the folk of the invisible village,

Of mirthful children trekking to school,

And refuge did they take in the thought,

That at least their young would be spared,

The crushing ordeals of tenant farming,

Since they would come by some erudition,

But our elders are now up against the truth,

That all is not well at the humble school,

Since even the morsel of education,

Painstakingly dished out there,

Comes with scary price tags attached;

Making dropping out the best thing to do.

 

By Lynn Ockersz

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Midweek Review

July 09: An inexcusable overall security failure and exceptional contingency plan

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A massive throng of people inside the President's House after mobs forced Gotabaya Rajapaksa to flee on 09 July, 2022

Ulugetenne

The Sri Lanka Navy, on 04 June, commissioned SLNS Samudravijaya, formerly United States Coast Guard Cutter Decisive. It is the fourth mothballed US Coast Guard cutter transferred to the SLN through the US Excess Defence Articles Programme. President Anura Kumara Dissanayake attended the ceremony at the Colombo Port. The US Embassy in Colombo, in a statement issued on the same day, quoted Defence Attaché Lieutenant Colonel Matthew House as having said: “Few partners have demonstrated the commitment to maintaining and operating these vessels as successfully as the Sri Lanka Navy. The outstanding condition and operational performance of SLNS Samudura, SLNS Gajabahu, and SLNS Vijayabahu are a testament to the professionalism and technical expertise of Sri Lankan sailors. Their stewardship of these vessels helped build the confidence that made this fourth transfer possible.” The first of the four vessels SLNS Samudura was commissioned on 19 February, 2005, during Chandrika Bandaranaike Kumaratunga’s tenure as the President. Milinda Moragoda, Economic Reforms and Science and Technology Minister of the previous UNP-led UNF government, played a significant role in acquiring that vessel. SLNS Samudura boosted SLN and participated in numerous operations, including the high profile hunt for LTTE floating warehouses, during the Eelam War IV. But, the US refrained from transferring any more big ships during the war though on the then Navy Commander Vice Admiral Wsantha Karannagoda’s request to provide intelligence and Washington obliging, made the successful hunt for LTTE floating arsenals in the last stages of the war possible. The transfer of the second vessel took place 19 years after the end of the war. Ex USCG Sherman was commissioned 06 June, 2019, as SLNS Gajabahu (P626). The third vessel was transferred to the Sri Lanka Navy on October 26, 2021, as the country was heading towards an unprecedented economic crisis. That vessel was commissioned as SLNS Vijayabahu at the Colombo Port with the participation of President Ranil Wickramasinghe and US Ambassador to Sri Lanka Julie Chung on November 20, 2022. Ironically SLNS Gajabahu, one of the ex-US vessels prominently figured in the contingency plan to save President Gotabaya Rajapaksa, but whose downfall was engineered by the US.

By Shamindra Ferdinando

The moment President Gotabaya Rajapaksa decided to take up residence at the President’s House (Janadhipathi Mandiraya), Fort, in the first week of April, 2022, the Navy had no option but to prepare a thorough contingency plan, in case the regime change project posed a realistic threat to the life of the President.

The President, in consultation with senior military officers, made his move within 48 hours after violence erupted outside his private residence at Pangiriwatte, Mirihana, on the night of 31 March, 2022. That decision seemed realistic and sensible at that time.

But, in the wake of the disastrous overall armed forces response to the coordinated violence unleashed by the regime change project on 09 May, 2022, in the aftermath of the Temple Trees ordered attack on Galle Face protesters, the top brass must have recognised the urgent need for total overhauling of security strategy. But, unfortunately, that hadn’t been the case. With violent crowds overwhelming the armed forces, deployed to block them, rapidly approaching the President’s House, those who had been at the makeshift Operations Room there were stunned.

In hindsight, the President’s decision to remain at the President’s House, regardless of the near failure on the part of the armed forces to repulse the raid on Temple Trees, on 09 May, seemed unwise. The rescue operation could have gone wrong and the war-winning President Mahinda Rajapaksa could have ended up in the hands of an angry mob.

Perhaps, the conspirators envisaged the President’s move, from Pangiriwatte to the President’s House, situated walking distance away from the Galle Face protest site, where they could draw additional strength.

The failure on the part of the government to take tangible measures, in the wake of the President’s House becoming the sole target on that fateful day, is a contentious issue that needs to be properly investigated. Don’t forget that the court case filed over the 09 May attacks on the residences and properties belonging to SLPP politicians, and some supporters ,was later withdrawn. The Wickremesinghe-Rajapaksa government never investigated the 09 May incidents.

Exactly two months after the mobs almost succeeded in breaking through defences at Temple Trees, on the night of 09 May/10, where Prime Minister Mahinda Rajapaksa was residing, they mounted the assault on the President’s House.

In the wake of the 09 May mayhem, President Gotabaya Rajapaksa named Lt. Gen. Vikum Liyanage as the Commander of the Army. He succeeded General Shavendra Silva who served as the CDS but was out of the country when all-out mayhem was unleashed by the Aragalaya mobs on 09 July, 2022, to oust the sitting government.

In spite of a direct and growing threat to the President’s House, on 09 July, 2022, the President felt confident in meeting the challenge. The President issued a directive to the Secretary, Ministry of Defence, General (retd.) Kamal Gunaratne, to shift the Operations Room from the Defence Force Headquarters, at Akuregoda, to the President’s House. Having shifted the Operations Room on 08 July, 2022, to the President’s House, as directed by the President, the top brass prepared to face the challenge.

Maj. General K.B. Egodawela, who served as an Additional Secretary (Administration) to the President, from the day the President moved to the President’s House, till he vacated on 09 July, 2022, in his memoirs ‘Aragalaya: Adarayen Prachandathwayata’ (From Love to Violence) revealed that though the top brass opposed the shifting of the Operations Room they carried out the directive. While the President felt that the top brass could collectively work at the President’s House to bring the situation under control, Gen Gunaratne proposed that the President should move to Akuregoda Defence Forces Headquarters, according to Egodawela. In fact, Gunaratne, who had been with Gotabaya Rajapaksa from the very beginning of the sinister campaign, strongly opposed the President’s decision to remain there.

Obviously, the President’s House pathetically failed to ascertain the scale of the protest and the rapidity with which protesters overwhelmed troops deployed outside the President’s House stunned the top brass. Had they swiftly reached consensus on Gen. Gunaratne’s suggestion, perhaps the 09 July regime change operation could have been thwarted. The armed forces could have resorted to tougher measures to prevent a march on Akuregoda Defence Forces Headquarters had the President agreed to move there.

Within two hours after the protest, targeting the President’s House began, video footage provided by drones indicated that troops couldn’t hold the rampaging mobs any longer. According to Egodawela, the top brass had been prepared to remove the President, even without his consent, by landing a helicopter in the Colombo harbor or by ship. Finally, they resorted to the second option. As the President and First Lady Ayoma got into a vehicle and took the rear exit into the adjoining former Navy Headquarters, mobs entered the President’s House. Another vehicle carrying several other persons followed.

The then Navy Commander Vice Admiral Nishantha Ulugetenne who had been with the President at the President’s House got into the vehicle carrying the President. Had they stayed at the President’s House for 10 more minutes, the consequences could have been devastating. https://island.lk/gotabayas-escape-from-aragalaya-mob-in-rti-spotlight/

Egodawela, who had been with the President from the very beginning of the presidential term, alleged that the raiders planned to kill the President and several others and display their bodies. The author quoted an unidentified intelligence officer as having told him that the raiders wanted to display the bodies the way LTTE leader Velupillai Prabhakaran’s body was shown.

Perhaps shifting the Operations Room from Akuregoda Defence Force Headquarters to the President’s House had been a risky move that, in a way, facilitated the regime change operation. The rationale in bringing those who had been tasked with countering the impending threat to one place (President’s House) to be with the target (Gotabaya Rajapaksa) seems unbelievably a dicey move. The President had been influenced by what he described as inordinate and unforgivable delay on the part of the Akuregoda Operations Room to carry out timely evacuation of Prime Minister Mahinda Rajapaksa on the night of 09 May from Temple Trees. Most probably, the President wanted to oversee the 09 July counter operation personally. But, in hindsight, the decision to shift the Operations Room from Akuregoda to the President’s House obviously hadn’t been a clever move.

SLN preparations

When mobs threatened to overwhelm the President’s security at Pangiriwattta, on 31 March, additional police and STF contingents were brought in. They were followed by the Navy and Air Force. The Army arrived at the scene, subsequently.

As pointed out by the President himself, the situation at Temple Trees, on 09 May, had been far worse and the combined police and armed forces response revealed that they hadn’t taken precautionary/counter measures, even after the Pangiriwatta fiasco.

At the time of the incidents, the overall Temple Trees security deployment included about 60 elite Special Boat Squadron (SBS) personnel deployed within the premises and were supplemented by seven SLN platoons. The Army also moved in to strengthen Temple Trees defences but the mobs pressed on till troops fired blank ammunition.

The top brass, directing counter measures from Akuregoda Defence Force Headquarters, had to act swiftly and decisively to evacuate those at the Temple Trees or face the consequences. As there hadn’t been any other alternative place of living proposed, Prime Minister Mahinda Rajapaksa, wife Shiranthi and their eldest son Namal were escorted to nearby former Air Force Headquarters and from there flown to the Trincomalee Navy base. VA Ulugetenne, over the phone, issued instructions to the relevant officer in Trincomalee to make arrangements as two helicopters carrying the group took off from the helipad on the top of the former Air Force Headquarters. The helicopters departed around 04 in the morning.

They had stayed at Trincomalee Navy House for about a week and, as requested by the Navy, paid for their stay because by then Mahinda Rajapaksa had resigned. Perhaps, they could have taken refuge at the Panagoda Army cantonment or at Saliyapura, home to the Gajaba Regiment, but, at the end, sought the protection at the Trincomalee Navy base.

Ironically, President Gotabaya Rajapaksa, too, had to take refuge at the Trincomalee Navy base, exactly two months later. Ever since the President moved into the President’s House, Fort, the Navy had been on their toes to meet any eventuality. The daunting task of arranging evacuation by sea fell on the shoulders of VA Ulugetenne, who, meticulously, planned the operation with his staff.

Having informed the President of the contingency plans, VA Ulugetenne stationed two Advanced Offshore Patrol Vessels (AOPVs), namely SLNS Sindurala and SLNS Gajabahu and four Fast Attack Craft (FACs), at the Colombo Port. It would be pertinent to mention that SLNS Sindurala, built at the Goa shipyard, in terms of an agreement signed at the tail end of the Mahinda Rajapaksa government, was adjudged the best vessel in the SLN fleet in 2022.

Additional SBS personnel and snipers, too, had been brought in to Colombo though none of them knew exactly what their task would be. The OPV and FAC crews most probably felt that they were awaiting orders for a major anti-drug operation in the high seas.

As the decision was made to evacuate the President and the First Lady, the Chief alerted the vessels and quickly deployed tugboats to pull SLNS Sindurala and, shortly thereafter, SLNS Gajabahu, formerly of the US Coast Guard, carrying the President and the First Lady. By the time the two AOPVs moved in different directions, on the instructions of VA Ulugetenne, the hand phones of SLNS Gajabahu crew were collected to prevent them from revealing what was happening. Along with the AOPVs, two pairs of FACs had moved out to sea. (https://island.lk/ranil-reveals-bid-to-get-rid-of-him-while-gr-was-fleeing-to-trinco-on-board-slns-gajabahu/)

Nearly 12-hour journey to Trinco

The SLNS Gajabahu, formerly of the US Coast Guard, had a crew consisting of over 100 officers and men. Someone, most probably a port employee, posted a short clip of some unidentified persons taking large travelling bags into the ship but the President, First Lady and VA Ulugetenne going in were never captured on a camera.

As the vessel began its journey towards Trincomalee, it remained approximately 12 nautical miles from land and the President received many calls, some of which weren’t answered. VA Ulugetenne, too, received quite a number of calls. Those familiar with the developments at that time said that some felt that SLNS Gajabahu should move out of Sri Lankan waters. There had been suggestions that the destination should be the Maldives, India or Singapore. Regardless of such suggestions, SLNS Gajabahu proceeded towards Trincomalee where the Navy made necessary arrangements to host them.

Captain Marlon Perera, who still serves the Navy, had been the Commanding Officer of the vessel. Perera now holds the Commodore rank.

During the journey precautions were taken to ensure the safety and security of the President and the First Lady. Although the crew hadn’t been aware that they would be entrusted with such a sensitive task at a time the country was in crossroads against the backdrop of an economic collapse and sovereign default, there were fears of the crew being affected by propaganda in support of regime change operation.

The attempt made by sailor Wijemuni Vijitha Rohana de Silva to cause harm to Indian Prime Minister Rajiv Gandhi, way back in July, 1987, underscored the necessity to take precautions during the Colombo-Trincomalee journey as the possibility of anti-Gotabaya campaign having an impact on at least some members of the ship crew couldn’t be ruled out.

On July 30, 1987, during a guard of honor in Colombo, the 21-year-old naval rating struck Gandhi on the shoulder and back with the butt of his rifle. Gandhi narrowly avoided the full impact of the blow by evasive ducking.

On the invitation of VA Ulugetenne, Gotabaya Rajapaksa attended all the formalities in respect of a visit undertaken by the President to the Trincomalee Navy base. The President participated in those formalities knowing that he couldn’t attend the commissioning parade that was scheduled to be held on 15 July, 2022. The Navy was not in a position to put off the commissioning parade hence the decision to invite Defence Secretary Gunaratne as the Chief Guest.

Ulugetenne retired from active naval service on 18 December, 2022, following a distinguished career, spanning over 37 years. He received the appointment as the 24th Commander of the Navy in July, 2020, just a couple of months after Gotabaya Rajapaksa’s election as the President.

Wickremesinghe, in his capacity as Gotabaya Rajapaksa’s successor, appointed Ulugetenne as Sri Lanka’s Ambassador to Cuba. The appointment was made in late 2023 and the retired Navy Chief presented his credentials to Cuban President Miguel Díaz-Canel on 13 February, 2024 (https://island.lk/from-fonseka-convictions-to-arrest-of-ulugetenne/)

However, within weeks after the last presidential election held in late November, 2024, the NPP government recalled over a dozen top envoys appointed by the previous administration. Admiral Ulugetenne was among them. The government deprived a decorated officer, who had served the country for nearly four decades, from completing his term in Havana. Within months after his return, he became the target of a murder investigation.

Then out of the blue the retired Navy Chief became the focus of a murder investigation, that, too, post-war. The Criminal Investigation Department (CID) arrested him on 28 July, 2025, over the disappearance of a person reported in July, 2020.

Kurunegala High Court Judge Tikiri Jayatilleke, on 14 October, 2025, granted him bail. Jayatilleke declared that the CID acted in an illegal manner in respect of the former Navy Commander. His counsel Kalinga Indatissa, PC, alleged in court that his client had been apprehended only on the basis of an ex-LTTE cadre’s allegation in the absence of any evidence

The next hearing is scheduled for 08 July, 2026. Ulugetenne was held at the Kegalle Prison for four days and then transferred to the Dumbara (Pallekale) Prison. Altogether, he was in prison for 80 days, like a common criminal, despite him being a former Navy Commander with an unblemished career record.

Wartime Chief of Naval Intelligence, Rear Admiral (retd) Sarath Mohotti, who had been also arrested in connection with the same investigation, was also granted bail, a few weeks later.

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