Features
SC judgment on MR, GR, BR, PB and Cabraal
By C. A. Chandraprema
The judgement delivered by a divided five-member bench of the Supreme Court with regard to two fundamental rights cases numbered 195/2022 and 212/2022 filed by several individuals including Mahim Mendis, Chandra Jayaratne, Julian Bolling and the NGO Transparency International has stirred up a political storm. The majority judgment was delivered by Chief Justice Jayantha Jayasuriya, and Justices Buwaneka Aluwihare, Vijith Malalgoda, and Murdu Fernando while Justice Priyantha Jayawardene dissented.
Some of the headlines by which the local English language media carried on the judgement were as follows. I have left out the names of the media outlets concerned.
“Supreme Court finds Rajapaksa brothers guilty over economic crisis”
“Gotabaya Mahinda Basil & others responsible for economic crisis – SC rules”
“Econ. crisis perpetrators: SC majority finds Gota, MR, Basil et al. responsible”
“Supreme Court finds Rajapaksa brothers responsible for economic crisis”
Of all the English language news outlets that I checked, only Reuters got the nuances of the SC judgement right. The Reuters headline said “Sri Lanka’s top court says ex-president among those who contributed to economic crisis”. Even in the body of the Reuters news item on the judgement, they have been careful in reporting on what the petitioners claimed and what the Supreme Court said. However due to the manner in which the majority of the media outlets reported on the judgement, politically interested parties have gone overboard in paroxysms of hatred and triumph. In the aftemath of the SC judgement, there have been calls for the deprivation of civic rights of those named in the judgement, there have been calls to claim compensation from the Rajapaksa brothers and even calls for the dissolution of the Sri Lanka Podujana Peramuna (SLPP).
It is quite clear that those who have been making such calls have not read the 119-page-long majority judgement or the 127-page-long dissenting judgement pertaining to this case. The majority judgement never used the word ‘responsible’. What it stated was that certain named individuals namely, Mahinda Rajapaksa, Basil Rajapaksa, Nivard Cabraal, W. D. Lakshman, S. R. Attygalle, Samantha Kumarasinghe, Gotabaya Rajapaksa, P. B. Jayasundra and the Monetary Board collectively had by their “actions, omissions, decisions and conduct hereinbefore identified to have demonstrably contributed to the economic crisis …”
Scope of judgment
There is a significant difference between saying that someone is ‘responsible’ for a certain situation and saying that someone has ‘demonstrably contributed’ towards a situation. It is obviously this nuance that motivated the majority of the bench to state, “We are of the view that it would not be appropriate to order the respondents to pay compensation to the petitioners and as such we are not inclined to order compensation. We order however that each petitioner in both applications would be entitled to costs in sum of rupees 150,000.00 each.” The parameters within which the majority judgment had been given were stated as follows (quoted verbatim):
· “When we considered these two applications, the main focus was on the economic situation of the country between November 2019 and April 2022”.
· “Many of the respondents argued that the root causes for this debacle spread well beyond this time period and therefore no responsibility could be attributed to these respondents in the manner alleged by the petitioners. They claimed that heavy borrowings of previous Governments and the mismanagement of such funds had a direct impact on the debt sustainability of the country. While we take note of this argument, in considering the responsibility of the respondents, our attention was drawn to the issue as to whether the conduct of the respondents during the relevant period directly contributed to the economic crisis”.
· “In deciding this issue, we are of the view that the respondents ought to have known the factual situation that prevailed when they assumed public office and they should have fashioned their acts and efforts to ensure that the situation is not further aggravated but resolved”.
· “It is common ground that the country’s economy deteriorated not overnight but over a period of time under consideration in the matters before us”.
The above-mentioned passages tell us something that we should not miss. Firstly, the majority of the bench agrees that the economy deteriorated not overnight but over a period of time. Secondly, that the respondents ought to have known the factual situation that prevailed when they assumed public office. Thirdly, the majority of the bench took note of the argument that the ‘root causes for this debacle spread well beyond’ the time period considered in the judgement and that ‘heavy borrowings of previous governments and the mismanagement of such funds had a direct impact on the debt sustainability of the country’. Fourthly, that with regard to this case, ‘the main focus was on the economic situation of the country between November 2019 and April 2022’.
Furthermore, the body of the written judgement shows that in arriving at its conclusion, the SC has taken into account three key issues – the tax reductions in November 2019, the delay in allowing the Rupee to depreciate and the delay in seeking IMF assistance. In a nutshell, what the judgement said about each of these issues is as follows:
Tax reductions
“In November 2019, the new government of President Gotabaya Rajapaksa had reduced taxes. The Inland Revenue Department had estimated the potential loss from tax income resulting from the proposed tax for the year 2020 amounts to Rs. 493 billion. The loss of government revenue due to the measures referred to resulted in an unmanageable budget deficit …. Furthermore, a major adverse consequence that resulted directly from the tax revisions was lowering of the country’s credit rating by the international agencies ….The main impact of such downgrading was the loss of access to capital markets at reasonable costs which resulted in drying up foreign exchange inflows from such sources … the Gross Official Reserves which stood at USD 7,780.08 million as at 31st October 2019 had decreased to USD 5,555 million by November 2020. It had further depleted to USD 2,362 million in January 2022. It is apparent that the continued inaction to reintroduce and/or to raise taxes and regain the government revenue that was lost, brought about an adverse impact on the economy….”
Seeking assistance from IMF
“This was not a straightforward case of assessing the suitability of seeking IMF assistance under normal circumstances but the call to seek IMF assistance was critically relevant given the unique circumstances our economy was placed in. The depleted official reserves; the need to secure foreign exchange on an urgent basis; the reluctance of the other agencies to extend support without an IMF programme were critical factors in deciding whether seeking assistance was in the best interest of the country at the relevant time …. According to the material available a decision to seek assistance from the IMF was ultimately taken by the President on 16th March 2022.”
“Comments and the conduct of the officials of the Central Bank over this period clearly point to the direction that the need to seek assistance from IMF did exist over a period of time and any prudent person who did not act arbitrarily would have foreseen the serious repercussions in the failure to act swiftly to remedy the situation …. Deputy Governor K. M. M. Siriwardane in his comments says that “the little experience I had in working with macroeconomic policy making enabled me to foresee well in advance the economic crisis that the country is experiencing at present. This is the exact reason for me to recommend and emphasize to the MB to approach IMF… The pain to the economy and the people of Sri Lanka would have been less if this decision was taken at least one year ago ….” All factors referred to above clearly establishes that the relevant state organs/officials demonstrated reluctance to reach out to the IMF in the face of the critical situation the country’s economy was facing in spite of the fact there was no other viable alternative.”
Depreciating rupee
“The Monetary Board as well as the Minister had failed to take correct decisions at the relevant time to float the rupee and thereby caused a loss to the Government ….”
“… During the period 2019 and 2021 (especially after March 2020) Sri Lankan economy experienced a drop in foreign remittances by Sri Lankan workers abroad due to the COVID-19 pandemic. There was a significant drop in Foreign Direct Investment and the inflow of foreign earnings from export markets too. As revealed before us, it appears that although the need was to retain the meagre remittances received and create a conducive environment to enhance the inflow, the Finance Ministry and the Central Bank worked towards maintaining the exchange rate at around Rs. 200…”
“… the exchange rate is expected to be an automatic adjuster under the flexible exchange rate regime, but if the exchange rate is to be maintained at a stable rate, then a depletion of reserves would take place as foreign exchange will have to be pumped to the market to meet the demand.”
“… a significant increase in the use of informal methods in transferring money such as Hawala/ Undial by Sri Lankan workers abroad was observed mainly due to the high exchange rates offered in the “Gray market” compared to the exchange rate maintained by the Central Bank ….”
During this period (April 2021 to 7 March 2022) “the Central Bank had sold USD 1,773.8 million and purchased USD 746.2 million from the Domestic Exchange Market, making a net sale of USD 1,027.6 million. This outflow of USD had led to further depletion of the reserves”.
“… a series of discussions had been held with a view to permitting the exchange rate to be determined by market forces, supply and demand of USD, but we note with dismay that no positive steps were taken to implement a ‘moderate method’ to protect the reserves and stem the depletion when the need to do so was felt but waited till the 11th hour to take the decision to float the Sri Lanka Rupee …”
It is due to these three matters – the decision of the respondents to reduce the taxes, the delay in allowing the rupee to depreciate and the delay in seeking the assistance of the IMF that the majority of the bench held that the respondents had ‘demonstrably contributed’ to the economic crisis.
Tomorrow: The dissenting
judgment
Features
Fractious West facing a more solidified Eastern opposition
Going forward, it is hoped that a reported ceasefire agreement between the US and Iran would provide a basis for a degree of stability in the Middle East and pave the way for substantive peace talks between the powers concerned. The world is compelled to fall back on hope because there is never knowing when President Donald Trump would change his mind and plans on matters of the first importance. So erratic has he been.
Yet, confusion abounds on who has agreed to what. The US President is on record that a number of conditions put forward by him to Iran to deescalate tensions have been accepted by the latter, whereas Iran is yet to state unambiguously that this is so. For instance, the US side claims that Iran has come clear on the point that it would not work towards acquiring a nuclear weapons capability, but there is no official confirmation by Iran that this is so. The same goes for the rest of the conditions.
Accordingly, the peace process between the US and Iran, if such a thing solidly exists, could be said to be mired in uncertainty. Nevertheless, the wider publics of the world are bound to welcome the prospects of some sort of ceasing of hostilities because it would have the effect of improving their economic and material well being which is today under a cloud.
However, questions of the first magnitude would continue to bedevil international politics and provide the breeding ground for continued tensions between East and West. Iran-US hostilities helped highlight some of these divisive issues and a deescalation of these tensions would not inevitably translate into even a temporary resolution of these questions. The world community would have no choice but to take them up and work towards comprehending them better and managing them more effectively.
For example, there are thorny questions arising from the Treaty on the Non-Proliferation of Nuclear Weapons (NPT). Essentially, this treaty bans the processing and use of nuclear weapons by states but some of the foremost powers are not signatories to it.
Moreover, the NPT does not provide for the destroying of nuclear arsenals by those signatory states which are already in possession of these WMDs. Consequently, there would be a glaring power imbalance between the latter nuclear-armed states and others which possess only conventional weapons.
Such a situation has grave implications for Iran’s security, for instance. The latter could argue, in view of the NPT restrictions, that the US poses a security threat to it but that it is debarred by the Treaty from developing a nuclear arms capability of its own to enable it to match the nuclear capability of the US. Moreover, its regional rival Israel is believed to possess a nuclear weapons capability.
Accordingly, a case could be made that the NPT is inherently unfair. The US would need to help resolve this vexatious matter going forward. But if it remains, US-Iran tensions would not prove easy to resolve. The same goes for Iran-Israeli tensions. Consequently, the Middle East would remain the proverbial ‘powder keg’.
Besides the above issues, the world has ample evidence that it could no longer speak in terms of a united NATO or West. Apparently, there could be no guarantee that US-NATO relations would remain untroubled in future, even if the current Iran-US standoff is peacefully resolved. US-NATO ties almost reached breaking point in the current crisis when the US President called on its NATO partners, particularly Britain, to help keep open the Hormuz Straits for easy navigation by commercial vessels, militarily, on seeing that such help was not forthcoming. Such questions are bound to remain sore points in intra-Western ties.
In other words, it would be imperative for the US’ NATO partners to help pull the US’ ‘chestnuts out of the fire’ going ahead. The question is, would NATO be willing to thus toe the US line even at the cost of its best interests.
For the West, these fractious issues are coming to the fore at a most unpropitious moment. The reality that could faze the West at present is the strong opposition shown to its efforts to bolster its power and influence by China and Russia. Right through the present crisis, the latter have stood by Iran, materially and morally. For instance, the most recent Security Council resolution spearheaded by the US which was strongly critical of Iran, was vetoed by China and Russia.
Accordingly, we have in the latter developments some marked polarities in international politics that could stand in the way of the West advancing its interests unchallenged. They point to progressively intensifying East-West tensions in international relations in the absence of consensuality.
It is only to be expected that given the substance of international politics that the West would be opposed by the East, read China and Russia, in any of the former’s efforts to advance its self interests unilaterally in ways that could be seen as illegitimate, but what is sorely needed at present is consensuality among the foremost powers if the world is to be ‘a less dangerous place to live in.’ Minus a focus on the latter, it would be a ‘no-win’ situation for all concerned.
It would be central to world stability for International Law to be upheld by all states and international actors. Military intervention by major powers in the internal affairs of other countries remains a principal cause of international mayhem. Both East and West are obliged to abide scrupulously with this principle.
From the latter viewpoint, not only did the West err in recent times, but the East did so as well. Iran, for instance, acted in gross violation of International Law when it attacked neighbouring Gulf states which are seen as US allies. Neither Iran nor the US-Israel combine have helped in advancing international law and order by thus taking the law into their own hands.
Unfortunately, the UN has been a passive spectator to these disruptive developments. It needs to play a more robust role in promoting world peace and in furthering consensual understanding among the principal powers in particular. The need is also urgent to advance UN reform and render the UN a vital instrument in furthering world peace. The East and West need to think alike and quickly on this urgent undertaking.
Features
Science-driven health policies key to tackling emerging challenges — UNFPA
Marking World Health Day on April 7, health experts have called for a stronger commitment to science-based decision-making to address increasingly complex and evolving health challenges in Sri Lanka and beyond.
Dr. Dayanath Ranatunga, Assistant Representative of the United Nations Population Fund, stressed that health is no longer confined to hospitals or traditional medical systems, but is shaped by a broad spectrum of social, environmental, and technological factors.
“This year’s theme, ‘Together for Health. Stand with Science,’ reminds us that science is not only for laboratories or policymakers. It is a way of thinking and a tool that shapes everyday decisions,” he said.
Dr. Ranatunga noted that modern health challenges are increasingly interconnected, ranging from infectious diseases such as COVID-19 to climate-related risks, demographic shifts, and emerging forms of online violence.
He warned that maternal and newborn health continues to demand urgent attention despite progress. Globally, an estimated 260,000 women died from pregnancy and childbirth-related causes in 2023 alone—many of them preventable through timely, science-based interventions.
“In countries like Sri Lanka, where fertility rates are declining and survival rates improving, every pregnancy carries greater significance—not just for families, but for the future of communities and economies,” he said.
The UNFPA official also highlighted the growing threat of Technology Facilitated Gender-Based Violence (TFGBV), including cyber harassment and online abuse, noting that these forms of violence can have deep psychological consequences despite lacking visible physical harm.
He emphasised the need for multidisciplinary, science-informed approaches that integrate mental health, digital safety, and survivor-centered care.
Turning to demographic trends, Dr. Ranatunga pointed out that increasing life expectancy is bringing new challenges, particularly the rise of non-communicable diseases such as diabetes, cardiovascular illnesses, and cancers.
In Sri Lanka, nearly 13.9% of mothers develop diabetes during pregnancy, a trend attributed to obesity and unhealthy lifestyles, underscoring the urgent need for preventive healthcare strategies.
“Are we investing enough in prevention?” he asked, noting that early intervention and healthier lifestyles could significantly reduce long-term healthcare costs, especially in a country with a free public healthcare system.
He underscored the importance of data-driven policymaking, stating that scientific research and analytics enable governments to identify gaps, anticipate future needs, and allocate resources more effectively.
The UNFPA, he said, is already leveraging tools such as Geographic Information Systems (GIS) to improve access to maternal healthcare, including mapping travel times for pregnant women to reach health facilities.
Digital innovation is also transforming healthcare delivery, from telemedicine to real-time data systems, improving efficiency and ensuring continuity of care even during emergencies.
In Sri Lanka, partnerships between the government and development agencies are helping to modernise training institutions, including facilities in Batticaloa, equipping healthcare workers with both clinical and digital skills.
However, Dr. Ranatunga cautioned that technology alone is not a solution.
“It must be guided by evidence and grounded in equity,” he said, pointing out that women’s health remains significantly underfunded, with only about 7% of global healthcare research focusing on conditions specific to women.
He also drew attention to the growing health impacts of climate change, including extreme weather, food insecurity, and displacement, describing it as an emerging public health crisis.
“Health does not begin in hospitals. It is shaped by the environments we live in, the choices we make, and the systems we build,” he said.
Calling for renewed commitment, Dr. Ranatunga urged stakeholders to invest in prevention, embrace innovation, and ensure that science remains central to policy and practice.
“Science is not just about knowledge—it is about ensuring that everyone has the opportunity to live healthy, dignified lives, and that no one is left behind,” he added.
By Ifham Nizam
Features
Sharing the festive joy with ‘Awurudu Kaale’
Melantha Perera is well known as a very versatile musician.
He was involved with the band Mirage, as their keyboardist/vocalist, and was also seen in action with other outfits, as well, before embarking on a trip to Australia, as a solo artiste.
I now hear that he has plans to operate as a trio.
However, what has got many talking about Melantha, these days, is his awesome work with the visually impaired Bright Light Band.
They have worked out a special song for the Sinhala and Tamil New Year, aptly titled ‘Awurudu Kaale.’
Says Melantha: “This song has been created to celebrate the spirit of the Sinhala and Tamil New Year and to share the joy of the Awurudu season with all Sri Lankans”.
Yes, of course, Melantha composed the song, with the lyrics written collaboratively by Melantha, Badra, and the parents of the talented performers, whose creative input brought the song to life during moments of inspiration.

Melantha Perera: Awesome work with Bright Light Band
This meaningful collaboration reflects the strong community behind the Bright Light Band.
According to Melantha, accompaning the song is a vibrant video production that also features the involvement of the parents, highlighting unity, joy, and togetherness.
Beyond showcasing their musical talents, the visually impaired members of Bright Light Band deliver a powerful message, through this project, that their abilities extend beyond singing, as they also express themselves through movement and dance.
Melantha expressed his satisfaction with the outcome of the project and looks forward to sharing it with audiences across the country during this festive season.
He went on to say that Bright Light Band extends its sincere gratitude to Bcert Australia for their generous Mian sponsorship, the CEO of the company, Samath Fernando, for his continuous support in making such initiatives possible, and Rukshan Perera for his personal support and encouragement in bringing this project to completion.
The band also acknowledges Udara Fernando for his invaluable contribution, generously providing studio space and accommodating extended recording sessions to suit the children’s availability.
Appreciation is warmly extended to the parents, whose unwavering commitment from ensuring attendance at rehearsals to supporting the video production has been instrumental in the success of this project.
Through ‘Awurudu Kaale’, Bright Light Band hopes to spread festive cheer and inspire audiences, proving that passion and talent know no boundaries.
-
Features5 days agoRanjith Siyambalapitiya turns custodian of a rare living collection
-
News5 days agoGlobal ‘Walk for Peace’ to be held in Lanka
-
News3 days agoLankan-origin actress Subashini found dead in India
-
Features5 days agoBeyond the Blue Skies: A Tribute to Captain Elmo Jayawardena
-
Opinion7 days agoHidden truth of Sri Lanka’s debt story: The untold narrative behind the report
-
Features5 days agoAspects of Ceylon/Sri Lanka Foreign Relations – 1948 to 1976
-
Features7 days agoThe Ramadan War
-
Editorial6 days agoBrouhaha over a book
