Features
That Supreme Court Judgement
On 8 November, I penned an article, “Root Causes of Crisis,” scrutinizing various reports to distill conclusions. In that exploration, I underscored that the nation’s economic crisis finds its nucleus in the tax cuts, depletion of foreign exchange reserves/not floating the Rupee and an initial reluctance to seek IMF assistance. A critical juncture was identified, attributing responsibility for this predicament to the ruling executives/administrators. It reads as follows.
“Nevertheless, as we continue to probe further by repeatedly asking “Why” and “How,” we eventually arrive at a critical juncture where the heart of the country’s economic crisis lies, … deeper into the analysis and inquire further, the responsibility for this situation ultimately falls upon the ruling party.”
Fast forward to 14 November, which marked a historic moment when the Supreme Court delivered a definitive ruling; Ex-President Gotabaya Rajapaksa, former Finance Ministers Mahinda Rajapaksa and Basil Rajapaksa together with several administrators including two Central Bank Governors and some members of the Monetary Board were held responsible for contributing to Sri Lanka’s current economic crisis. The judgment asserted a violation of the fundamental rights of the people, citing mismanagement and a breach of constitutional obligations.
The apex court’s determination emphasised that the implicated leaders ought to have taken actions to rectify issues adversely affecting the economy, thus affirming their violation of public trust and a breach of Article 12 (1) of the Constitution. In a notable decision, the court refrained from ordering financial compensation for the petitioners, citizens, or the recovery of losses/damages from those found guilty. Instead, it ruled that each petitioner in both applications would be entitled to costs amounting to Rs. 150,000.00 each.
The Supreme Court verdict corresponds with the comprehensive understanding derived from scholarly articles, conference presentations, and reports by institutions such as UNDP, IMF, World Bank, CBSL, Research Institutions and several scholars. The petitioners pointed out three causes.
The main issues raised by the petitioners in both applications granting of leave to proceed by the Supreme Court are as follows: the introduction of tax cuts and the failure to reverse them, delay in seeking assistance from the IMF, the decision by the Monetary Board not to float the rupee, and thereafter floating the same without any safeguards, and the pay out of International Sovereign Bond of US$ 500 million on the 18 January 2022.
Global experiences
The conduct impugned in these proceedings includes illegal, arbitrary, unreasonable, or capricious executive and administrative actions and or inactions. Instances of rulers being punished by the court of law for conduct characterized as “illegal, arbitrary, unreasonable, or capricious executive and/or administrative actions” vary globally and are contingent upon the legal and political systems of individual countries. While each case is unique, some historical examples illustrate the accountability mechanisms that have been applied in different contexts.
In contrast to our Supreme Court verdict, fines and imprisonments are not waived for individuals found guilty in global cases of a similar nature. When consulted, a distinguished legal expert suggested that the complexity lay in accurately quantifying the damage.
Quantification of the damage/loss
Nonetheless, court proceedings compellingly indicate that the loss attributed to the tax cut, estimated at over Rs 681 billion and had disproportionately favoured blue-chip companies and various businesses (The VAT cut from 15% to 8%, the 2% NBT was abolished, the threshold for VAT liability was raised from 12 million to 300 million, tourism business was exempt from VAT, the tax liability to the construction industry was reduced to 14% from 28%, religious institutions were removed from tax and PAYE threshold was raised from monthly income of Rs 150,000.00 to Rs 250,000/). This imbalance, in turn, compelled the government to resort to money printing, resulting in over 70% inflation. Then persistent artificial pegging of the US dollar further exacerbated the situation, causing a monthly reduction of nearly USD 400 million in expat remittances per month.
On the agricultural loss caused by the organic fertiliser policy-blunder, the Hector Kobbekaduwa Agrarian Research and Training Institute (HARTI) conducted a survey involving 703 farmers cultivating many crops in several districts to investigate the situation both before (2020/21 Maha season) and after (2021/22 Maha season) the banning of chemical fertiliser and agrochemicals. There was a significant setback as the total cultivated area experienced a 26 percent decline, leading to a substantial 52 percent reduction in yields following the policy shift. This revelation highlights that transitioning to entirely organic cultivation is neither desirable nor sustainable.
Many tea planters also lamented a decline in their yield by around 30% attributed to the unavailability of Urea and agrochemicals, although the extent of this impact is challenging to quantify precisely.
Imprisonments
In 2017, South Korea witnessed the impeachment and subsequent criminal charges against former President Park Geun-hye, including abuse of power, bribery, and corruption-related offences. The Supreme Court sentenced her to a total of 30 years in jail with an additional five years for abuse of power. In the same year, former Brazilian President Luiz Inácio Lula da Silva faced conviction and served over 18 months in prison for corruption and money laundering. In 2018, Malaysia’s ex-Prime Minister Najib Razak faced charges related to the embezzlement of funds, leading to his conviction in 2020 with a 12-year prison sentence for criminal breach of trust, abuse of power, and money laundering. In 2009, former Peruvian President Alberto Fujimori was sentenced to prison for human rights abuses and corruption, highlighting accountability for both human rights violations and corruption, with a 25-year prison term.
Fines and/or confiscation of assets
Confiscation of assets can be a part of the legal proceedings and penalties imposed on individuals found guilty in instances of financial misconduct, corruption, or mismanagement. However, the specific outcomes can vary depending on the legal framework of the country, the nature of the charges, and the decisions made by the judicial system. Here are a few examples related to the individuals mentioned in your previous queries:
In the case of former South Korean President Park Geun-hye, after her conviction on charges of corruption and abuse of power, the court ordered her to pay fines totaling 18 billion won (approximately £12 million or $17 million). The fine could be considered a form of financial penalty.
In the case of Luiz Inácio Lula da Silva, as part of Operation Car Wash, the legal proceedings led to the freezing of assets and the seizure of properties, demonstrating an effort to recover ill-gotten gains.
In the case of former Malaysian Prime Minister Najib Razak, who was found guilty in connection with the 1Malaysia Development Berhad (1MDB) scandal, there were asset seizures and efforts to recover funds.
When former Peruvian President Alberto Fujimori was sentenced highlighting accountability for both human rights violations and corruption, he was ordered confiscation of approximately USD 8.5 million, plus interest, held in a Swiss bank account.
Conclusion
It is important to note that the legal processes and outcomes can differ significantly from one case to another, and the confiscation of assets is subject to the laws and regulations of the respective countries. Additionally, the success of asset recovery efforts depends on the effectiveness of legal mechanisms, international cooperation, and the willingness of relevant authorities to pursue such actions.
The above global examples highlight instances where leaders faced legal consequences for conduct deemed illegal, arbitrary, or corrupt. Legal systems and the nature of charges vary, but common threads include the importance of independent judicial processes, the role of investigative bodies, and the willingness to hold leaders accountable for their actions.
The recent Supreme Court judgment in Sri Lanka reflects a broader global context where legal consequences are sought for leaders engaging in questionable executive and administrative actions. The convergence of analyses and the court ruling emphasizes the importance of accountability and the imperative to address root causes for sustainable recovery.
(The writer, a senior Chartered Accountant and professional banker, is Professor at SLIIT University, Malabe. He is also the author of the “Doing Social Research and Publishing Results”, a Springer publication (Singapore), and “Samaja Gaveshakaya (in Sinhala). The views and opinions expressed in this article are solely those of the author and do not necessarily reflect the official policy or position of the institution he works for.)
Features
From stabilisation to transformation without delay
At a symposium on reconciliation organised by the National Peace Council last week, more than 250 religious clergy, civic activists and political representatives from different communities gathered to discuss the country’s future. Speaking at the event, Minister Bimal Rathnayake explained the government’s approach to national reconciliation. He said the government viewed the country’s recovery in terms of a three stage process. The first stage was stabilisation, the second was development and the third was transformation. Reconciliation, he implied, would come in that final stage. The participation of Opposition Leader Sajith Premadasa at the same symposium, and the constructive nature of his comments, strengthens that hope.
When the present NPP government took office in 2024, the country was emerging from one of the gravest crises in its post Independence history. The economic collapse of 2022 had led to shortages of fuel, food, medicines and electricity. Inflation soared, foreign reserves disappeared and long queues became part of daily life. The political upheaval that followed culminated in the resignation of former President Gotabaya Rajapaksa after mass public protests under the banner of the Aragalaya movement. The country was then governed by a leadership that spoke the language of reform and reconciliation but was widely perceived as lacking a direct popular mandate.
Sri Lanka’s past experience suggests that stabilisation and transformation cannot be treated as entirely separate stages. Postponing reconciliation until some future moment risks repeating the failures of the past. If transformation is endlessly delayed until a supposedly perfect moment arrives, there will always be new crises and new reasons for postponement. Minister Rathnayake’s contention that the government’s immediate priority has necessarily been stabilisation flows from the government’s awareness of the precarious situation the country is. Over the past two years, the government has succeeded to a significant extent in restoring economic and political stability. Inflation has reduced, shortages have ended and public institutions have regained a degree of functionality.
Guaranteed Changes
On the other hand, the country’s development continues to face challenges due to adverse global conditions, including disruptions caused by conflict in the Middle East and extreme weather events that have affected tourism, trade and the cost of living. The danger is that reconciliation may be indefinitely postponed in the name of stabilisation. This danger can be reduced if the government works proactively with the opposition and civil society to commence practical measures of transformation now rather than later. The participation of Opposition Leader Sajith Premadasa at the symposium, and the constructive nature of his comments, has strengthened the sense that bipartisan engagement on reconciliation may now be possible.
The urgency of transformation came through strongly in the presentations made by representatives of the Sri Lanka Tamil and Malaiyaha Tamil communities. ITAK parliamentarian S.Shritharan spoke of the frustration caused by unresolved post war issues in the north and east. He referred to disputes regarding land occupied during the war years, including controversies linked to Buddhist temples and state sponsored settlement activity in areas claimed by local communities. He also pointed to the continuing large scale presence of the security forces in the north and east nearly two decades after the end of the war. These grievances have remained central to Tamil political discourse since the end of the armed conflict in 2009. Families displaced by war continue to seek the return of ancestral lands. Civil society organisations in the north have repeatedly called for greater civilian control over local administration and a reduction in military involvement in civilian life.
Academic research and practical work on the ground have shown that reconciliation cannot be separated from questions of dignity, equality and justice. Former minister Mano Ganesan, leader of the Democratic People’s Front, focused on the longstanding problems faced by the Malaiyaha Tamil community. He spoke passionately about continuing housing shortages, landlessness and economic marginalisation, issues that have persisted since Independence. He also highlighted the devastating impact of recent extreme weather events on estate communities that remain socially and economically vulnerable. The condition of the Malaiyaha Tamil community remains one of the enduring social justice issues in Sri Lanka.
After Independence in 1948, a large proportion of them were denied citizenship and voting rights through legislation that rendered them stateless. Though citizenship rights were eventually restored, the social and economic consequences of exclusion continue to be felt generations later.
Many families still lack secure housing and land ownership despite their immense contribution to the country’s plantation economy. Minister Rathnayake’s responses to both these concerns were politically significant. He argued that recent political developments, including the declining influence of narrow ethnic politics across communities, indicated a major shift in public attitudes. According to him, the political ground has changed in ways that make it increasingly difficult for politicians who rely primarily on ethnic division and communal insecurity to retain public support.
Inter-Connected
There is evidence to support the assessment about the changing political grounding which sees future prospects in the resolution of long standing problems. . The economic collapse of 2022 affected all communities alike and generated a new politics centred on governance, anti corruption, accountability and economic justice. The Aragalaya protests brought together Sinhalese, Tamils and Muslims in a common demand for political change. Although ethnic grievances have not disappeared, the crisis created space for a broader understanding that the country’s future depends on cooperation rather than division. Opposition Leader Premadasa’s comments at the symposium reflected this changing political climate. He emphasised that national reconciliation could not be separated from economic justice and the need to address disparities between regions and social classes.v He also mentioned the need for civil society organisations to take this message to the community. This wider understanding of reconciliation is important because ethnic inequality and economic inequality have often reinforced each other in Sri Lanka’s history.
Academic studies have identified the denial of citizenship rights after Independence as a historic injustice that set back the Malaiyaha community for decades. The challenge now is to ensure that transformation becomes part of the stabilisation and development process itself. Practical first steps are both possible and necessary. The release of civilian lands still under state control, greater devolution of administrative authority, reduction of military involvement in civilian affairs, language equality in public administration and accelerated housing and land ownership programmes in the plantation sector are all measures that can begin immediately without waiting for a final stage of transformation.
The government’s recent commitment that provincial council elections will finally be held this year is therefore significant. These elections have been repeatedly postponed by successive governments. Holding them would not solve the ethnic conflict by itself. But it would signal a willingness to restore democratic institutions and share power in a meaningful way.
Sri Lanka has repeatedly postponed difficult reforms in the hope that a more convenient political moment would eventually arrive. But opportunities are invariably created and fought for instead of being provided as a gift by a benevolent government.
The present moment, shaped by the economic crisis and public demand for accountable government, offers a rare opportunity to move simultaneously towards stability, development and reconciliation. Provincial council elections can be the first meaningful step. But they must not be the last.
by Jehan Perera
Features
Researchers to shape new environmental policy framework
In a significant move aimed at steering Sri Lanka’s environmental governance towards a more science-based and evidence-driven path, the Ministry of Environment has initiated a new collaborative mechanism to integrate leading researchers into national policy formulation and conservation planning.
The initiative was discussed at a high-level meeting chaired by Dr. Dammika Patabendi at the Ministry of Environment on Tuesday, where top environmental scientists, wildlife experts and researchers were invited to contribute towards what officials described as a “strategic transition” in the country’s environmental management framework.
The discussions focused on strengthening the scientific basis of environmental conservation programmes and national policy decisions while creating a more research-friendly environment for academics and field scientists engaged in biodiversity and ecological studies.
Particular attention was paid to long-standing concerns raised by researchers regarding procedural and operational difficulties encountered when conducting studies in collaboration with the Department of Wildlife Conservation and the Forest Department.
Minister Patabendi stressed the need for environmental policies to be guided by credible scientific data rather than ad hoc administrative decisions, ministry sources said.
Among the key proposals discussed was the establishment of a streamlined mechanism that would reduce bureaucratic obstacles faced by researchers in obtaining approvals, accessing field sites and sharing scientific findings with state institutions.
The Minister highlighted the importance of building stronger partnerships between policymakers and the scientific community at a time when Sri Lanka is grappling with escalating environmental challenges including deforestation, biodiversity loss, human-elephant conflict, climate-related disasters and ecosystem degradation.
Environmentalists attending the meeting had also highlighted the urgent necessity of incorporating empirical research into national decision-making processes to ensure long-term ecological sustainability and better resource management.
The meeting brought together several of Sri Lanka’s leading environmental researchers and academics including Rohan Pethiyagoda, Saminda Fernando, Sewwandi Jayakody, Samantha Gunasekara, Dinidu Devapura, Himesh Jayasinghe, Manoj Prasanna, Mendis Wickramasinghe and Suranjan Karunarathna.
Director General of Wildlife Conservation Ranjan Marasinghe also participated in the deliberations.
Officials said the proposed framework is expected to pave the way for a more transparent, data-oriented and scientifically credible environmental governance structure capable of addressing emerging conservation challenges more effectively.
The government expects the new mechanism to support the implementation of practical and scientifically robust programmes aimed at safeguarding Sri Lanka’s ecological future while enhancing cooperation between state agencies and the country’s growing community of environmental researchers.
By Ifham Nizam
Features
Back home … for a special occasion
Niluk Uswaththa, of Seven Notes fame, based in Dubai, surprised many when he and his wife Apeksha, turned up in Colombo, last week … unannounced.
Yes, they had a purpose in their surprise visit … to wish Apeksha’s mum for her birthday, which was on Monday, 18th May, and what a surprise it turned out to be!
In an exclusive chit-chat with The Island, Niluk said that the scene in Dubai is improving and Seven Notes do have work coming their way.
Since the members of Seven Notes are all employed (doing day jobs), they operate only on Saturdays and Sundays.

Niluk: Didn’t come prepared to perform, but obliged
friends in Galle
In fact, to get to Colombo for the birthday surprise (on Monday, 18th May), the band had to skip their 17th May, Sunday gig.
“Although it’s a short vacation, my wife and I are enjoying the setup here,” said Niluk, adding that they spent two days in Galle and that their next destination is Anuradhapura.”
Niluk didn’t come prepared to perform, but he obliged the crowd present, at a friend’s birthday celebrations, in Galle, singing and playing guitar.
They are scheduled to leave for their home, in Dubai, in the first week of June.
Seven Notes is an outfit made up of Sri Lankans and the band has been around for almost nine years.
Niluk came into their scene nearly seven years ago.
“When I went to Dubai, I had offers coming my way but it was Seven Notes that impressed me because of their acoustic style.”
The Dubai’s entertainment scene is showing clear signs of bouncing back and even levelling up in the next few months.

Niluk and Apeksha: Enjoying their short vacation
After a slowdown earlier this year due to regional tensions, shows and festivals are back on the calendar, and organisers say late 2026 could be the busiest concert season in years.
Time Out Dubai says “the 2026 concert calendar is filling up nicely” and “the city is ready to party once again” after some reschedules.
Dubai Summer Surprises in July brings retail activations, comedy nights, and indoor art exhibitions.
Organisers point to a backlog of postponed events that are being rescheduled for late 2026 and early 2027.
Yes, Dubai is calm on the surface but on alert. Life is mostly normal in the city, but there’s a “balancing act” as people watch for escalation.
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