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Editorial

Biggest curse

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Wednesday 6th December, 2023

Justice Minister Dr. Wijeyadasa Rajapakshe lashed out at SJB MP Rishad Bathiudeen, on Monday, for having cursed a judge while making a speech in Parliament recently. He dismissed as baseless Bathiudeen’s claim that the judge concerned heard only cases involving former President Mahinda Rajapaksa. He is right in having taken up the cudgels for the rights of the judges whose reputations are dragged through the mud in Parliament.

Vitriolic attacks that some MPs carry out on judicial officers by taking cover behind their parliamentary privileges are deplorable; they adversely impact the relations between the legislature and the judiciary. The three branches of government—the legislature, the judiciary and the executive—are the political version of tridoshava, pitta and kapha, and any imbalance thereof causes problems. Hence the need for the members of the three institutions to act responsibly, minding their limits and respecting each other’s independence. Unfortunately, instances abound where legislators try to undermine the independence of the judiciary and even slander judges.

A recent announcement President Ranil Wickremesinghe made in Parliament has come in for criticism. He said the next presidential and parliamentary polls would be held in 2024 and the local government and provincial council elections in 2025. That statement has come to be widely viewed as an attempt to influence the judiciary vis-à-vis an ongoing case pertaining to the delayed local government polls. It was also tantamount to a bid to undermine the authority of the Election Commission, which is the institution constitutionally empowered to make decisions anent elections. Why the Justice Minister, who cherishes judicial independence, did not take exception to that presidential announcement is the question.

Minister Rajapakshe told Bathiudeen, while upbraiding him, that nobody had cursed the latter for having been a minister in the Mahinda Rajapaksa government. However, the public cursed the Rajapaksa regime for having the likes of Bathiudeen in its Cabinet, especially after a mob attack on the Mannar court complex in July 2012, and an allegation that Bathiudeen had threatened a Magistrate. The Rajapaksa government took on the judiciary and the Judicial Service Commission, whose Secretary Manjula Tilakaratne was assaulted by a group of unidentified men in Mount Lavinia in October 2012. A few months later, it appointed a Parliamentary Select Committee (PSC) to probe the then Chief Justice Dr. Shirani Bandaranayake and had her ‘impeached’ in January 2013. Thus, that government became a curse.

The current SLPP-UNP dispensation sought to summon some judges before the parliamentary Committee on Privileges and Ethics over a ruling which annoyed the powers that be. Thankfully, it got cold feet owing to protests. That abortive move however reminded us of how the J. R. Jayewardene government had two judges of the Supreme Court summoned before a PSC and reprimanded in 1983. The houses of some apex court judges were also stoned in that year because a judgement against the police in a fundamental rights violation case filed by a group of Opposition activists angered the UNP government. That regime also tried to impeach the then Chief Justice Neville Samarakoon for making a public speech which President Jayewardene did not take kindly to.

Interestingly, Bathiudeen has been in governments formed by the parties and leaders with a history of undermining judicial independence. (Ironically, the same holds true for Dr. Rajapakshe!) Bathiudeen was in the Mahinda Rajapaksa government as a Minister; he then switched his allegiance to President Maithripala Sirisena and Prime Minister Ranil Wickremesinghe and became a member of the Yahapalana Cabinet. Today, he is a coalition partner of the SJB, whose leaders were in the Yahapalana administration as members of the UNP-led UNF. President Sirisena, who leads the SLFP, ably assisted by Prime Minister Wickremesinghe and some prominent members of the Bar Association of Sri Lanka, removed a Chief Justice in a despicable manner. In 2015, he declared the appointment of Chief Justice Mohan Peiris, null and void ab initio on the grounds that the post of Chief Justice had not fallen vacant. True, the Rajapaksa government did not follow proper procedure in impeaching Dr. Bandaranayake and therefore she had to be reinstated, but the process that had led to her wrongful removal should have been reversed by the legislature itself.

Bathiudeen, no doubt, deserves the flak he is drawing for cursing a judge, but could there be a bigger curse for the judiciary as well as the country than an unholy alliance of political parties and leaders responsible for stoning the houses of judges, summoning judicial officers before parliamentary committees, and removing Chief Justices arbitrarily?



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Editorial

Cyber thefts and political battles

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Saturday 25th April, 2026

Another scandal has come to light and made international headlines. The illegal diversion of Treasury funds amounting to USD 2.5 million, meant for bilateral debt repayment to Australia, to a third party, could not have come at a worse time. It has happened close on the heels of the launch of the National QR Payment Adoption Programme to transform Sri Lanka into a cash-lite economy. Although the two payment systems are vastly different, and risks are much lower where the QR-based payment is concerned, the fraudulent diversion of Treasury funds is likely to erode public confidence in online fund transfers, if posts being shared via social media are any indication. The digital payment scheme is the way forward for the country, and it behoves the government to take action to clear doubts being created in the minds of the public. A misinformation campaign is already underway, and it needs to be countered.

Opposition Leader Sajith Premadasa has accused government politicians of making contradictory statements about the theft of Treasury funds. As he has rightly pointed out, it is clear from their claims that the government is still at sea, and instead of getting to the bottom of the fraud, it is trying to manage the political fallout from the incident. Some of them have even gone to the extent of bashing the Opposition. They ought to study the issue properly and speak with one voice. One need not be surprised even if the government propagandists concoct a conspiracy theory that the political rivals of the JVP/NPP masterminded the diversion of Treasury funds.

What one gathers from the government politicians’ different claims is that cyber criminals gained unauthorised access to the computer system of the External Resources Department (ERD) within the Finance Ministry through emails. They altered payment instructions, redirecting the funds to unauthorised accounts. There has been no system level hacking, according to cyber security experts. It defies comprehension why the ERD officials have not been trained to handle situations of this nature, which are not uncommon in the digital space. Even ordinary people double-check account details before transferring funds. A telephone call to the Australian creditor that was to receive funds from the Sri Lanka Treasury would have helped save USD 2.5 million.

The Opposition politicians are no better. They are also making various claims that are contradictory, and some of them have betrayed their ignorance of the issue. Most of them do not seem to know the difference between the functions of the Treasury and those of the Central Bank. They are only making the public even more confused by expressing opinions and making allegations to gain political mileage. Among them are lawmakers. They ought to be educated on the duties and functions of the Finance Ministry/Treasury and the Central Bank. What they will come out with in case of a parliamentary debate being held on the Treasury payment scam is anyone’s guess.

What needs to be done now is to ensure that the illegal fund diversion is probed thoroughly and the stolen money recovered forthwith while action is taken to prevent the repetition of such incidents. Political battles will not serve the country’s interests.

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Editorial

Legislature’s meek submission to overbearing Executive

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Friday 24th April, 2026

The Opposition is intensely resentful that the government has thwarted its attempt to have President Anura Kumara Dissanayake, who is also Minister of Finance, summoned before the Parliamentary Select Committee (PSC) probing the green-channelling of 323 red-flagged freight containers in the Colombo Port in January 2025. When the Opposition members of the PSC proposed that President Dissanayake be summoned, their government counterparts put the proposal to a vote and defeated it.

The Opposition’s abortive bid was not devoid of politics, but Sri Lanka Customs, which released the aforementioned containers without mandatory inspections, is under the Finance Ministry. Therefore, the Finance Minister is accountable to Parliament and must answer questions from the container PSC, as it were.

The dispute between the government and the Opposition over the container scandal has more to it than a mere political argy-bargy. It reflects a deeper constitutional issue. The Constitution requires the President to attend Parliament, but frequent politically strategic interventions by him or her dilutes the spirit of the separation of powers and strengthens the Executive’s dominance over the legislature. This practice is bad for the wellbeing of democracy. The President has used, if not misused, Articles 32 and 33 of the Constitution to dominate Parliament in this manner over the years.

The JVP, on a campaign for abolishing the Executive Presidency, played a pivotal role in introducing the 17th, 19th and 21st Amendments to the Constitution to reduce the executive powers of the President, but ensconced in power, it is now silent on its pledge to restore a parliamentary system of government.

The Opposition has claimed that President Maithripala Sirisena testified before the PSC which probed the Easter Sunday terror attacks in 2019, and therefore President Dissanayake ought to do likewise. What it has left unsaid is that President Sirisena made a statement at the 20th meeting of that PSC, held at the Presidential Secretariat, on 20 September 2019. The PSC report has referred to the event as a ‘discussion’. Sirisena, who secured the executive presidency, promising to reduce the powers vested therein, should have refrained from undermining the legislature and visited the Parliament complex to testify before the PSC, as the Minister of Defence.

The least President Dissanayake can do to avoid the public perception that he, too, is undermining the legislature is to follow the precedent created by President Sirisena. Ideally, he ought to appear before the PSC in the parliamentary complex in keeping with his government’s much-touted commitment to upholding accountability and the separation of powers. After all, when the question of summoning President Sirisena before the PSC on the Easter Sunday attacks came up, the then JVP MP Dr. Nalinda Jayatissa, who was also a PSC member, defended the rights of Parliament. He declared that the PSC had the authority to summon anyone for questioning.

Now that the government members of the container PSC have gone out of their way to defend President Dissanayake, the question is whether they can be expected to allow an impartial investigation to be conducted and help uncover anything detrimental to the interests of the President and the ruling coalition.

By scuttling the Opposition PSC members’ effort to have President Dissanayake testify before the container PSC, and undermining the legislature in the process, the JVP-NPP government has unwittingly reminded the public of its unfulfilled election pledge to introduce a new Constitution, inter alia, “abolishing the executive presidency and appointing a president without executive powers by the parliament” (A Thriving Nation: A Beautiful Life, NPP Election Manifesto, p. 109).

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Editorial

Terrorism financing and terrorist assets

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Thursday 23rd April, 2026

Sri Lanka has reaffirmed its commitment to strengthening its national security and countering terrorism financing with renewed focus on Targeted Financial Sanctions (TFS), according to media reports quoting the Ministry of Defence. Sri Lanka’s compliance with the implementation of the TFS is in line with UN Security Council Resolutions, we are told. The irony of the aforementioned government announcement, which has come close on the heels of the seventh anniversary of the Easter Sunday terror attacks, may not have been lost on political observers.

The targeted financial sanctions, imposed on individuals and organisations suspected of involvement in terrorism or the financing of terrorism, include freezing assets, limiting access to financial systems and preventing designated persons or entities from conducting any form of financial activity within the country. Once a designation is published through a Gazette notification, a legally binding freezing order comes into effect. This results in the immediate freezing of bank accounts and restrictions on the use, transfer, sale, or leasing of movable and immovable assets, including property, vehicles, jewellery, and other valuables.

Eliminating the scourge of terrorism financing is a prerequisite for the success of any anti-terror campaign. Hence, the focus of all operations to defeat terrorism is on following the money trail, which is a forensic investigation technique used to trace financial transactions from their origin to the final destination, uncovering corruption, money laundering, or terrorism. In the case of the Easter Sunday terror strikes, it was not difficult to find out who had funded the National Thowheed Jamaath (NTJ) terror campaign. Sri Lankan investigators and the Federal Bureau of Investigation (FBI) of the US confirmed that the Ibrahim family, two of whose members carried out suicide bomb attacks, had financed the TNJ terror project.

The JVP-NPP government has drawn criticism from its political opponents for shielding the head of the Ibrahim family, Mohamed Ibrahim, who was a JVP National List nominee in 2015. Taking exception to the release of the assets seized from the residence of a suspect in the Easter Sunday terror strikes, the Opposition politicians have called for confiscating the wealth of the Ibrahim family and using it to compensate the victims of the Easter Sunday terror attacks. Interestingly, former President Maithripala Sirisena, ex-Defence Secretary Hemasiri Fernando, former IGP Pujith Jayasundara, former State Intelligence Service Chief Nilantha Jayawardena, and ex-State National Intelligence Service Chief Sisira Mendis have paid compensation to the Easter carnage victims, as per a Supreme Court order, for their failure to prevent the terror attacks.

The offence of financing terrorism is no less serious than the act of carrying out terrorist attacks. There is reason to believe that the issue of financing the Easter Sunday terror campaign has not been probed properly. The need for a fresh investigation into this vital aspect of the carnage cannot be overstated. However, the incumbent dispensation cannot be expected to open a can of worms by ordering a probe into this issue, and therefore a future government will have to get to the bottom of it.

It must also be found out what has become of the assets of the other terrorist organisations which raised colossal amounts of funds in this country. The LTTE and the JVP carried out numerous robberies, including bank heists, and obtained protection money from many people. They also robbed money and gold jewellery from the public. There have been election promises to trace the overseas assets of former rulers, but no serious effort has been made to fulfil these pledges. Illegal assets stashed away overseas must be brought back. Curiously, no political party has pledged to trace the missing assets of the former terrorist groups.

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