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Manohara, others warn of inherent dangers of 13-A

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‘That legislation in its entirety is illegal and contrary to the unitary status –Gen Dias

By Shamindra Ferdinando

The full implementation of the 13th Amendment to the Constitution portends massive risks and, therefore, those political parties and alliance seeking to woo Tamil speaking voters should be wary of the threat to the country’s unitary status, top constitutional lawyer Manohara de Silva said yesterday.

The President’s Counsel was commenting on Samagi Jana Balawegaya (SJB) and Opposition Leader Sajith Premadasa’s recent declaration in Kilinochchi that the 13th Amendment would be implemented.

President Ranil Wickremesinghe and Jathika Jana Balawegaya (JJB), too, have declared their intention to fully implement the 13th Amendment in line with their overall bid to reach consensus with the Tamil National Alliance (TNA).

Pointing out that discussions on the 13th Amendment often centred on the need to grant land and police powers to the provinces, de Silva said that ancient and historical monuments and records, agriculture, irrigation, education, roads, as well as housing, come within the Provincial Council list.

The ruling Sri Lanka Podujana Peramuna (SLPP) is yet to state its position, officially, though about a year ago that party questioned the rationale in the incumbent President declaring his intention to fully implement the 13th Amendment against the backdrop of all previous Presidents having declined to do so.

Political parties shouldn’t, under any circumstance, forget that the concurrent list that included land acquisition, registration of births, renaming of villages, festivals (LTTE commemoration possible), archaeological sites, religious institutions are within the legislative and executive competence of Provincial Councils, the PC said.

When The Island pointed out that the Parliament could intervene to thwart threatening moves on the part of Provincial Councils, the Executive Committee member of the National Joint Committee emphasized that those who reached electoral agreements with the TNA wouldn’t be able to resist the coalition partner.

“Do you really think that the SJB leader, or any other presidential poll candidate, will be allowed, by coalition partners, to override the Provincial Council legislation on the concurrent list,” de Silva asked.

The outspoken lawyer pointed out that former Speaker and Deputy Leader of the UNP Karu Jayasuriya, in his current capacity as the Chairman of the National Movement of Social Justice (NMSJ) and the UK-headquartered Global Tamil Forum (GTF) have declared their support for the SJB’s position.

De Silva said that close on the heels of parliamentarian M.A. Sumanthiran, on behalf of the TNA, publicly regretting its decision to boycott the 2005 Presidential Polls, as directed by the LTTE – a contentious move that deprived Ranil Wickremesinghe of certain victory – Premadasa and JVP Leader Anura Kumara Dissanayake met the TNA leadership on Monday (10) and Tuesday (11), respectively.

The TNA parliamentary group consists of 10 MPs. In parliament, the TNA group is recognized as Illankai Thamil Arasu Kadchchi (ITAK).

De Silva said it would be interesting to see whether President Wickremesinghe, SJB leader Premadasa and JJB leader Dissanayake seek the support of other political parties representing the Northern and Eastern Provinces.

The other Tamil parties are the EPDP (two MPs), AITC (two), TMVP, TMTK (one). Of them, the EPDP and TMVP represent the Wickremesinghe-Rajapaksa government.

Retired General Jagath Dias who had been quite critical, recently, of the moves to fully implement the contentious piece of legislation, told The Island that though the right of political parties to engage in negotiations should be respected they couldn’t, under any circumstances, pursue an agenda inimical to national interests.

“There is absolutely no ambiguity. The 13th Amendment, forced on us by India under the Indo-Lanka Accord signed on July 29, 1987, in its entirety is illegal and contrary to our unitary status. That is the truth,” the war veteran said.

Having served the Army for over 35 years, Dias retired in Dec 2015 as the Chief of Staff. During Eelam War IV (August 2006-May 2009), Dias commanded the 57 Division that was tasked to liberate Kilinochchi.

Recalling the circumstances the 13th Amendment had been enacted, just months after India thwarted ‘Operation Liberation’ intended to clear the Jaffna peninsula of the LTTE, the former combat officer said that the piece of legislation should be constitutionally done away with.

Giving into unjust political demands made by the TNA/ITAK and trying to appease its Indian masters should be considered as a treacherous act, the Gajaba Regiment veteran said. Dias regretted that even 15 years after the eradication of separatist terrorism, the Parliament hadn’t taken into consideration post-war ground realities when addressing, what he called, the North East issues.

Both Manohara de Silva and Jagath Dias emphasized that the Eastern Province couldn’t be merged with the Northern Province just to appease those who still harboured separatist sentiments.

The Supreme Court in Oct 2006 declared that the merger of the two provinces, in line with the Indo-Lanka Accord, was defective and invalid.

The President’s Counsel said that the country’s unitary status, that had been preserved at a tremendous, cost couldn’t be abolished. Referring to recent reports of some group distributing leaflets in the North demanding that the Tamil electorate boycott the Presidential Poll, scheduled to be conducted later this year, until the unitary status is done away with, de Silva said those who genuinely value the eradication of the LTTE conventional fighting capacity should take a collective stand as regards the 13th Amendment.



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CID arrests former top military intelligence officer under PTA

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Suresh Sallay

Suresh Sallay, who played a significant role in the Directorate of Military Intelligence (DMI) during the war, has been arrested under the Prevention of Terrorism Act (PTA).

DIG (Legal Division) Jaliya Senaratne yesterday told a hastily called media briefing that Sallay had been arrested in connection with the ongoing investigations into the 2019 Easter Sunday carnage. Senaratne said that as the ex-officer had been apprehended in terms of the PTA, he could be held for 72 hours for questioning.

The Criminal Investigation Department (CID) arrested him at Peliyagoda yesterday morning. At the time of the suicide bombings, Sallay had been at the National Defence College (NDC) of India.

Sallay had been under investigation over declaration made by one Azad Maulana, in an interview with British television network Channel 4, that Sallay met the Easter Sunday bombers, including their leader Zahran Hashim, in February 2018. Responding to Maulana’s allegation, Sallay told the UK network that he had been assigned to the Sri Lankan mission, in Malaysia, during the 2016-2018 period and never left the country in 2018.

According to Sallay, he had been out of Malaysia only once, during the entire 2016-2018 period, and that was in 2017.

Maulana also accused him of meeting Pilleyan who, at that time, was held at Prison.

Pilleyan, too, was arrested in connection with the same investigation.

Following the change of government in November 2019, President Gotabaya Rajapaksa appointed Sallay head of the State Intelligence Services (SIS), a post previously held by Senior DIG Nilantha Jayawardena accused of the worst post-war intelligence failure.

Sallay retired in October 2024 following Anura Kumara Dissanayake’s victory in the presidential election. (SF)

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Corruption in coal procurement: CP demands action against all responsible

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Energy Minister Kumara Jayakody, blamed for causing heavy losses to the state coffers by procuring substandard coal for the Norochcholai power plant, stands next to Prime Minister Dr. Harini Amarasuriya on Tuesday (24) at a power sector awards ceremony at the BMICH.(pic courtesy Energy Ministry)

The Communist Party yesterday (25) said that all individuals, regardless of political affiliation or status, responsible for the coal procurement scandal, should be held accountable, if found guilty of wrongdoing. The Opposition has directly pointed fingers at Energy Minister Kumara Jayakody in this regard. The following is the text of the statement issued by the CP:

“The Communist Party of Sri Lanka wishes to add its voice to the growing public outcry in response to the unfolding revelations surrounding the coal procurement scandal. These revelations have, once again, exposed the deep‑rooted corruption embedded within the neoliberal governance framework that has dominated the country’s economic management for decades.

The CPSL condemns, in the strongest terms, the irregularities and manipulations that have allegedly taken place in the awarding of coal supply contracts. These actions represent not mere administrative lapses but a systematic betrayal of the public trust, carried out at the expense of the national economy, and the working people, who ultimately bear the burden of such misconduct.

The Party emphasises the following:

* Corruption, in strategic sectors such as energy, threatens national sovereignty directly, as it compromises the stability of essential services and places the country at the mercy of private profiteers.

* The scandal reflects the failure of successive governments to establish transparent, accountable, and socially responsible procurement systems, instead allowing political patronage networks and corporate interests to dominate public resources, which the National People’s Power government swore to eradicate

* The CPSL calls for a full, independent, and publicly accessible investigation, ensuring that all individuals, regardless of political affiliation or status, are held accountable, if found guilty of wrongdoing.

* The CPSL urges the government to immediately review procurement mechanisms across all state institutions, ensuring that national resources are managed in the interest of the people rather than of private intermediaries.

The Communist Party of Sri Lanka stands firmly with the working class and the broad masses in demanding justice and transparency. The coal procurement scandal must not be allowed to fade into yet another episode of unpunished corruption. It must become a turning point toward building a state apparatus that serves the people, not the profiteers.”

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Jaffna University leads campaign against PTA and PSTB

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Undergraduates sign a petition against existing and proposed anti-terrorist legislation

The University of Jaffna has joined a protest campaign in the northern and eastern regions opposing both the Prevention of Terrorism Act (PTA) and the newly proposed counter-terrorism law.

The campaign is being carried out, under the theme “Neither the old nor the new,” reflecting mounting opposition to both the existing PTA and the proposed Protection of the State from Terrorism Bill (PSTB). Organisers have called for the outright repeal of the PTA and the withdrawal of the new legislation.

Organisers conducted a four-day signature campaign recently. Jaffna University has been one of the venues for the signature campaign , sources said.

Sources said that the mobilisation at the University has been jointly organised by the University Employees’ Union, the University Teachers’ Association and the University Students’ Union. All three bodies have urged the government to withdraw the proposed law and repeal the PTA, warning that successive counter-terror frameworks risk entrenching extraordinary powers under a different legislative guise rather than delivering meaningful reform.

Across the North and East, similar protests and signature campaigns have taken place in recent days. In Point Pedro, civil organisations conducted a signature campaign on Saturday, asserting that neither the PTA nor any proposed legislation, framed as protecting the state from terrorism, is acceptable.

In Chenkalady, Batticaloa district, a large-scale campaign, held on 20 February, drew civil society activists from across the region. The protest, organised by the Batticaloa District Civil Society Activists’ Association, took place along Market Shop Street and saw participants call for the repeal of the PTA and oppose the proposed new law.

Civil society representatives warned that both the existing PTA and the proposed PSTB pose serious threats to civil liberties and democratic rights. Organisers distributed awareness leaflets outlining concerns that the new law could replicate or even expand the sweeping powers long associated with the PTA.

Opposition to the legislation has grown in recent weeks, with activists, religious leaders and civil society groups warning that the proposed reforms risk further entrenching repression under the pretext of national security.

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