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Editorial

Arrogance of power

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Wednesday 18th June, 2025

The Opposition MPs, save a few, walked out of Parliament yesterday, claiming that the Speaker violated their constitutional right to have themselves heard in the House. The protesting MPs alleged that the Chair allowed the Chief Government Whip to speak freely while denying the Chief Opposition Whip and the Opposition Leader an opportunity to express their views on matters of national importance.

Leader of the House and Minister Bimal Rathnayake lashed out at some Opposition MPs for their misconduct, which, he said, was second only to that of the UPFA MPs who went berserk in Parliament in 2018, hurling chilli powder at their rivals. The Opposition has its share of troublemakers who do not act with decorum, but two wrongs do not make a right; silencing dissent is as deplorable as misbehaviour in the House.

Much has been written about the abuse of power and blatant violations of parliamentary privileges of the Opposition members under previous governments. In 2018, some of the Opposition notables who are currently pontificating about the virtues of democracy smashed up furniture in Parliament and even tried to assault the Speaker. The culprits should have been arrested and prosecuted for unleashing violence and destroying public property, a non-bailable offence. The media and civil society organisations campaigned hard to have those violent elements brought to justice, but in vain. There have been numerous other such instances where previous governments violated the constitutionally guaranteed rights of the Opposition MPs, who were even assaulted in full view of the media and schoolchildren in the public gallery. It is only natural that public anger welled up for decades and found expression in the 2022 uprising or Aragalaya, which paved the way for the JVP-led NPP’s meteoric rise to power last year.

People voted overwhelmingly for the NPP because they were desperate for a system transformation. But the NPP government is acting as though it considered its supermajority a divine right to do as it pleases in Parliament and elsewhere, and, above all, make its political opponents bend to its will.

Political power has on the wielders thereof the same effect as mind-controlling parasites on their hosts, if allowed to go to their heads. It is like a borrowed garment. It is the politicians blind to this reality who rule the country with the arrogance of an emperor, indulge in malpractices and suppress democratic dissent. They should learn from what has befallen former leaders and the likes of Mervyn Silva, who considered himself a warrior king reincarnate and flouted the law with wild abandon and total immunity while in power, knowing that he was shielded by his political masters. Now, he finds himself in the exalted company of other lawbreakers behind bars. There are lessons that politicians can learn from the predicament of former Ministers Keheliya Rambukwella, Mahindananda Aluthgamage, Nalin Fernando and S. M. Ranjith, and the bureaucrats behind bars for having cut corrupt deals together with politicians. A future government will surely order thorough probes into alleged transgressions under the incumbent administration, such as the questionable green-channelling of 323 red-flagged containers. The state officials who are allegedly queering the pitch for the Opposition parties in contests to elect the heads of the hung local councils will also have to face the consequences of their actions.

The NPP’s argument that the Opposition plays the victim in Parliament to gain public sympathy, and disrupts sittings to gain media attention is not untenable. The government is right in asking the Opposition Leader and the Chief Opposition Whip to keep their unruly MPs on a tight leash. Similarly, it ought to respect the constitutional rights and parliamentary privileges of the Opposition MPs and be different from the previous governments that were intoxicated. If it wants to gain public trust and arrest the erosion of its vote bank, it should be the change it promised to usher in.



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Editorial

A tale of two govts.

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Tuesday 9th June, 2026

The UNP has taken exception to a comparison made by a website (Manthri.lk) between the initial stages of the UNP-led Yahapalana government under the presidency of Maithripala Sirisena (MS) and the incumbent JVP-NPP administration led by Anura Kumara Dissanayake (AKD) in terms of legislative activity. Both governments came to power by effectively harnessing anti-incumbency sentiments and promising good governance. At the six-month mark, the MS administration led in legislative activity, Manthri.lk has pointed out. It gazetted three times the number of bills, compared to the corresponding period during AKD presidency and had twice as many passed. However, at the nine-month mark the AKD presidency overtook in terms of bills that were passed. By the 18-month mark the score changed. The AKD government passed 12 more bills than the MS administration, according to Manthri.lk.

Arguing in an accusatory tone that the aforesaid comparison, which appears in a Manthri.lk article titled, “Run Rate of Passing Laws in Parliament”, is quantitative and not qualitative, the UNP has said that a number of progressive laws were passed during the Yahapalana government during the first 18 months of the MS government. It has said they include the 19th Amendment to the Constitution, the Right to Information Act, the National Medicines Regulatory Authority Act, and the National Minimum Wage of Workers Act, but the Dissanayake administration has not delivered reforms as such; it has only scrapped some entitlements of the ex-Presidents and former MPs. The UNP has apparently manufactured a grievance to lay out some progressive laws it was instrumental in passing during the Yahapalana. However, what the UNP has left unsaid is that AKD’s JVP was a Yahapalana partner in all but name and pressured that government to honour its promises. Curiously, after being ensconced in power, the JVP has not cared to fulfil its key election pledges.

An interesting picture emerges when the comparison between the initial stages of the two governments is extended beyond the new laws and legal amendments they introduced. What matters most is not the “run rate” or the score as such, but how the game was played, so to speak. These memorable lines from Henry Newbolt’s “Vitaï Lampada” come to mind: “And it’s not for the sake of a ribboned coat / Or the selfish hope of a season’s fame / But his Captain’s hand on his shoulder smote — ‘Play up! play up! and play the game!’” Unfortunately, the spirit of duty and self-sacrifice are not virtues cherished in Sri Lanka politics.

The Yahapalana government carried out a mega racket, the Treasury bond scam, shortly after its formation in 2015, severely denting its anti-corruption credentials. The JVP-NPP administration did likewise in January 2025, a few weeks after sweeping a general election and securing a two-thirds majority. A freight container scandal ruined its reputation; that was followed by a coal procurement scam. Driven by political expediency, both governments unashamedly embraced the very rotten political culture they had vowed to upend while out of power.

MS and AKD secured the executive presidency by pledging to abolish it. But they reneged on that promise after savouring power. MS embarked on his reelection campaign and sought to gain a boost for it from his war on drugs, but the Easter Sunday terror attacks ruined his chances of contesting another presidential election. AKD remains silent on his much-advertised pledge to do away with the executive presidency. His election manifesto, A Thriving Nation: A Beautiful Life, promises to introduce a new Constitution, abolish the executive presidency and ensure that a President without executive powers will be appointed by the parliament, but several government politicians have said AKD will seek a second term. The JVP/NPP has thus demonstrated that it also acts out of expediency and not principle. It is emulating its predecessors notorious for their Machiavellian approach to promises. A common denominator among all governments since 1994 has been the unfulfilled promise to abolish the executive presidency.

Most criticisms of the UNP-led Yahapalana government under MS presidency apply, mutatis mutandis, to the incumbent administration led by the JVP.

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Editorial

Probe Sallay’s complaint

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Monday 8th June, 2026

Former Director of the State Intelligence Service Maj. Gen. (retd.) Suresh Sallay, currently being detained at the Criminal Investigation Department (CID) over the Easter Sunday terror attacks, has begun a hunger strike in protest against alleged inhumane treatment by CID officers. His wife has complained to Inspector General of Police (IGP) Priyantha Weerasuriya about the conditions of detention. She has told the media that Sallay is determined to continue his hunger strike. The police have denied mistreating Sallay.

Sallay has suffered physical and psychological abuse, at the hands of the CID, according to his lawyers. One of his counsel, Udaya Gammanpila, told the media on Saturday that Sallay was even denied proper meals, and the previous night the CID had served a small portion of rice with some gravy on a piece of newspaper placed on the floor of his cell. That had prompted Sallay to launch the hunger strike, Gammanpila said. Curiously, a notorious drug dealer, Nadun Chintaka alias Harak Kata, was allowed to consume food from the CID canteen while being detained at the CID.

Sri Lanka’s overcrowded, squalid remand prisons are hellholes, and even a brief stay there amounts to punishment, as is public knowledge. The same goes for the detention or holding cells at the CID headquarters. Degrading interrogation practices, including psychological coercion and physical abuse, aimed at breaking a suspect’s will, are antithetical to international good practices followed by modern crime investigators in civilised societies. Unfortunately, some officers of Sri Lanka police have used such cruel methods with impunity under successive governments. One may recall that a high-ranking police officer found guilty of having violated a suspect’s fundamental rights and the ban on torture was appointed IGP. Deshabandu Tennakoon is his name.

Allegations made by Sallay through his lawyers and family members against the police remind us of the horrors of the Spanish Inquisition, Nazi Straflager (punishment camps), Gestapo interrogation centres, the CIA black sites and the Batalanda torture chamber. Hence the need to do away with the draconian Prevention of Terrorism Act, which allows suspects to be detained indefinitely and made to undergo untold suffering in the name of interrogation.

A very serious allegation frequently levelled against Sri Lanka police is that they make arrests, detain suspects, and conduct investigations to support political motives rather than to establish facts impartially. Justice and public trust in the legal and judicial processes become the victims of the partiality, if not servility, of the police and some of the Attorney General’s Department personnel to the powers that be and their deplorable efforts to support popular political narratives about crimes.

The integrity of the ongoing CID investigation into the Easter Sunday terror attacks is severely compromised, for the JVP-NPP government has elevated a member of the NPP’s Retired Police Collective (NPPRPC), Shani Abeysekera, as the CID Director to probe the Easter Sunday terror attacks, which the CID itself failed to prevent while he was serving as its Director in 2019, when the current Public Security Ministry Secretary Ravi Seneviratne, also a member of the NPPRPC, was the Senior DIG in charge of the CID. All those who failed to prevent the carnage in spite of repeated warnings of the impending bomb attacks must be brought to justice. President Anura Kumara Dissanayake has caused quite a stir by making predictions about judgements to be delivered in court cases against his political opponents and drawn heavy criticism from the Bar Association of Sri Lanka and other lawyers’ associations for trying to raise the retirement ages of the superior court judges arbitrarily. How can the current dispensation be expected to uphold the rule of law, justice and fair play?

The denial of a suspect’s right to be heard, with the prosecutors, given to rehearsed, performative courtroom presentations, making various allegations designed to generate headlines and please the powers that be, violates the principle of natural justice. Justice must be served for the Easter Sunday terror victims, but without injustice to suspects in custody.

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Editorial

Prez in the dock

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The US has acted decisively to rein in a runaway Executive, as it were. The House of Representatives has passed a resolution curbing President Donald Trump’s powers to attack Iran without congressional authorisation. Four Republicans joined Democrats to ensure the passage of the landmark bill in a vote of 215 to 208. However, the actual enforcement of this legislative measure will have to clear several hurdles, with the White House remaining determined to undermine it. But the Congress’s message to Trump is loud and clear. The War Powers resolution is bound to hang like the sword of Damocles above Trump’s head. The congressional action to keep the Executive in check is proof of institutional robustness, which helps safeguard the separation of powers, among other things, in the US.

Sadly, in Sri Lanka it is virtually impossible to restrain the Executive President, especially when his or her party has control over the legislature. The subservience of Parliament to the President largely owing to the numerical inferiority of the Opposition has created a situation where civil society organisations and professional associations have to lead a countervailing force against the Executive and help protect democracy.

The Bar Association of Sri Lanka (BASL) and the Colombo High Court Lawyers’ Association (CHCLA) have moved in to bolster the ongoing efforts to frustrate a questionable government bid to increase the retirement ages of the judges of the Superior Courts arbitrarily. They have issued well-reasoned statements opposing the proposed move.

Pointing out that the retirement ages of the judges of the Court of Appeal (CA) and the Supreme Court (SC) have been constitutionally fixed at 63 and 65, respectively, the two associations have very convincingly demolished all arguments for the proposed government move, stressing the need for the Executive to act with restraint. The Opposition has also put forth cogent arguments against the government bid at issue. Former Minister of Justice and Constitutional Affairs Prof. G. L. Peiris was perhaps the first to take up the issue and alert the public, and galvanise the lawyers’ associations, etc., into putting up stiff resistance.

The proposed move to extend the retirement ages of CA and SC judges has come as a surprise because there is no dearth of qualified judicial officers in this country. What the government ought to do urgently is to take action to fill all existing judicial vacancies, the CHCLA has said, pointing out that any attempt by the Executive or the Legislature to amend the constitutional provisions governing the retirement of judges, without a compelling rationale and without following the prescribed process, would constitute “an act of the gravest constitutional impropriety”.

It has warned that “the impact of an upward revision of the retirement ages of Judges of the Superior Courts will produce “immediate, concrete, and deeply unjust consequences for the dedicated officers of the Judicial Service of Sri Lanka, who have devoted their professional lives to the service of the administration of justice”. It goes on to argue that the proposed extension of the retirement ages of the Superior Court judges, in the absence of any transparent, constitutionally grounded, and publicly articulated justification could risk “the public perception that the Executive seeks to secure the continued service of particular Judges whose disposition may be regarded as favourable to the interests of the State in litigation before the Superior Courts”.

It is also deeply troubling that the proposed government move smacks of a sinister attempt to undermine the doctrine of the separation of powers. Having come to power, promising to abolish the executive presidency, the JVP/NPP should be ashamed of its deplorable attempts to enhance the executive powers of the President through questionable means. It has made a mockery of its commitment to upholding the independence of the judiciary and the separation of powers.

The government has chosen to remain silent on questions being raised about its deplorable move at issue. The only way President Anura Kumara Dissanayake can put the matter to rest is to do the following, as requested by the CHCLA: immediately withdraw and abandon the proposal to enhance the retirement age of the judges of the CA and the SC; direct the competent constitutional authorities to take immediate and decisive steps to fill all existing vacancies in the Superior Courts in accordance with the constitutional process and without further delay; affirm, by word and by deed, the government’s unequivocal commitment to the independence of the judiciary as guaranteed by the Constitution of Sri Lanka, and to the full and faithful observance of the constitutional provisions governing the tenure and conditions of service of the Judges of the Superior Courts, and engage the legal profession, the Judicial Service Commission, and other relevant stakeholders in any future discussion of matters affecting the judiciary, in a spirit of transparency, constitutionalism, and mutual respect for the rule of law. The BASL has also asked the President to deep-six any plan to raise the retirement ages of the judges of the Superior Courts and help preserve the integrity, independence and dignity of the judiciary and reinforce public confidence in the judicial service.

An immediate course correction, in line with the fervent appeals of legal professionals, is the least President Dissanayake can do to dispel the public perception that he too has failed to resist the autocratic tendencies embedded in the executive presidency.

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