Features
‘The Bar cannot afford to be stifled by party politics’: Saliya Pieris, PC
In an interview with Randima Attygalle, the newly elected President of the Bar Association of Sri Lanka (BASL), President’s Counsel Saliya Pieris elucidates on his road map supported by the cornerstones of ‘principled position’ and ‘independence’.
Q: As the 26th President of the BASL responsible for steering it, how would you define effective leadership?
A: My view of leadership is about building consensus among members and leading through that. It takes more than listening to the wishes of the majority, but also taking the lead on issues discussing and perhaps pointing the way to the path the Association should take.
My take on the members of the BASL is that a vast majority is reasonable and would take a principled position. I think this was evident during this election. I had the support from a cross-section of people. I need to emphasize that this election was not on political lines. Members of the Bar want an independent leadership and I’m not the one who will push my views because I believe that through quiet convincing you can certainly bring people to one table.
Q: You secured a sweeping majority at the recent election. Can you recollect any previous occasions of similar majorities and also of uncontested first time presidencies?
A: There had been large majorities previously when there was a huge gap between the contenders. My predecessor Kalinga Indatissa’s win was a good example in this regard. But if it was among PCs of equal seniority, I can’t recall a similar majority where there were two candidates of equal seniority. As for uncontested presidencies, Geoffrey Alagaratnam PC was elected uncontested in 2015. There was also an instance when a candidate died and as a result there was no contest.
Q: Taking a ‘principled stand’ was underlined in your manifesto which you reiterated in your address after the announcement of the election results. How do you plan to align the mandate of the BASL with this?
A: The BASL by its mandate is bound to uphold the rule of law, to support the independence of the judiciary and to safeguard the fundamental rights. On these cornerstones, the Bar must take an independent position, irrespective of party politics or whatever the government in power. However, the Bar needs to fully cooperate with the government in furthering the administration of justice. But at the same time, where the government of the day is wrong, if there is a threat to the independence of the judiciary, the rule of law and fundamental rights, the Bar must take up a principled position.
Q: How important do you think it is for the BASL to be more vocal on issues of national interest, to lend voice to social justice, marginalized groups etc.
A: It is imperative that the voice of the Bar is heard as an important institution. But having said that, I repeat that the Bar cannot become politicized, because if it is seen as partisan, it can affect the credibility of the institute. It is only when independent institutes exercise a high degree of independence that there is respect for the views of that particular institution.
Q: What measures do you propose to enable more opportunities to those in the Junior Bar in terms of professional exposure, mentoring etc.?
A: One of the programmes I have already proposed is a mentoring system because today many juniors start practicing on their own without the guidance of a senior lawyer. In the case of my own practice, although I’ve worked with senior lawyers I have never had a permanent senior. I believe that there should be senior lawyers to guide the juniors in the profession.
In the long run, we should also deliberate how the Bar can support new areas of practice. Today there are 800 to 1,000 lawyers passing out annually and many end up in court. But there can be areas such as taxation where many new openings are possible for juniors. We are also looking at how the Bar could facilitate scholarships and exchange programmes to support them. We have also proposed to strengthen the continuity of legal education at district levels in collaboration with the local Bars.
During my election campaign I had very close interaction with hundreds of junior lawyers and my experience with them is that they have a lot of potential, a lot of skills and they are people who like to work hard. I’m also pleased to say that many of them are principled and we should optimize these strengths and help them reach their true potential.
Q: We have good laws in our statutes but despite that legal literacy among the masses remains poor. What is the role the BASL can play here in enhancing legal literacy especially among the marginalized groups such as those with disabilities etc.?
A: I have taken stock of this situation in my programme of action as well, and we are trying to lobby for basic law to be incorporated into the school syllabus. We need to revive the good practices such as the National Law Week which was initiated during the tenure of Nihal Jayamanne PC. Legal luminaries such as Judge C.G. Weeramantry had long advocated legal literacy among people and we need to look at how the BASL can sustain the efforts to expand its reach, perhaps through institutions such as the Legal Aid Commission.
Q: In terms of our legal education, the choice of subjects still remains very conventional despite the digital age that we live in. Diversification in legal education is also a want of the hour. As a lecturer of law, what measures do you propose to bridge these gaps?
A: Law should essentially be multidisciplinary and study of law too should be more integrated; it cannot be confined to so-called ‘legal subjects’ alone. Law students must have a knowledge of other disciplines as well. We know that accountants study business law and aspects of commercial law. This kind of an interdisciplinary approach should be replicated in our legal education as well. In certain universities in the UK, for instance in the University of Warwick, there is a subject called ‘Shakespeare and the Law’ where they study certain plays of Shakespeare related to law. In the Department of Law at Peradeniya, Sociology is now being taught which is a progressive move. Sometimes ago there was a proposal to introduce a module on Law and Literature at the Colombo Law Faculty.
We need to have collaborative discussions with our universities and Sri Lanka Law College as to how the syllabuses can be made more productive. Very often even law graduates end up in the legal profession. So while making Law College more practical, suited to modern ways of learning, at the same times there should be measures in place to make academic training at Law Faculties analytical. So when these law graduates join the Bar, their academic training can be productively translated into the practical setting. In this context, the BASL can make representation on how to enhance the quality of legal education in the country.
Q: Although we have seen a notable shift in female representation within the judiciary, it is not so in the Private Bar. How can women lawyers be empowered to be more visible in the Private Bar and play a more proactive role?
A: We have many female instructing attorneys and outside Colombo there are many female lawyers who appear in courts on equal terms with men. But when it comes to Colombo, especially the chambers, there is a disparity which we have recognized. We have suggested that the Bar should have a committee of females lawyers through which their concerns and grievances can be brought to the table and deliberated to remedy them.
One of the key bottlenecks which discourages female lawyers of the Private Bar is the working schedule. There needs to be more flexibility in working hours and ambitious as it may be, a day care center in Hulftsdorp for their young children is desirable. There is also a strong need to have more leadership positions in the BASL- more women involved in the workings of the BASL at different levels. Female representation in executive committees of the Junior Bar is equally important. It is imperative that female lawyers should be empowered to reach their true potential.
Q) Coming from a journalistic family – your father Harold Pieris being once editor of the Observer and you too having had a stint with the now defunct Sun – what are your thoughts about the present media culture?
A: Lack of balance to see that the other side of the story too is something which I believe is lacking in today’s media culture. There seems to be ‘self-censorship’ among many journalists. In print media there is civil defamation available for the aggrieved party but when it comes to social media content, there is nothing that a victim can do. Some of the hate content is not only partisan but also paid for by certain people, which makes it very unpleasant. This however is the case the world over. While freedom of expression needs to be upheld it is imperative not to exploit the tool.
Q: As the first chairman of the Office of the Missing Persons and also as one time member of the Human Rights Commission, what are your observations about Sri Lanka’s reconciliation process and what needs to be done to achieve real reconciliation?
A: My personal take on this issue is that it is really important to narrow the gap between the communities. The perception of reconciliation is varied in different parts of the country. So unless you really convince people and a majority of people are part of the process, reconciliation is not going to be a reality. If we really want to reconcile we need to bring a majority on board in the process because without that, if a majority sees reconciliation as a bad word, or as something which is very alien, then we are not going to succeed.
Any process of reconciliation should be domestically driven and the institutions which are there for the promotion of reconciliation should also be domestically driven. For that purpose, domestic mechanisms established should be dynamic and allowed to be independent. If people are suspicious about a process, it will not be successful.
Q) We are braving hard times. As the newly appointed BASL Chief, what would be your mandate to contribute to the national effort of fighting the pandemic and making a difference?
A: I think where the Bar is concerned, the contribution will be through the justice system. During the lockdown some of the apex courts were not functional because we were not geared, but today we have seen the Supreme Court making rules relating to that and the Justice Ministry has also been making efforts on digitization. So the Bar should proactively cooperate with the government and courts in making this exercise of fighting the effects of the pandemic a success.
Those in the justice sector including the lawyers and judges should also be on the list of those being vaccinated as they interact with the members of the public. If their safety is not ensured, it directly affects the justice system because we saw the closure of certain courts in the past few weeks and a number of lawyers had to be quarantined. Then there are effects of the pandemic which need to be taken stock of, the loss of income, the number of cases diminishing, the delays of the justice system- all these should be addressed by the Bar as a stakeholder. The Bar will be one stakeholder in this process and we need to fully cooperate with the Ministry of Justice and the judiciary to tackle these issues.
Features
Trump’s Interregnum
Trump is full of surprises; he is both leader and entertainer. Nearly nine hours into a long flight, a journey that had to U-turn over technical issues and embark on a new flight, Trump came straight to the Davos stage and spoke for nearly two hours without a sip of water. What he spoke about in Davos is another issue, but the way he stands and talks is unique in this 79-year-old man who is defining the world for the worse. Now Trump comes up with the Board of Peace, a ticket to membership that demands a one-billion-dollar entrance fee for permanent participation. It works, for how long nobody knows, but as long as Trump is there it might. Look at how many Muslim-majority and wealthy countries accepted: Saudi Arabia, Turkey, Egypt, Jordan, Qatar, Pakistan, Indonesia, and the United Arab Emirates are ready to be on board. Around 25–30 countries reportedly have already expressed the willingness to join.
The most interesting question, and one rarely asked by those who speak about Donald J. Trump, is how much he has earned during the first year of his second term. Liberal Democrats, authoritarian socialists, non-aligned misled-path walkers hail and hate him, but few look at the financial outcome of his politics. His wealth has increased by about three billion dollars, largely due to the crypto economy, which is why he pardoned the founder of Binance, the China-born Changpeng Zhao. “To be rich like hell,” is what Trump wanted. To fault line liberal democracy, Trump is the perfect example. What Trump is doing — dismantling the old façade of liberal democracy at the very moment it can no longer survive — is, in a way, a greater contribution to the West. But I still respect the West, because the West still has a handful of genuine scholars who do not dare to look in the mirror and accept the havoc their leaders created in the name of humanity.
Democracy in the Arab world was dismantled by the West. You may be surprised, but that is the fact. Elizabeth Thompson of American University, in her book How the West Stole Democracy from the Arabs, meticulously details how democracy was stolen from the Arabs. “No ruler, no matter how exalted, stood above the will of the nation,” she quotes Arab constitutional writing, adding that “the people are the source of all authority.” These are not the words of European revolutionaries, nor of post-war liberal philosophers; they were spoken, written and enacted in Syria in 1919–1920 by Arab parliamentarians, Islamic reformers and constitutionalists who believed democracy to be a universal right, not a Western possession. Members of the Syrian Arab Congress in Damascus, the elected assembly that drafted a democratic constitution declaring popular sovereignty — were dissolved by French colonial forces. That was the past; now, with the Board of Peace, the old remnants return in a new form.
Trump got one thing very clear among many others: Western liberal ideology is nothing but sophisticated doublespeak dressed in various forms. They go to West Asia, which they named the Middle East, and bomb Arabs; then they go to Myanmar and other places to protect Muslims from Buddhists. They go to Africa to “contribute” to livelihoods, while generations of people were ripped from their homeland, taken as slaves and sold.
How can Gramsci, whose 135th birth anniversary fell this week on 22 January, help us escape the present social-political quagmire? Gramsci was writing in prison under Mussolini’s fascist regime. He produced a body of work that is neither a manifesto nor a programme, but a theory of power that understands domination not only as coercion but as culture, civil society and the way people perceive their world. In the Prison Notebooks he wrote, “The crisis consists precisely in the fact that the old world is dying and the new cannot be born; in this interregnum a great variety of morbid phenomena appear.” This is not a metaphor. Gramsci was identifying the structural limbo that occurs when foundational certainties collapse but no viable alternative has yet emerged.
The relevance of this insight today cannot be overstated. We are living through overlapping crises: environmental collapse, fragmentation of political consensus, erosion of trust in institutions, the acceleration of automation and algorithmic governance that replaces judgment with calculation, and the rise of leaders who treat geopolitics as purely transactional. Slavoj Žižek, in his column last year, reminded us that the crisis is not temporary. The assumption that history’s forward momentum will automatically yield a better future is a dangerous delusion. Instead, the present is a battlefield where what we thought would be the new may itself contain the seeds of degeneration. Trump’s Board of Peace, with its one-billion-dollar gatekeeping model, embodies this condition: it claims to address global violence yet operates on transactional logic, prioritizing wealth over justice and promising reconstruction without clear mechanisms of accountability or inclusion beyond those with money.
Gramsci’s critique helps us see this for what it is: not a corrective to global disorder, but a reenactment of elite domination under a new mechanism. Gramsci did not believe domination could be maintained by force alone; he argued that in advanced societies power rests on gaining “the consent and the active participation of the great masses,” and that domination is sustained by “the intellectual and moral leadership” that turns the ruling class’s values into common sense. It is not coercion alone that sustains capitalism, but ideological consensus embedded in everyday institutions — family, education, media — that make the existing order appear normal and inevitable. Trump’s Board of Peace plays directly into this mode: styled as a peace-building institution, it gains legitimacy through performance and symbolic endorsement by diverse member states, while the deeper structures of inequality and global power imbalance remain untouched.
Worse, the Board’s structure, with contributions determining permanence, mimics the logic of a marketplace for geopolitical influence. It turns peace into a commodity, something to be purchased rather than fought for through sustained collective action addressing the root causes of conflict. But this is exactly what today’s democracies are doing behind the scenes while preaching rules-based order on the stage. In Gramsci’s terms, this is transformismo — the absorption of dissent into frameworks that neutralize radical content and preserve the status quo under new branding.
If we are to extract a path out of this impasse, we must recognize that the current quagmire is more than political theatre or the result of a flawed leader. It arises from a deeper collapse of hegemonic frameworks that once allowed societies to function with coherence. The old liberal order, with its faith in institutions and incremental reform, has lost its capacity to command loyalty. The new order struggling to be born has not yet articulated a compelling vision that unifies disparate struggles — ecological, economic, racial, cultural — into a coherent project of emancipation rather than fragmentation.
To confront Trump’s phenomenon as a portal — as Žižek suggests, a threshold through which history may either proceed to annihilation or re-emerge in a radically different form — is to grasp Gramsci’s insistence that politics is a struggle for meaning and direction, not merely for offices or policies. A Gramscian approach would not waste energy on denunciation alone; it would engage in building counter-hegemony — alternative institutions, discourses, and practices that lay the groundwork for new popular consent. It would link ecological justice to economic democracy, it would affirm the agency of ordinary people rather than treating them as passive subjects, and it would reject the commodification of peace.
Gramsci’s maxim “pessimism of the intellect, optimism of the will” captures this attitude precisely: clear-eyed recognition of how deep and persistent the crisis is, coupled with an unflinching commitment to action. In an age where AI and algorithmic governance threaten to redefine humanity’s relation to decision-making, where legitimacy is increasingly measured by currency flows rather than human welfare, Gramsci offers not a simple answer but a framework to understand why the old certainties have crumbled and how the new might still be forged through collective effort. The problem is not the lack of theory or insight; it is the absence of a political subject capable of turning analysis into a sustained force for transformation. Without a new form of organized will, the interregnum will continue, and the world will remain trapped between the decay of the old and the absence of the new.
by Nilantha Ilangamuwa ✍️
Features
India, middle powers and the emerging global order
Designed by the victors and led by the US, its institutions — from the United Nations system to Bretton Woods — were shaped to preserve western strategic and economic primacy. Yet despite their self-serving elements, these arrangements helped maintain a degree of global stability, predictability and prosperity for nearly eight decades. That order is now under strain.
This was evident even at Davos, where US President Donald Trump — despite deep differences with most western allies — framed western power and prosperity as the product of a shared and “very special” culture, which he argued must be defended and strengthened. The emphasis on cultural inheritance, rather than shared rules or institutions, underscored how far the language of the old order has shifted.
As China’s rise accelerates and Russia grows more assertive, the US appears increasingly sceptical of the very system it once championed. Convinced that multilateral institutions constrain American freedom of action, and that allies have grown complacent under the security umbrella, Washington has begun to prioritise disruption over adaptation — seeking to reassert supremacy before its relative advantage diminishes further.
What remains unclear is what vision, if any, the US has for a successor order. Beyond a narrowly transactional pursuit of advantage, there is little articulation of a coherent alternative framework capable of delivering stability in a multipolar world.
The emerging great powers have not yet filled this void. India and China, despite their growing global weight and civilisational depth, have largely responded tactically to the erosion of the old order rather than advancing a compelling new one. Much of their diplomacy has focused on navigating uncertainty, rather than shaping the terms of a future settlement. Traditional middle powers — Japan, Germany, Australia, Canada and others — have also tended to react rather than lead. Even legacy great powers such as the United Kingdom and France, though still relevant, appear constrained by alliance dependencies and domestic pressures.
st Asia, countries such as Saudi Arabia and the UAE have begun to pursue more autonomous foreign policies, redefining their regional and global roles. The broader pattern is unmistakable. The international system is drifting toward fragmentation and narrow transactionalism, with diminishing regard for shared norms or institutional restraint.
Recent precedents in global diplomacy suggest a future in which arrangements are episodic and power-driven. Long before Thucydides articulated this logic in western political thought, the Mahabharata warned that in an era of rupture, “the strong devour the weak like fish in water” unless a higher order is maintained. Absent such an order, the result is a world closer to Mad Max than to any sustainable model of global governance.
It is precisely this danger that Canadian Prime Minister Mark Carney alluded to in his speech at Davos on Wednesday. Warning that “if great powers abandon even the pretense of rules and values for the unhindered pursuit of their power and interests, the gains from transactionalism will become harder to replicate,” Carney articulated a concern shared by many middle powers. His remarks underscored a simple truth: Unrestrained power politics ultimately undermine even those who believe they benefit from them.
Carney’s intervention also highlights a larger opportunity. The next phase of the global order is unlikely to be shaped by a single hegemon. Instead, it will require a coalition — particularly of middle powers — that have a shared interest in stability, openness and predictability, and the credibility to engage across ideological and geopolitical divides. For many middle powers, the question now is not whether the old order is fraying, but who has the credibility and reach to help shape what comes next.
This is where India’s role becomes pivotal. India today is no longer merely a balancing power. It is increasingly recognised as a great power in its own right, with strong relations across Europe, the Indo-Pacific, West Asia, Africa and Latin America, and a demonstrated ability to mobilise the Global South. While India’s relationship with Canada has experienced periodic strains, there is now space for recalibration within a broader convergence among middle powers concerned about the direction of the international system.
One available platform is India’s current chairmanship of BRICS — if approached with care. While often viewed through the prism of great-power rivalry, BRICS also brings together diverse emerging and middle powers with a shared interest in reforming, rather than dismantling, global governance. Used judiciously, it could complement existing institutions by helping articulate principles for a more inclusive and functional order.
More broadly, India is uniquely placed to convene an initial core group of like-minded States — middle powers, and possibly some open-minded great powers — to begin a serious conversation about what a new global order should look like. This would not be an exercise in bloc-building or institutional replacement, but an effort to restore legitimacy, balance and purpose to international cooperation. Such an endeavour will require political confidence and the willingness to step into uncharted territory. History suggests that moments of transition reward those prepared to invest early in ideas and institutions, rather than merely adapt to outcomes shaped by others.
The challenge today is not to replicate Bretton Woods or San Francisco, but to reimagine their spirit for a multipolar age — one in which power is diffused, interdependence unavoidable, and legitimacy indispensable. In a world drifting toward fragmentation, India has the credibility, relationships and confidence to help anchor that effort — if it chooses to lead.
(The Hindustan Times)
(Milinda Moragoda is a former Cabinet Minister and diplomat from Sri Lanka and founder of the Pathfinder Foundation, a strategic affairs think tank. this article can read on
https://shorturl.at/HV2Kr and please contact via email@milinda.org)
by Milinda Moragoda ✍️
For many middle powers, the question now is not whether the old order is fraying,
but who has the credibility and reach to help shape what comes next
Features
The Wilwatte (Mirigama) train crash of 1964 as I recall
Back in 1964, I was working as DMO at Mirigama Government Hospital when a major derailment of the Talaimannar/Colombo train occurred at the railway crossing in Wilwatte, near the DMO’s quarters. The first major derailment, according to records, took place in Katukurunda on March 12, 1928, when there was a head-on collision between two fast-moving trains near Katukurunda, resulting in the deaths of 28 people.
Please permit me to provide details concerning the regrettable single train derailment involving the Talaimannar Colombo train, which occurred in October 1964 at the Wilwatte railway crossing in Mirigama.
This is the first time I’m openly sharing what happened on that heartbreaking morning, as I share the story of the doctor who cared for all the victims. The Health Minister, the Health Department, and our community truly valued my efforts.
By that time, I had qualified with the Primary FRCS and gained valuable surgical experience as a registrar at the General Hospital in Colombo. I was hopeful to move to the UK to pursue the final FRCS degree and further training. Sadly, all scholarships were halted by Hon. Felix Dias Bandaranaike, the finance minister in the Bandaranaike government in 1961.
Consequently, I was transferred to Mirigama as the District Medical Officer in 1964. While training as an emerging surgeon without completing the final fellowship in the United Kingdom, I established an operating theatre in one of the hospital’s large rooms. A colleague at the Central Medical Stores in Maradana assisted me in acquiring all necessary equipment for the operating theatre, unofficially. Subsequently, I commenced performing minor surgeries under spinal anaesthesia and local anaesthesia. Fortunately, I was privileged to have a theatre-trained nursing sister and an attendant trainee at the General Hospital in Colombo.
Therefore, I was prepared to respond to any accidental injuries. I possessed a substantial stock of plaster of Paris rolls for treating fractures, and all suture material for cuts.
I was thoroughly prepared for any surgical mishaps, enabling me to manage even the most significant accidental incidents.
On Saturday, October 17, 1964, the day of the train derailment at the railway crossing at Wilwatte, Mirigama, along the Main railway line near Mirigama, my house officer, Janzse, called me at my quarters and said, “Sir, please come promptly; numerous casualties have been admitted to the hospital following the derailment.”
I asked him whether it was an April Fool’s stunt. He said, ” No, Sir, quite seriously.
I promptly proceeded to the hospital and directly accessed the operating theatre, preparing to attend to the casualties.
Meanwhile, I received a call from the site informing me that a girl was trapped on a railway wagon wheel and may require amputation of her limb to mobilise her at the location along the railway line where she was entrapped.
My theatre staff transported the surgical equipment to the site. The girl was still breathing and was in shock. A saline infusion was administered, and under local anaesthesia, I successfully performed the limb amputation and transported her to the hospital with my staff.
On inquiring, she was an apothecary student going to Colombo for the final examination to qualify as an apothecary.
Although records indicate that over forty passengers perished immediately, I recollect that the number was 26.
Over a hundred casualties, and potentially a greater number, necessitate suturing of deep lacerations, stabilisation of fractures, application of plaster, and other associated medical interventions.
No patient was transferred to Colombo for treatment. All casualties received care at this base hospital.
All the daily newspapers and other mass media commended the staff team for their commendable work and the attentive care provided to all casualties, satisfying their needs.
The following morning, the Honourable Minister of Health, Mr M. D. H. Jayawardena, and the Director of Health Services, accompanied by his staff, arrived at the hospital.
I did the rounds with the official team, bed by bed, explaining their injuries to the minister and director.
Casualties expressed their commendation to the hospital staff for the care they received.
The Honourable Minister engaged me privately at the conclusion of the rounds. He stated, “Doctor, you have been instrumental in our success, and the public is exceedingly appreciative, with no criticism. As a token of gratitude, may I inquire how I may assist you in return?”
I got the chance to tell him that I am waiting for a scholarship to proceed to the UK for my Fellowship and further training.
Within one month, the government granted me a scholarship to undertake my fellowship in the United Kingdom, and I subsequently travelled to the UK in 1965.
On the third day following the incident, Mr Don Rampala, the General Manager of Railways, accompanied by his deputy, Mr Raja Gopal, visited the hospital. A conference was held at which Mr Gopal explained and demonstrated the circumstances of the derailment using empty matchboxes.
He explained that an empty wagon was situated amid the passenger compartments. At the curve along the railway line at Wilwatte, the engine driver applied the brakes to decelerate, as Mirigama Railway Station was only a quarter of a mile distant.
The vacant wagon was lifted and transported through the air. All passenger compartments behind the wagon derailed, whereas the engine and the frontcompartments proceeded towards the station without the engine driver noticing the mishap.
After this major accident, I was privileged to be invited by the General Manager of the railways for official functions until I left Mirigama.
The press revealed my identity as the “Wilwatte Hero”.
This document presents my account of the Wilwatte historic train derailment, as I distinctly recall it.
Recalled by Dr Harold Gunatillake to serve the global Sri Lankan community with dedication. ✍️
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