News
NGO to move SC against acquittal and discharge of first accused
Welikada Prison killings
‘The BASL should make its position clear now’
By Shamindra Ferdinando
Chairman of the Committee to Protect the Rights of Prisoners, Attorney-at-Law, Senaka Perera, says his outfit will soon move the Supreme Court against the acquittal and discharging of Inspector Neomal Moses Rangajiva, the first accused in the Welikada Prison killings.
The civil society activist, in a brief interview with The Island, over the weekend, said that the relatives of those who perished in the violence in the Welikada Prison compound on Nov 09 and 10, 2012, had requested him to pursue this matter.
Colombo High Court Trial-at-Bar last Wednesday (12) sentenced to death ex-Welikada Prisons Chief Lamahewage Emil Ranjan over the Welikada killings. He was the second accused in the high-profile case, whereas Rangajiva, at that time attached to the Police Narcotics Bureau (PNB), was acquitted and released from all charges.
Lawyer Perera said that as the verdict had been given by a Trial-at-Bar, the appeal would have to be made to the Supreme Court. The Trial-at-Bar bench comprising High Court judges Gihan Kulathunga (President), Pradeep Hettiarachchi and Manjula Thilakarathna was unanimous in its decisions.
The Trial-at-Bar said that the prosecution failed to prove its case against the PNB officer beyond reasonable doubt.
Responding to questions, Senaka Perera said that if it hadn’t been a Trial-at-Bar, his group would have moved the Court of Appeal. Senaka Perera explained: “We intend to write to Attorney General Sanjay Rajaratnam, PC, in this regard. We are of the view the AG should appeal against the acquittal and discharging of Rangajiva. However, if the AG refrained from doing so, the Committee to Protect the Rights of Prisoners will accept the responsibility.”
In terms of the Trial-at-Bar proceedings, the eight prison inmates who were killed in the incident are Kankanmalage Malinda Nilendra Pelpola alias Malan, Attapattu Sangakkara Nirmala Atapattu, Mohammed Wijaya Rohana alias Gundu, Chinthamani Mohottige Thushara Chandana alias Kalu Thushara, Asarappulige Jothipala alias Ponna Kapila, Harshan Sri Manakeerthi Perera alias Manju Sri, Raigamage Susantha Perera alias Mala Susantha, Devamullage Malith Sameera Perera alias Konda Amila.
However, lawyer Senaka Perera said that altogether 27 inmates had been killed after the deployment of the Special Task Force (STF) and the Army inside the Welikada Prison. According to official records, in addition to 27 deaths, at least 43 other inmates received injuries. The then Prisons Minister Chandrasiri Gajadeera informed Parliament of the deaths of 27 inmates.
The then Police Spokesman SSP Prishantha Jayakoday said that inmates had triggered violence as the STF was looking for drugs and hand phones inside the prison.
The Attorney General filed indictments against IP Rangajeewa, Lamahewage Emil Ranjan and Indika Sampath, an officer attached to the Prisons intelligence unit under 33 counts, including committing murder, conspiring to commit murder after being members of an unlawful assembly.
The Court proceeded in spite of the third accused Indika Sampath who managed to evade the police so far.
The human rights activist recalled how Chief Justice Jayantha Jayasuriya, PC, named a Trial-at-Bar to hear the Welikada case on a request made by Rajaratnam’s predecessor, Dappula de Livera, PC. The latter made the request in late June 2019. Rajaratnam succeeded de Livera in late May 2021.
The Prisons Department and the Justice Ministry couldn’t absolve themselves of the responsibility for ensuring safety and security of those in their care, lawyer Senaka Perera said. Those who had been remanded and sentenced could be serious offenders and some may even deserve a death sentence but the State shouldn’t under any circumstances resort to extra judicial measures, the public litigation activist said.
Lawyer Senaka Perera said that he believed the Bar Association of Sri Lanka (BASL) should examine the Welikada case and make its position known to the public. “Perhaps, the BASL, too, should consider moving the SC against the acquittal and discharging of the first accused,” the lawyer said.
Lawyer Senaka Perera said that before the former AG made an intervention the progress in investigations had been slow. In fact, real progress was made since 2017, two years after the change of government following the 2015 presidential election, the lawyer said, alleging that the powers that be continuously hindered the investigations.
According to lawyer Perera and other sources, there had been four separate investigations at different levels beginning with the one launched by the Criminal Investigations Department (CID) immediately after the Welikada killings. Subsequently the then Prisons Minister the late Chandrasiri Gajadeera named a three-member team to inquire into the Welikada killings. The committee comprising retired High Court judge Bandula Atapattu, retired DIG Gunasena Thenabadu and Prisons Ministry Legal Officer Lalith Andrahannadi produced two reports in Feb 2013 and Nov 2013. There had been two other investigations ordered by the then Prisons Chief P.W. Kodipillai and the Human Rights Commission.
Lawyer Senaka Perera said that the four investigations undertaken during the Rajapaksa administration should be examined. The lawyer emphasized the importance of appraisal of the investigations as the Trial-at-Bar declared that the progress had been made only since 2017.
In addition to those four investigations, there had been another report prepared by the three-member committee comprising retired High Court judge Wimal Nambuwasam, retired Senior DIG Asoka Wijeyatilleke and senior public servant S.K. Liyanage. Appointed on January 22, 2015, less than two weeks after the presidential election, the committee handed over its report to the then Prime Minister Ranil Wickremesinghe and Justice Minister Dr. Wijeyadasa Rajapakse, PC, on June 09, 2015 as the latter appointed it.
Lawyer Perera said that the former Prisons Chief claimed that the inmates after having broken into the Prisons armoury seized weapons, including machine guns.
The activist pointed out that the 2012 incidents were the worst since the 1983 massacre of Tamil terrorist suspects. The public have lost faith in law enforcement authorities and the political leadership regardless of the party that held power, the lawyer said. There couldn’t be better example than how the current dispensation handled the then State Minister for Prisons Lohan Ratwatte’s ‘raids’ on Welikada and Anuradhapura prisons in September last year.
The report prepared by retired High Court judge Kusala Sarojini Weerawardena into the incidents involving Ratwatte should be made public as the police were yet to at least record the State Minister’s statement, lawyer Perera said.
Former Defence Secretary Hemasiri Fernando told court on Thursday that then State Intelligence Service (SIS) Director Nilantha Jayawardena was also aware of intelligence information and had acted to conceal it, while also testifying that he believed former President Maithripala Sirisena had prior knowledge of the Easter Sunday terror attacks.
Fernando made the statement while giving evidence before a Trial-at-Bar in the case filed against him over alleged negligence in failing to prevent the 2019 Easter Sunday suicide bombings.
He said he believed that Sirisena, who at the time also held the posts of Defence Minister and Commander-in-Chief of the Armed Forces, had been aware of intelligence inputs relating to the impending attacks.
The former Defence Secretary further alleged that Jayawardena, then Director of the SIS, was also privy to the information and had acted to suppress it.
Fernando is indicted on charges of criminal dereliction of duty for allegedly failing to act on prior intelligence warnings ahead of the coordinated attacks.
Defending his position in court, he maintained that responsibility for the failure lay elsewhere.
“The President, who was the Defence Minister and head of the armed forces, had left the country. As the most senior official, I have been dragged into this case. If the information I presented had been properly examined, this case would not have been filed against me. Those responsible are still at large,” he told court.
The National Child Protection Authority has warned that corporal punishment continues to cause serious harm to children, revealing that it receives between 2,000 and 2,500 complaints of physical violence against children each year — averaging between five and seven complaints a day.
Issuing a statement to mark the International Day to End Corporal Punishment on April 30, the NCPA said both short-term and long-term physical and psychological punishment could severely affect a child’s personality development and emotional wellbeing.
NCPA Chairperson Preethi Inoka Ranasinghe said research had consistently demonstrated the damaging effects of corporal punishment used in disciplining children.
“For decades, parents, elders and teachers have used various forms of physical punishment to discipline children, making it a socially and culturally accepted practice both at home and in schools,” she said.
The Authority stressed that corporal punishment constitutes physical abuse and should not be used under any circumstances.
According to the NCPA, complaints relating to physical violence remain the second highest category of complaints received annually by the institution, with between 2,000 and 2,500 incidents reported each year.
Based on those figures, the Authority receives approximately 5.5 to 6.8 complaints of child physical violence every day.
The NCPA further noted that under Article 19 of the United Nations Convention on the Rights of the Child, children are entitled to protection from all forms of abuse and neglect, an obligation binding on Sri Lanka since 1990.
The Authority also pointed to Article 11 of the 1978 Constitution, which guarantees freedom from cruel, inhuman or degrading treatment, as well as provisions under Section 308(A) of the Penal Code and Education Ministry circulars prohibiting physical and psychological punishment in schools.
The NCPA urged parents, teachers and caregivers to adopt non-violent disciplinary methods and to prioritise the safety and mental wellbeing of children.
President Anura Kumara Dissanayake said that all individuals accused of fraud, corruption and other offences will be brought before the law in the coming weeks, as investigations are being intensified under the NPP administration.
Addressing the Nuwara Eliya District May Day rally on Friday, the President said the government had already strengthened key investigative institutions, including the Criminal Investigation Department and the Bribery Commission, to expedite ongoing probes.
He said a large number of cases involving alleged wrongdoing were now progressing through the legal system, with ten cases scheduled to be taken up in court during May and one case already ordered for a verdict within the month following a directive issued on April 30.
President Dissanayake stressed that the government was acting on a public mandate to ensure accountability, warning that law enforcement action would continue in the months ahead.
He said the administration had taken steps to reverse what he described as a culture of privilege enjoyed by former rulers, while focusing instead on public welfare and governance reform.
“We are making decisions for the people and ensuring that privileges of the ruling class are reduced,” he said, adding that previous governments had worked to expand their own benefits while placing burdens on citizens.
The President claimed that the NPP government had secured the trust of people across all regions, describing it as a “people’s administration” committed to working-class interests.
He also outlined the government’s broader policy direction, including ensuring stable incomes, improved education, housing, the rule of law and national unity.
Warning of further legal action, he said a significant number of individuals accused of corruption would face imprisonment in 2026, adding that no one would be above the law regardless of position or family background.
“We do not distinguish between Presidents, Prime Ministers or their families. The law will apply equally to all offenders,” he said.
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