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Midweek Review

Thico ‘investments’, money laundering and related matters

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Violence cannot be justified, under any circumstances. Therefore, the practice of referring to the JVP bids to topple the governments of the late Mrs. Sirimavo Bandaranaike (April 1971) and JRJ and Ranasinghe Premadasa (1987-1990) as southern insurrections should be stopped. The armed forces and police defeated the JVP and LTTE terrorism. Several other Tamil terrorist groups gave up violence in 1989/1990.

Today, some groups are represented in Parliament. The author of ‘Terrorism & the Criminal Law of Sri Lanka’, Attorney-at-law Asela Seresinghe, who researched at the University of Sydney, under the Australia Awards Scholarship Programme for LL.M, dealt with relevant and related issues. Accountability issues cannot be discussed without taking into consideration the immense sacrifices made by the armed forces and police to ensure the continuation of democratic way of life and the utterly reckless and irresponsible conduct of the corrupt political party setup that has brought the country to its knees. Continuation of Sri Lanka’s pathetic performance, at the Geneva based United Nations Human Rights Council (UNHRC), where the country is under heavy pressure to rescind the Prevention of Terrorism Act (PTA), reminds the public of the recurrent failures on the Geneva front, especially in light of the fact the USA and the UK have much more draconian laws in place to tackle the problem of terrorism.

By Shamindra Ferdinando

The recent high profile arrest of Thilini Priyamali, over the misappropriation of massive amounts of money, underscored the need for a no holds barred investigation into her nefarious activities, as well as those of her ‘investors,’ and her employees. But, it wouldn’t be fair to tar all with the same brush.

In spite of quite an extensive coverage of the case, with the focus on Priyamali’s clandestine transactions, and that of her ‘husband’ Isuru Bandara, several contentious issues remains to be properly addressed and investigated.

However, Sri Lanka’s record in investigating high profile cases is pathetic. As examples, we can site quite a few: corruption charges pertaining to the multi-billion dollar aircraft purchase, involving the national carrier SriLankan Airlines, and the Europe-based Airbus consortium, black money stashed abroad, exposed by Panama Papers, Pandora Papers, and 99 percent of revelations about waste, corruption, irregularities, and mismanagement made by parliamentary watchdog committees, have not been pursued to a proper conclusion by those responsible for doing so.

Perhaps, one of the major concerns is whether Priyamali, and those who invested money through what was advertised as a well-diversified duly registered Thico Group of Companies, were involved in money laundering. For a woman, from an ordinary low income family, in Kalutara, with an education only up to eighth grade, there has to be something more to this whole scam.

Priyamali’s enterprise, that claimed to have been established in a range of industries, including construction, entertainment, gem and jewellery, real estate and trading, operated from the 34th floor of the World Trade Centre, situated within walking distance of the Central Bank, and, virtually, under its nose. What is the Bank’s supposed top intelligence unit doing? The couple even exploited the current economic crisis to seek short term foreign currency investments, on the pretext of procuring the much needed crude oil.

It would be pertinent to ask whether the Central Bank has initiated an inquiry into the Thico affair or looked into the lapses on its part. The Central Bank has repeatedly failed to effectively intervene to stop scams operated by various influential groups who preyed on both the corrupt and the naive. Prima facie Thilini Priyamali’s operation seems no exception but a basic much repeated scam, but on steroids.

The One Transworks Square (Pvt.) Ltd. Chief Executive Officer and Director, Janaki Siriwardana, has been accused of facilitating Priyamali’s operation. In the wake of the CID taking Isuru Bandara into custody, on Monday, now the focus is on Siriwardhana. Former Governor Azath Sally is on record as having said that Janaki Siriwardhana, who introduced him to Priyamali at the former’s office, was involved in the alleged scam. Sally said that altogether he and his associates handed over Rs 226 mn to the Priyamali-Siriwardhana duo. The former UNPer questioned the right of the public to ask how they got so much money, according to an interview he gave to Hiru.

Money laundering is meant to disguise criminal proceeds, particularly their illegal origin. One of the primary objectives of money laundering, under whatever circumstances, is to conceal ill-gotten wealth.

Kamal Hassen’s disclosure

The Trico Group controversy should be vigorously examined, taking into consideration the extremely serious accusations and allegations made by prominent businessman Kamal Hassen, the first to seek the intervention of law enforcement authorities. Having lodged a complaint with the Criminal Investigation Department (CID), several weeks ago, with the help of Senior DIG Deshabandu Tennakoon, the senior officer in charge of the Colombo Range. Utterly frustrated with the system in place, Hassen discussed how Thilini Priyamali and Isuru Bandara swindled him of AUD 100,000, USD 60,000 and 136.75 gold sovereigns. Hassen’s exclusive interview with Chamuditha Samarawickrema (Truth with Chamuditha) should certainly help the CID to ascertain the truth.

Hassen accused the Officer-in-Charge of the Fort police station of interfering in his case, on behalf of the suspect.

The intrepid businessman also questioned how the Thico Group proprietor obtained approval for her bodyguards to carry automatic weapons, in a high security zone. Clearance has been received during the previous administration (before the change of the government in July this year).

Responding to Samarawickrema, Hassen revealed that he was inquiring into the alleged involvement of a well-known person whose identity he declined to reveal. Pressed for an answer, Hassen identified the culprit as a man. At one point, Hassen disclosed how Thilini Priyamali received a call from former first lady Shiranthi Rajapaksa, in response to a call she made two minutes before. Hassen alleged that it was all part of the fraudster’s strategy to unnerve those who had been targeted.

When the writer requested Hassen to clarify some of his accusations therein, the businessman stressed that lawyers, appearing for the fraudster recently, tried to convince him, at the Fort Magistrate Court, where the case is heard, to settle it out of Court.

Hassen repeated what he told Samarawickrema that he was offered Rs 10 mn as the initial payment to drop the case. “The culprits have a right to retain lawyers of their choice. There is no dispute over that. Lawyers, too, cannot be faulted for accepting cases. That is their undisputed right.” Hassen said.

He said that he rejected the disgraceful proposal made by a lawyer, on behalf of the accused, as he wanted to pursue the case. In spite of the interviewer pressing Hassen to name the lawyers, he declined to do so.

However, according to Hassen, the alleged fraudster was represented by two President’s Counsels and four other lawyers. Hassen insisted that he talked to the lawyer who made, what he called, an indecent proposal.

Thilini Priyamali is expected to be produced in the Fort Magistrate Court today (19) from remand. The Bar Association of Sri Lanka (BASL) can inquire into this. But, as always the BASL would conveniently say it wouldn’t do so unless the outfit received a complaint. (The writer received that response when an explanation was sought regarding the high profile Aeroflot case in which the conduct of Attorney-at-Law Aruna de Silva received the attention of the Justice Ministry. The lawyer represented the plaintiff the Ireland-based Celestial Aviation Trading Company Ltd., with Avindra Rodrigo, PC, (litigation) of FJ & G.de Saram, leading law firm from colonial times. The Justice Ministry found fault with lawyer De Silva for accompanying a fiscal officer of the Commercial High Court of the Western Province to deliver a court ruling given by High Court Judge S. M. H. S.P. Sethunge in next to no time on 02 June. The government owes an explanation.

Perhaps the Justice Ministry should explain the current status of that particular investigation in the wake of the Office of Chief Justice Jayantha Jayasuriya, PC, being informed of the issue at hand.

Terrorism & Criminal Law

Attorney-at-Law Asela Seresinhe

Attorney-at-Law Asela Seresinhe couldn’t have launched ‘Terrorism & the Criminal Law of Sri Lanka’ at a better time. Seresinhe dealt with a range of issues, including money laundering (Prevention of Money Laundering Act No 05 of 2006/page 112). Would the Thico Group of Companies be subjected to a comprehensive inquiry? Only time will tell.

Former Attorney General, Palitha Fernando, PC (2012-2014) in his foreword, recommended Seresinhe’s work for students of international law, the academics as well as the general public, including politicians.

Fernando suggested that ‘Terrorism & The Criminal Law of Sri Lanka’ be translated for the benefit of Sinhala and Tamil speaking people.

Former AG Fernando recollected the time Asela and his wife, Maheshika, served as young officers at the Attorney General’s Department at the time he served as the AG. During his tenure as the AG, at the behest of the then President Mahinda Rajapaksa, Parliament impeached Shirani Bandaranayake, the 43rd Chief Justice. She was removed in January 2013. Seresinhe served as a State Counsel in the Criminal Division of the AG’s Department (2007-2017).

Draconian anti-terrorist laws

Seresinhe has quite rightly acknowledged that in the absence of awareness and understanding, a section of the public distrusted anti-terrorism laws (Prevention of Terrorism Act), the Public Security Ordinance and Emergency Regulations. The operation of the criminal justice system, too, is a matter of concern, author Asela Seresinhe has said, while profusely appreciating the contribution made by his father-in-law Anil Silva, PC, in overall enhancement of his legal knowledge.

Seresinhe has examined the issues at hand against the backdrop of the enactment of the PTA (Temporary Provisions) (Amendment) Act No 12 of 2022 in March this year before violent public protests erupted against the then President Gotabaya Rajapaksa. Having acknowledged the absence of universally acceptable Convention relating to terrorism, the author discussed a wide range of issues and related matters taking into consideration both domestic and international developments/situations as well.

The author mentioned 19 specific international instruments, relating to terrorism (Sri Lanka is a party to 11,out of 19). Seresinhe also made reference to the ‘SAARC Regional Convention on Suppression of Terrorism’ finalised in Kathmandu, Nepal, on Nov 04, 1987, meant to battle domestic and regional terrorism, as well as Law of Armed Conflict/International Humanitarian Law. It would have been better if the author briefly discussed the Indian destabiliation project that was meant to pave the way for the deployment of the Indian Army in Sri Lanka. By the time SAARC finalized the anti-terrorism law, the Indian Army was deployed in the Northern and Eastern regions, in Sri Lanka, in terms of the Indo-Lanka accord, forced on the then JRJ government. Actually, successive governments had pathetically failed to address accountability issues, raised by the Geneva-based United Nations Human Rights Council (UNHRC), in respect of Sri Lanka’s response to separatist Tamil terrorism. The UNHRC has focused on the fourth phase of the war (2006-2009), while turning a blind eye to the Indian destabilization project, in the run up to the deployment of the Indian Army here (July 1987-March 1990) and atrocities committed by the Indian Army. India never acknowledged the grave violations committed by its Army.

Actually, Sri Lanka never dared, at least, to refer to the status of the Indian Army deployment here. Geneva, too, conveniently ignored the contentious issue. The undeniable truth is that the Indian Army hadn’t been really subjected to Sri Lanka’s domestic laws, nor the Indian sponsorship of terrorism here ever probed. But, India, now a close ally of the US, vis-à-vis China, served as a member of the UNHRC. India abstained at the vote, on the latest resolution, moved in Geneva, against the war-winning Sri Lanka that pulled off an incredible victory despite all odds stacked against her, especially by the West. Altogether 20 countries abstained. Twenty countries voted for, whereas seven voted against.

The UNHRC is seriously concerned about the PTA. Geneva wants the law abolished. President Ranil Wickremesinghe’s government is under heavy pressure, by Western powers, to do away with the PTA with a section of the Opposition, too, finding fault with the Wickremesinghe-Rajapaksa government for using the PTA to suppress those still protesting against the government. Sri Lanka’s anti-terrorism law has become a huge issue, with those represented in Parliament sharply divided over the incumbent government’s response. But it is a fact that some key Aragalaya activists, while claiming to be peaceful protesters, when the opportunity arose they put into operation their sinister plans, as on May 09 when they looted and torched properties of government politicians, right across the country. Likewise, they stormed the PM’s office and even chased the President out of the country, and also torched the private residence of Mr. Wickremesinghe, by taking the law into their own hands. Luckily for the country, President Wickremesinghe took timely counter measures, after taking office, and, thereby, prevented the overrunning of Parliament, as well, in nick of time.

Whatever various interested parties, especially foreign funded NGOs propagated, all countries are vulnerable and should be prepared to face any eventuality. Some of those who advise Sri Lanka on accountability issues are the worst violators of international laws. The US-UK led invasion of Iraq on ‘sexed up’ intelligence reports on the growing threat posed by Saddam Hussein’s Weapons of Mass Destruction (WMDs), or other Western interventions, as in Libya and Syria, never received genuine attention of the UNHRC. That is the reality. Ruination of Iraq is just one example of the murderous Western strategies meant to annihilate those who didn’t fall in line with their agenda.

UK example

Lawyer Seresinhe asserted that Sri Lanka’s PTA (Prevention of Terrorism Act (Temporary Provisions) Act No 48 of 1979 that had been influenced by the UK legislation, introduced in 1974, to face the challenge posed by IRA terrorism. The lawyer underscored the need for substantial changes to the PTA in view of the continuing threats. The National Thowheed Jamaat (NTJ) mounted the 2019 Easter Sunday attacks at a time the Sirisena-Wickremesinghe administration was busy planning to replace the PTA with new anti-terrorism law. The yahapalana lot pushed for the enactment of the new law, citing the Easter Sunday carnage which could have been thwarted if the government acted on specific intelligence received from the government of India. Obviously, the then President Maithripala Sirisena, and the top UNP leadership, were too preoccupied in fighting an internecine war of their own in the yahapalana government, and its bureaucracy, by their dithering, facilitated the NTJ terror project, by sitting on high value intelligence provided by New Delhi.

The author faulted the political party system for undermining what he called ‘truth seeking’ process. This comment has been made as regards the assassination of one-time National Security Minister Lalith Athulathmudali, in April 1993, and the contradictory positions taken by the police, backed by Scotland Yard, and a Commission appointed, in 1995, by the then President Chandrika Bandaranaike Kumaratunga, in terms of the Special Presidential Commission of Inquiry Law No 07 of 1978. It would have been better if the author, at least, briefly discussed the assassination, widely believed to be one of the most controversial political killings.

The police pointed the finger at the Liberation Tigers of Tamil Eelam (LTTE), primarily on the basis of the recovery of the body of Appiah Balakrishnan alias Ragunathan, an undercover LTTE operative. The body was found on the following day on Mugalan Road, at Kirulapone. Both the Sri Lanka police and Scotland Yard asserted that Ragunathan, having been shot by an Army deserter (Tilak Shantha), employed by Lalith Athulathmudali, in spite of injuries suffered, scaled over the nearby wall and ended up on Mugalan Road.

The bullet fired by Tilak Shantha was found on Ragunathan’s body. Having ridiculed and dismissed the Scotland Yard report, the Presidential Commission held that the late Sirisena Cooray and the late Ranasinghe Premadasa ordered the assassination.

‘Terrorism & the Criminal Law of Sri Lanka’ is a must read for those interested in contemporary security issues, including law students, general public, including politicians as suggested by Palitha Fernando, PC.

Against the backdrop of the US, the UK and India exerting pressure on Sri Lanka over accountability issues, the US imposition of travel ban on Chief of Defence Staff (CDS) General Shavendra Silva and his family, in Feb 2020, and the UK considering action against one-time commander of the celebrated Task Force 1/58 Division, the Chapter 8 that dealt with anti-terrorism laws, in the UK, India and the US, is perhaps one of the most interesting sections.



Midweek Review

A ‘partnership’ like no other!

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Indian Defence Minister Rajnath Singh at the Indian Army memorial

Against the backdrop of the economic crisis that erupted in 2021/2022 Sri Lanka’s dependence on Indian economic and military support is growing. INS Udayagiri, Indian Navy’s indigenously built multi-role stealth frigate, that arrived at Colombo Port hours before Indian Defence Minister Rajnath Singh arrived here, brought essential machinery/equipment spares for Sri Lanka Navy and Sri Lanka Air Force. INS Udayagiri departed on 11 September, less than 24 hours after Singh concluded his three-day visit. The list of Indian support is long. In June this year, India swiftly transferred military stores worth USD 5.5 million to Sri Lanka Army on gratis basis from its operational stocks. India stepped in when Sri Lanka appealed for assistance to deploy over 1,000-member military contingent in Haiti under the UN command to help maintain order in that violence ridden country.

By Shamindra Ferdinando

Parliament on 9 Sept. passed the Chief of Defence Staff (Repeal) Bill, over one and half years after the last Chief of Defence Staff (CDS) General Shavendra Silva retired.

The wartime General Officer Commanding (GoC) of the celebrated 58 Division (former Task Force 1) bid farewell to the Sri Lanka Army (SLA) on 1 January, 2025, following some record breaking achievements, leading his troops from the front in the final phase of the war to eradicate the Tiger terrorists.

Following the debate on the second reading of the Bill, on 9 Sept., the Bill was passed without a division. It clearly indicated that the Samagi Jana Balawegaya (SJB)-led Opposition wasn’t at least interested in making an obvious issue out of it. The Bill has been introduced to repeal the Chief of Defence Staff Act, No. 35 of 2009, enacted in 2009, to carry out functions, including the coordination of activities among the Armed Forces and the Ministry of Defence.

Pointing out that the relevant Bill had been enacted after the conclusion of the war, the National People’s Power (NPP) government declared in Parliament that the abolition of the Office of the CDS wouldn’t harm national security. The NPP emphasised that the Mahinda Rajapaksa administration created that post to accommodate war-winning Army Commander Lt. Gen. Sarath Fonseka after he firmly turned down the offer to accept a non-military post as Secretary to the Sports Ministry.

Amidst rapidly deepening turmoil within the government, Fonseka received the appointment as the first CDS on 15 July, 2009, in terms of the newly enacted Act. It would be pertinent to mention that the government had no option but to placate Fonseka by establishing the Office of CDS through a parliamentary Act to ensure the change of command take place, as planned.

The writer was among those assigned to cover Fonseka receiving the appointment as CDS and Maj. Gen. Jagath Jayasuriya taking over the command of the war-winning Army from Fonseka. This was against a background of Fonseka wanting Chief of Staff Maj. Gen. G.A. Chandrasiri succeeded him. Instead, the Rajapaksas brought in Maj. Gen. Jagath Jayasuriya as Fonseka’s successor. Chandrasiri was made to retire and those who had been senior to Jayasuriya sidelined as the government tightened its grip on the Army. Therefore, the creation of the Office of the CDS to accommodate Fonseka should be considered in the appropriate context.

But, Fonseka quit the CDS post in November 2009 after reaching a consensus with the UNP-JVP combine to contest the presidential election. Air Chief Marshal Roshan Goonetileke succeeded Fonseka as CDS, on 16 November, 2009, while continuing his duties as the Commander of the Air Force.

The NPP, at the inception of its administration, quite clearly wanted to abolish the post of CDS. Silva, who received the appointment as Acting CDS, on 1 January, 2020, while serving as the Commander of the Army, relinquished the substantive post on 1 June, 2022. That happened in the wake of the 9 May countrywide systematic violence unleashed by those spearheading the high profile project to oust President Gotabaya Rajapaksa after the increasingly humiliated SLPP by the siege laid by Aragalaya activists on important government institution with a foreign dictated agenda, ordered a goon attack on those Galle Face protesters.

Retired Maj. Gen. K.B. Egodawele, former Minister Wimal Weerawansa, foreign affairs commentator Asanga Abeyagoonasekera and Prof. Sunanda Maddumabandara, who authored books on the 2022 regime change project, all pointed to external hands in the mayhem. Abeyagoonasekera went to the extent of alleging direct Central Intelligence Agency (CIA) role in the operation, while Prof. Maddumabandara named then Indian High Commissioner Gopal Baglay as the one who asked Speaker Mahinda Yapa Abeywardena to take over the presidency, along with the backing of the likes of Omalpe Sobitha thera. That brought an end to the repeated attacks on US Ambassador Julie Chung over an alleged meeting with Abeywadena on the eve of President Rajapaksa being forced to flee the country.

India never challenged Prof. Maddumabandara’s declaration, widely believed to be based on revelation made by Abeywardena.

A significant visit

Indian Defence Minister Rajnath Singh’s historic three-day official visit to Colombo coincided with the House passing the Chief of Defence Staff (Repeal) Bill. What a coincidence it was!

A rapidly deepening partnership spanning defence, economic aid, and regional connectivity under India’s Neighbourhood First policy dominates bilateral relations.

Singh, a senior member of the ruling Bharatiya Janatha Party (BJP), laid a wreath at the Indian Army memorial, in Pelawatte, Sri Jayewardenepura, on 9 September, on the second day of his visit, as the Parliament announced the repealing of the Bill. The memorial is a stark reminder of a despicable Indian destabilisation project directed at smaller, economically weak Sri Lanka in the 80s.

Singh, who is on his second term as Defence Minister, would go down in history as the first Indian Defence Minister to pay respect at the memorial built in memory of Indian Army officers and men killed in Sri Lanka. Having established a large scale terrorist project in Sri Lanka, the Congress government destabilised Sri Lanka to facilitate signing of the so-called Indo-Lanka Peace Accord after the arm twisting by its infamous ‘parippu’ drop over Jaffna, humiliating and bringing to its knees the then ‘all-powerful’ JRJ government when its powerful friends in the West turned their backs on their perennial vasal here, dubbed the ‘20th Century Fox’. The deployment of the Indian Army followed, beginning 29 July, 1987, on a mission to ostensibly disarm terrorist groups, including the Liberation Tigers of Tamil Eelam (LTTE).

The then Indian Defence Minister K.C. Pant visited Colombo on May 30-June 1, 1988, in the run-up to the presidential election at the time the Indian Army was engaged in operations against the LTTE. India never sent another defence minister here even after Sri Lanka built a memorial near Battaramulla, in August 2008. It had been put up on a recommendation by the late Gen. Lionel Balagalle, Commander of the Army and CDS following an official visit to New Delhi in Dec., 2003.

Indian High Commissioner Ashok Kantha was the first top Indian government representative to pay floral tribute at the memorial on 15 August, 2010, over a year after Sri Lanka brought the once Indian sponsored war to a successful conclusion.

There is another Indian Army memorial in Palaly, Jaffna, built by the Indian Army in memory of 33 officers and men killed in a disastrous heli-borne assault on the LTTE, based in the Jaffna University. That assault took place on 12 Oct., 1987, at the onset of Indian operations. However, among the Indian dead inscribed on the memorial was Lieutenant Colonel Arun Kumar Chhabra who served the 10 Para (SF), elite battalion of the Parachute Regiment involved in the Jaffna University assault. Chhabra died on 14 Oct., 1989, during a gun battle with the LTTE.

The point is whatever various interested parties say today about the Indian intervention here, the truth is Premier Indira Gandhi destabilised this country in line with her strategy meant to address separatist sentiments in Tamil Nadu. India cannot absolve itself of the responsibility for the massive death and destruction caused not only in Sri Lanka but also the assassination of former Prime Minister Rajiv Gandhi who advanced his slain mother’s strategy by deploying the Indian Army here.

Indian trained terrorists, the People’s Liberation Organisation of Tamil Eelam (PLOTE), almost succeeded in overthrowing Maldivian President Maumoon Abdul Gayoom in Nov., 1988. Two boat loads of PLOTE terrorists passed under the nose of the Indian Navy, at that time responsible for controlling all movements within Sri Lanka territorial waters, to reach the Maldives. The Indian intervention in the Maldives to save the Gayoom’s administration was hailed as a spectacular Indian military operation. No one found fault with India for sponsoring PLOTE. In fact, the PLOTE, widely believed to have been disarmed by the Indian Army in line with the Indo-Lanka peace accord signed under duress, retained weapons to mount the operation. That proved the much publicised project to disarm terrorist groups, including the LTTE and PLOTE, was more a farce than anything else.

The top BJPer’s, who recently concluded his visit to Colombo, emphasised the nearly four decades long absence of an Indian Defence Minister paying respects at the Jayewardenepura monument. Interested parties have sought to depict the monument as a testament to India sacrificing life to protect Sri Lanka. But, the truth is the monument reminds the world of a politically motivated terror project that ruined Sri Lanka, caused deaths of at least 1,200 Indian military personnel, and paved the way for a coup attempt in the Maldives. Names of 1169 Indians, including 55 officers, are inscribed therein. The catastrophic Indian project also led to the invention of suicide attacks (human bombs), a tactic now practiced in different parts of the world. India experienced the horrors of suicide bombing when a Sri Lanka woman blew up Rajiv Gandhi at Sriperumbudur, Tamil Nadu, on 21 May, 1991, over a year after India pulled out its Army from Sri Lanka.

Two Battaramulla memorials

Sri Lanka and Indian media reported Defence Minister Singh’s visit to the Indian Army memorial at Battaramulla. Unfortunately, print, electronic and social media failed to mention that the National War Memorial, with names of nearly 29,000 officers and men, who paid the supreme sacrifice, inscribed, is situated a walking distance from the Indian Army memorial. Perhaps the Indian Defence Minister should have laid a wreath at the National War Memorial, a gesture that may have somewhat atoned for an utterly irresponsible and reckless political decision.

The two memorials situated just 1.1 kms apart underscore the horrors of conflict engineered and sustained by regional power that almost destroyed Sri Lanka. Sri Lanka was trapped in separatist terrorism and a simultaneous insurgency in the South that ripped the country apart.

Sri Lanka transformed its ceremonial armed forces to a worthy fighting formation over the years. The Office of the CDS had been in place throughout the war though it was not constituted by a specific law (Chief of Defence Staff Act, No. 35 of 2009).

As the armed forces expanded, the country needed a headquarters for better coordination among the armed forces and police. The Joint Operations Command (JOC) was established in 1985. In 1999, during the tenure of President Chandrika Bandaranaike Kumaratunga, the JOC was replaced by Joint Operations Bureau (JOB), a civilian led set up that failed miserably to meet the challenging task. In the same year, Kumaratunga, in her capacity as the Defence Minister, did away with the JOB and established Joint Operations Headquarters.

Kumaratunga created the Office of CDS in 2000 ahead of major northern battles. That functioned till the end of the war in May, 2009, and no one ever thought of enacting a specific Bill to constitute the Office of CDS. The NPP told Parliament, on 9 September, that a staggering Rs 8.7 bn had been spent on the Office of CDS, since 2009.

Multi-role stealth frigate INS Udayagiri at the Colombo port. The ship
visit coincided with Singh’s 3-day tour

The Indian political establishment largely ignored the humiliating loss of lives suffered during the mission in Sri Lanka. They conveniently forgot the disastrous intervention though the High Commissioner here visited the Battaramulla memorial in 2010. However, Modi, having captured power at the 2014 general election, initiated his own strategy. He first visited the Battaramulla memorial, in March, 2015, less than a year after becoming the Premier. He again visited the memorial in April, 2025, when he visited Colombo to sign seven Memorandum of Understanding (MoUs), including one on defence.

Having backed Gotabaya Rajapaksa’s ouster in 2022, Modi (Rajnath Singh served as the Defence Minister during the US-Indian operation in Colombo) endorsed the candidature of Anura Kumara Dissanayake, in February, 2024, by extending an official invitation to the leader of the NPP, as well as the JVP. Dissanayake was given the opportunity to meet External Affairs Minister S. Jaishankar and National Security Advisor Ajit Doval. The message from New Delhi was loud and clear. Although Al Jazeera described the Indian move as an unlikely invitation, those who have carefully analyzed New Delhi’s actions here may realise the importance of the unexpected rescue of Somawansa Amarasinghe, in the early 90s, as the UNP government was about to capture him. Had Amarasinghe ended up in the custody of the military, the same fate that befell other party seniors, including Rohana Wijeweera, too, would have been his.

The UNP showed no mercy at all to the JVPers. Amarasinghe escaped with Indian help in February, 1990, three months after the Army executed Wijeweera. Although some speculated about a possible Indian role in saving Amarasinghe, no one could prove it. Then, unexpectedly, Amarasinghe himself, at a rally held in Kalutara, in late 2001, disclosed how India saved his life. The revelation was made at the first rally he addressed after returning home, following a 12-year exile.

Dissanayake received a second invitation from New Delhi after his historic unlikely victory achieved, thanks to outside machinations, mainly by the West ,in the run up to the Sept. 2024 presidential election. Modi announced their consensus on entering into MoU on defence at the conclusion of Dissanayake’s Dec. 2024 visit, though the joint statement didn’t say so. India swiftly moved to finalise the Defence MoU along with six other MoUs in the first week of April 2025 when Modi visited Colombo.

By then even the JVP/NPP had forgotten that the JVP waged insurgency against the UNP over the signing of the Indo-Lanka Accord. The emergence of the NPP as the undisputed political power in Colombo has facilitated the Indian strategy here. It also facilitated US strategy, as well as joint US-Indian scheme, the future of it now very much in doubt, especially with erratic actions of President Trump.

Immediately after Modi concluded his April 2025 visit, the Colombo West International Terminal (CWIT), Sri Lanka’s first fully automated container terminal with an $800 million investment, officially commenced operations. The project that offered a significant boost to the maritime economy marked a major milestone in India–Sri Lanka infrastructure collaboration.

By then, India has secured the controlling interests of the Colombo Dockyard Limited (CDL), a move facilitated by Japan. Although the announcement regarding Japan’s Onomichi Dockyard parting with its 51% of shares to India’s state-owned Mazagon Dock Shipbuilders Limited, supplier of warships to India et al. It was India’s first-ever acquisition of a foreign shipyard.

India never had such a hold on Sri Lanka during the war of post-conflict period. In fact, the current Indo-Lanka partnership or whatever you choose to call it seemed to be fait accompli.

The way forward

‘Yankie Dicky’s’ (JRJ was known as Yankie Dicky because of his ardent pro-American stands) nephew Ranil Wickremesinghe, in his capacity as President and Defence Minister, declared a moratorium on foreign scientific research vessels during 2024. Wickremesinghe, struggling to cope up with economic difficulties amidst being at the mercy of US and India, announced the moratorium on such ship visits. It was meant to deprive Sri Lanka of the opportunity to receive Chinese vessels. Wickremesinghe’s announcement came in the wake of US backed Indian protests over Chinese vessels Yuan Wang 5 and Shi Yan 6 vessels visiting Sri Lanka. But, Wickremesinghe’s moratorium still remains in force as the incumbent government shied away from making its position known to the public. China, having acquired the strategically situated Hambantota Port and Colombo International Container Terminals (CICT), South Asia’s premier deep water terminal, Beijing consolidated its position here. Perhaps many people do not remember that the Colombo Terminal project was awarded to a consortium involving China, in Sept, 2010, then a joint venture established under a 35-year Build–Operate and Transfer (BOT) project in 2011 and the facility inaugurated in August 2013 though construction continued till April 2014.

The Hambantota Port was acquired in 2017 during the Yahapalana government, in the wake of the Colombo Port City controversy. In spite of issues, China has established control over Colombo Port City, CICTT, as well as the Hambantota Port.

Sri Lanka may overtly take a stand that may see us as bei pro-India but at the end of the day whoever wielded political power as well as those in the Opposition wouldn’t be able to disregard Chinese interests. President Gotabaya Rajapaksa realised his folly when he declared intention to renegotiate the Hambantota Port deal. China simply dismissed the President’s proposal. The President was compelled to issue a clarification at his own expense.

The recent statement attributed by the Defence Ministry to Defence Secretary AVM (retd) Sampah Thyuyakontha regarding Sri Lanka’s readiness to seek NATO assistance drew a sharp response from General Secretary of the Communist Party of Sri Lanka Dr. G. Weerasinghe. Thuyakontha made the statement during a recent visit to Canada where he represented the government at the 28th Annual Indo-Pacific Chiefs of Defence (CHOD) Conference, held in Victoria, Canada, from 31 August to 2 September 2026.

There hadn’t been a previous instance of Sri Lanka seeking NATO assistance. The CP Chief questioned Sri Lanka’s unexpected declaration while examining post-2024 presidential polls developments. It would be pertinent to mention that it was Mahinda Rajapaksa who first entered into ACSA (Acquisition and Cross-Servicing Agreement) in March, 2007. The CP, without hesitation, criticised President Rajapaksa’s action. President Sirisena extended that agreement in 2017 though he pretended he didn’t approve it. Since the change of government in 2024, the NPP has enhanced defence relations with the US and the next year’s extension of ACSA is a foregone conclusion. Sri Lanka is set to go ahead with US-India strategies though China remains a factor that cannot be ignored, under any circumstances.

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Midweek Review

Feeling political sadness as signs of hope and resistance

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by Sasanka Perera
(The writer is on X as @sasmester)

A few weeks ago, a friend in India wrote to me about Ghazala Jamil’s book, What to Do with Political Sadness and Other Essays on Death, Destruction and Hauntology (2026). It had just been published by New Delhi’s Simon & Schuster India and Yoda Press. And thanks to the kindness of yet another friend, I managed to get a copy of the book. I think we are all surrounded by different forms of ‘political sadness’ both in our own country and beyond. And some of us might actually ask ourselves the same question Jamil has posed in the title of her book: What to do with political sadness? In this situation, since the book spoke to me directly, I ended up writing notes on it and reflecting on what she had to say as I read.

Globally, we live in an era governed by systemic attrition, state-sanctioned violence, and the steady dismantling of democratic institutions. In this situation, despair is frequently framed as a personal pathology or a personal tragedy that is difficult for one to reconcile with. This is particularly the case if one lives in conditions of political instability burdened with a conscience — knowing full well what is right and what is wrong but not having the power to make a difference. Contemporary neoliberal politics routinely urge the disenfranchised to practice ‘resilience’ or ‘mindfulness’ without offering serious means to deal with unbearable situations. That process helps strong-man and dictatorial politics to not only survive but also justify their destructive politics.

Ghazala Jamil thoughtfully and reflectively deals with what happens when one must deal with politics of violence up front in her collection of essays. Jamil argues that the political sadness felt by marginalized people experiencing juridical, economic, and physical destruction is neither an aberration nor a personal failure. It is, instead, a rational and ethically sound response to state power built on dispossession and intimidation. For Jamil, political sadness is a method of both perseverance in difficult conditions and a means of generating hope as well as a way of imagining a future despite being surrounded by orchestrated death, destruction and dispossession.

Rather than attempting to ‘cure’ this sadness or dismiss it as weakness, Jamil interrogates its anatomy in an attempt to locate something far more durable than passive optimism or taken-for-granted fatalism so familiar in South Asia. That is a radical, unyielding form of idealism rooted in memory and a refusal to be silenced. Idealism in this sense is increasingly becoming a scarce resource in the circumstances where most of us live and work. While reading Jamil’s essays and writing these thoughts, I was also contemplating on the unfolding politics in Sri Lanka. A recent tweet by me in response to a news item pertaining to the UN Special Rapporteur on the Independence of Judges and Lawyers, Margaret Satterthwaite requesting information from the Sri Lankan government’s proposed judicial reforms in Sri Lanka drew much criticism.

While I was concerned overall on the reforms meant to increase the retirement age of judges across the judicial hierarchy on matters of principle and potential impact on democratic governance in the country, my immediate concern was the UN’s established bias in responding to these kinds of issues. That is, the blatant lack of equality where people at the receiving end usually happen to be nations without a veto or the ability to control one in the UN. Many people, both known and unknown, were upset with the tweet claiming I did not know how the UN system worked or had not done my homework. My sense was, I was considered naïve or even stupid as I harboured a sense of idealism, which sadly they had lost. Jamil, on the other hand, might agree with me.

Across nineteen essays, spanning political philosophy, urban sociology, and cultural critique, the collection is based on a close reading of three primary and closely related theoretical positions buttressed by immediate life experiences in both India and beyond.

The first position deals with what might be called, mechanics of state violence. Here, Jamil explores the politics of physical and institutional mechanisms, that range from spatial segregation and legal disenfranchisement — such as the weaponisation of citizenship laws — to the degradation of public resources such as education and transport. In this situation, she considers death and destruction as essential byproducts of governance that may not however be always intended. But ultimately, such mechanisms define the nature and reach of state authority.

The second overall position she deals with has to do with bodily dissent and martyrdom. It is in this discussion that Jamil analyzes extreme forms of political protest, such as hunger strikes and suicide drawing from experiences ranging from India to Ireland. When the state strips vulnerable communities of institutional recourse to justice and fair play, the body becomes the final site of sovereignty and agency. But bodily self-sacrifice forces a public ethical showdown, demonstrating that even the dispossessed retain the agency to expose the moral bankruptcy of majoritarian power. Even so, such extreme protests do not always work, nevertheless keeping alive political sadness, and with it, reservoirs of hope.

The final position Jamil explores is focused on the idea of hauntology and futures. Drawing on Jacques Derrida’s concept of hauntology, Jamil examines the spectral presence of unfulfilled post-colonial promises. In the Indian context, the constitutional ideals of secularism, egalitarianism, and social justice have been systematically compromised or dismantled, even though their ‘ghosts’ refuse to disappear. They haunt the present, reminding us of what was promised, what was destroyed, and what remains to be reclaimed and achieved. Therefore, this also becomes a repository for hope from where futures may be imagined.

As far as my reading is concerned, the core strength of Jamil’s work lies in how she retrieves hope from the debris of political grief. Her kind of idealism rejects toxic positivity, insisting that genuine hope can only emerge after we fully confront actual histories and experiences of destruction. This, I think, is essential, and speaks to me personally and directly in a situation where such idealism has been compromised by an unfortunate combination of naivety and political foolishness.

For Jamil, hauntology acts as an engine of political memory. Ideally, the ghosts of past struggles should prevent us from normalising present atrocities. Idealism, therefore, is not an abstract dream of a utopian future. Instead, it is the stubborn refusal to allow state violence to dictate the limits of human imagination. To feel political sadness is to remember that things were supposed to be different, and that they still could be.

Though Jamil writes from her location in India augmented by theoretical arguments that are in global circulation, what she has to say speaks to the world in the present time. This makes her critique both locally grounded and regionally and globally applicable.

In so far as India is concerned, Jamil’s critique speaks to a situation marked by the relentless rise of ethno-nationalism, religious intolerance, bulldozer politics of dispossession, and the systematic marginalisation of minority identities and their sense of being. Hope in this context is found in grassroots resistance, such as the constitutional consciousness kept alive by student movements, civil rights activists, and community-led dissenters who insist on asserting full citizenship despite systemic hostility. I would locate the recent Cockroach Janta Party agitations in this context.

As far as my own location, Sri Lanka is concerned, Jamil’s exploration of hauntology provides immediate resonance and painful familiarity. Sri Lankan society is haunted by unresolved ghosts of wartime as well as post-war absence of state accountability, forced disappearances, alienation of minorities, and the catastrophic economic collapse that dismantled public security. This is without even venturing into the violence and dispossession orchestrated by the Liberation Tigers of Tamil Eelam and Janata Vimukti Peramuna when these entities wielded power in their agitations against the state. The mass uprising of 2022 or the ‘aragalaya’ placed in context both the transformative power of collective hope and the tragic reality of state appropriation. Reading Jamil from Colombo underscores how South Asian states export and replicate tools of division, militarization, and erasure.

Beyond the subcontinent, Jamil’s writing indicates the necessity that localised grief must be connected to globally intertwined histories. From hyper-capitalist labor exploitation to climate displacement, the Global South faces a collective and ongoing crisis of hegemony. Reclaiming hope requires cross-border solidarity, recognising that struggles against authoritarianism or majoritarianism in South Asia and elsewhere constitutes part of a worldwide fight for human dignity.

For me, Ghazala Jamil’s What to Do with Political Sadness is an essential and thoughtful manual for ethical survival and the generation of hope in difficult times. It does not offer easy comfort or simple solutions. Instead, it offers something far more valuable: a framework for ethical survival and persevering with idealism and hope. Let me conclude with my 2022 poem, ‘Island Story’ (Let Us be Silent: Poems, Sarasavi, Nugegoda, 2025).

To live in the blessed isle
close your ears
guard your tongue
freeze your heart

Then,
hell of despair

would seem
like
heaven of hope”

I attempted to deal with my unhappiness not merely by writing a poem, but by trying not to see what was obvious, as a means of dealing with pain and overshadowing the conscience. Jamil, will have none of this as she has convincingly argued throughout her book. By transforming political grief into an active analytical tool and method for hope, Jamil reminds us that our sadness is proof of our lingering moral clarity. In many ways, her effort is a conversation among theory, life experience and hope. For most of us, living under the shadow of disrupted pasts and lost futures, this book serves as a powerful reminder that as long as we remember what has been destroyed, the blueprint for a just world remains alive.

(A shorter version of this essay was published in The Wire [new Delhi] on 22 August 2026)

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Midweek Review

The Horror and the Slow Burn

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By Lynn Ockersz

The 9/11 explosion of pent-up hate,

Has left a slow-burning sorrow,

In the hearts of the sensitive few,

Proving humanity yet has some space,

But the root causes of the savagery,

Are being given short shift,

By those who could make a change,

Signaling to the sowers of division,

That their Day of Reckoning,

May perhaps never ever come.

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