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Midweek Review

The year that was: How ill-advised, reckless decisions ruined GR’s mandate

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A woman officer receives the sword from President Wickremesinghe at the recent passing out parade at the Army’s most prestigious seat of learning at the Sri Lanka Military Academy (SLMA) at Diyatalawa where 352 fully fledged Cadet Officers, to the Sri Lanka Army, joined the war-winning Army (pic courtesy PMD)

In spite of speculation over possible alliance between the SLPP and the UNP, serious issues remained to be addressed. The continuing disagreement on allocation of Cabinet portfolios underscores the crisis the government is faced with, though President Ranil Wickremesinghe speaks confidently of his plans to address the issues at hand.

By Shamindra Ferdinando

About a year before violent protests erupted outside the then President Gotabaya Rajapaksa’s Mirihana residence, over the crippling shortages of essential services and supplies, possibly exacerbated by some hidden hands, like the way Aragalaya was mainly bank rolled from abroad, or the mysterious forces who torched several dozen private homes of the then government politicians across the country, in a very systemic manner, on the night of May 09, the seventh executive President said that the people would decide whether he contest the next presidential election.

President Rajapaksa was addressing a gama samaga pilisandara programme at Yombuweltenna, Walapone, where he declared that only 14 months had been completed of his 60-month term. The President said that as he had plenty of time no one should be concerned about him not contesting again.

The then Senior Presidential Advisor, Lalith Weeratunga, sat on the President’s right. A confident Gotabaya Rajapaksa wore a light purple t-shirt, black trousers and a facemask as Covid-19 was raging. Referring to the last presidential election, in Nov 2019, Gotabaya Rajapaksa declared that the next time, too, the public would decide the outcome. It was not to be.

President Rajapaksa launched the gama samaga pilisandara programme on Sept 25, 2020, in the Badulla district. Yombuweltenna was the venue for the 15th programme in President Rajapaksa’s ambitious political project, meant to consolidate the electorate by going to the people at the grassroots. It was not to be.

Having won the presidency comfortably, just over a year earlier, President Rajapaksa was on a powder keg as a result of the rapidly deteriorating financial situation, primarily caused by the unprecedented pandemic in living memory, and some foolhardy and hasty decisions. Slashing of taxes, running into billions, after the presidential election, to give an impetus to the private sector to make the economy roar, drying up of Lankan worker remittances, for the first time, and the failure on the part of the government to initiate talks with the International Monetary Fund (IMF) for an urgently needed loan facility, had caused irreparable damage. Had President Rajapaksa realized the implications of that disputed decision, he could have avoided the humiliating exit from the Presidency. It was not to be.

About five weeks after the Walapane programme, President Rajapaksa imposed ban on the importation of fertiliser and agro chemicals. That move was perhaps meant to save USD 300-400 mn annually spent on the importation of fertiliser thereby ease pressure on the Treasury. It was not to be.

By then the Finance Ministry has perpetrated a scam reducing the duty on the importation of white sugar by a big margin without passing on the benefit to the consumer. It may have been a case of paying back the import mafia for financing the previous election campaign of the SLPP. Such shenanigans had been resorted to by virtually all past governments. Even the two massive bond scams would have been to reboot the UNP’s war chest that had been badly depleted due to the long recess in the opposition. Last November State Finance Minister Ranjith Siyambalapitiya confirmed that sugar scam caused Rs 1.6 bn revenue loss.

The culpability of the then immensely powerful and once very talented Presidential Secretary Dr. P. B. Jayasundera for the economic fallout should be investigated. One-time Treasury Secretary Jayasundera, who quit in Dec 2021 amidst a simmering controversy over the crisis, has been blamed for the unprecedented and continuing crisis. But can the Cabinet of Ministers chaired by the President absolve itself of the responsibility for Sri Lanka’s predicament? Regardless of ill-fated decisions that had been taken on the advice of Dr. P.B. Jayasundera et al, ministers cannot pass the buck. The Cabinet of Ministers should be held responsible for the continuing crisis. The responsibility of Governors of Central Bank Prof. W.D. Lakshman (Dec 2019-Sept 2021) and Ajith Nivard Cabraal (Sept 2021-March 2022) as well as the five-member Monetary Board should be examined. Two of those who had served the Monetary Board during the tenures of Prof. Lakshman and Cabraal remained therein. Can Dr. Ranee Jayamaha and Sanjeewa Jayawardena, PC, absolve themselves of the decisions taken/not taken during Dec 2019-March 2022. The role played by the then Finance Secretary S.R. Attygalle, too, should be examined. Surely the country will not believe that they were all simply awestruck by the all-powerful presidency.

President Rajapaksa brought in Dr. Nandalal Weerasinghe and Mahinda Siriwardena as the Governor and the Finance Secretary, respectively in early April this year.

By then, the economy was in ruins. Unprecedented protest at Pangiriwatte, Mirihana, on the night of March 31 may have been the test run to launch the high profile campaign that forced President Rajapaksa to flee the country and handover the reins to Ranil Wickremesinghe as the Premier. Samagi Jana Balavegaya (SJB) leader Sajith Premadasa’s refusal to accept the premiership when it was offered to him will remain a political mystery. Perhaps lawmaker Premadasa who also served as the Opposition Leader never expected the SLPP’s hare-brained strategy to hand over power wholesale. Offering the premiership to the United National Party (UNP) that had just one National List seat in parliament seemed so ludicrous perhaps no one really expected the strategy to succeed. But at least he had the backbone or received the signal from hidden puppet masters to take it with both hands. And for all purposes aragalaya was snuffed out overnight contrary to what its activists claimed before cameras earlier.

President Rajapaksa wouldn’t have anticipated in his wildest dreams having to reach a consensus with UNP leader Wickremesinghe as regards the presidency.

Wickremesinghe has achieved the unthinkable. Having failed to re-enter parliament at the last parliamentary election in the backdrop of the party being unable to win a single seat but avoided a complete whitewash by scraping a National List slot. Wickremesinghe has turned the political environment upside down. The ruling SLPP, struggling to cope up with internal dissent, has been compelled to play ball with Wickremesinghe, who shrewdly changed the political landscape. The elevation of Mahajana Eksath Peramuna (MEP) leader Dinesh Gunawardene, Wickremesinghe’s school buddy at Royal College, to the position of Premier wouldn’t have happened under a Rajapaksa administration. There hadn’t been a previous instance since the introduction of the Proportional Representation system of an MP with just two other members in parliament receiving the premiership. The MEP parliamentary group consists of Premier Gunawardena, Gampaha District MP Sisira Jayakody and the premier’s son, Yadamini Gunawardena accommodated on the SLPP National List.

SLPP ignores stern warning

Amidst a much deteriorated economic situation, a major internal crisis erupted in the ruling SLPP over the shady finalisation of a disputed agreement with the US based New Fortress Energy in respect of a new LNG terminal, the Yugadanavi power plant as well as gas supply to Sri Lanka’s power plants caused irrevocable damage to its relationship with its partners, the National Freedom Front (NFF), Pivithuru Hela Urumaya (PHU) and Democratic Left Front (DLF). In spite of NFF, PHU and DLF being represented by 06, 01 and 01 MPs, respectively, the extraordinary clash between the arrogant SLPP and Ministers Wimal Weerawansa, Udaya Gammanpila and Vasudeva Nanayakkara quickly developed into a deadly political battle. The developing political and economic crises-a lethal cocktail quickly destabilised the Rajapaksa administration.

President Rajapaksa allowed the situation to develop. In the wake of fierce attacks on the New Fortress Energy deal, strangely concluded in the dead of the night. The President’s Office threw its weight behind those who had been accused of manipulating the Cabinet process to sell 40 percent stake in the Yugadhanavi power station held by the Treasury along with the related other above deals.

It would be pertinent to ask whether President Rajapaksa authorized the then Presidential Spokesperson Kingsley Ratnayake to arrange disgraced CEB Chairman M.C.C. Ferdinando to defend the deal. Struggling to cope up with the crisis caused by its own incompetence, the administration brought in Ratnayake and Sudewa Hettiarachchi of Sirasa and Swarnawahini, respectively, to turnaround the situation. The government seemed to have wrongly recognised the crisis as an issue to do with not having the required media hype.

The powers that be until the very end believed costly media projects could turn around the situation. They refused to take remedial measures.

The Weerawansa-Gammanpila-Nanayakkara trio took on the government courageously in spite of the growing threat to them. Having failed to convince President Rajapaksa to reverse the controversial decision on the US energy deal, they moved the Supreme Court against the Cabinet of Ministers. They created history. In spite of the swift dismissal of the case by the SC, they pursued the campaign that commenced in Oct 2021. President Rajapaksa sacked Weerawansa and Gammanpila in early March 2022, several weeks before the eruption of public anger at Pangiriwatte.

Unfortunately, none of the other cabinet ministers had the guts to stand by their colleagues. Instead they reassured their commitment to a corrupt system that was on the verge of being toppled. The likes of Ali Sabry, PC, and Bandula Gunawardena remained silent though they disclosed the ugly truth in June 2022 (exclusive interview with Swarnawahini) and Dec 2022 (parliament), respectively. President Rajapaksa had to pay a very heavy price for allowing a corrupt cabinet to have its way. Those who had President’s or was it Basil’s ear pursued their own agenda regardless of the consequences.

Media and Transport Minister Bandula Gunawardena’s Dec 09 disclosure in parliament pertaining to the sugar duty scam that deprived cash-strapped Treasury of at least Rs 1.6 bn underscored the need to overhaul the system of governance. Minister Gunawardena has pinpointed those who perpetrated it. Thereby, the Colombo District lawmaker has implicated President Rajapaksa. Let us hope the former trade minister wouldn’t take cover behind parliamentary privileges to cover up those responsible. Should the so-called collective responsibility of the Cabinet of Ministers and parliamentary privileges be allowed to hinder investigations into the sugar scam?

Let us hope the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) inquiring into the sugar duty scam perpetrated on the issuance of a gazette notification that brought the tax on a kilo of sugar from Rs 50 to 25 cents goes the whole hog.

Weerawansa’s failed bid

The then Minister Weerawansa made a desperate but determined bid to convince President Rajapaksa to take remedial measures. The former JVPer earned the wrath of the SLPP by urging President Rajapaksa to play an active role in politics. Weerawansa declared that President Rajapaksa should immediately intervene in the political decision making process. The SLPP launched a scathing attack on Weerawansa who retaliated regardless of the consequences. An irate Weerawansa, in a statement issued on Oct 10, 2021 set the record straight as regards comments made at a Cabinet meeting attributed to him. Alleging that his comments had been correctly interpreted and were in the public domain, particularly social media, lawmaker Weerawansa declared (1) the public lost faith in the government not because the administration didn’t do what was expected of it but did what was not expected, (2) hasty cabinet decisions taken at a single sitting without proper consultation among members, and finally (3) President Rajapaksa should participate in the decision making process, attend party leaders’ meetings and play an active role in politics.

Over Weerawansa’s public declarations SLPP General Secretary Sagara Kariyawasam clashed with him on a number of occasions.

Weerawansa appeared to have quite conveniently forgotten that in spite of not holding any position in the SLPP, President Rajapaksa took decisions on behalf of the government. But that shouldn’t be misconstrued. There had been serious issues as the Rajapaksas pulled in different directions. The crisis at Litro gas owned by Sri Lanka Insurance exposed unbelievable trickery. The Committee on Public Enterprises (COPE) vigorously opposed Litro halting the state audit process contrary to basic financial rules and regulations. Litro hired two President’s Counsel Romesh de Silva and Sanjeewa Jayawardena to defend its controversial decision. Then COPE Chairman Prof. Charitha Herath is on record as having said that Litro spent over Rs 20 mn on lawyers.

Finally, President Rajapaksa removed Litro Chairman Anil Koswatte and brought in Viyathmaga activist Theshara Jayasinghe who pointed to high profile large scale corruption at the enterprise.

Investigations into hundreds of gas-related explosions revealed that the mystery change in the composition of gas was the primary reason for these incidents. Maybe it was a case of some outside party staging a “mission impossible” type of plot, probably at the point of export. Prof. Shantha Walpolage, the Chairman of the Committee that had been appointed by President Gotabaya Rajapaksa to probe the recent gas explosions made this revelation. Prof. Walpolage contradicted Theshara Jayasinghe claim that the composition remained unchanged. The Litro chairman made this declaration at a media briefing arranged by Kingsley Ratnayake on Dec 20, 2021. The government never revealed the truth. Gas-related explosions remains a mystery like so many other mysteries of that government.

The government again exposed itself by trying to deceive the public over its decision to increase the price of fuel in June 2021. Arrogant SLPP leadership clashed with Udaya Gammanpila, who hit back hard when SLPP

General Secretary Attorney-at-Law Kariyawasam lambasted the minister over the decision to increase fuel price marginally. The SLPP propagated the lie that fuel prices wouldn’t have to be increased if Basil Rajapaksa served in the cabinet as the finance minister.

Following a sustained campaign Basil Rajapaksa re-entered parliament in June 2021 on the National List. President Rajapaksa in spite of strong objections by some SLPP constituents cleared the way for his brother’s re-entry by doing away with the clause on dual citizens. The stage was set for the CEB deal with New Fortress Energy signed close to midnight on Sept 17, 2021. By then, M.M.C. Ferdinando has returned from retirement in Australia to be the CEB Chairman and worked overtime to finalise the deal to the satisfaction of then US Ambassador Alaina B. Teplitz.

A flawed Temple Trees project

The overall failure on the part of the Rajapaksa government to address the issues at hand should be examined against the backdrop of a despicable Temple Trees project to save Mahinda Rajapaksa’s premiership. Temple Trees engaged in a desperate bid to consolidate Premier Rajapaksa’s position amidst calls even by a section of the SLPP parliamentary group for the twice President to step down as the Prime Minister. Finally, Temple Trees gave a turbo boost to the public protest campaign by unleashing violence on Galle Face protesters and those camping outside Temple Trees.

The May 09 attacks followed by fiery speeches delivered by SLPP leaders were outdone by counter attacks by so called aragalaya activists, which included a physical assault on DIG Deshabandu Tennakoon on the streets. But, the losses inflicted by well organised gangs that went on the rampage as the military and police just looked on, were staggering.

They had the tacit support of some political parties. For about 72 hours gangs roamed the streets. The Wickremesinghe-Rajapaksa government never really probed those attacks. But, within 24 hours after being elected as the President on July 20, UNP leader Wickremesinghe ordered the military to clear the Presidential Secretariat. The President repeatedly warned that unauthorised protests wouldn’t be tolerated under any circumstances.

The May 09 incidents should be examined taking into consideration Temple Trees repeatedly declaring that there was no need for the Premier to resign. Temple Trees issued a spate of statements reassuring the public the Premier was in control and measures were being taken at his behest to restore normalcy.

But the May 09 explosion of mobs even overrunning Temple Trees brought that silly effort to an end, thereby paving the way for the UNP to secure the presidency after 28 years.

However, the Wickremesinghe-Rajapaksa government faces an uphill task of facing the electorate at Local Government polls early this year. The government will do whatever possible to put off Local Government polls though the Opposition is pushing hard to prevent any delay in the election. Putting off the election seems as important as securing USD 2.9 bn early this year. Having bragged about the IMF facility, now it is clear that funds wouldn’t be available as expected within the next few weeks.



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Midweek Review

Gross abuse and politics of presidential pardon

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On the first anniversary of his election, President Sirisena, on 8 January, 2016, pardoned former LTTE terrorist Sivaraja Jenivan, convicted for conspiring to assassinate him in 2005. The LTTE planned to trigger a claymore mine, targeting Sirisena. No one opposed Sirisena's decision.

President Mahinda Rajapaksa caused controversy on three occasions, granting presidential pardon once during his first term and twice in his second term. The March 2009 presidential pardon granted to Mary Juliet Monica Fernando, wife of Minister Milroy Fernando, sentenced to death in March 2005 for double murder committed in the early 90s stunned the society. Later, President Rajapaksa released two convicted Indian women narcotics offenders and five Indian heroin smuggling fishermen. The release of fishermen took place following a telephone call received from newly installed Indian PM Narendra Modi, in late Nov., 2014.

By Shamindra Ferdinando

The controversial appointment of General Secretary of the Bodu Bala Sena (BBS) Ven. Galagodaaththe Gnanasara Thera as the Chairman of the Presidential Task Force for One Country, One Law on 26 October, 2021, drew widespread condemnation.

The 13-member Task Force was tasked to prepare a report on the implementation of the much touted ‘One Country, One Law’ concept. President Gotabaya Rajapaksa disregarded strong disapproval expressed by the educated society in general against Ven. Gnanasara’s appointment though it may have received the backing of those with a Buddhist label, who are in the majority. President Rajapaksa conveniently failed to take into consideration that Ven. Gnanasara had been the recipient of a controversial presidential pardon on 23 May, 2019, from President Sirisena.

At the time Ven. Gnanasara received presidential pardon, he was serving a six-year term of rigorous imprisonment for contempt of court over his conduct at the Homagama Magistrate’s Court on 25 January, 2016, during hearings regarding media personality Prageeth Ekneligoda. The disappearance of Ekneligoda, on the eve of the 2010 January 26 presidential election, remains an unsolved case for law enforcers.

The monk’s verbal attack on Sandhya, wife of media personality Prageeth Ekneligoda, at the Homagama Magistrate’s Court, was considered as aligning with members of the Directorate of Military Intelligence (DM) accused of being responsible for the media personality’s disappearance. So, what made President Rajapaksa make Ven. Gnanasara Chairman of a Task Force that dealt with the law of the country?

Senior Assistant Secretary to the President, Jeevanthie Senanayake, served as the Secretary to the Task Force.

By the time the Task Force handed over its final report—consisting of eight chapters and 43 recommendations—to President Gotabaya Rajapaksa, on June 29, 2022, the Sri Lanka Podujana Peramuna (SLPP/Pohottuwa party) administration was in tatters. India and the US backed the clandestine violent political movement (Aragalaya) that brought the government down to its knees and the utterly divided Pohottuwa party simply couldn’t tackle the developing situation.

Like the Romesh de Silva, PC, report on the new Constitution, commissioned by President Rajapaksa and received during Aragalaya, Ven. Gnanasara’s report never received the attention of the government. By then, the Pohottuwa party had given up hope in tackling the challenge posed by Aragalaya, hence the decision to elect UNP leader Ranil Wickremesinghe as President Gotabaya Rajapaksa’s successor, for the duration of what remained of the latter’s presidential term.

The ongoing controversy over disrobing of Ven. Gnanasara has to be discussed, taking into consideration the post-war political context in which the BBS was formed by Ven Gnanasara and Ven Kirama Wimalajothi, in early May, 2012, and the developments surrounding that organisation. Those who aligned with the BBS once served the interests of the Jathika Hela Urumaya (JHU) is not a secret. Ven. Gnanasara, who unsuccessfully contested the Colombo District, on the JHU ticket, at the 2004 parliamentary polls, achieved unprecedented political clout as the BBS rapidly expanded in the 2012-2013 period. Gnanasara had the backing of war-winning President Mahinda Rajapaksa’s government. The government allowed the BBS to go ahead with its strategy. Having held its first national convention, in late July, 2012, at the BMICH, Baudhaloka Mawatha, it called a protest outside the Bangladesh High Commission, in Colombo, in October, 2012, against what it called anti-Buddhist riots in that country.

Obviously, both the SLFP-led UPFA and the UNP felt they could take advantage of the BBS for their gain. Against the backdrop of the developments over the 2012-2021 period, the appointment of Ven. Gnanasara as the Chairman of the Presidential Task Force for One Country, One Law raised quite a number of eyebrows. How could a person who benefited as a direct intervention of President Sirisena, by way of an utterly controversial and unacceptable presidential pardon, was placed at the top of a Task Force that dealt with laws of the country?

A despicable practice

The executive unashamedly abused presidential pardons. Gotabaya Rajapaksa was no exception. In the run-up to Ven. Gnanasara’s appointment as head of ‘One Country, One Law’ Task Force, President Rajapaksa pardoned Duminda Silva, who had been imprisoned under a death sentence. That presidential pardon came into effect on 24 June, 2021. The former parliamentarian, who switched his allegiance from the UNP to the UPFA during Mahinda Rajapaksa’s presidency, received a presidential pardon, along with 92 others released to mark the Poson Full Moon Poya day that year.

Though yet to clearly know what happened during a fracas between Duminda Silva and Bharatha Lakshman Premachandra, both obviously under the influence of liquor during the local government election of 2011, in the Kolonnawa area, the former had been shot in the head and rushed to hospital with a bullet having passed right through the middle of his skull and he miraculously survived but as to whether all his faculties have been restored is unknown. He, too, is back in prison with his pardon removed. But what is certain is that in retaliation for shooting Duminda, by Bharatha, after being knocked down by the former during the fracas, Bharatha himself was shot dead by Duminda’s bodyguards soon, thereafter.

Silva was jailed in September 2016 after the Colombo High Court found him, and several others, guilty of the murder of former MP Bharatha Lakshman Premachandra in early October 2011. Three of Premachandra’s bodyguards were also killed in the shootout between two UPFA gangs, led by Premachandra and Silva, a sitting ruling party lawmaker at that time. Premachandra as presidential advisor on trade union matters, operated out of Temple Trees. What many really failed to realise, at that time, was that the shootout occurred between two groups of Rajapaksa loyalists and both parties received government patronage at the highest level. In spite of the police knowing armed groups were roaming, while voting on the local government election was underway, they did nothing, for obvious reasons.

Although presidential pardons granted to those convicted of minor offences, to coincide with Vesak, Poson, Christmas and the national Independence Day, cannot be challenged, the despicable practice of high profile convicts receiving privilege status undermined the rule of law. That is the undeniable truth as is the practice in the USA. Presidents and, in some instances, top prisons department management conspired to release high profile convicts by categorising them with ordinary prisoners.

Let me remind you of the shocking revelation of one such instance, less than a year after Anura Kumara Dissanayake won the presidency. The Cabinet of Ministers that met under the leadership of Dissanayake suspended Commissioner General of Prisons, Thushara Upuldeniya, in June last year, after the media revealed convicted financial fraudster Athula Thilakaratne was clandestinely included among 400 minor offenders released to mark Poson Full Moon Poya day.

Thilakaratne cannot be the first to secure his release in such a covert way. The Prisons Department must have arranged such secret operations over the years and the Justice Ministry, under successive governments, must have been aware of what was going on. The JVP-led NPP administration is the only regime to act swiftly and decisively when the media exposed the Prisons Department ruse.

But the incumbent government, too, turns a blind eye to serious wrongs committed by its own people or ensures that justice moves at a snail’s pace in such instances as in the case of releasing red flagged containers from the Colombo port, the coal scam, etc., while applying the full weight of available legal avenues against political opponents facing allegations, like the Rajapaksas, or their supporters, without even hearing their cases.

The other controversial presidential pardon, granted by Gotabaya Rajapaksa, happened in late March 2020, less than six months after his election as the President. The former Gajaba Regiment combat officer granted a presidential pardon to former Sri Lanka Army Staff Sergeant Sunil Ratnayaka, convicted for the December 2000 Mirusuvil massacre in Jaffna. The victims included three children. Altogether eight Tamil civilians were massacred. Ratnayaka was sentenced to death in June 2015 by a Colombo High Court Trial-at-Bar bench, a verdict unanimously affirmed by a five-judge bench of the Supreme Court of Sri Lanka in April 2019. But, President Rajapaksa released him. The President’s action drew widespread condemnation with the Geneva-based United Nations Human Rights Council (UNHRC) and Amnesty International leading the protests. Dr. Paikiasothy Saravanamuttu’s Centre for Policy Alternatives (CPA) challenged the President’s action.

Such unilateral action, regardless of the Supreme Court reaffirming the High Court Trial-at-Bar bench ruling, opened the country to international scrutiny. Unfortunately, Gotabaya Rajapaksa’s government simply failed to examine catastrophic repercussions of such ill-conceived decisions. Instead of adhering to the laws of the land, the government caused the rapid deterioration of the system.

Gevindu Cumaratunga, Yuthukama leader and outspoken SLPP National List lawmaker, had been the only member of a 145-person government parliamentary group to oppose Ven. Gnanasara’s appointment. The top SLPP leadership reacted angrily to Cumaratunga’s stand on the BBS chief.

Sirisena’s folly

Just a week before the 16 November, 2019, presidential election, President Sirisena pardoned Jude Shramantha Jayamaha, sentenced to death for the 2005 murder of Swedish teenager Yvonne Jonsson at the Royal Park apartment complex in Rajagiriya.

Sirisena’s irresponsible and contemptible action caused public outrage. The presidential pardon granted to Jayamaha was even worse than the release of Ven. Gnanasara, as the latter was only found guilty of ridiculing Sandya Ekneligoda in a court house, thereby causing contempt of court.

The wholly unnecessary presidential intervention, on behalf of Jude, who is from an affluent background, should have been investigated by the Commission to Investigate Allegations of Bribery or Corruption (CIABOC). What really made Sirisena get involved with the Jayamaha family? Who was the go-between the President and the Jayamahas?

The SLFP leader caused himself immense harm. That mysterious presidential intervention cost him dearly in the eyes of the public.

A three-judge Supreme Court bench comprising Justices S. Thurairaja, Yasantha Kodagoda, and Janak de Silva, in June 2024, ruled that the pardon was arbitrary, unlawful, violated constitutional provisions, and breached the public trust doctrine. But, by then, Jayamaha had vanished, possibly from the country itself and so far government efforts to track him down have failed and he still remains at large. Perhaps, Jayamaha will never be apprehended abroad and brought back. Sirisena owes the country an explanation why he pardoned Jayamaha, just a week before the presidential election.

Interestingly, the SLPP brought Sirisena back to Parliament at the August 2020 general election. In fact, 13 SLFPers were elected on the SLPP ticket and later received recognition as the second largest party in the SLPP coalition. Sirisena not only released Ven. Gnanasara, on 23 May 2019, but invited the controversial Thera to his official residence the following day. Sirisena’s media team believed in taking advantage of the developments. They released a video of the President in conversation with Ven. Gnanasara and the Thera’s mother. Ven. Ulapane Sumangala, now at the forefront of protests in support of Ven. Gnanasara, was also present on that occasion. The presidential pardon granted to Ven. Gnanasara was depicted as Sirisena’s achievement and action taken on behalf of the Buddhists.

Perhaps people have now forgotten that Sirisena publicly alleged that Ven. Athuraliye Rathana relentlessly pushed him to release Jayamaha and was the beneficiary of that deal. Appearing on a private television channel, Sirisena, then an MP representing the SLPP, claimed that those who arranged the release received a massive amount of money. The writer sought Ven. Rathana’s response to Sirisena’s claim. Ven Rathana, at that time the sole lawmaker representing ‘Our Power of People Party’ (OPPP) denied Sirisena’s claim (Presidential pardon for Royal Park murderer: Ven. Rathana denies Sirisena’s accusations, lodges complaint with CID, The Island, 24 June 2022/ https://island.lk/presidential-pardon-for-royal-park-murderer-ven-rathana-denies-sirisenas-accusations-lodges-complaint-with-cid/).

It would be pertinent to mention the battle between Ven. Gnanasara and Ven, Rathana over the sole National List slot received at the 2020 August general election. OPPP suffered dearly when the Election Commission rejected the District nomination lists submitted by the new party. Among the lists rejected was OPPP Kurunegala list which included Ven. Gnanasara. Therefore, he couldn’t contest. But, the OPPP declared that Ven. Gnanasara would be appointed to Parliament through the National List. But, when the party ended up with just one National List, Ven. Rathana, in spite of being rejected by the Gampaha electorate, wanted to be their sole appointed MP. Ven. Rathana secured the seat though the Executive Committee of the party favoured Ven Gnanasara.

The two monks reached consensus on contesting the 2020 general election together as they couldn’t align themselves with major political parties. Obviously, OPPP failed to attract the attention of the majority Sinhala Buddhist community though, by then, the JHU was no longer in politics. Sirisena intervened on behalf of Ven. Gnanasara, in the run up to the 2019 presidential and 2020 parliamentary polls.

For the LTTE’s benefit

President JRJ granted presidential pardon to notorious criminal Sunil Perera, alias Gonawala Sunil, in July, 1981. That despicable act coincided with the 50th anniversary of Sri Lanka receiving universal franchise. The UNPer, who had been convicted of raping a 17-year-old school girl, walked free from the Welikada Prison and, thereafter, to add insult to injury, he received from the same UNP government, an appointment as an All Island Justice of Peace.

The then Education and Youth Affairs and Employment Minister Ranil Wickremesinghe is alleged to have intervened on behalf of Gonawala Sunil. After Chandrika Bandaranaike Kumaratunga brought the UNP’s 17-year-old rule to an end in 1994, as I remember the Justice Ministry issued a statement regarding the presidential pardon granted to politically connected persons. The same list also dealt with the Liberation Tigers of Tamil Eelam (LTTE) members released by Ranasinghe Premadasa during the May 1989 to June 1990 period.

Among those LTTE terrorists was Manohari Daniels convicted for the 1987 November 9 car bomb blast, near the Maradana Railway Station. The deadly blast claimed the lives of nearly 30 people. Over 100 others suffered injuries. The LTTE wanted Premadasa to exercise his executive powers. On the orders of the President, terrorists were released quietly. Daniels, who had been serving a six-year term of RI, returned to Batticaloa.

Premadasa released LTTE terrorists, vacated Army camps, and provided them arms and funds to the tune of Rs 125 mn, during May 1989 to June 1990. Unfortunately, none of those demanding abolition of the executive presidency on the election platform never bothered to examine how successive presidents abused presidential pardon. Sirisena happened to be one of the worst offenders. He played politics with presidential pardon. At the completion of first year in office, on 8 January, 2016, Sirisena pardoned Sivaraja Jenivan, aka Sivarajah Jeneepan, or Mohommadu Sulthan Cader Mohideen, sentenced in 2015 to 10 years rigorous imprisonment by the Polonnaruwa High Court. The Polonnaruwa High Court found Jenivan guilty of planning to trigger a claymore mine attack, targeting Sirisena, in 2005. The ex-terrorist was released at a public ceremony to mark his first year in office. They shook hands on stage.

Sirisena later tweeted a photo of himself on stage with Jenivan, with a caption reading: “Ordered presidential pardon to a prisoner who was serving time for attempting to assassinate me in 2005.”

At the conclusion of the war, in May, 2009, President Mahinda Rajapaksa decided against initiating legal action in respect of approximately 12,000 LTTE cadres. Regardless of their status in the terrorist organisation, the war-winning government allowed all of them to be rehabilitated and released. Whatever the criticism directed at the government over post-war accountability issues, the rehabilitation project, implemented with the backing of the international community, received plaudits from the Tamil community.

Had the government launched investigations into those taken into custody in the closing stages of the war, hundreds would have faced prison terms. Even hardcore terrorists, including LTTE intelligence wing members, and, perhaps, a few suicide cadres, may have escaped punishment. The decision to integrate the entire lot to the society is a gesture that should have earned the gratitude of the Tamil community. Instead, the Illankai Thamil Arasu Kadchi (ITAK), and others who served the LTTE’s despicable interests, wanted to haul Sri Lanka before an international war crimes tribunal.

The Justice and National Integration Ministry should undertake an examination of presidential pardons and set the record straight. Perhaps a lawmaker should seek a written response from the Justice Ministry. Although D.B. Wijetunga had been rarely targeted over abusing presidential pardons, like his predecessors, JRJ and Premadasa, he, too, released two convicts. The three UNP Presidents, during the 1978-1994 period, released altogether 72 high profile convicts.

Ranil Wickremesinghe came to the rescue of Ranjan Ramanayake soon after the conclusion of Aragalaya (March-July 2022). Ramanayake, who had been sentenced to a four-year term of rigorous imprisonment for contempt of court, was released by Wickremesinghe in August 2022.

Ramanayake drew the attention of the judiciary when he declared, outside Temple Trees, in 2017, that the vast majority of judges and lawyers were corrupt and worked for money. Addressing the media, in his capacity as State Minister, Ramanayake said that 95% of judges and lawyers protected murders, corrupt elements and drug dealers. Sri Lanka never really made an attempt to prevent presidents and their henchmen from manipulating the law of the land. The President holds the power to grant a presidential pardon, or clemency, to individuals convicted by courts. Under Article 34, the President can grant a free pardon or a conditional pardon, put off sentences, substitute a lighter punishment, or remit all or part of a sentence or court penalty. The presidential pardon has become a tool in the hands of presidents who acted as if they held eternal power, thereby making a mockery of the law. The continuation of abusing presidential pardon, in a way subvert the rule of law. Such actions erode public confidence in the judiciary and have a detrimental impact on the Attorney General’s Department, as well as law enforcement.

Amidst the decision to introduce new prison regulations for monks serving jail terms, to appease the Maha Sangha, up in arms over producing Ven Gnanasara in court in civilian attire, the government has conveniently failed to declare its position on the presidential pardon. Let the public know of the recommendations made by retired Supreme Court Judge S. Thurairaja, on 10 July, 2026, regarding a systematic, fair, and transparent mechanism for granting presidential pardons in Sri Lanka. Thurairaja proposed the establishment of a clear, structured framework for granting presidential pardons under Article 34(1) of the Constitution, replacing ad-hoc or discretionary decisions. The bottom line is that as long as the executive presidency remains, presidential pardon will be abused as we have experienced over the past few decades.

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Midweek Review

Thileepan, a modern example of human sacrifice to Hindu Warrior God ‘Murugan’

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Bust of Thileepan

by Chandre Dharmawardana  
chandre.dharma@yahoo.ca

Shamindra Ferdinando, in The Island, 23 September 2026, in an article entitled “Thileepan’s fast unto death: An authentic narrative that many missed” has provided an excellent review of the recent political event associated with the attempt to commemorate Thileepan and install a bronze bust of the LTTE militant. Here I argue that Thileepan was sacrificed by Prabhakaran in 1987 to the war God Murugan. While Shamindra Ferdinando has succinctly analysed the political backdrop to the event, here I attempt to complement his article by delving into the socio-cultural and Hindu ritualistic background to the event.

Vedic texts describe a ritual called Purushamedha (literally “human sacrifice”). In the Shatapatha Brahmana (13.6.2), a vast list of 184 or 185 human “victims”—representing various professions, castes, and character types (e.g., lute players, actors, builders)—are bound to sacrificial posts. However, after hymns are chanted, a voice from heaven is said to instruct that they should not be killed and that they are to be spared. Some scholars, such as Asok Parpola, argue that certain older ritual texts, like the Shankhayana and Vitana Shrauta Sutras, mention details like “suffocation,” indicating that a literal version of the practice existed before the Brahmanas explicitly transitioned into a bloodless, symbolic rite.

Gandhi practised “hunger unto death” fasts as powerful political theatre but strictly observed the principle of Ahimsa (in not taking life). Gandhi’s fast-unto-death events always ended with his heeding to massive national protests for him to end his fast; he would ceremoniously take the glass of orange that ended his fasts. Mainstream political protests usually adopt the traditional Gandhian style (allowing water), whereas those seeking to directly replicate the intense “Thileepan style” of fasting unto death purposefully refuse both food and water to force an immediate crisis.

 In the case of Thileepan, the “Thalivaar” fully intended to sacrifice him to the Six-Faced God Sanmukan or Kandasamy prior to direct hostilities against the IPKF.

The militant Tamil Eelamist movements were NOT rooted in Ahimsa but sharply broke away from it, especially after the 1972 Constitution, which hatched a pure mono-ethnic governance structure. Public Tamil separatist figures such as Kasi Anandan demanded the blood of traitors and named them after resigning in 1970 from his job as a translator in the state service to devote his time to propagate an extreme, violent form of Eelamist ideology that launched the ideology of the Tamil Student movement—the “boys” of the TULF.

Prabhakaran’s outfit was the most zealous “Tamil Liberation group” that heeded Kasi Anandan’s calls and began to kill moderate Tamils who backed reconciliation rather than stark separation. Kasi Anandan was a member of the central committee of the LTTE. The extent of Kasi Anandan’s role in the assassination of many distinguished Tamil leaders has never been examined by jurists or by the UNHRC.

Finally, the TULF opened the door for military action in its 1976 resolution at Vaddukoddai, a town whose name even in the 19th century was, ironically, “BataKotte”, i.e., the garrison town (fort = “kotte”) where soldiers (Bhata)  were stationed, presumably to fight off Jaffna-based usurpers of local power.

Thileepan (Rasiah Partheepan), the political wing leader of the LTTE staged his 11-day fatal fast in front of the historic Nallur Kandaswamy Temple in Jaffna. Kandasamy (Murugan) is a God of War. By positioning a dying young fighter at the doorstep of Murugan’s most sacred shrine, the protest bypassed conventional political arena dynamics. It repositioned Thileepan’s hunger strike within the tradition of bhakti (sacrificial devotion) and religious martyrdom. Thileepan is an example of a HUMAN SACRIFICE in front of Murgan at the Nallur temple in the well-established tradition of sacrificial devotion entrenched in Hindu orthodoxy that Prabhakaran utilised to great theatrical effect.

In Hindu traditions, concepts of asceticism, self-mortification, and vows (vratams) are deeply understood forms of spiritual penance. The leader of the LTTE, Prabhakaran was highly adept at utilising martial history, local mythology, and symbols to build the cult of the Maaveerar (Great Heroes).

At the time, the Sri Lankan government virtually functioned under the Dicta of the Dixit-led Indian High Commission in Colombo for all matters concerning the LTTE. When the Indian government refused to capitulate and Thileepan passed away on September 26, 1987, the “theatrical” power of his death achieved its strategic goal. It broke any remaining Tamil faith in the Indian intervention, shifted public sympathy entirely to the LTTE, and primed the population for the bloody war against the Indian military that followed shortly after.

 It was a political trap that ensnared the Indian effort at finding a reconciled solution; it ensured that the Sri Lankan government would fail to establish the Indo-Lanka agreement, rejected by Tamils and also by a large portion of Sinhalese, for devolution of power to the provinces.

While anthropologists should view the event as an astute manipulation of religious orthodoxy for political theater, Eelam Tamil ideologues view it very differently. To many of them Thileepan is a Thiyaga Theepam (the Light of Sacrifice). They see his fast as an act of absolute ahimsa (non-violence) and an ultimate personal sacrifice made out of genuine love and desperation for his people. In effect, violence is transformed into its opposite under the ideological lens of Eelamism. In the political vocabulary of the region, invoking Thileepan’s style of death means that an activist is signaling to the state that they have completely bypassed the path of negotiation and are fully prepared to die on camera to trigger a public uprising.

So, does the continued commemoration of Thileepan signal that many leading members of the Tamil community are not interested in any resolution short of separation, and even reject the existing 13th amendment framework of provincial councils?

In broad Vedic philosophy non-violence (Ahimsa) is praised, but as in the Brahma Sutras a loophole is left. Violence that is explicitly mandated by Vedic ritual logic is legally and considered purified. Medieval texts (like the Karika Purana) adapted these loopholes to outline instructions for human offerings to the Hindu Goddess Kali and male warrior Gods such as Murugan. The specific section of the Kalika Purana that outlines these rites is known as the Rudhiradhyaya (The Blood Chapter).

All this is presumably viewed as part of the Dharma-Yuddha that even Arjuna invoked. This continued symbolism based ultimately on a military confrontation of the majority is suicidal not just to followers of Thileepana, but to all members of the Tamil community and finally to the majority community as well. As I outlined in my article in The Island on 22 September (entitled, Illusion of Recovery), and as noted by other writers studying demographic trends, the  total fertility rate (TFR) of females in Sri Lanka has dropped way below the 2.1 children per woman required to maintain its population at the current levels. Instead, all three populations, namely those of Tamils, Sinhalese and Muslims, are contracting rapidly, having peaked during the 2019-2022 period.

In the Jaffna peninsula, with a high level of female education, the TFR has dropped to 1.2 and the numbers of young people (who can be recruited to militant movements) are rapidly decreasing. Prabhakaran’s movement had scarified a whole generation of youth in recruiting even children as `child soldiers’, equipped even with a cyanide capsule for killing themselves. This too is an extension of the Thileepan sacrifice of life that Prabhakaran insisted and assiduously instilled even into women cadre by Adel Balasingham. In addition, there is a constant emigration out of the North and East into the diaspora at a rate greater than for the Sinhalese and Muslim communities.

While there is much emphasis on the violent rhetoric of the “Bodu Bala Sena” in the south, there is little mention of the “Siva Senai”, “Ravana Senai” and the “Rudra Senai” that have been violently active in their rhetoric in the North and in the Eastern province. The “Rudra Senai”, founded in 2016, has an openly anti-Muslim violent objectives that the Bodu Bala sena has also imitated.

Having sapped the Tamil demographic and given the average TFR of other communities, Tamils may run the risk of losing the limited political power that they hold today, a consequence of the disastrous political decisions they made in the 1970s.

Note: The 1977 elections overwhelmingly voted in the TULF, which became the leading opposition party. The TULF campaigned using the Vaddukoddai resolution. Its total vote was only 7% of the voting population of the country. It carried most of the votes in the North, but failed to capture a lead in the Eastern province. The Colombo Tamils did not support the LTTE at that time. A strong shift in favour of the LTTE occurred after the 1983 Black July pogrom.

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Midweek Review

MoU with SAU is an Institutional misstep for RCSS

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Disintegrating Regionalism:

Some weeks ago, I saw grainy photographs circulating on social media of individuals from Colombo’s Regional Centre for Strategic Studies (RCSS) and New Delhi’s South Asian University (SAU) holding up what appeared to be a document, with the caption that the two organisations had signed a Memorandum of Understanding. Ordinarily, it ought to have been a celebratory moment for regional academic cooperation in research and publication. RCSS was conceived in an era when South Asian multilateralism held genuine promise while the latter came into being when these ideals were deteriorating. In any case, theoretically at least, such institutional linkages are usually meant to foster cross-border dialogue, trust, and shared intellectual rigor.

Unfortunately, however, this specific partnership arrives at a time when both institutions have fallen from their apex. As such, far from indicating a synergy of intellectual powerhouses, the pact resembles an alliance of convenience born out of necessity in an era of institutional decline. It raises urgent questions about what SAU seeks to salvage, and why RCSS would risk mortgaging what remains of its institutional capital.

The Anatomy of Dual Decline

To understand the true sense of this MoU, one must confront the ground reality of the two signatories.

Once a vibrant, premier Colombo-based think tank that catalysed Track II diplomacy and groomed a generation of security analysts across South Asia, RCSS has long since drifted from its zenith. It was the organization that offered me my first research grant to conduct field research in Kathmandu and Colombo at the height of its reputation and much later I served on its International Research Committee. Sadly now, beset by structural funding cuts, inability to attract and retain bright young minds, and an inability to consistently attract top-tier researchers or groundbreaking projects, it has operated in a lower gear. Of late, it has mostly focused on presenting lectures by visiting academics and diplomats who happen to be passing through Colombo. Yet, despite its diminished intellectual output and stature, RCSS has largely retained a relatively benign, independent public image in Sri Lanka.

Conversely, South Asian University, which I helped establish and was part of for over a decade, was initiated as an ambitious joint enterprise by SAARC member states. It was expected to be an ivory tower intended to embody a pluralistic, pan-regional ethos offering high-quality advanced training to young people across the region. For about nine to ten years since its inception, it lived close to its expectations and became an institution of repute which nevertheless had a long way to go. Today, that founding vision and the initial success stories have been dismantled. SAU has suffered an acute institutional decline, increasingly marred by internal controversies, a chilling erosion of academic freedom, a student-unfriendly administrative climate, and troubling governance optics. More critically, its once-celebrated regional cosmopolitanism has given way to a heavily domesticised, north Indian majoritarian administrative and cultural ethos in terms of funding, staff and student recruitment, programming, and public persona. My interest in the news of the MOU between the two organizations came mostly from my close association with and observation of the two over a long period of time.

The MoU’s Strategic Use for SAU

For the India-dominated administrative and academic apparatus steering SAU at present, this partnership has little to do with rigorous strategic studies. Instead, it has everything to do with reputation laundering.

As SAU’s regional credibility has frayed, alienating scholars of repute who now view it as an extension of a singular national-project spearheaded by parochial Indian nationalist interests rather than a multilateral SAARC institution, it faces a severe legitimacy crisis. That it is legally and formally still considered a SAARC organisation is irrelevant. If RCSS wanted a sense of SAU’s reputation, all it needed to do was to undertake a simple online search. Even easier would have been to request one of the many freely available Generative AI programs if SAU has a sound reputation for academic freedom, student services and intellectual output. When I posed the question as to what concerns a Colombo-based think tank — I purposely did not refer to RCSS — should bear in mind when considering signing an MOU with SAU, one of the artificial intelligence programs I consulted offered the following summary assessment: “the central problem is not that RCSS has chosen to cooperate with an India-based university. It is that RCSS has chosen a partner whose recent institutional record raises fundamental questions about the very principles of critical inquiry, academic independence and regional intellectual dialogue that the agreement ostensibly seeks to promote.” Intriguingly, it actually referred to RCSS even though my query did not.

It is truly unfortunate that RCSS did not even undertake an exercise this simple despite being a think tank and a research organisation for strategic studies. However, by partnering with external organizations such as RCSS, particularly those in neighboring capitals like Colombo and touting these events across social media, SAU attempts to project an illusion of ongoing regional connectivity and academic vitality, which does not exist in reality.

It is in this context that one can understand the numerous requests for assistance regularly sent by students facing extreme difficulties in the university to officers in the foreign services of South Asian countries, regional University Grant Commissions or their equivalents, journalists and political leaders offering evidence of grievance. Obviously, this results from the fact there are no acceptable systems of grievance redressal within the university. As a constant, these emails flag what appear to be real student concerns as neither SAU nor the governments of the countries that ostensibly fund it care for their wellbeing. In a September 2024 interview, I described this situation in SAU as similar to “a concentration camp” where people had “no rights” and the institution itself had “no sense of ethics or propriety.” It is therefore extremely regrettable that RCSS has signed an MOU with this entity.

The RCSS, with its once-reputable legacy of research and dissemination and unblemished public standing in Sri Lanka, serves as a convenient vehicle for SAU’s image rehabilitation. It is apparent that SAU has recently launched a campaign to collect MOUs from all kinds of sundry organizations across the world and to invite mostly Indian-diasporic actors from such institutes in the West to visit the university. This effort allows SAU to signal to the academic world that it is still actively engaged in regional and global outreach and scholarship despite the converse being the reality. In this context and with particular regard to RCSS, SAU is effectively utilizing the historical reputation of a Sri Lanka-based think tank to mask its own domestic and institutional controversies. In short, SAU gains a veneer of internationalism or regionalism which it has largely forfeited at home.

What RCSS Stands to Gain — and Lose

For RCSS, the reputational ledger is unfortunately far more lopsided. What can a Colombo-based institution genuinely gain from an arrangement with an entity weighed down by systemic institutional baggage including corruption, compromised academic freedom, and an insular overly India-centric bureaucratic culture despite claims of South Asian regionalism?

The answer is, nothing of enduring intellectual value.

While RCSS may harbor quiet hopes that aligning with a heavily resourced SAARC institution might alleviate its own chronic funding constraints or inject momentum into its depleted programming, the price tag is too exorbitant. For one thing, SAU is no longer effectively SAARC, but practically North Indian and very much Hindu in its orientation.

The latter reality is exemplified by the fact that the University now hosts a Hindu temple in its premises — a demand that was resisted from within for a long time, and also has no religious edifices for other South Asian or Indian religions. By hitching its wagon to an institution widely criticized for stifling dissent and abandoning its multilateral mandate, RCSS trades away its most precious remaining asset: its independent reputation.

Ultimately, any kind of association is a form of endorsement and a considered choice. When a historically respected independent entity in our country chooses to validate an utterly compromised institution in India, it signals to the broader regional and global academic community a critical indifference to institutional decay and governance failures. If RCSS was seriously interested in having an MOU with an Indian institution of repute, that country offers plenty of options that would be worth considering despite their relative decline in the recent past. There likely would have been positive consideration from these institutions too, given RCSS’s reputation, if approached through correct channels.

The Case for Withdrawal

Institutions, much like governments, are ultimately judged by the company they keep. For an entity with a track record in strategic studies, this should have been self-evident. For RCSS, clinging to a partnership with the highly problematic SAU does not offer even marginal, short-term institutional or intellectual sustenance. Besides, the MoU signing and its broadcasting across social media comes at the catastrophic cost to its long-term integrity.

To safeguard its legacy and self-respect and any future potential to reinvent itself as a genuine, objective voice on South Asian strategic studies, RCSS must exercise courage with intelligence. It should critically review this engagement, which has seemingly been undertaken without due diligence, hurriedly and on compromised advice. That review should be far more realistic and objective in the context of publicly available information on SAU’s decline and consider a clean withdrawal from the MoU. A once elite member of Colombo’s intellectual community cannot afford to lend its fading historical prestige to whitewash the systemic failings of a once great South Asian project that has by now completely lost its way. If RCSS wishes to reclaim its stature, it must link its future to transparency, academic freedom, and partnerships of true substance — not cast its lot with sinking ships.

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