Features

Healing the nation – A question of leadership

Published

4 years ago

2023/01/1

Thilina Walpola

Deshamanya Dr P.R. Anthonis Memorial Oration

by Dr Nihal Jayawickrama

I am deeply honoured by the invitation of the Lanka-Japan Friendship Society to deliver the Deshamanya Dr P.R. Anthonis Memorial Lecture this evening. I was intrigued by the subject that was assigned to me, since a surgeon’s approach to healing a patient is usually to cut and remove a part of his or her anatomy. I wondered whether I was expected to advocate the same approach to healing the nation.

Coming, as I do, from a family of lawyers, with only one doctor of medicine produced in several generations, it was my brother who knew and worked with Dr Anthonis over many years. Dr Anthonis was one of a small group of brilliant surgeons of the 20th century that included Dr Noel Bartholomeusz and Dr M.V.P. Peries. I have had the good fortune never to have been subjected to Dr Anthonis’s scalpel, but I have had the privilege of meeting him socially, and he always treated me with the utmost kindness. To the memory of that remarkable surgeon, I dedicate my own thoughts on the subject I propose to address, with respect and affection.

‘Healing the Nation – A question of leadership’ immediately raises the question: what is expected of a political leader in a democratic society? Should the leader reflect the views, the fears and the prejudices of the electorate to which he has to return for re-election; or should he determine a path according to his own vision, his own values and his own judgment, and endeavour to lead his electorate along that path? President Jayewardene ruminated on this issue some years after he had left office and wondered how long one could go along with the wishes of the electorate.

A military leader does not have to worry about that, but a democratic leader must because the electors are his main and only support. It was difficult to be re-elected unless the leader continued to enjoy the support of those who had placed him in that position. However, he was willing to make an exception in regard to economic matters where external factors often determined what could or could not be done, however much that might displease the electorate. Incidentally, he had some sound advice for those aspiring to be leaders. Politics, he said, was a “stayers’ race”; a race where a man or woman who does not try to kick his neighbour or jump over him, but stays on till all the others disappear, wins the race. Therefore, he advised aspirants for political leadership that good health was vital: “look after your kidney, nurse your heart, eat little, don’t exercise too much, and in the end, you win the stayer’s race and you become the leader”.

Not being a politician, and not intending to be one at this stage of my life, I am free to disagree with President Jayewardene. I believe that a leader must possess a vision that he pursues with wisdom and integrity, and it is his responsibility to convince his electorate that he is on the right path. At the height of the American civil war, when things were not going well for the North, Abraham Lincoln was advised that he might need to compromise on slavery. Lincoln held firm on the issue of abolition. More recently, Nelson Mandela’s decision to be magnanimous in victory must have enraged tens of thousands of black Africans who had been subjected to oppression and brutality at the hands of the previous white apartheid regime. Yet, both Lincoln and Mandela achieved peace in their respective countries. That, in my view, was the result of leadership.

To establish the parameters for my presentation, I need to define the expression “healing the nation”. To heal is to mend, to reconcile, to rectify, or to restore. It presupposes that the nation is wounded, hurt, or broken. In this context, “the nation” must mean Ceylon or Sri Lanka. However, about a 100 years ago, Anagarika Dharmapala began writing aggressively of the “Sinhala nation”, and in course of time “Sinhala” became the equivalent of “jathiya” or “Lankika”. In 1944, the Communist Party made the first reference to the “Tamil nation”, a term that was finally affirmed in the Vaddukoddai Resolution of 1976.

In the contemporary world, this is not a matter for any real concern. For over several centuries “English” was synonymous with “British”, but today, the nation known as “Great Britain” comprises at least three nations: the English nation, the Scottish nation, and the Welsh nation. Each has a distinct language, religion and a proud culture. Scotland and Wales have their own legislative assemblies and are represented in Westminster in both the Parliament and the Cabinet. Together with Northern Ireland, these three nations constitute the United Kingdom. Similarly, the nation of Sri Lanka includes the Sinhala nation and the Tamil nation and several other communities, and it is to the break-up of that nation that I now turn.

THE BREAK-UP OF THE NATION

When did the break-up of the Sri Lankan nation occur? I would submit that it was not a single event, but a series of events that led to the nation being wounded, hurt or broken. In the first quarter of the 20th century, all the different ethnic communities stood together as Ceylonese in agitating for constitutional reform. However, with the introduction in 1931 of universal adult franchise, and with impending self-government, it was natural that minority communities would become apprehensive of majority rule. There was cause for this. The Sinhala Maha Sabha, established by S.W.R.D. Bandaranaike in 1937, was already engaged in creating a national consciousness among the Sinhalese. Meanwhile, following the election of the second State Council in 1936, the Sinhalese members, together with the European members, succeeded in electing a Board of Ministers that was exclusively Sinhalese – the so-called “Pan-Sinhalese Board of Ministers”.

The 1946 Constitution

The fears of the minority communities were set at rest by the Soulbury Commission which recommended the inclusion in the constitution of a package of safeguards. These were:Multi-member constituencies in those areas in which a substantial racial or religious minority lived.Six nominated members of the House of Representatives to represent any inadequately represented interests.

The Senate, which would serve the minorities as an instrument for impeding precipitate legislation, as well as a forum for handling inflammatory issues in a cooler atmosphere.An independent Public Service Commission which would guarantee strict impartiality in public appointments.A prohibition on Parliament from enacting any law which seeks to make persons of any community or religion liable to disabilities or restrictions to which persons of other communities or religions were not made liable, or to confer on persons of any community or religion any privilege or advantage which was not conferred on persons of other communities or religions.

The Privy Council observed that these safeguards in the 1946 Constitution represented “the solemn balance of rights between the citizens of Sri Lanka, the fundamental conditions on which they accepted the Constitution; and these are therefore unalterable”.

At the conclusion of the first general election of October 1947, D.S. Senanayake, the leader of the newly formed United National Party which secured 42 of the 95 seats, formed a 14-member Cabinet in which he included two independent Tamils elected from the northern province: C. Sittampalam from Mannar, and C. Suntheralingam from Vavuniya, and one Malay, T.B. Jayah, from Colombo. Was the formation of this multi-ethnic Cabinet an act of leadership on the part of D.S. Senanayake, designed to consolidate the multi-ethnic, multi-religious and multi-linguistic nation of Ceylon? Or was it an act of political expediency to convince the British Government that the fear that the minorities entertained of majority rule no longer existed, and that Ceylon was ready and equipped for independence? I am inclined to the view that Senanayake, during whose tenure our national flag was designed and adopted, and who steered clear of language and religious issues, truly desired to maintain the equilibrium of a multi-ethnic state.

On February 10, 1948, Sir Oliver Goonetilleke, presenting an Address of Thanks on behalf of the Senate to the Duke of Gloucester who had opened the first Parliament of Independent Ceylon, exclaimed:

“We are of many races – Europeans, Indians, Burghers, Malays, Moors, Tamils, and Sinhalese. We are of different religions – Muslims, Christians, Hindus, Buddhists. We have majorities and minorities. We have, however, been in the past, and we shall be in the future, one nation”.

As a 10-year-old Royal College scout “on duty” outside the specially constructed Assembly Hall, and where the Independence Hall now stands, I was present and saw and heard Sir Oliver express that optimistic hope, although I may not have understood much of what he said.

However, on that February day, I returned home and did two things. I made a replica of the Assembly Hall using cardboard strips and colourful chocolate paper as a substitute for the ralipallan. I also began maintaining scrap books in which I pasted the newspaper reports of that event, and thereafter of all the significant events in the country, including the regular Miss Ceylon contests.

Unfortunately, in that “one nation”, the critical events that followed Independence were often determined by political expediency. This was in sharp contrast to the policies of Lee Kuan Yew who created one of Asia’s most peaceful and prosperous nations out of what he described as “a polyglot collection of migrants from China, India, Malaysia, Indonesia and several other parts of Asia”. In barely 30 years, Sri Lanka’s political leaders caused the disintegration of a nation which at Independence had solid foundations of freedom, perhaps more than any other British colony.

Citizenship and Franchise

The new nation’s first target was 211,915 registered Indian Tamil voters. As British subjects who had been continuously resident in Ceylon for at least five years, they were eligible to vote. At the 1947 general election, apart from electing seven candidates of the Ceylon Indian Congress, they had helped to secure the victory of 15 1eft-wing opposition candidates as well. It became a matter of priority for the Government to disenfranchise the Indian Tamil population. Accordingly, Parliament enacted a package of laws which had a profoundly debilitating effect on that community.

The Citizenship Act 1948 established the principle of citizenship by descent, and not by birth, by requiring proof of birth in Ceylon of one’s father, or paternal grandfather and great-grandfather. It thereby deprived the plantation Tamils, 12 per cent or an eighth of the country’s population, of their citizenship. The Indian and Pakistani Residents (Citizenship) Act 1949 made it virtually impossible for them to obtain citizenship by registration since it required proof of uninterrupted residence in Ceylon in the previous 13 years. The Ceylon Parliamentary Elections (Amendment) Act 1949 deprived those who were not citizens of their right to vote, thereby ensuring that by the time of the next general election of 1952, the number of Indian Tamil voters in the seven plantation area constituencies was reduced from 162,212 to a mere 3,191. It became impossible for that community to secure even a single seat in Parliament.

Did the Citizenship Act discriminate against the Indian Tamil community? In my view it did. However, when section 29 of the Constitution was invoked, both the Supreme Court and the Privy Council retreated. In what bore the stamp of classic political judgments they upheld the Act on the ground that it was “a perfectly natural and legitimate function of the legislature to determine the composition of its nationals.” While that may well be so, our Constitution provided that in performing that function, Parliament must not discriminate against a particular community already resident in the country. A million people were thereby rendered stateless.

The problems created by the presence of the Indian Tamils were, of course, sensitive and emotional. Even almost 30 years later, Hector Kobbekaduwa would exclaim, with reference to the 1947 general election:

With universal franchise, the constitution makers thought that the inarticulate peasantry should have their own representatives. But unfortunately, in the hill country, the change was from clay to fire. The Peri Sunderams, the Vythialingams, Natesa Iyers and Fellows-Gordons, and later the Thondamans and Jesudasans and other political adventurers, were swept into power in our areas through the Indian votes. It was a hopeless situation for us. We screamed for justice.

Marginalizing the Tamil community

The substantial disintegration of the nation, however, occurred with a series of politically expedient measures taken by successive governments which were directed at, or had the effect of, marginalizing the Tamil community. These were political decisions that were thought to appeal to the majority of the Sinhalese electorate who believed, as the Mahawamsa claims, that the passing away of the Buddha synchronized with the founding of the Sinhala race; that Sri Lanka was a “Dhamma-dweepa”, a nation brought into being for the specific purpose of keeping alive the message of the Buddha; and had for centuries harboured a historical, yet often dormant, grievance against the Tamils for having settled in a part of this “Dhamma-dweepa”.

One of the earliest of such measures were the government initiated and funded colonization schemes, which at the time appeared to be both timely and desirable. However, they resulted in Sinhalese families from the south being settled in the sparsely populated dry zone in the eastern, north-central and northern provinces. This was viewed by the Tamil community as a diabolical attempt to dilute the Tamil presence and seriously alter the ethnic composition in those provinces. It was argued by Tamil politicians that the government should have first invited the people of the provinces where lands were being distributed to come forward as recipients. Thereafter, people from the other areas would have had their share if there was sufficient land to distribute. This policy, which altered the demographical pattern that existed at the time of Independence, was to lead to violent ethnic conflicts in the colonized areas in later years.

The division of the Sinhalese from the Tamils, commencing at a very young age, began with the implementation of the policy to replace English with Sinhala and Tamil as the medium of instruction in schools. I was fortunate to have entered the primary school before this policy was introduced, and to have had the opportunity to go through school life in the company of fellow students from all the communities and to understand and appreciate their cultures, their strengths, their weaknesses, and their idiosyncrasies. To segregate children from a very young age based on their language was to ensure a permanent division between the two communities through life, with little or no opportunity to interact and understand each other.

That division was compounded when the SLFP and the UNP changed their language policies to that of Sinhala Only as the official language, repudiating one important element of the 1946 constitutional settlement on the basis of which the minorities had agreed to subject themselves to majority rule. For generations, the government clerical service had been a popular outlet for the educated Tamil youth who did not aspire to a university education but sought a habitation and a source of income away from the arid soil of his northern home. He or she was now required to qualify in Sinhala to enter, and thereafter to progress in, the public service.

Between 1977 and 1981, Tamils secured only 4.9 per cent of the vacancies in the government clerical service as against 93.6 per cent for the Sinhalese. The plight they now faced became evident from the case of Kodeeswaran, a Tamil who had been appointed to the General Clerical Service in 1952. He had successfully moved up the salary scale from Rs.1600 to Rs.3780 per annum by regularly passing proficiency tests in Tamil. In 1962, he was denied his increment because he did not present himself for the proficiency test which was now conducted in Sinhala. Many hundreds of Tamil public servants almost certainly found themselves in the same predicament as Kodeeswaran.Kodeeswaran challenged the Official Language Act in the District Court of Colombo. Mr O.L.de Kretser, District Judge, in a carefully considered judgment observed that:

If the members of each community were able to speak, read and write the language of each of the other communities, then it is obvious that the selection of the language of one community as the Official Language could not cause any handicap to the members of the communities whose language was not chosen, however much they resented the fact that their own language was not given pride of place. But every community in Ceylon is not literate in the language of the other communities, and the selection of the language of one community must cause at least inconvenience, if not disability, to the communities who are not literate in that language.

While observing that it was a legitimate function for Parliament to decide in what language official business should be carried on, he concluded that the Act nevertheless gave advantage to one community which the other did not have. Accordingly, he held the Official Language Act to be an infringement of section 29 of the Constitution, and therefore void. Once more, the Supreme Court retreated. Chief Justice H.N.G. Fernando avoided the substantive issue and held instead that a public servant in Ceylon had no right to sue the Crown for the recovery of his wages. On appeal to the Privy Council, the Chief Justice’s judgment was declared to be wrong, and the case was returned to the Supreme Court to address the substantive issue. For some inexplicable reason, the appeal was not listed for hearing until the Official Language Act was incorporated in the 1972 Constitution.

The 1972 Constitution marked the crucial decisive stage in the disintegration of the nation. The 1946 constitutional settlement was unilaterally abrogated. The Senate, the nominated members in the House of Representatives, the Public Service Commission, and the section 29 prohibition of discriminatory legislation were all omitted in the new Constitution, along with the judicial review of legislation. Sinhala was granted constitutional status, and Tamil was described as the language of translation. The issue of federalism was not even allowed to be raised. The Federal Party withdrew from the Constituent Assembly because they believed that they were unable to influence in any effective manner the course of its proceedings.

The most untimely introduction in the 1970s of a policy of standardization in respect of university admission was perhaps the final straw. Intended to secure a more equitable distribution, language and district-wise, of the limited number of places available in universities, it resulted in a large number of Tamil students being denied admission to the universities. The effect of this policy, and the enormity of the injustice it caused to the Tamil community, raised this issue to the level of a major human rights problem.

For instance, in 1975, the admissions on a district basis into the medical faculty were 29 from Galle and 29 from Jaffna, whereas on the basis of merit only 18 had qualified from Galle as against 61 from Jaffna. Similarly, on a district basis, Galle and Jaffna each secured 20 places in the science and engineering faculties, while on the basis of merit, 24 should have entered from Galle and 56 from Jaffna. Nothing could have been more frustrating to the educated Tamil youth than his inability to enter the stream of higher education owing to standardization and be diverted away from the mainstream of life in the country. This feeling of despair and non-fulfilment contributed immensely to the emergence of a militant youth movement. The drift to separation was now both rapid and intense, and accompanied by increasing violence. On 27 July 1975, masked gunmen shot and killed 48-year-old Alfred Duraiyappah, the SLFP Mayor of Jaffna.

The Vaddukkodai Declaration

One year later, at Vaddukkodai, on 14th May 1976, the Tamil United Front, together with the Muslim United Front, declared that:

The Tamils of Ceylon, by virtue of their great language, their religion, their separate culture and heritage, their history of independent existence as a separate state over a distinct territory for several centuries until they were conquered by the armed might of the European invaders, and above all, by their will to exist as a separate entity ruling themselves in their own territory, are a nation distinct and apart from the Sinhalese.

It was indeed ironic that Dr Colvin R. de Silva, the architect of the Constitution that abrogated the 1947 constitutional settlement, should have anticipated that this would happen. Addressing Parliament twenty years earlier this is what he predicted:

Do we, does this House, do our people want two nations? Do we want a single State, or do we want two? Do we want one Ceylon, or do we want two? And above all, do we want an independent Ceylon which must necessarily be a united and single Ceylon, or two bleeding halves of Ceylon which can be gobbled up by every ravaging imperialist monster that may happen to range the Indian Ocean? If we come to the stage where, instead of parity, we, through needless insularity, get into the position of suppressing the Tamil people from the federal demand which seems to be popular amongst them at present – if we are to judge by electoral results – there may emerge separatism.

(To be continued next week)
(This is a slightly condensed version of a speech delivered in Colombo in May 2016)

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Features

Day of Judgements and Political Fallouts

Published

42 mins ago

2026/09/27

Thilina Walpola

Supreme Court

Rajan Philips

The second anniversary of Anura Kumara Dissanayake’s election as President has come and gone, but not before getting marked by a spate of judgements delivered and announced on a single day following the anniversary. Far away in New York, it has been a week of speeches by state and government leaders making their pilgrimage to the 81^st Annual Sessions of the United Nations that is entering its ninth decade. President AKD did not make the trip this year to the UN Sessions, which are now reduced to being a convenient meeting place for world leaders to hold sideline meetings on bilateral as well as other contentious matters.

Sri Lanka is not in the crosshairs of any such contentions, but there are enough internal crosshairs that the NPP government and a feckless opposition are constantly trying to avoid. The day of judgements too has come and gone. All in all, it was a good day for the NPP government, at least in the sense that the government suffered no reputational damage from any of the three judgements. There were two Supreme Court rulings, one on the bill for the 22^nd Amendment to the Constitution and another on the constitutionality of the Anti-Corruption Amendment Bill. The third court ruling was the verdict given by the Colombo Permanent High Court following the Trial-at-Bar of 24 people accused for their role in the 2019 Easter attacks.

Easter Justice

The three trial-at-bar judges, Navaratne Marasinghe, Ramanathan Kannan and Sujeewa Nissanka, reached a unanimous verdict and found 15 of the accused guilty and found the other nine not guilty and released them forthwith. The accused were spared of the death sentence, but the lengths of rigorous imprisonment sentences are just as bad. One was sentenced to 260 years, four got 240 years each, five 220 years, and another five 200 years. In addition, the court ordered the instant confiscation of the movable and immovable assets of all 15 found guilty.

The verdict marks a substantial milestone in the search for justice on behalf of the victims of the Easter attacks. The government can claim some political credit for the conclusion of the trial after seven years of fits and starts, and high level stymying under three presidents who preceded President AKD. Much greater credit of course belongs to the hundreds of law enforcement officials who built up a mammoth case of 23,270 charges against 25 suspects (one of whom died in hospital during the trial) and won convictions of 15 of them.

But this is not the end of the journey for those seeking Easter justice based on the whole truth. There are other trials going on and the elusive mastermind is yet to be found. Mohammed Ibrahim Mohammed Nawfar (alias Naufar Moulavi) is one of the 15 convicted by the Permanent High Court. Naufar Moulavi was identified in May 2021 as the mastermind by the Gotabaya Rajapaksa government. The government claimed that FBI investigation had confirmed it. This claim is not supported by the FBI affidavit filed by agent Merrilee R. Goodwin in a US Court in California, in December 2020.

The purpose of the FBI affidavit was to support the indictment of Mohammed (Moulavi) Naufar, Mohamed Anwar Mohamed Riskan and Ahamed Milhan Hayathu Mohamed “for conspiring to provide, providing, and attempting to provide material support to a foreign terrorist organization, namely ISIS” (Islamic State of Iraq and al-Sham), in violation of US laws. But neither Naufar nor the other two were identified as masterminds. The only mastermind identified in the affidavit is “Jahran Mohamed Cassim, also known as (“aka”) Mohamad Cassim Mohamad Zahran, aka Zahran Hashim (“Zahran”). Zahran killed himself in the suicide bomb he detonated, along with scores of victims, and spared himself from earthly trials.

To close the loop on this, the three men identified in the FBI affidavit, namely, Moulavi Naufar, Mohamed Riskan and Ahamed Milhan, are among the 15 convicted by the trial-at-bar High Court. But their conviction does not bring closure to the enduring question whether there was a political mastermind(s) behind the 2019 Easter attacks. There is still no clarity on what the former Attorney General Dappula De Livera publicly alluded to as evidence of “a grand conspiracy behind the attacks that killed 269 people and injured over 500.”

That was on 18 May 2021, and the statement was a follow up to the letter that Mr. De Livera had written on the state of the police investigations, to then Inspector General of Police (IGP), the late C. D. Wickramaratne. Mr. De Livera soon went on to retire after a remarkable prosecutorial career, and reportedly turned down the government’s offer of appointment as High Commissioner to Canada. Mr. Wickramaratne himself has since died under rather tragic circumstances.

Those who allege that the Catholic Church is making unproven allegations about Easter attacks masterminds, conveniently gloss over the fact that the Church is not accusing anybody of being a mastermind, but is only asking for a thorough inquiry that will put to rest, once and for all, the perennial question about the Easter mastermind. The difference now is that after suffering frustrations with three presidents and their governments, the Church is experiencing a positive response from the current president and his NPP government.

Amendment Politics

Aside from the lawfare politics of the Easter attacks, the politics of the 22^nd Amendment to the Constitution is running its course after the Supreme Court ruling that a referendum is not required for the amending bill to become law, but only a two-thirds majority in parliament. The ruling was widely expected but not because of some ‘fix’, but because it would have been silly to find a judicial reason to have a referendum on the retirement ages of judges. This is not to absolve the government for its missteps on this matter and for putting everyone through months of constitutional contortions. Rather it is to highlight the absurdity of getting exercised virtually over every constitutional amendment and insisting that enacting the amendment without a referendum is tantamount to an assault on democracy. The referendum requirement has become a constitutional curse.

The 1972 Constitution of the First Republic had a very straightforward amending procedure with no referendum requirement, so straightforward that JR Jayewardene was able to throw out a whole (1972) constitution lock, stock and barrel, and replace it with his new constitution of a totally different (presidential) persuasion, simply through a parliamentary select committee process and a two thirds majority in parliament. No one called for a referendum to justify so momentous a change, but now a referendum is required to determine at what age a superior court judge can retire. Nonetheless, as President Jayewardene’s admirers and followers celebrate his 120^th birth anniversary, there is no gainsaying that regardless of whether one agrees or disagrees with his presidential achievements and legacies, JR Jayewardene was without question the most consequential political leader of Sri Lanka in the 20^th century.

In the 21^st century and on the 22^nd amendment, with no referendum required, the Bar Association is changing tack and calling on parliamentarians to vote with their conscience, without toeing the party line. After Friday’s vote, it may want to poll the MPs to find out who among them voted listened to their conscience, and who toed the party line. The Association may be having a difficult time going through the withdrawal syndrome after months of heightened exertions. As for the opposition and Sajith Premadasa, the latter has simply promised that a future SJB government will repeal the 22^nd Amendment. To what end? To reenact another episode of confusion and distraction.

An Economynext commentator has described the Supreme Court ruling on the referendum requirement for 22A, as being “surgical in its constitutional analysis.” Well said. The ruling plausibly addresses every good and bad argument that was flung at the judges and demonstrates, citing copious precedents, that at the end of the day, no matter who the individual judges and their abilities are, and what anyone thinks of them, the ‘Court’ can find its collective voice and express itself with clarity and authority.

The same Economynext commentary interprets the 22^nd Amendment as “a foundational prerequisite for operationalizing the newly enacted, stringent Anti-Corruption Act, which is a key commitment of the government era for the IMF.” The commentary suggests that “multiple clauses in the 22nd Amendment are designed to satisfy governance and anti-corruption structural benchmarks within the ongoing IMF Extended Fund Facility (EFF) agreement.” While noting the risk of scaring investors who might view 22A as being anti-democratic and antithetical to judicial independence, the commentary goes on to opine that the passage of 22A combined with a strong and systematic anti-corruption drive could be a boost to investor confidence, especially in the critical sectors of logistics, renewable energy and technology.

The above is an interesting interpretation even though I am not sure whether anyone associated with the government has formulated the intentions of the 22^nd Amendment quite this way. Objectively, the argument is plausible and will justifiably rile the ire of the left opposition to the NPP government and its inclination towards the IMF. At the same time, there is no mistaking the government’s intention and determination to fight corruption in politics and public life. Apart from, or rather as part of, its arresting politics, the government is also going ahead with the passage of the Anti-Corruption (Amendment) Bill, which too has had its determination by the Supreme Court, albeit by a different three-judge Bench, almost concurrently with the 22A ruling by the five-judge Bench. The Supreme Court’s determination on the Anti-Corruption Bill was triggered after it was challenged by Transparency International Sri Lanka.

But unlike the SC ruling on 22A, the ruling on the Anti-Corruption Bill singles out a provision as requiring approval in a referendum for its enactment. The provision involves Clause 17 of the Bill which elevates the bail granting threshold for determination by a High Court and not a Magistrates Court as currently practised. The subject offence involves a bribe not less than Rs. 100,000, or causing a government loss of not less than Rs. 500,000. The Court held that such a change infringes the fundamental rights of citizens against arbitrary detention and will require a referendum approval. The Bill of course could be passed without a referendum after removing the specific provision. Remarkably, the government argued that the proposed amendments to the Anti-Corruption Act are necessary to remove current bottlenecks, achieve conformance with UN standards, and comply with the IMF program in Sri Lanka.

Features

Father’s horoscope reading on the worst time in my life seemed coming true

Published

57 mins ago

2026/09/27

Thilina Walpola

Vidyodaya University

Little breathing space between papers at the final exam and my mind goes blank answering Sinhala paper

(Excerpted from The Art of Governance, autobiography of MDD Pieris)

Then came the final blow. When the time table for the final examination was out, I discovered that I would have to answer all my nine papers, of three hours each at one continuous stretch without even a half days break! I was due to answer the European history paper one afternoon; then go on next morning to British history; afternoon to Ceylon history; the next morning to English Poetry; afternoon to English drama; the following morning to English prose; and that same afternoon to suddenly switch from thinking and writing in English to thinking and writing in Sinhala, answering the first of the three papers in Sinhala, with the other two coming morning and afternoon the following day! Several of my friends urged me to go and speak to the university administration about a change, but at the same time, others who had had difficulties and sought recourse reported that they were rather rudely treated by the officers concerned.

This deterred me from going. I was a polite person by nature and just as in the case of Mr. Athulathmudali about whose insistence on politeness I have already written about, I too resented the prospect of being treated rudely. Therefore, I decided, quite foolishly no doubt, and come what may to go through and sit for the nine papers in four and half continuous days. Thus began the most difficult and harrowing period of my life, a period even worse than the experience at the university entrance examination.

In that instance, there was certainly disappointment and frustration but since I was attempting a near impossibility, there was less stress because mentally I was prepared for failure. This was reflected in a reasonably good appetite, and the ability to sleep. This time, at the final examinations, I lost both. Normal eating was impossible. My stomach was in knots. I just went through the motions and nibbled something and basically sustained myself with a combination of powdered milk and Ovaltine. Sleep became disturbed. After six hours of strenuous concentration a day answering question papers, there was little the mind could absorb by way of preparation for the next day.

During the day, nothing was possible since the morning’s paper was over at noon, and by the time you walked back from the Arts block to Marrs Hall just to look at the food and freshen up and then walk back to the examination hall to be there about 10 minutes before the 2 p.m. start of the next paper, there was neither time nor inclination to look at or absorb anything. I did try to look through whatever I could for the next days two papers during the night whilst keeping in mind the necessity to get some rest and sleep. Therefore, I did try to get six hours of sleep in the night. But it turned out to be an unhealthy and disturbed sleep leaving you not fresh, but jaded in the morning.

The mind was overactive. By this time, the numbers in the hall had dwindled due to the vacation. Only the few sitting for their final examination were in residence, and they were busy with their studies. There was therefore also a sense of loneliness and isolation prevailing. Added to all this was the horrible thought of failing and having to repeat all nine papers the following year. One had very much to try to find some degree of good cheer from within one’s own resources. Given my predicament I had precious little of that.

In these almost nightmarish conditions, I struggled through eight of the nine papers. The last paper during the final afternoon was the third paper in Sinhala literature, which was on prose. I still have a vivid memory of that afternoon. Rain clouds were building up and as we got down to answering the paper, it was getting quite dark. The lights shone brightly in the examination hall. There were five questions to be answered and I had just finished answering one, and had barely started on the next, when my mind went completely blank. I have never experienced such a thing before or since. The thinking processes suddenly stopped as if a plug had been pulled out from an electricity supply. I was in the middle of a sentence, I found impossible to complete. It was total disconnection.

There was just nothing I could do except to lay down my pen and gaze out of the window. There were two things in my favour at this critical moment. I possessed a temperament that didn’t panic easily or once embarked on a course, give up easily. I therefore calmly decided to stop trying to struggle, and relax. I was aware that precious minutes were ticking by. But I knew that what could not be cured must be endured, and that any attempt at force and struggle would only serve to aggravate the situation. That part of my mind was clear and rational. I spent almost 20 precious minutes doing nothing. Then gradually I found that I was able to focus once again.

I cautiously and with a degree of fear took up my pen and leaving room to complete the question I had begun to write on, started on a new question. The ideas flowed once again. I had however to be careful. There was no guarantee that everything would not come to a stop once again. I had already lost valuable time. Any further problem now would be the end of the paper and the end of perhaps the whole examination. I therefore deliberately slowed down my pace of writing and wrote slowly and steadily not pushing myself.

When the time came for the papers to be collected I had been able to answer only three out of the five questions in full. For the balance two, I was only just able to write down a few points. Answers in continuous prose were not possible. Up to this time, I had hope of at least passing the whole examination and obtaining my degree. Now, I was not so sure. There was a distinct possibility, I would fail the last Sinhala paper.

The next day I went home to Colombo, utterly drained. It appeared that my father’s prediction after reading my horoscope was not only accurate but frighteningly so. I too believed with him that there could not possibly be a worse period in the future. Starting from the stress of suddenly having to change schools in mid university entrance course to the end of my participation in school cricket through contracting measles, to the enormous trials and tribulations of the university entrance, to the disappointment of not being able to read for English “honours,” and now this situation at the final examination was almost too much for one person to take.

I was in a state which perhaps verged on a nervous breakdown, For a good two weeks at home, I was listless, unable to concentrate on anything. I could not read anything. Even the newspapers repelled me. The sound of music was irritating, and sleep desultory. I was taken to see the doctor, who advised complete rest. He did not give medicine. It was clear that I had severely overtaxed the system, and time would be the healer, as indeed was so gradually much to the great relief of my parents and myself. The newspaper once again began to interest me, and gradually books. Even then, I could not read for long periods for some time. I used to lose concentration and the mind began to wander.

In due course, I received a letter from the university, inviting me to teach an English course to the new batch of students about to enter the university. This was the vacation course in English for them. But I was just in no mood to teach. I was now back to normal, but did not wish to take upon myself the responsibilities of a teaching assignment. Therefore, I wrote back politely declining. But the letter from the university was a boost to my confidence. I knew that I would not have been called unless I had fared reasonably well, at least in my English papers, and got at a minimum a “B.” But what of the rest? I was still apprehensive. What came to mind was the unfinished Sinhala paper, and its possible impact on the whole examination.

Assistant Librarian Vidyodaya University

When the results came in due course, to my great relief I had passed. There was no question of a class. Nor was I expecting one. What I dreaded was sitting for the whole examination once again. I could now get this episode of my life out of the way and decide how to proceed. By this time the new Vidyodaya University had just begun to function. My father was a member of the Governing Council of the Vidyodaya Pirivena, the Vidyadhara Sabha and for long an associate and a friend of the renowned scholar Ven. Weliwitiye Soratha, the head of the Pirivena, who was the first Vice Chancellor of the new university.

Our family had many connections with Vidyodaya, including my maternal grandfather Mr. C. Don Bastian Jayaweera Bandara, himself a renowned scholar, writer, publisher and social worker, having had his higher education there. I for my part, for a period studied Sinhala under Ven. Soratha. Busy as he was, he found the time to teach me because of these family connections. I must have been a good student in his opinion, because he very graciously presented me a two volume set of his monumental work of the Sinhala dictionary, a task which he undertook and completed all by himself, a set which is one of my valued possessions even today.

When it became known that I had passed out, Vidyodaya was keen to have me and my father was equally keen that I should help out in whatever capacity. Finally, I was appointed as an Assistant Librarian and along with others, plunged into the task of setting up a proper library for the new university. At this time, the university functioned in the premises of the Vidyodaya Pirivena at Maligakande and it was rapidly becoming apparent that space was becoming a serious problem.

One of the most important tasks of a librarian is to classify knowledge accurately and correctly and this had to be carefully done. The system of classification adopted at the time was the Dewey Decimal System, and I spent much time at home poring over the volumes containing the system, so that during the working day classification and the typing of the card indexes, etc., could proceed with speed. Accuracy and speed were both necessary, accuracy, because a misclassified book is a lost book, speed because hundreds of books were lying on the floors, in cartons, in crates, on windowsills and all over the place.

I found the wide reading that I had done whilst at Peradeniya now of great assistance. With a quick perusal I was able to determine the classifications and sub-classifications. This was important. For instance, if one took up a book on European history, one had to determine whether it should be classified and appear on the shelves as general history; a history of a period; diplomatic history; economic history; social and cultural history; military history; a history of important treaties, and so on. This was so for all subjects and the wider your reading the easier it was.

But always at the end of the day was a general conference at which we took up for discussions amongst other matters, certain books which were exceedingly difficult to classify, partly because their contents approached the borders of many different subjects. Titles were frequently misleading. For instance, the book “Two eggs on my plate,” had nothing to do with cuisine. It was a tense memoir of certain military activities during World War II.

Features

The Cinnamon Captain’s Circuit

Published

57 mins ago

2026/09/27

Thilina Walpola

Three Maps of Ceylon Cinnamon

From the Pathfinder Collection

By Jennifer Moragoda
jennifermoragoda787@gmail.com

A remarkable Dutch map of Ceylon made in 1719 allows us to follow cinnamon through the country almost village by village.

Part of a series of thirty-six maps showing territories of the Dutch East India Company, it was drawn by Joannes van Campen and shows mainly the south-western portion of the island then under Company control. The twelve korales or provinces are distinguished by colour and extend, in the map’s description, from the river Caymelle to the Valave. Brohier notes that Caymelle was the Dutch name for the Maha Oya. A brown line marks the boundary of the Kandyan king’s territory. Within this political geography, a red line encloses what might otherwise be described simply as ‘Canelle Landen’: “the expanse of the luxuriant cinnamon bushes from the Chilaw river to the hook of Dondra.”

What makes the map extraordinary, however, is its detail. It marks the old administrative divisions through which the cinnamon country extended; villages and places associated with the seasonal work of the peelers; the forty-six numbered points along the annual route of the Cinnamon Captain; and the five coastal places to which the peeled bark was delivered.

Two further Dutch maps narrow the lens. A plan of Salpiti Korale maps cinnamon gardens and grounds among localities that are now part of greater Colombo and its suburbs. At an even more microscopic level, three drawings of a single chena near Hanwella represent individual trees by letters and colour and enumerate them.

Together they preserve an unusually detailed geography of Ceylon cinnamon and the enterprise built around it under the Dutch.

Van Campen’s map in facsimile M. F. N. Rotteveel’s 1901 facsimile of Van Campen’s 1719 map.

Much of that detail can be recovered today through the meticulous work of R. L. Brohier and J. H. O. Paulusz. Their descriptions and translations of Dutch maps and records provide the context that makes otherwise cryptic routes, symbols and localities intelligible.

A Circuit Through Cinnamon Country

Van Campen’s map immediately provides an overview of the country from which cinnamon was obtained. It is divided according to the old Sinhalese territorial and administrative divisions of korales and pattus. Many of their names, and the places associated with them, remain recognizable today, although their old boundaries are now less familiar. The map may surprise modern readers who are unaware that its cinnamon country extended as far north as the Chilaw River and south to Dondra.

The map also makes clear that the geography of cinnamon did not coincide neatly with political boundaries. It marks the limits of Dutch territory and the adjoining lands of the Kandyan king, while cinnamon also grew beyond Dutch-controlled territory. Access to cinnamon in Kandyan territory could therefore depend upon relations with the Kandyan court.

The most striking feature of the map is the minute detail with which this cinnamon geography is recorded. Forty-six numbered points trace the ordinary land route followed by the Cinnamon Captain, head of the Mahabadda or Cinnamon Department, on his annual general visitation at the commencement of the harvest. Starting from Colombo, his circuit took him north and then through a succession of korales to the south before he returned along the coast to Colombo.

The route recorded in Brohier and Paulusz runs through Negombo, Pittigal Korale, Hapitigam Korale, Sinna Korale, Rayigam Korale, Pasdun Korale, Wallalawiti Korale, Galle Korale, Beligama Korale, Morawa Korale and Dolosdas Korale, the latter embracing the Gangaboda and Welaboda Pattus of Matara and the eastern and western Giruwa Pattus of Hambantota.

On the map, the numbered stations allow that journey to be followed across the country. Even where individual names become difficult to decipher on a reduced reproduction, the extent of the circuit can be grasped.

But another set of small red circles gives the map an even more unusual human geography. In the words of its description, these indicate the villages and places “in which and near which” the cinnamon peelers commonly pitched their tents during the peeling season “in order to gather that costly bark.” These temporary encampments belonged to the older system of harvesting in which parties of peelers travelled through the cinnamon country, cutting suitable stems and bringing them back in bundles to be peeled and fashioned into quills.

The red circles are scattered through the cinnamon country densely enough that the map gives a visual impression of the scale of the seasonal harvest before one has deciphered every locality. J. H. O. Paulusz considered the map “of unusual value, indeed indispensable for studying the history of the Salagama community because it illustrates their manner of life, the districts in which they lived, and the hardships and dangers they endured.”

The Captain’s numbered route and the peelers’ encampments therefore record two related geographies. One is the official circuit of inspection. The other is the far more dispersed geography of the people actually gathering and preparing the cinnamon.

The map completes the picture by identifying five coastal delivery points—Negombo, Colombo, Beruwala, Galle and Matara—to which the peeled bark was “carried on their shoulders and transported with great labour.” Taken together, these details allow the old cinnamon enterprise to be visualized almost in motion: the Captain moving between his 46 stations; peelers establishing seasonal camps in and near particular villages; cinnamon being gathered and prepared in the surrounding country; and the finished bark moving towards five points on the coast.

The map also bears the letters A–H on a smaller circuit associated with Maradana, “where the best of that fragrant bark is peeled.” Brohier’s explanatory note identifies the area within this orbit as including Maradana, Wellicadde, Kirilepona and Bamblepitie—names recognizable today as Maradana, Welikada, Kirulapone and Bambalapitiya. These are now parts of a densely built city; on Van Campen’s map they belonged to the geography of cinnamon.

That juxtaposition is one of the pleasures of reading the old maps. Familiar names survive, but the landscapes attached to them have changed almost beyond recognition.

Salpiti Korale, Plot by Plot

A second map sharpens the focus further.

Where Van Campen’s map provides an overview of the geographical reach and movement of the cinnamon enterprise, the detailed plan of Salpiti Korale attaches cinnamon more closely to individual grounds and localities in and around what is now greater Colombo. Similar detailed plans were drawn for other korales and areas in which cinnamon grew.

The plate itself carries a striking collection of names familiar to a modern resident: Kotte, Mirihana, Welikada, Nawala, Pepiliyana, Kollupitiya, Wellawatte and Galkissa, or Mount Lavinia, among others. They appear beside or among numbered and outlined cinnamon grounds. The importance of the map is not that all of modern Colombo lay within Salpiti Korale—it did not—but that it allows particular 18th-century cinnamon localities around the expanding city and its eastern and southern approaches to be set against places we know today.

A related survey shows how closely Dutch mapping followed Colombo’s expansion. Brohier notes that, as settlement spread beyond the Fort and Pettah, a map made about 1766 by Lieutenant C. D. Wentzel surveyed the Colombo district for a radius of five miles in all directions from the Fort. Particular care was taken to mark the cinnamon-growing districts, partly for the information of the authorities and partly as a warning to inhabitants.

The records preserve some striking glimpses of areas we do not normally associate with cinnamon. A Dutch governor deplored the number of valuable bushes being “pitifully cut down for firewood especially near Liveramentu (Thimbirigasyaya-Narahenpita) where it grows luxuriantly.”

It is difficult now to associate Thimbirigasyaya and Narahenpita with luxuriant cinnamon, yet that is precisely why this cartographic detail matters. Pepiliyana, Nawala, Welikada, Wellawatte and other familiar names cease for a moment to be simply modern suburbs and become part of an older cinnamon geography.

In this sense, the Salpiti map performs a different task from Van Campen’s. The first shows the astonishing geographical reach of the cinnamon enterprise. Salpiti brings us down almost plot by plot.

Down to the Individual Tree

A third example reduces the scale to a single piece of ground. Three charts dated 1720 depict a chena called Katugalavila in the village of Degambedda in Hevagam Korale, about half an hour’s journey from the fort at Hanwella. The original survey was by L. Boomgart; the version reproduced by Brohier and Paulusz is an 1899 facsimile by M. F. N. Rotteveel.

The three drawings show the same ground before clearing, after cutting and burning, and after planting and regrowth. Seventeen kinds of tree are identified by letters, with their Sinhala names recorded in Dutch spelling. Before clearing, the plot contained five cinnamon trees; in the third stage it contained 229 cinnamon shoots and young trees. Brohier called the plan both “a picture of the ground” and a “working-plan,” and remarked on its striking representation of detail and use of colour.

This small survey is useful here chiefly because it shows just how far Dutch cartographic attention could descend: from an extensive cinnamon country, to individual grounds, and finally to individual trees.

The 1719 map shows the cinnamon country extending from the Chilaw River to Dondra. The Salpiti Korale map brings us into recognizable localities around Colombo and its suburbs. At Degambedda, near Hanwella, the cartographic lens descends to a single chena and finally to individual cinnamon trees.

Taken together, the three maps turn the broad designation Canelle Landen into something much more precise: a country of rivers, political boundaries and old administrative divisions; roads, villages and seasonal encampments; identifiable cinnamon grounds; and, finally, individual plants.

They also help explain the practical appeal of later attempts to concentrate cinnamon production in more accessible and systematically cultivated grounds. Van Campen’s map makes visible the enormous geographical reach of the older, dispersed system—the distances travelled, the seasonal encampments and the labour required to bring the prepared bark to the coast. The hardships of that system are less visible on the map itself, but they are amply recorded in the contemporary documentation. The later transformation of cinnamon cultivation is another chapter. These maps preserve the geography that preceded it.

Retracing the Circuit

There is a modern postscript to this story. In recent years, the Pekoe Trail, a long-distance walking route through the tea estates of the hill country, has offered a new way of experiencing Ceylon’s montane landscape and tea heritage. The Cinnamon Captain’s circuit suggests the possibility of a low-country counterpart.

It need not be a walking trail. Selected stages of the forty-six-point circuit could be retraced largely by road, linking surviving place names and old cinnamon localities with places where cinnamon is still cultivated today. The korales no longer function as administrative divisions, roads have changed and much of the old cinnamon country has been transformed or built over, but enough of the underlying geography survives to make the old route intelligible.

Three centuries ago the circuit was travelled at the commencement of the harvest by an official inspecting the cinnamon country. Retraced today, it could offer a way of rediscovering a geography that these extraordinary maps have preserved in remarkable detail.

Notes: This article draws extensively on Volume II of R. L. Brohier and J. H. O. Paulusz’s Land, Maps & Surveys: A Descriptive Catalogue of Historical Maps in the Surveyor General’s Office, whose detailed descriptions, annotations and translations of Dutch maps and records make it possible to reconstruct much of the geography discussed here.

Images 3–5 reproduced from R. L. Brohier and J. H. O. Paulusz, Land, Maps & Surveys, Vol. II (1951).