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Prof. Peiris questions whether RW seeking moratorium on elections

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LG polls postponement indication of govt. plans

By Shamindra Ferdinando

Prof. G.L. Peiris, MP, on Monday (02), said that despite the Election Commission’s assurance that the period for nominations for Local Government polls would be announced this week, his group was suspicious of the EC’s intentions.

Addressing the media, at Nawala, on behalf of SLPP rebel group Nidahas Jathika Sabhawa, the former Foreign Minister said the EC’s assertion that it couldn’t take a contrary view in case Parliament decided to put off scheduled LG polls. Prof. Peiris was commenting on recent media reports that dealt with the EC’s possible reaction.

In spite of a split, with three small breakaway factions going independent of the SLPP parliamentary group, it still commands the majority in Parliament.

Lawmaker Peiris insisted that Parliament couldn’t, under any circumstances, intervene in this matter. Referring to some related Supreme Court decisions, MP Peiris said the scheduled LG polls could be postponed, by a referendum.

Therefore, whatever the strategies contemplated by those who were afraid of the impending LG election, fearing its outcome, it would have to be conducted, Prof. Peiris said, declaring the outcome was not difficult to ascertain.

The former minister said that there hadn’t been a previous instance of a government, here or abroad, seeking to postpone an election, citing economic difficulties.

If the Wickremesinghe-Rajapaksa government was allowed to postpone an election, on such grounds, President Ranil Wickremesinghe would seek to do the same at the next presidential poll.

The SLPP, on July 20, 2022, elected the UNP leader as the President to complete the remainder of Gotabaya Rajapaksa’s five-year term. Alleging that the incumbent administration hadn’t been able to put in place a tangible action plan, essential for economic recovery, Prof. Peiris said that Wickremesinghe would seek to postpone the presidential poll, too, citing the continuing crisis.

The next presidential poll is scheduled for Nov 2024. Without doubt, the public could expect the government to try to avoid parliamentary polls, scheduled for the following year, the ex-minister said.

The rebel SLPP MP asked whether the government was seeking a moratorium on elections as it obviously feared the electorate. The academic questioned the justification for the LG polls postponement, while squandering public funds on State Ministers. The appointment of 39 State Ministers, late last year, was quite a heavy burden for taxpayers, Prof. Peiris said, adding that if the powers that be genuinely was concerned about economic difficulties, a colossal amount of public funds wouldn’t have been allocated for State Ministers.

In terms of the Constitution, 30 Cabinet and 40 non-Cabinet ministers can be appointed.

Prof. Peiris said that the filling of 12 vacancies, remaining in the Cabinet, would make matters worse.

Alleging that the government was on a money printing spree, regardless of the consequences, Prof. Peiris said that the government seemed to have money for all its political projects, except the impending Local Government polls.

Pointing out that the government expenditure for 2023 has been estimated at Rs. 7,600 bn, Prof. Peiris questioned the difficulty in allocating Rs. 10 bn required for the election.

Reiterating his commitment for the overall Opposition plan to pressure the government to conduct the election, Prof. Peiris said that the Supreme Court would hear two cases, on January 18, filed by Opposition political parties. Prof. Peiris and General Secretary of the Samagi Jana Balavegaya (SJB) Ranjith Madduma Bandara, MP, filed one petition, while Chief Opposition Whip Lakshman Kiriella, SLFP General Secretary Dayasiri Jayasekera, TNA MP M.A. Sumanthiran, PC, and SLPP MP Anura Priyadarshana Yapa moved the SC, separately.

Except for the Elpitiya Pradeshiya Sabha, the last LG polls were held in Feb. 2018, during the Yahapalana administration. The election for the Elpitiya PS was held in Oct. 2019.

The respondents are Nimal G. Punchihewa (Election Commission Chairperson), and its members S.B. Divaratne, M.M. Mohamed, K.P.P. Pathirana and P.S.M. Charles. In addition to the EC, incumbent Premier Dinesh Gunawardena, too, has been made a respondent as he holds the Local Government portfolio.

Prof. Peiris said that in case the government moved ahead with the planned postponement, the Opposition would launch a protest campaign in Parliament, countrywide protests outside Parliament, further legal measures, and also lobby at international level.

Prof. Peiris vowed they would do everything possible to ensure the public’s right to exercise their franchise.



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Gnanasara Thero absconding after SC ruling

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Ven. Galagoda Aththe Gnanasara Thero was not at his temple in Rajagiriya when prison officials visited the premises yesterday to take steps following the Supreme Court ruling that nullified the presidential pardon granted to him, police sources said.

Prison officials who visited the temple on Nawala Road, Rajagiriya, were reportedly informed by those present that the Thero’s whereabouts were unknown. The development comes a day after the Supreme Court declared former President Maithripala Sirisena’s 2019 pardon of Gnanasara Thero null and void.

The three-member Supreme Court bench comprising Justices Janak De Silva, Dr. Sobhitha Rajakaruna and Sampath B. Abayakoon held that the pardon was arbitrary, violated the public trust and principles of natural justice, and was made beyond the proper exercise of the President’s constitutional discretion.

The case arose from Gnanasara Thero’s conduct at the Homagama Magistrate’s Court in January 2016 during proceedings relating to the disappearance of journalist and political cartoonist Prageeth Eknaligoda.

The Court of Appeal convicted him on four counts of contempt of court in 2018 and imposed concurrent prison terms amounting to six years. He had served about nine months when Sirisena granted him a presidential pardon on May 23, 2019.

The Supreme Court found that although Article 34 empowers the President to grant pardons, that power is held in trust for the people and is subject to constitutional limitations and judicial review. The Court concluded that Sirisena had effectively acted on the recommendation of the Additional Secretary (Legal) without demonstrating that he had independently considered the relevant material.

Justice De Silva held that the pardon was “arbitrary”, violated public trust and the rules of natural justice, and was ultra vires the President’s powers. The Court consequently found that the decision violated the fundamental right to equality guaranteed by Article 12(1) of the Constitution.

The ruling effectively restores the legal position under the original conviction, leaving Gnanasara Thero without the benefit of the 2019 pardon. The Supreme Court also clarified that a pardon does not erase a conviction or sentence, but merely relieves an offender from serving the sentence to the extent specified in the pardon.

Gnanasara Thero, the General Secretary of the Bodu Bala Sena, had been convicted over his conduct during proceedings concerning the disappearance of Eknaligoda, who went missing in January 2010 and has not been located.

Sandhya Eknaligoda, Prageeth Eknaligoda’s wife, was among those who challenged the presidential pardon before the Supreme Court, alongside the Centre for Policy Alternatives and its Executive Director Dr. Paikiasothy Saravanamuttu.

The detailed account of the judgment indicates that the Court’s ruling primarily nullified the pardon and restored the legal effect of the original sentence, with the implementation of the sentence falling to the relevant authorities.

Police sources said that the Supreme Court, however, did not permanently close the door on executive clemency. It held that a future President could grant Gnanasara Thero another pardon, provided the power is exercised lawfully and after proper consideration of all relevant material.

The Supreme Court has so far overturned three presidential pardons granted to two former Presidents. In January 2024, the Court declared former President Gotabaya Rajapaksa’s pardon of former MP Duminda Silva unlawful and invalid. In June 2024, it invalidated two pardons granted by former President Maithripala Sirisena to Royal Park murder convict Jude Shramantha Anthony Jayamaha — the first in May 2016, which commuted his death sentence to life imprisonment, and the second in October 2019, which released him from prison. Jayamaha, who was convicted of the murder of 19-year-old Yvonne Johnson, remains at large. Most recently, on September 10, 2026, the Supreme Court declared Sirisena’s 2019 pardon of Ven. Galagoda Aththe Gnanasara Thero null and void, ruling that it was arbitrary and inconsistent with the Constitution.

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House to debate 22A, Judicature Bill next week

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Parliament is scheduled to debate the Twenty-Second Amendment to the Constitution Bill and the Judicature (Amendment) Bill on September 24 and 25, subject to the Speaker’s announcement following the delivery of the Supreme Court determination on petitions filed against the Bills.

The programme for the Parliamentary Week from September 22 to 25 was decided at a meeting of the Committee on Parliamentary Business held on Thursday (10) under the chairmanship of Speaker Dr. Jagath Wickramaratne.

On each sitting day, Parliamentary Business under Standing Orders 22(1) to 22(6) will be taken up from 9.30 am to 10 am, followed by Questions for Oral Answers from 10 am to 11 am Questions under Standing Order 27(2) will be taken up from 11 am to 11.30 am.

On Tuesday (22), the Orders published in Extraordinary Gazette No. 2497/37 under the Petroleum Resources Act and the Promotion of Export Agriculture (Amendment) Bill will be debated from 11.30 am to 5 pm.

The Tredso Development Foundation (Incorporation) Bill, a Private Member’s Bill, will then be taken up for Second Reading before being referred to the Legislative Standing Committee.

An Opposition motion at the Adjournment Time will follow.

On Wednesday (23), the Chartered Institute of Media Professionals of Sri Lanka Bill will be debated from 11.30 am to 5 pm, followed by Questions at the Adjournment Time.

The Second Reading debate on the 22nd Amendment Bill and the Judicature (Amendment) Bill is scheduled for 11.30 am to 7 pm on Thursday (24) and Friday (25).

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Wrong house targeted in underworld grenade attack: Two children killed

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Two children aged 11 and 17 were mistakenly killed and their 55-year-old father injured in an early morning hand grenade attack on Sirisangabo Mawatha on Friday. Police investigations later revealed that the attackers targeted the wrong house during an ongoing underworld clash.

Three police teams have been deployed to investigate the attack, which occurred at around 3 am.

According to police, a man who arrived near the house in a three-wheeler knocked on the front door before throwing a grenade into the premises and fleeing.

The victims were identified as 17-year-old Kasun Rashmika and 11-year-old Duminda Gihan. Their 56-year-old father, Nalin Thusantha Perera, was seriously injured and admitted to the Kalubowila Teaching Hospital.

Police said the injured man’s brother was allegedly a close associate of a drug trafficker known as ‘Sando’ and had also been accused of involvement in drug trafficking.

The brother lives in a house adjoining the one targeted in the attack, and police suspect the grenade may have been thrown at the wrong house.

Police are also investigating information that the attack was allegedly carried out at the direction of several overseas-based drug traffickers, identified as Pandithage Shantha Kumara alias ‘Kos Malli’, Samantha Perera alias ‘Chuwa Samantha’, ‘Kudu Avishka’ and ‘I.D.’

Police said the attack was believed to be linked to an ongoing conflict between two underworld factions, which have targeted each other’s associates in shootings and grenade attacks. More than 20 people have reportedly been killed in such attacks.

Security agencies are also investigating alleged links between one faction and overseas-based criminals including Kanjipani Imran, Unakuruwe Shantha, Dubai Gagana and Handaya.

Security agencies have also received information that overseas-based criminals identified as Kanjipani Imran, Unakuruwe Shantha, Dubai Gagana and Handaya are allegedly behind the supply of firearms and drugs to the faction associated with Kos Malli and Chuwa Samantha.

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