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SC judgment on former President Sirisena’s “dismal failure”

Published

4 years ago

2023/01/15

The SC judgment concluded in its lengthy judgment that former President Maithripala Sirisena has been lax in affording the protection and guarantees enjoined under the Constitution and other laws and he has breached his duty to protect. Thus we hold that he has infringed the fundamental rights enshrined under Article 12(1) and 14(1)(e) of the Constitution.

It stated that this dismal failure on the part of the former President Sirisena resulted in disastrous consequences for this country and not only lives were lost and properties destroyed but inter racial tension and inter-ethnic hatred began to raise their ugly heads causing the very fabric of this nation to be broken and become fragile. There were fear psychosis, apprehension and interethnic alienation that were palpable.

It also held that the National Security Council (NSC) had been in existence for several years and it would appear that it had functioned without any legal framework. It was given statutory recognition under the Public Security Ordinance in terms of Emergency (National Security Council) Regulation No 1 of 1999 published in Gazette Extraordinary No 1081/19 and dated 27th May 1999.

This subordinate legislation established an NSC with the President as its head, tasked with the maintenance of national security with authority to direct security operations and matters incidental to it. This Court heard submissions that prior to January 2015, the NSC used to meet every week on Wednesdays under the chairmanship of the President, before which an intelligence coordination meeting was held on Tuesdays presided over by the Secretary, Defence.

This arrangement paved the way for many an aspect of national security to be thrashed out at these meetings and intelligence and other useful information used to be freely exchanged at these meetings. It is how the executive was kept apprised of the national security situation in the country and that facilitated the discussion of all matters pertaining to national security.

It would appear that under the presidency of the former President Sirisena the NSC meetings were sporadic and not regular. If one were to formulate policies with regard to national security and exercise supervision over the security echelons of the Government, the NSC was a useful tool in the hands of the President but a notorious misappreciation of the duties and functions of the Minister of Defence has led to an appalling lack of appreciation of the importance of the National Security Council.

The dangers posed by Zahran and his terrorist outfit could have been effectively appreciated and dealt with had this mechanism been in place but its efficacy had been lost on the then President. The Court finds that there was no meeting summoned for of either ICM or NSC after 9 April 2019 and in our view, it is a serious lapse having regard to the nature of intelligence information received and following the 16 April 2019 dry run explosion.

It would appear that despite the 1999 Gazette which provided for the Constitution of the NSC, the attendance at the NSC had been determined solely by the President with no reasons given for the exclusion of key members who should have been an indispensable part of security and intelligence briefings such as the Prime Minister, State Minister for Defence and the IGP.

There was extensive submission that the Prime Minister was kept out of the NSC and was not provided with any information. 105 All this is a stark reality that strikes this Court as a serious omission on the part of the then President.

In 2019 there had been only two NSC meetings convened by him. One was on 14th January before the discovery of the Wanathawilluwa explosives and arms cache and the next on 19th February. This was one of the largest discoveries of explosives after the end of the war in 2009. It cannot be gainsaid that the former President Sirisena was made aware of these discoveries at Wanathawilluwa.

In these circumstances it was obligatory on the part of the former President Sirisena to have convened the NSC every week and put in place a mechanism to address the threat posed by Zahran and his cohorts. This was never done much to the discomfiture and dislocation of the security apparatus. It has to be pointed out that only after the bombs ripped through the nooks and crannies of this country, wisdom dawned upon the importance of NSC meetings.

This dismal failure on the part of the former President Sirisena resulted in disastrous consequences for this country and not only lives were lost and properties destroyed but inter racial tension and inter-ethnic hatred began to raise their ugly heads causing the very fabric of this nation to be broken and become fragile. There were fear psychosis, apprehension and interethnic alienation that were palpable through the length and breadth of the country.

The due care with which the Minister of Defence must have exercised his wide powers in the greater good of the country was totally non-existent having regard to the evidence that has been placed before this Court. The consistent declaration of this Court that “Public Trust” doctrine is not a mere matter of contract bears particular repetition at this stage.

“We are not concerned with contractual rights, but with the safeguards based on the Rule of Law which Article 12 provides against the arbitrary and unreasonable exercise of discretionary powers. Discretionary powers can never be treated and unfettered unless there is compelling language; when reposed in public functionaries, such powers are held in trust, to be used for the benefit of the public, and for the purpose for which they have been conferred-not at the whim and fancy of officials, for political advantage or personal gain.

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Sri Lanka ITEC Alumni Association formally launched

Published

2 hours ago

2026/10/10

Priyan

Sri Lankan professionals trained in India under the Indian Technical and Economic Cooperation (ITEC) programme have formed a national alumni association. The Sri Lanka ITEC Alumni Association was formally launched at its inaugural meeting on Thursday, 8 October 2026, at the Grand Crystal Ballroom of Hotel Taj Samudra, Colombo.

The Association is a unique initiative of the Education Wing of the High Commission of India in Sri Lanka. The Wing oversees India’s education and scholarship programmes for Sri Lanka, including the ITEC programme. The initiative was led by Sandeep Chaudhary, First Secretary (Education), High Commission of India. His vision and support were key to bringing Sri Lanka’s ITEC alumni together under one platform for the first time.

The Government of India launched ITEC in 1964, and it has since become one of the cornerstones of India’s development partnership with countries of the Global South. The programme is fully funded by the Government of India and offers civilian training in a wide range of fields, including public administration, finance, information technology, engineering, management, agriculture, health and the environment. Courses are delivered at leading Indian institutions. Over six decades, ITEC has trained officials and professionals from more than 160 partner countries. Sri Lanka has been one of its most active participants, and thousands of Sri Lankan public servants and professionals have benefited from the programme.

The new Association brings these alumni together from government, semi-government and private sector institutions. Its aims are to foster professional networking, knowledge sharing, capacity development and community service. It will also encourage collaboration among alumni and guide and support future Sri Lankan participants in ITEC programmes. In doing so, the Association seeks to deepen the long-standing friendship and people-to-people ties between Sri Lanka and India.

At the meeting, members elected an Executive Committee to lead the Association. Ms. Gayathri Suveendran was elected President. The other office-bearers are:

Vice Presidents: P.B. Hasith Sandaruwan and Leo Darshan
General Secretary: Anupa Weerarathne
Assistant Secretary: Vimukthi Dushantha
Treasurer: S. Rubadharshan
Assistant Treasurer: I. Ravikumar

Four sectoral committees will carry the Association’s work forward:

Establishment, Administration and Finance: Prof. M.I.M. Mujahid Hilal, M. Farwis, Milroy Aluthwatta, W.P. Suraweera, M.S. Thayaraj and Asinsala Senevirathne.

ICT, Digital Transformation and Innovation: Sujah Ameer, Danushka Diunugala, T.M.M. Perera, Tharanga, M.K.H.P. De Silva, Pubuditha Madushan and Arulkumaran Mahalingam.

Coordination, Organising and Legal Affairs: T. Srirajeevan, Theja Jayathilaka, Eng. A. Lingeswaran, Chaminda K. Uda, Kumuduni, S. Sinthujan and Ananda Arasu.

Media, Public Relations and Publications: Rahul Samantha Hettiarachchi, Dr. Gayani Kaushalya, Anandi Premarathne, Vimukthi Dushantha, R. Suhanthan and Shyam Nuwan Ganewatta.

The founding of the Association marks a significant milestone for the ITEC community in Sri Lanka. It turns individual training experiences in India into a shared national resource, and it adds a new professional dimension to the enduring partnership between the two neighbours.

News

Measures underway to protect Diyagama Forest as a Reserve — Deputy Minister of Environment

Published

3 hours ago

2026/10/10

Priyan

The government is taking all necessary measures to protect the Diyagama forest area located in Homagama within the Colombo District, Deputy Minister of Environment, Anton Jayakody,
stated on Friday (9) while delivering a special address in Parliament.

Originally an abandoned plot of land, it has regenerated naturally over the past two decades into a sensitive ecosystem bearing the characteristics of a rainforest. With rapid urbanization, numerous wildlife species displaced across
the Colombo District have now migrated to and found sanctuary in this ecological haven.

Citing field research conducted by a team of scholars from the University of Colombo—including Prof. S.W. Ranwala, Prof. Ileperuma, and Prof. Abeykoon—the Deputy Minister pointed out that nearly 120 species of flora and fauna have been identified in the area. Among them are species endemic to Sri Lanka, as well as rare wildlife such as the red slender loris and pregnant animals close to giving birth, clearly testifying to the rich biodiversity thriving within this habitat.

Located adjacent to the Mahinda Rajapaksa International Stadium and the Japan–Sri Lanka Friendship Baseball Ground, this green zone serves as a vital ecosystem for absorbing carbon
dioxide emitted by athletes and residents in the vicinity.

In addition to directly contributing toward Sri Lanka’s commitments under the Paris Agreement to achieve net-zero emissions by 2050, the forest also functions as a vital catchment area feeding into the Bolgoda water basin.

Accordingly, following the approval of the Colombo District Coordinating Committee (DCC) with the participation of the Divisional Secretary, government officials, and environmentalists, steps will be taken to submit a Cabinet paper to formally declare this valuable woodland a forest reserve, the Deputy Minister emphasized.

News

NPP govt. reminded of its responsibilities as US warship leaves Colombo

Published

4 hours ago

2026/10/10

Thilina Walpola

Alireza Delkhosh

Stranded Iranian ships off SL:

Iran has reminded Sri Lanka that as a member of the UN the government is obligated to fulfil its responsibilities.

Iranian Ambassador Alireza Delkhosh in Colombo said that in terms of the Convention on the Law of the Sea (Article 98) as well as SOLAS and SAR Conventions, Sri Lanka couldn’t refrain from providing the needs of the Iranian vessels stranded in its Exclusive Economic Zone (EEZ).

Ambassador Delkhosh was responding to a recent Foreign Minister Vijitha Herath’s declaration that neither the government nor private companies would provide food, water and medicine to these ships.

The Ambassador questioned how Sri Lanka accepted illegal and unilateral US sanctions against Iran, contrary to the JVP’s much touted historic anti-imperialistic manifesto.

The Iranian vessels are believed to be under constant US surveillance to prevent any supplies from getting through.

The Iranian Embassy made these comments as USS Tulsa (LCS 16), an Independence-variant littoral combat ship arrived in Colombo where it received supplies. The US Embassy declared that; ” this goodwill visit provides an opportunity to strengthen ties between US and Sri Lankan sailors while the ship refuels and resupplies before continuing its mission in the Indo-Pacific.”

Ambassador Delkhosh said that even if the above-mentioned Conventions weren’t adhered to, there existed, what he called, unwritten yet binding conventions that compelled Sri Lanka to assist. “It is the Convention of not forgetting past friendship and Convention of Humanitarian Actions.”

The Iranian envoy emphasised that these conventions that exempt no country from extending humanitarian aid, especially Sri Lanka, which, throughout its recent history, has been a recipient of Iranian assistance.

A section of the international media reported that Sri Lanka faced the risk of secondary sanctions from the United States if Sri Lanka allowed supplies to reach the stranded Iranian vessels. Twenty vessels are believed to be stranded in EEZ.

Former Sri Lankan Ambassador in Tehran, M.M. Zuhair, recalled how the Iranian government swiftly and decisively provided assistance, amidst western efforts to jeopardise the military campaign, by undermining the national economy.

As the war entered a crucial stage, the government found itself in an extremely difficult situation. Following talks at the highest level, Iran provided Sri Lanka with an interest-free and concessionary oil credit facility worth $1.05 billion to help obtain crude oil requirements, President’s Counsel Zuhair said.

If not for the rolling credit line, easing severe foreign exchange pressures, the Rajapakasa government could have faced an insurmountable challenge, the former diplomat said, adding that, unfortunately, those in decision-making positions now have forgotten the past. (SF)