Midweek Review

A daunting task for Justice Nawaz

Published

6 years ago

2021/01/27

President Gotabaya Rajapaksa shakes hands with Justice Nawaz after appointing him as the President of the Court of Appeal on January 20, 2021 (pic courtesy PMD)

Geneva proposes asset freezes, travel bans ahead of HR sessions

By Shamindra Ferdinando

An Extraordinary Gazette notification, pertaining to the nomination of Justice Abdul Hameed Dileep Nawaz, as the Chairman of a three-member Commission of Inquiry (CoI), to investigate, inquire into and report, or take required actions, regarding the findings of the former Commissions, or Committees, that investigated human rights violations, serious violations of International Humanitarian Law (IHL) and other such offences, was issued on January 20.

The Extraordinary Gazette notification was issued, close on the heels of a ceremonial sitting of the Supreme Court of Sri Lanka, to welcome Justice Nawaz, Justice Kumudini Wickramasinghe and Justice Shiran Gooneratne. They were among six new Supreme Court justices, named on Dec 1, 2020, in terms of the 20th Amendment to the Constitution, enacted two months before. The other new justices are Janaka de Silva, Achala Wengappuli and Mahinda Samayawardhena.

The new Amendment approved with a two-thirds majority, resulted in the expansion of the Supreme Court bench, from 11 to 17, and the Appeal Court bench, from 12 to 20.

Having won the presidency in Nov 2019, President Gotabaya Rajapaksa promoted Nawaz as the President of the Court of Appeal. The appointment made on January 20, 2021, is President Gotabaya Rajapaksa’s first high profile judicial selection. The appointment didn’t receive the media attention it really deserves.

With the elevation of Nawaz to the Supreme Court, Justice Arjuna Obeysekere received the appointment as the President of the Court of Appeal. The CoI, chaired by Justice Nawaz, includes one-time IGP Chandra Fernando, the incumbent Chairman of the National Police Commission, and retired District Secretary Nimal Abeysiri.

Nawaz is the first sitting judge and the senior-most judicial officer to have been charge-sheeted by the Commission to Investigate Allegations of Bribery or Corruption (CIABOC), during his time at the Attorney General’s Department, but cleared by courts during the tenure of the previous regime itself. So many actions, initiated by the CIABOC, judicial decisions and proceedings during the previous yahapalana administration, are under a cloud.

The CoI has been entrusted with the following tasks: (a) Find out whether previous CoIs, and Committees, which have been appointed to investigate into human rights violations, have revealed any human rights violations, serious violations of the international humanitarian law and other such serious offences (b) Identify the findings of the CoIs, and Committees, related to the serious violations of human rights, serious violations of international humanitarian laws and other such offences and whether recommendations have been made on how to deal with the issues at hand (c) The status of the implementation of those recommendations, so far, in terms of the existing law, and what steps need to be taken to implement those recommendations further, in line with the present Government policy and, finally (d) Ascertain whether action is being taken in respect of (b) and (c).

The CoI, headed by Justice Nawaz, is expected to finalize the report, within six months from the date of the appointment.

AG on role of judges

Welcoming the newly appointed Supreme Court Judges on Jan. 20 and Jan 21, Attorney General Dappula de Livera, PC, declared: “The credibility of a judicial system, in a country, is dependent on the Judges who man it. Judges must be persons of impeccable integrity and unimpeachable independence. A Judge must discharge his/her judicial functions with high integrity, impartially and intellectual honesty. Speaking of Intellectual honesty; the law would be like a ball of clay in the hands of an erudite Judge. Therefore, Judges should be ruthlessly honest, independent, and impartial and possess a judicial conscience to ensure that the ball of clay is moulded, according to the law. For over 2000 years of the island’s long history, the Courts of Law have occupied a unique place in the system of government. Public acceptance of the judiciary, and public confidence in the judiciary, is necessary for the rule of law to prevail in the country. Public confidence in the judiciary is dependent on the independence and integrity of the judiciary.”

The President’s Counsel further said: “The Judges in the exercise of judicial functions should be immune from outside control and influence and intimidation. That independence is also necessary from the other branches of government and from private and partisan interest. Judges should be above suspicion and should not leave even a glimpse for that suspicion to occur.”

Tamil parties seek int’l intervention

The appointment of the three-member CoI under the leadership of a Supreme Court Judge, should be examined against a section of Parliament demanding international intervention, by way of a new Resolution adopted at the forthcoming 46th sessions of the Geneva-based United Nations Human Rights Council (UNHRC), scheduled for Feb-March 2021. The Tamil National Alliance (TNA) and two Northern Province, based new political parties – Ahila Illankai Tamil Congress (AITC) and Tamil Makkal Thesiya Kutani (TMTK) have written to 47 members of the UNHRC demanding punitive action against Sri Lanka on the basis that the administration quit the Geneva Resolution 30/1, co-sponsored by the previous yahapalana administration.

The three parties are represented in Parliament by 13 members. At the time Sri Lanka co-sponsored the controversial resolution against itself, in Geneva, the TNA had 16 lawmakers, including two appointed members, with its leader, R. Sampanthan, enjoying the privileged status as the Opposition Leader, though, ironically, the breakaway Joint Opposition (JO) commanded the confidence of well over 50 lawmakers. So that was how democracy was practiced then!

With the obvious blessings of Western powers, the Tamil parties, in a letter to UNHRC members, requested (a) Member States urge, in the new resolution, that other organs of the United Nations, including the UN Security Council, and the UN General Assembly, take up the matter and take suitable action by reference to the International Criminal Court and any other appropriate and effective international accountability mechanisms to inquire into the crime of genocide, war crimes and crimes against humanity (b) The President of the UNHRC refers matters on accountability, in Sri Lanka, back to the UN Secretary General, for action, as stated above (c) Member States to mandate the Office of the High Commissioner for Human Rights (OHCHR) to continue to monitor Sri Lanka for ongoing violations and have an OHCHR field presence in the country and (d) Without detracting from that which has been stated in Point 1 (above), take steps to establish an evidence-gathering mechanism, similar to the International Independent Investigatory Mechanism (IIIM,) in relation to Syria, established as a subsidiary body of the UN General Assembly, with a strict time frame of 12 months duration.

The TNA-led political grouping, backed by a section of the civil society that also supported a hybrid war crimes investigating mechanism, are backing the latest initiative against Sri Lanka.

The Ontario Centre for Policy Research, Canada and London Initiative, the United Kingdom have, however rebutted anti-Sri Lanka allegations with a timely comprehensive report recently to the UNHRC, especially in response to the growing threat of a new resolution. The lead Researcher and the Chairman of the Committee that prepared the report, Dr. Neville Hewage, and the UK-based practicing lawyer, Jayaraj Palihawadana, should receive public appreciation for countering the Western strategy. Let the public know of such initiatives and exert pressure on political parties to take up the Geneva challenge, together with the government.

Unfortunately, Sri Lanka’s defence in Geneva is likely to suffer in the absence of coordinated action and the failure on the part of those responsible to get their act together to attack the foundation of lies concocted by interested parties, hell-bent on hauling Sri Lanka up before an international war crimes court. With the UNP’s humiliating rejection by the masses, at the last general election, in August 2020, the TNA-led grouping, in spite of differences as regards political strategy, both in and outside Parliament, is confident of its new game plan.

The Swiss plot

The Tamil grouping believes the return of the Rajapaksas is advantageous to their strategy. Sri Lanka would have been in bigger trouble if the Swiss project, meant to ruin Gotabaya Rajapaksa’s presidency, succeeded in Nov 2019. If not for war-time Defence Secretary Gotabaya Rajapaksa’s refusal to allow Switzerland to evacuate Embassy worker Garnier Francis, who claimed that she had been sexually abused by government agents inside a vehicle close to the Swiss Embassy, within days after him being elected the President. Had that diabolical plot clicked with her being evacuated to Switzerland, in a special air ambulance, that had been brought down as part of the plot, the country would have been under heavy pressure now. Thanks to President Gotabaya Rajapaksa taking a tough stand on the matter, the Swiss plot went awry, much to the disappointment of those seeking to undermine the new administration. Investigations exposed those responsible for the diabolical propaganda offensive that had to be inquired into, taking into consideration unsubstantiated allegations directed at the SLPP presidential candidate, Gotabaya Rajapaksa, at a media conference, organized by the then yahapalana minister Dr. Rajitha Senaratne.

The CoI, headed by Justice Nawaz, will have to examine the overall campaign against Sri Lanka, without restricting its investigation in terms of the mandate received. It would be pertinent to mention Sri Lanka paid a huge price for not properly countering lies propagated by interested parties’ hell-bent on hauling Sri Lanka before hybrid war crimes investigating mechanism. In the wake of Gotabaya Rajapaksa’s emergence as the President, with an overwhelming victory, over his nearest opponent, the same lot wanted Sri Lanka investigated by the international community.

Sri Lanka has pathetically failed to comprehend the threat, hence the absence of proper defence, in spite of some elected members of Parliament working against the country. The government’s failure has allowed the TNA, that had no qualms in recognizing the LTTE as the sole representative of the Tamil speaking people in late 2001, and having being the mouthpiece of the world’s most ruthless terrorist organisation, to pursue a high profile strategy, detrimental to the country, while enjoying perks and privileges as a recognized political party.

The TNA-led campaign is part of an overall project meant to overwhelm Sri Lanka. The Swiss operation, if succeeded, could have impaired the Office of the President.

A wider examination of facts needed

Let us hope that the Justice Nawaz-led committee would examine all factors, pertaining to the accountability issue, though its primary objective seems simple. Their responsibility in terms of the statement issued by the President’s Office, is to examine the previous CoI and Committees and the implementation of their recommendations. The Lessons Learnt and Reconciliation Commission (LLRC) chaired by the late Attorney General C.R. de Silva, examined the conflict. The LLRC was appointed in response to a study undertaken by UN Secy. General’s so-called Panel of Experts (PoE). The PoE report, released in March 2011, is the basis for all subsequent measures taken by the UN though Sri Lanka simply ignored the threat. In addition to the LLRC, the Presidential Commission of Inquiry into Complaints of Abductions and Disappearances (the report on the Second Mandate of the Presidential Commission of Inquiry into Complaints of Abductions and Disappearances) examined the conflict. However, Sri Lanka cannot turn a blind eye to the PoE report, and related reports, as they remained the very basis of the Geneva initiatives, though the incumbent government quit the 30/1 resolution. Foreign Minister Dinesh Gunawardena made the announcement on Feb 26, 2020 at the 43rd UNHRC sessions.

The government certainly owed an explanation why the appointment of the CoI to examine previous CoIs and Committees, was delayed till January 20, 2021. The continuing crisis caused by the Covid-19 pandemic shouldn’t be faulted for the government’s failure. For some strange reason, Sri Lanka continues to delay using Lord Naseby’s revelations, based on wartime British High Commission dispatches from Colombo (January-May 2009) as well as revelations made by Wikileaks to counter UN lies. Lord Naseby, in an interview with the writer in Sept 2019, regretted Sri Lanka’s failure to exploit his disclosure, made in Oct 2017. The senior Conservative politician said that he was quite disappointed and surprised by Sri Lanka’s response to information provided by him. The British diplomatic cables obtained by Lord Naseby, following a legal wrangle with his government disputed the PoE’s primary allegation. The information provided by Lord Naseby, when examined together with wartime US Defence attaché Lt. Col. Lawrence Smith’s explosive statement in 2011 (read US official’s defence of Sri Lankan military), exposed the UN lie.

The primary allegation in PoE on Sri Lanka alleged that at least 40,000 civilians perished on the Vanni east front. In terms of the UN dictates, the accusations made against Sri Lanka by mystery accusers cannot be verified till 2031 due to a strange confidentiality clause. Where in the world do you get a system of justice where one is precluded from facing one’s accusers for 30 years, let alone challenge their specific allegations? Meanwhile, Sri Lanka is regularly bashed by interested parties on the basis of unverified accusations. Wouldn’t it have been better if Sri Lanka made reference to this most unusual confidentiality clause that effectively prevented examination of allegations? Perhaps, Sri Lanka will take it up at least now, well over a decade after the PoE report, and seven years after the country ended up in the Geneva agenda.

Having faulted the Sri Lanka Army, on three major counts, the PoE (Panel of Experts) accused Sri Lanka of massacring at least 40,000 civilians. Let me reproduce the paragraph, bearing no 137, verbatim: “In the limited surveys that have been carried out in the aftermath of the conflict, the percentage of people reporting dead relatives is high. A number of credible sources have estimated that there could have been as many as 40,000 civilian deaths. Two years after the end of the war, there is no reliable figure for civilian deaths, but multiple sources of information indicate that a range of up to 40,000 civilian deaths cannot be ruled out at this stage. Only a proper investigation can lead to the identification of all of the victims and to the formulation of an accurate figure for the total number of civilian deaths.“

Key issues that needed CoI attention

In the absence of a cohesive strategy to counter UN lies, vested interests, both here and abroad, propagated canards against the country to varying degrees. Let me mention issues that had to be examined in the overall defence strategy: (1) Dismissal of war crimes accusations by Lt. Col. Lawrence Smith in Colombo. The then US official did so at the May-June 2011 first post-war defence seminar in Colombo, two months after the release of the PoE report. The State Department disputed the official’s right to represent the US at the forum though it refrained from challenging the statement. (2) Examine the US statement along with Lord Naseby’s Oct 2017 disclosure, based on the then British Defence advisor Lt. Colonel Anthony Gash’s cables to London during the war. (3) Wikileaks revelations that dealt with the Sri Lanka war. A high profile Norwegian study on its role in the Sri Lanka conflict examined some cables. However, the Norwegian process never strengthened Sri Lanka’s defence. Instead Norway merely sought to disown its culpability in the events leading to the annihilation of the LTTE. One of the most important Wikileaks revelations cleared Sri Lanka of deliberately targeting civilians. The cable proved that our ground forces took heavy losses by taking the civilian factor into consideration. (4) Wide discrepancies in loss of civilian lives, claimed by UN, and various other interested parties. The UN estimated the figure at 40,000 (March 2011) whereas Amnesty International (Sept 2011) placed the number at 10,000 and a member of the UK Parliament (Sept 2011) estimated the death toll at 100,000. (5) Disgraceful attempt made by Geneva to exploit the so called Mannar mass graves during the yahapalana administration. The Foreign Ministry remained silent on the Mannar graves while Western diplomats played politics, only to be proved utterly wrong. Geneva faulted Sri Lanka before the conclusion of the investigation.

The then Northern Province Chief Minister Wigneswaran rejected scientific findings of Beta Analytic Institute of Florida, USA, in respect of samples of skeletal remains sent from the Mannar mass grave site. Human Rights Commissioner Michelle Bachelet went to the extent of commenting on the Mannar mass grave in her report that dealt with the period from Oct 2015 to January 2019.

Had the US lab issued a report to suit their strategy, would they have accepted fresh tests in case the government of Sri Lanka requested? The following is the relevant section bearing No 23 from Bachelet’s report: “On May 29, 2018, human skeletal remains were discovered at a construction site in Mannar (Northern Province), Excavations conducted in support of the Office on Missing Persons, revealed a mass grave from which more than 300 skeletons were discovered. It was the second mass grave found in Mannar following the discovery of a site in 2014. Given that other mass graves might be expected to be found in the future, systematic access to grave sites by the Office, as an observer, is crucial for it to fully discharge its mandate, particularly with regard to the investigation and identification of remains, it is imperative that the proposed reforms on the law relating to inquests, and relevant protocols to operationalize the law be adopted. The capacity of the forensic sector must also be strengthened, including in areas of forensic anthropology, forensic archaeology and genetics, and its coordination with the Office of Missing Persons must be ensured.” (6) Wigneswaran in his capacity as the then Northern Province Chief Minister in August 2016 accused the Army of killing over 100 LTTE cadres held in rehabilitation facilities. Wigneswaran, now an MP and leader of TMTK, claimed the detainees had been given poisonous injections resulting in deaths of 104 persons. The unprecedented accusation made by the retired Supreme Court Judge had been timed to attract international attention. Wigneswaran is on record as having said that a US medical team visiting Jaffna, at that time, would examine the former rehabilitated LTTE cadres, who he alleged had fallen sick because they were injected with poisonous substances at government detention or rehabilitation centres.

Sri Lanka paid a very heavy price for its pathetic failure to counter a web of lies fashioned by interested parties, both local and foreign, and well-funded by the West, to coerce the country to adopt a new Constitution to suit the separatist agenda. Had they succeeded, Sri Lanka’s unitary status could have been done away through constitutional means against the backdrop of eradication of the LTTE’s conventional power.

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Midweek Review

A ‘partnership’ like no other!

Published

7 days ago

2026/09/16

Sahan Weerasooriya

Indian Defence Minister Rajnath Singh at the Indian Army memorial

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

By Shamindra Ferdinando

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

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

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

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

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

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

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

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

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

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

A significant visit

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

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

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

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

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

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

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

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

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

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

Two Battaramulla memorials

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The way forward

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

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

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

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

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

Midweek Review

Feeling political sadness as signs of hope and resistance

Published

7 days ago

2026/09/16

Sahan Weerasooriya

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Then,
hell of despair

would seem
like
heaven of hope”

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

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