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Midweek Review

A deeper scrutiny of ‘intelligence related matters’ needed

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Public Security Minister retired Rear Admiral Sarath Weerasekera Monday, 18 at his ministry met Justice Minister Ali Sabry, PC, to discuss ways and means of strengthening law enforcement operations. Public Security Ministry Secretary retired Maj. Gen. Jagath Alwis and IGP Chandana Wickremaratne participated in the discussion.

Former Senior Deputy Inspector General (SDIG) of Police H.M.G.B. Kotakadeniya, having read our last week’s column, further elaborated on the revelation by retired SDIG Merril Gunaratne pertaining to what he called the unprecedented expansion of the DIG cadre during Dingiri Banda Wijetunga’s tenure as the President (May 1993 to Nov 1994).

Kotakadeniya, one of the most outspoken senior cop, while in service (if one had cared to canvas his opinion) and now in retirement, said Wijetunga’s intervention had been far worse than mentioned and caused the further deterioration of the service. The retired Senior DIG sent us the following statement in the wake of the writer’s comment on Gunaratne’s latest work ‘Perils of a Profession’, titled ‘Perils of a Profession jolts scandal- ridden police’ published in the January 13, 2021 edition of The Island:

“In the chapter, titled ‘Violation of the line of seniority – a major cause for decline,’ it is stated President Wijetunge ordered the DIG cadre to be increased from 19 to 30 and that there was speculation about this increase benefitting an officer who was a favourite of the President. I would like to add two relevant facts regarding this issue.

“Shortly after Wijetunga assumed office as the President, in 1993, he summoned me to the Presidential Secretariat. At that time I was based at Police Headquarters as DIG Headquarters and DIG Administration. My parents and I had the privilege of being acquainted with Wijetunga from my childhood as we were from the same village.

“When I met the President, he told me that the welfare of Police officers hadn’t been given the due importance and, therefore, to redress the situation he had an idea to appoint a DIG to handle welfare work in each DIG Range. He inquired from me whether I would endorse the proposal.

“I reflected for a few seconds and replied that the subject of welfare in each range was being looked after by an Inspector, and therefore the appointment of an officer of a rank of DIG was not quite necessary. The President did not appear to be pleased with my response.

“If few days, after this meeting, with the President, I was transferred as the DIG Logistics on 1.10.1994 and thereafter to Chilaw on 4.10.1994. I felt that the move by the President, to appoint several DIGs’ in charge of ‘welfare’, was meant to fulfill his desire to expand the DIG cadre to allow his favourite officer who was very junior, to also become a DIG.

“The other matter was that the DIG cadre increase was not from 19 to 30, but much above 40 since the officer concerned was at that time 44th in the list of Senior Superintendents. “

Kotakadeniya refrained from mentioning names. The Island inquiries revealed that ironically highly respected Frank Silva had been the IGP at that time and Mahinda Balasuriya the beneficiary.

Kotakadeniya, who had served as Defence Ministry advisor during Mahinda Rajapaksa’s first tenure as the President following the 2005 November Presidential election, was the only retired officer to respond to The Island piece.

Deterioration of the public sector

The deterioration of the police should be addressed at the highest level. Unfortunately, successive governments, in spite of their grandiose plans to restore the dignity of the once proud service caused further deterioration. Political parties cannot absolve themselves of the responsibility for the current predicament.

But at least it is no longer a runaway rogue force, hand in glove with the underworld, due to the current government’s no nonsense line on law enforcers. Yet the current dispensation, too, is still struggling to cope with the situation against continuing revelations on the depth of its rot. The revelation of the clandestine dealings involving the elite Police Narcotics Bureau (PNB) and heroin Mafia sent shock waves through the entire security establishment. Gunaratne, however, hadn’t at least made a reference to the PNB fiasco or the controversial release of Easter Sunday massacre suspect Riyaj Bathiudeen who had been held in CID custody in terms of the Prevention of Terrorism Act (PTA).

Mahinda Balasuriya received the appointment as the IGP in early November 2009 during Mahinda Rajapaksa’s first tenure as the President. Balasuriya resigned in early June 2011 following the killing of a 21-year-old worker, during a protest, by police fire at the Katunayake Export Processing (EPZ).

The government rewarded him with a diplomatic appointment. Balasuriya, perhaps is the only retired IGP to receive an appointment as head of a diplomatic mission in spite of stepping down under controversial circumstances. Balasuriya served as Sri Lanka’s Ambassador in Brazil. With the Parliamentary High Posts Committee, chaired by the Speaker, nothing but a rubber stamp for successive governments to accommodate their favourites, at the taxpayers’ expense, without any difficulty.

Balasuriya received significant media coverage when he was investigated by the Presidential Commission of Inquiry that Inquired into Serious Acts of Fraud, Corruption and Abuse of Power, State Resources and Privileges (PRECIFAC). The yahapalana outfit probed why Balasuriya provided armed police security for members of Wimal Weerawansa’s National Freedom Front (NFF), who hadn’t been at least members of Parliament.

The Commission sought clarification on what grounds Balasuriya provided security in the period 2010-2015.

The Commission estimated the exercise could have cost the taxpayer approximately Rs 30 mn.

Gunaratne dealt with officers with political patronage at different levels exploiting the much abused system to secure promotions. In the chapter referred to by Kotakadeniya, Gunaratne depicted an extremely negative picture of the service.

Let me reproduce verbatim the relevant section that referred to the pathetic situation of some influential persons securing key posts and promotions for stooges at the expense of the deserving: “The pattern, so monotonous since 1977, had seriously demoralized the service. Some have been adept not only in the ‘long jump,’ but also in ‘hop, step and jump,’ by obtaining more than one promotion outside the eligible criteria.

Backdoor entry into Parliament

But should we be surprised by irregular police promotions? In a country where defeated candidates can be accommodated in Parliament through the backdoor or ruling party perpetrated Treasury bond scams twice in 2015 and 2016, ‘rape of the seniority line’ as underscored by Gunaratne seemed not so serious an issue. In fact, the rot in the police is just one symptom of the overall deterioration of both public and private sectors.

In spite of the creation of the National Police Commission (NPC) in terms of the 17th Amendment to the Constitution followed by the 19th and the recently introduced 20th, the crisis-ridden department is in bad shape. The PNB’s alleged involvement in drug dealing, Riyaj Bathiudeen’s sudden shock release, alleged attempts to undermine police investigation into Easter Sunday attacks, handling of the probe into negligence on the part of Brandix and government officials in respect of the second Covid-19 eruption highlighted fundamental flaws in law enforcement.

Police continue to play politics and politicians continue to play with the police. Both parties engage in ‘politics’ at the expense of truth and credibility. The Parliament remains indifferent. Yahapalana IGP Pujith Jayasundera, in the wake of the Oct 26, 2018 constitutional crisis caused by the sacking of Wickremesinghe government, immediately switched his allegiance to the Rajapaksas. Jayasundera returned to the fold as President Sirisena’s ambitious project collapsed.

Over the years, politicians have set up systems that took care of problems. Actually, Gunaratne in ‘Dilemma of an Island’ (2001), ‘Cop in the Crossfire’ in 2011 and the latest ‘Perils of a Profession’ launched this January dealt with perhaps some broader issues though a fully-fledged Presidential Commission as suggested by the author is required to reach consensus on genuine remedial measures.

Former Sub Inspector and defeated candidate at the August 2020 general election Palitha Range Bandara recently received the appointment as the General Secretary of the demoralized UNP. Bandara succeeded Akila Viraj Kariyawasam, who was rewarded with the post of Assistant Leader.

Beleaguered UNP leader Wickremesinghe picked Bandara in spite of him being accused often of divided loyalties. But in relation to ‘Perils of a Profession,’ it would be pertinent to mention that Bandara received backdated promotion to the rank of ASP in Dec 2017, courtesy the NPC.

The NPC recommended promotion for cop-turned-politician Bandara to the rank of ASP on the grounds the previous Rajapaksa administration victimized him, politically, though he had left the police long before Rajapaksa came to power in 2005. The NPC made the recommendation to the Law and Order and Southern Development Ministry. The NPC responded to Bandara’s appeal and recommended that MP Bandara be reinstated in the Police Service from 24 August 2000 and promoted to the ASP rank on the 27th of the same month and sent him on retirement. Promoting an SI to the rank of ASP cannot be an issue for those yahapalana grandees who brought back Maj. Gen. Mahesh Senanayake from retirement to name him the Commander of the Army. The National Thowheed Jamaat (NTJ) carried out the Easter Sunday attacks during Senanayake’s tenure as the Army Commander. Instead of accepting responsibility for the failure on the part of the Directorate of Military (DMI) to thwart the NTJ project, Senanayake exploited the police lapses to contest the last presidential election. Senanayake couldn’t poll even 50,000 votes. The results of the Nov 2019 presidential poll placed Senanayake fourth behind JVP leader Anura Kumara Dissanayake.

The yahapalana administration also brought back Rear Admiral Travis Sinniah from retirement to place the Navy under him. However, it is pertinent to mention that Sinniah led some of the most successful operations on the high seas against the LTTE arms smuggling vessels.

Need for clear cut procedures

The government will have to set up specific mechanisms to deal with both law enforcement and military officers claiming political victimization, rightly or wrongly, instead of looking at them through a political lense as has been happening under various governments. Gunaratne mentioned several instances of how retired senior officers brazenly exploited the political setup for their advantage. In the absence of procedures, any wrongdoer can secure benefits at the expense of the truth.

The author dealt with an attempt made by a Colombo-based diplomatic mission to recruit a police intelligence officer in the early 70s. Having named the officer concerned as Ananda Jayasekera, who passed away in 2019, Gunaratne discussed the case that ended up with the then Prime Minister Sirimavo Bandaranaike being alerted to the foreign mission’s bid to run an agent within the State Intelligence setup.

During Mahinda Rajapaksa’s second presidential term, the US Embassy made an abortive bid to recruit Maj. Gen. Prasad Samarasinghe. The offer was made at a party hosted by the then US Defence attaché Lt. Col. Lawrence Smith on January 20, 2011, in honour of a senior officer from the US Pacific Command.

Samarasinghe not only turned down the offer to secure permanent residency in the US for him and his family by betraying the then Defence Secretary Gotabaya Rajapaksa, he promptly brought the US bid to the latter’s notice.

Against the backdrop of foreign powers stepping up their clandestine activities over the years, the circumstances under which Inspector Nishantha Silva of the CID secured political asylum for himself and his entire family a week after the last presidential poll underscored the pivotal importance of the intelligence services keeping a track of developments. Did the State Intelligence Service (SIS) headed by SDIG Nilantha Jayawardena know of the connection between Nishantha Silva and the Swiss Embassy?

Subsequent inquiries revealed a much wider conspiracy involving Swiss Embassy employee Garnier Francis, (former Siriyalatha Perera), the Swiss Embassy and the police officer who prominently figured in the leaked audio tapes of the then UNP State Minister Ranjan Ramanayake. Did SIS at least know the controversial CID investigator’s plan to flee the country in the event of Gotabaya Rajapaksa’s victory at the presidential poll? Did the then Director, CID SSP Shani Abeysekera know of his subordinate’s plan?

If the Swiss government succeeded in evacuating Garnier Francis in an air ambulance amidst accusations that government personnel molested her and threatened her with death, immediately after Inspector Silva fled the country, the issue would have been raised in Geneva at the forthcoming 46th UNHRC sessions as if it was the gospel truth. However, the possibility of the matter still being raised during the Feb-March 2021 sessions cannot be ruled out as the West is quite capable of making an untruth a truth, especially through their ‘independent’ media as happened with Iraq’s weapons of mass destruction or the maligning of Gaddafi just before his ouster and gruesome killing in public.

President Gotabaya Rajapaksa placed the SIS under intelligence veteran Maj. Gen. Suresh Sally. The SIS had never been under a military officer before. The crisis-ridden police are now placed under retired Rear Admiral Sarath Weerasekera as the Minister of Public Security with retired Maj. Gen. Jagath Alwis as the Secretary to that Ministry. The Office of Chief of National Intelligence (CNI), too, has been placed under retired Maj. Gen. Ruwan Kulathunga. In spite of the much tighter hold on the intelligence setup, the government was caught flat-footed when the demolition of the LTTE war memorial on January 8, 2021 in the Jaffna University triggered chaos. The incident placed both Sri Lanka and India in an embarrassing position as the demolition of the memorial took place close on the heels of Indian Foreign Minister Dr. Subrahmanyam Jaishankar’s high profile visit to Colombo.

Although the author made reference to the failure on the part of the police to thwart the Easter Sunday attacks, an issue as important as how the Indian intelligence managed its operations aimed at the NTJ hadn’t received due attention.

Did India alert SIS regarding their NTJ hunt or just provided the finished intelligence product on April 4, 2019, regarding the planned operation? Sri Lanka should be really worried about foreign intelligence services engaged in clandestine activities here, especially against the backdrop of growing US-China rivalry, with the former receiving the backing of India, Japan and Australia.

PLOTE leader Uma Maheswaran killing outside the Maldivian HC in Colombo in July 1989 revealed the possible involvement of the Indian intelligence. The killing took place in the wake of the PLOTE bid to overthrow the then Maldivian President Gayoom at the behest of a Maldivian businessman. The sea borne PLOTE raid went awry even before Indian troops landed there to bring the situation quickly under control.

A deeper scrutiny of ‘developments’ is required as China-US hostilities take a turn for the worse with both seeking to enhance their spheres of influence. The need for the intelligence services to be prepared to face multifarious threats on different levels is of paramount importance. The Easter Sunday carnage is certainly not the first intelligence failure and it wouldn’t be the last.

The assassination of President Ranasinghe Premadasa on May Day 1993 exposed the entire intelligence setup. The infiltration of President Premadasa’s inner circle by the LTTE is perhaps the worst single intelligence failure that proved the importance of the intelligence services being on top of the ‘political game,’ too. For intelligence services, there cannot be a worse period than President Premadasa’s tenure (1989-1993). An ignorant President played pandu with national security leading to the Eelam War II in June 1990 with disastrous consequences. Retired SSP Tassy Seneviratne didn’t mince his words when he appeared before the LLRC. Seneviratne explained how President Premadasa’s interventions caused debilitating losses at the onset of the Eelam War II. The rest is history.



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Midweek Review

Govt. failure to fill top two courts’ vacancies leaves Judiciary in a conundrum

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Supreme Court of Sri Lanka

The ruling NPP is in a deepening dilemma over a hotly disputed move to extend the retirement age of superior courts judges. The party is also under heavy fire for delaying fresh appointments to the superior courts consisting of the Court of Appeal and Supreme Court. 

A section of the Opposition wants Speaker Dr. Jagath Wickremaratne to take up the inordinate delay in filling vacancies in the superior courts. The Bar Association of Sri Lanka, Colombo High Court lawyers, Lawyers Collective, as well as the Commonwealth Lawyers’ Union have criticised the government’s move.

By Shamindra Ferdinando

Sri Lanka Muslim Congress (SLMC) leader Rauff Hakeem, MP, recently expressed concern over the alleged way Balachandran Prabhakaran, 12-year-old son of LTTE leader Velupillai Prabhakaran was killed, in cold blood, on 19 May, 2009.

A section of the Tamil media highlighted Kandy District lawmaker Hakeem’s comments regarding the alleged way Balachandran, the youngest of the three children of Tiger Supremo, met his end. Prabhakaran himself was also killed on the same day.

What prompted MP Hakeem to raise a contentious but now largely forgotten issue! Both the Sinhala and English print and electronic media failed to report the SLMC leader’s comments. Some questioned the purpose in lawmaker Hakeem raising Balachandran’s death. Some even suggested a Tamil Diaspora hand in Hakeem’s unexpected interest in Balachandran’s death.

The Island obtained the video, released by the Parliament, of the SLMC leader’s 10-minute speech, delivered on 10 June. Reference to Balachandran’s killing had been made towards the tail end of his fiery speech that primarily dealt with President Anura Kumara Dissanayake’s continuing failure to fill existing vacancies in the Court of Appeal and the Supreme Court.

The deliberate and utterly contemptible holding up of judicial promotions, for whatever reasons, cannot be discussed without examining a disputed bid to introduce an amendment to the Constitution to increase the retirement age of the Judges of the Court of Appeal and the Supreme Court.

President Anura Kumara Dissanayake, the leader of two registered political parties, namely the Janatha Vimukthi Peramuna (JVP) and the National People’s Power (NPP), seems to be on a collision course with the Opposition. With a commanding 159 MPs in Parliament, meaning a 2/3 majority, Dissanayake can easily introduce the required amendment, regardless of protests. But, the electorate won’t like that dictatorial attitude. Those who exercised their franchise for Dissanayake and the NPP at the September 2024 and November 2024 national polls, respectively, wouldn’t expect them to adopt, what can be safely described as, a dogmatic approach.

Attorney-at-law and one-time Justice Minister Rauff Hakeem castigated the President and the ruling party, ahead of the joint Opposition action, to pressure the President to fill the vacancies. Their appeal to Speaker Dr. Jagath Wickremaratne in this regard can be also interpreted as a collective opposition to the proposed amendment to increase the retirement age of judges.

The SLMC group in Parliament consists of five MPs. Of them, three had been elected under the SLMC symbol (two elected and one on the National List) and two through the Samagi Jana Balawegaya (SJB), one of them on the latter’s National List.

Lawmaker Hakeem, who had served the Parliament for over 30 years, at the onset of his speech, questioned the sudden decision to bring in regulation to compel exporters to convert their export proceeds into USD. The SLMCer declared that such panic action was taken by the government in view of the rapid deterioration of the Rupee against the USD.

Commenting on the extension of the Emergency continuously, MP Hakeem alleged that it was done for the NPP’s own parochial purposes and the Opposition expected the government to discontinue the practice.

Then he dealt with the alleged move to extend the retirement age of top judges. Referring to Chief Government Whip Dr. Nalinda Jayatissa’s shameless declaration that the issue hadn’t been even discussed among the government. The ex-justice Minister, however, disputed Jayatissa’s claim made at the post-Cabinet media briefing, while highlighting the statements issued by the Bar Association, Colombo High Court Lawyers’ Association. In addition, the Lawyers’ Collective and the Commonwealth Lawyers’ Association strongly opposed the alleged move. In spite of the Cabinet spokesman’s denial, Justice Minister and Attorney-at-Law Harshana Nanayakkara, in his comments on the issue, indicated that the matter was under discussion. In fact, Nanayakkara mentioned a comparatively higher retirement age of top judges in other countries to support the NPP’s controversial and unnecessary move.

Obviously, the NPP is not talking in one voice.

Rauff takes a strong stand

Emphasising that he addressed the issue at hand as a member of the BASL, Hakeem pointed out that there were four vacancies, each in the Court of Appeal and the Supreme Court, for the past six months. The SLMC leader said: “The President has failed in his constitutional duty to nominate judges for promotion. From the High Court to the Court of Appeal and from the Court of Appeal to the Supreme Court. By denying the rights of the judges, undue pressure is being brought on them. What will happen? This very President, when he was in the Opposition, when the previous Presidents failed to gazette the names decided on by the Constitutional Council, he made a big protest. Several times he spoke about this very vociferously in the House. But, since becoming the President, he has not nominated any names. Very clearly, the 21 Amendment provision was made to prevent Presidents from delaying the decisions taken by the Constitutional Council. He is doing the reverse by not nominating anyone to the top two courts. This is much worse. As a consequence, even our fundamental rights are impacted. Because we as litigants or lawyers or public, our right for the expeditious disposal of cases is being impacted by the delay in appointing judges to the Superior Courts.

Moreover, you are frustrating the judges who served years in the judiciary. What happens to the minor judiciary and others? There are heavy concerns among the judiciary about extending the retirement age. That’ll block their path. That’ll deprive many suitably qualified individuals the right to get onto the bench or the superior bench. High court judges will now await their chances of being promoted. Undue pressure will be brought upon them.”

Hakeem alleged that the Constitution was being deliberately violated by the President. Having directed serious allegations at the President, Hakeem emphasised the responsibility on the part of the Speaker to take up this matter with the President on their behalf. Hakeem questioned as to why the President unduly delayed the promotions. The President’s deliberate failure has caused unnecessary frustration among the judicial ranks in the country and deprived those who served the judiciary of their due rights.”

Hakeem explained how even senior officers of the Attorney General’s Department had been affected by the President’s inaction. Those officials have been deprived of the opportunity to move onto one of the superior courts, Hakeem alleged, accusing the President of, what he called, deliberate inaction and a constitutional violation.

Then Hakeem made a very serious allegation. The ex-Justice Minister alleged that the NPP was delaying the process until a favoured person is eligible to get onto the bench, “You are picking and choosing people by that thereby undermining the judiciary.”

MP Hakeem also dealt with the vexed issue of the Prevention of Terrorism Act (PTA) that had been opposed by many political parties, civil society as well as organisations such as Amnesty International. The Sttorney-at-Law took up the issue in the wake of the controversial arrest of Maj. Gen. (retd.) Suresh Sallay, Director of the Directorate of Military Intelligence (DMI/2012-2016) and Director, State Intelligence Service/2019-2024) in terms of the PTA.

MP Hakeem chided the NPP for proposing to bring in a new anti-terrorism law, under a different title, to replace the existing PTA. Declaring that the new Act would be definitely far worse than the current law, the lawyer faulted the police and the Attorney General’s Department for abusing the PTA. The former Minister said so while alleging the continuous deterioration of the standards of the police and the Attorney General’s department, due to their dependence on the draconian PTA.

Killing of Balachandran

Referring to Tamil media reports regarding the new UK Channel 4 video that dealt with the killing of Prabhakaran’s 12-year-old son, lawmaker Hakeem discussed how the military dealt with the families of the LTTE leader and that of the JVP leader Rohana Wijeweera, killed on the night of 13 November, 1989.

Pointing out that Wijeweera who had been apprehended, along with his family, by the military, was killed, Hakeem stressed that the family members weren’t harmed. They lived under the protection of successive governments but in Prabhakaran’s case the situation was entirely differently.

Hakeem scorned the JVP/NPP government for conveniently forgetting its leaders, though an annual ceremony was held in Colombo in memory of those who perished during the insurgency. Hakeem said that even the daughter of Zahran Hashim, who led the 2019 Easter Sunday attacks, was spared. But, if Prabharatan’s daughter, Duwaraka, had been killed, as alleged, that should be investigated, Hakeem said. Hakeem ended his speech addressing the Parliament in Tamil.

Prabhakaran’s wife Mathivathani, too, had been killed during the final phase of the ground offensive. Prabhakaran’s eldest son, Charles Anthony, was killed in the Karayamullavaikkal area of the Mullaitivu district, the day before Prabhakaran, wife Mathivathani, daughter Duwaraka and younger son Balachandran were killed.

Acknowledging the SLMC leader’s right to rake up the controversy over the alleged manner the deaths of the LTTE leader and his family, while in government custody, took place. It would be pertinent to mention that Hakeem, in his capacity as the Justice Minister, from November, 2010, to December, 2014, could have pushed the Mahinda Rajapaksa government to inquire into the incident.

In fact, the writer once sought a meeting with the then Minister Hakeem to discuss accountability issues and the failure on the part of the government to address them. Although the Minister gave a patience hearing and acknowledged the urgent need to take remedial measures, the war-winning Rajapaksa government, instead of taking tangible measures, played politics. By late 2014, the SLMC switched its allegiance to the UNP-led coalition, formed with the US blessings to back the candidature of another political turncoat, Maithripala Sirisena, at the 2015 presidential election.

Hakeem received the Urban Development, Water Supply and Drainage portfolio in the succeeding Yahapalana government. The Tamil National Alliance (TNA), that had been an integral part of that alliance, served the Yahapalana interests well, though it refrained from accepting any Cabinet portfolio. The JVP, too, refrained from joining the Cabinet but their role in the Yahapalana operation is in the public domain.

The Yahapalana government betrayed the armed forces at the Geneva-based United Nations Human Rights Council (UNHRC), in October, 2015, but the extent of their treachery was highlighted two years later when that administration unceremoniously dismissed Lord Naseby’s revelations pertaining to the final phase of the war.

What made the SLMC leader Hakeem to compare three incidents – the killing of Wijeweera, and government protection for his family, in November, 1989; killing of Prabhakaran and his family on the banks of the Nanthikadal lagoon, in May, 2009; and the rescue of Zahran Hashim’s daughter, following the Sainthamaruthu blasts in April, 2019. Whatever the SLMC leader’s motive in highlighting the LTTE’s case now, the need for collective response on the part of the Parliament to address the concerns of the loved ones of those who engaged in terrorism cannot be overemphasised.

The circumstances of Prabhakaran, his wife and their daughter and youngest son remained mired in controversy. Like over 11,000 LTTE cadres, both men and women, including suicide cadres who surrendered to the advancing troops on multiple fronts, Prabhakaran and his family could have given themselves up to the Army on the Vanni front. They ignored that opportunity believing in a US operation to evacuate them.

Critically important combined stand

As mentioned by the SLMC leader during his 10 June speech in Parliament, a group of Opposition MPs handed over a letter expressing their concerns over the inordinate delay in filling the vacancies in the superior courts. Pointing out that the President, in his capacity as the Chairman of the Constitutional Council, had failed to fill those vacancies, the Opposition MPs stressed the responsibility on the part of the President to act in accordance with the provisions of the Constitution. They also reminded the Speaker that it would be his responsibility to protect the independence of the judiciary, which is an important part of the sovereignty of the people.

Kandy District MP Anuradha Jayaratne, represented the new Democratic Front (NDF) in the SJB-led effort, while NDF MP Ravi Karunanayake, too, joined, though he is in logger heads with the UNP over taking the National List slot won by the NDF at the last parliamentary election. Former President and UNP leader Ranil Wickremesinghe threw his weight behind the NDF, at the November, 2024, General Electio, but could not achieve the anticipated results. The NDF managed to secure just five seats, two of them National List slots.

All Ceylon Tamil Congress leader Gajendrakumar Ponnambalam, representing the Jaffna electoral district, signed the petition, along with the Sarvajana Balaya leader Dilith Jayaweera. Unfortunately, the SLPP hadn’t been part of that grouping. Responding to The Island queries, SLPP sources assured that though they didn’t sign the petition handed over to Speaker Wickremaratne, they wholeheartedly supported the initiative.

Whatever efforts by political parties/governments in power to interfere with the judiciary should be opposed at every level. The Rajapaksas went to the extent of impeaching Chief Justice Dr. Shirani Bandaranayake and removing her under the most despicable circumstances. Belligerent Rajapaksas reacted, as expected, following the Supreme Court rulings, including one against the then SLFP/UPFA strongman Basil Rajapaksa.

The ruling UPFA directed a series of unsubstantiated allegations against her, including financial impropriety and interfering in legal cases. SJB MP Dayasiri Jayasekera recently made reference to the impeachment of Dr. Bandaranayake when he censured the NPP move to extend the retirement age of judges of the superior courts. MP Jayasekera questioned whether the NPP wanted to retain Chief Justice Preethi Padman Surasena beyond the stipulated retirement age.

Although there had been a spate of interventions, the 2013 impeachment of CJ 43 was undoubtedly the worst case ever and the appointment of former Attorney General Mohan Peiris as her successor made matters worse.

The UPFA hit back hard at Dr. Bandaranayake following unprecedented controversy over The Town and Country Planning (Amendment) Bill and Divi Neguma, gazetted in 2011 and 2012, respectively. The UPFA abandoned the first Bill and then amended the second to avoid a referendum and the required 2/3 approval. By then, the cocky UPFA had decided to impeach Dr. Bandaranayake who stood up to outright political intimidation.

Ranil Wickremesinghe, during his tenure as the President (July, 2022, to September, 2024) reacted angrily to the Supreme Court ruling that he, in his capacity as the Finance Minister and the Election Commission, violated voters’ rights by arbitrarily delaying the Local Government polls in 2023. Wickremesinghe had been also angered by his failure to secure Supreme Court endorsement for his bid to appoint Dehabandu Tennakoon as the IGP in the run-up to the 2024 Presidential Election.

There had been so many other instances when the political party/coalition, in power, felt that the judiciary undermined its agenda. There cannot be better examples of the daunting challenge faced by the UPFA due to the Supreme Court stand during Dr. Bandaranayake’s tenure as the Chief Justice.

But post-Aragalaya period, no one expected President Dissanayake to pursue an agenda that compelled the BASL to issue hard hitting statements. Since May Day 2026, there had been two such statements from the BASL that should have triggered alarm bells. The NPP is obviously on the wrong path, believing that it can proceed with a 2/3 super majority unhindered in Parliament.

The first BASL statement dealt with President Dissanayake’s controversial May Day prediction of a court ruling in a high profile case. The second one responded to a move to extend superior court judges’ retirement age.

The government should rethink its strategy. With the national economy experiencing severe difficulties and the government under pressure to abolish fuel and electricity subsidies at the behest of the IMF, the NPP should concentrate on saving the economy instead of creating fresh issues that it cannot just brush aside just because of its steamroller majority in Parliament.

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Midweek Review

The Legacy Lost

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Gladdening was the sight at morn,

For the folk of the invisible village,

Of mirthful children trekking to school,

And refuge did they take in the thought,

That at least their young would be spared,

The crushing ordeals of tenant farming,

Since they would come by some erudition,

But our elders are now up against the truth,

That all is not well at the humble school,

Since even the morsel of education,

Painstakingly dished out there,

Comes with scary price tags attached;

Making dropping out the best thing to do.

 

By Lynn Ockersz

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Midweek Review

July 09: An inexcusable overall security failure and exceptional contingency plan

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A massive throng of people inside the President's House after mobs forced Gotabaya Rajapaksa to flee on 09 July, 2022

Ulugetenne

The Sri Lanka Navy, on 04 June, commissioned SLNS Samudravijaya, formerly United States Coast Guard Cutter Decisive. It is the fourth mothballed US Coast Guard cutter transferred to the SLN through the US Excess Defence Articles Programme. President Anura Kumara Dissanayake attended the ceremony at the Colombo Port. The US Embassy in Colombo, in a statement issued on the same day, quoted Defence Attaché Lieutenant Colonel Matthew House as having said: “Few partners have demonstrated the commitment to maintaining and operating these vessels as successfully as the Sri Lanka Navy. The outstanding condition and operational performance of SLNS Samudura, SLNS Gajabahu, and SLNS Vijayabahu are a testament to the professionalism and technical expertise of Sri Lankan sailors. Their stewardship of these vessels helped build the confidence that made this fourth transfer possible.” The first of the four vessels SLNS Samudura was commissioned on 19 February, 2005, during Chandrika Bandaranaike Kumaratunga’s tenure as the President. Milinda Moragoda, Economic Reforms and Science and Technology Minister of the previous UNP-led UNF government, played a significant role in acquiring that vessel. SLNS Samudura boosted SLN and participated in numerous operations, including the high profile hunt for LTTE floating warehouses, during the Eelam War IV. But, the US refrained from transferring any more big ships during the war though on the then Navy Commander Vice Admiral Wsantha Karannagoda’s request to provide intelligence and Washington obliging, made the successful hunt for LTTE floating arsenals in the last stages of the war possible. The transfer of the second vessel took place 19 years after the end of the war. Ex USCG Sherman was commissioned 06 June, 2019, as SLNS Gajabahu (P626). The third vessel was transferred to the Sri Lanka Navy on October 26, 2021, as the country was heading towards an unprecedented economic crisis. That vessel was commissioned as SLNS Vijayabahu at the Colombo Port with the participation of President Ranil Wickramasinghe and US Ambassador to Sri Lanka Julie Chung on November 20, 2022. Ironically SLNS Gajabahu, one of the ex-US vessels prominently figured in the contingency plan to save President Gotabaya Rajapaksa, but whose downfall was engineered by the US.

By Shamindra Ferdinando

The moment President Gotabaya Rajapaksa decided to take up residence at the President’s House (Janadhipathi Mandiraya), Fort, in the first week of April, 2022, the Navy had no option but to prepare a thorough contingency plan, in case the regime change project posed a realistic threat to the life of the President.

The President, in consultation with senior military officers, made his move within 48 hours after violence erupted outside his private residence at Pangiriwatte, Mirihana, on the night of 31 March, 2022. That decision seemed realistic and sensible at that time.

But, in the wake of the disastrous overall armed forces response to the coordinated violence unleashed by the regime change project on 09 May, 2022, in the aftermath of the Temple Trees ordered attack on Galle Face protesters, the top brass must have recognised the urgent need for total overhauling of security strategy. But, unfortunately, that hadn’t been the case. With violent crowds overwhelming the armed forces, deployed to block them, rapidly approaching the President’s House, those who had been at the makeshift Operations Room there were stunned.

In hindsight, the President’s decision to remain at the President’s House, regardless of the near failure on the part of the armed forces to repulse the raid on Temple Trees, on 09 May, seemed unwise. The rescue operation could have gone wrong and the war-winning President Mahinda Rajapaksa could have ended up in the hands of an angry mob.

Perhaps, the conspirators envisaged the President’s move, from Pangiriwatte to the President’s House, situated walking distance away from the Galle Face protest site, where they could draw additional strength.

The failure on the part of the government to take tangible measures, in the wake of the President’s House becoming the sole target on that fateful day, is a contentious issue that needs to be properly investigated. Don’t forget that the court case filed over the 09 May attacks on the residences and properties belonging to SLPP politicians, and some supporters ,was later withdrawn. The Wickremesinghe-Rajapaksa government never investigated the 09 May incidents.

Exactly two months after the mobs almost succeeded in breaking through defences at Temple Trees, on the night of 09 May/10, where Prime Minister Mahinda Rajapaksa was residing, they mounted the assault on the President’s House.

In the wake of the 09 May mayhem, President Gotabaya Rajapaksa named Lt. Gen. Vikum Liyanage as the Commander of the Army. He succeeded General Shavendra Silva who served as the CDS but was out of the country when all-out mayhem was unleashed by the Aragalaya mobs on 09 July, 2022, to oust the sitting government.

In spite of a direct and growing threat to the President’s House, on 09 July, 2022, the President felt confident in meeting the challenge. The President issued a directive to the Secretary, Ministry of Defence, General (retd.) Kamal Gunaratne, to shift the Operations Room from the Defence Force Headquarters, at Akuregoda, to the President’s House. Having shifted the Operations Room on 08 July, 2022, to the President’s House, as directed by the President, the top brass prepared to face the challenge.

Maj. General K.B. Egodawela, who served as an Additional Secretary (Administration) to the President, from the day the President moved to the President’s House, till he vacated on 09 July, 2022, in his memoirs ‘Aragalaya: Adarayen Prachandathwayata’ (From Love to Violence) revealed that though the top brass opposed the shifting of the Operations Room they carried out the directive. While the President felt that the top brass could collectively work at the President’s House to bring the situation under control, Gen Gunaratne proposed that the President should move to Akuregoda Defence Forces Headquarters, according to Egodawela. In fact, Gunaratne, who had been with Gotabaya Rajapaksa from the very beginning of the sinister campaign, strongly opposed the President’s decision to remain there.

Obviously, the President’s House pathetically failed to ascertain the scale of the protest and the rapidity with which protesters overwhelmed troops deployed outside the President’s House stunned the top brass. Had they swiftly reached consensus on Gen. Gunaratne’s suggestion, perhaps the 09 July regime change operation could have been thwarted. The armed forces could have resorted to tougher measures to prevent a march on Akuregoda Defence Forces Headquarters had the President agreed to move there.

Within two hours after the protest, targeting the President’s House began, video footage provided by drones indicated that troops couldn’t hold the rampaging mobs any longer. According to Egodawela, the top brass had been prepared to remove the President, even without his consent, by landing a helicopter in the Colombo harbor or by ship. Finally, they resorted to the second option. As the President and First Lady Ayoma got into a vehicle and took the rear exit into the adjoining former Navy Headquarters, mobs entered the President’s House. Another vehicle carrying several other persons followed.

The then Navy Commander Vice Admiral Nishantha Ulugetenne who had been with the President at the President’s House got into the vehicle carrying the President. Had they stayed at the President’s House for 10 more minutes, the consequences could have been devastating. https://island.lk/gotabayas-escape-from-aragalaya-mob-in-rti-spotlight/

Egodawela, who had been with the President from the very beginning of the presidential term, alleged that the raiders planned to kill the President and several others and display their bodies. The author quoted an unidentified intelligence officer as having told him that the raiders wanted to display the bodies the way LTTE leader Velupillai Prabhakaran’s body was shown.

Perhaps shifting the Operations Room from Akuregoda Defence Force Headquarters to the President’s House had been a risky move that, in a way, facilitated the regime change operation. The rationale in bringing those who had been tasked with countering the impending threat to one place (President’s House) to be with the target (Gotabaya Rajapaksa) seems unbelievably a dicey move. The President had been influenced by what he described as inordinate and unforgivable delay on the part of the Akuregoda Operations Room to carry out timely evacuation of Prime Minister Mahinda Rajapaksa on the night of 09 May from Temple Trees. Most probably, the President wanted to oversee the 09 July counter operation personally. But, in hindsight, the decision to shift the Operations Room from Akuregoda to the President’s House obviously hadn’t been a clever move.

SLN preparations

When mobs threatened to overwhelm the President’s security at Pangiriwattta, on 31 March, additional police and STF contingents were brought in. They were followed by the Navy and Air Force. The Army arrived at the scene, subsequently.

As pointed out by the President himself, the situation at Temple Trees, on 09 May, had been far worse and the combined police and armed forces response revealed that they hadn’t taken precautionary/counter measures, even after the Pangiriwatta fiasco.

At the time of the incidents, the overall Temple Trees security deployment included about 60 elite Special Boat Squadron (SBS) personnel deployed within the premises and were supplemented by seven SLN platoons. The Army also moved in to strengthen Temple Trees defences but the mobs pressed on till troops fired blank ammunition.

The top brass, directing counter measures from Akuregoda Defence Force Headquarters, had to act swiftly and decisively to evacuate those at the Temple Trees or face the consequences. As there hadn’t been any other alternative place of living proposed, Prime Minister Mahinda Rajapaksa, wife Shiranthi and their eldest son Namal were escorted to nearby former Air Force Headquarters and from there flown to the Trincomalee Navy base. VA Ulugetenne, over the phone, issued instructions to the relevant officer in Trincomalee to make arrangements as two helicopters carrying the group took off from the helipad on the top of the former Air Force Headquarters. The helicopters departed around 04 in the morning.

They had stayed at Trincomalee Navy House for about a week and, as requested by the Navy, paid for their stay because by then Mahinda Rajapaksa had resigned. Perhaps, they could have taken refuge at the Panagoda Army cantonment or at Saliyapura, home to the Gajaba Regiment, but, at the end, sought the protection at the Trincomalee Navy base.

Ironically, President Gotabaya Rajapaksa, too, had to take refuge at the Trincomalee Navy base, exactly two months later. Ever since the President moved into the President’s House, Fort, the Navy had been on their toes to meet any eventuality. The daunting task of arranging evacuation by sea fell on the shoulders of VA Ulugetenne, who, meticulously, planned the operation with his staff.

Having informed the President of the contingency plans, VA Ulugetenne stationed two Advanced Offshore Patrol Vessels (AOPVs), namely SLNS Sindurala and SLNS Gajabahu and four Fast Attack Craft (FACs), at the Colombo Port. It would be pertinent to mention that SLNS Sindurala, built at the Goa shipyard, in terms of an agreement signed at the tail end of the Mahinda Rajapaksa government, was adjudged the best vessel in the SLN fleet in 2022.

Additional SBS personnel and snipers, too, had been brought in to Colombo though none of them knew exactly what their task would be. The OPV and FAC crews most probably felt that they were awaiting orders for a major anti-drug operation in the high seas.

As the decision was made to evacuate the President and the First Lady, the Chief alerted the vessels and quickly deployed tugboats to pull SLNS Sindurala and, shortly thereafter, SLNS Gajabahu, formerly of the US Coast Guard, carrying the President and the First Lady. By the time the two AOPVs moved in different directions, on the instructions of VA Ulugetenne, the hand phones of SLNS Gajabahu crew were collected to prevent them from revealing what was happening. Along with the AOPVs, two pairs of FACs had moved out to sea. (https://island.lk/ranil-reveals-bid-to-get-rid-of-him-while-gr-was-fleeing-to-trinco-on-board-slns-gajabahu/)

Nearly 12-hour journey to Trinco

The SLNS Gajabahu, formerly of the US Coast Guard, had a crew consisting of over 100 officers and men. Someone, most probably a port employee, posted a short clip of some unidentified persons taking large travelling bags into the ship but the President, First Lady and VA Ulugetenne going in were never captured on a camera.

As the vessel began its journey towards Trincomalee, it remained approximately 12 nautical miles from land and the President received many calls, some of which weren’t answered. VA Ulugetenne, too, received quite a number of calls. Those familiar with the developments at that time said that some felt that SLNS Gajabahu should move out of Sri Lankan waters. There had been suggestions that the destination should be the Maldives, India or Singapore. Regardless of such suggestions, SLNS Gajabahu proceeded towards Trincomalee where the Navy made necessary arrangements to host them.

Captain Marlon Perera, who still serves the Navy, had been the Commanding Officer of the vessel. Perera now holds the Commodore rank.

During the journey precautions were taken to ensure the safety and security of the President and the First Lady. Although the crew hadn’t been aware that they would be entrusted with such a sensitive task at a time the country was in crossroads against the backdrop of an economic collapse and sovereign default, there were fears of the crew being affected by propaganda in support of regime change operation.

The attempt made by sailor Wijemuni Vijitha Rohana de Silva to cause harm to Indian Prime Minister Rajiv Gandhi, way back in July, 1987, underscored the necessity to take precautions during the Colombo-Trincomalee journey as the possibility of anti-Gotabaya campaign having an impact on at least some members of the ship crew couldn’t be ruled out.

On July 30, 1987, during a guard of honor in Colombo, the 21-year-old naval rating struck Gandhi on the shoulder and back with the butt of his rifle. Gandhi narrowly avoided the full impact of the blow by evasive ducking.

On the invitation of VA Ulugetenne, Gotabaya Rajapaksa attended all the formalities in respect of a visit undertaken by the President to the Trincomalee Navy base. The President participated in those formalities knowing that he couldn’t attend the commissioning parade that was scheduled to be held on 15 July, 2022. The Navy was not in a position to put off the commissioning parade hence the decision to invite Defence Secretary Gunaratne as the Chief Guest.

Ulugetenne retired from active naval service on 18 December, 2022, following a distinguished career, spanning over 37 years. He received the appointment as the 24th Commander of the Navy in July, 2020, just a couple of months after Gotabaya Rajapaksa’s election as the President.

Wickremesinghe, in his capacity as Gotabaya Rajapaksa’s successor, appointed Ulugetenne as Sri Lanka’s Ambassador to Cuba. The appointment was made in late 2023 and the retired Navy Chief presented his credentials to Cuban President Miguel Díaz-Canel on 13 February, 2024 (https://island.lk/from-fonseka-convictions-to-arrest-of-ulugetenne/)

However, within weeks after the last presidential election held in late November, 2024, the NPP government recalled over a dozen top envoys appointed by the previous administration. Admiral Ulugetenne was among them. The government deprived a decorated officer, who had served the country for nearly four decades, from completing his term in Havana. Within months after his return, he became the target of a murder investigation.

Then out of the blue the retired Navy Chief became the focus of a murder investigation, that, too, post-war. The Criminal Investigation Department (CID) arrested him on 28 July, 2025, over the disappearance of a person reported in July, 2020.

Kurunegala High Court Judge Tikiri Jayatilleke, on 14 October, 2025, granted him bail. Jayatilleke declared that the CID acted in an illegal manner in respect of the former Navy Commander. His counsel Kalinga Indatissa, PC, alleged in court that his client had been apprehended only on the basis of an ex-LTTE cadre’s allegation in the absence of any evidence

The next hearing is scheduled for 08 July, 2026. Ulugetenne was held at the Kegalle Prison for four days and then transferred to the Dumbara (Pallekale) Prison. Altogether, he was in prison for 80 days, like a common criminal, despite him being a former Navy Commander with an unblemished career record.

Wartime Chief of Naval Intelligence, Rear Admiral (retd) Sarath Mohotti, who had been also arrested in connection with the same investigation, was also granted bail, a few weeks later.

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