Editorial
A welcome judgment
Tuesday 17th November 2020
The Court of Appeal (CA), which heard a case filed by the Centre for Environmental Justice (CEJ) against SJB MP Rishad Bathiudeen over clearing part of the Kallaru forest reserve in Mannar for a housing scheme, has ordered him to bear the cost of reforesting the affected area. The CEJ deserves public plaudits for its successful legal battle against the destruction of forests.
The CA judgment is most welcome and sure to have a deterrent effect on those bent on destroying the country’s precious forests. The onus is on the government to reforest the deforested section of the Kallaru reserve; the affected area is believed to encompass as many as 2,500 acres. How much Buthiudeen will have to spend on reforestation has not been estimated. However, senior lawyer Ravindra Dabare, who fought the successful legal battle against Bathiudeen, has said the cost of replanting will be about Rs. 3 billion.
The question, however, is whether the present regime that has ordered the construction of a road through some parts of Sinharaja, a world heritage rainforest, and sought to ridicule environmentalists as a hindrance to development, has any concern for forests in Mannar. It has also taken steps to allow what are known as ‘other forest’ lands to be utilised for cultivation purposes. It looks as if forests had to be protected from the government as well!
The blame for what Bathiudeen has done to the environment cannot be laid entirely at the feet of the yahapalana leaders, who gave him free rein between 2015 and 2019. His deforestation drive began during the Rajapaksa government, in which he was a powerful minister. In fact, it is the Rajapaksas who created him and benefited from his block vote until he decamped in 2014. The rise of Bathiudeen in politics was possible due to the internally displaced Muslims’ grievances that have gone unaddressed all these years. Before and after the conclusion of the war, governments led by the UNP and the SLPF, let them down badly. Bathiudeen, who himself is a displaced Muslim, undertook to champion their cause, but after being established in politics, emulated others who are notorious for seeking political expediency and carrying out various rackets on the pretext of helping the public.
Now that the CA has determined that the forest land where the newly built houses stand in Kallaru was cleared illegally, the people living there will have to be removed. Bathiudeen says the houses have been given to internally displaced Muslims. The LTTE chased about 100,000 Muslims out of the North in 1990. They were given a few hours to leave, and their assets plundered. They fled to Mannar, and some of them moved to other areas. These people have been denied their right to return where they had lived before being driven away.
The Muslim IDPs, occupying the newly built houses in areas like Kallaru must be resettled in a proper manner. Crafty politicians must not be allowed use their plight as an excuse for grabbing forest lands or carrying out other rackets. Bathiudeen deserves severe punishment for destroying forests, but the grievances of the Muslim IDPs must be redressed. The same goes for the IDPs belonging to other communities, who also became victims of the LTTE’s ethnic cleansing campaign, and have not got their properties back in the North.
In this country, even a person who cuts down a jackfruit tree in his own garden without a permit gets fined or thrown behind bars. Now that the CA has given its much-awaited judgment, the state is duty bound to prosecute Bathiudeen for destroying a forest reserve. Whether the state prosecutor will get cracking remains to be seen?
Editorial
Democratic rights crushed under a juggernaut
Wednesday 24th June, 2026
The JVP-NPP government yesterday did not scruple to deprive the Opposition of an opportunity to debate some vital issues affecting the judiciary, in Parliament. The Opposition made a request to the Speaker, under Standing Orders, for a debate on the vacancies numbering four each in the Supreme Court (SC) and the Court of Appeal (CA) and an alleged move to raise the retirement ages of the SC and CA judges. But the government raised objections and put paid to the Opposition’s efforts, triggering protests in the House. It was obvious that the government members did not want even a brief debate on the aforementioned issues as they could not defend their position.
Some Opposition MPs rightly pointed out that the judicial power of the people was exercised by the legislature through courts, etc., according to the Constitution, and therefore Parliament was duty bound to debate issues, such as vacancies in the judiciary and a questionable government move to increase some judges’ retirement ages. Leader of the House and Minister Bimal Rathnayake took a swipe at the Opposition, recalling an attempt by some MPs to summon the Supreme Court judges before a parliamentary committee over a judgement during the previous government. True, the members of the SLPP-UNP government, currently in the Opposition, undermined the judiciary by criticising judges whose rulings were not to their liking and by postponing elections in violation of court orders. But two wrongs do not make a right.
The Bar Association of Sri Lanka, the Colombo High Court Lawyers’ Association, etc., have severely criticised the alleged government move to extend the retirement ages of judges of the SC and the CA and urged it to fill the vacancies in those two courts. The Opposition has gone to the extent of claiming that the government is trying to leverage judges’ promotions, etc., to further its political interests at the expense of the integrity of the judiciary. These are issues that must be debated in Parliament urgently.
As the dynamic balance of Vata, Pitta and Kapha is to a person’s wellbeing, in Ayurveda, so is the harmonious functioning of the three branches of government, the legislature, the executive and the judiciary, to a country’s democratic health. In both cases imbalance invites trouble. Unfortunately, no government has fully adhered to the principle of the separation of powers during the last several decades, and the Executive Presidency has made a bad situation worse. All Executive Presidents have meddled with the legislature and the judiciary. ‘Change’ that the current administration promised during its election campaigns has become pie in the sky. President Anura Kumara Dissanayake stands accused of having the legislature under his thumb and undermining the judiciary.
JVP/NPP politicians never miss an opportunity to boast of their two-thirds majority. Minister Rathnayake yesterday reminded the Opposition of the government’s supermajority. A common trait of all Sri Lankan politicians is that they let power go to their heads. Steamroller majorities are apparently jinxed in this country. Intoxicated with power, governments exude arrogance, become aggressive, suppress dissent and dig their own political graves in the process. No government with a supermajority has secured a second term at a free and fair election in this country. The J. R. Jayewardene government, which had a five-sixth majority obtained under the first-past-the-post system, retained its hold on power in 1982 through a heavily-rigged referendum. The UNP won the 1989 general election mainly because of the JVP’s reign of terror, which prevented many people from voting and created a situation where the UNP could stuff ballot boxes. Two-thirds majorities could not save the SLFP-led United Front government (1970-1977), the Mahinda Rajapaksa government (2010-2015) and the Gotabaya Rajapaksa government. Such is the transient nature of political power and huge parliamentary majorities.
The JVP-NPP government can abuse its parliamentary majority to bulldoze its way through, but there is no way it can justify its refusal to allow issues affecting judicial independence to be debated in Parliament. It ought to remember that the power of the people is far greater than the people in power, as a saying goes.
Editorial
FCID’s big catch
Tuesday 23rd June, 2026
The Financial Crimes Investigation Division (FCID) has uncovered a large-scale foreign exchange fraud and arrested a Colombo-based businessman who is reported to have transferred millions of US dollars out of the country through a large number of shell companies since 2023. He has been allegedly involved in money laundering and illegal transfer of funds for phantom imports, according to media reports. The FCID deserves praise for its successful raid, but there is reason to believe that it is only scratching the surface of the problem. Much more needs to be done.
There are many other foreign currency racketeers who deprive Sri Lanka’s banking system of a colossal amount of dollars annually through various illegal operations. Among them are many exporters. Public Security Minister Ananda Wijepala told Parliament about two weeks ago that investigations had revealed that a large number of import-export entities operated only for short periods of around six months. He said the Customs had identified 105 local companies operating 227 accounts in 13 banks, with funds transferred overseas on 26,108 occasions between 01 January, 2023 and 30 September, 2025, for phantom imports. Besides, there are many businessmen who park most of their export proceeds overseas and resort to unlawful practices, such as misinvoicing, to mislead the Customs.
Informal fund transfer systems like hawala and undiyal have thrived under successive governments due to better exchange rates offered by them, faster transfers, virtual absence of documentation and, most of all, secrecy. They facilitate unregulated forex flows with impunity, much to the detriment of the economy. It has been reported that many expatriate Sri Lankan workers use these informal channels to transfer funds.
The country gains only when migrant workers send remittances through official channels, for foreign currency enters the banking system; the Central Bank can accumulate reserves, and remittance inflows appear in official balance-of-payments statistics. When remittances are diverted through hawala or undiyal networks, foreign exchange bypasses the banking system, distorting balance-of-payments data, reducing official reserve accumulation and making the Central Bank lose regulatory oversight on foreign currency flows. These informal fund transfer systems not only take their toll on the country’s foreign currency reserves but also pose a threat to national security as they are used for funding illegal activities including terrorism. Curiously, there has been no all-out effort to neutralise these networks.
One may recall that when the first signs of a foreign currency crisis appeared in 2021, the media raised the issue of unregulated forex flows through informal fund transfer systems with the then government leaders, who sought to make light of the situation, claiming that there was no need for action against such operations. A few months later, the country was left with no forex even for essential imports, and those leaders had to outrun protesters. The present-day leaders are likely to face a similar fate unless illegal fund transfer operations are disrupted and everything possible is done to build foreign currency reserves. which are under tremendous pressure.
There is a pressing need for stronger laws to deal with foreign currency racketeers. The abolition of the Exchange Control Act of 1953 and the introduction of the Foreign Exchange Act of 2017 during the UNP-led Yahapalana government have stood foreign currency racketeers in good stead, as we pointed out in a previous editorial comment. The Exchange Control Act was the primary legislative framework governing foreign currency, gold, securities, and cross-border financial transactions in Sri Lanka. The Foreign Exchange Act introduced under the pretext of liberalising the foreign currency flow converted non-bailable criminal offences into civil offences. The incumbent government should seriously consider restoring the Exchange Control Act if it is to deal with racketeers effectively and shore up foreign currency reserves.
Editorial
Clear up fuel pricing confusion urgently
Monday 22nd June, 2026
The JVP-NPP government, like all its predecessors, has got obfuscation down to a fine art. It muddies the water whenever issues concerning fuel prices are raised in Parliament or elsewhere. Its leaders give evasive answers to questions about fuel cost calculations in a way that makes one wonder if they stretch the truth and pluck figures out of the air to support their arguments. Curiously, their claims go unchallenged. The Opposition is apparently at sea; it lacks focus. A wag says it seems to have been affected by Attention Deficit Hyperactivity Disorder.
An Opposition MP has at long last realised the need to challenge the government’s claims about its fuel pricing methodology and pump prices. SLPP National Organiser and MP Namal Rajapaksa has called upon the government to disclose how fuel prices are worked out and make public a full cost breakdown so that consumers will know whether its claim of a fuel subsidy is true or false. This is something the Opposition should have done much earlier. MP Rajapaksa has also asked the government to reduce fuel prices in keeping with world oil price decreases following the signing of an interim peace agreement between the US and Iran.
Interestingly, MP Rajapaksa’s contention is at variance with the position of some Opposition parties which are protesting against a government claim that funding will not be available for “the current fuel subsidy” after June. What one gathers from the aforementioned protests is that a section of the Opposition believes that fuel is actually subsidised and the subsidy must be retained. Given these contradictory claims about the so-called fuel subsidy, what needs to be done is to pressure the government to provide fuel cost breakdowns so that they can be examined independently. Figures given by government politicians apparently do not add up where fuel prices are concerned.
Last month, President Anura Kumara Dissanayake publicly stated that a litre of diesel cost as much as Rs 720 though it was sold at Rs. 392 at that time. (The current diesel price is Rs. 407 a litre.) The President also claimed the government provided a subsidy of Rs. 100 per litre on diesel. Prime Minister Dr. Harini Amarasuriya has recently repeated the President’s claim in a bid to support her argument that it is not possible to reduce local fuel prices immediately in keeping with global oil prices drops. Going by the President’s claim, the Ceylon Petroleum Corporation (CPC) and the private fuel companies suffer huge losses.
The government has chosen to remain silent on taxes and a special loss recovery levy of Rs. 50 on a litre of fuel. There have been attempts to have this levy converted into a cess so that the Treasury can recover it from the private fuel companies as well, but they have been in vain, according to some Opposition politicians. This issue must be raised in Parliament. Will the Opposition officially seek an explanation from the government?
It is believed that the government imposes an unconscionably high price mark-up on fuel to recover losses caused by the extensive use of diesel for producing extra power to compensate for the Norochcholai generation loss caused by substandard coal procured fraudulently. The CPC has admitted that it purchased diesel shipments at prices ranging from USD 281 to USD 303 per barrel at the height of the Iran war to prevent supply disruptions. Perhaps, it would not have been so desperate if there had been no coal procurement racket and the Norochcholai coal-fired power plant had operated at full capacity, producing 900 MW.
It is nothing but fair to demand that the CPC and the Finance Ministry provide accurate cost breakdowns whenever fuel prices are revised so that the public can see whether official figures add up or fuel prices are increased arbitrarily. The incumbent government, which came to power promising to usher in good governance, should uphold transparency in the process of determining fuel prices.
Successive governments have used the cost reflective fuel pricing formula, claiming that it helps determine fuel prices in a rational and fair manner. If so, the question is why they have not cared to make it legally enforceable and ensure transparency and accountability.
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