Midweek Review
Aragalaya: Ranil faulted amidst an eye opening dissenting judgement
Arjuna Obeysekere
Justice Arjuna Obeysekere, in his dissenting opinion, asserted that the legality of Emergency Regulations has been the primary target of petitioners. Based on the first impression; accepted as correct until proved otherwise, Obeyesekere declared that the Emergency Regulations were arbitrary but were not extended beyond 30 days and no individual has been prosecuted thereunder. Justice Obeyesekere assured that had any individual been affected by these Emergency Regulations, he wouldn’t have hesitated at all in examining the offending regulations.
There had been several court cases pertaining to unprecedented happenings and developments that ended up with democratically elected President Gotabaya Rajapaksa having to flee the country on 13 July, 2022, with mobs in hot pursuit, in the guise of angry, suffering civilians from the unprecedented economic crisis.
The Bar Association of Sri Lanka (BASL) was the first to move the Supreme Court against the economic crisis. The BASL filed two fundamental rights applications in the SC on 25 March, 2022, less than a week before the launch of Aragalaya, demanding the resignation of President Rajapaksa.
In spite of different descriptions regarding the launch of Aragalaya, the writer would like to consider the protest directed at President Rajapaksa’s private residence at Pangiriwatte, Mirihana, on the evening of 31 March, 2022, as the beginning of the sinister campaign by its architects here and abroad, especially the latter to bury the Rajapaksas, both politically and physically. One major reason for their resentment was the Rajapaksas relatonship with China. The Rajapaksa government obviously failed to recognise the developing threat, fuelled by destruction of public services as a result of the economic crisis.
Having judged the rapid deterioration of the economy, in the run-up to the Pangiriwatte protest, where well organised groups overwhelmed the police and the military, fundamental rights applications were filed by the then BASL President Saliya Pieris PC, Deputy President, Anura Meddegoda PC, Secretary, Rajeev Amarasuriya (incumbent BASL President), Treasurer Rajindh Perera, and Assistant Secretary Pasindu Silva.
The petitioners were represented by Dr. K. Kanag-lsvaran PC, Uditha Egalahewa PC, Suren Gnanaraj and Pulasthi Hewamanne, instructed by G.G. Arulpragasam.
Declaring that their fundamental rights, under Articles 11, 12(1), 13(4),14(1)(g),14(1)(h) and 14A of the Constitution, were being violated, or in imminent danger of infringement by the actions and/or inaction of the State, including the Attorney General, the Cabinet-of-Ministers, the Governor of the Central Bank, the Secretary to the Treasury, Secretaries to several Ministries, the Ceylon Electricity Board, the Ceylon Petroleum Corporation and the State Pharmaceutical Corporation.
They wanted the SC to direct the Cabinet-of-Ministers, and/ or any other respondents, to immediately consult all the relevant stakeholders and independent experts to formulate and implement an action plan to provide uninterrupted access to and to provide concessions in relation to the prices of essential goods and services to the people, including LP gas, fuel, electricity, milk powder, medicines and food.
Subsequently, BASL filed a motion requesting the SC to take up cases urgently. The BASL also amended the affidavit to categorise those who accepted Cabinet portfolios after the appointment of Ranil Wickremesinghe as the Premier on May 12, 2022, as respondents.
However, the BASL, in late October 2022, suspended the action taken against the Wickremesinghe-Rajapaksa administration. By then Wickremesinghe was in the process of taking tangible measures to improve the ground situation. When the writer sought an explanation from the BASL as to why the cases that had been filed over the deterioration of the economy had been suspended as the situation remained critical, BASL President Pieris said, on 02 November, 2022: “It was laid by not withdrawn. Our Counsel thought that at the moment there is nothing the court can do further. It can be revived again.” The BASL move eased pressure on the Wickremesinghe-Rajapaksa government.
Merril Gunaratne is perhaps the first and the only ex-law enforcement officer to warn President Rajapaksa’s government of the impending threat. Responding to The Island queries regarding the violent Pangiriwatte protests that overwhelmed the police and the military, as well as clashes at Rambukkana, on 19 April, Gunaratne asserted that the police should quickly adopt a contingency plan to meet large scale, often violent and simultaneous protests as the turmoil was unlikely to end soon. Gunaratne said so on 20 April, 2022 (Ex-top cop urges police to be prepared for any eventuality as protests also have political undertones, The Island, 21 April, 2022).
The Rajapaksa government didn’t heed Gunaratne’s advice. Instead, the government arrested the senior officer in charge of the Kegalle Division for ordering the police to open fire on a violent mob at Rambukkana. Gunaratne pointed out that the police resorted to firing, after about 15 hours, after protesters blocked both the railway line and major roads, via Rambukkana, the former with a lethal incendiary device in the form of a commandeered petrol bowser. Gunaratne underscored that though protests erupted on 31 March, 2022, and quickly spread to the provinces, the police refrained from firing till 19 April, 2022.
RW’s response
Wickremesinghe brazenly exploited Aragalaya to his advantage, and that of his political party, despite the UNP having been reduced to just one National List slot in Parliament at the previous general election, under his leadership.
Having fully backed a high profile ‘Gota-go-Home’ campaign, Wickremesinghe changed his strategy the moment he accepted the premiership of the Sri Lanka Podujana Peramuna (SLPP)-led government, on the invitation of President Rajapaksa. That was 12 May, 2022. For Wickremesinghe there was no turning back. With an eye on the presidency, Wickremesinghe pressed ahead with his strategy, in the wake of an utterly foolish decision, on the part of Temple Trees, to unleash UPFA goons on the Galle Face protesters on 09 May. Aragalaya had been fully prepared and geared to mount a counter attack on a scale that reduced the Rajapaksa government to a Pradeshiya Sabha, within 24 hours. The Temple Trees attack gave Aragalaya the opportunity to unleash countrywide violence on a scale that took the government by surprise.
Had someone in authority bothered to act on advice offered by ex-Senior DIG Gunaratne the government could have had a mechanism to respond to the overwhelming threat. But President Rajapaksa was insistent on not spilling any blood.
The way Aragalaya activists set ablaze Premier/Acting President Wickremesinghe’s private residence, at Kollupitiya, on the night of 09 July, must have influenced his decision to take specific measures to regain control of the situation the moment he received appointment as the 9th President.
The SLPP threw its weight behind Wickremesinghe, at the expense of their own Dullas Alahapperuma, who suffered a humiliating defeat in Parliament. Gotabaya Rajapaksa, in his widely read ‘Conspiracy to oust me from the presidency,’ justified the SLPP choosing Wickremesinghe to complete the remainder of his five-year term. The author asserted that only Wickremesinghe could have handled the developing situation at that time.
The SLPP move divided the party and led to its total ruination of the setup. From a commanding position in Parliament at the time where the SLPP had a staggering 145 members (2020 to 2024), the indomitable party is now reduced to just three members, including Namal Rajapaksa. The SLPP National Organiser had been so unsure of himself, he entered Parliament through the National List. Let us get back to Wickremesinghe’s strategy to consolidate his position soon after the Parliament elected him the President. The UNP leader obviously acted on the premise that political authority couldn’t be consolidated unless he cleared protesters from government buildings. Although, initially, some believed, and asserted, that Aragalaya would de-escalate soon after Wickremesinghe received the Premier appointment, it was not so. The SLPP failed to realise that Wickremesinghe wouldn’t be satisfied with merely completing Gotabaya Rajapaksa’s term but wanted to contest the next presidential election, with the backing of the then ruling plan. But first Wickremesinghe had to take full control of the situation. Within hours after taking oaths as the President, Wickremesinghe unleashed the military on Galle Face protesters, who rather strangely melted into thin air after having threatened to die for the country for a system change.
On the orders of the President, who is also the Commander-in-Chief of the armed forces, the military evicted Galle Face protesters on the night of 21 July, 2022. Wickremesinghe had the blessings of the top SLPP leadership to restore government control. Wickremesinghe appeared to have been prepared to face any eventuality when he ordered the July 21st night crackdown to end mob violence. The move surprised those who had hitherto considered Wickremesinghe as their man.
The US, Canada and the UK objected to Wickremesinghe’s actions.
SC faults Prez

Yasantha / Murdu
Nearly a dozen people challenged Wickremesinghe’s actions in the Supreme Court. The SC recently ruled that Wickremesinghe, in his capacity as Acting President, was wrong in declaring an emergency on 17 July, 2022, and ordered the Attorney General to issue instructions to future presidents on similar actions.
Justice Yasantha Kodagoda declared that the emergency declaration of 17 July, 2022, and regulations on 18 July, “are a nullity and are deemed to have never had the recognition of the law.”
“The Attorney General is directed to, within three (03) months from the date of this Judgment, incorporate the principles of law contained in this Judgment into a detailed legal advisory, and forward such advisory to the Office of His Excellency the President for necessary consideration,” Justice Kodagoda said.
“A copy of that advisory is to be filed on record in this Court”.
The outgoing Chief Justice Murdu Fernando agreed. That was her last ruling before retirement. But Justice Arjuna Obeyesekere dissented.
Before presenting Justice Obeyesekere’s opinion, let me identify the petitioners, namely former member of the Human Rights Commission Attorney-at-Law Ambika Sathkunanathan, Attorney-at-Law Wewala Pandithage Namini Thathprabha Panditha and Rusiru Tharinda Egodage (Liberal Youth Movement of Sri Lanka), Centre for Policy Alternatives (CPA) and its Executive Director Dr. Paikiasothy Saravanamuttu, Attorney-at-Law Atham Lebbe Aazath and LL.B. graduate and a student of the Sri Lanka Law College Laxmanan Sanjeev, and Head of Programmes at the Law and Society Trust T.M.P. Sandun Thudugala.
The Attorney General has been named a respondent in terms of Article 35(1) of the Constitution as at the time of filing fundamental rights petitions Wickremesinghe served as the President.
Petitioners challenged issuing a proclamation under section 2 of the Public Security Ordinance, No. 25 of 1947 (as amended) on a countrywide state of Emergency on 17th July, 2022. On the following day, Wickremesinghe promulgated Emergency Regulations under section 5 of that Ordinance. The Petitioners challenged both the issuance of the Proclamation and the promulgation of Emergency Regulations. Asserting that the situation on the ground didn’t require such a response, they considered the Acting President’s decisions an abuse of power.
Regardless of the petitioners’ assertion that the situation on the ground hadn’t warranted such a response, during hearing of the case, the Counsel, who appeared for the petitioners, agreed with the Deputy Solicitor General, appearing for the respondents, that on 19th July a large mob forcibly entered and occupied the Prime Minister’s Office, situated at Flower Road, Colombo 7.
It would be pertinent to mention that the Aragalaya mob murdered SLPP lawmaker Amarakeerthi Athukorale, and his police bodyguard, in broad daylight, at Nittambuwa, on 09 May, 2022, and the abortive bid to take control of Parliament on 13 July, 2022. The respondents asserted that the move against the Parliament was meant to prevent the proposed election of a President (SLPP backed Wickremesinghe, Dullas Alahapperuma sponsored by SJB, and NPP’s Anura Kumara Dissanayake, were in the fray) to complete Gotabaya Rajapaksa’s five-year term.
Although the SC ruling made no reference to the JVP/NPP, the role played by the JVP in that operation against the Parliament is all too well known.
Before thebpolice and the armed forces brought the situation under control, the Aragalaya activists had snatched two T-56 Chinese assault rifles, three magazines and 60 rounds of ammunition. Several police and military personnel suffered injuries.
Essentially, Wickremesinghe’s decision to declare a countrywide emergency should be considered, taking into consideration the incidents on 09 May, 09 July and 13 July 13. The SC was told that Wickremesinghe acted on the advice given by the IGP, Secretary to the Ministry of Defence and the Public Security Minister.
In the section headlined ‘Conclusions reached by Court regarding the factual scenario,’ Justice Kodagoda stated the following: “The events of 2022 referred to by both the Petitioners and the Respondents associated with the Aragalaya and in respect of which some amount of evidence has been placed before this Court are certainly unprecedented in the annals of the history of this country. Though there may be debate regarding the possible causes, motivating factors, socio-political dimensions, whether or not there was any external interference or involvement, justification, lawfulness or otherwise of the individual incidents that constituted the Aragalaya as well as the Aragalaya as a whole, identities of those involved both directly and indirectly, outcomes, immediate and long-term implications, etc., the events themselves have become part of the publicly known recent history of this country.”
A dissenting opinion
Justice Arjuna Obeyesekere, respectfully disagreed with the majority opinion that Wickremesinghe’s proclamation at issue is arbitrary, an abuse of power, illegal, and hence a violation of the fundamental rights of the People of this Country guaranteed by Article 12(1) of the Constitution. Justice Obeyesekere declared that his own evaluation of the situation and the relevant law led him to a different conclusion. Obeyesekere’s thought-provoking opinion is a must read for lawmakers and all those who are genuinely concerned about the circumstances President Gotabaya Rajapaksa was forced to flee the country on 13 July, 2022, and the then Speaker Mahinda Yapa Abeywardena’s confirmation of external intervention in Aragalaya on 21 March, 2024.
Why did Abeywardena wait or so long to make that disclosure? If the SLPPer hadn’t been subjected to a no-confidence motion by the Opposition for alleged violation of constitutional provisions as head of the Constitutional Council at the voting to approve the appointment of Deshabandu Tennakoon as the IGP.
Speaker Abeywardena inadvertently confirmed National Freedom Front (NFF) leader Wimal Weerawansa’s shocking claim of US intervention in Aragalaya made in March 2023. Writer Sena Thoradeniya, in his must read Galle Face Protest; Systems Change or Anarchy? launched a couple of months later explained the US role in overthrowing Gotabaya Rajapaksa.
Speaker Mahinda Yapa Abeywardena revealed in Parliament that he had been asked by some foreign powers to take over the executive presidency while the country was in crisis owing to the Aragalaya protests.
Abeywardena alleged that the objective of those who made that request was to create another Libya or Afghanistan here. They did not want to resolve the crisis or restore law and order to protect this country. Declaring that during Aragalaya, many parties had pressured him to accept the post of Executive President, Abeywardena claimed that there were both local and foreign forces. “I was asked to name a Prime Minister and Cabinet-of-Ministers and rule the country.
“However, I was determined to uphold democracy,” the Speaker said, adding that he was surprised to see some of those who asked him to become the President of the country had signed the no-faith motion against him.
In support of his dissenting opinion, Justice Obeyesekere referred to paragraph 47 of the majority decision. He pointed out that an extraordinary situation which had serious security implications existed in Sri Lanka at the time President Wickremesinghe declared a state of emergency on 18 July, 2022. The bid to surround Parliament on 13 July, 2022, may have caused the sabotage of the scheduled election in Parliament on 20 July, 2022, in terms of Article 40(1) (C) of the Constitution. Therefore, in the majority opinion, too, on the day President Wickremesinghe declared a countywide emergency, there was a serious situation involving a deterioration of law and order in the country.
Justice Obeysekere emphasised that once the President is satisfied that there existed a state of public emergency he could make the proclamation under Section 1. The justice declared that there was no need to choose between Section 2 of the Ordinance on the one hand, and inter alia Sections 12, 16 and 17 in Part III of the Ordinance on the other.
Having meticulously explained the basis on which he formed dissenting opinion, Justice Obeyesekere declared that the fundamental rights of the petitioners guaranteed by Article 12(1) have not been infringed by Wickremesinghe by making of the disputed proclamation. Obeyesekere dismissed all applications, without costs.
By Shamindra Ferdinando
Midweek Review
BASL fears next set of civil society representatives might be rubber stamps of NPP
CC in dilemma over filling impending vacancies
Sajith Premadasa
Amidst a simmering row over the controversial move to have Deshabandu Tennakoon as the IGP at the time of crucial presidential election, Opposition Leader Sajith Premadasa alleged: “The Speaker sent a letter to the President, recommending the appointment of Deshabandu Tennakoon as IGP. He distorted the Constitutional Council ruling by interpreting the two abstaining votes of civil society members as votes against Deshabandu and used his casting vote to recommend Deshabandu as the Constitutional Council decision. It is on the basis of the Speaker’s letter that the President made the appointment. The Speaker has blatantly violated the Constitution
.”
Speculation is rife about a possible attempt by the ruling National People’s Power (NPP) to take control of the 10-member Constitutional Council (CC). The only way to take command of the CC is to appoint those willing to pursue the NPP agenda as civil society representatives.
Against the backdrop of the NPP’s failure to obtain CC’s approval to finalise the appointment of the Auditor General, the government seems hell-bent on taking control of it. Civil society representatives, namely Dr. Prathap Ramanujam, Dr. (Mrs.) Dilkushi Anula Wijesundere and Dr. (Mrs.) Weligama Vidana Arachchige Dinesha Samararatne, whose tenure is coming to an end in January, blocked President Anura Kumara Dissanayake’s nominee receiving the AG’s position. They took a courageous stand in the greater interest of the nation.
Chulantha Wickramaratne, who served as AG for a period of six years, retired in April 2025. Following his retirement, President Anura Kumara Dissanayake first nominated H.T.P. Chandana, an audit officer at the Ceylon Petroleum Corporation. The CC rejected the nomination. Subsequently, President Dissanayake appointed the next senior-most official at the National Audit Office (NAO) Dharmapala Gammanpila, as Acting Auditor General for six months. Then, the President nominated Senior Deputy Auditor General L.S.I. Jayarathne to serve in an acting capacity, but her nomination, too, was also rejected.
Many an eyebrow was raised when the President nominated O.R. Rajasinghe, the Internal Audit Director of the Sri Lanka Army, for the top post. As a result, the vital position remains vacant since 07 December. Obviously the overzealous President does not take ‘No’ for an answer when filling key independent positions with his minions
The Bar Association of Sri Lanka (BASL) in a letter dated 22 December, addressed to President Dissanayake, who is the leader of the NPP and the JVP, Prime Minister Dr. Harini Amarasuriya, Speaker Dr. Jagath Wickremaratne and Opposition Leader Sajith Premadasa emphasised their collective responsibility in ensuring transparency in the appointment of civil society representatives.
Cabinet spokesperson and Health and Media Minister, Dr. Nalinda Jayatissa, is on record as having emphasised the urgent need to finalise the appointment. Minister Jayatissa alleged, at the post-Cabinet media briefing, that the President’s nominations had been rejected without giving explanation by certain members, including three representatives of civil society.
Parliament, on 18 January, 2023, approved the former Ministry Secretary Dr. Ramanujam, former Chairperson of the Sri Lanka Medical Association Dr. Wijesundere, and Dr. Samararatne of the University of Colombo as civil society representatives to the CC.
They were the first post-Aragalaya civil society members of the CC. The current CC was introduced by the 21 Amendment to the Constitution which was endorsed on 31st of October, 2022, during a time of grave uncertainty. UNP leader Ranil Wickremesinghe, who had been elected by the SLPP to complete the remainder of ousted President Gotabaya Rajapaksa’s five-year term, sought to manipulate the CC. Wickremesinghe received the SLPP’s backing though they fell out later.
During Wickremesinghe’s tenure as the President, civil society representatives earned the wrath of the then Rajapaksa-Wickremesinghe government by refusing to back Deshabandu Tennakoon’s appointment as the IGP. The then Speaker Mahinda Yapa Abeywardena was accused of manipulating CC’s ruling in respect of Deshabandu Tennakoon to suit Wickremesinghe’s agenda.
Amidst a simmering row over the controversial move to have Deshabandu Tennakoon as the IGP, at the time of crucial presidential election, Opposition Leader Sajith Premadasa alleged: “The Speaker sent a letter to the President, recommending the appointment of Deshabandu Tennakoon as IGP. He distorted the Constitutional Council ruling by interpreting the two abstaining votes of civil society members as votes against Deshabandu and used his casting vote to recommend Deshabandu as the Constitutional Council decision. It is on the basis of the Speaker’s letter that the President made the appointment. The Speaker has blatantly violated the Constitution.”
The NPP realises the urgent need to neutralise the CC. The composition of the CC does not give the Opposition an opportunity to challenge the government if the next three civil society representatives succumb to political pressure. The Speaker is the Chairman of the CC. The present composition of the Constitutional Council is as follows: Speaker (Dr) Jagath Wickramaratne, ex-officio, PM (Dr) Harini Amarasuriya, ex-officio, Leader of the Opposition Sajith Premadasa, ex-officio, Bimal Rathnayake, Aboobucker Athambawa, Ajith P. Perera, Sivagnanam Shritharan, Dr Prathap Ramanujam, Dr Dilkushi Anula Wijesundere and Dr Dinesha Samararatne.
In terms of Article 41E of the Constitution, the CC meets at least twice every month, and may meet as often as may be necessary.
The failure on the part of the NPP to take over Office of the AG must have compelled them to explore ways and means of somehow bringing CC under its influence. The end of the current civil society members’ term, has given the government a chance to fill the vacancies with henchmen.
BASL’s letters that dealt with the appointment of civil society representatives to the CC and the failure to appoint AG, both dated 22 December, paint a bleak picture of the NPP that throughout the presidential and parliamentary polls last year assured the country of a system change. The NPP’s strategy in respect of filling the AG’s vacancy and possible bid to manipulate the CC through the appointment of civil society representatives reminds us of the despicable manipulations undertaken by previous governments.
An appeal to goverment
BASL seems convinced that the NPP would make an attempt to appoint its own to the CC. BASL has urged the government to consult civil society and professional bodies, including them, regarding the forthcoming vacancies in the CC. It would be interesting to examine the NPP’s strategy as civil society, too, would face daunting challenges in choosing representatives.
Civil society representatives are nominated by the Speaker by agreement of the Prime Minister and the Leader of the Opposition.
If consensus cannot be reached swiftly, it would cause further political turmoil at a time the country is experiencing an unexpected burden of dealing with the post-Cyclone Ditwah recovery process.
The term of non-ex-officio members of the Council is three years from the date of appointment. In terms of the Constitution, the civil society representatives should be persons of eminence and integrity who have distinguished themselves in public or professional life and who are not members of any political party. Their nominations should be approved by Parliament.
In spite of the NPP having an absolute 2/3 majority in Parliament, the ruling party is under pressure. The composition of the CC is a big headache for NPP leaders struggling to cope up with rising dissent over a spate of wrongdoings and a plethora of broken promises. The furore over the inordinate delay in finalising AG’s appointment has made matters worse, particularly against the backdrop of the BASL, Transparency International Sri Lanka Chapter and Committee on Public Finance, taking a common stand.
Having been part of the clandestine regime change project in 2022; Western powers and India cannot turn a blind eye to what is going on. Some Colombo-based foreign envoys believe that there is no alternative to the NPP and the government should be given the opportunity to proceed with its action plan. The uncompromising stand taken by the NPP with regard to the appointment of permanent AG has exposed the ruling party.
In the wake of ongoing controversy over the appointment of the AG, the NPP’s integrity and its much-touted vow to tackle waste, corruption, irregularities and mismanagement seems hollow.
The government bigwigs must realise that appointment of those who campaigned for the party at the presidential and parliamentary polls caused deterioration of public confidence. The appointment of ex-top cops Sharnie Abeysekera and Ravi Seneviratne with black marks as Director, CID and Secretary to the Ministry of Public Security and Parliamentary Affairs, eroded public confidence in the NPP administration.
A vital role for CC
The SLPP, reduced to just three lawmakers in the current Parliament, resented the CC. Having secured a near 2/3 majority in the House at the 2020 Parliamentary election, the SLPP made its move against the CC, in a strategy that was meant to strengthen President Gotabaya Rajapaksa’s hands at the expense of Parliament. Introduced in 2001 during Chandrika Bandaranaike Kumaratunga’s presidency, the 17th Amendment paved the way for the establishment of the CC. Those who wielded political power subjected the CC to critical changes through 18th, 19th and 20th amendments. Of them, perhaps, the 20th Amendment to the Constitution that had been passed in October 2020 is the worst. The SLPP replaced the CC with a Parliamentary Council. That project was meant to consolidate power in the Executive President, thereby allowing the appointment of key officials, like judges, the Attorney General, and heads of independent commissions.
People may have now forgotten the 20th Amendment removed civil society representatives from the so-called Parliamentary Council consisting of lawmakers who represented the interests of the government and the main Opposition. But such manipulations failed to neutralise the challenge (read Aragalaya) backed by external powers. The role played by the US and India in that project has been established and there cannot be any dispute over their intervention that forced Gotabaya Rajapaksa to flee the country.
Interestingly, Ranil Wickremesinghe, who had been picked by the SLPP to complete the remainder of Gotabaya Rajapaksa’s term, restored the CC through the passage of 21 Amendment on 31 October, 2022. Unfortunately, the NPP now wants to manipulate the CC by packing it with those willing to abide by its agenda.
It would be pertinent to mention that the 20th Amendment was aimed at neutralising dissent at any level. Those who formulated that piece of legislation went to the extent of proposing that the President could sack members appointed to the Parliamentary Council by the Prime Minister and the Opposition Leader without consulting anyone.
If not for the Aragalaya, the Parliamentary Council that didn’t serve any meaningful purpose could have paved the way for the President to fill all key positions with his nominees.
Recommendation of nominations to the President for the appointment of Chairpersons and Members of Commissions specified in the Schedule to Article 41B of the Constitution.
Commissions specified in the Schedule to Article 41B: The Election Commission, the Public Service Commission, the National Police Commission, the Audit Service Commission, the Human Rights Commission of Sri Lanka, the Commission to Investigate Allegations of Bribery or Corruption, the Finance Commission, the Delimitation Commission and the National Procurement Commission.
Approval/ Disapproval of recommendations by the President for the appointment to the Offices specified in the Schedule to Article 41C of the Constitution.
Offices specified in the Schedule to Article 41C: The Chief Justice and the Judges of the Supreme Court, the President and the Judges of the Court of Appeal, the Members of the Judicial Service Commission, other than the Chairman, the Attorney-General, the Governor of the Central Bank of Sri Lanka, the Auditor-General, the Inspector-General of Police, the Parliamentary Commissioner for Administration (Ombudsman) and the Secretary-General of Parliament.
NPP under pressure
In spite of having the executive presidency, a 2/3 majority in the legislature, and the bulk of Local Government authorities under its control, the NPP is under pressure. Their failure to muster sufficient support among the members of the Colombo Municipal Council (CMC) to pass its 2026 Budget underscored the gravity of the developing situation. The unexpected loss suffered at the CMC shook the ruling party.
But, the NPP faces a far bigger challenge in filling the AG’s vacancy as well as the new composition of the CC. If the NPP succeeds with its efforts to replace the current civil society representatives with rubber stamps, the ruling party may feel vindicated but such feelings are likely to be short-lived.
Having criticised the government over both contentious matters, the BASL may be forced to step up pressure on the government unless they can reach a consensus. It would be really interesting to know whether the government accepted the BASL’s request for consultations with the stakeholders. Unless consensus can be reached between the warring parties there is possibility of opening of a new front with the BASL and civil society being compelled to take a common stand against the government.
The developing scenario should be examined taking into consideration political parties and civil society confronting the government over the proposed Protection of the State from Terrorism Act (PSTA). Having promised to do away with the Prevention of Terrorism Act (PTA) in the run up to the presidential election, the NPP is trying to explain that it cannot do without anti-terrorism law. The civil society is deeply unhappy over the NPP’s change of heart.
The National Peace Council (NPP) that has been generally supportive and appreciative of the NPP’s efforts probably with the blessings of its benefactors in the West, too, has now found fault with the proposed PSTA. Dr. Jehan Perera, NPP’s Executive Director commented: “A preliminary review of the draft PSTA indicates that it retains core features of the PTA that have enabled serious abuse over decades. These include provisions permitting detention for up to two years without a person being charged before a court of law. In addition, the broad definition of terrorism under the draft law allows acts of dissent and civil disobedience to be labelled as terrorism, thereby permitting disproportionate and excessive responses by the state. Such provisions replicate the logic of the PTA rather than mark a clear break from it.”
Except the BASL, other professional bodies and political parties haven’t commented on the developing situation at the CC while taking into consideration the delay in appointing an AG. The issue at hand is whether the government intends to hold up AG’s appointment till the change of the CC’s composition in its favour. Whatever the specific reasons, a country that has suffered for want of accountability and transparency, enters 2026 without such an important person to guard against all types of financial shenanigans in the state.
All previous governments sought to influence the Office of the AG. The proposed establishment of NAO prompted the powers that be to undermine the effort. The Yahapalana administration diluted the National Audit Bill and what had been endorsed as National Audit Act, Nov. 19 of 2018 was definitely not the anti-corruption grouping originally proposed. That Act was amended this year but the Office of the AG remains vacant.
The NPP has caused itself immense harm by failing to reach consensus with the CC on filling the AG’s post. Unfortunately, the ruling party seems to be uninterested in addressing the issue expeditiously but is exploring the possibility of taking over control of the CC by stuffing it with civil society members favourable to the current ruling clique.
By Shamindra Ferdinando
Midweek Review
Towards Decolonizing Social Sciences and Humanities
‘Can Asians Think?’

I want to initiate this essay with several questions. That is, are we, in Sri Lanka and in our region, intellectually subservient to what is often referred to as the ‘West’? Specifically, can knowledge production in broad disciplinary areas such as social sciences and humanities be more creative, original and generated in response to local conditions and histories, particularly when it comes to practices such as formulating philosophy and theory as well as concepts and approaches? Why have we so far imported these from Western Europe and North America as has been the undisputed norm?
In exploring the responses and delving into this discussion, I will seek reference from the politics of the recently published book, Decolonial Keywords: South Asian Thoughts and Attitudes edited by Renny Thomas from the Department of Humanities and Social Sciences at the Indian Institute of Science Education and Research – Bhopal and me. The book was brought out by Delhi-based Tulika Publishers in December 2025.
Let me first unpack my anxiety over theory and philosophy, which I have talked about many times previously too. Any social science or humanities text we read here or elsewhere in South Asia invariably borrows concepts, theories and philosophical input generated mostly in Western Europe and North America. It almost appears as if our region is incapable of serious and abstract thinking. It is in this same context, but specifically with reference to India that Prathama Banerjee, Aditya Nigam and Rakesh Pandey have observed in their critical essay, ‘The Work of Theory Thinking across Traditions’ (2016), that for many “theory appears as a ready-made body of philosophical thought, produced in the West …” They argue, “the more theory-inclined among us simply pick the latest theory off-the-shelf and ‘apply’ it to our context, notwithstanding its provincial European origin, for we believe that ‘theory’ is by definition universal.”
Here, Banerjee et al make two important points. That is, there is an almost universal acceptability in the region that ‘theory’ is a kind of philosophical work that is exclusively produced in the West, followed by an almost blind and unreflective readiness among many of us to simply apply these ideas to local contexts. In doing so, they fail to take into serious consideration the initial temporal and historical contexts in which these bodies of knowledge were generated. However, theory or philosophy is not universal.
This knowledge is contextually linked to very specific social, political and historical conditions that allowed such knowledge to emanate in the first place. It therefore stands to reason that such knowledge cannot be applied haphazardly/ willy-nilly anywhere in the world without grave consequences. Of course, some ideas can be of universal validity as long as they are carefully placed in context. But to perceive theory or philosophy as all-weather universals is patently false even though this is the way they are often understood from universities to segments within society in general. This naiveté is part of the legacy of colonialism from which these disciplines as well as much of their theoretical and philosophical structures have been bequeathed to us.
It is in this context that I would like to discuss the politics our book, Decolonial Keywords: South Asian Thoughts and Attitudes entail. Here, thirty South Asian scholars from across disciplines in social sciences and humanities have come together to “discuss words and ideas from a variety of regional languages, ranging from Sinhala to Hebrew Malayalam” encapsulating “the region’s languages and its vast cultural landscape, crossing national borders.” To be more specific, these languages include Assamese, Arabic-Malayalam, Bengali, Hebrew Malayalam, Hindi, Nepali, Sanskrit, Sinhala, South Asian uses of English, Tamil-Arabic, Tamil, Urdu and concepts from indigenous languages of Nagaland and Arunachal Pradesh.
Each chapter, focuses on a selected word and “reiterates specific attitudes, ways of seeing and methods of doing that are embedded in the historical and contemporary experiences of the region” keeping in mind “the contexts of their production and how their meanings might have changed at different historical moments.”
In this exploration, the volume attempts to understand “if these words and concepts can infuse a certain intellectual rigour into reinventing social sciences and humanities in the region and beyond.” In short, what we have attempted is to offer a point of departure to a comprehensive and culturally, linguistically and politically inclusive effort at theory-building and conceptual fine-tuning based on South Asian experiences and histories. We assume these concepts from our region might be able to speak to the world in the same way schools of thought in politically dominant regions of the world have done so far to us. This is a matter of decolonizing our disciplines. But it is still not a claim for universality. After all, our main focus is to come up with a body of conceptual categories that might be useful in reading the region.
When Sri Lankan social sciences and humanities as well as the same disciplines elsewhere in the region thoughtlessly embrace knowledges imported in conditions of unequal power relations, it can never produce forums for discourse from which we can speak to the world with authority. In this book, Thomas and I have attempted, as an initial and self-conscious effort, to flip the script on theory-building and conceptualization in social sciences and humanities in South Asia in the region’s favour.
We are however mindful that this effort has its risks, intellectually speaking. That is, we are conscious this effort must be undertaken without succumbing to crude and parochial forms of nativism that are also politically powerful in the region including in Sri Lanka and India. This book presents an array of possibilities if we are serious about decolonizing our social sciences and humanities to infuse power into the discourses we generate and take them to the world instead of celebrating our parochiality like the proverbial frog in the well. Unfortunately, more often than not, we are trained to be intellectually subservient, and mere followers, not innovators and leaders bringing to mind the polemical title of Kishore Mahbubani’s 2002 book, Can Asians Think?
Midweek Review
The ever-changing river: Chandana Ruwan Jayanetti’s evolving poetic voice
It is said that no man steps into the same river twice, for it is not the same river, and he is not the same man. These words came to mind upon reading Chandana Ruwan Jayanetti’s latest poetry collection, Poems from Galle, which inevitably invites comparison with his earlier work, particularly his first volume of poetry and prose, Reflections in Loneliness: A Collection of Poems and Prose (2015).
In this new collection, Jayanetti is demonstrably not the same poet he was a decade ago. His horizons have widened. his subject matter has diversified, and his thematic range has deepened. The earlier hallmarks of his work, including his empathetic attention to human experience, sensitivity to the natural world, and intimate, reflective tone, remain present. Yet they are now complemented by a stronger defiance, a more deliberate engagement with the political and the cosmic, and a broader mosaic of local and universal concerns. His poetic voice has evolved in scope, tonal range, and thematic ambition.
My own acquaintance with Jayanetti’s poetry dates back to our undergraduate days at Sabaragamuwa University of Sri Lanka, where we were classmates pursuing a BA in Languages (English Special). Even then, his work revealed precise observational skill coupled with profound sympathy for individuals. This early sensibility found fuller articulation in Reflections in Loneliness, a collection spanning nearly two decades of creative endeavor.
That inaugural volume traversed a wide thematic landscape: childhood memories; tender compassion toward humans and animals; tributes to the deserving; the joys and sorrows of young love; and reflections on Sri Lanka’s three-decade Northeast conflict, which concluded in 2009. Jayanetti’s verse, written with sincerity and empathy, moves fluidly from deeply personal to universally human. Moments of striking poignancy include the loss of his wife’s mother, the death of a young friend who marched unflinchingly to the warfront, and the bittersweet parting from a lover.
The prose section of Reflections in Loneliness offered a return to the rural simplicity of the 1970s and ’80s through the perspective of a schoolboy. Essays such as We Buy a Bicycle, Television Descends, The Village Goes to the Fair, Bathing Excursions and Hingurakanda evoke a bygone era with unvarnished authenticity. As literary critic Kamala Wijeratne noted, Jayanetti’s prose merited commendation for its perceptive and affectionate portrayal of rural life, written with the authority of lived experience. His meticulous attention to minute details revealed not only the flaws and frailties of human nature but also its loyalties and quiet virtues, articulated with unforced sympathy.
Consisting of 31 poems and five prose pieces, Reflections in Loneliness established Jayanetti as a writer of elegance, precision, and emotional depth. The current collection, however, confirms the Heraclitean and Buddhist insights: both the poet and his poetry have changed. The new work reflects an expansion from the personal to the cosmic, from the intimately local to the globally resonant, a testament to an artist in motion, carried forward by the ever-changing current of his creative life.
Jayanetti’s poetic corpus in the new book Poems from Galle, spanning thirty-five evocative works from They Heard the Cock Crow to A Birthday Celebration, reveals a profound and consistent artistic signature rooted in themes of humanity, nature, history, and social consciousness. Throughout these poems, Jayanetti demonstrates a distinctive voice that is simultaneously empathetic, contemplative, and alert to the complexities of his Sri Lankan heritage and the broader human condition. While maintaining a core of thematic and tonal consistency, each poem enriches this foundation by expanding into new dimensions of experience, whether personal, ecological, political, or historical.
A foundational element of Jayanetti’s poetry is the intimate relationship between humans and nature, frequently underscored by a deep ethical awareness. In poems like From a Herdman’s Life and My Neighbor, he gives voice to the quiet dignity of rural existence and animal companionship, portraying a symbiotic bond imbued with mutual care and respect. Similarly, Fallen Elephant and Inhumanity lament the cruelty inflicted upon majestic creatures, indicting human greed and violence. These poems articulate not only empathy for the natural world but also an implicit call for stewardship, threading a moral sensibility throughout the collection.
This concern extends to the socio-political sphere, as Jayanetti often situates his poems within the fraught realities of Sri Lanka’s history and struggles. Homage to Sir Henry Pedris honors a national martyr, while Confession of a Sri Lankan Cop exposes institutional corruption and personal integrity in tension. Hanuma Wannama and Gone Are They tackle political violence and social upheaval, reflecting the poet’s engagement with national trauma and collective memory. These works enrich the thematic landscape by connecting personal narrative to larger historical forces.

Jayanetti’s choice of subjects is remarkably diverse yet unified by a focus on lived experience—ranging from the intimate (To a Puppy That Departed, Benji) to the grand (Mekong, A Voyage). The poet’s attention to place, whether the Sri Lankan cityscape in City Morning and Evening from the College Terrace or the historic Ode to Galle Fort, anchors his work in locality while evoking universal themes of time, change, and belonging. Even poems centered on seemingly mundane moments, such as Staff Meeting or A Game, are elevated by the poet’s keen observational eye and capacity to find meaning in everyday rituals.
Moreover, Jayanetti often draws from historical and cultural memory, as seen in Ludowyk Remembered, Let Ho Chi Minh Guide You, and Rathna Sri Remembered, positioning his poetry as a dialogue between past and present. This choice expands his thematic range to include legacy, identity, and the power of remembrance, linking the individual to the collective consciousness.
Across the collection, Jayanetti’s tone is marked by a blend of gentle empathy and quiet strength. Poems such as A Companion Departed and To a Puppy That Departed convey tenderness and mourning with understated poignancy. His voice is intimate and accessible, inviting readers into personal reflections suffused with emotional depth.
Yet, this empathy is balanced by moments of stark realism and defiance.
In Corona and Hanuma Wannama, the tone shifts to urgent and accusatory, critiquing social injustice and political decay. A Ship Weeps mourns environmental devastation with an elegiac voice that is both sorrowful and admonitory. This tonal range reveals a poet capable of both consolation and confrontation, who embraces complexity rather than sentimentality.
While many poems explore specific moments or relationships, others invite contemplation on broader existential and cosmic themes. For instance, A Voyage and Mekong traverse spatial and temporal boundaries, evoking the interplay between human journeys and natural cycles. A Birthday Celebration reflects on legacy, learning, and the continuum of knowledge, blending personal homage with universal insight.
Even poems like A Bond and A Game gesture toward symbolic resonance, the former exploring interspecies loyalty as a metaphor for fidelity and duty, the latter invoking sport as a microcosm of life’s challenges and hopes. These works demonstrate Jayanetti’s ability to expand familiar motifs into metaphoric and philosophical territory, enriching his poetic landscape.
Jayanetti’s thirty-five poems in Poems from Galle collectively reveal a consistent and compelling artistic signature that intertwines compassionate engagement with nature and society, a profound sense of place, and an acute awareness of history and memory. His voice navigates seamlessly between moments of intimate reflection and urgent social commentary, creating a poetic landscape that resonates with both specificity and universality.
Each poem adds a distinct dimension to this mosaic. Historical and political awareness emerges strongly in poems like Let Ho Chi Minh Guide You and Homage to Sir Henry Pedris, where the sacrifices of national heroes and struggles for justice are evoked with reverence and clarity. Meanwhile, environmental consciousness is vividly articulated in works such as Abandoned Chena, Kottawa Forest, and Fallen Elephant, where the fragility of ecosystems and the human impact on nature are poignantly explored.
Jayanetti also delves deeply into themes of personal loss and companionship in poems like Benji, A Companion Departed, and In Memory of Brownie, tenderly capturing the bond between humans and animals. Poems like Confession of a Sri Lankan Cop and Hanuma Wannama offer raw social critique, revealing layers of political and moral complexity.
Through this interplay of historical, environmental, personal, and political themes, Jayanetti constructs a body of work that is distinctly Sri Lankan in its cultural and geographical grounding yet profoundly universal in its exploration of human experience. His poetry invites readers to reflect on the interconnected fates of humans, animals, and the natural world, urging a deeper awareness of our shared existence and responsibilities.
by Saman Indrajith
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