Editorial
Diyawanna battles
Friday 23rd April, 2021
Parliamentary sessions, at times, can be far more entertaining than cable TV programmes like Animal Fight Club. On Wednesday, our honourable MPs almost came to blows during a debate on the report of the Presidential Commission of Inquiry (PCoI), which probed the alleged instances of political victimisation under the previous government. The Opposition accused the government of having adopted an ad hoc method to open an escape route for the SLPP MPs and supporters with court cases against them.
The SJB argued, in Parliament on Wednesday, that all 90 cases mentioned in the PCoI report could not be considered instances of political victimisation as they had been filed by the person, who currently holds the post of Chief Justice, when he was the Attorney General. Its line of reasoning has left us puzzled. The SJB’s argument is apparently based on the assumption that the legality of actions taken by an Attorney General who goes on to become the Chief Justice cannot be challenged. But one may recall that in 2018 the Supreme Court rejected all arguments that the person, who is the current Chief Justice, put forth, in his capacity as the Attorney General, in defence of the then President Maithripala Sirisena, who sacked Prime Minister Ranil Wickremesinghe and formed a new government with Mahinda Rajapaksa as the Prime Minister, before dissolving Parliament, unable to muster a simple majority therein. The UNF government was reinstated, and, interestingly, the following year the Attorney General, whose defence of the presidential actions did not stand up to judicial scrutiny, became the Chief Justice. The rest is history.
That the SJB’s argument at issue is flawed cannot, however, be used to justify the government’s claim that all those against whom the aforesaid cases were filed during the yahapalana government have been politically victimised.
Political victimisation is part of Sri Lanka’s rotten political culture. Many people have been politically victimised under successive governments, and they need redress. The yahapalana government also manipulated the police and the Attorney General’s Department to compass its political ends while claiming to be on a mission to restore the rule of law and usher in good governance. But the fact remains that after every regime change, lawbreakers in the garb of government MPs pretend to be victims of political witch-hunts and some of them succeed in having their cases terminated. The Opposition is, therefore, right in having challenged some decisions of the PCoI on political victimisation although the arguments it has put forth to bolster its position are specious.
Meanwhile, among those affected by political victimisation are two former Heads of the Judiciary—Dr. Shirani Bandaranayke and Mohan Peiris. The impeachment that led to the ouster of Dr. Bandaranayake in 2013 was politically motivated. The then Rajapaksa government got rid of her because it considered her an impediment to its political project which it sought to have legitimised judicially. Two years later, the yahapalana government righted the wrong, but the method it employed for that purpose was wrong. Instead of having Parliament correct what it had done to her, it had President Sirisena reinstate her by ‘vapourising’ Chief Justice Peiris. The presidential decree that Dr. Bandaranayke’s removal was unlawful; the post of the Chief Justice had not fallen vacant and, therefore the appointment of Peiris as the head of the judiciary was null and void ab initio, made an already bad situation worse. The yahapalana government should have taken action against either Peiris or former President Mahinda Rajapaksa, who appointed him the Chief Justice or both of them, if it had really believed in its claim that he (Peiris) had been functioning as the Chief Justice unlawfully; that was the only way it could have justified the defenestration of Peiris. There were reports that some yahapalana goons had threatened him to resign.
Justice Minister Ali Sabry recently declared in Parliament that the removal of Peiris as the Chief Justice had been illegal, and promised to take remedial action. This issue, too, should be debated in Parliament.
Editorial
Torpedoes, diplomacy and humanity
The Sri Lanka Navy, on Thursday night, brought ashore 204 crew members of the IRIS Bushehr, another Iranian naval vessel facing the danger of a possible US torpedo attack. They were rushed to the Navy’s Welisara camp, and the ship was taken to the Trincomalee Harbour. The crew of the ship consists of 53 officers, 54 cadet officers, 48 senior ratings, and 23 junior sailors. President Anura Kumara Dissanayake hurriedly summoned a media briefing, on Thursday night itself, to announce the successful completion of the rescue mission. He and his government deserve praise for their intervention to save the Iranian ship and its crew. Kudos to them.
However, it is being argued in some quarters that if the Sri Lankan government had stopped dilly-dallying and plucked up the courage to grasp the nettle on Wednesday, when the Iranian frigate, IRIS Dena, sought refuge in Sri Lankan waters while being pursued by a US submarine, the distressed vessel and the lives of all its crew members could have been saved. The US attack killed more than 100 sailors; there were only about 35 survivors, who were rescued by the Sri Lanka Navy and Air Force. The Opposition told Parliament on Thursday that the ill-fated vessel had been kept waiting for 11 hours since it first asked for permission to enter Sri Lankan waters.
There are numerous claims and counterclaims about the sinking of the IRIS Dena, and a probe must be conducted into the incident and the allegations that its request for permission to reach the Galle Harbour had gone unheeded. Much is now known about the tragic incident as well as its aftermath, but the circumstances that led to it lack clarity. Hence, we repeat, the need for a thorough investigation to get to the bottom of it.
The general consensus is that it was India’s responsibility to ensure the safety of the IRIS Dena, which had taken part in a naval exercise, as one of its guests. Instead, the vessel found itself in a situation where it was left with no alternative but to set sail, endangering itself and its crew. There is reason to believe that India could have leveraged its influence over Washington, as a Quad member, to prevent a submarine attack in the Indian Ocean, and that Colombo should have actively sought India’s intervention to save the ship and its crew.
The US torpedo attack has left India red-faced as a self-appointed guardian of the Indian Ocean. The thinking in regional defence circles is that the US nuclear sub that carried out Wednesday’s attack, blindsided India, which takes pride in being a strategic partner of Washington. India, which jealously guards its maritime backyard and even pressures Sri Lanka to deny permission for Chinese research vessels to operate there, could not save its Iranian guest in the same zone. Nothing could be more ironic than the fact that, according to media reports, anti-submarine warfare drills were part of the recent naval exercise hosted by India with Iran, the US and others as guests.
It is possible that the diplomatic fallout from Wednesday’s cowardly torpedo attack, international opprobrium over the massacre at sea, India’s humiliation as one of the strategic allies of the US, etc., compelled the Pentagon to spare the second Iranian vessel in its crosshairs in India’s backyard and let Sri Lanka carry out Thursday night’s rescue operation, which the NPP government is crowing about.
It is incumbent upon India and other nations in the region to join forces to preserve peace in the Indian Ocean vis-à-vis emerging threats. Sri Lanka’s policy ought to be that all vessels, including naval ships on non-combat missions, which are either in distress or seeking port calls for other reasons, can enter its territorial waters with permission. The need for competent political leaders and diplomats, capable of helping the country navigate sensitive issues, avoiding torpedoes, cannot be overstated.
Editorial
Emergency: Jekylls and Hydes
Saturday 7th March, 2026
Parliament yesterday voted to extend the State of Emergency, with 108 ayes and eight nays. Most of the Opposition MPs were not present in the House, as usual. Such is their dedication to the discharge of their legislative duties. The same goes for the government MPs who were absent. The government and the Opposition are making a strong case, albeit unwittingly, for doing away with the MPs’ attendance allowance.
The Opposition has rightly decried the extension of the State of Emergency, calling it a threat to democracy and the people’s rights and freedoms. The government has sought to rubbish this argument. Prime Minister Dr. Harini Amarasuriya has asked the Opposition to back its claim with facts, daring it to furnish information about any individuals who may have been unfairly arrested or subjected to repression under the emergency regulations during the past three months. The President and other ruling party leaders continue to face strong criticism from the media, yet the government has taken no action to suppress press freedom, she has said. What guarantee is there that the government will not abuse the Emergency regulations if push comes to shove? After all, Deputy Minister of Public Security Sunil Watagala once directed the police to use the Emergency regulations to deal with those responsible for propaganda attacks on government politicians. Perhaps, what prevented the police from carrying out his order was the political backlash that sent the government reeling. JVP/NPP politicians are being exposed for corrupt deals, much to the detriment of the interests of the JVP/NPP, and therefore the possibility of the emergency regulations being abused to suppress the media institutions that the government has no control over cannot be ruled out.
There are compelling arguments against Emergency regulations. Even laymen are aware that they undermine fundamental rights and freedoms, weaken the rule of law, reduce parliamentary oversight, help silence dissent, create a climate of fear, lend themselves to abuse due to vague provisions, lead to human rights violations, and normalise suppression. In a country like Sri Lanka, which has witnessed the abuse of even ordinary laws and regulations under successive governments, a state of Emergency is as dangerous as a straight razor in the hands of a mad monkey, as a local saying goes.
Power not only corrupts but also has the ability to transform Jekylls into Hydes. When politicians savour it, their love for democracy, justice and fair play flies out of the window. Hence the most vociferous campaigners for democracy in the Opposition demonstrate their dictatorial tendencies upon being voted into power. This, we have seen during the last several decades. The UNP leaders who came to power in 1977, promising to uphold democracy and create a righteous society, suppressed democracy in every conceivable manner and institutionalised election malpractices, political violence and corruption. The SLFP-led People’s Alliance, which sought a mandate to govern the country, pledged to eliminate corruption and state terror, but ended up being a metaphor for corruption and political violence, after being ensconced in power. Mahinda Rajapaksa was an internationally known campaigner for democracy and human rights when he was an Opposition MP, but after his elevation to the presidency, his government practised the very antithesis of what he had preached during his Opposition days. Now, we have the JVP/NPP leaders extending Emergency regulations on some flimsy pretext, unashamedly defending their decision to do so.
There is no justifiable reason for the government to keep on extending the State of Emergency, which was declared in the aftermath of the landfall of Cyclone Ditwah about three months ago. The fact that the Opposition asked the government to do so is no reason why the country should be kept under a state of emergency rule indefinitely.
By extending the state of emergency, the JVP-NPP government has laid bare its true face. So much for its solemn pledge to ensure a radical departure from the rotten political culture, and strengthen democracy.
Editorial
When the self-righteous turn unspeakably brutal
Friday 6th March, 2026
Only about 35 crew members of an Iranian frigate survived a torpedo attack by the US, off Galle, on Wednesday. More than 100 Iranians are believed to be dead. The Sri Lanka Navy and Air Force rescued the survivors and brought ashore about 85 bodies of the victims of the US attack. The sinking of the Iranian naval vessel, the IRIS Dena, which was on a non-combat mission, and the brutal act of killing so many naval personnel, thousands of kilometres away from the conflict zone, must be condemned unreservedly.
The NPP government led by the JVP, which would condemn the US and the western bloc at the drop of a hat during its Opposition days, has not explicitly criticised Wednesday’s incident. The Opposition yesterday asked in Parliament whether the Iranian vessel had come under attack while waiting for permission to reach the Galle harbour. Its question went unanswered. The government resorted to prevarication.
It is believed that the US did not inform India of its move to launch Wednesday’s attack in the Indian Ocean. The sinking of the IRIS Dena, which was Indian Navy’s guest, has become not only a huge embarrassment but also as a strategic concern to New Delhi, for the attack was carried out in an area where India projects its dominance as a regional leader. Has a Quad member got short shrift from the US?
Most of all, the IRIS Dena was returning from India, where it took part in an international fleet review, together with vessels from 40 other nations including the US and Russia. The naval exercise was conducted in Visakhapatnam, where the Indian Navy’s Eastern Naval Command is headquartered. This has made the sinking of the IRIS Dena and the killing of its crew members even more unacceptable. Strangely, India has refrained from explicitly condemning the incident.
If the US thinks Iranian assets anywhere in the world are legitimate targets, can Iran be blamed for adopting a similar approach, in dealing with the US and its interests? The Middle East conflict is not going to end in a few weeks or months with the conclusion of the ongoing US-Israeli bombing spree. Iran has vowed to take revenge.
Much has been spoken about the Indian Ocean as a Zone of Peace during the past five decades or so, but it is fast becoming a conflict zone for all intents and purposes. The peace-zone doctrine is based on several core principles such as demilitarisation, non-aggression, freedom of navigation, removal of foreign bases, regional cooperation, and the promotion of international peace and security. It was intended to prevent smaller states from being dragged into conflicts that are not of their own making and preserve regional stability. Wednesday’s US submarine attack in Sri Lanka’s exclusive economic zone should be viewed against the backdrop of the Indian Ocean peace zone concept.
The expansion by the US of the theatre of its current military operations against Iran beyond the Gulf region and the presence of a US submarine in Sri Lanka’s exclusive economic zone pose a serious threat to international trade routes in this part of the world. This is why India’s position on the issue of offensive US military action in the Indian Ocean matters.
The NPP government also gave evasive answers when the Opposition demanded to know whether another Iranian naval ship in Sri Lanka’s exclusive economic zone was also in danger, and whether it would be given permission to enter Sri Lanka’s territorial waters. The civilised world must help Sri Lanka ensure that another Iranian vessel in imminent danger is not left to its fate and condemn the brutality of the self-righteous unequivocally.
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