Midweek Review
Gin-Nilwala rip-off and culpability of Parliament
By Shamindra Ferdinando
The Presidential Media Division (PMD) on the afternoon of Oct. 06, 2021 released a letter (PS/LAD/1/9/2021(iii)) Attorney-at-Law Harigupta Rohanadeera, Director General (Legal) President’s Office has sent to Attorney-at-Law W.K.D. Wijeratne, Director General, Commission to Investigate Allegations of Bribery or Corruption (CIABOC).
The letter requested the CIABOC to submit a report to President Gotabaya Rajapaksa within a month as regards the revelations made by the International Consortium of Investigative Journalists (ICIJ) pertaining to Sri Lankans engaged in controversial offshore transactions. Rohanadeera’s letter didn’t name anyone though by then the media all over the world, on the basis of ICIJ investigations, named former parliamentarian Nirupama Rajapaksa and her husband Thirukumar Nadesan as operators of offshore accounts.
Instructions issued to the CIABOC should be examined against the backdrop of Nadesan’s plea to President Gotabaya Rajapaksa that he preferred a retired judge of the Court of Appeal to inquire into the ‘Pandora Papers’ revelations.
The following is the text of Nadesan’s letter dated Oct 06: “My name and that of my wife have been referred to as having various accounts/assets offshore. These references are in what is referred to as the Pandora Papers.
“It is commonly believed that all persons whose names have been so divulged are in some way guilty of wrongdoing. Several world leaders, including His Excellency Imran Khan have publicly announced that they will investigate anyone whose names appear in Pandora Papers.
“I assure your Excellency that my wife and I are totally innocent and are guilty of no wrong doings. In the circumstances, I humbly request Your Excellency to appoint an independent investigator, preferably a retired appeal court judge, without delay, to investigate this matter so that my name and that of my wife would be cleared.
“I am making this request to Your Excellency because my wife and I have suffered heartache and pain of mind. We have been presumed guilty, the presumption of innocence is reversed. It is in these circumstances that I make this humble request to your Excellency.
“Please forgive me for intruding on your time.”
The one page letter has been sent from Nadesan’s Horton Place residence ‘Montrose’, No 95.
Is the CIABOC capable of investigating Pandora Papers revelations? The CIABOC comprising retired Supreme Court justice Eva Wanasundera, retired Appeals Court justice Deepali Wijesundara and former head of State Intelligence Service (SIS) retired DIG Chandra Nimal Wakista, faces a daunting task in producing a report within a month.
The ICIJ declared: *”In the U.S., lawmakers said they will respond to the Pandora Papers with new legislation targeting financial professionals and other businesses that move dirty money for corrupt clients;
*The European Commission’s head of taxation said the commission will push to crack down on tax avoidance and expand information exchange between countries; and
*Enforcement agencies or leaders in India, Spain, Ireland, Mexico, Germany, Pakistan, Bulgaria, Australia, Brazil, Sri Lanka, Paraguay, Panama and more have vowed to act on the Pandora Papers revelations, as new stories continue to be published and the global response to the investigation continues to grow and evolve.”
CIABOC’s status
The 20th Amendment to the Constitution, enacted in Oct 2020, deprived the CIABOC the power to initiate action. The much-touted move hailed by the ruling Sri Lanka Podujana Peramuna (SLPP) as a measure to restore political stability, obviously weakened the outfit. However, the CIABOC’s performance, even before the enactment of the 20 A, has been questionable though it engaged in some high profile exercises during the yahapalana administration. Its passage with a 2/3 majority in Parliament was followed by the CIABOC giving up on investigations initiated during the yahapalana administration.
The Transparency International Sri Lanka (TISL), the first to demand a thorough domestic investigation into the Pandora Papers has, subsequently lodged a complaint with the CIABOC seeking an investigation. Executive Director TISL Attorney-at-Law Nadishani Perera says the CIABOC has very clear powers and laws to deal with complaints though technically it cannot act on its own as a result of the 20th Amendment.
Having lodged the complaint on Oct 7, the day after President Gotabaya Rajapaksa’s intervention, TISL asserted that the transactions revealed could amount to offences under Section 23A of the Bribery Act hence the need to probe into the Declarations of Assets and Liabilities of Mrs. Nirupama Rajapaksa relating to her tenure as a Member of Parliament. TISL also points out that CIABOC is empowered to take relevant action on acquisitions through unknown sources of wealth or income, under Section 4(1) of the CIABOC Act under the provisions of the Bribery Act or the Declaration of Assets and Liabilities Law. The anti-corruption outfit suggested that investigations could be pursued under Section 70 of the Bribery Act, to investigate whether public funds had been embezzled and laundered through these foreign safe havens.
The contentious issue is whether serving or former parliamentarians or their relatives can be properly investigated without political interference. The CIABOC has conducted successful investigations even on the basis of anonymous complaints. Let me give an example to prove how a successful prosecution has been achieved in the case of a person failing to make an asset declaration.
The Colombo High Court of No.6, Judge Patabendige on June 12, 2020, convicted a Supply Assistant of Ceylon Electricity Board (CEB) attached to the Ratnapura Branch, Wijekoon Mudiyanselage Sumanasekera, in a case prosecuted by the CIABOC based on an assets investigation conducted on an anonymous complaint received by the Commission.
The accused, residing at the Millennium City Housing Scheme, No 14, Aturugiriya, has been accused of accumulating Rs.6 mn assets through bribes exceeding his actual income. HC judge Patabendige imposed a five year rigorous imprisonment and a fine of Rs. 5,000/-. In default of fine, further three months simple imprisonment was imposed.
The judge further ordered the official under section 26(b) of the Bribery Act to pay Rs.11,960,093/98 which was twice the amount earned by bribes. In default of payment, the accused was subjected to a term of a further two year rigorous imprisonment.
Judge Patabendige also issued an open warrant on the accused and ordered to inform the Department of Immigration and Emigration in that regard.
Deputy Director General of CIABOC Mrs. Ranjani Senewiratne prosecuted. Investigation was conducted by the OIC of the Assets Investigations Division.
However, the CIABOC will have to work closely with the Central Bank, the Inland Revenue and even the Foreign Ministry in addition to the ICIJ in conducting investigations into the Nadesan affair. Parliament, too, will have to monitor what can be easily declared as the biggest case undertaken by the CIABOC. The issue at hand is whether the assets under the name of Nirupama Rajapaksa and Thirukumar Nadesan had been declared to the relevant authorities.
Regardless of attempts to depict the questionable transactions as dealings that had taken place during the 1990-2000 period, the Pandora Papers disclosure placed the SLPP in an extremely embarrassing position. There is no point in denying the fact that she represented the SLFP in the PA and UPFA parliamentary groups for a period of 16 years. Most of all she is a blood relative of the Rajapaksas in power. That is the undeniable truth. The revelations couldn’t have happened at a worse time for the government as it struggles to cope up with the deepening economic crisis, primarily brought on by the global pandemic.
Conduct of parliamentarians
Colombo Chief Magistrate Buddhika Sri Ragala on July 30, 2021 acquitted one-time Deputy Minister Sarana Gunawardena of all bribery cases filed against him.
Assistant Director General of the CIABOC Asitha Anthony told the court that the case had been filed against the former Deputy Minister without the approval of the three commissioners. Attorney-at-Law Niroshan Siriwardena, appearing on behalf of Gunawardena requested that the charges against his client be dropped.
CIABOC had filed eight cases against Gunawardena, accusing him of causing losses to the State by leasing vehicles to the Development Lotteries Board (DLB) during his tenure as its Chairman in 2007.
While serving as the Chairman of DLB, Gunawardena was alleged to have influenced the officers of the DLB to rent three vehicles from his wife by paying Rs 960,000 per each vehicle where the true value per vehicle was only Rs. 635,000.
Gunawardena was convicted for all three charges that were presented against him. The rejected politician was sentenced to a prison sentence of one year on each charge cumulating a prison sentence of three years. Gunawardena was also ordered to pay a fine of Rs 100,000 for each vehicle totaling to a fine of Rs 300,000. In case Gunawardena failed to pay the fine, he was to be subjected to an additional prison sentence of six months for each offence. The prosecution was handled by Assistant Director General Mr. Asitha Athony.
The dismissal of Gunawardena’s proceedings is certainly not an isolated case. When JVP leader Anura Kumara Dissanayake raised the shocking disclosure made by ICIJ in Parliament, Leader of the House and Education Minister Dinesh Gunawardena pointed out that the case was now before court.
Lawmaker Dissanayake was addressing Parliament on Oct 8, the day the CIABOC recorded Nadesan’s statement. Minister Gunawardena was referring to the controversial case pertaining to Malwana house.
SLPP National List MP Jayantha Weerasinghe, PC, challenged Dissanayake’s comments. Declaring that he appeared for Thirukumar Nadesan in court, Weerasinghe emphasised that no one in Parliament represented the businessman’s interests. Weerasinghe said that Nadesan was an accused in that case.
Dissanayake also raised the controversial Gin-Nilwala project and the transfer of funds to Nadesan’s account by a Chinese company that received a staggering Rs 4,012 mn in two separate transactions from the then Sri Lankan government around the time of the 2015 presidential election. The SLPP repeatedly interrupted MP Dissanayake. A smiling JVPer said that though the SLPP claimed no one in Parliament represented the interests of Thirukumar Nadesan, many spoke on his behalf.
Matara District Communist Party member Weerasumana Weerasinghe was in the chair.
The reference to money received by Nadesan from the Chinese company given the Gin-Nilwala project amounted to USD 5.9 mn. Dissanayake told The Island that the account that had received USD 5.9 mn was a Hong Kong account.
TISL, in its website tweeted that particular section of MP Dissanayake’s parliamentary speech. The social media coverage of Pandora Papers underscored the seriousness of the crisis faced by Sri Lanka.
A dismal track record
Civil society activist Gamini Viyangoda in April this year sought an explanation from the CIABOC and the Attorney General’s Department as regards termination of several high profile cases. Viyangoda questioned the rationale in dropping all charges against former lawmaker and Foreign Ministry Monitoring MP Sajin Vass Gunawardena pertaining to the Mihin Lanka case. That particular case dealt with misappropriation of public funds amounting to Rs 883 mn, Viyangoda declared while referring to recent dismissal of cases involving one-time Eastern Province Chief Minister Sivanesathurai Chandrakanthan alias Pilleyan (now an MP backing the SLPP), Johnston Fernando, Rohitha Abeygunawardena, Basil Rajapaksa, Mahindananda Aluthgamage, Janaka Bandara Tennakoon and former Chief Justice Mohan Peiris. The former CJ received appointment as Sri Lanka’s top representative in New York.
Jayantha Jayasuriya, PC, who served as the AG during the Yahapalana administration is the incumbent Chief Justice.
What really happened to the money laundering case (HC case No 4648/2009) involving the then parliamentarian Ravi Karunanayake, who subsequently received the appointment as the Minister of Finance during the previous administration. The money had been received from Raj Rajaratnam, given an 11-year prison sentence for insider trading in the US.
The case that had been initially taken up at the HC No 01 was subsequently (May 2015) transferred to High Court No 4 before HC Judge Iranganee Perera who was about to be retired. On the basis of what was called a defective indictment Judge Perera discharged Karunanayake while making specific legal right of the Attorney General to serve an indictment afresh to the accused Ravi Karunanayake. Obviously, that was conveniently ignored. Yuvanjana Wijayatilake served as the AG at that time.
Attorney-at-Law and public interest litigation Activist Nagananda Kodituwakku in an affidavit submitted to the CIABOC in March 2017 sought an investigation in respect of the failure on the part of the AG’s Department to act on the advice given by HC judge Perera. Kodituwakku asserted that the alleged offence committed could have been dealt with under Section 70 of the Bribery Act.
A monument for ICIJ
A no-holds-barred investigation is required to examine high profile corruption allegations. So far, the CIABOC hasn’t been able to bring at least one of the cases involving politicians to a successful conclusion. It would be pertinent to mention incumbent Speaker Mahinda Yapa Abeywardena’s response to waste, corruption and irregularities.
Speaker Abeywardena said contentious matters pertaining to financial responsibility on the part of Parliament should be dealt with only by the enactment of a new Constitution.
The SLPP MP said so in response to Prof. Charitha Herath, Chairman of the Committee on Public Enterprises (COPE) alleging serious hindrance of parliamentary supervision by a section of state enterprises. Prof. Herath explained the daunting challenges faced by COPE at the time he tabled the first COPE report at the outfit’s ninth session.
Proceedings of parliamentary watchdog committees, COPE, COPA (Committee on Public Accounts) and COPF (Committee on Public Finance) depict a frightening picture.
Unfortunately, Parliament has conveniently failed to take tangible measures though the three watchdog committees reported rampant criminal waste of public funds, corruption, irregularities involving the revenue collection mechanism and negligence at every level of successive administrations.
Have those responsible for ensuring financial discipline forgotten the primary responsibilities of Parliament. The two major responsibilities are financial discipline and enactment of laws. Let people judge whether our political parties have lived up to their much repeated pledges to restore financial discipline. Examination of proceedings of the watchdog committees revealed how the public and private sectors exploited the national economy. Fighting corruption appears to be a just a political slogan propagated by both those in power and the Opposition.
The Joint Opposition (JO registered themselves as SLPP) in the run up to 2019 presidential election conducted a major campaign against what it called ‘Top 10 Kamba Horu.’ Incumbent Agriculture Minister Mahindananda Aluthgamage spearheaded the project. The JO printed a 750-page book that dealt with 10 major corrupt deals that took place between January 8, 2015 and Dec 31, 2015. The JO alleged that the CIABOC never initiated investigations into complaints lodged by the JO. The SLPP owed an explanation regarding the current status of the complaints lodged by them because the party returned to power, nearly two years ago.
According to the JO publication, in the public domain, complaints were lodged against Ranil Wickremesinghe, MP, pertaining to the Treasury bond scams, on Oct 29, 2016 (Rs 26 bn fraud/complainant Vasudeva Nanayakkara, MP), ex-MP Ravi Karunanayake pertaining to importation of vehicles, on Nov 09, 2016 (Rs 10 bn fraud/complainant Dr. Romesh Pathirana, MP), ex-MP Malik Samarawickrema pertaining to Mahapola Fund, on Nov 22, 2016 (Rs 1 bn fraud/complainant Sisira Jayakody, MP), Thalatha Atukorala, MP, pertaining to fraud in an insurance scheme for those working in the Middle East, on Dec 07, 2016 (Rs 1.5 bn fraud/complainant ex-MP Niroshan Premaratne), Ranil Wickremesinghe pertaining to 99-year-lease on Hanbantota port, on January 4, 2017 (Rs 15 bn/complainant Mahinda Yapa Abeywardena, MP, Speaker), Kabir Hashim, MP, pertaining to cancellation of aircraft ordered by SriLankan Airlines, on January 18, 2017 (Rs 54 bn fraud/complainant Kanaka Herath, MP), P. Harrison pertaining to releasing of paddy to a selected group of companies, on Feb 01, 2017 (Rs 10 bn fraud/complainant Jayantha Samaraweera), ex-MP Ravi Karunanayake pertaining to vehicle racket, on Feb 15, 2017 (Rs 15 bn fraud/complainant Udaya Gammanpila, MP), Dr. Rajitha Senaratne MP pertaining to leasing of Modera fisheries harbour and issuance of licenses to eight vessels for fishing in Sri Lankan waters, on Feb 28, 2017 (Rs 1 bn fraud/complainant the late MP Ranjith de Zoysa) , Dr. Rajitha Senaratne pertaining to irregularities in the purchase of medicines, on Feb 28, 2017 (Rs 1.5 bn fraud/complainant the late Ranjith de Zoysa) and Ranil Wickremesinghe, MP pertaining to procurement of coal for the Norochcholai coal-fired power plant, on March 16, 2017 (Rs 5 bn fraud/complainant Vidura Wickremanayake, MP).
The JO declared the above mentioned frauds cost the country a staggering Rs 131.5 bn.
Parliament, as an institution, at least now should respond to corruption. In the wake of Pandora Papers disclosures, social media posted a speech made by SLPP Polonnaruwa District MP Maihripala Sirisena, in his capacity as the President. Sirisena dealt with the Gin-Nilwala project. What Sirisena, who contested the last general election in Aug 2015 on the SLPP ticket, said was astonishing. The government transferred Rs 1,000 mn to a Chinese company in 2012 for the implementation of the Gin-Nilwala project and another Rs 3,012 mn on January 7, 2015 to thereby bringing the total amount paid to Rs 4,012 mn. Sirisena questioned how such a transfer could have taken place on the day before the presidential election? Who authorised such a transfer and why absolutely no work was done regardless of the payments. Lawmaker Sirisena owed an explanation during his five-year tenure as President what he did to investigate the Gin-Nilwala project. Perhaps, the Gin-Nilwala link disclosed by Pandora Papers, if properly investigated, can cause such devastation to the current political setup, the public can consider putting up a monument to ICIJ.
Midweek Review
Opp. MP’s hasty stand on US air strikes in Nigeria and Sri Lanka’s foreign policy dilemma
Israel’s recognition of Somaliland on 26 December, 2025, couldn’t have taken place without US approval. The establishment of full diplomatic ties with Somaliland, a breakaway part of Somalia, and Israeli Foreign Minister Gideon Saar’s visit to that country, drew swift criticism from Somalia, as well as others. Among those who had been upset were Türkiye, Saudi Arabia and the African Union.
The US-backed move in Africa didn’t receive public attention as did the raid on Venezuela. But, the Somaliland move is definitely part of the overall US global strategy to overwhelm, undermine and belittle Russia and China.
And on the other hand, the Somaliland move is a direct challenge to Türkiye, a NATO member that maintains a large military presence in Somalia, and to Yemen based Houthis who had disrupted Red Sea shipping, in support of Hamas, in the wake of Israeli retaliation over the 07 October, 2023, raid on the Jewish State, possibly out of sheer desperation of becoming a nonentity. The Israeli-US move in Africa should be examined taking into consideration the continuing onslaught on Gaza and attacks on Lebanon, Iran, Syria, Yemen, and Qatar.
Many an eyebrow was raised over Opposition MP Dr. Kavinda Jayawardana’s solo backing for the recent US air strikes in Nigeria.
The Gampaha District Samagi Jana Balawegaya (SJB) lawmaker handed over a letter to the US Embassy here last week applauding US President Donald Trump’s order to bomb Nigeria on Christmas Day. The letter was addressed to President Trump
( https://island.lk/kavinda-lauds-us-president-trumps-actions-to-protect-christians-in-nigeria/)
The former UNPer who had been in the forefront of a high-profile campaign demanding justice for the 2019 Easter Sunday terror victims, in an obvious solo exercise praised Trump for defending the Nigerian Christian community. The US bombing targeted Islamic State Terrorists (ISIS) operating in that country’s northwest, where Muslims predominate.
The only son of the late UNP Minister Dr. Jayalath Jayawardana, he seemed to have conveniently forgotten that such military actions couldn’t be endorsed under any circumstances. Against the backdrop of Dr. Jayawardana’s commendation for US military action against Nigeria, close on the heels of the murderous 03 January US raid on oil rich Venezuela, perhaps it would be pertinent to seek the response of the Catholic Church in that regard.
President Trump, in a wide-ranging interview with the New York Times, has warned of further strikes in case Christians continued to be killed in the West African nation. International media have disputed President Trump’s claim of only the Christians being targeted.
Both Christians and Muslims – the two main religious groups in the country of more than 230 million people – have been victims of attacks by radical Islamists.
The US and the Nigerian government of President Bola Tinubu reached a consensus on Christmas Day attacks. Nigeria has roughly equal numbers of Christians – predominantly in the south – and Muslims, who are mainly concentrated in the north.
In spite of increasingly volatile global order, the Vatican maintained what can be comfortably described as the defence of the national sovereignty. The Vatican has been critical of the Venezuelan government but is very much unlikely to throw its weight behind US attacks on that country and abduction of its President and the First Lady.
Dr. Jayawardana’s stand on US intervention in Nigeria cannot definitely be the position of the main Opposition party, nor any other political party represented in Parliament here. The National People’s Power (NPP) government refrained from commenting on US attacks on Nigeria, though it opposed US action in Venezuela. Although the US and Nigeria have consensus on Christmas Day attacks and may agree on further attacks, but such interventions are very much unlikely to change the situation on the ground.
SL on US raid
Let me reproduce Sri Lanka’s statement on US attacks on Venezuela, verbatim:
“The Government of Sri Lanka is deeply concerned about the recent developments in Venezuela and is closely monitoring the situation.
Sri Lanka emphasises the need to respect principles of international law and the UN Charter, such as the prohibition of the use of force, non-intervention, peaceful settlement of international disputes and the sovereignty and territorial integrity of states.
Sri Lanka attaches great importance to the safety and well-being of the people of Venezuela and the stability of the region and calls on all parties to prioritize peaceful resolution through de-escalation and dialogue.
At this crucial juncture, it is important that the United Nations and its organs such as the UN Security Council be seized of the matter and work towards a peaceful resolution taking into consideration the safety, well-being and the sovereign rights of the Venezuelan people.”
That statement, dated 05 January, was issued by the Foreign Affairs, Foreign Employment and Tourism Ministry. Almost all political parties, represented in Parliament, except one-time darling of the LTTE, Illankai Thamil Arasu Kadchi (ITAK), condemned the US attacks on Venezuela and threats on Cuba, Colombia and Iran. The US is also targeting China, Russia and even the European Union.
Dr. Jayawardana requested coverage for his visit to the US Embassy here to hand over his letter, hence the publication of his ‘love’ letter to President Trump on page 2 of the 09 January edition of The Island.
There had never been a previous instance of a Sri Lankan lawmaker, or a political party, endorsing unilateral military action taken by the US or any other country. One-time Western Provincial Council member and member of Parliament since 2015, Jayawardana should have known better than to trust President Trump’s position on Nigeria. Perhaps the SJBer felt that an endorsement of US action, allegedly supportive of the Nigerian Catholic community, may facilitate his political agenda. Obviously, the Opposition MP endorsed US military action purely for domestic political advantage. The lawmaker appears to have simply disregarded the growing criticism of US actions in various parts of the world.
The German and French response to US actions, not only in Venezuela, but various other regions, as well, underscore the growing threat posed by President Trump’s agenda.
French President Emmanuel Macron and German leader Frank-Walter Steinmeier have sharply condemned US foreign policy under Donald Trump, declaring, respectively, that Washington was “breaking free from international rules” and the world risked turning into a “robber’s den”.
US threat to annex Greenland at the expense of Denmark, a founding member of the North Atlantic Treaty Organisation (NATO) ,and the grouping itself, has undermined the post WWII world order to such an extent, the developing crisis seems irreversible.
Focus on UAE
Indian Army Chief Gen. Upendra Dwivedi visited the United Arab Emirates on 05 and 06 January. His visit took place amidst rising tension on the Arabian Peninsula, following the Saudi-led military coalition launching air attacks on Yemen based Southern Transitional Council (STC) whose leader Aidarous al-Zubaid was brought to Abu Dhabi.
In the aftermath of the Saudi led strikes on Yemen port, held by the STC, the UAE declared that it would withdraw troops deployed in Yemen. The move, on the part of UAE, seems to be meant to de-escalate the situation, but the clandestine operation, undertaken by that country to rescue a Saudi target, appeared to have caused further deterioration of Saudi-UAE relations. Further deterioration is likely as both parties seek to re-assert control over the developing situation.
From Abu Dhabi, General Dwivedi arrived in Colombo on a two-day visit. Like his predecessors, General Dwivedi visited the Indian Army memorial at Pelawatte, where he paid respects to those who paid the supreme sacrifice during deployment of the Indian Army here – 1987 July to 1990 March. That monument is nothing but a testament to the foolish and flawed Indian policy. Those who portray that particular Indian military mission as their first major peace keeping operation overseas must keep in mind that over half a dozen terrorist groups were sponsored by India.
Just over a year after the end of that mission, one of those groups – the LTTE (Liberation Tigers of Tamil Eelam) -assassinated Congress leader Rajiv Gandhi, the former Premier who sent the military mission here.
India never accepted responsibility for the death and destruction caused by its intervention in Sri Lanka. In fact, the Indian action led to an unprecedented situation when another Sri Lankan terrorist group PLOTE (People’s Liberation Organisation of Tamil Eelam) mounted a raid on the Maldives in early Nov. 1988. Two trawler loads of PLOTE cadres were on a mission to depose Maldivian President Maumoon Abdul Gayoom on a contract given by a disgruntled Maldivian businessman. India intervened swiftly and brought the situation under control. But, the fact that those who had been involved in the sea-borne raid on the Maldives were Indian trained and they left Sri Lanka’s northern province, which was then under Indian Army control, were conveniently ignored.
Except the LTTE, all other major Tamil terrorist groups, including the PLOTE, entered the political mainstream in 1990, and over the years, were represented in Parliament. It would be pertinent to mention that except the EPDP (Eelam People’s Democratic Party) all other Indian trained groups in 2001 formed the Tamil National Alliance (TNA), under the leadership of Illankai Thamil Arasu Kadchi (ITAK), to support the separatist agenda in Parliament. Sri Lanka’s triumph over the LTTE, in May 2009, brought that despicable project to an end.
The Indian Army statement on General Dwivedi’s visit here, posted on X, seemed like a propaganda piece, especially against the backdrop of continuing controversy over the still secret Indo-Lanka Memorandum of Understanding on defence that was entered into in April last year. Within months after the signing of the defence MoU, India acquired controlling stake of the Colombo Dockyard Ltd., a move that has been shrouded in controversy.
Indian High Commissioner Santosh Jha’s response to my colleague Sanath Nanayakkara’s query regarding the strategic dimension of the India–Sri Lanka Defence Cooperation Agreement following the Indian Army Chief’s recent visit, the former was cautious in his response. Jha asserted that there was “nothing beyond what is included” in the provisions of the pact, which was signed by President Anura Kumara Dissanayake and has generated controversy in Sri Lanka due to the absence of public discourse on its contents.
Framing the agreement as a self-contained document focused purely on bilateral defence cooperation, Jha said this reflected India’s official position. By directing attention solely to the text of the agreement, the High Commissioner indicated that there were no unstated strategic calculations involved, aligning with the Sri Lankan Foreign Minister’s recent clarification that the pact was not a military agreement but one that dealt with Indian support.
Nanayakkara had the opportunity to raise the issue at a special media briefing called by Jha at the IHC recently.
Julie Chung departs
The US attack on Venezuela, and the subsequent threats directed at other countries, including some of its longtime allies, should influence our political parties to examine US and Indian stealthy interventions here, leading to the overthrowing of President Gotabaya Rajapaksa, in July 2022.
The US Embassy in Colombo recently announced that Julie Chung, who oversaw the overthrowing of Gotabaya Rajapaksa, would end her near four-year term. Former Indian High Commissioner in Colombo Gopal Baglay, who, too, played a significant role in the regime change project, ended his term in December 2023 and took up position in Canberra as India’s top diplomat there.
Both Chung and Baglay have been accused of egging on the putsch directly by urging Aragalaya time Speaker Mahinda Yapa Abeywardena, on 13 July, 2022, to take over the presidency. Former Minister Wimal Weerawansa and top author Sena Thoradeniya, in their comments on Aragalaya accused Chung of unprecedented intervention, whereas Prof. Sunanada Maddumabanadara found fault with Baglay for the same.
The US Embassy, in a statement dated 07 January, 2026, quoted the outgoing US Ambassador as having said: “I have loved every moment of my time in Sri Lanka. From day one, my focus has been to advance America’s interests—strengthening our security partnerships, expanding trade and investment, and promoting education and democratic values that make both our nations stronger. Together, we’ve built a relationship that delivers results for the American people and supports a free, open, and secure Indo-Pacific.”
The Embassy concluded that statement reiterating the US commitment to its partnership with Sri Lanka and to build on the strong foundation, established during Ambassador Chung’s nearly four-year tenure.
Sri Lanka can expect to increasingly come under both US and Indian pressure over Chinese investments here. It would be interesting to see how the NPP government solves the crisis caused by the moratorium on foreign research vessel visits, imposed in 2024 by the then President Ranil Wickremesinghe. The NPP is yet to reveal its position on that moratorium, over one year after the lapse of the ban on such vessels. Wickremesinghe gave into intense US and Indian pressure in the wake of Chinese ship visits.
In spite of US-India relations under strain due to belligerent US actions, they are likely to adopt a common approach here to undermine Sri Lanka’s relations with China. But, the situation is so dicey, India may be compelled to review its position. The US declaration that a much-anticipated trade deal with India collapsed because Indian Prime Minister Narendra Modi hasn’t heeded President Trump’s demand to call him.
This was revealed by US Commerce Secretary Howard Lutnick in the ‘All-In Podcast’ aired on Thursday, 08 January. The media quoted Indian spokesman Randhir Jaiswal as having said on the following day: “The characterisation of these discussions in the reported remarks is not accurate.” Jaiswal added that India “remains interested in a mutually beneficial trade deal between two complementary economies and looks forward to concluding it.”
Sri Lanka in deepening dilemma
Sri Lanka, struggling to cope up with post-Aragalaya economic, political and social issues, is inundated with foreign policy issues.
The failure on the part of the government and the Opposition to reach consensus on foreign policy challenges/matters has further weakened the country’s position. If those political parties represented in Parliament at least discussed matters of importance at the relevant consultative committee or the sectoral oversight committee, lawmaker Jayawardana wouldn’t have endorsed the US bombing of Nigeria.
Sri Lanka and Nigeria enjoy close diplomatic relations and the SJB MP’s unexpected move must have caused quite a controversy, though the issue at hand didn’t receive public attention. Regardless of the US-Nigerian consensus on the Christmas Day bombing, perhaps it would be unwise on the part of Sri Lanka to support military action at any level for obvious reasons.
Sri Lanka taking a stand on external military interventions of any sort seems comical at a time our war-winning military had been hauled up before the Geneva Human Rights Council for defending the country against the LTTE that had a significant conventional military capacity in addition to being “the most ruthless terrorist organisation” as it was described by the US Federal Bureau of Investigation. The group capitalised on experience gained in fighting the Indian Army during 1987 July-1990 March period and posed quite a threat. Within five months after the resumption of fighting, in June 1990, the LTTE ordered the entire Muslim population to leave the predominantly Tamil northern province.
No foreign power at least bothered to issue a statement condemning the LTTE. MP Jayawardana’s statement supporting US military action in support of Christian community should be examined in Sri Lanka’s difficult battle against terrorism that took a very heavy toll. Perhaps, political parties represented in Parliament, excluding those who still believe in a separatist project, should reexamine their stand on Sri Lanka’s unitary status.
By Shamindra Ferdinando
Midweek Review
Buddhist Iconography
Seeing a new kind of head ornament on a recent reproduction of the iconic Avukana Buddha statue, made me ponder how the Enlightened One would have looked in real life, and what relationship that may or may not have with Buddhist iconography. Obviously, there is no record or evidence of any rendering of the Buddha made by an artist who saw him alive, but there are a few references to his appearance in the Pali Sutta Pitaka, that affirms, as he himself has said, Buddha was nothing other than a human being, albeit an extraordinarily intelligent one (Dhammika 2021).
Before enlightenment, Siduhath Gotama was described as having black hair and a beard. One account describes him as “handsome, of fine appearance, pleasant to see, with a good complexion and a beautiful form and countenance” (D.I,114). Venerable Ananda has said, “It is wonderful, truly marvelous how serene is the good Gotama’s presence, how clear and radiant is his complexion. Just as golden jujube fruit in the autumn is clear and radiant … so too is the good Gotama’s complexion” (A.I,181). If Venerable Ananda’s comparison is correct, Gotama must have been of what is called ‘Wheatish’ complexion common in present-day North India, which is described as typically falling between fair and dusky complexions, exhibiting a light brown hue with golden or olive undertones (Fitzpatrick scale Type III to VI).
The Buddha is also described as a slim tall person; slim, perhaps, as a result of practising asceticism before enlightenment and spartan life thereafter. As he aged, he also suffered from back pain and other ailments, according to Sutta Pitaka.
Artists’ imagination
We need not argue that the depictions of the Buddha we see across countries, in various media, are the imaginations of the artists influenced by their local cultures and traditions. The potentially controversial aspect regarding Buddhist iconography is the depiction of his hair, which is almost universal. There are several references in the Sutta Pitaka, where various Brahmin youths derogatorily referred to the Buddha as “bald-pated recluse” (MN 81). There is no reason to believe that he would have been any different from the rest of the Bhikkhus who had and have clean shaven heads. In fact, when King Ajatasattu visited the Buddha for the first time, he had trouble identifying the Buddha from the rest of the sangha, and an attendant had to help the king.
In early Buddhist art, the Buddha was represented by the wheel of dhamma, Bodhi tree, throne, lotus, the footprints, or a parasol. For example, in the carvings of Sanchi temple built in the third century BCE, the Buddha is depicted by some of these symbols, but never in human form. Depiction of the Buddha in human form has started around the first century CE in two places, Gandhara and Mathura. In both places, the Buddha is depicted with hair, and not as a “bald-pated recluse” the way the Sutta Pitaka depicts him.

Figure 1. Bimaran Casket
No scholarly agreeement
So, the question is who started this artistic trend, was it the Gandhara artists under the Greek influence or the Mathura artists following their own traditions? There is no scholarly agreement on this; Western scholars think it was the Greek influence that made presenting the Buddha in human form while Ananda Coomaraswamy presents another theory (Coomaraswamy 1972).
The earliest dateable representation of the Buddha in human form is found on the Bimaran casket found during the exploration of a stupa near Bimaran, Afghanistan in 1834. It has been dated to the first century CE using the coins found along with it, that also depict and refer to the Buddha by name in Greko-Bactrian. This reliquary, a gold cylinder embossed with figures and artwork, is on display at the British Museum (Figure 1). Under the Hellenistic influence, it must have been natural for the Gandhara artists to represent a revered or divine figure in human form; Greeks have been doing it for millennia. The standing Buddha figure is depicted wearing the hair in the form of a knot over the crown. In other carvings from the same period, most male figures are shown with the same hair style. Also, it appears that both Spartan men and women tied their hair in a knot over the crown of the head, known as the “Knidian hairstyle” (Wikipedia). The Gandhara sculpture is famous for the Hellenistic style of realism (Figure 2).

Figure 2. Gandhara statue from 1-2
century CE
Coomaraswamy’s reasoning
Coomaraswamy reasons that the Bhakti movement – the loving devotion of the followers towards the deities, is the reason for the emergence of Buddha figure in Mathura. We cannot say for sure if the Gandhara art induced the Mathura artists to break away from their tradition of aniconic symbolism. What is clear is that they have been influenced by the trend to elevate religious leaders to divinity, to impress the followers and compete or to outdo the practices of other religions. This tradition, which predates the Buddha, has introduced the concept of the thirty-two characteristics or marks of great personalities.
It is this trend that has introduced divine interventions and other mysticisms to Buddhism and culminated in famous poems as Asvagosha’s Buddhacharithaya and exegeses as Lalithavistara a few centuries later and continues to date. Instead of following realism as the Gandhara artists did, Mathura artists have followed this tradition and incorporated the thirty-two characteristics of a great person into their representation of the Buddha figure.
Some of these marks are described as “… there is a protuberance on the head, this is, for the great man, the venerable Gotama, a mark of a great man; the hair bristles, his bristling hair is blue or dark blue, the color of collyrium, turning in curls, turning to the right; the tuft of hair between the eyebrows on his forehead is very white like cotton; he is golden in color, has skin like gold; eyes very blue, like sapphires; under the soles of his feet there are wheels, with a thousand rims and naves, complete in every way…(DN 30, M 91). Thus, the tradition of adding the protuberance referred to as Usnisha to Buddha statues started.
Buddhist traditions in different forms
This practice has been adopted by all Buddhist traditions in different forms. The highly effective outcome of incorporating these great marks into the statuary is that it has created a globally recognisable symbol that is independent of the artist’s skills, cultural affiliation or the medium used. Without such distinct features, we would have difficulty in distinguishing the depictions of the Enlightened One from those of other monks or other religious leaders such as Mahaveera. Nevertheless, in addition to its spiritual aspect, Buddhist iconography has been a flourishing art form, which has allowed human talent and ingenuity to thrive over millennia.
Let us not forget that artistic expression is a fundamental right. Interestingly, the curly hair on the Buddha statues made the early European Indologists to think that the Buddha was an African deity (Allen 2002).
Sri Lankan Buddhist art
Sri Lankan Buddhist art is said to be related to Amaravathi style; all Sri Lankan statues are depicted with curling hair bristles turning to right. The presence and prominence of the usnisha on local statues vary depending on the period. Toluvila statue, prominently displayed at the National Museum, is considered the earliest dateable statue in Sri Lanka. It is dated to 3rd or 4th century CE, has a less prominent usnisha and lacks the elongated ear lobes; it is said to be influenced by the Mathura school.
Since Dambulla temple dates to third century BCE, one wonders if the magnificent reclining statue in Cave 1 could be earlier than the Toluvila statue. There are several bronze statues from Anuradhapura period without usnisha. Towards late Anuradhapura period, usnisha is beginning to be replaced with rudimentary Siraspatha, which represents a flame. This addition evolved over time and became a very prominent feature during the Kandyan period and replaced the traditional usnisha completely (Figure 3).

Figure 3. Kandyan era statue with
Siraspatha
Incomparable workmanship
Then the question is how does the Avukana statue, which belongs to the early Anuradhapura period, have a siraspatha that is not compatible with the style of the period or the incomparable workmanship of the statue itself? I have come across two explanations. According to the Sinhala Encyclopedia, the original siraspatha was destroyed and a cement replacement was installed in recent times, likely in the early 20th century.
The other version is that the statue never had a siraspatha like many other contemporary stone statues. For example, the Susseruwa (Ras Vehera) statue, which is identical in style, and likely a contemporary work, does not have a siraspatha. During the Buddhist revival, a group of devotees from a Southern town felt that the lack of a siraspatha on such a great statue as a major deficiency, and they ceremoniously installed the crude cement ornament seen today.
This raises the question: which is more valuable, preservation and protection of archeological treasures or reconstruction to meet modern expectations and standards? For example, what would have been more impressive, the Mirisavetiya Stupa as it was found before the failed reconstruction attempts, or the current version that is indistinguishable from modern concrete constructs? Even though, one can assume it was done in good faith. What if the Mihintale Kanthaka Chetiya were covered under brick and concrete to convert into a finished product? Would it increase or decrease its archeological value?
Differences between reality and iconography
None of that should matter in following the Buddha Dhamma. In theory. However, when the influence of Buddhist iconography is deeply rooted in devotee’s mind, it is impossible to imagine the Buddha as a normal human being, with or without a clean-shaven head and a brown complexion. The failure to see the difference between reality and iconography or art, poetry, and literature can be detrimental as it could distort the fact that Dhamma is the truth discovered by a human being, and it is accessible to any human, here and now. That is responsible, at least in part, for the introduction of mysticism, myths, and beliefs that are rapidly sidelining of Dhamma.
How often do we think of Enlightened One as a humble mendicant who roamed the Ganges Valley barefoot, in the beating sun, and resting at night on the folded outer robe spread under a tree. Sadly, iconography and other associated myths have driven us too far away from reality and Dhamma.
Up until I was six years old, we lived in a place up in the Balangoda hills that had a kaolin (kirimeti) deposit. The older students in the school used it for various handcrafts, but for the youngsters, it was playdough, even though we had never heard of that term. After witnessing an artist working on a Buddha statue at the local temple, my friend Bandara and I made Buddha statues of all types and sizes. If any of them were to survive for a few thousand years at the site where the schools stood, future archaeologists may wonder if a primitive tribe existed there (of course carbon dating will show otherwise). Like that, looking at some of the thousands of statues that pop up on every street corner, the purpose of which varies, sometimes I wonder if they were made by a civilisation that was yet to finesse the art of sculpture or by kids having access to kirimeti. No wonder birds take liberty to exercise their freedom of expression.
by Geewananda Gunawardana
Midweek Review
Rock Music’s Freedom Vibes
What better way to express freedom’s heart-cry,
Decry decades-long chains that bind,
And give oneself wings of swift relief,
As is happening now in some restive cities,
Where the state commissar’s might is right,
Than to sing one’s cause out or belt it out,
The way the Rock Musician on stage does,
Raw, earthy, plain and no-holds-barred…..
So the best of Rock artistes, then and now,
You may take a deep bow to rousing applause.
By Lynn Ockersz
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