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India’s federalist check, America’s unitary President, and postcolonial Britain’s powerless PM

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Indian Prime Minister Narendra Modi being welcomed to celebrate the BJP's performance in Assembly elections across four states and one union territory, at the party headquarters in New Delhi, Monday, May 4, 2026. Party National President Nitin Nabin also seen.PTI

Prime Minister Modi’s BJP scored a massive victory in the April State Assembly election in West Bengal. With the victory in West Bengal, the BJP now rules every state along the Gangetic plain. “The lotus is blooming from Gangotri to Gangasagar,” Modi told cheering BJP cadres in the party headquarters in Delhi. It is “BJP from Bihar to Bengal,” he went on. The BJP already has a virtual stranglehold over India’s Hindi belt states in the middle and its multilingual western states. Only the south stands out, rebuffing the BJP one more time even while throwing out the incumbent governments in Kerala and Tamil Nadu.

The new governments in the two southern states have one thing in common – not to become Modi’s state agents. Of the other three southern states that did not have elections this year, the ruling Telugu Desam Party (TDP) is part of the BJP-led National Democratic Alliance (NDA), while Karnataka and Telangana are governed by the Congress-led Indian National Development Inclusive Alliance (INDIA).

Besides Kerala, Tamil Nadu and West Bengals, this year’s state elections were also held in the smaller state of Assam in northeast, and Union Territory Puducherry near Tamil Nadu. BJP led alliances were in power and were re-elected in both jurisdictions. But it is the victory in West Bengal that has removed from the political scene one of Modi’s and the BJP’s main regional detractors – the defeated West Bengal Chief Minister Mamata Banerjee and her Trinamool Congress. By that measure the federal check on the Prime Minister, by far the only domestic check on Modi and the BJP government, has been proportionately weakened. More importantly, the defeats of Mamata and Trinamool Congress in West Bengal, and Stalin and the DMK in Tamil Nadu, the struggling opposition alliance INDIA has lost its most seasoned regional heavyweights.

For want of a King

Inasmuch as India is the world’s largest federal parliamentary democracy, it would be interesting, if not instructive, to compare its current situation with the chaotic situations in the US – the world’s oldest, federal and presidential democracy, and in the UK – the world’s oldest parliamentary democracy. Ironically, India and the US are republics while only the UK has a King, but it is the King of England who is now actually protective of parliamentary democracy unlike the Prime Minister of India and the President of the United States. In the case of the United Kingdom, where democracy is well and thriving going by the recent local elections, not even the King can save his beleaguered Prime Minister, Sir Keir Starmer, who is facing expulsion by his Party for the trouncing it got in the local polls and defeats in Scotland and in Wales.

Yes, Scotland and Wales, not to mention England. Unitary Britain is now devolved enough to be federal. To Britain’s further credit, it holds its elections when due regardless of who is in power and regardless of whether the ruling party is in a position to win or lose. Not quite in Sri Lanka, needless to say, the timing of election has become the executive’s prerogative. And in that respect the still new NPP government is no different from every other government – yes – since independence, to recite the NPP mantra, correctly for once. One redeeming difference could be that there seems to be no consultation with astrologers, if indeed it is true.

That said, Britain’s Starmer is a strange political phenomenon. A highly accomplished lawyer, a Labour activist since his teen years and MP since 2015, duly elected as Labour leader in 2020, and Leader of the Opposition from 2020 to 2024 as the Conservatives descended into chaos in government, Starmer led the Labour Party to a massive victory in 2024 winning 411 of the 585 seats in the House of Commons, and winning in Scotland and Wales as well. But that victory was lopsided – the Labour had won 70% of the seats in parliament with only 34% in the popular vote share. Starmer’s personal popularity was a dismal 5%. A “loveless landslide,” pundits aptly chimed in. The lovelessness is now showing.

For all his impressive Labour Party resume, Sir Keir Starmer simply lacks the basic political touch with the people. He posses neither the sales charm of Tony Blair or the political heft of Gordon Brown. The lackluster performance of his government was compounded by a grave political misjudgement in the appointment of Labour’s well connected, yet the oldest Party hack, Peter Mandelson as British Ambassador to the US. Mandelson’s nefarious connections to Jeffrey Epstein, the disgraced the American pedophile, shook the British establishment including the Royal Family. Starmer became the whipping boy for all of Britain’s political angsts.

In fairness, Starmer is also symptom of the crisis in British politics, a crisis that is rooted in the country’s sluggish economy and its political ambivalence. To save his bacon, Starmer is literally going back to the future – promising to nationalize steel and vowing to reverse Brexit without undoing it. Obviously, these measures resonate well with the British public. Paradoxically, at the same time, the British voters are not averse to voting for Nigel Farage’s Reform UK, the successor to his Brexit Party that conned old Britishers into leaving the European Union. While Reform’s wins in the local elections are truly impressive, it is also true the combined Labour-Liberal-Green votes easily outnumber Reform’s support. A common electoral alliance of the three would seem logical but may not be feasible.

A leadership battle is brewing in the Labour Party. Starmer seems determined not to quit, despite calls for his departure by four resigning ministers and over 100 MPs. He seems to think that he can withstand a leadership challenge which seems likely to come from the Health Secretary, Wes Streeting. It will be a bruising battle and could turn out to be a pyrrhic victory for the winner. For now, the Prime Minister is going through the motions including the customary King’s Speech delivered on Wednesday laying out the government’s agenda for the new session of parliament.

Before the Labour Party’s local election debacle and the current crisis, the King and Queen of England visited the United States of America to commemorate the 250th Anniversary of American independence. Addressing a Joint Session of the Congress on April 28, King Charles III evoked the central significance of Magna Carta, the Great English Charter of 1215, for the American Bill of Rights of 1791, and as “the foundation of the principle that Executive power is subject to checks and balances.” The King even noted that Magna Carta has been “cited in at least 160 Supreme Court cases since 1789.”

What the King could obviously not have said is the fact that the hallowed principle of checks and balances involving Executive power is being blatantly violated by America’s president unlike at any time before in the country’s 250 year history. Interestingly, according to the same source that totted up the 160 Supreme Court cases citing Magna Carta, the current Court under CJ John Roberts has not cited the Magan Carta in any of its rulings. Not even in the case involving President Trump and presidential immunity and the ruling in which it has given the current incumbent the freedom to act ignoring Congress, and without checks and balances.

Trump has combined and adopted two controversial presidential traditions that arose in the 20th century. The ‘imperial presidency’ of Richard Nixon that was soon reined in the aftermath of Watergate, and the ‘unitary presidency’ of Ronald Reagan aimed to remove the shackles after Watergate and assert that a president had absolute power over the executive branch. The conservative Supreme Courts judges subscribe to the unitary school and are happy to use their majority to entrench it judicially, while deliberately ignoring Trump’s excesses as passing problems. Trump has chosen imperial bullying as his foreign policy weapon, and ignoring checks and balances for domestic administration.

The war in Iran has exposed Trump’s limitations overseas even as it has worsened his unpopularity at home among all Americans except his core MAGA supporters. The Chinese seem to be making this obvious in the reception they are giving Trump this week in Beijing that is quite a comedown from the grandness of the reception he was given during his first term state visit. Trump would certainly be hoping for China to use its influence on Iran to get a deal to end the war. While the war now appears to be in a prolonged stalemate, there is no respite for the global economy from the crisis that the war has created. Neither Iran nor China is in any hurry to help Trump out. The war is his making and he is bearing the cross for it. He can blame Netanyahu but that will be admitting failure. And the Americans are virtually stuck with him until his term runs out.

In Britain, members of parliament can come together to overthrow an unpopular government, the cabinet of ministers of the Conservative Party can force a Prime Minister to quit, or the government members of the Labour Party can get rid of their Prime Minister by forcing a leadership contest. By rule and convention, the parliamentary system provides such flexibility between elections. There is always the risk of revolving door Prime Ministers as it has happened with the Conservative Party government in 2022. But no British Prime Minister can wreak havoc and stay in power for his full term, as President Trump is proving to be in the US. The November midterm elections to Congress are widely expected to flip control of the House to Democrats, and potentially of the Senate as well. Both assemblies are under Republican control now and Trump has dictatorial power over the Republican Party in both the House and the Senate. There is no separation of powers and there are no checks and balances at the federal level on the executive.

To avoid Democrats taking control of the House in November, Trump is forcing the states under Republican governments to rejig electoral boundaries and regulate voting rights by insisting on impractical identification and location requirements. The Supreme Court has taken a hands off approach to these matters by conveniently calling them political issues. Put another way, rights can be denied so long as they are a political matter. But Trump is not having his way as not all the Republican states are ready to do the President’s bidding. And the states under Democrats are doing their own rejigging, and the whole political system is narcissistically caught up in this electoral mayhem. There is little space, time and energy left to deal with ‘the excursion’ in Iran and its economic effects on the world.

India’s Midterm

In India, on the other hand, to complete the circle of my detour today, Prime Minister Modi and the BJP government would seem to have been able to execute, rather easily, election interferences in some of the state assembly elections – that President Trump is unable to achieve in time for the November midterm elections in America. The Election Commission of India, traditionally one of the more trusted public institutions in the country, has recently been facing allegations of fraud, manipulation, and tampering with electoral lists to remove real names and fake names. These misdoings are also alleged to have been undertaken by election officials to favour the ruling BJP government.

These allegations first surfaced in the assembly elections in Bihar last year, and are now alleged to have been a major factor in West Bengal elections this April. Central to these allegations is the Special Intensive Revision process that is used to update electoral lists by verifying voter information, including relocations, deaths etc. In Bihar, the intensively revised new voter list showed 72.4 million voter names – 6.5 million fewer than the previous list. The publication of the omitted names and opportunity to appeal have not been straightforward. The BJP/NDA won the November 2025 election in Bihar with 202 out 243 seats, and BJP alone won the largest number of seats for the time in Bihar. The defeated opposition contended that the SIR scheme played a role in the BJP’s runaway victory.

Bihar’s electoral experience repeated itself in West Bengal this year and with even more allegations about the Special Intensive Revision process. The BJP/NDA won 207 seats out of the total 294 seats, with Trinamool (grassroots) Congress winning 80 seats, and Bengal’s once mighty Communist Party, under a very popular Chief Minister Jyoti Basu for over 30 years, reduced to a humiliating single seat. The SIR allegations contend that in over 100 seats that BJP won, the number of voters eliminated by SIR is greater than the difference in the number of votes between the BJP and Trinamool. Modi and the BJP also played the anti-Muslim card vigorously, raising the spectre of illegal migrants from Bangladesh. The same anti-Muslim playbook of Trump and every other right wingnut in Europe.

Perhaps for the first time in 40 years, the same political party is in government in Delhi and in Kolkata, and it creates a new dynamic for the triangular relationship between India, West Bengal and Bangladesh. Through the early partition of Bengal and the later bifurcation of the two distant (East and West) wings of Pakistan, the cross-border Hindu-Muslim populations of the two countries have maintained their cultural affinities and even established a sizable informal economy between them. The concern now is that if the relationship between Delhi and Dhaka were to deteriorate that could impact the livelihood of millions of people who now straddle the border for economic survival.

In the two southern states of Kerala and Tamil Nadu, the incumbent governments were thrown, but with a difference in what replaced them. In Kerala, the Communist Party Marxist (CPM) and to far lesser extent, the Communist Party of India (CPI) have maintained their strong bases unlike their rather corrupt comrades in West Bengal. Elections have periodically swung between the Left Democratic Front (LDF) of the two Communist Parties and smaller parties, and the other progressives, and the United Democratic Front (UDF) led by the Congress Party and also somewhat left of centre. The LDF won the last two elections and was hoping for a threepeat.

The voters thought otherwise and gave the reins to the UDF with a convincing 97 out of 140 seats. Kerala now turns out to be the most secular political home for the Indian National Congress, once the great banyan tree of all political organizations in India. Nehru once opined without exaggeration: ” India is Congress, Congress is India.” The greater historical irony is that it was Rahul Gandh’s grandmother Indira Gandhi, as Congress President without any elected position, who masterminded the presidential expulsion of Kerala’s, and the world’s, first elected Communist Government led by EMS Namboodiripad in 1959.

Tamil Nadu is a different story and is literally writing a new script after electing actor-turned politician Joseph Vijay and his Tamilaga Vettri Kazhagam (Tamil Nadu Victory Party) with the largest majority – 108 out of 234 seats, 10 seats below the required majority. For the first time, there will be a new government in Tamil Nadu without either of the Dravidian duo – the DMK and its alter ego ADMK. The ruling DMK was widely expected to win, and Chief Minister Stalin had run an efficient administration. But ruling familial corruption, in spite of the Chief Minister, a sense of boredom among otherwise well ensconced young voters would seem to have propelled the matinee star to the seat of power. He is now in government with the support of the Congress Party and the two Communist Parties. But there are two scripts to the State of Tamil Nadu: the political script that is all theatrical, and the economic script that is all good business. Tamil Nadu is one of the strongest economies in India. That is often lost in the commentaries on the state’s theatrical politics. The challenge to the new Chief Minister is to keep the economy going and not go into a slump.

by Rajan Philips



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Features

Sri Lankan Airlines Airbus Scandal and the Death of Kapila Chandrasena and my Brother Rajeewa

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The death of Mr Kapila Chandrasena (KC), the former CEO of SriLankan Airlines, caused quite a stir in the country. A few politicians, particularly from the opposition, tried to take advantage of the confusion surrounding his death, whilst social media went into a frenzy, with everyone having a theory as to the cause of death.

Even Transparency International Sri Lanka (TISL), the independent anti-corruption watchdog, issued a public statement urging the Government to ensure a full, transparent, and credible investigation into the circumstances surrounding Kapila Chandrasena’s (KC’s) death. TISL further emphasized that the Government bears a responsibility to protect the integrity of the judicial process and to ensure that individuals connected to high-profile investigations are able to participate in proceedings in a safe and secure environment.

While such concerns are understandable, I strongly believe that it is necessary to await the findings of the magisterial inquiry before reaching conclusions regarding the cause of death. To speculate irresponsibly, particularly to fit pre-existing political beliefs, is unfair not only to the deceased but also to his grieving family and loved ones.

First and foremost, I wish to convey my sincere condolences to the family of KC. I understand personally the trauma and anguish associated with losing a loved one unexpectedly and under tragic circumstances.

My brother’s death

Unfortunately, the death of KC also resulted in renewed interest in the death of my brother, Rajeewa Jayaweera, in June 2020. Some individuals on social media attempted to link his death to the newspaper article he published on the Airbus scandal involving SriLankan Airlines, KC and his wife.

Some people even circulated photographs of my brother’s body at the site of the incident across social media platforms. This was deeply insensitive and extremely distressing to my sisters and me. The loss of a sibling under tragic circumstances is something from which one never fully recovers. It took our family years to come to terms with his passing, and to have those painful images resurfaced in connection with an entirely unrelated event reopened old wounds unnecessarily.

On behalf of my sisters and myself, I wish to state unequivocally that my brother, Rajeewa Jayaweera, took his own life in June 2020 due to personal circumstances. His death had absolutely no connection whatsoever to his writings regarding the Airbus scandal. Neither the Rajapaksas, nor any political actor, nor any state agency was involved in his death. The magisterial inquiry into the matter returned a verdict of suicide.

Those who know me personally are aware of my forthright and combative nature. Had there been even the slightest credible suspicion surrounding my brother’s death, I would never have rested until justice was pursued. Since this was clearly established as a case of suicide, I sincerely hope that those who continue to circulate unfounded theories will finally allow the matter to rest with dignity.

The Sri Lankan Airbus scandal

The alleged payment of a USD 2 million bribe by Airbus SE to a shell company established in Brunei by the wife of a senior SriLankan Airlines official came to light following the approval of a Deferred Prosecution Agreement (DPA) between the UK Serious Fraud Office (SFO) and Airbus SE.

The DPA was approved on January 31, 2020 by Dame Victoria Sharp, President of the Queen’s Bench Division, sitting at the Crown Court in Southwark. The award represented one of the largest global anti-corruption settlements in modern corporate history.

The Airbus investigation by the SFO extended far beyond Sri Lanka. It involved allegations of bribery and corrupt practices linked to aircraft purchases by AirAsia and AirAsia X in Malaysia, SriLankan Airlines, TransAsia Airways in Taiwan, PT Garuda Indonesia, Citilink Indonesia, and military aircraft transactions involving the Government of Ghana.

The approved judgment contained specific references to the SriLankan Airlines transaction (page 12, points 41 to 44). It alleged that Airbus employees, contrary to Section 7 of the UK Bribery Act 2010, failed to prevent bribery involving individuals connected to the airline’s aircraft procurement process between July 2011 and June 2015.

According to the Statement of Facts, Airbus engaged the wife of an individual connected to the aircraft acquisition process through a shell entity described as “Company Intermediary 1”. Airbus employees allegedly offered up to USD 16.84 million in commissions in relation to SriLankan Airlines’ purchase of ten Airbus aircraft and the lease of four additional aircraft. Ultimately, only USD 2 million was allegedly paid.

The judgment further stated that Airbus employees sought to disguise the identity of the beneficial owner behind the intermediary company and misled the United Kingdom Export Finance Agency (UKEF) regarding the intermediary’s qualifications, aviation experience, and role in the transaction.

The smoking gun from Sri Lanka that commenced the UK SFO investigation

The matter became particularly significant because it was the concerns raised by UKEF regarding the SriLankan Airlines intermediary that ultimately triggered the wider SFO investigation into Airbus. UKEF questioned why an individual with little aviation experience and who was domiciled outside Sri Lanka had been engaged as a business partner in such a major transaction.

Airbus reportedly provided misleading and inaccurate responses to those concerns in February 2015. Unsatisfied with the explanations provided, UKEF escalated the matter, which subsequently contributed to the formal investigation launched by the SFO in July 2016.

Ironically, what appears to have been a poorly concealed and amateurishly structured bribe involving SriLankan Airlines ultimately became one of the catalysts for a global corruption investigation that resulted in Airbus paying penalties approaching EUR 4 billion across the United Kingdom, France, and the United States.

Under the settlement approved in the UK, Airbus agreed to pay approximately EUR 991 million into the UK Consolidated Fund, including disgorgement of profits and financial penalties. Simultaneously, French and American authorities imposed additional penalties amounting to nearly EUR 3 billion.

Aircraft procurement and corruption

The Airbus matter once again highlighted a longstanding global reality: aircraft procurement has historically been highly vulnerable to corruption. The purchase of aircraft involves enormous financial values, complex financing arrangements, confidential negotiations, intermediaries, export credit agencies, and political influence. These factors create conditions for improper payments and abuse of authority.

Globally, there have been numerous allegations over several decades involving commissions, hidden intermediaries, and questionable consultancy agreements linked to aircraft purchases by both commercial airlines and governments. It is generally believed that the average commissions paid are between 3% to 5% of the order value.

The cost to Sri Lankan taxpayers

One of the most undesirable aspects of the Airbus affair is the financial burden ultimately borne by ordinary Sri Lankan taxpayers.

In 2015, the Government of Sri Lanka decided to cancel the order for four Airbus A350 aircraft as they were deemed unsuitable. As a consequence of that cancellation, SriLankan Airlines incurred penalties estimated at approximately USD 140 million, equivalent to roughly Rs. 19.2 billion at the time.

While Sri Lankan taxpayers absorbed these enormous losses, the United Kingdom taxpayers benefited financially from the Airbus settlement. The UK Consolidated Fund received almost EUR 1 billion arising from the penalties imposed on Airbus.

The contrast is stark. Sri Lanka suffered substantial financial losses as a result of a transaction tainted by allegations of corruption, while foreign governments received the benefit of the resulting fines and penalties.

The questions raised by my brother

My late brother, Rajeewa Jayaweera, wrote an article about the Airbus scandal in an article published in the Sunday Island on February 16, 2020, titled “SriLankan Airlines Airbus Deal”. In the article, he referred to a SriLankan Airlines Board meeting held on October 27, 2016.

According to his article, Board Minute 7.3 dealt specifically with reports that Airbus was under investigation in Europe for bribery-related offences. Rajan Brito, who was then a director of the airline, reportedly informed fellow board members about the investigations and tabled draft letters intended for Airbus, Rolls-Royce, and AerCap.

Those draft letters reportedly suggested that the aircraft transactions may not have been based solely on commercial considerations and sought information regarding the role of facilitators and intermediaries.

However, according to my brother’s article, Brito’s proposal to send those letters was reportedly ignored on the basis that the airline was negotiating favourable terms to cancel aircraft purchase commitments and that sending such letters might sour relations and disadvantage the airline.

However, my brother believed that the decision not to proceed with Brito’s letters was controversial and highly questionable, and that the airline could have sought the assistance of the PNF (Parquet National Financier) to investigate the deal and seek financial restitution, given that the order was allegedly tainted by corruption, particularly given the emerging evidence of corruption surrounding the transaction.

Even today, an important question remains unanswered: did the Government of Sri Lanka or any subsequent board of SriLankan Airlines seriously attempt to recover the USD 140 million cancellation penalty, along with any inflated amounts paid after the global corruption findings against Airbus became public?

The slow pace of Sri Lankan justice

Following the public release of the UK judgment on January 31, 2020, Sri Lankan authorities moved relatively quickly to initiate legal proceedings against KC and his wife.

On February 4, 2020, arrest warrants were reportedly sought. On February 6, 2020, KC and his wife surrendered to the Criminal Investigation Department (CID) and were remanded until March 4, 2020, when they were released on bail.

The allegations reportedly related to accepting a USD 2 million bribe and engaging in money laundering activities. Press reports also indicated that travel restrictions had been imposed.

However, six years later, the matter still appears unresolved. Based on publicly available information, indictments were reportedly filed before the Colombo High Court in 2022. Since then, several hearings dealing with procedural and preliminary issues have reportedly taken place, but the substantive trial itself has yet to properly commence. With KC now deceased and reports suggesting that his wife may have absconded, the prospects of successfully prosecuting the matter appear increasingly uncertain.

Many Sri Lankans understandably feel frustrated by the slow pace at which corruption-related cases proceed through the judicial system. This frustration is particularly acute where allegations involve politically connected individuals or transactions involving massive losses to the public.

The public perception is that investigations move slowly, prosecutions are delayed for years, and accountability is often ultimately avoided through procedural delays, political changes, or the passage of time.

To be fair, corruption cases involving international financial transactions are inherently complex. They require cooperation between multiple jurisdictions, access to banking records, mutual legal assistance processes, forensic accounting, and substantial documentary evidence. Nevertheless, the extraordinary delays contribute to growing public cynicism regarding the administration of justice.

It is also worth noting that the UK proceedings against Airbus did not publicly identify KC by name. Much of the public discussion in Sri Lanka has therefore relied on local investigations and media reporting rather than the UK judgment itself.

According to information available in the public domain, the alleged funds connected to the USD 2 million payment ultimately found their way into an Australian bank account linked to KC. Given the reputation of Australian authorities for cooperating with international law enforcement investigations, many members of the public expected a faster and more decisive legal process in Sri Lanka.

In that context, a detailed public explanation by the Attorney General’s Department regarding the legal and evidentiary challenges affecting the case may help improve public understanding and confidence.

SriLankan Airlines: A continuing national burden

The Airbus controversy cannot be viewed in isolation from the broader failures surrounding SriLankan Airlines over several decades.

The national carrier has accumulated debts estimated at approximately USD 1.2 billion, equivalent to nearly Rs. 350 billion. This translates to a burden of roughly Rs. 16,000 per Sri Lankan citizen, including millions who have never travelled on the airline.

Successive governments have interfered extensively in the airline’s operations. Political appointments, weak governance, lack of commercial discipline, and poor strategic decision-making have contributed significantly to the airline’s decline.

Far too often, individuals lacking meaningful aviation expertise have been appointed to key board and management positions. Political loyalty has frequently taken precedence over competence and experience.

The decision to terminate the management and ownership partnership with Emirates remains one of the most controversial episodes in the airline’s history. Many industry observers believe that decision alone cost Sri Lanka billions of rupees in lost opportunities and operational deterioration.

Despite repeated financial losses and mounting taxpayer burdens, very few individuals have ever been held accountable for the disastrous decisions that contributed to the airline’s decline.

The current Government faces an unavoidable reality. SriLankan Airlines cannot continue indefinitely as a financially unsustainable state enterprise funded by taxpayers already struggling under severe economic hardship. Decisions regarding the future of the airline must be guided by commercial reality rather than political ideology or emotional nationalism.

Ultimately, the Airbus scandal is not merely about one individual or one alleged bribe. It reflects deeper structural weaknesses involving governance, political interference, accountability, and institutional failure within Sri Lanka.

Sadly, a relatively young man has now lost his life amidst these events and controversies. Regardless of the allegations against him, that remains a human tragedy. At the same time, the country must continue to demand transparency, accountability, and institutional reform so that such scandals are never repeated.

(The views and opinions expressed in this article are solely those of the author and do not necessarily reflect the policy or position of any organization or institution with which the author is affiliated).

By Sanjeewa Jayaweera

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High stakes and hidden hands: Navigating the maze of electronic financial fraud

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Electronic or digital financial fraud is the current, extremely distasteful description of a blight that has hit the entire globe; a menace that is perpetrated through an unbelievable labyrinth of interconnected dishonourable and nasty manoeuvres. In an era where our financial lives are increasingly becoming digital, the “perfect financial crime” no longer requires a getaway car. It just needs a high-speed internet connection and stupendously brilliant, depraved and Machiavellian minds.

Modern scams have advanced far beyond the poorly spelt emails of the past. They are now extremely sophisticated operations exploiting psychological manipulation and deep-fake technology. Financial fraud has evolved from simple street-level deception into a complex, multi-billion-dollar industry. It has been manipulated through many different currencies in different parts of the world. In Sri Lanka, the landscape of scams has shifted from traditional “pyramid” schemes to sophisticated digital heists and institutional bond scandals that threaten the very fabric of our national economy. From an international outlook, financial fraud is becoming increasingly transnational. Sri Lanka is currently under intense scrutiny by the FATF (Financial Action Task Force). Sri Lanka falling onto the “Grey List” again would have severe repercussions, potentially causing international banks to suspend payments to the island, severely upsetting our exporters.

The financial fraud profile of Sri Lanka has gone from “Bonds” to “Glitches”. Our country has been rocked by high-profile financial irregularities that serve as a stark warning about institutional integrity. First was the Treasury Bond Scandal. Often cited as the largest financial scam in the nation’s history, the Central Bank bond issuance of 2015 highlighted the risks of Insider Trading and the manipulation of government securities. The fallout cost the public billions of rupees, demonstrating how high-level collusion can bypass traditional safeguards.

The recent problem where the Treasury remitted a very large amount of foreign currency to a different portal to which money should not have been sent is a special type of Financial Fraud problem that seems to have been instigated by a deceptive email. It is under investigation at present, and it appears that it is the money that had been earmarked for foreign debt reconciliation. It is the taxpayers’ money that has been allowed to be swindled by unscrupulous crooks.

Then there is the National Development Bank (NDB) “Glitch” Controversy.

The entire banking sector was shaken to its roots by reports of a massive multi-billion-rupee fraud at the NDB. This incident, often referred to in local circles as “The Glitch,” involved the alleged diversion of funds through a sophisticated manipulation of the bank’s internal accounting systems.

Then there are the perceived Guardians, who often serve as Whistleblowers. The fight against such deep-seated corruption rarely begins with a regulator; it often starts with an individual. It is just someone who smells a rat. Maya Senanayake, a forensic expert at NDB, has emerged as a symbol of integrity in this landscape by identifying anomalies that others chose to ignore. Whistleblowers like Senanayake face immense personal and professional risks. Their role is a “Herculean effort”, very often battling institutional stonewalling to bring the truth to light. Without such individuals, “Suspense Account” spikes and “shell-company diversions” would remain invisible to the public eye.

Having mentioned just two of the buzz phrases in circulation, given in Italics above, it is pertinent to provide definitions for some of these phrases that are being bandied about very frequently in articles on the main subject of this article.

· SCAM – It is a fraudulent scheme or deceptive act performed by an individual or group to trick a victim into giving up something of value, typically money, personal information, or assets. It is a blatant lie or a misrepresentation of the truth. Unlike theft (where something is taken by force), a scam usually involves the victim “willingly” handing over assets because they believe the fraudster’s story. Scams often rely on psychological manipulation, such as creating a sense of urgency, fear, or the promise of a “too good to be true” reward.

· HACKERS –

The term has evolved significantly and carries different meanings depending on the context. In the broadest sense, a hacker is someone who uses technical skills to overcome a problem or bypass a system’s limitations. The cybersecurity industry generally classifies hackers by their intent, often using a “hat” colour system.

The White Hat Hackers are an ethical group that is hired to detect vulnerabilities. They are legal and helpful as they improve security by reporting bugs.

The Black Hat Group are cybercriminals who break into systems illegally. They are malicious, steal data, plant malware, or disrupt services.

The Grey Hats Individuals who may break laws to access a system, but without malicious intent. They are individuals who might find a bug without permission and then offer to fix it for a fee.

· MONEY LAUNDERING – It is the process of “cleaning” illicitly-earned money by passing it through complex bank transfers or commercial transactions.

· TREASURY BOND –

A government debt security that provides a fixed interest rate. Manipulating these affects the nation’s debt and interest rates.

· WHISTLEBLOWER –

It is an “insider” who reports and even makes public, concealment of illegal or unethical activities within an organisation to the public or relevant authorities.

· SUSPENSE ACCOUNT –

A temporary account used to hold funds while their final destination is determined. These are frequently used in fraud to “hide” money during transfers.

· SHELL COMPANY –

No., NO…, it is not the Shell Company that deals with fuel. This terminology refers to a company that exists only on paper and has no active business operations. It is very frequently used to obscure the identity of those moving money. They become “Ghosts”.

· FORENSIC AUDIT –

An examination of financial records to find evidence that can be used in a court of law or for legal proceedings.

When one examines some of these frauds and scams, it becomes clear that at the bottom of the distasteful occurrences lie systemic inadequacies. Scrupulous attention to all details of financial transactions, trustworthy and fool-proof systems dealing with financial transactions, utmost vigilance and a very high degree of suspicion are the incontrovertible needs of the hour. The powers-that-be in all things that deal with financial transactions must consist of people with unblemished honesty, unbridled integrity and honour.

International best practices now emphasise a shift from “rules-based” to “risk-based” oversight, even going to the extent of utilising Artificial Intelligence (AI) to detect suspicious patterns in money laundering and financial fraud that a human eye might miss.

For individuals and the general public, the Three Golden Rules for Protection are as follows”

· Demand Transparency:

Whether you are an investor or a depositor, always ask for the audited financial statements of the institution.

· Verify the Chain:

In government securities, ensure you are dealing through registered primary dealers.

· Support Protections:

Advocate for stronger Whistleblower Protection Acts to ensure that those who speak the truth are not penalised by the system they seek to save.

The trick is to protect ourselves from the Invisible Thief by protecting ourselves from Modern Scams. Here is a breakdown of the most prevalent threats today and how to safeguard your assets.

A. The “Urgent Authority” Tactic

Scammers often impersonate trusted institutions such as banks, financial institutions, tax offices, or law enforcement. They create a sense of artificial urgency, claiming your account has been compromised or you owe an immediate fine.

· The Red Flag: Any request to move money to a “safe account” or pay via untraceable methods like gift cards or cryptocurrency.

· The Defence:

Hang up immediately or delete the message if it is on email. Contact the institution using a verified phone number from their official website or the back of your bank card to check the veracity of the request.

B. Investment and “Get Rich Quick” Schemes

With the rise of digital assets, “pig butchering” scams have become rampant. Fraudsters build a relationship with the victim over weeks (the “fattening”) before suggesting a “guaranteed” investment opportunity in crypto or forex (the “slaughter”).

· The Red Flag: Returns that consistently outperform the market with “zero risk.”

· The Defence:

If an investment opportunity sounds “too good to be true”, it almost always is. Professional financial advisors do not solicit clients via WhatsApp or dating apps.

C. Phishing and Smishing (SMS Phishing)

These are deceptive messages designed to steal login credentials. You might receive a text stating a package delivery failed, or your Netflix subscription has lapsed, followed by a link to a “login” page that looks identical to the real thing.

· The Red Flag: Unusual URLs (e.g., wellsfarg0.net instead of wellsfargo.com) and unexpected attachments.

· The Defence:

Never click links in unsolicited messages. Use Multi-Factor Authentication (MFA) on all sensitive accounts; even if a thief gets your password, they won’t get the secondary code.

4. The AI Impersonation (The Grandparent Scam)

Advancements in AI voice cloning allow scammers to mimic the voice of a loved one in distress. They may call claiming to be in a car accident or legal trouble, begging for immediate funds.

· The Red Flag: High emotional pressure and a demand for secrecy.

· The Defence:

Establish a “family password” – a unique word or phrase only your inner circle knows. If the caller cannot provide it, they are not who they say they are.

The Three Golden Rules for Financial Safety are

· Slow Down and Do Not Get Frightened:

Scammers rely on panic. Taking five minutes to think or consult a friend usually breaks the spell of the scam. It is also important to realise that some scammers try repeatedly.

· Verify the Source:

Never trust Caller ID, as numbers can be easily “spoofed” to look local or official.

· Protect Your Data:

Be wary of how much personal information you share on social media. Scammers use these details to make their impersonations more convincing.

Your bank will NEVER EVER ask for your Personal Identification Number (PIN), your Account Password, One-Time-Password (OTP) or request you to transfer money to an entirely new, unknown account. If any such request comes, do not fall for it and immediately contact the institution through their standard publicised telephone lines to check on the veracity of the request.

If you suspect you have been targeted, report it to the bank or financial institution, your local authorities and the legal investigative portals…, IMMEDIATELY.

(Some of the material presented

in this article was extracted with the help of AI.)

by Dr B. J. C. Perera
MBBS(Cey), DCH(Cey), DCH(Eng), MD(Paediatrics), MRCP(UK), FRCP(Edin), FRCP(Lond), FRCPCH(UK), FSLCPaed, FCCP, Hony. FRCPCH(UK), Hony. FCGP(SL)
Specialist Consultant Paediatrician and Honorary Senior Fellow, Postgraduate Institute of Medicine, University of Colombo, Sri Lanka.
An independent free-lance correspondent.

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In Memory of Professor M S M Mookiah

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The passing of Professor M S M Mookiah is a great loss to the National Peace Council of Sri Lanka and to all who knew him. He was a steadfast supporter of our mission of peacebuilding and our commitment to inclusion and justice for all communities. Since 2006 he has served loyally as a member of the NPC Governing Council and Board, bringing to our work the benefit of his long experience in public life and academia. He believed deeply in the possibility of healing divisions through dialogue and understanding. What gave him satisfaction was participation, service, and the opportunity to contribute to a better future.

Professor Mookiah was an alumnus of the University Peradeniya, a Commonwealth Scholar at the University of Wales, Institute of Science and Technology, Cardiff and returned to Peradeniya and served and Head Geography at the University of Peradeniya. Subsequently he served as Vice Chancellor of Eastern University, Sri Lanka and later as a member of the Public Service Commission of Sri Lanka. He carried these responsibilities with dignity and humility. Even after retirement, there was nothing he enjoyed more than travelling to distant parts of the country to meet people and discuss the challenges of reconciliation and post war reconstruction. He believed strongly in dialogue, coexistence, and the possibility of building a more just society focusing on subjects such as Pluralism, Transitional Justice, Social Cohesion and Reconciliation.

His scholarly contributions were not merely academic but deeply rooted in social justice. He acted as a catalyst and inspiration for thousands of students, particularly helping students from Hill Country enter higher education. He mentored thousands of students and stood as a primary source of inspiration for students from Hill Country to break barriers and enter the sphere of higher education. He remained deeply loyal to the hill country where he was born and to the Malaiyaha Tamil community whose advancement he quietly supported throughout his life.

He understood the hardships faced by plantation families and the barriers confronting young people seeking higher education. One of his most meaningful contributions was the scholarship scheme he initiated in 2014 together with his brother Dr S. Kanapathyraja. Through the support of the Rotary Club of Carmarthen in Wales and later other well-wishers abroad, the scheme enabled university students from plantation communities to pursue higher education. It continues to this day and stands as a lasting part of his legacy.

Professor Mookiah was also a warm and gracious friend. He and his wife welcomed us into their home with generosity and kindness and shared the chocolates his sons brought when they visited from abroad. In later years he spent long periods with family in Switzerland, the United States, and India, where his ashes now lie. But his life’s work belongs to Sri Lanka, to its universities, to the students he inspired, to the communities he served, and to the cause of peace and reconciliation to which he remained committed throughout his life. His presence will remain with us at NPC in his work of peacebuilding, in the scholarship scheme he helped create, and in the memories of all who had the privilege of knowing him.

We offer our prayers for his soul to rest in peace and extend our heartfelt condolences to his family, friends, and the thousands of students grieving this great loss.

By National Peace Council of Sri Lanka

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