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Manohara makes strong case for draft Constitution, responds to criticism

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By Shamindra Ferdinando

President’s Counsel Manohara de Silva has strongly defended the retaining of the controversial 13th Amendment introduced at the behest of India in the new draft Constitution formulated by a 9-member committee appointed by former President Gotabaya Rajapaksa.

Manohara, one of the members of the committee headed by Romesh de Silva, PC, emphasised that the controversial Amendment enacted in the wake of the Indo-Lanka Accord signed in July 1987 had been diluted by the draft Constitution therefore Provincial Council system no longer posed a threat to the country’s unitary status.

An outspoken critic of foreign intervention, Manohara said so at a symposium organized by the Buddhasasana Karyasadaka Mandalaya at Sri Lanka Foundation (SLF) recently.

The constitutional expert challenged those skeptical of the draft Constitution to prove the committee wrong. The lawyer appreciated the Buddhist grouping taking the lead in educating the public on the proposed Constitution in the absence of the Wickremesinghe-Rajapaksa government taking any interest in the ex-President’s project.

However, on behalf of the Coalition Against Partition of Sri Lanka, its Convener retired Lt. Gen. Jagath Dias sought an explanation from the committee regarding the representations made by the Tamil National Alliance (TNA), one-time LTTE ally, pertaining to new constitutional proposals.

The Gajaba Regiment veteran also asked whether the discourse on the draft Constitution initiated on Oct. 12 would continue and the availability of an opportunity to make suitable amendments having considered fresh views in that regard.

Lt. Gen. Dias, who has declared that the full implementation of the 13th Amendment would undermine Sri Lanka’s unitary status, stressed the need for wider consultations regarding constitutional amendments.

President’s Counsel Romesh de Silva declined to reveal the submissions made by the TNA delegation, led by its leader R. Sampanthan. De Silva received the backing of four members of his committee, namely Manohara de Silva, Sanjeewa Jayawardena, PC, Samantha Ratwatte, PC and Navin Marapana, PC.

The team leader said that the dialogue between them and the TNA or any other party couldn’t be discussed publicly though necessary amendments could be effected following discussions. The committee explained that their responsibility was to produce a draft Constitution and further actions should be the prerogative of the government in power. The committee acknowledged that since the handing over of the draft Constitution to the then President, nothing has been done. The gathering was told that based on further discussions on the subject matter the process could be advanced in consultation with relevant parties.

Manohara de Silva said that in the absence of the Gotabaya Rajapaksa government and the Wickremesinghe-Rajapaksa government sleeping on it, Buddhasasana Karyasadaka Mandalaya, invited them to educate the public of the initiative. “We are only invitees here. Perhaps, they’ll continue this process,” the top lawyer said.

Ven. Athureliye Rathana, MP, threw his weight behind the effort. The MP monk asserted that the draft Constitution cleverly proposed a way out of a sensitive issue as it involved India and couldn’t be dealt with haphazardly. The monk stressed the need to further improve the section that dealt with waste, corruption and irregularities and closer look at economic policies. The former JHU heavyweight pointed out how Sri Lanka handled the power sector without adhering to tender procedures, thereby causing enormous loss to the national economy.

In his speech, Manohara de Silva responded to criticism directed at their draft Constitution. Declaring that what had been proposed was not the 13th Amendment that was already in the Constitution now, the lawyer said that they opposed it because the Provincial Council exercised more powers than the government.

The crux of the matter is in case Provincial Councils enacted a law in terms of the current Constitution, the Parliament has no say. The 13th Amendment to the Constitution has been enacted at the expense of Parliament, Manohara said, adding that the Supreme Court that was sharply divided on the issue allowed the law to be passed on the basis the Parliament with a two-thirds majority could do away with it.

Therefore, the 13th Amendment diluted the power of Parliament, the lawyer said, declaring that draft Constitution proposed that though the Provincial Councils could enact laws relevant, Parliamentary laws wouldn’t be undermined by them. De Silva explained that the 13th Amendment compelled the Governors of the Provinces appointed by the President to work in consultation with the provincial ministers. Alleging it dented the executive authority pertaining to what he called provincial subjects, Manohara said that they proposed measures to be taken against in case Provincial Councils resorted to wrong executive decisions.

Perhaps one of the most significant proposals was to do away with elections to the Provincial Councils, the lawyer said, explaining how the required number of PC members could be elected at the Local Government polls, thereby saving quite a considerable amount of funds. Manohara de Silva stressed that what was proposed by them were not the PCs established under the current law.

“Some asked why the whole thing was not scrapped altogether. We discussed this matter. We could have formulated the draft constitution without the relevant section on Provincial Councils,” he said, referring to various constitution making attempts with the focus on the project undertaken by M.A. Sumanthiran, MP, and the then UNP National List Member Dr. Jayampathy Wickremaratne during the Yahapalana administration.

Warning the audience of the threat posed by President Ranil Wickremesinghe’s declaration that he intended to build on the Yahapalana constitutional project, De Silva said that political parties represented in Parliament, and outside, wanted the PC system to continue. Those who had appeared before the committee sought the continuation of the PCs as they wanted their offspring and henchmen to use them as launching pads for parliamentary careers. Therefore, the only option available was to dilute the PCs as the Parliament wouldn’t allow abolition of PCs, the lawmaker said, declaring no government would do so. An irate de Silva said that those represented in Parliament wanted the expansion and strengthening of the system.

Manohara said that members of the nine-member committee could have produced nine different drafts. But, they decided to sink whatever the differences to produce one document that took into consideration views expressed by political parties represented in Parliament and outside.



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Election monitors flay JVP for postponing PC polls

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Manjula / Rohana

Election monitors have strongly condemned JVP General Secretary Tilvin Silva’s Jaffna declaration that the long-delayed Provincial Council polls couldn’t be held this year due to financial and legal impediments. Silva said so after declaring open a new NPP coordination office, in Jaffna, over the last weekend.

People’s Action for Free and Fair Elections (PAFFREL), and the Institute for Democratic Reforms and Electoral Studies (IRES), said that Tilvin Silva, in his capacity as the General Secretary of the main constituent of the National People’s Power (NPP), couldn’t make such a declaration under any circumstances.

PAFFREL head Rohana Hettiarachchi and IRES Chief Manjula Gajanayake emphasised that the JVP-led NPP government should be ashamed of the developing situation.

Hettiarachchi said that Tilvin Silva’s statement has to be examined against the backdrop of a parliamentary committee, headed by Foreign Minister Vijitha Herath, tasked to determine the electoral system under which PC polls should be conducted.

Alleging that the JVPer had made the parliamentary committee irrelevant, the civil society activist said that the whole exercise of appointing the Herath-led committee now seemed a farce. The JVP’s ruse to put off PC polls further reminded the country of a similar bid made by President Ranil Wickremesinghe, Hettiarachchi said, asserting that a government couldn’t postpone any poll, claiming it didn’t have the wherewithal.

Hettiarachchi emphasised that conducting elections was the responsibility of the government of the day. PC polls have been delayed for nearly one and half decades. Hettiarachchi said that as the NPP won the parliamentary election in November, 2024, it should be held accountable for further delaying the PC polls since then.

Responding to The Island queries, Hettiarachchi said that the JVP’s move couldn’t be justified, under any circumstances. If the NPP felt that the PC system was not required then urgent action must be taken to initiate a dialogue regarding the PC system and remove it through necessary constitutional means, he said.

Hettiarachchi alleged that the JVP, having gained political power, was now following the despicable agenda of the previous political parties which sought to hold onto power at the expense of the democratic rights of the people. The JVP proved that they were not different from those who were routed at the last presidential and parliamentary polls, the PAFFREL chief said.

Tilvin Silva’s unexpected Jaffna statement contradicted their election manifesto that promised to conduct both Local Government and PC polls in 2025.

Gajanayaka said since 1998 there had been several Supreme Court and Court of Appeal rulings regarding the PC polls due to reluctance on the part of some governments to conduct polls for obvious reasons. Referring to Tilvin Silva’s declaration that money allocated for the conduct of elections were utilised for Ditwah relief, Gajanayake emphasised the need to verify such claims. Gajanayake suggested that there should be provision to conduct a forensic study to find out whether Treasury had the required funds or the government lied.

Gajanayaka said that though the JVP was the dominant party, it would be interesting to know the opinion of Dr. Nihal Abeysinghe, General Secretary of the NPP. President Anura Kumara Dissanayake is the leader of both the JVP and the NPP.

The JVP Jaffna declaration couldn’t be accepted, Gajanayake said, adding that the JVP never really backed the PC system, though it contested them later after having waged a bloody insurgency against the Indian introduced set-up. Gajanayaka recalled the violence unleashed by the JVP in the wake of the Indo-Lanka accord of July 29, 1987, under which the then Congress government forced Sri Lanka to enact the 13th Amendment to the Constitution.

By Shamindra Ferdinando

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SL exports exceed USD 5.7 bn in first four months of 2026

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The Sri Lanka Export Development Board (EDB) says Sri Lanka’s total exports, comprising merchandise and services, reached US$ 1,380.93 million in April 2026, recording a year-on-year growth of 6 % compared to the previous year.

The EDB in a statement has said that the positive export performance recorded during the first four months of 2026 highlights the resilience of Sri Lanka’s external sector. Sustained export earnings, supported by stable merchandise trade and the growing contribution of services exports, indicate a steady and encouraging recovery trajectory for the Sri Lankan economy in 2026.

Commenting on the export performance in April 2026, Mangala Wijesinghe, Chairman and Chief Executive Officer of the Sri Lanka Export Development Board (EDB), has said: “Sri Lanka’s export sector continued to demonstrate resilience in April 2026, with total exports reaching US$ 1,380.93 million, recording a year-on-year growth of 6 % compared to April 2025. Merchandise exports recorded a notable increase of 9.87%, while services exports continued to make a significant contribution to overall export earnings, reflecting the growing importance of the services sector within the country’s export portfolio.

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Easter Sunday carnage: Court told Maulana’s statement cannot be accepted without cross-examination

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Retired Maj. Gen. Suresh Sallay’s Counsel Shavendra Fernando, PC, recently told Colombo Fort Magistrate Pasan Amarasena that Mohammed Milhilar Mohammed Hanzeer alias Azad Maulana’s statement that implicated his client in the 2019 Easter Sunday carnage couldn’t be accepted as evidence in a court of law without cross-examination.

Fernando also reminded the court that a warrant had been issued in respect of Maulana, one-time aide to Sivanesathureyai Chandrakanthan, alias Pilleyan, over a case of bigamy.

The Criminal Investigation Department (CID) in late February this year arrested Sallay, who served as the Director of State Intelligence Service (SIS)s from Nov. 2019 to early Oct. 2024, just weeks after the National People’s Power (NPP) won a 2/3 majority at the parliamentary election. President Anura Kumara Dissanayake brought in DIG Dhammika Kumara as Sallay’s successor. Sallay previously served as the head of the Directorate of Military Intelligence (DMI) from 2012 to 2016.

Making submissions to the court after Additional Solicitor General (ASG) Dileepa Peiris, Fernando emphasised that a court of law couldn’t act on a statement submitted through a third party as it couldn’t be relied upon.

At the onset of his submissions, the retired officer’s Counsel declared that he was making submissions before the court and not for the media.

The crux of the matter was whether Maulana, a fugitive from Sri Lanka law, whose statement, recorded by a team of CID officers, led by its Director SSP Shanie Abeysekera, at the Sri Lankan mission, in Paris, could be accepted without cross-examination.

The Attorney General’s Department and the suspect’s Counsel explained their position with regard to producing Sallay, detained under the Prevention of Terrorism Act (PTA) in court.

The ASG requested that an order, issued by the Colombo Fort Magistrate court to produce Sallay in court, be vacated. Responding to the ASG’s statement that there was no provision to produce a person detained under PTA, in court, the President’s Counsel pointed out that no existing provision denied such an opportunity. The retired officer’s Counsel said that it was the Magistrate’s prerogative.

Alleging that there was an ongoing attempt to derail the Easter Sunday investigation, the ASG opposed an opportunity for Sallay to make a statement in court in terms of the Section 127 of the Code of Criminal Procedure. Fernando emphasised that Salley should be given the opportunity.

Fernando also strongly opposed the ASG’s move, on behalf of the Attorney General, to have an earlier order issued by court, to ensure Sallay received unhindered access to his lawyers, vacated. He questioned how the Attorney General, who heads the Bar, could deny the right of lawyers to have free access to their clients.

Magistrate Amaraseena told the court that a report on Sallay’s health has been received by the court. Fernando has said that he would respond once he received a copy.

During cross talk among lawyers, President’s Counsel Fernando has asked Rienzie Arsularatne, PC, who appeared for the Archbishop of Colombo, Malcolm Cardinal Ranjith, whether the Cardinal had approved and condoned the inhuman conditions in which Sallay was held in a 6X4 rat-infested cell.

ASG Peiris responded jokingly that Fernando might be excommunicated by the Cardinal. Fernando has pointed out that only the Pope could excommunicate and that the Cardinal administered the churches and priests and that, too, only in Colombo.

Based on the statement recorded from Maulana, the CID submitted a 14-page report to the Colombo Magistrate’s court, declaring Sallay as the 2019 Easter Sunday terror mastermind.

Maulana repeated accusations, aired by Channel 4 TV in a documentary “Sri Lanka’s Easter bombings” in its “Dispatches” programme on Tuesday 05, September ,2023.

According to Maulana’s statement recorded in Paris, Seyani Maulavi, an associate of Zahran Hashim, had got in touch with former Eastern Province Chief Minister Pilleyan, in the Batticaloa Prison, where both were held.

Pilleyan had been arrested in connection with the alleged involvement in the assassination of ITAK MP Joseph Pararajasingham on Christmas Eve, in 2005, in Batticaloa, while Maulavi was apprehended over a clash at Aliyar junction, in the east.

Maulavi has reiterated that Sallay met six persons, including Zahran Hashim, at Karadippooval, in Puttalam, in 2018.

The statement claimed that immediately after the Easter suicide blasts, Sallay directed Maulana to pick Jameel, who had been assigned to bomb Taj Samudra, but didn’t do so, and to collect his hand phone. Visits by Mahinda Rajapaksa, Basil Rajapaksa and Namal Rajapaksa to the Batticaloa Prison to meet Pilleyan, too, had been mentioned with Maulana claiming that the visitors gave Pilleyan an assurance he would be released within six months from Gotabaya Rajapaksa’s victory at the 2019 November presidential election.

The CID told court that Gotabaya Rajapaksa, soon after winning the election, appointed Sallay as SIS head to protect the secrets, and the DMI paid Rs 250,000 bail for Maulavi. The CID also alleged direct DMI-Pilleyan link in the abduction of journalist Keith Noyahr, in May 2008, Lasantha Wickrematunga assassination, in January, 2009, attack on Rivira Editor Upali Tennakoon, in January, 2000, and in the disappearance of Prageeth Ekneligoda, on the eve of the 2010 January presidential election.

Another major allegation was that approximately 2,000 men, under Pilleyan’s command, were paid a monthly salary.

The Magistrate, at the end of the proceedings, declared that a decision regarding Sallay being brought to court and an opportunity for him to make a statement would be announced on July 1.

By Shamindra Ferdinando

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