News
Manohara, others warn of inherent dangers of 13-A
‘That legislation in its entirety is illegal and contrary to the unitary status –Gen Dias
By Shamindra Ferdinando
The full implementation of the 13th Amendment to the Constitution portends massive risks and, therefore, those political parties and alliance seeking to woo Tamil speaking voters should be wary of the threat to the country’s unitary status, top constitutional lawyer Manohara de Silva said yesterday.
The President’s Counsel was commenting on Samagi Jana Balawegaya (SJB) and Opposition Leader Sajith Premadasa’s recent declaration in Kilinochchi that the 13th Amendment would be implemented.
President Ranil Wickremesinghe and Jathika Jana Balawegaya (JJB), too, have declared their intention to fully implement the 13th Amendment in line with their overall bid to reach consensus with the Tamil National Alliance (TNA).
Pointing out that discussions on the 13th Amendment often centred on the need to grant land and police powers to the provinces, de Silva said that ancient and historical monuments and records, agriculture, irrigation, education, roads, as well as housing, come within the Provincial Council list.
The ruling Sri Lanka Podujana Peramuna (SLPP) is yet to state its position, officially, though about a year ago that party questioned the rationale in the incumbent President declaring his intention to fully implement the 13th Amendment against the backdrop of all previous Presidents having declined to do so.
Political parties shouldn’t, under any circumstance, forget that the concurrent list that included land acquisition, registration of births, renaming of villages, festivals (LTTE commemoration possible), archaeological sites, religious institutions are within the legislative and executive competence of Provincial Councils, the PC said.
When The Island pointed out that the Parliament could intervene to thwart threatening moves on the part of Provincial Councils, the Executive Committee member of the National Joint Committee emphasized that those who reached electoral agreements with the TNA wouldn’t be able to resist the coalition partner.
“Do you really think that the SJB leader, or any other presidential poll candidate, will be allowed, by coalition partners, to override the Provincial Council legislation on the concurrent list,” de Silva asked.
The outspoken lawyer pointed out that former Speaker and Deputy Leader of the UNP Karu Jayasuriya, in his current capacity as the Chairman of the National Movement of Social Justice (NMSJ) and the UK-headquartered Global Tamil Forum (GTF) have declared their support for the SJB’s position.
De Silva said that close on the heels of parliamentarian M.A. Sumanthiran, on behalf of the TNA, publicly regretting its decision to boycott the 2005 Presidential Polls, as directed by the LTTE – a contentious move that deprived Ranil Wickremesinghe of certain victory – Premadasa and JVP Leader Anura Kumara Dissanayake met the TNA leadership on Monday (10) and Tuesday (11), respectively.
The TNA parliamentary group consists of 10 MPs. In parliament, the TNA group is recognized as Illankai Thamil Arasu Kadchchi (ITAK).
De Silva said it would be interesting to see whether President Wickremesinghe, SJB leader Premadasa and JJB leader Dissanayake seek the support of other political parties representing the Northern and Eastern Provinces.
The other Tamil parties are the EPDP (two MPs), AITC (two), TMVP, TMTK (one). Of them, the EPDP and TMVP represent the Wickremesinghe-Rajapaksa government.
Retired General Jagath Dias who had been quite critical, recently, of the moves to fully implement the contentious piece of legislation, told The Island that though the right of political parties to engage in negotiations should be respected they couldn’t, under any circumstances, pursue an agenda inimical to national interests.
“There is absolutely no ambiguity. The 13th Amendment, forced on us by India under the Indo-Lanka Accord signed on July 29, 1987, in its entirety is illegal and contrary to our unitary status. That is the truth,” the war veteran said.
Having served the Army for over 35 years, Dias retired in Dec 2015 as the Chief of Staff. During Eelam War IV (August 2006-May 2009), Dias commanded the 57 Division that was tasked to liberate Kilinochchi.
Recalling the circumstances the 13th Amendment had been enacted, just months after India thwarted ‘Operation Liberation’ intended to clear the Jaffna peninsula of the LTTE, the former combat officer said that the piece of legislation should be constitutionally done away with.
Giving into unjust political demands made by the TNA/ITAK and trying to appease its Indian masters should be considered as a treacherous act, the Gajaba Regiment veteran said. Dias regretted that even 15 years after the eradication of separatist terrorism, the Parliament hadn’t taken into consideration post-war ground realities when addressing, what he called, the North East issues.
Both Manohara de Silva and Jagath Dias emphasized that the Eastern Province couldn’t be merged with the Northern Province just to appease those who still harboured separatist sentiments.
The Supreme Court in Oct 2006 declared that the merger of the two provinces, in line with the Indo-Lanka Accord, was defective and invalid.
The President’s Counsel said that the country’s unitary status, that had been preserved at a tremendous, cost couldn’t be abolished. Referring to recent reports of some group distributing leaflets in the North demanding that the Tamil electorate boycott the Presidential Poll, scheduled to be conducted later this year, until the unitary status is done away with, de Silva said those who genuinely value the eradication of the LTTE conventional fighting capacity should take a collective stand as regards the 13th Amendment.
… America-Pakistan developed required ‘intel’ for operation
By Shamindra Ferdinando
The US Embassy in Colombo declined to comment on a special police probe into the recent narcotics detection, jointly made at the China-managed Colombo International Container Terminal (CICT) by the US Drug Enforcement Administration’s (DEA) New Delhi Country Office and Sri Lanka Police..
US Embassy spokesperson said that the mission wouldn’t add to their press release, issued on 2 Sept., in the immediate aftermath of the raid.
Police Headquarters, on 11 Sept., declared that the Central Crime Investigation Bureau (CCIB) was conducting investigations into the recovery of 473 kg of Crystal Methamphetamine (‘Ice’). Police never acknowledged the role played by the US in the operation.
According to Police Headquarters, on a directive given by IGP Priyantha Weerasooriya, the Special Investigation Unit has launched an internal probe into, what it called, shortcomings and irregularities in the Colombo Port raid.
The Island:
Have you (relevant US authorities) received an update of Sri Lanka’s investigations from the Police?
US Embassy:
U.S. and Sri Lankan law enforcement authorities maintain close and ongoing cooperation on counternarcotics matters, including the exchange of information that helps both countries combat transnational drug trafficking. We don’t have anything further to share on communications with Sri Lankan authorities beyond what we’ve already said publicly about the successful operation.
The Island:
Did the Police seek clarification regarding DEA, New Delhi Country Office role in the successful raid?
US Embassy:
As the Embassy noted publicly following the seizure, cooperation with the U.S. Drug Enforcement Administration contributed to the Sri Lanka Police Narcotics Bureau’s successful seizure of approximately 463 kilograms of methamphetamine at the Port of Colombo.
The seizure demonstrates the value of close U.S.-Sri Lankan cooperation in disrupting transnational narcotics trafficking.
The Island:
Before we raised this issue were you aware of the internal investigation into the drug bust which was also raised in Parliament last week?
The US Embassy:
We don’t have anything further to share beyond what we’ve already said publicly about the successful operation.
Our focus remains on the strong U.S.-Sri Lanka law enforcement partnership and the concrete results our cooperation can deliver—disrupting transnational criminal organisations, cutting off the profits that fuel illicit drug trafficking, and protecting our citizens from the dangers of narcotrafficking.
The US Embassy attributed the success of the counternarcotics operation to the US-Sri Lanka partnership
The US Embassy statement, dated 2 Sept: The U.S. Drug Enforcement Administration’s (DEA) New Delhi Country Office and Sri Lanka’s Police Narcotics Bureau (PNB) conducted a successful joint operation disrupting a Pakistan-based narcotrafficking network attempting to smuggle crystal methamphetamine through Sri Lanka to international markets.
Acting on intelligence developed by DEA’s Foreign Counterparts Unit Pakistan Anti-Narcotics Force Special Investigations Cell between August 14–29 on suspicious maritime containers moving from Pakistan to Colombo, PNB seized approximately 463 kg of crystal methamphetamine with a street value of $21 million, concealed in bath towels, and arrested several suspects, including Pakistani nationals. This operation underscores the strength of the U.S.-Sri Lanka partnership in dismantling transnational criminal organisations that fund terrorism and threaten communities in both our countries. This cooperation builds on long-standing training and technical assistance provided through the U.S. Department of State’s Bureau of International Narcotics and Law Enforcement Affairs (INL) to the Sri Lanka Police and Customs. The United States remains committed to working with Sri Lanka and regional partners to aggressively pursue transnational criminal organizations, deny them the revenue from illicit drug trafficking, and protect our citizens from the dangers of narcotrafficking.”
SLPP National Organiser Namal Rajapaksa, in Parliament, raised questions about the internal investigation into the raid. However, Rajapaksa, too, hasn’t mentioned the US role in the operation. The Special Investigation Unit has recorded a statement from Senior DIG Ranmal Kodituwakku regarding the Colombo Port raid.
MP Rajapaksa questioned the rationale behind questioning the officer who led the raid against the backdrop of controversial releasing of 323 containers from the Colombo Port in January 2025. The failure to question those responsible for the releasing of 323 containers indicated who was behind that operation, MP Rajapaksa told Parliament.
Bodu Bala Sena (BBS) General Secretary Ven. Galagodaaththe Gnanasara Thera appeared before the Colombo High Court yesterday in a case filed by the Attorney General over statements allegedly insulting Islam.
The case was taken up before Colombo High Court Judge Buddhika C. Ragala, who ordered that it be called again on September 30.
His appearance came six days after the Supreme Court invalidated the presidential pardon granted to Gnanasara Thera by former President Maithripala Sirisena in 2019.
Speaking to journalists outside the court, Gnanasara Thera said he was prepared to face the legal process and would abide by the law, rejecting reports that he had gone into hiding following the Supreme Court judgment.
“It is the weak who disappear and flee. We worked for the country and are facing the consequences for that. We are not afraid and will not flee,” he said, noting that he would surrender to the court and face whatever legal consequences following the Supreme Court decision.
The Supreme Court, on September 10, ruled that the presidential pardon granted to Gnanasara Thera by Sirisena was invalid. The judgment followed fundamental rights petitions challenging the legality of the pardon. A three-judge bench, comprising Justices Janak de Silva, Sobhitha Rajakaruna and Sampath Abeykoon, delivered the ruling.
Gnanasara Thera was convicted by the Court of Appeal in 2018 for contempt of court and sentenced to a total of 19 years’ imprisonment to run concurrently as six years. The conviction related to his conduct during proceedings at the Homagama Magistrate’s Court concerning the disappearance of Prageeth Eknaligoda.
He was released from Welikada Prison on May 23, 2019, after then President Maithripala Sirisena had granted him a presidential pardon.
The Supreme Court found the pardon to be arbitrary and invalid in law, following its consideration of the petitions challenging the exercise of the presidential power of clemency.
Meanwhile, police have said they are awaiting the Supreme Court judgment before determining what further action should be taken following the invalidation of the pardon.
The proceedings before the Colombo High Court yesterday are separate from the contempt of court case that resulted in the six-year sentence. They concern alleged statements made by Gnanasara Thera regarding Islam.
In June this year, the Colombo High Court rejected an appeal by Gnanasara Thera against a nine-month prison sentence imposed by the Colombo Magistrate’s Court in connection with statements made at a 2016 media briefing that were found to have disrupted religious coexistence.
The latest High Court proceedings, therefore, form part of separate legal action concerning his alleged remarks about Islam, while the Supreme Court ruling relates specifically to the legality of the 2019 presidential pardon granted in connection with his contempt of court conviction.
The case before the Colombo High Court will be called again on September 30.
Colombo Fort Magistrate Pasan Amarasena yesterday (16) ordered SLPP National Organiser Namal Rajapaksa, MP, to be further remanded, until September 23. The Magistrate issued the order when Rajapaksa was produced before the court as a suspect in an investigation into an alleged USD 2 million bribe case connected to the acquisition of aircraft for SriLankan Airlines.
The Magistrate issued the order following the submissions made by Deputy Solicitor General Janaka Bandara, appearing on behalf of the Criminal Investigation Department (CID).
President’s Counsel Anil Silva, along with other attorneys representing Rajapaksa, also made submissions before the court.
The Magistrate also announced that a decision on Rajapaksa’s bail application would be announced on 23 September.
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