Midweek Review
National elections: Ex-military factor
By Shamindra Ferdinando
With the presidential election scheduled for later this year, political parties represented in Parliament have stepped up efforts to forge alliances.
In terms of the Constitution, presidential elections will have to be conducted between Sept 18 and Oct 18, 2024. The last presidential election was held in Nov 2019.
Even though the presidential election is scheduled for this year, the possibility of President Ranil Wickremesinghe, who is also the UNP leader, advancing the parliamentary poll, cannot be ruled out. The last parliamentary poll was held in Aug 2020. Both presidential and parliamentary terms are for five years each.
Whatever the national election that will be held first, under Wickemesinghe’s watch, one of the key factors is the role the armed forces and their families might play in exercising their universal franchise in the current charged up atmosphere of some retired military types calling for a “pivotal change” in the country, from JVP/JJB stages, for the first time. But it was not so long ago the same JVP, in battling the newly elected President Premadasa, made the fatal mistake of giving an ultimatum, in early 1989, to the fighting men, to choose between them and what the latter stood for and we all know what the outcome was with unprecedented brutal violence resorted to by both sides. The then entire JVP leadership was wiped out by the end of that year, barring its politburo member Somawansa Amerasinghe, who managed to flee to India in the nick of time. He later returned to lead the revived party during President Chandrika Kumaratunga’s tenure. Until its young Turks ousted him and he then went the way of all living beings, as age caught up with him, having been a member of the old guard.
The old knight in shining armour, the late Ranjan Wijeratne, who spared no effort to wipe out the JVP second uprising, himself was blown to bits, allegedly by a Tiger suicide bomber, in early 1991, as he was being driven to work through a busy Colombo thoroughfare near Police Park, but the way his body disintegrated in the blast we wonder whether the bomb that killed him was inside the vehicle he was travelling in.
The main Opposition party, the Samagi Jana Balawegaya (SJB), seems to have been deeply troubled by the Janatha Vimukthi Peramuna (JVP)-led Jathika Jana Balawegaya (JJB) enticing retired military personnel of all ranks.
Unexpected development
In fact, the JVP had never received such support from the ex-military since it re-entered the political mainstream during Chandrika Bandaranaike Kumaratunga’s tenure as the President. The growing relationship between the JVP/JJB and the ex-military appeared to have somewhat unsettled not only the SJB but the ruling Sri Lanka Podujana Peramuna (SLPP) as well.
One of the post-war Army Chiefs, General Daya Ratnayake (2013-2015) switching allegiance to the SJB and Opposition Leader Sajith Premadasa recently caused significant controversy. Ratnayake, once falsely accused of helping Mahinda Rajapaksa to regain power, following his defeat at 2015 the presidential poll, served the Rajapaksa administrations faithfully.
Why did Daya Ratnayake leave the Rajapakas? Perhaps, his unceremonious removal as Chairman, Sri Lanka Ports Authority (SLPA), in late June 2021, influenced the recent move. Ratnayake responded quite bitterly when the writer sought his response regarding the unexpected development at the SLPA (SLPP imbroglio: Daya quite surprised by sudden removal, The Island, June 26, 2021).
But, Gen. Ratnayake, who held the top command post in the Eastern theatre, during a vital period in the Eelam War IV, made his move as he felt the SJB leader held the upper hand at the forthcoming presidential contest or parliamentary polls.
Gen. Ratnayake hasn’t been hesitant to declare his intention to contest the next parliamentary poll on the SJB ticket. When Dilan Mayadunne, of Hiru Hard Talk, raised the issue, the outspoken officer, without batting an eyelid, declared his intent to seek a parliamentary political career.
Former Navy Commander Admiral Daya Sandagiri (2001-2005), who also served as Chief of Defence Staff (CDS), and retired Army Chief of Staff Maj. Gen. Sathyapriya Liyanage followed Gen. Ratnayake to the SJB. What the retired officers could offer to the SJB should be examined taking into consideration that some ex-military personnel had already extended open support to the JVP/JJB over the past one year, though not so much from the retired military top brass that the SJB has managed to attract in recent days. It would be pertinent to mention that Admiral Sandagiri, too, received appointments, courtesy of previous administrations. Sandagiri had been the Chairman of Lanka Phosphate, during Mahinda Rajapaksa’s second term, whereas President Maithripala appointed him Vice Chancellor of the Kotelawela Defence University (KDU).
Quite a number of senior officers, both serving and retired at different levels, are flabbergasted over some ex-military men throwing their weight behind the JVP that mounted two abortive insurgencies in April 1971 and 1987-1990. Retired Air Vice Marshal Sampath Thuyacontha’s declaration of support to the JVP/JJB sent shock waves through the Wickremesinghe-Rajapaksa government last year.
The government, in a bid to discourage other ex-military personnel blacklisted Thuyacontha, wartime Commanding Officer of the Mi-24 helicopter gunship squadron. A furious Thuyacontha moved the Supreme Court. At the end Thuyacontha and the JVP/JJB scored a massive victory when the SC instructed Attorney General Sanjay Rajaratnam, PC, and the respondent parties, to forthwith grant the retirement privileges the retired officer had been deprived of. The SC Bench consisted of Justices Yasantha Kodagoda and Arjuna Obeysekera.
Fonseka’s angry reaction
to Gen. Ratnayake
A simmering disagreement between SJB leader Premadasa and party Chairman Field Marshal Sarath Fonseka, MP, exploded over Gen. Daya Ratnayake’s move.
Gampaha district MP Fonseka cannot be faulted for angrily reacting to the political deal between Gen. Ratnayake and the SJB. The issue at hand is Fonseka, who failed at the 2010 presidential poll at the height of his popularity, wants to contest the next presidential contest.
The war-winning Army Chief is confident that he stands a much better chance than the SJB leader against incumbent President Wickremesinghe. War-winning President Mahinda Rajapaksa, however, defeated Fonseka by over 1.8 mn votes, whereas Premadasa lost badly to Gotabaya Rajapaksa at the last presidential poll, in 2019.
But, Premadasa has declared his candidature and is pursuing an agenda of his own. Fonseka is of the view that Ratnayake shouldn’t have been accepted under any circumstances as he was one of key acolytes of the Rajapaksas. Fearing the party would sack him, Fonseka recently successfully moved the District Court of Colombo against him being expelled, consequent to his criticism of Gen. Ratnayake’s acceptance into the SJB.
Fonseka has declared that if the SJB is comfortable with Gen. Ratnayake, it can reach consensus with ousted President Gotabaya Rajapaksa and former Central Bank Governor Ajith Nivard Cabraal. Whatever the outcome of the Field Marshal seeking legal redress, the Sinha Regiment veteran has no future with the SJB. The Field Marshal has obviously burnt his bridges. Therefore, he cannot continue with the SJB, under any circumstances. On the other hand, the SJB expects to attract more retired officers and men not only from the military but the police as well. The top SJB leadership is confident that the party can move ahead without Fonseka, who is unlikely to receive any support from the SJB MPs.
The Field Marshal, once renowned for battlefield strategies, seemed to be struggling to cope with the growing isolation experienced within the SJB. What lawmaker Fonseka hoped to secure by meeting President Ranil Wickremesinghe after the UNP leader delivered the opening statement at the reconvened Parliament, in Feb this year, is not clear. But, such dealings with the President wouldn’t help Fonseka’s cause as obviously the UNP leader cannot address the former Army chief’s grievances. Fonseka’s decision to ignore the SJB leader’s directive to his parliamentary group to boycott Wickremesinghe’s speech didn’t do any good to the war veteran. Although Dr. Rajitha Senaratne had been among those SJB MPs who remained in the Chamber when the President delivered his speech, the former Health Minister seems not involved with Fonseka’s strategy at all. Fonseka seems all alone, with absolutely no support coming from the SJB parliamentary group, divided over many issues.
Unless of course Wickremesinghe chickens out once again realising his lack of mass appeal and lack of big economic progress that everyone had hoped for with the help of his supposed powerful backers in the West, when he assumed presidency in the most unusual circumstances, in 2022, with the country in utter chaos, and decides to put forth Fonseka or someone else as the UNP Presidential hopeful as happened twice previously (Fonseka in 2010 and Sirisena in 2015).
As nominations for presidential polls approaches, the SJB expected more ex-military officers and men to pledge their allegiance to the party. But, the JVP/JJB appeared to be successful in their high profile campaign to attract the support among a wider section of the retired military community.
During the high profile public protest campaign (March 29, 2022-July 14, 2022) that ousted Gotabaya Rajapaksa, Field Marshal Fonseka was the only lawmaker allowed to address the crowds. In fact, Fonseka addressed protesters just a few hours before they seized Janadhipathi Mandiraya on July 09, 2022. In late July, Fonseka declared in Parliament that the Aragalaya would be brought to a successful conclusion on the 9th of August 2022. Urging the people to gather in Colombo on that day, the Field Marshal asked the police and military not to obstruct the public. Unfortunately for Fonseka, his move didn’t receive the expected public support at all. By then, Wickremesinghe, having chased out those who had been occupying the Presidential Secretariat, was rapidly consolidating his position. The President quite amazingly won the admiration of the armed forces and police and his readiness to publicly dismiss US Ambassador Julie Chung’s intervention didn’t do any harm.
SLPP’s dilemma
The SLPP is in a deepening dilemma over rapid loss of support from the military and ex-military. Gen. Ratnayake’s switching allegiance to the SJB reflected the crisis developing within the party.
Former Navy Chief of Staff and retired Rear Admiral Sarath Weerasekera is the most prominent military man among the SLPP parliamentary group. But, the Navy veteran is in a tight spot having had to stand by President Wickremesinghe in Parliament as the party ponders over its next move. Can Weerasekera back Wickremesinghe at the next presidential poll knowing very well that it was the Sirisena-Wickremesinghe Yahapalana administration that betrayed the war winning military at the Geneva-based United Nations Human Rights Council (UNHRC)?
The SLPP is in such a desperate situation, the once formidable party is unlikely to attract any new retired military personnel. The ruling party is aware that the ex-military is largely divided between the JVP/JJB and the SJB with the former being the major beneficiary.
There is no doubt that the SLPP is also worried about President Wickremesinghe’s strategy vis-à-vis retired military men. People have forgotten that one of the major accusations directed at the then President Gotabaya Rajapaksa had been that he favoured the ex-military. The retired Lieutenant Colonel and former Commanding Officer of the celebrated first battalion of the Gajaba Regiment was flayed for accommodating ex-military in top government jobs.
Many believed the UNP leader would change Gotabaya Rajapaksa’s system. The President proved that he didn’t intend to do so. Three retired service chiefs Admiral Ravi Wijegunaratne, Air Marshal Sudarshana Pathirana and Admiral Nishantha Ulugetenne received appointment as Sri Lanka’s High Commissioner in Islamabad, Kathmandu and Havana, respectively.
Air Marshal Pathirana, who had been a successful jet pilot and the Commander of the Air Force, and Admiral Ulugetenne, the Commander of the Navy at the time Gotabaya Rajapaksa faced the public protest campaign, whereas Admiral Wijegunaratne served as Chairman of the CPC during Wickremesinghe’s tenure. In addition, he functioned as the Chairman of Trinco Petroleum Terminal (Pvt) Ltd. (TPTL), Lanka Indian Oil Company’s (LIOC) joint venture with the Ceylon Petroleum Corporation (CPC) for the development of 61 tanks in the Trincomalee Oil Tank Farm in China Bay.
Defence Secretary Gen. Kamal Gunaratne and Chief of Defence Staff Gen. Shavendra Silva remain in their posts. One of the few Gotabaya Rajapaksa appointees who had to leave the position (Chairman, Airport and Aviation) was Maj. Gen. G.A. Chandrasiri, one-time Governor of the Northern Province and a key Viyathgama activist.
Impact of Geneva allegations
on national polls
The war crimes issue is very much unlikely to receive attention of the electorate at the next national level elections. Having failed to counter Geneva allegations during Gotabaya Rajapaksa’s presidency (Nov 2019-July 2022), the party shouldn’t waste time trying to deceive the electorate that it would save the military from unsubstantiated war crimes accusations.
Instead of systematically addressing issues, possibly let down by the relevant government machinery as happened during much of the war, the Rajapaksa administration ended up pulling wool over the eyes of the public by declaring it withdrew from the Geneva process. The declaration was made by the then Foreign Minister Dinesh Gunawardena, in early 2020, and, since then, Geneva has tightened its grip on Sri Lanka.
Contrary to various bombastic declarations made by the SLPP, war crimes allegations hadn’t been addressed at all. Instead, President Wickremesinghe has taken advantage of his return to power by taking tangible measures to establish an independent commission for truth, unity and reconciliation. Preparatory work is underway in this regard. The proposed parliamentary Act will be primarily based on the findings/recommendations of the Consultation Task Force on Reconciliation Mechanisms, established during the Yahapalana administration (2015-2019).
However, the issue is very much unlikely to attract public attention or be a major topic in political platforms for obvious reasons.
The ex-military can pressure political parties to address Geneva allegations as the country faced the threat of continuing external interventions until the government of the day set the record straight. Unfortunately, none of the senior retired military personnel are likely to speak on behalf of the war-winning military.
Nationalistic factor
Of the retired military personnel, General Jagath Dias is perhaps the senior most officer who had thrown his weight behind the nationalistic cause. The Gajaba Regiment veteran has declared his opposition to the Provincial Councils system, based on the 13th Amendment to the Constitution, and, in fact, questioned the draft Constitution put out by a nine-member committee, headed by Romesh de Silva, PC.
Gen. Dias, the Commanding Officer of the 57 Division that had been tasked to regain Kilinochchi during the Eelam War IV, had been also critical of Gotabaya Rajapaksa’s performance as the President.
It would be interesting to see whether the nationalistic group can attract the ex-military in significant numbers. Such a scenario is implausible in the absence of pre-polls consensus between nationalistic groups and any political party.
Against the backdrop of President Gotabaya Rajapaksa’s predicament, the SLPP is not in a position to exploit the armed forces’ triumph over separatist Tamil terrorism, 15 years ago.
Gen. Dias captured media attention last year not only for taking a public stand against the 13th Amendment that had been forced on Sri Lanka by New Delhi but moving court against President Wickremesinghe’s much disputed decision to release state land, around the historical Kurundi temple, in the former LTTE bastion, the Mullaitivu District.
The former Army Chief of Staff Dias and two other retired officers, Brigadier Athula Hemachandra de Silva and Lt. Col. Anil Sumeda Amarasekera petitioned the Court of Appeal in this regard. The petitioners sought to prevent the government from removing the boundary stones already planted by the Presidential Task Force for Archaeological Heritage Management in the Eastern Province.
The ex-military, under any circumstances, cannot forget how the SJB MPs behaved when they represented the UNP during Eelam War IV. The UNP ridiculed the war effort. UNPers repeatedly questioned the capability and capacity of the armed forces to eradicate the LTTE. The main Opposition party at that time believed in the LTTE prowess. The moment the UNP regained power, following the 2015 presidential poll, it betrayed the country’s armed forces at the UNHRC in the most shameful manner. The UNP’s partner in crime, the SLFP, allowed the UNP to go ahead with its despicable project. That is the ugly truth the ex-military shouldn’t forget.
Actually, none of the post-war governments made a genuine effort to counter war crimes propaganda thereby facilitating external interventions. All administrations, including the war-winning government cannot absolve itself of the responsibility for failing to set the record straight.
Midweek Review
Govt. failure to fill top two courts’ vacancies leaves Judiciary in a conundrum
The ruling NPP is in a deepening dilemma over a hotly disputed move to extend the retirement age of superior courts judges. The party is also under heavy fire for delaying fresh appointments to the superior courts consisting of the Court of Appeal and Supreme Court.
A section of the Opposition wants Speaker Dr. Jagath Wickremaratne to take up the inordinate delay in filling vacancies in the superior courts. The Bar Association of Sri Lanka, Colombo High Court lawyers, Lawyers Collective, as well as the Commonwealth Lawyers’ Union have criticised the government’s move.
By Shamindra Ferdinando
Sri Lanka Muslim Congress (SLMC) leader Rauff Hakeem, MP, recently expressed concern over the alleged way Balachandran Prabhakaran, 12-year-old son of LTTE leader Velupillai Prabhakaran was killed, in cold blood, on 19 May, 2009.
A section of the Tamil media highlighted Kandy District lawmaker Hakeem’s comments regarding the alleged way Balachandran, the youngest of the three children of Tiger Supremo, met his end. Prabhakaran himself was also killed on the same day.
What prompted MP Hakeem to raise a contentious but now largely forgotten issue! Both the Sinhala and English print and electronic media failed to report the SLMC leader’s comments. Some questioned the purpose in lawmaker Hakeem raising Balachandran’s death. Some even suggested a Tamil Diaspora hand in Hakeem’s unexpected interest in Balachandran’s death.
The Island obtained the video, released by the Parliament, of the SLMC leader’s 10-minute speech, delivered on 10 June. Reference to Balachandran’s killing had been made towards the tail end of his fiery speech that primarily dealt with President Anura Kumara Dissanayake’s continuing failure to fill existing vacancies in the Court of Appeal and the Supreme Court.
The deliberate and utterly contemptible holding up of judicial promotions, for whatever reasons, cannot be discussed without examining a disputed bid to introduce an amendment to the Constitution to increase the retirement age of the Judges of the Court of Appeal and the Supreme Court.
President Anura Kumara Dissanayake, the leader of two registered political parties, namely the Janatha Vimukthi Peramuna (JVP) and the National People’s Power (NPP), seems to be on a collision course with the Opposition. With a commanding 159 MPs in Parliament, meaning a 2/3 majority, Dissanayake can easily introduce the required amendment, regardless of protests. But, the electorate won’t like that dictatorial attitude. Those who exercised their franchise for Dissanayake and the NPP at the September 2024 and November 2024 national polls, respectively, wouldn’t expect them to adopt, what can be safely described as, a dogmatic approach.
Attorney-at-law and one-time Justice Minister Rauff Hakeem castigated the President and the ruling party, ahead of the joint Opposition action, to pressure the President to fill the vacancies. Their appeal to Speaker Dr. Jagath Wickremaratne in this regard can be also interpreted as a collective opposition to the proposed amendment to increase the retirement age of judges.
The SLMC group in Parliament consists of five MPs. Of them, three had been elected under the SLMC symbol (two elected and one on the National List) and two through the Samagi Jana Balawegaya (SJB), one of them on the latter’s National List.
Lawmaker Hakeem, who had served the Parliament for over 30 years, at the onset of his speech, questioned the sudden decision to bring in regulation to compel exporters to convert their export proceeds into USD. The SLMCer declared that such panic action was taken by the government in view of the rapid deterioration of the Rupee against the USD.
Commenting on the extension of the Emergency continuously, MP Hakeem alleged that it was done for the NPP’s own parochial purposes and the Opposition expected the government to discontinue the practice.
Then he dealt with the alleged move to extend the retirement age of top judges. Referring to Chief Government Whip Dr. Nalinda Jayatissa’s shameless declaration that the issue hadn’t been even discussed among the government. The ex-justice Minister, however, disputed Jayatissa’s claim made at the post-Cabinet media briefing, while highlighting the statements issued by the Bar Association, Colombo High Court Lawyers’ Association. In addition, the Lawyers’ Collective and the Commonwealth Lawyers’ Association strongly opposed the alleged move. In spite of the Cabinet spokesman’s denial, Justice Minister and Attorney-at-Law Harshana Nanayakkara, in his comments on the issue, indicated that the matter was under discussion. In fact, Nanayakkara mentioned a comparatively higher retirement age of top judges in other countries to support the NPP’s controversial and unnecessary move.
Obviously, the NPP is not talking in one voice.
Rauff takes a strong stand
Emphasising that he addressed the issue at hand as a member of the BASL, Hakeem pointed out that there were four vacancies, each in the Court of Appeal and the Supreme Court, for the past six months. The SLMC leader said: “The President has failed in his constitutional duty to nominate judges for promotion. From the High Court to the Court of Appeal and from the Court of Appeal to the Supreme Court. By denying the rights of the judges, undue pressure is being brought on them. What will happen? This very President, when he was in the Opposition, when the previous Presidents failed to gazette the names decided on by the Constitutional Council, he made a big protest. Several times he spoke about this very vociferously in the House. But, since becoming the President, he has not nominated any names. Very clearly, the 21 Amendment provision was made to prevent Presidents from delaying the decisions taken by the Constitutional Council. He is doing the reverse by not nominating anyone to the top two courts. This is much worse. As a consequence, even our fundamental rights are impacted. Because we as litigants or lawyers or public, our right for the expeditious disposal of cases is being impacted by the delay in appointing judges to the Superior Courts.
Moreover, you are frustrating the judges who served years in the judiciary. What happens to the minor judiciary and others? There are heavy concerns among the judiciary about extending the retirement age. That’ll block their path. That’ll deprive many suitably qualified individuals the right to get onto the bench or the superior bench. High court judges will now await their chances of being promoted. Undue pressure will be brought upon them.”
Hakeem alleged that the Constitution was being deliberately violated by the President. Having directed serious allegations at the President, Hakeem emphasised the responsibility on the part of the Speaker to take up this matter with the President on their behalf. Hakeem questioned as to why the President unduly delayed the promotions. The President’s deliberate failure has caused unnecessary frustration among the judicial ranks in the country and deprived those who served the judiciary of their due rights.”
Hakeem explained how even senior officers of the Attorney General’s Department had been affected by the President’s inaction. Those officials have been deprived of the opportunity to move onto one of the superior courts, Hakeem alleged, accusing the President of, what he called, deliberate inaction and a constitutional violation.
Then Hakeem made a very serious allegation. The ex-Justice Minister alleged that the NPP was delaying the process until a favoured person is eligible to get onto the bench, “You are picking and choosing people by that thereby undermining the judiciary.”
MP Hakeem also dealt with the vexed issue of the Prevention of Terrorism Act (PTA) that had been opposed by many political parties, civil society as well as organisations such as Amnesty International. The Sttorney-at-Law took up the issue in the wake of the controversial arrest of Maj. Gen. (retd.) Suresh Sallay, Director of the Directorate of Military Intelligence (DMI/2012-2016) and Director, State Intelligence Service/2019-2024) in terms of the PTA.
MP Hakeem chided the NPP for proposing to bring in a new anti-terrorism law, under a different title, to replace the existing PTA. Declaring that the new Act would be definitely far worse than the current law, the lawyer faulted the police and the Attorney General’s Department for abusing the PTA. The former Minister said so while alleging the continuous deterioration of the standards of the police and the Attorney General’s department, due to their dependence on the draconian PTA.
Killing of Balachandran
Referring to Tamil media reports regarding the new UK Channel 4 video that dealt with the killing of Prabhakaran’s 12-year-old son, lawmaker Hakeem discussed how the military dealt with the families of the LTTE leader and that of the JVP leader Rohana Wijeweera, killed on the night of 13 November, 1989.
Pointing out that Wijeweera who had been apprehended, along with his family, by the military, was killed, Hakeem stressed that the family members weren’t harmed. They lived under the protection of successive governments but in Prabhakaran’s case the situation was entirely differently.
Hakeem scorned the JVP/NPP government for conveniently forgetting its leaders, though an annual ceremony was held in Colombo in memory of those who perished during the insurgency. Hakeem said that even the daughter of Zahran Hashim, who led the 2019 Easter Sunday attacks, was spared. But, if Prabharatan’s daughter, Duwaraka, had been killed, as alleged, that should be investigated, Hakeem said. Hakeem ended his speech addressing the Parliament in Tamil.
Prabhakaran’s wife Mathivathani, too, had been killed during the final phase of the ground offensive. Prabhakaran’s eldest son, Charles Anthony, was killed in the Karayamullavaikkal area of the Mullaitivu district, the day before Prabhakaran, wife Mathivathani, daughter Duwaraka and younger son Balachandran were killed.
Acknowledging the SLMC leader’s right to rake up the controversy over the alleged manner the deaths of the LTTE leader and his family, while in government custody, took place. It would be pertinent to mention that Hakeem, in his capacity as the Justice Minister, from November, 2010, to December, 2014, could have pushed the Mahinda Rajapaksa government to inquire into the incident.
In fact, the writer once sought a meeting with the then Minister Hakeem to discuss accountability issues and the failure on the part of the government to address them. Although the Minister gave a patience hearing and acknowledged the urgent need to take remedial measures, the war-winning Rajapaksa government, instead of taking tangible measures, played politics. By late 2014, the SLMC switched its allegiance to the UNP-led coalition, formed with the US blessings to back the candidature of another political turncoat, Maithripala Sirisena, at the 2015 presidential election.
Hakeem received the Urban Development, Water Supply and Drainage portfolio in the succeeding Yahapalana government. The Tamil National Alliance (TNA), that had been an integral part of that alliance, served the Yahapalana interests well, though it refrained from accepting any Cabinet portfolio. The JVP, too, refrained from joining the Cabinet but their role in the Yahapalana operation is in the public domain.
The Yahapalana government betrayed the armed forces at the Geneva-based United Nations Human Rights Council (UNHRC), in October, 2015, but the extent of their treachery was highlighted two years later when that administration unceremoniously dismissed Lord Naseby’s revelations pertaining to the final phase of the war.
What made the SLMC leader Hakeem to compare three incidents – the killing of Wijeweera, and government protection for his family, in November, 1989; killing of Prabhakaran and his family on the banks of the Nanthikadal lagoon, in May, 2009; and the rescue of Zahran Hashim’s daughter, following the Sainthamaruthu blasts in April, 2019. Whatever the SLMC leader’s motive in highlighting the LTTE’s case now, the need for collective response on the part of the Parliament to address the concerns of the loved ones of those who engaged in terrorism cannot be overemphasised.
The circumstances of Prabhakaran, his wife and their daughter and youngest son remained mired in controversy. Like over 11,000 LTTE cadres, both men and women, including suicide cadres who surrendered to the advancing troops on multiple fronts, Prabhakaran and his family could have given themselves up to the Army on the Vanni front. They ignored that opportunity believing in a US operation to evacuate them.
Critically important combined stand
As mentioned by the SLMC leader during his 10 June speech in Parliament, a group of Opposition MPs handed over a letter expressing their concerns over the inordinate delay in filling the vacancies in the superior courts. Pointing out that the President, in his capacity as the Chairman of the Constitutional Council, had failed to fill those vacancies, the Opposition MPs stressed the responsibility on the part of the President to act in accordance with the provisions of the Constitution. They also reminded the Speaker that it would be his responsibility to protect the independence of the judiciary, which is an important part of the sovereignty of the people.
Kandy District MP Anuradha Jayaratne, represented the new Democratic Front (NDF) in the SJB-led effort, while NDF MP Ravi Karunanayake, too, joined, though he is in logger heads with the UNP over taking the National List slot won by the NDF at the last parliamentary election. Former President and UNP leader Ranil Wickremesinghe threw his weight behind the NDF, at the November, 2024, General Electio, but could not achieve the anticipated results. The NDF managed to secure just five seats, two of them National List slots.
All Ceylon Tamil Congress leader Gajendrakumar Ponnambalam, representing the Jaffna electoral district, signed the petition, along with the Sarvajana Balaya leader Dilith Jayaweera. Unfortunately, the SLPP hadn’t been part of that grouping. Responding to The Island queries, SLPP sources assured that though they didn’t sign the petition handed over to Speaker Wickremaratne, they wholeheartedly supported the initiative.
Whatever efforts by political parties/governments in power to interfere with the judiciary should be opposed at every level. The Rajapaksas went to the extent of impeaching Chief Justice Dr. Shirani Bandaranayake and removing her under the most despicable circumstances. Belligerent Rajapaksas reacted, as expected, following the Supreme Court rulings, including one against the then SLFP/UPFA strongman Basil Rajapaksa.
The ruling UPFA directed a series of unsubstantiated allegations against her, including financial impropriety and interfering in legal cases. SJB MP Dayasiri Jayasekera recently made reference to the impeachment of Dr. Bandaranayake when he censured the NPP move to extend the retirement age of judges of the superior courts. MP Jayasekera questioned whether the NPP wanted to retain Chief Justice Preethi Padman Surasena beyond the stipulated retirement age.
Although there had been a spate of interventions, the 2013 impeachment of CJ 43 was undoubtedly the worst case ever and the appointment of former Attorney General Mohan Peiris as her successor made matters worse.
The UPFA hit back hard at Dr. Bandaranayake following unprecedented controversy over The Town and Country Planning (Amendment) Bill and Divi Neguma, gazetted in 2011 and 2012, respectively. The UPFA abandoned the first Bill and then amended the second to avoid a referendum and the required 2/3 approval. By then, the cocky UPFA had decided to impeach Dr. Bandaranayake who stood up to outright political intimidation.
Ranil Wickremesinghe, during his tenure as the President (July, 2022, to September, 2024) reacted angrily to the Supreme Court ruling that he, in his capacity as the Finance Minister and the Election Commission, violated voters’ rights by arbitrarily delaying the Local Government polls in 2023. Wickremesinghe had been also angered by his failure to secure Supreme Court endorsement for his bid to appoint Dehabandu Tennakoon as the IGP in the run-up to the 2024 Presidential Election.
There had been so many other instances when the political party/coalition, in power, felt that the judiciary undermined its agenda. There cannot be better examples of the daunting challenge faced by the UPFA due to the Supreme Court stand during Dr. Bandaranayake’s tenure as the Chief Justice.
But post-Aragalaya period, no one expected President Dissanayake to pursue an agenda that compelled the BASL to issue hard hitting statements. Since May Day 2026, there had been two such statements from the BASL that should have triggered alarm bells. The NPP is obviously on the wrong path, believing that it can proceed with a 2/3 super majority unhindered in Parliament.
The first BASL statement dealt with President Dissanayake’s controversial May Day prediction of a court ruling in a high profile case. The second one responded to a move to extend superior court judges’ retirement age.
The government should rethink its strategy. With the national economy experiencing severe difficulties and the government under pressure to abolish fuel and electricity subsidies at the behest of the IMF, the NPP should concentrate on saving the economy instead of creating fresh issues that it cannot just brush aside just because of its steamroller majority in Parliament.
Midweek Review
The Legacy Lost
Gladdening was the sight at morn,
For the folk of the invisible village,
Of mirthful children trekking to school,
And refuge did they take in the thought,
That at least their young would be spared,
The crushing ordeals of tenant farming,
Since they would come by some erudition,
But our elders are now up against the truth,
That all is not well at the humble school,
Since even the morsel of education,
Painstakingly dished out there,
Comes with scary price tags attached;
Making dropping out the best thing to do.
By Lynn Ockersz
Midweek Review
July 09: An inexcusable overall security failure and exceptional contingency plan
Ulugetenne
The Sri Lanka Navy, on 04 June, commissioned SLNS Samudravijaya, formerly United States Coast Guard Cutter Decisive. It is the fourth mothballed US Coast Guard cutter transferred to the SLN through the US Excess Defence Articles Programme. President Anura Kumara Dissanayake attended the ceremony at the Colombo Port. The US Embassy in Colombo, in a statement issued on the same day, quoted Defence Attaché Lieutenant Colonel Matthew House as having said: “Few partners have demonstrated the commitment to maintaining and operating these vessels as successfully as the Sri Lanka Navy. The outstanding condition and operational performance of SLNS Samudura, SLNS Gajabahu, and SLNS Vijayabahu are a testament to the professionalism and technical expertise of Sri Lankan sailors. Their stewardship of these vessels helped build the confidence that made this fourth transfer possible.” The first of the four vessels SLNS Samudura was commissioned on 19 February, 2005, during Chandrika Bandaranaike Kumaratunga’s tenure as the President. Milinda Moragoda, Economic Reforms and Science and Technology Minister of the previous UNP-led UNF government, played a significant role in acquiring that vessel. SLNS Samudura boosted SLN and participated in numerous operations, including the high profile hunt for LTTE floating warehouses, during the Eelam War IV. But, the US refrained from transferring any more big ships during the war though on the then Navy Commander Vice Admiral Wsantha Karannagoda’s request to provide intelligence and Washington obliging, made the successful hunt for LTTE floating arsenals in the last stages of the war possible. The transfer of the second vessel took place 19 years after the end of the war. Ex USCG Sherman was commissioned 06 June, 2019, as SLNS Gajabahu (P626). The third vessel was transferred to the Sri Lanka Navy on October 26, 2021, as the country was heading towards an unprecedented economic crisis. That vessel was commissioned as SLNS Vijayabahu at the Colombo Port with the participation of President Ranil Wickramasinghe and US Ambassador to Sri Lanka Julie Chung on November 20, 2022. Ironically SLNS Gajabahu, one of the ex-US vessels prominently figured in the contingency plan to save President Gotabaya Rajapaksa, but whose downfall was engineered by the US.
By Shamindra Ferdinando
The moment President Gotabaya Rajapaksa decided to take up residence at the President’s House (Janadhipathi Mandiraya), Fort, in the first week of April, 2022, the Navy had no option but to prepare a thorough contingency plan, in case the regime change project posed a realistic threat to the life of the President.
The President, in consultation with senior military officers, made his move within 48 hours after violence erupted outside his private residence at Pangiriwatte, Mirihana, on the night of 31 March, 2022. That decision seemed realistic and sensible at that time.
But, in the wake of the disastrous overall armed forces response to the coordinated violence unleashed by the regime change project on 09 May, 2022, in the aftermath of the Temple Trees ordered attack on Galle Face protesters, the top brass must have recognised the urgent need for total overhauling of security strategy. But, unfortunately, that hadn’t been the case. With violent crowds overwhelming the armed forces, deployed to block them, rapidly approaching the President’s House, those who had been at the makeshift Operations Room there were stunned.
In hindsight, the President’s decision to remain at the President’s House, regardless of the near failure on the part of the armed forces to repulse the raid on Temple Trees, on 09 May, seemed unwise. The rescue operation could have gone wrong and the war-winning President Mahinda Rajapaksa could have ended up in the hands of an angry mob.
Perhaps, the conspirators envisaged the President’s move, from Pangiriwatte to the President’s House, situated walking distance away from the Galle Face protest site, where they could draw additional strength.
The failure on the part of the government to take tangible measures, in the wake of the President’s House becoming the sole target on that fateful day, is a contentious issue that needs to be properly investigated. Don’t forget that the court case filed over the 09 May attacks on the residences and properties belonging to SLPP politicians, and some supporters ,was later withdrawn. The Wickremesinghe-Rajapaksa government never investigated the 09 May incidents.
Exactly two months after the mobs almost succeeded in breaking through defences at Temple Trees, on the night of 09 May/10, where Prime Minister Mahinda Rajapaksa was residing, they mounted the assault on the President’s House.
In the wake of the 09 May mayhem, President Gotabaya Rajapaksa named Lt. Gen. Vikum Liyanage as the Commander of the Army. He succeeded General Shavendra Silva who served as the CDS but was out of the country when all-out mayhem was unleashed by the Aragalaya mobs on 09 July, 2022, to oust the sitting government.
In spite of a direct and growing threat to the President’s House, on 09 July, 2022, the President felt confident in meeting the challenge. The President issued a directive to the Secretary, Ministry of Defence, General (retd.) Kamal Gunaratne, to shift the Operations Room from the Defence Force Headquarters, at Akuregoda, to the President’s House. Having shifted the Operations Room on 08 July, 2022, to the President’s House, as directed by the President, the top brass prepared to face the challenge.
Maj. General K.B. Egodawela, who served as an Additional Secretary (Administration) to the President, from the day the President moved to the President’s House, till he vacated on 09 July, 2022, in his memoirs ‘Aragalaya: Adarayen Prachandathwayata’ (From Love to Violence) revealed that though the top brass opposed the shifting of the Operations Room they carried out the directive. While the President felt that the top brass could collectively work at the President’s House to bring the situation under control, Gen Gunaratne proposed that the President should move to Akuregoda Defence Forces Headquarters, according to Egodawela. In fact, Gunaratne, who had been with Gotabaya Rajapaksa from the very beginning of the sinister campaign, strongly opposed the President’s decision to remain there.
Obviously, the President’s House pathetically failed to ascertain the scale of the protest and the rapidity with which protesters overwhelmed troops deployed outside the President’s House stunned the top brass. Had they swiftly reached consensus on Gen. Gunaratne’s suggestion, perhaps the 09 July regime change operation could have been thwarted. The armed forces could have resorted to tougher measures to prevent a march on Akuregoda Defence Forces Headquarters had the President agreed to move there.
Within two hours after the protest, targeting the President’s House began, video footage provided by drones indicated that troops couldn’t hold the rampaging mobs any longer. According to Egodawela, the top brass had been prepared to remove the President, even without his consent, by landing a helicopter in the Colombo harbor or by ship. Finally, they resorted to the second option. As the President and First Lady Ayoma got into a vehicle and took the rear exit into the adjoining former Navy Headquarters, mobs entered the President’s House. Another vehicle carrying several other persons followed.
The then Navy Commander Vice Admiral Nishantha Ulugetenne who had been with the President at the President’s House got into the vehicle carrying the President. Had they stayed at the President’s House for 10 more minutes, the consequences could have been devastating. https://island.lk/gotabayas-escape-from-aragalaya-mob-in-rti-spotlight/
Egodawela, who had been with the President from the very beginning of the presidential term, alleged that the raiders planned to kill the President and several others and display their bodies. The author quoted an unidentified intelligence officer as having told him that the raiders wanted to display the bodies the way LTTE leader Velupillai Prabhakaran’s body was shown.
Perhaps shifting the Operations Room from Akuregoda Defence Force Headquarters to the President’s House had been a risky move that, in a way, facilitated the regime change operation. The rationale in bringing those who had been tasked with countering the impending threat to one place (President’s House) to be with the target (Gotabaya Rajapaksa) seems unbelievably a dicey move. The President had been influenced by what he described as inordinate and unforgivable delay on the part of the Akuregoda Operations Room to carry out timely evacuation of Prime Minister Mahinda Rajapaksa on the night of 09 May from Temple Trees. Most probably, the President wanted to oversee the 09 July counter operation personally. But, in hindsight, the decision to shift the Operations Room from Akuregoda to the President’s House obviously hadn’t been a clever move.
SLN preparations
When mobs threatened to overwhelm the President’s security at Pangiriwattta, on 31 March, additional police and STF contingents were brought in. They were followed by the Navy and Air Force. The Army arrived at the scene, subsequently.
As pointed out by the President himself, the situation at Temple Trees, on 09 May, had been far worse and the combined police and armed forces response revealed that they hadn’t taken precautionary/counter measures, even after the Pangiriwatta fiasco.
At the time of the incidents, the overall Temple Trees security deployment included about 60 elite Special Boat Squadron (SBS) personnel deployed within the premises and were supplemented by seven SLN platoons. The Army also moved in to strengthen Temple Trees defences but the mobs pressed on till troops fired blank ammunition.
The top brass, directing counter measures from Akuregoda Defence Force Headquarters, had to act swiftly and decisively to evacuate those at the Temple Trees or face the consequences. As there hadn’t been any other alternative place of living proposed, Prime Minister Mahinda Rajapaksa, wife Shiranthi and their eldest son Namal were escorted to nearby former Air Force Headquarters and from there flown to the Trincomalee Navy base. VA Ulugetenne, over the phone, issued instructions to the relevant officer in Trincomalee to make arrangements as two helicopters carrying the group took off from the helipad on the top of the former Air Force Headquarters. The helicopters departed around 04 in the morning.
They had stayed at Trincomalee Navy House for about a week and, as requested by the Navy, paid for their stay because by then Mahinda Rajapaksa had resigned. Perhaps, they could have taken refuge at the Panagoda Army cantonment or at Saliyapura, home to the Gajaba Regiment, but, at the end, sought the protection at the Trincomalee Navy base.
Ironically, President Gotabaya Rajapaksa, too, had to take refuge at the Trincomalee Navy base, exactly two months later. Ever since the President moved into the President’s House, Fort, the Navy had been on their toes to meet any eventuality. The daunting task of arranging evacuation by sea fell on the shoulders of VA Ulugetenne, who, meticulously, planned the operation with his staff.
Having informed the President of the contingency plans, VA Ulugetenne stationed two Advanced Offshore Patrol Vessels (AOPVs), namely SLNS Sindurala and SLNS Gajabahu and four Fast Attack Craft (FACs), at the Colombo Port. It would be pertinent to mention that SLNS Sindurala, built at the Goa shipyard, in terms of an agreement signed at the tail end of the Mahinda Rajapaksa government, was adjudged the best vessel in the SLN fleet in 2022.
Additional SBS personnel and snipers, too, had been brought in to Colombo though none of them knew exactly what their task would be. The OPV and FAC crews most probably felt that they were awaiting orders for a major anti-drug operation in the high seas.
As the decision was made to evacuate the President and the First Lady, the Chief alerted the vessels and quickly deployed tugboats to pull SLNS Sindurala and, shortly thereafter, SLNS Gajabahu, formerly of the US Coast Guard, carrying the President and the First Lady. By the time the two AOPVs moved in different directions, on the instructions of VA Ulugetenne, the hand phones of SLNS Gajabahu crew were collected to prevent them from revealing what was happening. Along with the AOPVs, two pairs of FACs had moved out to sea. (https://island.lk/ranil-reveals-bid-to-get-rid-of-him-while-gr-was-fleeing-to-trinco-on-board-slns-gajabahu/)
Nearly 12-hour journey to Trinco
The SLNS Gajabahu, formerly of the US Coast Guard, had a crew consisting of over 100 officers and men. Someone, most probably a port employee, posted a short clip of some unidentified persons taking large travelling bags into the ship but the President, First Lady and VA Ulugetenne going in were never captured on a camera.
As the vessel began its journey towards Trincomalee, it remained approximately 12 nautical miles from land and the President received many calls, some of which weren’t answered. VA Ulugetenne, too, received quite a number of calls. Those familiar with the developments at that time said that some felt that SLNS Gajabahu should move out of Sri Lankan waters. There had been suggestions that the destination should be the Maldives, India or Singapore. Regardless of such suggestions, SLNS Gajabahu proceeded towards Trincomalee where the Navy made necessary arrangements to host them.
Captain Marlon Perera, who still serves the Navy, had been the Commanding Officer of the vessel. Perera now holds the Commodore rank.
During the journey precautions were taken to ensure the safety and security of the President and the First Lady. Although the crew hadn’t been aware that they would be entrusted with such a sensitive task at a time the country was in crossroads against the backdrop of an economic collapse and sovereign default, there were fears of the crew being affected by propaganda in support of regime change operation.
The attempt made by sailor Wijemuni Vijitha Rohana de Silva to cause harm to Indian Prime Minister Rajiv Gandhi, way back in July, 1987, underscored the necessity to take precautions during the Colombo-Trincomalee journey as the possibility of anti-Gotabaya campaign having an impact on at least some members of the ship crew couldn’t be ruled out.
On July 30, 1987, during a guard of honor in Colombo, the 21-year-old naval rating struck Gandhi on the shoulder and back with the butt of his rifle. Gandhi narrowly avoided the full impact of the blow by evasive ducking.
On the invitation of VA Ulugetenne, Gotabaya Rajapaksa attended all the formalities in respect of a visit undertaken by the President to the Trincomalee Navy base. The President participated in those formalities knowing that he couldn’t attend the commissioning parade that was scheduled to be held on 15 July, 2022. The Navy was not in a position to put off the commissioning parade hence the decision to invite Defence Secretary Gunaratne as the Chief Guest.
Ulugetenne retired from active naval service on 18 December, 2022, following a distinguished career, spanning over 37 years. He received the appointment as the 24th Commander of the Navy in July, 2020, just a couple of months after Gotabaya Rajapaksa’s election as the President.
Wickremesinghe, in his capacity as Gotabaya Rajapaksa’s successor, appointed Ulugetenne as Sri Lanka’s Ambassador to Cuba. The appointment was made in late 2023 and the retired Navy Chief presented his credentials to Cuban President Miguel Díaz-Canel on 13 February, 2024 (https://island.lk/from-fonseka-convictions-to-arrest-of-ulugetenne/)
However, within weeks after the last presidential election held in late November, 2024, the NPP government recalled over a dozen top envoys appointed by the previous administration. Admiral Ulugetenne was among them. The government deprived a decorated officer, who had served the country for nearly four decades, from completing his term in Havana. Within months after his return, he became the target of a murder investigation.
Then out of the blue the retired Navy Chief became the focus of a murder investigation, that, too, post-war. The Criminal Investigation Department (CID) arrested him on 28 July, 2025, over the disappearance of a person reported in July, 2020.
Kurunegala High Court Judge Tikiri Jayatilleke, on 14 October, 2025, granted him bail. Jayatilleke declared that the CID acted in an illegal manner in respect of the former Navy Commander. His counsel Kalinga Indatissa, PC, alleged in court that his client had been apprehended only on the basis of an ex-LTTE cadre’s allegation in the absence of any evidence
The next hearing is scheduled for 08 July, 2026. Ulugetenne was held at the Kegalle Prison for four days and then transferred to the Dumbara (Pallekale) Prison. Altogether, he was in prison for 80 days, like a common criminal, despite him being a former Navy Commander with an unblemished career record.
Wartime Chief of Naval Intelligence, Rear Admiral (retd) Sarath Mohotti, who had been also arrested in connection with the same investigation, was also granted bail, a few weeks later.
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