News
PCoI orders ex-SIS chief’s phone to be taken into custody
By Rathindra Kuruwita
The Presidential Commission of Inquiry (PCoI) investigating the Easter Sunday attacks ordered SDIG Mahesh Welikanna, attached to the PCoI Police unit, to take into custody a mobile phone used by former State Intelligence Service (SIS) Director SDIG Nilantha Jayawardena to record some of his conversations with senior security officials after the Easter Sunday attacks.
Earlier Jayawardena presented the Commission with a recording of a conversation he had with former Defence Secretary Hemasiri Fernando in late April about the role played by various senior officials regarding the Easter Sunday attacks.
The conversation took place after both men had testified before the Malalgoda Committee, appointed by former President Maithripala Sirisena on April 21, 2019 to investigate the attacks and to make recommendations to prevent recurrence.
SDIG Jayawardena told the Commission that the recording had been transferred to a CD and then to his laptop.
When questioned why he had recorded this conversation, SDIG Jayawardena said that there were many attempts to tarnish the image of SIS after the attacks and he was also aware of those who were behind the slandering.
“I recorded this conversation to defend our reputation, as evidence,” he said.
The Chairman of the PCoI asked the witness if he had edited or altered the recording. SDIG Jayawardena said he had not.
Chairman then instructed the Secretary of the PCoI to hand over the recording to the Government Analyst’s Department and to obtain a report on it within one week. The Government Analyst was instructed to identify whether the conversation was between Jayawardena and Fernando and whether the recording had been altered. Jayawardena and Fernando were asked to provide voice samples to the Government Analyst, if necessary.
The PCoI Chairman also observed that from the beginning Jayawardena had been using his laptop to present evidence and that on a previous occasion, Jayawardena had played a recording of a conversation with former CNI Sisira Mendis on his laptop.
“Under Article 7 (c) of the Presidential Commissions Act, I instruct you to hand over the laptop to the police unit attached to the PCoI. The Police unit will examine it to see if there are recordings that are important to this investigation, categorise and hand them over to AG’s Department officials. This should be done before Jayawardena and his lawyer. Then his laptop can be returned.”
Counsel Dilshan Jayasuriya and Anura Meddegoda, PC, who appeared for former Defence Secretary and former IGP Pujith Jayasundara, respectively, requested the Commission to send both the phone used by SDIG Jayawardena to record the conversation and his laptop to the Government Analyst. They also asked the PCoI to give a copy of the recording for their perusal.
The Chairman said that they couldn’t provide copies of the recording and lawyers could listen to it at the commission, if necessary.
The Attorney General’s Department official leading the evidence said that there was no need to send those devices to the Government Analyst. Such action could be taken if the Government Analyst said that those devices were needed for their investigation.
“The witness has a personal life,” she said.
In response, the two defence counsel said that there might be some vital documents which SDIG Jayawardena had not submitted to the Commission.
Counsel Jayasuriya said: “Throughout his evidence, the witness had been hinting that he had further information. In the recording played today there was insinuation that he was trying to save people. What if he has a recording with former President Maithripala Sirisena that is vital for this investigation. I believe this witness is providing information selectively.”
Considering all the arguments, the Commissioners directed the PCoI police unit to take into custody the phone used to record the conversation with Fernando. Jayawardena said that the conversation had been recorded on his private phone, one of his family member was now using.
Chairman instructed SDIG Mahesh Welikanna to send the Director of the police unit, SSP Liyanage to Jayawardena’s house and obtain the mobile phone.
Given below are selected excerpts of the conversation between Jayawardena and Fernando.
The recording starts with SDIG Jayawardena explaining to Fernando the kind of intelligence that the SIS would furnish a senior official like the Defence Secretary. The SIS would not provide him with all intelligence information that they would come across and only operational intelligence would be given to the Defence Secretary.
Jayawardena:
“You gave to the media after the attack where you say that you had received prior warnings of the attacks but that you didn’t take the matter seriously. This showed that the information had not been relayed to the superiors?’
Fernando:
“Yes, I didn’t tell my superiors. When they asked, I told them that I didn’t”.
Jayawardena:
“Don’t worry about it. People are attacking me and the SIS. They call me a henchman of President Maithripala Sirisena. They want to remove me but I have done what I could do as SIS head.”
Fernando:
I told Sisira (former CNI). He should have told IGP (Pujith Jayasundara).”
Jayawardena:
“When this matter was taken up on April 09, this wasn’t taken seriously. If they took it up seriously, this wouldn’t have happened. I informed everyone.
“When I sent the intelligence report to the CNI, I was expecting instructions and advice from him. I didn’t get any advice and I sent my officers and found out information. On April 09 all information I had was sent to the IGP.”
Fernando:
“You had sent? I didn’t know. I am not telling President Sirisena had become a problem. Pujith also said so.”
Jayawardena:
“People also ask me but it’s not up to me to tell the President. But there is no point telling the President or the Prime Minister. What can they do? They can’t put roadblocks. I have told people who can do things. On April 20 I said hotels were targeted and I told CNI to put some people and look at hotels. I can only advise but I can’t instruct.”
Fernando:
“Will it be a problem for me because I had not given him specific instructions?”
Jayawardena:
“What can you say? Do you know where to put road blocks? People with experience must do it. IGP knows what to do. So you have done your job. The rest is up to the IGP.”
Fernando:
“If you had given me instructions on what to tell the IGP, I could have given him more specific information.”
Jayawardena:
I don’t need to say. And neither do you. The IGP should know what to do.”
News
HRCSL issues recommendation on seizure of four books by B. Piratheepan by Sri Lanka Customs
The Human Rights Commission of Sri Lanka (HRCSL) issued its recommendation in Case No: HRC/KIL/031/26 concerning the decision of the Director General, Sri Lanka Customs to seize
four books authored by B Piratheepan.
The books ‘Ippothum Inge Irandu Thesangalthaan’, ‘Elluttal Nan Yuttam Ceykiren’, ‘Bayangaravaathi’, and ‘Cyanide’ are Tamil language books printed in Chennai, India, and were imported to Sri Lanka. Sri Lanka Customs seized the books on 27 March 2026 and had informed the Complainant that they would only be released upon obtaining approval from the Ministry of Defence.
Following an opinion issued by the Arts Council of Sri Lanka and the State Literary Sub-Panel, two of the books, ‘Bayangaravaathi’ and ‘Cyanide’ were released on the basis that the experts on the Council had concluded that these books were works of fiction. Copies of the remaining two books ‘Ippothum Inge Irandu Thesangalthaan’ (75 copies) and ‘Elluttal Nan Yuttam Ceykiren’ (147 copies) were not released and remained under detention.
At the conclusion of its inquiry, the Commission noted that none of the Respondents wished to take direct responsibility for the continued seizure of the remaining two books. It observed that
the handling of the matter was marked by indecision and opacity at every stage.
Sri Lanka Customs purported to act under section 135, read with section 12 and Schedule B of the Customs Ordinance, which authorises it to prohibit ‘Any newspaper, pamphlet, leaflet, book or picture containing matter calculated to lead to acts made punishable under section 120 of the Penal Code’.
Relying on the recent judgment of the Supreme Court in Mohamed Razik Mohamed Ramzy v. Officer-in-Charge, Criminal Investigation Department & Others SC (F.R) No. 135/2020, the Commission found that intent remains an indispensable element of section 120 of the Penal Code and that this mental element is reinforced in Schedule B to the Customs Ordinance by the inclusion of the term ‘calculated’.
The Commission accordingly observed that both causation and intent, which are necessary features of individual culpability, must be established for a person to face legal consequences in terms of section 120 of the Penal Code.
The Commission concluded that the 1st Respondent must be of the reasonable opinion that these elements of individual culpability, causation and intent, are present in a given case to justify the permanent seizure of any publication. However, the 1st Respondent had not demonstrated that he had reached such an opinion.
The Commission observed that, while the impugned content in the Complainant’s two books (e.g. allegations that the Sri Lankan military had attacked civilians, and allegations that the
Janatha Vimukthi Peramuna supported violence) may be classified as ‘shocking’, even ‘offensive’ to some, or ‘disturbing’, there is no evidence to suggest that the impugned passages
were calculated to excite disaffection against the state, promote feelings of ill-will between communities or bring about any other harmful outcome listed in section 120 of the Penal Code.
The Commission reiterated that section 120 of the Penal Code concerns expressions that are directly inciteful and have the capacity to influence large portions of the population to act in a
harmful manner. It found that the impugned passages in the two books merely contain sentences that make allegations, which may prompt reflection among some readers, and which may be dismissed by other readers. They, in the opinion of the Commission, lack the potency expected of content that was likely to ‘excite disaffection’ or ‘promote ill-will’. It found that the continued seizure of the two books, which acted as a form of prior censorship of its contents, is both unnecessary and disproportionate in terms of meeting the legislative aims found in section 120.
The Commission also noted that the contents of these two books were claimed to already be in the public domain and had previously featured in Tamil language newspapers.
Therefore, the Respondents had not demonstrated how such content had thus far contributed to disaffection or promoted feelings of ill-will between communities. In this context, the Commission was unconvinced that the limitation in question is reasonable and concluded that the 1st Respondent’s continued seizure of the two books ‘Ippothum Inge Irandu Thesangalthaan’ and ‘Elluttal Nan Yuttam Ceykiren’ authored by the Complainant violated his right to the freedom of expression including publication guaranteed by article 14(1)(a) of the Constitution.
The Commission separately found that the sequence of events, and the explanations provided by the Respondents, indicated that the language of the Complainant’s books, i.e., the Tamil
language, was pivotal to their seizure. It observed that several state institutions that encountered these books treated them with prejudice and suspicion, which would not have been afforded to books of another language. Given that the Complainant’s two books have remained in detention for a prolonged period, i.e. more than six months, with no formal procedure, the Commission found a violation of article 12(1) of the Constitution. It also found that the actions of the 1st
Respondent were discriminatory on the basis of language, and violated his right to non-discrimination on the grounds of language guaranteed by article 12(2) of the Constitution.
Commenting on the application of article 14(1)(f) of the Constitution, the Commission found that Tamil-speaking people are a linguistic minority in Sri Lanka who enjoy the protection of both article 14(1)(f). The Commission recalled that the marginalization of Tamil-speakers throughout Sri Lanka’s post-independence period has been one of the root causes of the country’s ethnic conflict. Therefore, state functionaries should be particularly sensitive to the implications of treating Tamil language publications with prejudice. The Commission recognized that the essence of the freedom to promote one’s own culture and to use one’s own language is that citizens should have autonomy over the cultural and literary content they wish to produce or consume. The state should not interfere with this freedom except in very limited circumstances governed by article 15 of the Constitution.
Accordingly, it found that the 1st Respondent, through the continued seizure of the Complainant’s two books ‘Ippothum Inge Irandu Thesangalthaan’ and ‘Elluttal Nan Yuttam Ceykiren’, violated his fundamental right to the freedom to enjoy and promote his own culture and to use his own language.
In the circumstances, the Commission recommended that the 1st Respondent forthwith release from detention all copies of the two books titled ‘Ippothum Inge Irandu Thesangalthaan’ and ‘Elluttal Nan Yuttam Ceykiren’ authored by the Complainant.
News
Presidential pardons: Govt. studying Justice Thurairaja’s recommendations – Minister
By Shamindra Ferdinando
Justice and National Integration Minister Harshana Nanayakkara said yesterday that the Cabinet was studying a set of recommendations made by a Committee, led by retired Supreme Court judge Sithambarampillai Thurairaja, PC, regarding a systematic, fair and transparent mechanism for granting presidential pardons to convicted prison inmates.
Attorney-at-law Nanayakkara said so when The Island raised the issue in the wake of the ongoing controversy over prison authorities compelling General Secretary of the Bodu Bala Sena (BBS) Ven. Galadodaaththe Gnanasara to wear civilian attire when produced in court.
The Minister declined to elaborate but said the Cabinet of Ministers was yet to reach consensus on the recommendations. The NPP government, on 25 June 2025, appointed Thurairaja’s committee to study the provisions of the Article 34(1) of the Constitution, along with other statutory acts and judicial rulings.
Justice Thurairaja handed over his report to Justice and National Integration Ministry Secretary Ayesha Jinasena, PC.
The other members of the Committee were Deputy Minister of Mass Media Dr. Kaushalya Ariyarathne, Additional Secretary to the Ministry of Justice and National Integration Piyumanthi Peiris, Additional Solicitor General Nerin Pulle, Senior Deputy Inspector General of Police (SDIG) Legal Asanga Karawita, Chairperson of the Bureau of Rehabilitation Professor Wasantha Subasinghe, Specialist Dr. Chiththahari Abayanayake, former Acting Commissioner of Prisons Nishan Dhanasinghe, Acting Commissioner General of Prisons Prasad Hemantha Kumara, Senior Assistant Secretary (Legal) to the Ministry of Justice and National Integration Roshani Hettige, and Senior Assistant Secretary to the Ministry of Justice and National Integration Chandima Welikala.
The government called for guidelines regarding presidential pardon over a year before the Supreme Court rescinded, in September this year, the presidential pardon granted by Maithripala Sirisena to Ven Gnanasara serving a six-term of rigorous imprisonment for contempt of court. That pardon was granted in May 2019, the third controversial release by Sirisena during his presidency.
President Sirisena pardoned an ex-LTTE terrorist and also the Royal Park murderer Don Shramantha Jude Anthony Jayamaha, in 2016 and 2019, respectively. The Supreme Court, in June 2024, annulled the pardon granted to Jayamaha and ordered his arrest though he still remains free having fled overseas no sooner he was granted the pardon.
News
Mahinda and Shiranthi hospitalised
Former President Mahinda Rajapaksa was admitted to a private hospital yesterday morning (12).
Meanwhile, former First Lady Shiranthi Rajapaksa, who is currently in remand custody at Welikada Prison, has been admitted to the Cardiology Unit of the National Hospital in Colombo.
-
Features5 days agoThe Sri Lankan who made Scottish history
-
Sports5 days agoNissanka absence opens door for Sri Lanka’s young guns
-
News6 days agoGnansara Thera to be assigned to prison printing section: Officials
-
News4 days agoNDB fraud Rs 60mn more than reported
-
News4 days agoRemoving monk’s robes matter for Sangha to decide: Mahanayake Theras
-
Features5 days agoFuture of Sri Lanka’s state university system: Should it be shut down and reopened?
-
News6 days agoOIC of FCID summoned before Maligakanda Magistrate
-
News5 days agoShiranthi R remanded until 13 Oct.
