Connect with us

Editorial

Presidency should be straitjacketed

Published

on

Saturday 26th June, 2021

 

Presidential pardons for convicted prisoners always cause public outrage when the beneficiaries happen to be politically connected. It is only natural that President Gotabaya Rajapaksa has come under fire over the release from prison of former UPFA MP Duminda Silva. One cannot but agree with the position taken by the Bar Association of Sri Lanka (BASL) on the issue; one considers it is worthy of public endorsement. Taking exception to the presidential action at issue, the BASL has, in a letter to the President, called for an explanation. One hopes that the President will respond.

Protests, however, will not prevent Presidents from releasing convicted criminals from prison. In the late 1970s, the SLFP-led Opposition let out a howl of protest when the late President J. R. Jayewardene pardoned Gonawala Sunil, who was serving a jail term for raping a teenage girl. About three decades later, among those President Mahinda Rajapaksa released from prison were two foreign women incarcerated for drug dealing, and a politician’s wife on death row for a murder. President Maithripala Sirisena, who promised good governance, pardoned the Royal Park murderer, among others. The incumbent President has released an army officer imprisoned for killing Tamil civilians.

There is a pressing need to curtail the presidential powers as regards pardons for convicts. It is much more prudent to campaign for putting in place constitutional safeguards to restrain the Executive President than to protest when convicts are given pardons and then forget about the issue. It is our failure to put the President in a constitutional straitjacket anent his or her power to pardon prisoners that has enabled JRJ, Mahinda, Sirisena and Gotabaya to act in this deplorable manner.

While being critical of the presidential pardons for convicts, one should not make the mistake of thinking that every judicial decision is synonymous with justice, and the judiciary is infallible. There have been judgments that have raised many an eyebrow. Former Chief Justice Sarath N Silva has publicly regretted his judgment in a case against then Prime Minister Mahinda Rajapaksa. Ranjan Ramanayake’s telephone recordings that contain his conversations with judges and senior police officers on criminal investigations and court cases, during the yahapalana days, have not only revealed how politicians exert influence on some members of the judiciary and the police but also caused an erosion of public confidence in the judiciary and the police.

The US has also frowned at the presidential pardon for Duminda. One may agree with it on this score, but the question is whether the US actually respects the Sri Lankan judiciary and its decisions? If so, will it explain why it sought to save Prabhakaran, whom the Colombo High Court had tried in absentia and sentenced to jail for masterminding the 1996 Central Bank bombing, which killed 91 people and maimed dozens of others besides causing a huge economic loss to the state? The US, as one of the self-appointed Co-Chairs of Sri Lanka’s peace process, pressured the Sri Lankan governments to negotiate with Prabhakaran, who was responsible for heinous crimes, and share state power with him.

Meanwhile, the BASL, which has rightly called upon politicians to respect the judiciary and judicial decisions, also, owes an explanation to the public in respect of some very serious matters. Why didn’t it take up the cudgels for the judiciary when the judges of the Colombo High Court came under threats after delivering the judgment in the White Flag case in 2011? A bunch of BASL members abused the judges including a female in raw filth, smashed up court furniture, and the police had to remove the judges to safety as the protesting lawyers and others threatened to harm them.

The BASL also chose to remain silent when Chief Justice Mohan Peiris was threatened by thugs following the 2015 regime change and subsequently ousted politically. True, the manner in which his predecessor, Dr. Shirani Bandaranayake, was removed from office, was deplorable, but she should have been reinstated with the help of Parliament, which had ‘impeached’ her. Instead, President Maithripala Sirisena, at the instance of some BASL officials, ‘vapourised’ CJ Peiris, who held office from 2013 to 2015. President Sirisena deemed that Dr. Bandaranayake had not ceased to be the CJ, and therefore the appointment of Peiris was null and void ab initio. If so, why was no action taken against Peiris, or the person—the then President Mahinda Rajapaksa—who appointed him? CJ Peiris signed documents, drew a salary, enjoyed perks of office and delivered judgments. Will the BASL provide an explanation?

The constitutional provision that enables the Executive President to pardon convicts will continue to be abused, and what needs to be done, we repeat, is to prune it down. Before the ongoing protests peter out, a campaign should be launched to achieve that end.

 

 



Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Editorial

Endless probes and conspiracies

Published

on

Tuesday 22nd April, 2025

The sixth anniversary of the Easter Sunday carnage has passed, yet the government has failed to fulfil its pledge to make an earth-shattering revelation about the masterminds behind it. Instead, President Anura Kumara Dissanayake has handed over to the CID all volumes of the final report of the Presidential Commission of Inquiry (PCoI) that probed the 2019 terror attacks.

The PCoI has not recommended that its complete report be handed over to the CID. It has requested the President to send ‘a complete set of the report to the Attorney General to consider institution of criminal proceedings against persons alleged to have committed the said offences’.

Interestingly, the PCoI report the President has sent to the CID contains some key findings that run counter to the government’s contention that there was a political conspiracy behind the carnage. The report says in Chapter 32: “The original plan of Zahran was to attack the Kandy Perahera. But it was advanced due to the recovery of explosives from Wanathawilluwa and international factors. IS was losing ground in Syria and Iraq and called on its faithful to launch attacks. He was also concerned that the law enforcement authorities may apprehend him soon” (p. 467).

There is a vital document that President Dissanayake should hand over to the CID. It is the report of the Imam Committee, which probed the allegations made in a Channel 4 programme, ‘Sri Lanka’s Easter Sunday bombings – Dispatches’, telecast on 5 Sept., 2023. That presidential committee comprising former Judge of the Supreme Court S. I. Imam (Chairman), former Commander of the Sri Lanka Air Force Air Chief Marshal Jayalath Weerakkody and President’s Counsel Harsha A. J. Soza, has debunked a much-publicised claim by a person named Azad Moulana that there was a link between Sri Lanka’s military intelligence and Zahran’s terror group.

Some critical aspects of the Easter Sunday terror attacks have not been investigated thoroughly. One may recall that three months after the tragedy, Archbishop of Colombo Cardinal Malcolm Ranjith, reportedly said, at St. Sebastian’s Church, Katuwapitiya, that the terror attacks had been part of an ‘international conspiracy’. Media reports also said he had lashed out at President Maithripala Sirisena and Prime Minister Ranil Wickremesinghe for lacking the courage to resist the foreign conspiracy to destabilise Sri Lanka. As we pointed out yesterday, he is one of the key witnesses who said in their testimonies before the PCoI that probed the Easter Sunday carnage that there had been a foreign hand/conspiracy behind the terror attacks.

Meanwhile, in a leaked audio clip of what is described as a telephone conversation between Deputy Minister Rajan Ramanayake and SSP Shani Abeysekera, during the Yahapalana government, about the Easter Sunday terror attacks, the latter is heard telling the former something in Sinhala to the effect that Mohamed Ibrahim, a wealthy businessman who was a JVP’s National List nominee for the 2015 general election, cannot be so stupid as not to have known what his two sons, who carried out suicide bomb attacks on 21 April 2019, had been doing. If this audio recording is not fake, the CID should go by Abeysekera’s contention, and interrogate Ibrahim again as part of their efforts to identify the terror masterminds. One may recall that when Ishara Sewwandi, a female accomplice of the gunman who killed underworld leader Ganemulle Sanjeewa in a courtroom at Hulftsdorp, went into hiding, the police arrested and grilled her mother and brother. The question is whether the NPP will allow its former National List candidate to be interrogated.

The government and the CID must peruse all reports on the Easter Sunday terror attacks thoroughly, keep an open mind and follow evidence wherever it leads if the integrity of the ongoing probe is not to be undermined. Politically motivated timeframes must not be imposed on criminal investigations.

Continue Reading

Editorial

Easter Sunday carnage probe: More questions than answers

Published

on

Monday 21st April, 2025

The sixth anniversary of the Easter Sunday terror attacks, which claimed about 270 lives and left more than 500 persons injured, falls today. Those who have lost their near and dear ones in the tragedy are still crying out for justice. There have been four Presidents and three governments since the savage terror attacks, yet the search for the masterminds behind them is still ongoing.

A few weeks ago, the incumbent NPP government had the public believe that it would reveal something earth-shattering about the terror masterminds soon, but it is now humming a different tune. President Anura Kumara Dissanayake has reportedly handed over the report of the Presidential Commission of Inquiry (PCoI) that probed the Easter Sunday terror attacks to the CID. We thought the CID had received it much earlier!

There have been more questions than answers regarding the Easter Sunday terror attacks, with a host of claims, counterclaims, about-turns, conspiracy theories, and above all, partisan politics complicating both the investigative process and the quest for justice.

There are two main schools of thought in respect of the Easter Sunday carnage. One insists that the National Thowheed Jamaath (NTJ), which carried out the bombings, was used by some politicians and intelligence bigwigs loyal to them to achieve a political goal whereas the other claims that the NTJ led by Zahran Hashim unleashed terror at the behest of the ISIS. The proponents of the first school of thought have been influenced by a call made by a Parliamentary Select Committee (PSC) that probed the Easter Sunday carnage, in 2019, for further investigations to ascertain whether there had been an attempt ‘to create and instil fear and uncertainty in the country in the lead-up to the presidential election to be held later in the year’. Their opponents have offered a different narrative.

On 19 May 2021, the then Minister of Public Security Sarath Weerasekra told Parliament that the US Federal Bureau of Investigation had confirmed that Moulavi Mohamed Ibrahim Mohamad Naufer was the mastermind behind the Easter Sunday attacks. He said so in response to a statement made by Attorney General Dappula De Livera the previous day that there had been ‘a grand conspiracy’ behind the terror attacks.

Maithripala Sirisena, who was the President at the time of the Easter Sunday bombings in 2019, has said that he conveyed some vital information about the tragedy to the government. He has refused to reveal it to the public, and the government has chosen to remain silent on his claim. BBS General Secretary Ven. Galagoda Aththe Gnanasara Thera has said he knows who the Easter Sunday terror mastermind is, but he will divulge that information only to the President and the Defence Secretary. When Dr. Nalinda Jayatissa, who was a member of the PSC that probed the Eastern Sunday carnage in 2019, was in the Opposition, he told BBC that according to ‘investigative evidence’ he was privy to, India had been behind the terror attacks. He is now the Cabinet Spokesman. It will be interesting to know the other government leaders’ position on his allegation. Curiously, the CID has not recorded a statement from him on his very serious claim.

Meanwhile, the aforesaid PCoI report contains a Chapter on evidence given by eleven prominent persons, who categorically stated they believed that there had been a foreign hand or conspiracy behind the Easter Sunday carnage. Those witnesses are Cardinal Malcolm Ranjith, former President Sirisena, former Minister Rauff Hakeem, former Minister Rishad Bathiudeen, former Governor Azath Salley, SJB MP Mujibur Rahman, former SIS Director SDIG Nilantha Jayawardena, former STF Commandant M. R. Latiff, former Chief of Defence Staff Ravindra Wijegunaratne, former SDIG CID Ravi Seneviratne and former CID Director SSP Shani Abeysekera. Claiming that their statements were mere ipse dixits (assertions made but not proven), the PCoI report has said that no such foreign link was found (p. 472). The Commission should have dug deeper before arriving at such a conclusion. It has, however, recommended that certain identified parties be further investigated. This has not been done. Some of the aforementioned witnesses have since made public statements that contradict their testimonies before the PCoI, and they owe the public an explanation.

Continue Reading

Editorial

Of that warning

Published

on

President Anura Kumara Dissanayake continues to draw heavy flak from the Opposition for repeatedly declaring, at the NPP’s Local Government (LG) election rallies, that he will readily approve financial allocations for the local councils to be won by the NPP and others will face difficulties in obtaining funds as the political rivals of the NPP cannot be considered clean. The Opposition and some election monitors have taken exception to what can be considered a warning issued by President Dissanayake, and brought it to the notice of the Election Commission (EC).

The Government Information Department has denied a media report that the EC issued a letter pertaining President Dissanayake’s aforesaid statement. This is a strange state of affairs in the run-up to a crucial election, where the stakes of the ruling NPP are much higher than those of its rivals.

It is clear to any intelligent person that President Dissanayake is leveraging his position as the Finance Minister in a bid to influence the outcome of the upcoming LG polls. The message he has conveyed to the electorate is loud and clear; the local government institutions will be at his mercy and therefore it is prudent for the public to vote for the NPP and ensure the smooth functioning local councils. The EC ought to take the presidential statement in question seriously and take appropriate action.

It behoves the EC to refrain from acting like the three proverbial monkeys—refusing to hear, speak and see evil—in respect of the presidential statements that have the potential to influence the outcome of the upcoming polls. It has to act in response to the Opposition’s complaints promptly.

If the EC has not reacted to the controversial presidential statement in question, as the Government Information Department has reportedly claimed, it should make its position known to the public without further delay lest its silence should be considered a sign of subservience or partiality to the ruling coalition led by President Dissanayake. It is duty-bound to ensure a level playing field for all political parties and independent groups in the fray. The government must not be allowed to bulldoze its way through at the expense of its political rivals.

The EC should not consider President Dissanayake’s warning at issue as mere campaign rhetoric, for there have been instances where contempt-of-court charges were pressed against some politicians over their political speeches. The imprisonment of S. B. Dissanayake over a derogatory statement he made about the Supreme Court, at a Vap Magul ceremony in Habaraduwa in November 2003 is a case in point.

The Opposition’s reaction to the President’s warning that he will impose restrictions on fund allocations for the local councils to be won by parties other than the NPP has been lukewarm. In fact, the Opposition does not flog any issue hard enough to shape public opinion. It has not even been able to highlight what the Batalanda Commission report says about the JVP’s violent past. The green-channelling of 323 red-flagged freight containers has been forgotten. The Opposition has claimed in Parliament that a member of the incumbent Cabinet was interdicted over a fraud while he was serving in the State Fertilizer Corporation, but it has baulked at naming the person concerned and demanding his resignation from the Cabinet.

The government has been able to distract the Opposition, which has also stopped short of cranking up pressure on the EC to take up the President’s aforesaid warning. The Opposition has not pointed out that the Colombo Municipal Council under UNP control survived several SLFP-led governments including those with two-thirds majorities under President Mahinda Rajapaksa and President Gotabaya Rajapaksa.

Leader of the House and Minister Bimal Ratnayake was spot on when he told Parliament recently that there was no bigger asset to the NPP government than the current Opposition, whose bark was worse than its bite. Nothing can be a graver threat to democracy than the aggressiveness of a powerful government as well as the meekness of the Opposition and the so-called independent commissions.

Continue Reading

Trending