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Probes and probity
Saturday 9th October, 2021
The Opposition may have expected the government to defend Thirukumar Nadesan and his wife Nirupama Rajapaksa openly over the Pandora Papers revelations and get into a bigger political mess in the process. But the latter chose to act intelligently, for once. It ordered a probe—not out of any genuine desire to ascertain the truth and institute legal action against anyone but in what appears to be a bid to deflect criticism.
An otherwise lethargic Commission to Investigate Allegations of Bribery or Corruption (CIABOC) has swung into action. Asked by this newspaper what action it would take in respect of the Pandora Papers allegations against Nirupama and her husband, the CIABOC said it could act only if a complaint was lodged. In fact, it is not in a position to initiate an inquiry or an investigation of its own volition thanks to the draconian 20th Amendment, which stripped it of some vital powers. No one had made a complaint by that time. Curiously, a presidential order galvanised the CIABOC into action. It summoned Nadesan and recorded a statement yesterday.
Interestingly, President Gotabaya Rajapaksa is a member of the ruling family, which its political rivals are all out to implicate in the questionable offshore financial transactions of Nadesan. He has also asked the CIABOC to submit a report to him within one month!
It would have been much better if the CIABOC had been able to probe the Pandora Papers disclosure on its own. All Executive Presidents have not cared to rise above partisan politics and act impartially, and therefore presidential directives are not devoid of politics.
Not all shell company owners are engaged in criminal activities; but most of them are responsible for tax evasion, which needs to be investigated separately. Most of those involved in offshore financial transactions have caused huge losses to their home countries by parking their money overseas illegally. The International Consortium of Investigative Journalists (ICIJ), which carried out the Pandora Papers investigation, has said the losses at issue range from USD 5.6 trillion to USD 32 trillion. The International Monetary Fund is of the view that the losses that tax havens cause to many countries around the world could be as high as USD 600 billion a year. The existence of the offshore world aggravates global poverty and inequalities because it deprives the developing nations of some of their tax revenue, as we pointed out in a previous comment. Therefore, besides the ongoing CIABOC probe, there must be a multi-agency investigation into the ICIJ revelations about Sri Lankans, like the one India has ordered.
Offshore transactions are extremely complex processes, and if the CIABOC is capable of conducting a thorough probe into the allegations against Nadesan and submit a report thereon to the President within one month, there is no reason why it should take years to finish other probes that do not involve such complex operations.
If the CIABOC is to carry out its duties and functions free from political influence, it should be made independent of the Executive President as well. It may be recalled that all political parties, represented in Parliament, sank their differences and deprived the national anti-graft commission of the power to inquire into allegations of bribery or corruption sua sponte, in 1994. This power was restored by the 19th Amendment to the Constitution (2015), which made it ‘lawful for the Commission … to inquire into, or investigate an allegation of bribery or corruption, whether on its own motion or on a written complaint made to it.’ There were flaws in the 19th Amendment that had to be rectified, but the salutary provisions like the aforesaid one should have been retained. The 20th Amendment, which was crafted to strengthen the executive presidency, stripped the CIABOC of that power again. Otherwise, there would have been no need for the President to order the CIABOC to initiate an investigation into the ICIJ findings anent Sri Lanka, and, above all, the probe would have been more acceptable to the public.
News
Gnanasara Thero absconding after SC ruling
Ven. Galagoda Aththe Gnanasara Thero was not at his temple in Rajagiriya when prison officials visited the premises yesterday to take steps following the Supreme Court ruling that nullified the presidential pardon granted to him, police sources said.
Prison officials who visited the temple on Nawala Road, Rajagiriya, were reportedly informed by those present that the Thero’s whereabouts were unknown. The development comes a day after the Supreme Court declared former President Maithripala Sirisena’s 2019 pardon of Gnanasara Thero null and void.
The three-member Supreme Court bench comprising Justices Janak De Silva, Dr. Sobhitha Rajakaruna and Sampath B. Abayakoon held that the pardon was arbitrary, violated the public trust and principles of natural justice, and was made beyond the proper exercise of the President’s constitutional discretion.
The case arose from Gnanasara Thero’s conduct at the Homagama Magistrate’s Court in January 2016 during proceedings relating to the disappearance of journalist and political cartoonist Prageeth Eknaligoda.
The Court of Appeal convicted him on four counts of contempt of court in 2018 and imposed concurrent prison terms amounting to six years. He had served about nine months when Sirisena granted him a presidential pardon on May 23, 2019.
The Supreme Court found that although Article 34 empowers the President to grant pardons, that power is held in trust for the people and is subject to constitutional limitations and judicial review. The Court concluded that Sirisena had effectively acted on the recommendation of the Additional Secretary (Legal) without demonstrating that he had independently considered the relevant material.
Justice De Silva held that the pardon was “arbitrary”, violated public trust and the rules of natural justice, and was ultra vires the President’s powers. The Court consequently found that the decision violated the fundamental right to equality guaranteed by Article 12(1) of the Constitution.
The ruling effectively restores the legal position under the original conviction, leaving Gnanasara Thero without the benefit of the 2019 pardon. The Supreme Court also clarified that a pardon does not erase a conviction or sentence, but merely relieves an offender from serving the sentence to the extent specified in the pardon.
Gnanasara Thero, the General Secretary of the Bodu Bala Sena, had been convicted over his conduct during proceedings concerning the disappearance of Eknaligoda, who went missing in January 2010 and has not been located.
Sandhya Eknaligoda, Prageeth Eknaligoda’s wife, was among those who challenged the presidential pardon before the Supreme Court, alongside the Centre for Policy Alternatives and its Executive Director Dr. Paikiasothy Saravanamuttu.
The detailed account of the judgment indicates that the Court’s ruling primarily nullified the pardon and restored the legal effect of the original sentence, with the implementation of the sentence falling to the relevant authorities.
Police sources said that the Supreme Court, however, did not permanently close the door on executive clemency. It held that a future President could grant Gnanasara Thero another pardon, provided the power is exercised lawfully and after proper consideration of all relevant material.
The Supreme Court has so far overturned three presidential pardons granted to two former Presidents. In January 2024, the Court declared former President Gotabaya Rajapaksa’s pardon of former MP Duminda Silva unlawful and invalid. In June 2024, it invalidated two pardons granted by former President Maithripala Sirisena to Royal Park murder convict Jude Shramantha Anthony Jayamaha — the first in May 2016, which commuted his death sentence to life imprisonment, and the second in October 2019, which released him from prison. Jayamaha, who was convicted of the murder of 19-year-old Yvonne Johnson, remains at large. Most recently, on September 10, 2026, the Supreme Court declared Sirisena’s 2019 pardon of Ven. Galagoda Aththe Gnanasara Thero null and void, ruling that it was arbitrary and inconsistent with the Constitution.
News
House to debate 22A, Judicature Bill next week
Parliament is scheduled to debate the Twenty-Second Amendment to the Constitution Bill and the Judicature (Amendment) Bill on September 24 and 25, subject to the Speaker’s announcement following the delivery of the Supreme Court determination on petitions filed against the Bills.
The programme for the Parliamentary Week from September 22 to 25 was decided at a meeting of the Committee on Parliamentary Business held on Thursday (10) under the chairmanship of Speaker Dr. Jagath Wickramaratne.
On each sitting day, Parliamentary Business under Standing Orders 22(1) to 22(6) will be taken up from 9.30 am to 10 am, followed by Questions for Oral Answers from 10 am to 11 am Questions under Standing Order 27(2) will be taken up from 11 am to 11.30 am.
On Tuesday (22), the Orders published in Extraordinary Gazette No. 2497/37 under the Petroleum Resources Act and the Promotion of Export Agriculture (Amendment) Bill will be debated from 11.30 am to 5 pm.
The Tredso Development Foundation (Incorporation) Bill, a Private Member’s Bill, will then be taken up for Second Reading before being referred to the Legislative Standing Committee.
An Opposition motion at the Adjournment Time will follow.
On Wednesday (23), the Chartered Institute of Media Professionals of Sri Lanka Bill will be debated from 11.30 am to 5 pm, followed by Questions at the Adjournment Time.
The Second Reading debate on the 22nd Amendment Bill and the Judicature (Amendment) Bill is scheduled for 11.30 am to 7 pm on Thursday (24) and Friday (25).
News
Wrong house targeted in underworld grenade attack: Two children killed
Two children aged 11 and 17 were mistakenly killed and their 55-year-old father injured in an early morning hand grenade attack on Sirisangabo Mawatha on Friday. Police investigations later revealed that the attackers targeted the wrong house during an ongoing underworld clash.
Three police teams have been deployed to investigate the attack, which occurred at around 3 am.
According to police, a man who arrived near the house in a three-wheeler knocked on the front door before throwing a grenade into the premises and fleeing.
The victims were identified as 17-year-old Kasun Rashmika and 11-year-old Duminda Gihan. Their 56-year-old father, Nalin Thusantha Perera, was seriously injured and admitted to the Kalubowila Teaching Hospital.
Police said the injured man’s brother was allegedly a close associate of a drug trafficker known as ‘Sando’ and had also been accused of involvement in drug trafficking.
The brother lives in a house adjoining the one targeted in the attack, and police suspect the grenade may have been thrown at the wrong house.
Police are also investigating information that the attack was allegedly carried out at the direction of several overseas-based drug traffickers, identified as Pandithage Shantha Kumara alias ‘Kos Malli’, Samantha Perera alias ‘Chuwa Samantha’, ‘Kudu Avishka’ and ‘I.D.’
Police said the attack was believed to be linked to an ongoing conflict between two underworld factions, which have targeted each other’s associates in shootings and grenade attacks. More than 20 people have reportedly been killed in such attacks.
Security agencies are also investigating alleged links between one faction and overseas-based criminals including Kanjipani Imran, Unakuruwe Shantha, Dubai Gagana and Handaya.
Security agencies have also received information that overseas-based criminals identified as Kanjipani Imran, Unakuruwe Shantha, Dubai Gagana and Handaya are allegedly behind the supply of firearms and drugs to the faction associated with Kos Malli and Chuwa Samantha.
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