Features
SC judgment on MR, GR, BR, PB and Cabraal
By C. A. Chandraprema
The judgement delivered by a divided five-member bench of the Supreme Court with regard to two fundamental rights cases numbered 195/2022 and 212/2022 filed by several individuals including Mahim Mendis, Chandra Jayaratne, Julian Bolling and the NGO Transparency International has stirred up a political storm. The majority judgment was delivered by Chief Justice Jayantha Jayasuriya, and Justices Buwaneka Aluwihare, Vijith Malalgoda, and Murdu Fernando while Justice Priyantha Jayawardene dissented.
Some of the headlines by which the local English language media carried on the judgement were as follows. I have left out the names of the media outlets concerned.
“Supreme Court finds Rajapaksa brothers guilty over economic crisis”
“Gotabaya Mahinda Basil & others responsible for economic crisis – SC rules”
“Econ. crisis perpetrators: SC majority finds Gota, MR, Basil et al. responsible”
“Supreme Court finds Rajapaksa brothers responsible for economic crisis”
Of all the English language news outlets that I checked, only Reuters got the nuances of the SC judgement right. The Reuters headline said “Sri Lanka’s top court says ex-president among those who contributed to economic crisis”. Even in the body of the Reuters news item on the judgement, they have been careful in reporting on what the petitioners claimed and what the Supreme Court said. However due to the manner in which the majority of the media outlets reported on the judgement, politically interested parties have gone overboard in paroxysms of hatred and triumph. In the aftemath of the SC judgement, there have been calls for the deprivation of civic rights of those named in the judgement, there have been calls to claim compensation from the Rajapaksa brothers and even calls for the dissolution of the Sri Lanka Podujana Peramuna (SLPP).
It is quite clear that those who have been making such calls have not read the 119-page-long majority judgement or the 127-page-long dissenting judgement pertaining to this case. The majority judgement never used the word ‘responsible’. What it stated was that certain named individuals namely, Mahinda Rajapaksa, Basil Rajapaksa, Nivard Cabraal, W. D. Lakshman, S. R. Attygalle, Samantha Kumarasinghe, Gotabaya Rajapaksa, P. B. Jayasundra and the Monetary Board collectively had by their “actions, omissions, decisions and conduct hereinbefore identified to have demonstrably contributed to the economic crisis …”
Scope of judgment
There is a significant difference between saying that someone is ‘responsible’ for a certain situation and saying that someone has ‘demonstrably contributed’ towards a situation. It is obviously this nuance that motivated the majority of the bench to state, “We are of the view that it would not be appropriate to order the respondents to pay compensation to the petitioners and as such we are not inclined to order compensation. We order however that each petitioner in both applications would be entitled to costs in sum of rupees 150,000.00 each.” The parameters within which the majority judgment had been given were stated as follows (quoted verbatim):
· “When we considered these two applications, the main focus was on the economic situation of the country between November 2019 and April 2022”.
· “Many of the respondents argued that the root causes for this debacle spread well beyond this time period and therefore no responsibility could be attributed to these respondents in the manner alleged by the petitioners. They claimed that heavy borrowings of previous Governments and the mismanagement of such funds had a direct impact on the debt sustainability of the country. While we take note of this argument, in considering the responsibility of the respondents, our attention was drawn to the issue as to whether the conduct of the respondents during the relevant period directly contributed to the economic crisis”.
· “In deciding this issue, we are of the view that the respondents ought to have known the factual situation that prevailed when they assumed public office and they should have fashioned their acts and efforts to ensure that the situation is not further aggravated but resolved”.
· “It is common ground that the country’s economy deteriorated not overnight but over a period of time under consideration in the matters before us”.
The above-mentioned passages tell us something that we should not miss. Firstly, the majority of the bench agrees that the economy deteriorated not overnight but over a period of time. Secondly, that the respondents ought to have known the factual situation that prevailed when they assumed public office. Thirdly, the majority of the bench took note of the argument that the ‘root causes for this debacle spread well beyond’ the time period considered in the judgement and that ‘heavy borrowings of previous governments and the mismanagement of such funds had a direct impact on the debt sustainability of the country’. Fourthly, that with regard to this case, ‘the main focus was on the economic situation of the country between November 2019 and April 2022’.
Furthermore, the body of the written judgement shows that in arriving at its conclusion, the SC has taken into account three key issues – the tax reductions in November 2019, the delay in allowing the Rupee to depreciate and the delay in seeking IMF assistance. In a nutshell, what the judgement said about each of these issues is as follows:
Tax reductions
“In November 2019, the new government of President Gotabaya Rajapaksa had reduced taxes. The Inland Revenue Department had estimated the potential loss from tax income resulting from the proposed tax for the year 2020 amounts to Rs. 493 billion. The loss of government revenue due to the measures referred to resulted in an unmanageable budget deficit …. Furthermore, a major adverse consequence that resulted directly from the tax revisions was lowering of the country’s credit rating by the international agencies ….The main impact of such downgrading was the loss of access to capital markets at reasonable costs which resulted in drying up foreign exchange inflows from such sources … the Gross Official Reserves which stood at USD 7,780.08 million as at 31st October 2019 had decreased to USD 5,555 million by November 2020. It had further depleted to USD 2,362 million in January 2022. It is apparent that the continued inaction to reintroduce and/or to raise taxes and regain the government revenue that was lost, brought about an adverse impact on the economy….”
Seeking assistance from IMF
“This was not a straightforward case of assessing the suitability of seeking IMF assistance under normal circumstances but the call to seek IMF assistance was critically relevant given the unique circumstances our economy was placed in. The depleted official reserves; the need to secure foreign exchange on an urgent basis; the reluctance of the other agencies to extend support without an IMF programme were critical factors in deciding whether seeking assistance was in the best interest of the country at the relevant time …. According to the material available a decision to seek assistance from the IMF was ultimately taken by the President on 16th March 2022.”
“Comments and the conduct of the officials of the Central Bank over this period clearly point to the direction that the need to seek assistance from IMF did exist over a period of time and any prudent person who did not act arbitrarily would have foreseen the serious repercussions in the failure to act swiftly to remedy the situation …. Deputy Governor K. M. M. Siriwardane in his comments says that “the little experience I had in working with macroeconomic policy making enabled me to foresee well in advance the economic crisis that the country is experiencing at present. This is the exact reason for me to recommend and emphasize to the MB to approach IMF… The pain to the economy and the people of Sri Lanka would have been less if this decision was taken at least one year ago ….” All factors referred to above clearly establishes that the relevant state organs/officials demonstrated reluctance to reach out to the IMF in the face of the critical situation the country’s economy was facing in spite of the fact there was no other viable alternative.”
Depreciating rupee
“The Monetary Board as well as the Minister had failed to take correct decisions at the relevant time to float the rupee and thereby caused a loss to the Government ….”
“… During the period 2019 and 2021 (especially after March 2020) Sri Lankan economy experienced a drop in foreign remittances by Sri Lankan workers abroad due to the COVID-19 pandemic. There was a significant drop in Foreign Direct Investment and the inflow of foreign earnings from export markets too. As revealed before us, it appears that although the need was to retain the meagre remittances received and create a conducive environment to enhance the inflow, the Finance Ministry and the Central Bank worked towards maintaining the exchange rate at around Rs. 200…”
“… the exchange rate is expected to be an automatic adjuster under the flexible exchange rate regime, but if the exchange rate is to be maintained at a stable rate, then a depletion of reserves would take place as foreign exchange will have to be pumped to the market to meet the demand.”
“… a significant increase in the use of informal methods in transferring money such as Hawala/ Undial by Sri Lankan workers abroad was observed mainly due to the high exchange rates offered in the “Gray market” compared to the exchange rate maintained by the Central Bank ….”
During this period (April 2021 to 7 March 2022) “the Central Bank had sold USD 1,773.8 million and purchased USD 746.2 million from the Domestic Exchange Market, making a net sale of USD 1,027.6 million. This outflow of USD had led to further depletion of the reserves”.
“… a series of discussions had been held with a view to permitting the exchange rate to be determined by market forces, supply and demand of USD, but we note with dismay that no positive steps were taken to implement a ‘moderate method’ to protect the reserves and stem the depletion when the need to do so was felt but waited till the 11th hour to take the decision to float the Sri Lanka Rupee …”
It is due to these three matters – the decision of the respondents to reduce the taxes, the delay in allowing the rupee to depreciate and the delay in seeking the assistance of the IMF that the majority of the bench held that the respondents had ‘demonstrably contributed’ to the economic crisis.
Tomorrow: The dissenting
judgment
Features
The quiet habits behind wealth: Without chasing appearances
by Prof. C. A. Saliya
When people picture wealth, they often imagine luxury cars, large homes and expensive holidays. But financial advisers who work with wealthy clients describe a different picture: people who spend carefully, keep cash aside, invest patiently and understand the risks they take.
A recent Research NZ report, based on interviews with financial advisers, found that many wealthy people are discreet about money. They tend to live within their means, maintain emergency savings, take calculated investment risks and pay close attention to tax and financial structures.
For Sri Lankan families facing high living costs, loan repayments and uncertainty about the future, the lesson is not that everyone must become rich overnight. It is that better financial habits can create greater security over time.
Wealth is often quiet
One of the strongest habits associated with long-term financial stability is controlled spending. Many people with high incomes do not automatically increase their lifestyle every time they earn more. Instead, they decide in advance what they can afford, save consistently and avoid treating every salary increase as permission to spend more.
This does not mean denying life’s small pleasures. It means knowing the difference between a need, a want and a purchase made only to impress others.
In Sri Lanka, where social pressure can sometimes encourage visible spending on weddings, vehicles, clothing or celebrations, this is a difficult but useful principle. A household that earns well but spends everything may look prosperous while remaining financially fragile. By contrast, a family that saves even a modest amount regularly can build options: education for children, a medical reserve, a home deposit or capital for a small business.
The Central Bank of Sri Lanka’s financial-literacy survey found that bank-account ownership is high, but financial behaviour remains a concern. Its later roadmap notes that Sri Lankans show satisfactory financial knowledge compared with other countries, while positive everyday financial behaviour still lags behind.
Knowledge, in other words, is not enough. People also need routines.
Keep an emergency fund before taking bigger risks
The wealthy people described in the RNZ article often kept readily available savings for genuine emergencies and avoided using these funds for ordinary spending.
This is perhaps the most practical lesson for an average family. An emergency fund is not money that “does nothing.” It is money that protects a household from making a desperate decision when illness, job loss, vehicle repairs or an unexpected school expense arrives.
For some, the first target may be one month of essential expenses. Over time, it can be increased. The point is not perfection; it is having a buffer.
Without one, families may turn to costly borrowing, informal lenders or repeated credit-card debt. Research on household finance shows that weak credit knowledge, cross-borrowing and reliance on informal debt can increase the risk of over-indebtedness.
Saving alone may not be enough—but investing requires care
Saving is the starting point, not always the final destination. Money kept entirely in cash or low-return accounts can lose purchasing power over time, especially when prices rise. This is why financially secure people often invest—not recklessly, but with an understanding that long-term returns usually require some level of risk.
The key phrase is calculated risk. That means asking basic questions before investing: What is the business model? Is the institution regulated? How easily can I access my money? What happens if the investment falls in value? Am I being promised unusually high returns? Do I understand where my money is going?
A proper investment plan should not depend on rumours, social-media tips or promises of “guaranteed” profits. It should be diversified where possible—spread across suitable assets rather than placed in a single company, property deal or scheme.
For a young worker, investing may begin with a small, regular contribution. For a business owner, it may mean reinvesting carefully in a viable enterprise. For a family nearing retirement, capital protection and predictable income may matter more than aggressive growth. There is no single plan for everyone.
Debt can build wealth or destroy it

The RNZ article also makes a more controversial point: wealthy people sometimes use other people’s money, through debt or outside equity, to build businesses or buy assets. When investment returns exceed borrowing costs, borrowing can magnify gains. But the reverse is equally true: when returns fall or income is interrupted, debt magnifies losses.
This distinction is crucial in Sri Lanka.
Debt used for a productive purpose—such as a well-researched business, equipment that generates income, or an asset with manageable repayments—can be different from debt used for consumption. Borrowing for status purchases, repeated expenses or a lifestyle beyond one’s income can quickly become a burden.
Before taking a loan, families should calculate the monthly repayment under difficult conditions, not only favourable ones. Could the instalment still be paid if income falls? Is the interest rate fixed or variable? Is there enough emergency savings left after the initial payment? These questions may feel cautious, but caution is often what keeps a financial setback from becoming a crisis.
Pay attention to taxes and paperwork
Another quiet habit of financially successful people is paying attention to tax. They understand that the amount earned is not the same as the amount kept. They keep records, claim lawful deductions where applicable and structure businesses or investments properly.
The quiet habits
For self-employed people and small-business owners, this can be especially important. Clear records of income, expenses, invoices and taxes are not merely administrative chores. They help owners understand whether a business is truly profitable and make it easier to obtain formal finance when needed.
This is not an argument for avoiding tax. It is an argument for understanding the rules, meeting obligations and using legitimate options available under the law. When in doubt, taxpayers should seek advice from a qualified professional.
The human side of money
The most important lesson is that wealth is rarely created by one dramatic decision. It is usually built through repeated small choices: saving before spending, avoiding unnecessary debt, learning before investing, and staying patient when others are chasing quick gains.
A literature review of household finance supports this practical view. Studies consistently associate financial literacy, planning, self-control and budgeting with better saving and investment decisions. At the same time, the research warns that financial outcomes are shaped by income, access to formal financial services and economic conditions—not simply by individual discipline.
That matters in Sri Lanka, where many households are working hard simply to meet daily needs. Advice about wealth should never become blame. Not everyone starts with the same income, family support or opportunity.
But the habits that strengthen financial resilience are available in some form to most people: keep records, build a buffer, question easy-money promises, borrow carefully and make decisions based on long-term goals rather than short-term appearances. (See table)
Wealth may not always look glamorous. Often, it looks like an emergency fund nobody sees, an investment made patiently, a loan avoided, and a family that sleeps more peacefully because it has planned ahead.
(Prof. C. A. Saliya, is a charted accountant, academic, researcher and former banker. He is the author of SAMAJA GAVESHAKAYA and Springer Publication DOING SOCIAL RESEARCH. He can be contacted at saliya.ca@gmail.com. The views expressed in this article are his own and do not necessarily represent those of the organisations with which he is affiliated.)
Features
Tusker Kavantissa’s death exposes Sri Lanka’s wildlife conservation crisis
by Prof. Ranjith Bandara,
Emeritus Professor, University of Colombo
This article examines why community exclusion, excessive bureaucratic control, unequal distribution of conservation benefits, weak institutional accountability, and short-sighted political leadership continue to undermine wildlife conservation in Sri Lanka.
The death of Tusker Kavantissa is more than the loss of one of Sri Lanka’s most remarkable wild elephants. It exposes uncomfortable questions about how we protect our natural heritage, how conservation decisions are made, and why repeated warnings have failed to produce meaningful reforms. His death should compel us to examine not only what happened to one extraordinary animal, but also the deeper weaknesses in our wildlife conservation system.
Tusker Kavantissa, one of Sri Lanka’s most prominent wild tuskers, died on 16 October, 2026, after receiving veterinary treatment for an injury, reportedly caused by gunfire. Although the wound had shown some improvement, his health subsequently deteriorated. The precise cause of death requires confirmation through a proper post-mortem examination. Nevertheless, the circumstances raise serious questions about preventive protection, wildlife management, and institutional preparedness.
The wider picture is equally disturbing. According to recently reported figures, Sri Lanka has lost an average of approximately 402 elephants and 138 people annually, since 2019, due to human–elephant conflict. These figures reflect a continuing national tragedy affecting both wildlife and rural communities.
What Sri Lanka faces today is not merely a wildlife conservation problem. It is also a crisis of environmental governance, shaped by institutional weaknesses, political decisions, and the failure to recognise the economic and social realities of conservation.
Conservation without communities
One of the fundamental weaknesses of our conservation approach is that local communities are often treated as subjects of regulation rather than partners in conservation. They are expected to bear the risks, respect restrictions, and cooperate with government programmes, yet their influence over decisions affecting their lives remains limited.
For rural families living alongside wild elephants, conservation is not an abstract environmental objective. It directly affects their safety, agricultural income, property, and everyday lives.
Farmers frequently possess valuable knowledge about elephant movements, vulnerable locations, seasonal changes, and practical protection measures. Yet conservation interventions are sometimes designed without adequately considering this experience.
When decisions are imposed from above, communities may feel excluded from programmes they are expected to support. This weakens trust, reduces cooperation, and ultimately undermines conservation outcomes.
We must recognise that protecting elephants and protecting farmers are not conflicting objectives. Both are essential. A conservation policy that safeguards wildlife while neglecting human security cannot be considered successful.
The real challenge is to replace conservation imposed on communities with conservation undertaken alongside them. Meaningful participation requires more than consultation meetings. Communities must have a genuine role in planning, implementing, monitoring, and evaluating conservation activities.
Bureaucratic authority versus public accountability
Wildlife conservation requires strong institutions, professional expertise, and effective regulations. However, excessive bureaucratic control can become an obstacle when administrative authority takes precedence over practical outcomes.
Decision-making in Sri Lanka’s conservation system remains heavily dependent on central institutions. Administrative procedures, overlapping responsibilities, and limited coordination can delay responses to urgent problems.
More importantly, excessive centralisation can discourage local innovation and prevent communities from contributing practical solutions.
When administrative authority becomes more important than results, conservation risks becoming an exercise in controlling people rather than protecting nature.
This criticism should not be confused with questioning the dedication of frontline wildlife officers and veterinarians. Many work under difficult conditions with limited resources. The efforts undertaken to save Tusker Kavantissa deserve recognition.
However, individual commitment cannot compensate indefinitely for institutional weaknesses.
We must ask whether our conservation institutions have the capacity to identify risks early, protect vulnerable animals, coordinate emergency responses, and evaluate the effectiveness of their interventions.
Public accountability should, therefore, extend beyond compliance with administrative procedures to measurable conservation outcomes.
Who bears costs, and who receives benefits?
Perhaps the most neglected dimension of wildlife conservation in Sri Lanka is the unequal distribution of its economic costs and benefits.
Wild elephants contribute substantially to tourism, biodiversity, cultural heritage, and the country’s international image. Their conservation generates benefits enjoyed by society as a whole.
Yet the financial and personal costs are concentrated among rural communities living within elephant habitats.
A study published in 2023, involving 300 farming households in southern Sri Lanka, revealed a striking imbalance. Although these households lived near two national parks, none received economic benefits from tourism. Meanwhile, 57 percent had experienced elephant-related crop damage.
The findings raise a fundamental economic question: if the entire country benefits from elephant conservation, why should a relatively small and vulnerable section of society bear a disproportionate share of its costs?
Conservation cannot remain economically sustainable when its benefits are widely enjoyed but its costs are concentrated among those least able to bear them.
A separate study, published in 2024, involving 439 affected farming households, examined the possibility of financing compensation through tourism revenue. It demonstrated the potential for tourism-based financial mechanisms to support human–elephant coexistence.
The policy implications are significant
A proportion of wildlife tourism revenue could be directed towards affected communities through transparent benefit-sharing arrangements. Such measures could support compensation, village protection, local employment, community enterprises, and agricultural improvements.
However, financial compensation alone is insufficient. The 2023 study also indicated that fear of elephants and concerns about crop damage strongly influenced community attitudes. People must feel safe in their homes and farms, not merely receive payment after suffering losses.
Equitable benefit-sharing is, therefore, more than an act of generosity. It is an economic and social requirement for sustainable conservation.
Political decisions and absence of long-term vision
The weaknesses in wildlife conservation cannot be attributed solely to public officials. Political leadership must accept its share of responsibility.
Poor land-use planning, habitat fragmentation, obstruction of elephant movement corridors, and development decisions that inadequately consider environmental consequences have contributed to human–elephant conflict.
Political decisions made for immediate gains can create environmental and economic costs lasting for decades.
Another weakness is the preference for visible, short-term interventions.
Constructing electric fences, relocating elephants, and launching emergency operations can attract considerable publicity. However, such interventions should be evaluated according to their effectiveness, not their visibility.
Political leadership should be judged not by the number of conservation programmes announced, but by the lives protected, conflicts prevented, and long-term improvements achieved.
There is also a serious problem of policy continuity. Conservation cannot be governed according to electoral cycles or changing political priorities.
Elephant habitats, migration patterns, and ecological processes do not change with governments. Successful conservation, therefore, requires consistent national commitments extending beyond individual political administrations.
Without such continuity, public investment may be wasted while the underlying problems remain unresolved.
Problem is not always a lack of policy
Sri Lanka’s conservation crisis cannot be explained simply by a shortage of scientific knowledge or policy recommendations.
In many instances, the greater challenge lies in translating available knowledge into coordinated, adequately funded, and politically supported action.
The National Action Plan for the Mitigation of Human–Elephant Conflict, prepared in 2020, proposed a science-based approach that emphasised community participation, protection of villages and agricultural land, and more effective conflict-management strategies.
Yet an important question remains: how much of this plan has been implemented successfully?
Have implementation difficulties arisen from inadequate resources, weak institutional coordination, administrative resistance, or insufficient political commitment?
An independent assessment of the plan’s implementation would help identify these obstacles and establish clear responsibilities.
We must also recognise that a substantial proportion of Sri Lanka’s wild elephants live outside protected areas. Attempting to confine all elephants within national parks and forest reserves is, therefore, neither realistic nor sustainable.
Effective conservation requires land-use policies informed by elephant ecology, settlement patterns, agricultural needs, and the practical realities of human–wildlife coexistence.
A sound policy that remains largely unimplemented offers little protection to either elephants or people.
Towards more responsible conservation system
Sri Lanka needs a fundamental change in how wildlife conservation is governed.
Four priorities deserve immediate attention.
First, local communities must become genuine partners in conservation management, with meaningful responsibilities and decision-making opportunities.
Second, conservation benefits must be distributed more fairly. Wildlife tourism should contribute directly to protecting the livelihoods and safety of communities that bear conservation costs.
Third, existing national conservation plans should be independently reviewed to identify implementation gaps and establish a realistic timetable for corrective action.
Fourth, conservation institutions must become more accountable for measurable outcomes, including reductions in human deaths, elephant mortality, crop losses, and property damage.
These reforms require cooperation among wildlife, forestry, agriculture, land, irrigation, and local government institutions.
They also demand political leadership willing to prioritise long-term results over short-term publicity.
For exceptional animals, such as Tusker Kavantissa, improved risk monitoring, preventive protection, and timely veterinary responses are particularly important. However, conservation should not be limited to protecting a few well-known animals.
Every wild elephant has ecological value, just as every person living alongside elephants has an equal right to safety.
The objective must be a system that protects both.
Lesson tusker Kavantissa leaves behind
The death of Tusker Kavantissa should not become another moment of national sorrow that gradually fades from public memory. It should mark a turning point in how Sri Lanka approaches wildlife conservation.
A proper investigation into his death is essential. Equally important is an honest examination of the conservation system within which such tragedies continue to occur.
The real challenge is not choosing between people and elephants. It is creating a system in which both can coexist safely, and where the responsibilities, costs, and benefits of conservation are shared fairly.
This requires more than scientific expertise and stronger regulations. It demands accountable institutions, meaningful community participation, economic fairness, and political leadership guided by a clear long-term vision.
Our greatest failure would not be the loss of Tusker Kavantissa alone. It would be allowing the same weaknesses in our conservation system to claim more lives while we continue to avoid the reforms that could prevent them.
Features
Equality before the Law as foundation of Sri Lanka’s recovery
by Jehan Perera
The government appears set to overcome the first major challenge to one of its foundational principles. It has faced down demands from sections of the Buddhist clergy and opposition parties to release Ven. Galagodaatte Gnanasara from his prison sentence for contempt of court.
Ven Gnanasara is best known as the general secretary of the Bodu Bala Sena, a nationalist Sinhala grouping. The government seemed unfazed by a protest march organised by Buddhist monks and the opposition parties and its supporters organised an even bigger march to support the government’s position. It is notable that the general population did not get involved in either march in any substantial number. The issue has now become a test of whether the government will uphold its commitment to apply the law equally, irrespective of a person’s position or status, even when doing so brings it into conflict with a powerful constituency.
The case has a specific legal history. Ven. Gnanasara was sentenced to six years’ imprisonment by the Court of Appeal in 2018 for contempt of court in a case involving former military personnel where he disrupted the proceedings. The Supreme Court rejected his appeal in 2018. Former President Maithripala Sirisena subsequently granted him a presidential pardon in 2019. Last month, the Supreme Court invalidated that pardon. The initial demand by Buddhist monks and their lay supporters was that Ven. Gnanasara should be permitted to wear his Buddhist robes when appearing in public before the courts. The government has indicated its willingness to examine the procedures governing the treatment of Buddhist monks in prison, in consultation with the relevant religious authorities. However, the initial demand has now been escalated into a demand for a presidential pardon.
One of the central promises of the National People’s Power (NPP) during its election campaign two years ago was to apply the law equally to all. This commitment has shaped the government’s approach to allegations of corruption and criminality involving individuals who previously wielded political power. The NPP government was swept into power on a wave of antipathy towards those in previous governments who were perceived to have abused their positions for private gain. The economic collapse Sri Lanka experienced in 2022, and the hardships endured across society, remain vivid in the public memory. The past two years have seen the government pursuing those accused of corruption and other offences. Several high-ranking members of previous governments have faced arrest and legal proceedings and been sentenced to jail.
Religious Concerns
The ability of opposition parties to mobilise widespread resistance against proceedings involving their leaders has been limited, as much of the general population continues to favour accountability for past financial crimes. However, the case of Ven. Gnanasara is different. It does not concern allegations of financial corruption, but the relationship between religious authority, the courts and the law of the land. This is where the distinction between respecting religious traditions and upholding the law becomes crucial. There is a sense among sections of the general population that Buddhist monks should not be treated on a par with others and that requiring Ven. Gnanasara to appear in court without his robes was unjust and contrary to the national ethos. Such sentiments reflect the special place Buddhism occupies in Sri Lanka’s history and society. Sinhala Buddhist nationalism has been a potent political force throughout the country’s history, drawing on a heritage that extends back more than two millennia. The question is whether respect for Buddhism needs to also entail the exemption of individual monks from the ordinary requirements of the law and thereby treat them differently.
The challenge would be to accommodate legitimate religious concerns through rational and lawful procedures without allowing religious status to become a source of legal privilege. The government has been amenable to addressing the issue of monastic robes, but has so far resisted the demand to release Ven. Gnanasara through a new pardon. President Anura Kumara Dissanayake and government members have made it clear that the government would not bend the law to accommodate any individual. They have taken the position that any shortcomings in existing rules should be addressed by changing the rules through proper procedures, rather than by making an exception for a particular individual. If the government holds its position, it will demonstrate that its commitment to the rule of law extends even to constituencies that have historically enjoyed considerable political influence.
This is important not only for the country’s democratic institutions but also for its economic future. Sri Lanka is seeking to recover from its economic collapse and establish the foundations for sustained growth. The International Monetary Fund’s analysis of Sri Lanka’s governance weaknesses has repeatedly emphasised the economic costs of corruption and institutional deficiencies. Its 2024 analysis of governance and growth concluded that comprehensive and coherent reforms could bring significant macroeconomic benefits. The IMF’s 2025 assessment also highlighted the importance of sustained governance reforms in unlocking the country’s growth potential. Investors, both domestic and foreign, need confidence that public institutions function according to predictable rules, that contracts and property rights are protected, and that political connections or social status will not determine how the law is applied.
Sensitive Issue
Sri Lanka has long sought the leap towards prosperity that has proved elusive under successive governments. Economic reform alone will not achieve it. The connection between the rule of law and economic prosperity is direct. Businesses are more likely to invest when they can expect disputes to be resolved fairly, public resources to be managed transparently and regulatory decisions to be made on rational grounds. No country can achieve a durable economic take-off if its institutions are perceived to operate according to political favour, inherited privilege or communal pressure. Sri Lanka cannot afford to return to a political culture in which powerful interests are shielded from accountability while ordinary citizens bear the costs.
Changing a political culture that has evolved over the decades if not centuries is a difficult undertaking, particularly in a country where political leaders have long relied on religious and communal identities to consolidate their support. It requires not only firmness but also sensitivity, dialogue and a willingness to reform laws and institutions where genuine deficiencies exist. The present controversy offers an opportunity to demonstrate that these objectives need not be in conflict. The government can respect the Buddhist clergy’s concerns about the treatment of monks in prison while refusing to grant an individual an exemption from a judicial sentence. It can recognise the importance of Buddhism to the country while maintaining that no religious or political authority stands above the law.
The question is whether national traditions and ethos are interpreted in ways that strengthen justice, responsibility and social harmony, or invoked to defend privileges that undermine them. The country needs a transformation in public expectations from privilege to accountability, from communal claims to equal citizenship, and from personal discretion to institutions governed by law.
The government’s handling of the case involving Ven. Gnanasara is therefore about more than one monk or one sentence. This particular case will determine whether the government can build a system in which no government, religious authority or politically influential individuals can place themselves beyond the law. A just society must be able to honour both its traditions and its commitment to equality before the law.
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