Features
SCANDALIZING THE COURT – A Non-Existing Offence
by Dr Nihal Jayawickrama
A private member’s Bill was presented on July 20, 2021 by Mr. Champika Ranawaka, MP., under the title: “Contempt of Courts”. Its long title describes it as “A Bill to define and limit the powers of certain courts in punishing contempt of courts and to regulate their procedure in relation thereto”. Despite its declared objective, its effect, if enacted, will be to expand the powers of judges to punish citizens for offences that no longer exist. It is also calculated to create confusion among judges, lawyers, and the public.
The Bill divides contempt of court into civil contempt and criminal contempt and proceeds to define these two forms of contempt. That task has already been performed. For example, Article 111C of the Constitution makes it an offence for any person to “interfere or attempt to interfere with the exercise or performance of the judicial powers or functions of any judge”. That offence, according to the Constitution, is punishable by the High Court, on conviction after trial, with imprisonment which may extend to one year or with fine, and disqualification from being an elector for a period not exceeding seven years.
The Judicature Act has already conferred on every original court a special jurisdiction to punish with the prescribed penalties every offence of contempt of court committed in the presence of the court itself, and all offences which are committed in the course of any act or proceeding in such courts, “and which are declared by any law for the time being in force to be punishable as contempt of court”. These offences, some of which are defined in the Civil and Criminal Procedure Codes, include the failure to answer interrogatories or to produce a document, or to refuse to give evidence. The Bill, by seeking to trespass into fields already dealt with under the law, will only create confusion and uncertainty.
It is, however, in respect of what the Bill describes as “criminal contempt” that it seeks to re-introduce into Sri Lanka the archaic English common law offence of “scandalizing the court” notwithstanding that it has now been abolished in England by statute. The Bill describes that offence as “the publication (whether by words, spoken or written or by signs or by visible representations, or otherwise) of any matter or the doing of any act whatsoever which scandalizes or tends to scandalize or lowers or tend to lower the authority of any court”. As far back as 1983, in Hewamanne v. Manik de Silva, Mr. Justice Parinda Ranasinghe observed thus:
The modern approach in regard to this category of contempt of court seems to be heavily in favour of the courts being content to leave to public opinion attacks or comments derogatory or scandalous to them and to rely on their conduct itself to be their own vindication.
In England, the common law offence of “scandalizing the court”, while still being in force, had not been applied by any court since 1931. Lord Denning explained why:
Let me say at once that we will never use this jurisdiction as a means to uphold our own dignity. That must vest on surer foundations. Nor will we use it to suppress those who speak against us. We do not fear criticism, nor do we resent it. For there is something far more important at stake. It is no less than freedom of speech itself.
In 1970, Lord Salmon observed that to claim that “scandalizing the court” is a form of contempt was both unfortunate and misleading.
“This archaic description of these proceedings as ‘contempt of court’ suggests that they are designed to buttress the dignity of the judges and to protect them from insult. Nothing could be further from the truth. No such protection is needed. The sole purpose of proceedings for contempt is to give our courts the power effectively to protect the rights of the public by ensuring that the administration of justice shall not be obstructed or prevented.”
In the Constitutional Court of South Africa, Justice Sachs observed that the words “scandalizing” and “disrepute” belonged to an archaic vocabulary:
“They evoke another age with other values, when a strong measure of awe and respect for the status of the sovereign and his or her judges was considered essential to the maintenance of the public peace. The problem is not simply that the nomenclature is quaint but that it can be misleading. The heart of the offence lies not in the outrage to the sensibilities of the judicial officers concerned but the impact that the utterance is likely to have on the administration of justice. . . There might be a link between the repute of the judiciary and the maintenance of the rule of law. But it would be a mistake to regard them as synonymous. Indeed, bruising criticism could in many circumstances lead to the improvement in the administration of justice. Conversely, the chilling effect of fear of prosecution for criticizing the courts might be conducive to its deterioration. . . Criticism, however robust and painful, is as necessary as ever.”
In 2013, in England and Wales, by the Crime and Courts Act, Parliament abolished the common law offence of “scandalizing the court” as a form of contempt. Consequently, under English law today, contempt committed “in the court itself” includes only such acts as disobeying or ignoring a court order; shouting in court; or refusing to answer a question put to a witness by the court. Contempt committed “elsewhere” includes publicly commenting on a pending case by declaring on social media that a person is guilty or innocent; referring to a person’s previous convictions; naming someone the judge has allowed to be anonymous; naming victims, witnesses and offenders under the age of 18; naming sex crime victims; or sharing any evidence or facts about a case that the judge has said cannot be made public.
It is unfortunate that when Ranjan Ramanayake was charged with contempt of court in 2017 with having made a statement outside Temple Trees to the effect that “Majority in Sri Lanka are corrupted Judges, corrupted lawyers”, and a Rule was served on him by the Supreme Court at the instance of two members of the public, the Attorney-General who appeared at the 11-day trial which resulted in his “conviction” and a sentence of four years rigorous imprisonment, and expulsion from Parliament, did not bring it to the notice of the Court that the common law offence of “scandalizing the court” with which he was charged had already been abolished in England by Act of Parliament, and was therefore no longer an offence punishable in Sri Lanka. Since it was in force in Sri Lanka only by reason of it being part of the common law of England (and therefore part of the “unwritten law” of this country), its abolition in England resulted in it being no longer part of the “unwritten law” of Sri Lanka.
It is this universally condemned offence that the private member’s Bill seeks to re-introduce into the Sri Lankan legal system, together with another extraordinary provision which states that “a judge, magistrate or other person acting judicially shall also be liable for contempt of his own court or of any other court in the same manner as any other individual is liable”!!!
Features
The Digital Underground
Illegal Foreign Exchange, Undiyal, Hawala and Money Laundering, A Four-Part Investigative Series
Forex Platforms, Cryptocurrency, AI and the New Financial Battlefield
THE INVISIBLE FINANCIAL EMPIRE – PART III
The Boyfriend Who Was Never Real
Priya, a 34-year-old professional in Colombo, met “David” on LinkedIn. He claimed to work in fintech in Singapore. For six weeks they exchanged messages daily, about work, about life, about a recent trip he had taken to the Maldives. Eventually, the conversation turned, gently and naturally, to money.
“I’ve been trading on this platform, let me show you,” he said, sharing a screenshot of a sleek trading dashboard showing consistent, impressive returns.
Priya invested a small amount first, $500. Within days, her dashboard showed it had grown to $650. She withdrew $100 successfully, just to test it. It worked. Encouraged, she invested more. Then more. Over two months, she transferred a total of $42,000 into the platform.
When she tried to withdraw her full balance, the platform demanded a “regulatory release fee” of $8,000 before funds could be unlocked. She paid it. Then another fee appeared. Then the platform stopped responding altogether. “David” vanished. The trading dashboard, the customer support chat, the entire brokerage, all of it had never been real.
This is what investigators now call “pig butchering”, and, in 2026, the most disturbing development is not the scam itself, which has existed for years, but what now powers it: artificial intelligence has industrialised the entire operation.
From Manual Fraud to Machine-Generated Deception
For most of the past decade, romance-and-investment scams, like the one that targeted Priya, required enormous manual labour. Scam operations, many of them staffed by trafficked workers held against their will in compounds across Myanmar, Cambodia, and Laos, needed real humans to build relationships with victims over weeks, manage fake trading platforms, and respond convincingly to questions.
That labour-intensive model has now been substantially automated. According to financial-crime researchers tracking this shift through 2026, threat actors are standing up entire AI-generated “brokerage” experiences end-to-end, complete with KYC onboarding, branded customer-service chat, animated portfolio dashboards, and falsified live market data feeds, and operating them at industrial scale against multiple victims simultaneously. Generative-AI relationship managers now front the WhatsApp and Telegram conversations that once required real human scammers. AI-cloned regulator letters are generated on demand to justify the fake “release fees” that drain victims a final time before the platform disappears.
What has changed is not the deception itself, it is the production economics. The cost of running a credible synthetic brokerage against one additional victim has collapsed, meaning a single criminal network can now run hundreds of “Davids” simultaneously, each one indistinguishable from a genuine fintech professional until it is too late. (Figure 01)

Sri Lanka: From Victim Pool to Operating Base
Sri Lanka’s relationship to this global scam economy has shifted in an alarming direction over the past two years. The country is no longer only a source of victims, it has become an operating base for the criminal networks themselves.
In April, 2026, Sri Lankan police raided a five-star hotel property, in Ambakandavila, and arrested 150 individuals, including 133 Chinese nationals, 13 Vietnamese nationals, and one Malaysian national, allegedly running a cyber fraud centre with links to international criminal syndicates, based in Myanmar and Cambodia. Investigators say the operation followed a now-familiar regional pattern: recruiters advertise “online marketing” or “data entry” jobs on social media to lure foreign workers to Sri Lanka, confiscate their passports on arrival, and force them to operate scam campaigns under threat.
The Central Bank of Sri Lanka has formally flagged pig-butchering scams as a “developing threat,” warning that foreign scam networks are increasingly targeting overseas nationals through scam farms operating from Sri Lankan soil. A 2026 United Nations report estimated that at least 300,000 people have been trafficked into scam centres across Southeast Asia.
This is not an abstract international problem. It is unfolding in hotels and rented properties across the country, exploiting the same infrastructure, high-speed internet, affordable accommodation, accessible tourist visas, that Sri Lanka has built to attract legitimate digital businesses and tourists.
Where the Money Actually Goes: The Stablecoin Pipeline
Behind every successful pig-butchering scam sits a laundering pipeline that has been transformed almost as dramatically as the scams themselves, and the transformation has a single dominant feature: stablecoins.
According to the Financial Action Task Force’s March 2026, report, drawing on analysis from blockchain intelligence firms Chainalysis and TRM Labs, stablecoins accounted for 84% of the USD 154 billion in illicit virtual asset transaction volume recorded in 2025, the highest share ever observed, and a dramatic jump from just 15% only a few years earlier. TRM Labs separately found that illicit entities received USD 141 billion in stablecoins, in 2025 alone, the highest level observed in five years. (See Table 01)

The scale of state-level abuse is striking. A Russian sanctions-evasion network built around the ruble-pegged stablecoin A7A5 processed more than USD 72 billion in total volume in 2025.
Fighting Fire with Fire: AI on the Defensive Side
The same artificial intelligence reshaping financial crime is also, out of necessity, reshaping the defence against it. Legacy anti-money laundering systems, built on static, rule-based thresholds, have proven badly outmatched by AI-generated fraud operating at machine speed. Research cited by compliance technology analysts suggests that between 90% and 95% of alerts generated by legacy AML systems are false positives, consuming enormous investigator time while genuinely suspicious activity slips through.
This is not a frictionless transition. AI models are notoriously difficult to explain to regulators and examiners in the way traditional rule-based systems are. The practical compromise emerging across the industry is a hybrid model: AI handles the initial scoring and prioritisation of risk, while documented rule-based logic still governs the final decision that must be defensible to a regulator.
The Regulatory Response: Catching Up to the Digital Frontier
Regulators worldwide have begun moving to close the most dangerous gaps exposed by this digital transformation of financial crime. (See Table 02)

What Comes Next
We have now traced this investigation from the centuries-old mechanics of Hawala and Undiyal, through the three-stage architecture that turns criminal proceeds into apparently legitimate wealth, to the AI-generated frontier of digital financial crime reshaping all of it at machine speed.
In our concluding instalment, Part IV: “Sri Lanka at the Crossroads: Economic Consequences, Organised Crime and the Road Ahead”, we bring this series home. We examine precisely what all of this costs Sri Lanka in hard economic terms: lost remittances, exchange rate pressure, tax revenue forgone, and the 2026 FATF evaluation that will determine whether the country’s institutions can demonstrate, with evidence rather than legislation alone, that they are equal to this challenge. We close with a practical policy roadmap.
(The writer, a senior Chartered Accountant and professional banker, is Professor at SLIIT, Malabe.
Views expressed in this article are personal.)
Features
‘There are no private universities in Sri Lanka’ – some considerations for higher education reform
Academics involved in education policy like to say that there is no such thing as a private university in Sri Lanka. The only ‘universities’ in the country are state universities; anything else offering degrees is a private higher education institution (HEI). This position is technically accurate. Yet, in the discourse and imagination of the public, private universities are very real – people teach in them, students register in them, families pay fees, and such degree holders enter job markets in Sri Lanka and outside.
For decades, activists concerned for public higher education have ignored or resisted looking at private HEIs, as if such scrutiny would taint them. Others have worked in both types of institutions, carrying practices from each to the other. The apex body governing state universities, the UGC, has, meanwhile, ignored the concept of conflict of interest and appointed individuals in private higher education in committees and leadership positions. It is unsurprising then that some of the ideologies informing private higher education appear in reform agendas in the state sector.
This is a good time then to consider the varying types of private HEIs around us, and to take a look at some of the issues within them in the hope that higher education reform agendas will include private, as well as state higher education.
What is a ‘private university’?
First, some clarifications. In the public imaginary, a ‘private university’ is typically an institution that provides a foreign or local degree for which the student makes a payment. But this broad classification encompasses a host of diverse institutions and types of degrees which I detail below.
The Non-State Higher Education Division (NSHE) of the Ministry of Education has recognised 295 degrees by 32 institutions. Most of these are private companies and include a handful of established, well-known private HEIs that are ‘university like’. The degrees are local degrees conferred by the institutions accredited by the NSHE Division. While private HEIs conferring local degrees must be accredited by the NSHE Division, there appears to be no legal consequence for not doing so. In addition, there are several permutations of the private degree that miss the net of this Division and the Standing Committee on Accreditation and Quality Assurance (SCAQA) that assists this Division.
For one, degrees conferred by foreign universities offered, via these same private HEIs, are not vetted by the NSHE Division. Secondly, there is a growing plethora of private HEIs which have either no physical presence locally or only a dubious presence. The University Grants Commission has notified the public, through their website, that foreign universities listed in the Commonwealth Universities Yearbook and the World Higher Education Database are recognised, but refrained from giving any other details – which degrees? Offered by what modes? These details are not known. Some of the foreign universities in the lists may be legitimate entities in their own land but the degrees conferred locally, in their name, may not adhere to curriculum or teaching specifications of the NSHE Division or the UGC.
Another troubling phenomenon is the ‘top up degree’, which appears to work on the same principle as that of a pre-paid mobile connection: if I have a Diploma or an HND of a sort, I am eligible to complete a course of study which provides me with a degree, usually from a foreign university. The idea that someone who does not initially qualify for a degree programme should be able to work their way towards one is a progressive notion. This is the concept that open and distance learning (ODL) was based on initially, but which is now sadly exploited. ODL models are expected to provide opportunity for learning for those who may be excluded from traditional learning institutions. In Sri Lanka, however, we have seen ODL become a marketplace offering easy to obtain, for-fee qualifications by institutions with little commitment to superior teaching and learning.
Finally, a perusal of the many types of private HEIs and their varied degrees bring to mind another question – how should the private degrees, provided by state institutions (that are not educational institutions), be regulated? Who should do so?
All of these create a host of problems for the public – for hopeful students and parents and trusting employers. For the higher education sector, recruitment of academic staff, too, has become difficult due to this plethora of ambiguous higher education qualifications, as I discussed in a previous Kuppi article (‘Recruiting academics to state universities’).
Some issues in private HEIs – a bellwether for change in state universities
In this second part of this article, I will discuss some aspects of work in private HEIs – albeit the more established institutions – given that such issues may appear in reform agendas in future.
Across state universities, all permanent staff of a specific category are paid according to the same criteria. The picture is not so clear when it comes to private HEIs since they are different entities legally, typically companies. Private HEIs have salary scales and financial incentives that are different to each other. The more established private HEIs reportedly have attractive renumeration packages, possibly a reason for academics of state universities migrating eagerly to such institutions during sabbatical years and on retirement. This may not of course be the case with other less established, or improperly registered HEIs of which we know little. Academic staff of these more accepted private HEIs seem to value the high financial remuneration they receive (in comparison to state universities) as something that makes their work rewarding.
Attractive remuneration is important to sustain the good life and is at times seen as the institution’s way of encouraging good work. Yet, this has implications for the future of the institution: to continue to deliver on promised financial packages, institutions must continue to have large profit margins. One strategy has been to enroll multiple cohorts of students per year, even up to three or four intakes per year. This can result in exploitative work conditions, since staff must cater to all these cohorts in that same year. If there is inadequate staff, employees are further burdened. On the other hand, if there is a sudden drop in enrolments (degrees can go out of fashion) unexpected layoffs occur. Similar to other sectors that employ short-term contract staff – including state universities – in private HEIs, too, individual teachers, who are on short term contracts that need regular renewal, can feel pressured to work under difficult or exploitative conditions.
At the same time, even in the more established private HEIs, work norms differ from those of state universities in that they include promotional work that keeps the institution’s name in the eye of the public. The Marketing (or similarly named) unit comes up in conversations as one of the most important departments. It appears to weigh in on decision-making related to the number of staff, the amount of re-sits per exams, and other pedagogically important matters. This is a worrying example of how financial rationales interfere with pedagogically or academically sound processes, resulting in problematic results in the classroom. On the plus side, junior colleagues, who had experience in both state and private HEIs, also felt that they faced less harassment in private HEIs – primarily due to the private HEIs ability to take swift action in reported cases of harassment. This is a real indictment on state institutions and their reluctance to address chronic issues of harassment in our universities.
Yet, while we hear much about problems in state universities, we hardly hear of problems that staff in private HEIs face. One rationale for a lack of public expressions by staff is that expressions of discontent might lead to trouble given the importance of reputation for private HEIs. The worry about reputational damage is a growing concern in state universities, too, as evidenced by social media policies and internal conversations on reputational damage, consequent to negative publicity. Institutional worries of reputational damage are harmful in the long run since these impact not only freedom of expression by student and staff, but also research that is possible in and about the education sector.
Some thoughts at the end…
A close look at the private higher education sector is important given its strong presence in the country. Impending reform needs to regulate this diverse array of higher education offerings in the private sector, as well as the state institutions that offer privately-funded options of higher education (a topic for a separate Kuppi on its own). It is time we carefully considered how to build a whole system of higher education out of this broken mess.
Kaushalya Perera is a senior lecturer at the University of Colombo.
Kuppi is a politics and pedagogy happening on the margins of the lecture hall that parodies, subverts, and simultaneously reaffirms social hierarchies.
Features
Ready for solo spotlight
Singer Nish Peiris is set to take the next big step in her music journey.
The talented vocalist, who has been seen and heard in the scene here for a short while, and was also featured with the now-defunct band, Inner Vision, has announced that she will be fully committing to her solo career, after completing her degree this year.
“I’m finishing my degree this year, and after that I’ll be fully committing to my solo music career,” Nish told The Island.
“I’ve already got a few tours lined up for next year, so I’m really excited for what’s ahead.”
Fans, no doubt, will remember Nish for her smooth voice and stage presence, and the good news is that she is now ready to chart her own path and bring new music to audiences at home and abroad.
With tours already planned for 2027, the year 2026 promises to be an exciting year for the young artiste as she steps into the spotlight on her own.
We wish Nish every success in this new chapter!
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