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Midweek Review

Supreme Court stands tall

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The Wickremesinghe-Rajapaksa government ignored concerns raised by both local and international organizations. The Commonwealth Lawyers Association (CLA), the Commonwealth Magistrates’ and Judges’ Association (CMJA) and the Commonwealth Legal Education Association (CLEA) declared their concerns over the government’s refusal to comply with the SC court order to release the funds allocated by Parliament for local elections. They also raised the subsequent referral by Speaker Mahinda Yapa Abeywardena of the three Supreme Court Judges responsible for the decision to the Parliamentary Committee on Ethics and Privileges. But, the arrogant political apparatus turned a blind eye to such concerns.

By Shamindra Ferdinando

None of the Supreme Court justices namely Preethi Padman Surasena, Janak de Silva, and Priyantha Jayawardena, PC, who had heard the petitions against the postponement of the Local Government polls, early last year, represented a five-judge bench that delivered the final order last week. Jayawardena retired in the last week of February this year.

The SC held that President Ranil Wickremesinghe, in his capacity as the Finance Minister, violated fundamental rights of the people, guaranteed in terms of Article 12(1) and 14(1)(a) of the Constitution. The SC also found fault with the Attorney General and the Election Commission.

Had the government adhered to the March 3, 2023, directive that funds necessary for the conducting of the LG polls be allocated without delay, it could have averted the stunning blow just weeks away from the first post-Aragalaya national election.

The SC bench that gave the unprecedented order, in respect of political party leader and executive president, comprised Chief Justice Jayantha Jayasuriya, PC, Justices Vijith Malalgoda, PC, Murdu Fernando, PC, Gamini Amarasekara, and Yasantha Kodagoda, PC. Let me mention the full list of Supreme Court justices, CJ Jayantha Jayasuriya, PC, Murdu Fernando, PC, Preethi Padman Surasena, S. Thurairaja, PC, E.A. G.R. Amarasekara, Yasantha Kodagoda, PC, A.H.M.D. Nawaz, Kumudini Wickremasinghe, A.L. Shiran Gooneratne, Janak de Silva, Achala Wengappuli, Mahinda Samayawardhena, Arjuna Obeyesekere and K. Priyantha Fernando.

Altogether four parties, the main Opposition Samagi Jana Balawegaya (SJB), Jathika Jana Balawegaya (JJB), Centre for Policy Alternatives (CPA) and People’s Action for Free and Fair Elections (PAFFREL) moved the SC against the refusal on the part of the Wickremesinghe-led government to hold scheduled polls. The PAFFREL spearheaded civil society efforts to pressure the government.

With the Ninth Presidential Election just four weeks away, the SC order couldn’t have been delivered at a far worse time for the incumbent President accused of circumventing apex court interim orders in respect of petitions filed against IGP Deshabandu Tennakoon and private consortium IVS-GBS and VFS Global dealing with visa issuance.

The SC’s response to threatening moves made by a section of the parliament at the behest of President Wickremesinghe with regard to the interim order given by justices Preethi Padman Surasena, Janak de Silva, and Priyantha Jayawardena has proved the failure of the disgraceful political project.

Obviously, government strategists failed to comprehend how their game plan could end. No one in Wickremesinghe’s camp would have envisaged the devastating outcome of the LG polls petitions, especially after being blinded by mistakenly thinking that the presidential powers they thought they had could help them to bulldoze their way through anything. RW may have also been emboldened by the kid glove treatment he got at the Bond Presidential Commission probe earlier.

It would be pertinent to mention that the major beneficiaries of the SC order are SJB candidate Sajith Premadasa and JJB candidate Anura Kumara Dissanayake as the Sept. 21 presidential contest is widely believed to be among them and the incumbent President.

The devastating SC order severely embarrassed the Wickremesinghe camp, particularly the rebel SLPP parliamentary group that blindly pledged support to the UNP leader, possibly fearing another foreign-backed sinister Aragalaya worse than what they experienced in 2022, or to save their political life. Examples are aplenty if we look around at what happened to our neighbours Pakistan and Bangladesh. They can’t repeat their success that easily in Myanmar as China is keeping a close watch. How would Foreign Minister Ali Sabry, PC, who also holds the Justice portfolio, responds to the developing situation?

Govt. issues warnings

Close on the heels of the interim SC order on March 3, 2023, Attorney-at-Law Premanath C. Dolawatta, who had identified himself as family lawyer of the Rajapaksas, strongly criticized the apex court with regard to the directive issued to the Finance Secretary Mahinda Siriwardana and then Attorney General Sanjay Rajaratnam, PC.

Acting at the behest of President Wickremesinghe and the SLPP parliamentary group, first time entrant to Parliament Dolawatta, in spite of being a lawyer, alleged on March 07 that the SC order violated powers and privileges of Parliament. The SLPP National List MP argued that the SC interim order interfered with Article 43 (1) read with Article 148 of the Constitution thereby seeking to undermine parliamentary control over public finance. Without hesitation, the politician targeted one of the three justices. Declaring that the interim order violated the principle of natural justice, MP Dolawatta alleged: “One of the learned Judges who issued the interim order is related to a petitioner in a similar case being heard before the other bench of the Supreme Court. The learned Judge has not disclosed the relationship, nor has he recused himself from the case.”

MP Dolawatta couldn’t have been unaware of the outcome of the petitions filed against the postponement of the LG polls. But, the MP had no option but to condemn the Supreme Court, regardless of the consequences. That decision, obviously being taken at the highest level, at the end not only caused embarrassment to the President but the entire Parliament as well.

Three days after lawmaker Dolawatta’s controversial declaration, State Finance Minister Shehan Semasinghe stepped up attacks on the SC. Lawmaker Semasinghe asked Parliament to disregard the SC’s interim order until the Ethics and Privileges Committee dealt with the issue. The SLPPer demanded that a letter sent by the Elections Commission to the Finance Ministry consequent to the SC directive, too, be referred to the Ethics and Privileges Committee.

The Wickremesinghe-Rajapaksa government worked overtime to sabotage the LG polls. PAFFREL questioned the combined efforts made by President Wickremesinghe and Premier Dinesh Gunawardena to influence the then Election Commission. The government involved the then AG Rajaratnam in its efforts and the whole political project later exploded in the wake of President’s failed bid to grant a six-month extension to the official.

In spite of declaring its intention to summon Preethi Padman Surasena, Janak De Silva, and Priyantha Jayawardena, PC, the government lacked the political will to go the whole hog. The Opposition lambasted the government over the contentious move.

The government acted in a way that it felt could put off LG polls without suffering major political damage but the final SC verdict seemed to have dealt a devastating blow to Wickremesinghe.

Speaker Mahinda Yapa Abeywardena owed the public an explanation as he accepted MP Dolawatta’s assertion that parliamentary powers and privileges had been violated and the matter be referred to the Ethics and Privileges Committee.

Towards the end of 2022, the Opposition raised the possibility of the government exploiting a private members’ motion, submitted by MP Dolawatta, to enhance youth representation in governance. One-time External Affairs Minister Prof. G.L. Peiris who fired the first salvo against the attempt to put off the LG polls further, alleged that the motion could be utilized to delay the polls indefinitely. The one-time top law academic recalled how the Yahapalana government postponed the Provincial Council elections indefinitely.

The rebel SLPP Chairman pointed out that the government had chosen MP Dolawatta’s motion, handed over to President Wickremesinghe on Oct 31, 2022, though SJB’s Imthiaz Bakeer Markar submitted a private member’s motion on the same lines much earlier. However, that strategy, too, never materialized. TheWickremesinghe-Rajapaksa combinnation simply forgot the LG polls while the UNP leader undertook a high profile project to make the Presidential Election, too, disappear.

President’s questionable strategy

Having quit the ruling SLPP parliamentary group, ahead of the parliamentary vote on a new President to complete Gotabaya Rajapaksa’s five-year term, Prof. Peiris fiercely attacked efforts to undermine the electoral process. The former Vice Chancellor of the Colombo University questioned the President’s attack on the electoral system at an event organized by the BASL in the second week of June 2023.

He chose to challenge Wickremesinghe on the postponement of the LG polls at the BASL’s National Law Conference held at the Grand Hotel, Nuwara Eliya, for questioning the very basis of our electoral system. Before the Judges of the SC, as well as the Court of Appeal hearing petitions filed against the indefinite postponement of LG polls, President Wickremesinghe declared that the people had no faith in elections.

Prof. Peiris emphasized that there had never been a previous instance of a President declaring elections weren’t important as the vast majority of the population, including the youth, had lost faith in elections and the political party system.

In the following month, businessman C.D. Lenawa sought to derail the Presidential Election by preventing the calling of the poll until the SC delivered its interpretation on the date of the presidential poll. A five-member SC bench consisting of Chief Justice Jayantha Jayasuriya, Vijith Malalgoda, Murdu Fernando, Preethi Padman Surasena and S. Thurairaja dismissed the petition. The petitioner was fined Rs 100,000.

The JJB, IUSF on behalf of the Jana Aragala Sandhanaya, NFF and SJB filed petitions against Lenawa’s move that was dismissed in July.

Amidst accusations that the government was behind Lenawa’s move, the President’s Media Division (PMD) denied President Wickremesinghe’s association with the person concerned. The court proceedings on July 08, 2024 exposed Lenawa’s intention and he was asked to pay as cost Rs 100,000 by the SC.

Regardless of Lenawa’s fate, another person, Attorney-at-Law Aruna Laksiri, moved the SC claiming that the 19th Amendment to the Constitution hadn’t been enacted properly, he called for the SC’s intervention to conduct a referendum before the presidential poll. The SC dismissed that petition, too. The SC ordered the petitioner to pay a court fee of Rs. 500,000.

That ruling was made by a bench comprising Chief Justice Jayantha Jayasuriya, Justices Arjuna Obeysekera, and Priyantha Fernando affirming the formal adoption of the 19th Constitutional Amendment without the need for a referendum, in line with prior rulings from 2015.

In his petition, Laksiri claimed that the 19th Amendment amended Article 70 of the Constitution, which deprives the President of the power to dissolve an elected Parliament after one year. The lawyer contended that the amendment has not been approved by a referendum, despite a Supreme Court ruling indicating it should be.

During the proceedings, the Attorney General emphasized before the Supreme Court that the Presidential term is constitutionally defined as five years.

Having scuttled the LG polls, President Wickremesinghe, in late February 2023, explained the circumstances he decided not to conduct thebLG polls. Participating in a debate on the Essential Public Services Act, President Wickremesinghe underscored his strategy that his priority was building the economy and not politics. Obviously that was nothing but a signal for the country and the justices hearing relevant cases. By then, the President’s actions and that of his government had effectively prevented the holding of the LG polls as stipulated on March 09, 2023. The PMD aptly headlined Wickremesinghe’s February 23rd statement: “The President tells parliament his priority is building the economy and not politics.”

President Wickremesinghe defended Finance Secretary Mahinda Siriwardana and others under him whom he didn’t identify over the denial of funds required for the conducting of LG polls. This was in the wake of the Election Commission declaring before the SC that the election couldn’t be held as a result of the Finance Secretary taking up a position that the required funds weren’t available.

The President contradicted the Election Commission. Having done so, the UNP leader acknowledged that he personally briefed the members of the Election Commission on December 14, 2022, regarding the unsuitability of holding the LG polls due to the volatile economic situation in the country. Wickremesinghe wanted the polls delayed till the total number of LG members was reduced to 5,000. The country must be reminded that the number of LG members sharply increased during the period Wickremesinghe served as the Prime Minister of the Yahapalana administration.

Making reference to the transitional provisions of the 21st Amendment (In Part 3 under the Interim Provisions) to the Constitution, President Wickremesinghe categorized the Election Commission as a temporary Commission accountable to the Parliament. He found fault with the Election Commission for failing to discuss the issues at hand with the House before making representations to the SC.

President Wickremesinghe is on record as having claimed that he along with Premier Gunawardena and AG Rajaratnam met members of the Election Commission on January 05, 2024, against the backdrop of what he called division among the members regarding the holding of the LG polls on December 23, 2023. According to the President, the Election Commission should have consulted a lawyer, representing the interests of either SJB or the JVP. Instead, the Election Commission sought the advice of Saliya Peiris, PC, whom members of the Election Commission described as one who engaged in politics.

President Wickremesinghe questioned the authority of the Election Commission to go ahead with the scheduled elections while alleging that the Election Commission didn’t properly take a decision to conduct the election on March 09 regardless of rumours. President Wickremesinghe found fault with the then EC Chairman and Attorney-at-Law Nimal Punchihewa and member M.M. Mohamed.

The PMD quoted President Wickremesinghe as having told Parliament on February 23, 2024: “We don’t need to postpone the election, but we don’t have money for it. If we need, we can discuss and come to a decision, but for the moment, we don’t have money. On the other hand, there is no election at hand as well. So, what have we got to do? The Commission is answerable to the Parliament. The Parliament has asked to appoint a select committee on this matter. So, I request to appoint it, record all and take the report to the Supreme Court. According to section 4 of the Constitution, the financial power is vested in the Parliament. After the 1688 Revolution, according to the Magna Carta Agreement, all monetary powers are vested in Parliament. Therefore, give that report to the Supreme Court through a select committee.”

The recent ruling by a five-judge bench meant that the SC obviously thought otherwise. Let me mention the Counsel who appeared for the petitioners in the historic case: Upul Jayasuriya, PC. with Nisala Fernando instructed by Sampath Wijewardane for the SJB, Viran Corea with Luwie Ganeshathasan and Khyati Wickramanayaka instructed by Sinnadurai Sunderalingam & Balendra for CPA, Nigel Hatch, PC. with Shantha Jayawardena, Ms. Wihangi Tissera, Ms. Azra Basheer, Hirannaya Damunupola, Ms. Niroshika Wegiriya, Sunil Watagala and Ms Illangage for the JJB and Asthika Devendra with Pulasthi Hewamanne, Kaneel Maddumage, Vimukthi Karunarathne and Ms. Abheetha Dinethri instructed by Manjula Balasuriya for the PAFFREL.

The SC was moved in terms of Article 17 read with Article 126 of the Constitution. Argued for 15 days, the decision was announced on August 22, 2024.

Some crucial SC rulings

In the run-up to the unprecedented SC ruling on August 22, 2024, the apex court emphasized in no uncertain terms that politicians, regardless of their status, couldn’t expect favoured treatment under any circumstances.

* Following a landmark SC decision, former President Maithripala Sirisena in March 2022 vacated his official residence at Mahagama Sekara Mawatha (formerly known as Paget Road), Colombo. Sirisena had no option but to leave after the SC quashed a Cabinet decision taken in October 2019 to grant the residence to him after his retirement. The residence in question was the former President’s official residence during his tenure as the Head of State. The Supreme Court held that the Cabinet decision while he was at its helm is arbitrary, unreasonable, ultra vires, illegal, a breach of the provisions of the President’s Entitlements Act, amounts to a violation of the Rule of Law and the Fundamental Rights guaranteed to the petitioners and the citizens of Sri Lanka.

* In January, 2023 SC ordered ex- President Sirisena to pay a sum of Rs.100 million as damages to the victims of Easter Sunday attacks. Sirisena completed the payment two weeks ago on a staggered basis. The consequences were devastating as underscored by the former SLFP leader’s failure to reach a consensus with any candidate contesting the Presidential Election.

* Sirisena suffered yet another setback when the SC invalidated his decision to grant a presidential pardon to a convict who murdered a Swedish teenager Yvonne Jonsson 19 years ago. Sirisena granted Jude Jayamaha a presidential pardon just a few weeks before the 2019 Presidential Election. Jayamaha was convicted in 2012 for killing Yvonne Jonsson in what was known as the ‘Royal Park’ murder case. Jayamaha was sentenced to death. the SC fined Sirisena Rs 3 mn.

* The other judgment was delivered in November 2023 with respect to petitions filed against the economic crisis that led to the declaration of bankruptcy status in April 2022.

The SC held that former President Gotabaya Rajapaksa and his brother, former Prime Minister Mahinda, were among several government officials whose conduct contributed to the country’s worst economic crisis in decades.

* Two other SC decisions that sent clear message were the ruling on IGP and the on-line visa issuance facility.



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Midweek Review

From regime change project to ‘Know BJP’ initiative

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Tilvin Silva meets Dr. Jaishankar in New Delhi recently

In the run-up to the 2015 Presidential election, a Chinese submarine visit, in 2014, caused major media fury. Indian media alleged the vessel was nuclear powered. In spite of Sri Lanka repeatedly assuring that it was not and New Delhi was always informed in advance of Chinese submarine visits, the Modi government, however, resorted to action detrimental to the Rajapaksas ahead of the presidential poll.

By Shamindra Ferdinando

One of the busiest Indian politicians, Indian External Affairs Minister Dr. S. Jaishankar, recently received JVP General Secretary Tilvin Silva, in New Delhi. It was Jaishankar’s second meeting with Silva, in New Delhi, this year. They first met in February.

The ruling Bharatiya Janata Party (BJP) invited the JVP General Secretary as it sought to enhance direct relations with the once morbidly anti-Indian so-called Marxist party in line with the overall Indian strategy. The five-day visit (27 Sept. to 01 Oct.) perhaps underscores the deterioration of other political parties represented in Parliament and outside. The media reported the invitation was extended under the ‘KNOW BJP’ initiative intended to familiarise the international community with the history of the party.

Among those who met Silva were BJP National General Secretary (Organisation) B.L. Santhosh, National President of the BJP Mahila Morcha (Women’s Wing) Roopkumari Choudhary, BJP Youth Wing representatives Vineet Vats Tyagi and Bhakti Sharma. Chief Minister of Delhi, Ms. Rekha Gupta, as well as Delhi State Education Minister Ashish Sood. Silva also met Delhi BJP President Harsh Malhotra.

Welcoming the JVP delegation at the BJP’s Delhi Office, newly appointed Delhi BJP co-incharge and former Surat MP Darshana Jardosh, who took charge at the party office recently, said in a Facebook post: “India and Sri Lanka share a timeless bond rooted in civilisation, culture and faith. Under the visionary leadership and sustained efforts of Prime Minister Narendra Modi, India-Sri Lanka relations have gained renewed momentum, with stronger cooperation in development, healthcare, energy, connectivity and people-to-people ties. Such meaningful exchanges strengthen mutual understanding and reaffirm our shared commitment to democracy, development, public welfare and a stronger neighbourhood.”

The JVP delegation consisted of its General Secretary Tilvin Silva, Central Committee member Chandrika Adikari, lawmaker Aboobucker Athambawa, District Committee member Kabilan Suntharamoorthy and International Department member Kalpana Madhubhashini.

There hadn’t been any previous instance of a General Secretary of a Sri Lankan political party receiving an invitation from the BJP, leading to a meeting with the External Affairs Minister. The BJP/the Government of India wouldn’t have arranged the latest visit unless the powers that be felt the pivotal importance of consolidating ties with the JVP that once waged a bloody insurrection against the deployment of Indian armed forces in Northern and Eastern regions of Sri Lanka (1987 July to March 1990).

Vijay Chauthaiwale, in-charge of BJP’s Foreign Affairs Department, declared that the visit was meant to strengthen BJP–JVP engagement, facilitate the exchange of organisational experiences and further deepen ties between the two political parties.

In late January, 2024, in the run-up to the Presidential election, India made it clear its position regarding the crucial national election when it invited JVP leader Anura Kumara Dissanayake, MP, to New Delhi. Dissanayake’s delegation included MP and JVP propaganda secretary Vijitha Herath, NPP secretary Dr. Nihal Abeysinghe and Professor Anil Jayantha.

The five-day visit, in early Feb. 2024, signalled that New Delhi anticipated Dissanayake’s victory at the Presidential election and was confident of JVP triumph at the parliamentary election. Dissanayake received a mega boost, thanks to his unprecedented meeting with Dr. S. Jaishankar, National Security Advisor Ajit Doval and Foreign Secretary Vinay Mohan Kwatra. In a way, the high-level opportunities, granted by New Delhi, strengthened Dissanayake’s position and may have influenced the voters, living in predominantly Tamil speaking regions.

Having bagged the Presidency in Sept. 2024, the JVP swept the parliamentary polls. The New Delhi’s intervention may have undermined the main Tamil political party, namely the Illankai Thamil Arasu Kadchi (ITAK), one-time LTTE’s cat’s paw. The JVP scored an extraordinary victory in the Northern and Eastern provinces where it bagged 12 seats (Jaffna 3, Vanni 2, Trincomalee 2, Digamadulla 4 and Batticaloa 1). The ITAK was reduced to just eight seats, their worst performance since the eradication of the LTTE, in May, 2009.

Post Easter Sunday developments

Having failed to achieve its long standing political objectives, the JVP, in mid-2019, founded National People’s Power, aka Jathika Jana Balawegaya (JJB).

JVP leader Dissanayake received the leadership of the newly formed political alliance. Tilvin Silva remained the JVP General Secretary, whereas Dr. Abeysinghe, renowned epidemiologist was named the General Secretary of the NPP. While the JVP General Secretary remained outside the parliamentary group, Dr. Abeysinghe successfully contested the Nov. 2024 parliamentary polls. He represents the Kalutara district.

In spite of the JVP/NPP expressing confidence of sharp increase in public support for the candidature of Dissanayake at the Nov. 2019 presidential election, he couldn’t poll half a million votes. Dissanayake managed just 418,553 votes (3.16%) and ended up a distant third.

SLPP candidate Gotabaya Rajapaksa, who hadn’t at least bothered to take SLPP membership, comfortably won the election. The wartime Defence Secretary polled 6,924,255 votes (52.25%) while Sajith Premadasa, who contested under the ‘Swan’ symbol of the New Democratic Front (NDF) obtained 5,564,239 votes (41.99%).

The 2019 Easter Sunday suicide attacks, launched by the National Thowheeth Jamaath (NTJ), created an environment that facilitated Gotabaya Rajapaksa’s victory. Now, the crux of the matter is whether the NTJ, formed in Kattandudy by Mohamed Zahran Hashim, in 2014, carried out near simultaneous suicide attacks to help Gotabaya Rajapaksa, though well tarnished among average Muslims as being anti-Islam, to win the presidency.

The ongoing CID investigation focused on the British Channel 4 claim, aired in Sept. 2023, regarding Easter Sunday carnage, is all about that still unsubstantiated allegation. The CID arrested the former head of Directorate of Military Intelligence (DMI/2012-2016) and ex-State Intelligence Service (SIS/2019 to 2024) Maj. Gen (retd) Suresh Sallay in February, this year, in connection with this investigation. He is held under the Prevention of Terrorism Act (PTA) on allegations ironically levelled by a fugitive from Sri Lankan law.

The current status of JVP/NPP relations have to be examined, taking into consideration the declaration made by the then MP Nalinda Jayathissa, who served as a member of the Parliamentary Select Committee (PSC), that inquired into the Easter Sunday massacre. Jayathissa alleged that India was behind the Easter Sunday carnage. The uncorroborated allegation was made in February 2021, just two months short of two years, after the attacks. However, he denied saying so in August 2025, nearly a year after the Presidential election and in the wake of India and Sri Lanka entering into seven Memorandum of Understanding (MoUs), including one on defence.

The seven MoUs, signed in Colombo, in early April 2025, underscored the trajectory of the Indian strategy. Signing of an MoU on defence hadn’t been publicly mentioned, even during the presidency of Ranil Wickremesinghe (2022 July-2024 Sept.) though the UNP leader sought to further enhance relations with Premier Narendra Modi’s India. Therefore, the signing of the MoU on defence, in April 2025, and the rapid acquisition of the Colombo Dockyard Limited by India’s state-run Mazagon Dockyard Shipbuilders Ltd., couple of weeks later, jolted the country.

In fact, Premier Modi gave the first indication of the impending defence MoU when President Dissanayake visited New Delhi, in Dec. 2024. It was Dissanayake’s first official visit. Although the joint communiqué, issued from New Delhi at the conclusion of the visit, had been silent on the agreement on defence MoU, a translation of Premier Modi’s speech revealed the truth.

In early September, this year, India and Sri Lanka signed three more MoUs, including one that dealt with six L70 air defence systems, operated by the Air Force. Those guns had been acquired during the war against the LTTE to meet the threat posed by small fixed wing aircraft, then possessed by the once fledgling Tiger air force.

Transformation of JVP

The late Somawansa Amarasinghe, in late Nov. 2001, during Chandrika Bandaranaike Kumaratunga’s tenure as the President, disclosed notable change in its position, vis-a-vis India. Having returned from Europe, following a 12 -year self-imposed exile, Rohana Wijeweera’s successor had no qualms in declaring that India saved his life. That declaration was made at his first public rally in Kalutara.

Although the sole surviving member of the original JVP politburo, Amarasinghe, fled the country in Feb. 1990, there hadn’t been at least a reference to possible Indian involvement in the rescue operation. Did Amarasinghe, for some mysterious reason, understate the Indian involvement?

The writer sought an opportunity to seek clarification from Amarasinghe regarding his escape from government forces and death squads hunting for prominent JVPers, even after the execution of Rohana Wijeweera. Amarasinghe politely declined to discuss what he said at the Kalutara rally, in Nov. 2001.

During the second violent rebellion, from 1986 to 1989, Rohana Wijeweera, Upatissa Gamanayake, Sumith Athukorala, D.M. Ananda, Saman Piyasiri Fernando, Piyadasa Ranasinghe, H.B. Herath, Gunaratne Wanasinghe, R.B. Wimalaratne, Somawansa Amarasinghe, Shantha Bandara, Nandatilaka Galappaththi and Lalith Wijeratne, functioned as politburo members.

Some speculate that New Delhi may not have been directly involved in Amarasinghe’s rescue but allowed him to stay there until he found a way out of India. At the height of the insurgency, Somawansa got his wife Malani and son Isuru to leave the country and he later joined them.

What made India facilitate Amarasinghe’s escape or turn a blind eye to his presence there? Whatever happened back in the late 80s may have a significant impact on the developments today. Maybe not. But, the way the JVP transformed itself from a rabid anti-India position to establish partnership is not a mystery. The JVP opposed all projects initiated by previous governments and sabotaged each and every one of them. There cannot be a better example than the JVP-led protests against the 2019 tripartite agreement involving Sri Lanka, India and Japan. President Gotabaya Rajapakasa couldn’t go ahead with the Easter Container Terminal (ECT) project. Faced with non-stop protests, President Rajapaksa was compelled to rescind the agreement.

India protested the move. IHC in Colombo emphasised that “all sides should abide by the existing understandings and commitment” in timely implementation of the agreement, signed in 2019.

Sri Lanka offered India and Japan an opportunity to develop the port’s West Container terminal as a reconciliation move. But Japan pulled out of that partnership.

Sri Lanka (Sri Lanka Ports Authority) finalised the agreement with Adani Ports and SEZ, John Keells Holdings on Colombo West International Terminal (CWIT) in late Sept. 2021. Amidst an unprecedented economic crisis that led to President Gotabaya’s Rajapakasa’s ouster, in July 2022, blamed on a political campaign alleged to have been backed by the US and India, the work on CWIT made rapid progress. If anyone suspected the JVP-led NPP’s sudden about-face intentions as they always opposed anything and everything Indian in the past, the change of government in Sept. 2024 cleared the way for an all-out effort to bring CWIT work to a successful conclusion.

CWIT formally launched operations in the first week of April 2025 in the immediate aftermath of the two countries finalising seven MoUs, including one on defence.

Gotabaya Rajapaksa meets Ajit Doval in late Nov. 2019, in New Delhi. It was Rajapaksa’s first meeting with Doval after Rajapaksa became the President .

New approach

Prime Minister Dr. Harirni Amarasuriya joined Indian High Commissioner Santosh Jha at the recent commissioning of Phase 2 of CWIT project. Declaring that the two million TEU mark has been crossed, in record time, Jha declared: “Let us remember what the Colombo West International Terminal is. A flagship deep-water container terminal. Built by a partnership of the Sri Lanka Ports Authority, John Keells Holdings, and Adani Ports and SEZ. An investment of approximately 750 million US dollars, it is one of the most significant infrastructure investments in Sri Lanka’s maritime sector in recent years.”

Much to the surprise of utterly disorganised and inept political parties in parliamentary opposition and outside, the Dissanayake’s government has indicated that the incumbent administration intends to go along with the US and India. Those who feared to finalise agreements with the US and India, in the past, and often succumbed to JVP inspired trade union pressure, respond with disbelief as the US and India advance their agenda, without the usual resistance from the JVP, with it turning into an ardent admirer of India.

The government has conveniently forgotten the moratorium on visits by foreign research vessels declared by President Ranil Wickremesinghe for the year 2024. That declaration made at the behest of India and US to prevent Chinese research vessels from entering Sri Lankan waters remain in force though the government promised to review Wickremesinghe’s decision. The moratorium on research vessels visits seems to be permanent and no political party, represented in Parliament, is likely to raise it.

The sinking of an unarmed Iranian frigate off the southern coast in the first week of March this year, just outside Sri Lankan territorial waters and in India’s backyard, and subsequent Indian accusations of Chinese military presence at Hambantota, highlighted the crisis hapless Sri Lanka is in. The ongoing controversy over the US warning Sri Lanka of dire consequences if supplies were made available to Iranian vessels stranded off the country’s south western coast.

The JVP/NPP administration appears to be in a dilemma as Sri Lanka cannot forget critical support provided by Iran, especially during Eelam War IV. Former Sri Lankan Ambassador in Tehran, M.M. Zuhair, recalled how the Iranian government swiftly and decisively provided assistance amidst western efforts to jeopardise the military campaign by undermining the national economy.

As the war entered a crucial stage, the government found itself in an extremely difficult situation. Following talks at the highest level, Iran provided Sri Lanka with an interest-free and concessionary oil credit facility worth $1.05 billion to help obtain crude oil requirements, President’s Counsel Zuhair said.

If not for the rolling credit line easing severe foreign exchange pressures, the Rajapakasa government could have faced an insurmountable challenge, the former diplomat said, adding that unfortunately those in decision-making positions now have forgotten the past.

The change in Sri Lanka’s trajectory began with the advent of the treacherous Yahapalana administration. Under the Sirisena-Wickremesinghe leadership, Sri Lanka betrayed the war-winning military at the United Nations Human Rights Council (UNHRC) in Geneva, in Oct. 2015. It would be pertinent to mention that the BJP came into power in the year before securing what the media called a historic absolute majority at the Indian parliamentary polls. Since then the BJP developed its strategy vis-a-vis Sri Lanka.

Sri Lanka is beneficiary of a spate of Indian funded projects implemented over a period of time. Having once launched an insurrection in the aftermath of the Indian Army deployment here, in 1987, and opposed what it called Indian expansionism here, the JVP is now the beneficiary of India funded projects, not only in the Northern and Eastern provinces, but other provinces as well. One of the most important projects of them all was the flagship housing programme meant to construct 60,000 units. Launched after the end of war, in 2009, the project covered the Central and Uva provinces. While continuing the housing project, etc., launched previously, the BJP advanced a comprehensive strategy meant to ensure Colombo remained within New Delhi’s sphere of influence.

Hope you haven’t forgotten how Doval, in 2014, demanded Sri Lanka halt major Chinese projects, including USD 1.4 bn Colombo Port City project and take back China managed Colombo International Container Terminal (CICT) that was in operation since July 2013. Sometime after Mahinda Rajapaksa lost the 2015 presidential election, Gotabaya Rajapaksa revealed how Dorval twice demanded the cancellation of Chinese projects and CICT take over. Sri Lanka’s refusal to heed Indian warnings resulted in them backing turncoat Maithripala Sirisena’s candidature at the 2015 presidential election. The rest is history.

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Midweek Review

Iranian tankers and navigating with a moral compass

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A hand-out photo from the Indonesia Maritime Security Agency shows an Iranian tanker (right) transferring oil to a Cameroon-flagged ship at sea.

Between the devil and the deep blue sea:

by Sasanka Perera
(The writer is on X as @sasmester)

According to news reports, about 19 Iranian tankers are berthed approximately 15 nautical miles off Sri Lanka’s southwestern and western coasts since August 2026. They are void of their cargoes of crude oil, having offloaded them to other tankers destined mostly to Chinese refineries. Seas off Sri Lanka’s maritime boarders are not the only concentration of such inactive Iranian ships with their crews. Malaysian and Indonesian waters and just beyond also have concentrations of Iranian tankers. Sri Lankan authorities have maintained that these vessels are positioned just outside the country’s 12-nautical-mile territorial waters, indicating that local authorities have limited direct jurisdiction over them. While this is legally correct, the potential consequences of these ships being in such close proximity to our waters cannot be ignored.

The current situation has come about because of unilateral secondary sanctions imposed by the United States targeting Iranian shipping around the world. Effectively, secondary sanctions are punitive measures imposed by a powerful country, in this case, the United States, against foreign individuals and entities that do business with a primary target country already under a first-tier embargo or trade ban. In this case, this primary country is Iran. This means, the provision of supplies or services to Iranian vessels by Sri Lankan companies or the government would run afoul of the unilateral US sanctions. At present, these ships are said to be low on fuel, and sustenance such as water and food. So, the underlying question is, should Sri Lanka and the world let the Iranians starve just beyond our waters for fear of US sanctions which are immoral and unethical — if not illegal at least in terms of their own laws.

Since initial local reports suggested that the US had warned Sri Lanka that they would impose sanctions on our country if its authorities provided supplies or services to Iranian ships, the Sri Lankan Foreign Ministry issued a press clarification saying, that the US has issued secondary sanctions as part of ‘their own common policy perspective’ which applies ‘globally and do not target only SL or any specific country.’ This is correct and common sense. But what does it mean to our country, which is caught in the middle of the illegal war the US and Israel are waging against Iran? Being neutral is one matter. But do we allow our moral compass to be compromised and allow people to starve because of our fear of these sanctions. Let me remind, notwithstanding the burden of human rights violations on the part of the state, we are a country that showed mercy to LTTE leaders when they needed medical treatment in Colombo. We also sent shipments of food, medicine, and relief items to trapped civilians in LTTE-controlled areas knowing fully well that these were being intercepted and seized by the LTTE, which would sustain its campaign against the country. There is little doubt we will suffer greatly if we opt to help the stranded Iranian seamen. But Sri Lanka has been in this situation before when the US destroyed an Iranian ship close to our waters. The Sri Lankan government took the decision to provide humanitarian assistance to the crew of another Iranian ship at the same time in early March 2026, and rightly so. At the time, the government took recourse in international obligations operative in humanitarian conditions in general and the Law of the Sea (UNCLOS) in particular.

In many ways, the present situation indicates the obvious contradictions across public international law, UNCLOS, the law of neutrality, and the conflict between unilateral jurisdiction versus state sovereignty. It also exposes the moral and ethical obligation of a country in the midst of the immorality and evil exercised by far more powerful nations and many others who have lost their moral and ethical consciousness.

Most serious international legal scholars and multilateral bodies (including the UN) maintain that unilateral secondary sanctions such as those declared by the US — lacking UN Security Council authorisation — violate international law. Because secondary sanctions threaten nations’ access to the global U.S. financial system, and therefore work better than traditional military enforcement, third states like Sri Lanka face a state of economic coercion. This makes de facto compliance necessary even when de jure international law regards the sanctions as overreach.

Providing ship-to-ship transfers, provisions, or repairs to vessels stationed outside a country’s territorial waters falls under standard maritime commercial freedom. Threatening a state for permitting its private companies or state entities to render essential and life-saving services outside territorial waters interferes with high-seas freedoms (UNCLOS Article 87). This is the situation Sri Lanka currently finds itself in. The problem with U.S. secondary sanctions is that they attempt to dictate how Sri Lanka exercises or refrains from exercising this sovereign prerogative. Our government needs to resist this shameless bullying.

If these vessels run out of drinking water and food as is likely to happen soon, offering the ship crews Permissible Humanitarian Assistance is a matter of offering distress relief. Under Hague XIII and customary law, neutral states, like Sri Lanka in this case, are permitted, and more importantly, morally bound to render essential humanitarian assistance, such as food, medical aid, or emergency repairs necessary to ensure seaworthiness, to vessels in distress. For its own convenience and lack of moral values, the U.S. government’s secondary sanctions typically make little distinction between commercial logistics, fuel supply, and basic humanitarian assistance.

On 4 October 2026, the Minister of Foreign Affairs made clear in public that Sri Lanka will make ‘all our decisions while protecting our sovereignty and identity’ and ‘if there is a need arising from humanitarian considerations, we will make the necessary intervention.’ Theoretically, this is the correct position notwithstanding it is a difficult position for a small country like Sri Lanka to put into practice. But from a moral high ground, it is always possible. I assume this is why the minister referred to the earlier incident involving an Iranian ship when he noted that ‘Sri Lanka is providing the vessel’s 13 crew members with the necessary food, accommodation and security while ensuring that the vessel remains safely maintained’. More importantly, he also noted that ‘Sri Lanka always acts in accordance with international maritime law.’ This is a position we must maintain whatever the pressure.

Threatening secondary sanctions against services rendered to stranded or distressed ships directly clashes with a neutral state’s obligation to protect human life at sea under the SOLAS Convention (Safety of Life at Sea) and SAR Convention (Search and Rescue). As far as I understand, from an international law standpoint, U.S. threats of secondary sanctions over Sri Lankan services to Iranian vessels represent such violations and an extraterritorial assertion of domestic authority that lacks a multilateral mandate (such as a resolution in the almost dysfunctional UN Security Council).

From a foreign policy perspective, we should have already begun negotiations with counties like Malaysia and Indonesia (in whose extended backyards many of these ships transferred their oil to other tankers) and China (to whose refineries much of this oil went and which paid for these cargoes) to ascertain how the lives of these sailors can be saved. After all, the cargoes did not come to us, and its transshipment was not facilitated by us. This is not about the maintenance of these vessels themselves or helping in their reintegration into the so called ‘shadow fleet of Iran.’ Here, our neutrality must be underlined. This is simply about human life. Have we thought of approaching the above countries to ascertain if they would help in finances to feed the Iranian sailors if our country decides to bring them ashore for humanitarian assistance and to build a coalition for such contingencies within applicable international conventions?

While international law grants Sri Lanka the clear sovereign right to manage services in its territory and EEZ, and mandates distress relief under maritime safety conventions, the practical reality of financial enforcement mechanisms forces us to weigh legal rights under UNCLOS and public international law against the immediate economic costs of U.S. financial isolation. This is why our engagements with countries like Malaysia, Indonesia, Russia and China, to mention only four nations, are essential and should have already begun.

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Midweek Review

Faith, mythology, rituals, and Buddhism – A response

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by Prof. N. A. de S. Amaratunga PhD, DSc, DLitt

Prof. Sasanka Perera’s important article dealing with the vital subject of discipline of Buddhist monks published in the Midweek Review of The Island on 23 Sept., 2026 needs a response with regard to its reference to faith, mythology and rituals. He says, “One must concede that it is mythology and rituals that hold any core set of philosophical ideas such as the dhamma together as a religion. It is through these practices that religion as a matter of faith emerges from abstract ideas. This is common to any religion. It is through these practices that Buddhism, Christianity, Hinduism or Islam become religion”. First, it may not be correct to say that it is mythology and rituals that hold together the core set of philosophical concepts of Buddhism. Second, it may not be correct to infer that Buddhism has emerged as a matter of faith through the practices of rituals. Further, it is not through practice of rituals that Buddhism becomes a religion.

First of all, we must determine what constitutes the core philosophy of Buddhism and find out to what extent it depends on mythology. We must also examine the origin of rituals in Buddhism to see whether or not the dhamma could exist without rituals. Then, we must look at the nature of faith and its role in Buddhism.

The core philosophy of Buddhism is empirical in nature, which means it is based on, or derived from, observation, experiment, or sensory experience and it has nothing to do with mythology. The word “Ehipassiko” that prominently appears in Prof. Perera’s article cannot have any relevance in Buddhism if it depends on mythology to be held together. “Ehipassiko” is not applicable to religions based on mythology. The Buddha requested everybody interested to “come and see for yourself” because it could be known by experience. Same could be said about the discourse to the Kalamas, which Prof. Sasanka Perera has quoted. Theistic religions that are based on mythology cannot be examined by such means.

Prince Siddharta, before he attained Nibbana, experienced “Dukha” or suffering and “Anicca” or impermanence in his surroundings and found that such an existence cannot have a permanent self, (“Anatta”). Thus, the three signs of existence “Anicca, Dukha, Anatta” are empirical in origin and they form the core philosophy of Buddhism on which the doctrine is based. The “Four Noble Truths” are developed on this basis, and these also have no mythology whatsoever.

Prince Siddharta realised the fallacy of the Vedic thesis and rejected it entirely when he composed the three signs. Therefore Prof. Perera’s theory that “it is through these practices that religion as a matter of faith emerge from abstract ideas” does not hold where Buddhism is concerned. Buddhism is neither a “matter of faith” nor did it emerge from abstract ideas.

The fourth Noble Truth has no myth basis and is not dependent on blind faith or rituals. It is the path to the final goal in Buddhism; that is freedom from suffering. It is entirely based on morals which is central to Buddhism. Three factors in the Arya Astanghika Marga, deal with morals that prepare the mind for the final stages, “Sati” and “Samadhi”. These three factors which are concerned with right speech, right action and right livelihood, do not involve the practice of rituals. Unlike in theistic religions Buddhism does not require rituals in the practice of morals. None of the other factors in the Arya Astanghika Marga prescribe rituals. Therefore, one wonders, if the path to the final goal does not need rituals, where else could they be required to be of any significance.

“Nowhere else” is the obvious answer. What Buddhists have to do instead, is to live by the five precepts, eight precepts or ten precepts, or practice the Arya Astanghika Marga as far as possible, none of which have rituals. In such practice even if one does not reach the ideal, one would be immensely benefitted including peace of mind and satisfactory existence without too much suffering. This could be attained without the practice of rituals.

The Buddha rejected the practice of rituals in Sámaññaphala Sutta of the Dìgha Nikáya, where he declares all blessing rites and rituals as animal sciences (tiraccháanavijjá). Such was the attitude of the Buddha towards rituals. Ven. Kekirawe Sudassana was abiding by the Buddha’s word when he made the bold and correct statement that rituals were unnecessary in the practice of Buddhism. Ven. Sudassana should not be penalised for attempting to reject rituals.

Early Buddhism there was no mention of rituals. The four major Nikayas, Digha, Majjima, Anguttara and Samyutta comprise Early Buddhism. These were the only Nikayas in the Sutra Pitaka that were assigned to the Bhanaka monks to be preserved by the oral tradition, at the First Buddhist Council held three months after the Parinirvana of the Buddha and therefore considered to be closest to Buddha’s preaching. At the Third Buddhist Council held under the auspices of King Asoka, Ven. Moggalliputtatissa cleansed the Dhamma of all impurities that had crept into it and this was the Dhamma that was brought to Sri Lanka in the 3rd Century BCE. This Dhamma did not advocate the practice of rituals to the Sri Lankan community and there was no rituals in the country until the 5th Century CE.

It was Ven. Buddhagosa in the 5th Century CE, who probably had come under the influence of Mahayana when he was in South India on his way to Sri Lanka, who in his translations of the commentaries introduced dividend carrying rituals.

Sri Lankan monks came to accept the practice of rituals as a necessary method to attain Nibbana. Eminent Buddhist scholar Prof M. M. J. Marasinghe says: “The hard work of Buddhagosa and the Mahavihara fraternity culminated in the formulation of a new ritual structure with attractive advantages to keep both the lay followers and the members of the Sanga happy and content As a result, when we pass from the canonical Pali texts to the Pali commentaries we come into a totally new teaching different from the original” (Beyond Ritualistic Realm, 2018).

In Buddhism, faith is quite different. There has to be faith in the path that will finally lead to the goal, for otherwise there may not be total commitment. However, love and devotion to the Buddha is not required. This is understandable as the final goal, Nibbana, is development of wisdom (“paññâ”) for which there is no need for the personal involvement of the Buddha.

Though not conclusively proved, there seems to be new evidence in neuroscience that points to the possibility of consciousness emitting out of the body. Further, recent advances in theoretical physics show that matter could be converted to energy and energy to matter. If stream of consciousness is a stream of energy, it being integrated into matter is not difficult to accept. Man is nothing but a conglomerate of energy. In such a system, continuity of consciousness in a samsaric cycle may not be implausible.

However, Ven. Sudassana may be correct in saying that belief in karma and rebirth may not be essential for the practice of Buddhist morals. One may practice five, eight or ten precepts or even Arya Astanghika Marga without feeling compelled to believe in karma and rebirth.

Without saying there is absolutely no presence of faith, mythology or rituals in Buddhism, which are in fact later intrusions, it could unequivocally be stated that neither mythology, faith nor rituals played a role in the origin of early Buddhism and nor are they needed to hold together the core philosophy of Buddhism as a religion. They are not necessary to practice Buddhism and be benefitted by it.

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