Midweek Review
Supreme Court stands tall
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.
Midweek Review
Govt. failure to fill top two courts’ vacancies leaves Judiciary in a conundrum
The ruling NPP is in a deepening dilemma over a hotly disputed move to extend the retirement age of superior courts judges. The party is also under heavy fire for delaying fresh appointments to the superior courts consisting of the Court of Appeal and Supreme Court.
A section of the Opposition wants Speaker Dr. Jagath Wickremaratne to take up the inordinate delay in filling vacancies in the superior courts. The Bar Association of Sri Lanka, Colombo High Court lawyers, Lawyers Collective, as well as the Commonwealth Lawyers’ Union have criticised the government’s move.
By Shamindra Ferdinando
Sri Lanka Muslim Congress (SLMC) leader Rauff Hakeem, MP, recently expressed concern over the alleged way Balachandran Prabhakaran, 12-year-old son of LTTE leader Velupillai Prabhakaran was killed, in cold blood, on 19 May, 2009.
A section of the Tamil media highlighted Kandy District lawmaker Hakeem’s comments regarding the alleged way Balachandran, the youngest of the three children of Tiger Supremo, met his end. Prabhakaran himself was also killed on the same day.
What prompted MP Hakeem to raise a contentious but now largely forgotten issue! Both the Sinhala and English print and electronic media failed to report the SLMC leader’s comments. Some questioned the purpose in lawmaker Hakeem raising Balachandran’s death. Some even suggested a Tamil Diaspora hand in Hakeem’s unexpected interest in Balachandran’s death.
The Island obtained the video, released by the Parliament, of the SLMC leader’s 10-minute speech, delivered on 10 June. Reference to Balachandran’s killing had been made towards the tail end of his fiery speech that primarily dealt with President Anura Kumara Dissanayake’s continuing failure to fill existing vacancies in the Court of Appeal and the Supreme Court.
The deliberate and utterly contemptible holding up of judicial promotions, for whatever reasons, cannot be discussed without examining a disputed bid to introduce an amendment to the Constitution to increase the retirement age of the Judges of the Court of Appeal and the Supreme Court.
President Anura Kumara Dissanayake, the leader of two registered political parties, namely the Janatha Vimukthi Peramuna (JVP) and the National People’s Power (NPP), seems to be on a collision course with the Opposition. With a commanding 159 MPs in Parliament, meaning a 2/3 majority, Dissanayake can easily introduce the required amendment, regardless of protests. But, the electorate won’t like that dictatorial attitude. Those who exercised their franchise for Dissanayake and the NPP at the September 2024 and November 2024 national polls, respectively, wouldn’t expect them to adopt, what can be safely described as, a dogmatic approach.
Attorney-at-law and one-time Justice Minister Rauff Hakeem castigated the President and the ruling party, ahead of the joint Opposition action, to pressure the President to fill the vacancies. Their appeal to Speaker Dr. Jagath Wickremaratne in this regard can be also interpreted as a collective opposition to the proposed amendment to increase the retirement age of judges.
The SLMC group in Parliament consists of five MPs. Of them, three had been elected under the SLMC symbol (two elected and one on the National List) and two through the Samagi Jana Balawegaya (SJB), one of them on the latter’s National List.
Lawmaker Hakeem, who had served the Parliament for over 30 years, at the onset of his speech, questioned the sudden decision to bring in regulation to compel exporters to convert their export proceeds into USD. The SLMCer declared that such panic action was taken by the government in view of the rapid deterioration of the Rupee against the USD.
Commenting on the extension of the Emergency continuously, MP Hakeem alleged that it was done for the NPP’s own parochial purposes and the Opposition expected the government to discontinue the practice.
Then he dealt with the alleged move to extend the retirement age of top judges. Referring to Chief Government Whip Dr. Nalinda Jayatissa’s shameless declaration that the issue hadn’t been even discussed among the government. The ex-justice Minister, however, disputed Jayatissa’s claim made at the post-Cabinet media briefing, while highlighting the statements issued by the Bar Association, Colombo High Court Lawyers’ Association. In addition, the Lawyers’ Collective and the Commonwealth Lawyers’ Association strongly opposed the alleged move. In spite of the Cabinet spokesman’s denial, Justice Minister and Attorney-at-Law Harshana Nanayakkara, in his comments on the issue, indicated that the matter was under discussion. In fact, Nanayakkara mentioned a comparatively higher retirement age of top judges in other countries to support the NPP’s controversial and unnecessary move.
Obviously, the NPP is not talking in one voice.
Rauff takes a strong stand
Emphasising that he addressed the issue at hand as a member of the BASL, Hakeem pointed out that there were four vacancies, each in the Court of Appeal and the Supreme Court, for the past six months. The SLMC leader said: “The President has failed in his constitutional duty to nominate judges for promotion. From the High Court to the Court of Appeal and from the Court of Appeal to the Supreme Court. By denying the rights of the judges, undue pressure is being brought on them. What will happen? This very President, when he was in the Opposition, when the previous Presidents failed to gazette the names decided on by the Constitutional Council, he made a big protest. Several times he spoke about this very vociferously in the House. But, since becoming the President, he has not nominated any names. Very clearly, the 21 Amendment provision was made to prevent Presidents from delaying the decisions taken by the Constitutional Council. He is doing the reverse by not nominating anyone to the top two courts. This is much worse. As a consequence, even our fundamental rights are impacted. Because we as litigants or lawyers or public, our right for the expeditious disposal of cases is being impacted by the delay in appointing judges to the Superior Courts.
Moreover, you are frustrating the judges who served years in the judiciary. What happens to the minor judiciary and others? There are heavy concerns among the judiciary about extending the retirement age. That’ll block their path. That’ll deprive many suitably qualified individuals the right to get onto the bench or the superior bench. High court judges will now await their chances of being promoted. Undue pressure will be brought upon them.”
Hakeem alleged that the Constitution was being deliberately violated by the President. Having directed serious allegations at the President, Hakeem emphasised the responsibility on the part of the Speaker to take up this matter with the President on their behalf. Hakeem questioned as to why the President unduly delayed the promotions. The President’s deliberate failure has caused unnecessary frustration among the judicial ranks in the country and deprived those who served the judiciary of their due rights.”
Hakeem explained how even senior officers of the Attorney General’s Department had been affected by the President’s inaction. Those officials have been deprived of the opportunity to move onto one of the superior courts, Hakeem alleged, accusing the President of, what he called, deliberate inaction and a constitutional violation.
Then Hakeem made a very serious allegation. The ex-Justice Minister alleged that the NPP was delaying the process until a favoured person is eligible to get onto the bench, “You are picking and choosing people by that thereby undermining the judiciary.”
MP Hakeem also dealt with the vexed issue of the Prevention of Terrorism Act (PTA) that had been opposed by many political parties, civil society as well as organisations such as Amnesty International. The Sttorney-at-Law took up the issue in the wake of the controversial arrest of Maj. Gen. (retd.) Suresh Sallay, Director of the Directorate of Military Intelligence (DMI/2012-2016) and Director, State Intelligence Service/2019-2024) in terms of the PTA.
MP Hakeem chided the NPP for proposing to bring in a new anti-terrorism law, under a different title, to replace the existing PTA. Declaring that the new Act would be definitely far worse than the current law, the lawyer faulted the police and the Attorney General’s Department for abusing the PTA. The former Minister said so while alleging the continuous deterioration of the standards of the police and the Attorney General’s department, due to their dependence on the draconian PTA.
Killing of Balachandran
Referring to Tamil media reports regarding the new UK Channel 4 video that dealt with the killing of Prabhakaran’s 12-year-old son, lawmaker Hakeem discussed how the military dealt with the families of the LTTE leader and that of the JVP leader Rohana Wijeweera, killed on the night of 13 November, 1989.
Pointing out that Wijeweera who had been apprehended, along with his family, by the military, was killed, Hakeem stressed that the family members weren’t harmed. They lived under the protection of successive governments but in Prabhakaran’s case the situation was entirely differently.
Hakeem scorned the JVP/NPP government for conveniently forgetting its leaders, though an annual ceremony was held in Colombo in memory of those who perished during the insurgency. Hakeem said that even the daughter of Zahran Hashim, who led the 2019 Easter Sunday attacks, was spared. But, if Prabharatan’s daughter, Duwaraka, had been killed, as alleged, that should be investigated, Hakeem said. Hakeem ended his speech addressing the Parliament in Tamil.
Prabhakaran’s wife Mathivathani, too, had been killed during the final phase of the ground offensive. Prabhakaran’s eldest son, Charles Anthony, was killed in the Karayamullavaikkal area of the Mullaitivu district, the day before Prabhakaran, wife Mathivathani, daughter Duwaraka and younger son Balachandran were killed.
Acknowledging the SLMC leader’s right to rake up the controversy over the alleged manner the deaths of the LTTE leader and his family, while in government custody, took place. It would be pertinent to mention that Hakeem, in his capacity as the Justice Minister, from November, 2010, to December, 2014, could have pushed the Mahinda Rajapaksa government to inquire into the incident.
In fact, the writer once sought a meeting with the then Minister Hakeem to discuss accountability issues and the failure on the part of the government to address them. Although the Minister gave a patience hearing and acknowledged the urgent need to take remedial measures, the war-winning Rajapaksa government, instead of taking tangible measures, played politics. By late 2014, the SLMC switched its allegiance to the UNP-led coalition, formed with the US blessings to back the candidature of another political turncoat, Maithripala Sirisena, at the 2015 presidential election.
Hakeem received the Urban Development, Water Supply and Drainage portfolio in the succeeding Yahapalana government. The Tamil National Alliance (TNA), that had been an integral part of that alliance, served the Yahapalana interests well, though it refrained from accepting any Cabinet portfolio. The JVP, too, refrained from joining the Cabinet but their role in the Yahapalana operation is in the public domain.
The Yahapalana government betrayed the armed forces at the Geneva-based United Nations Human Rights Council (UNHRC), in October, 2015, but the extent of their treachery was highlighted two years later when that administration unceremoniously dismissed Lord Naseby’s revelations pertaining to the final phase of the war.
What made the SLMC leader Hakeem to compare three incidents – the killing of Wijeweera, and government protection for his family, in November, 1989; killing of Prabhakaran and his family on the banks of the Nanthikadal lagoon, in May, 2009; and the rescue of Zahran Hashim’s daughter, following the Sainthamaruthu blasts in April, 2019. Whatever the SLMC leader’s motive in highlighting the LTTE’s case now, the need for collective response on the part of the Parliament to address the concerns of the loved ones of those who engaged in terrorism cannot be overemphasised.
The circumstances of Prabhakaran, his wife and their daughter and youngest son remained mired in controversy. Like over 11,000 LTTE cadres, both men and women, including suicide cadres who surrendered to the advancing troops on multiple fronts, Prabhakaran and his family could have given themselves up to the Army on the Vanni front. They ignored that opportunity believing in a US operation to evacuate them.
Critically important combined stand
As mentioned by the SLMC leader during his 10 June speech in Parliament, a group of Opposition MPs handed over a letter expressing their concerns over the inordinate delay in filling the vacancies in the superior courts. Pointing out that the President, in his capacity as the Chairman of the Constitutional Council, had failed to fill those vacancies, the Opposition MPs stressed the responsibility on the part of the President to act in accordance with the provisions of the Constitution. They also reminded the Speaker that it would be his responsibility to protect the independence of the judiciary, which is an important part of the sovereignty of the people.
Kandy District MP Anuradha Jayaratne, represented the new Democratic Front (NDF) in the SJB-led effort, while NDF MP Ravi Karunanayake, too, joined, though he is in logger heads with the UNP over taking the National List slot won by the NDF at the last parliamentary election. Former President and UNP leader Ranil Wickremesinghe threw his weight behind the NDF, at the November, 2024, General Electio, but could not achieve the anticipated results. The NDF managed to secure just five seats, two of them National List slots.
All Ceylon Tamil Congress leader Gajendrakumar Ponnambalam, representing the Jaffna electoral district, signed the petition, along with the Sarvajana Balaya leader Dilith Jayaweera. Unfortunately, the SLPP hadn’t been part of that grouping. Responding to The Island queries, SLPP sources assured that though they didn’t sign the petition handed over to Speaker Wickremaratne, they wholeheartedly supported the initiative.
Whatever efforts by political parties/governments in power to interfere with the judiciary should be opposed at every level. The Rajapaksas went to the extent of impeaching Chief Justice Dr. Shirani Bandaranayake and removing her under the most despicable circumstances. Belligerent Rajapaksas reacted, as expected, following the Supreme Court rulings, including one against the then SLFP/UPFA strongman Basil Rajapaksa.
The ruling UPFA directed a series of unsubstantiated allegations against her, including financial impropriety and interfering in legal cases. SJB MP Dayasiri Jayasekera recently made reference to the impeachment of Dr. Bandaranayake when he censured the NPP move to extend the retirement age of judges of the superior courts. MP Jayasekera questioned whether the NPP wanted to retain Chief Justice Preethi Padman Surasena beyond the stipulated retirement age.
Although there had been a spate of interventions, the 2013 impeachment of CJ 43 was undoubtedly the worst case ever and the appointment of former Attorney General Mohan Peiris as her successor made matters worse.
The UPFA hit back hard at Dr. Bandaranayake following unprecedented controversy over The Town and Country Planning (Amendment) Bill and Divi Neguma, gazetted in 2011 and 2012, respectively. The UPFA abandoned the first Bill and then amended the second to avoid a referendum and the required 2/3 approval. By then, the cocky UPFA had decided to impeach Dr. Bandaranayake who stood up to outright political intimidation.
Ranil Wickremesinghe, during his tenure as the President (July, 2022, to September, 2024) reacted angrily to the Supreme Court ruling that he, in his capacity as the Finance Minister and the Election Commission, violated voters’ rights by arbitrarily delaying the Local Government polls in 2023. Wickremesinghe had been also angered by his failure to secure Supreme Court endorsement for his bid to appoint Dehabandu Tennakoon as the IGP in the run-up to the 2024 Presidential Election.
There had been so many other instances when the political party/coalition, in power, felt that the judiciary undermined its agenda. There cannot be better examples of the daunting challenge faced by the UPFA due to the Supreme Court stand during Dr. Bandaranayake’s tenure as the Chief Justice.
But post-Aragalaya period, no one expected President Dissanayake to pursue an agenda that compelled the BASL to issue hard hitting statements. Since May Day 2026, there had been two such statements from the BASL that should have triggered alarm bells. The NPP is obviously on the wrong path, believing that it can proceed with a 2/3 super majority unhindered in Parliament.
The first BASL statement dealt with President Dissanayake’s controversial May Day prediction of a court ruling in a high profile case. The second one responded to a move to extend superior court judges’ retirement age.
The government should rethink its strategy. With the national economy experiencing severe difficulties and the government under pressure to abolish fuel and electricity subsidies at the behest of the IMF, the NPP should concentrate on saving the economy instead of creating fresh issues that it cannot just brush aside just because of its steamroller majority in Parliament.
Midweek Review
The Legacy Lost
Gladdening was the sight at morn,
For the folk of the invisible village,
Of mirthful children trekking to school,
And refuge did they take in the thought,
That at least their young would be spared,
The crushing ordeals of tenant farming,
Since they would come by some erudition,
But our elders are now up against the truth,
That all is not well at the humble school,
Since even the morsel of education,
Painstakingly dished out there,
Comes with scary price tags attached;
Making dropping out the best thing to do.
By Lynn Ockersz
Midweek Review
July 09: An inexcusable overall security failure and exceptional contingency plan
Ulugetenne
The Sri Lanka Navy, on 04 June, commissioned SLNS Samudravijaya, formerly United States Coast Guard Cutter Decisive. It is the fourth mothballed US Coast Guard cutter transferred to the SLN through the US Excess Defence Articles Programme. President Anura Kumara Dissanayake attended the ceremony at the Colombo Port. The US Embassy in Colombo, in a statement issued on the same day, quoted Defence Attaché Lieutenant Colonel Matthew House as having said: “Few partners have demonstrated the commitment to maintaining and operating these vessels as successfully as the Sri Lanka Navy. The outstanding condition and operational performance of SLNS Samudura, SLNS Gajabahu, and SLNS Vijayabahu are a testament to the professionalism and technical expertise of Sri Lankan sailors. Their stewardship of these vessels helped build the confidence that made this fourth transfer possible.” The first of the four vessels SLNS Samudura was commissioned on 19 February, 2005, during Chandrika Bandaranaike Kumaratunga’s tenure as the President. Milinda Moragoda, Economic Reforms and Science and Technology Minister of the previous UNP-led UNF government, played a significant role in acquiring that vessel. SLNS Samudura boosted SLN and participated in numerous operations, including the high profile hunt for LTTE floating warehouses, during the Eelam War IV. But, the US refrained from transferring any more big ships during the war though on the then Navy Commander Vice Admiral Wsantha Karannagoda’s request to provide intelligence and Washington obliging, made the successful hunt for LTTE floating arsenals in the last stages of the war possible. The transfer of the second vessel took place 19 years after the end of the war. Ex USCG Sherman was commissioned 06 June, 2019, as SLNS Gajabahu (P626). The third vessel was transferred to the Sri Lanka Navy on October 26, 2021, as the country was heading towards an unprecedented economic crisis. That vessel was commissioned as SLNS Vijayabahu at the Colombo Port with the participation of President Ranil Wickramasinghe and US Ambassador to Sri Lanka Julie Chung on November 20, 2022. Ironically SLNS Gajabahu, one of the ex-US vessels prominently figured in the contingency plan to save President Gotabaya Rajapaksa, but whose downfall was engineered by the US.
By Shamindra Ferdinando
The moment President Gotabaya Rajapaksa decided to take up residence at the President’s House (Janadhipathi Mandiraya), Fort, in the first week of April, 2022, the Navy had no option but to prepare a thorough contingency plan, in case the regime change project posed a realistic threat to the life of the President.
The President, in consultation with senior military officers, made his move within 48 hours after violence erupted outside his private residence at Pangiriwatte, Mirihana, on the night of 31 March, 2022. That decision seemed realistic and sensible at that time.
But, in the wake of the disastrous overall armed forces response to the coordinated violence unleashed by the regime change project on 09 May, 2022, in the aftermath of the Temple Trees ordered attack on Galle Face protesters, the top brass must have recognised the urgent need for total overhauling of security strategy. But, unfortunately, that hadn’t been the case. With violent crowds overwhelming the armed forces, deployed to block them, rapidly approaching the President’s House, those who had been at the makeshift Operations Room there were stunned.
In hindsight, the President’s decision to remain at the President’s House, regardless of the near failure on the part of the armed forces to repulse the raid on Temple Trees, on 09 May, seemed unwise. The rescue operation could have gone wrong and the war-winning President Mahinda Rajapaksa could have ended up in the hands of an angry mob.
Perhaps, the conspirators envisaged the President’s move, from Pangiriwatte to the President’s House, situated walking distance away from the Galle Face protest site, where they could draw additional strength.
The failure on the part of the government to take tangible measures, in the wake of the President’s House becoming the sole target on that fateful day, is a contentious issue that needs to be properly investigated. Don’t forget that the court case filed over the 09 May attacks on the residences and properties belonging to SLPP politicians, and some supporters ,was later withdrawn. The Wickremesinghe-Rajapaksa government never investigated the 09 May incidents.
Exactly two months after the mobs almost succeeded in breaking through defences at Temple Trees, on the night of 09 May/10, where Prime Minister Mahinda Rajapaksa was residing, they mounted the assault on the President’s House.
In the wake of the 09 May mayhem, President Gotabaya Rajapaksa named Lt. Gen. Vikum Liyanage as the Commander of the Army. He succeeded General Shavendra Silva who served as the CDS but was out of the country when all-out mayhem was unleashed by the Aragalaya mobs on 09 July, 2022, to oust the sitting government.
In spite of a direct and growing threat to the President’s House, on 09 July, 2022, the President felt confident in meeting the challenge. The President issued a directive to the Secretary, Ministry of Defence, General (retd.) Kamal Gunaratne, to shift the Operations Room from the Defence Force Headquarters, at Akuregoda, to the President’s House. Having shifted the Operations Room on 08 July, 2022, to the President’s House, as directed by the President, the top brass prepared to face the challenge.
Maj. General K.B. Egodawela, who served as an Additional Secretary (Administration) to the President, from the day the President moved to the President’s House, till he vacated on 09 July, 2022, in his memoirs ‘Aragalaya: Adarayen Prachandathwayata’ (From Love to Violence) revealed that though the top brass opposed the shifting of the Operations Room they carried out the directive. While the President felt that the top brass could collectively work at the President’s House to bring the situation under control, Gen Gunaratne proposed that the President should move to Akuregoda Defence Forces Headquarters, according to Egodawela. In fact, Gunaratne, who had been with Gotabaya Rajapaksa from the very beginning of the sinister campaign, strongly opposed the President’s decision to remain there.
Obviously, the President’s House pathetically failed to ascertain the scale of the protest and the rapidity with which protesters overwhelmed troops deployed outside the President’s House stunned the top brass. Had they swiftly reached consensus on Gen. Gunaratne’s suggestion, perhaps the 09 July regime change operation could have been thwarted. The armed forces could have resorted to tougher measures to prevent a march on Akuregoda Defence Forces Headquarters had the President agreed to move there.
Within two hours after the protest, targeting the President’s House began, video footage provided by drones indicated that troops couldn’t hold the rampaging mobs any longer. According to Egodawela, the top brass had been prepared to remove the President, even without his consent, by landing a helicopter in the Colombo harbor or by ship. Finally, they resorted to the second option. As the President and First Lady Ayoma got into a vehicle and took the rear exit into the adjoining former Navy Headquarters, mobs entered the President’s House. Another vehicle carrying several other persons followed.
The then Navy Commander Vice Admiral Nishantha Ulugetenne who had been with the President at the President’s House got into the vehicle carrying the President. Had they stayed at the President’s House for 10 more minutes, the consequences could have been devastating. https://island.lk/gotabayas-escape-from-aragalaya-mob-in-rti-spotlight/
Egodawela, who had been with the President from the very beginning of the presidential term, alleged that the raiders planned to kill the President and several others and display their bodies. The author quoted an unidentified intelligence officer as having told him that the raiders wanted to display the bodies the way LTTE leader Velupillai Prabhakaran’s body was shown.
Perhaps shifting the Operations Room from Akuregoda Defence Force Headquarters to the President’s House had been a risky move that, in a way, facilitated the regime change operation. The rationale in bringing those who had been tasked with countering the impending threat to one place (President’s House) to be with the target (Gotabaya Rajapaksa) seems unbelievably a dicey move. The President had been influenced by what he described as inordinate and unforgivable delay on the part of the Akuregoda Operations Room to carry out timely evacuation of Prime Minister Mahinda Rajapaksa on the night of 09 May from Temple Trees. Most probably, the President wanted to oversee the 09 July counter operation personally. But, in hindsight, the decision to shift the Operations Room from Akuregoda to the President’s House obviously hadn’t been a clever move.
SLN preparations
When mobs threatened to overwhelm the President’s security at Pangiriwattta, on 31 March, additional police and STF contingents were brought in. They were followed by the Navy and Air Force. The Army arrived at the scene, subsequently.
As pointed out by the President himself, the situation at Temple Trees, on 09 May, had been far worse and the combined police and armed forces response revealed that they hadn’t taken precautionary/counter measures, even after the Pangiriwatta fiasco.
At the time of the incidents, the overall Temple Trees security deployment included about 60 elite Special Boat Squadron (SBS) personnel deployed within the premises and were supplemented by seven SLN platoons. The Army also moved in to strengthen Temple Trees defences but the mobs pressed on till troops fired blank ammunition.
The top brass, directing counter measures from Akuregoda Defence Force Headquarters, had to act swiftly and decisively to evacuate those at the Temple Trees or face the consequences. As there hadn’t been any other alternative place of living proposed, Prime Minister Mahinda Rajapaksa, wife Shiranthi and their eldest son Namal were escorted to nearby former Air Force Headquarters and from there flown to the Trincomalee Navy base. VA Ulugetenne, over the phone, issued instructions to the relevant officer in Trincomalee to make arrangements as two helicopters carrying the group took off from the helipad on the top of the former Air Force Headquarters. The helicopters departed around 04 in the morning.
They had stayed at Trincomalee Navy House for about a week and, as requested by the Navy, paid for their stay because by then Mahinda Rajapaksa had resigned. Perhaps, they could have taken refuge at the Panagoda Army cantonment or at Saliyapura, home to the Gajaba Regiment, but, at the end, sought the protection at the Trincomalee Navy base.
Ironically, President Gotabaya Rajapaksa, too, had to take refuge at the Trincomalee Navy base, exactly two months later. Ever since the President moved into the President’s House, Fort, the Navy had been on their toes to meet any eventuality. The daunting task of arranging evacuation by sea fell on the shoulders of VA Ulugetenne, who, meticulously, planned the operation with his staff.
Having informed the President of the contingency plans, VA Ulugetenne stationed two Advanced Offshore Patrol Vessels (AOPVs), namely SLNS Sindurala and SLNS Gajabahu and four Fast Attack Craft (FACs), at the Colombo Port. It would be pertinent to mention that SLNS Sindurala, built at the Goa shipyard, in terms of an agreement signed at the tail end of the Mahinda Rajapaksa government, was adjudged the best vessel in the SLN fleet in 2022.
Additional SBS personnel and snipers, too, had been brought in to Colombo though none of them knew exactly what their task would be. The OPV and FAC crews most probably felt that they were awaiting orders for a major anti-drug operation in the high seas.
As the decision was made to evacuate the President and the First Lady, the Chief alerted the vessels and quickly deployed tugboats to pull SLNS Sindurala and, shortly thereafter, SLNS Gajabahu, formerly of the US Coast Guard, carrying the President and the First Lady. By the time the two AOPVs moved in different directions, on the instructions of VA Ulugetenne, the hand phones of SLNS Gajabahu crew were collected to prevent them from revealing what was happening. Along with the AOPVs, two pairs of FACs had moved out to sea. (https://island.lk/ranil-reveals-bid-to-get-rid-of-him-while-gr-was-fleeing-to-trinco-on-board-slns-gajabahu/)
Nearly 12-hour journey to Trinco
The SLNS Gajabahu, formerly of the US Coast Guard, had a crew consisting of over 100 officers and men. Someone, most probably a port employee, posted a short clip of some unidentified persons taking large travelling bags into the ship but the President, First Lady and VA Ulugetenne going in were never captured on a camera.
As the vessel began its journey towards Trincomalee, it remained approximately 12 nautical miles from land and the President received many calls, some of which weren’t answered. VA Ulugetenne, too, received quite a number of calls. Those familiar with the developments at that time said that some felt that SLNS Gajabahu should move out of Sri Lankan waters. There had been suggestions that the destination should be the Maldives, India or Singapore. Regardless of such suggestions, SLNS Gajabahu proceeded towards Trincomalee where the Navy made necessary arrangements to host them.
Captain Marlon Perera, who still serves the Navy, had been the Commanding Officer of the vessel. Perera now holds the Commodore rank.
During the journey precautions were taken to ensure the safety and security of the President and the First Lady. Although the crew hadn’t been aware that they would be entrusted with such a sensitive task at a time the country was in crossroads against the backdrop of an economic collapse and sovereign default, there were fears of the crew being affected by propaganda in support of regime change operation.
The attempt made by sailor Wijemuni Vijitha Rohana de Silva to cause harm to Indian Prime Minister Rajiv Gandhi, way back in July, 1987, underscored the necessity to take precautions during the Colombo-Trincomalee journey as the possibility of anti-Gotabaya campaign having an impact on at least some members of the ship crew couldn’t be ruled out.
On July 30, 1987, during a guard of honor in Colombo, the 21-year-old naval rating struck Gandhi on the shoulder and back with the butt of his rifle. Gandhi narrowly avoided the full impact of the blow by evasive ducking.
On the invitation of VA Ulugetenne, Gotabaya Rajapaksa attended all the formalities in respect of a visit undertaken by the President to the Trincomalee Navy base. The President participated in those formalities knowing that he couldn’t attend the commissioning parade that was scheduled to be held on 15 July, 2022. The Navy was not in a position to put off the commissioning parade hence the decision to invite Defence Secretary Gunaratne as the Chief Guest.
Ulugetenne retired from active naval service on 18 December, 2022, following a distinguished career, spanning over 37 years. He received the appointment as the 24th Commander of the Navy in July, 2020, just a couple of months after Gotabaya Rajapaksa’s election as the President.
Wickremesinghe, in his capacity as Gotabaya Rajapaksa’s successor, appointed Ulugetenne as Sri Lanka’s Ambassador to Cuba. The appointment was made in late 2023 and the retired Navy Chief presented his credentials to Cuban President Miguel Díaz-Canel on 13 February, 2024 (https://island.lk/from-fonseka-convictions-to-arrest-of-ulugetenne/)
However, within weeks after the last presidential election held in late November, 2024, the NPP government recalled over a dozen top envoys appointed by the previous administration. Admiral Ulugetenne was among them. The government deprived a decorated officer, who had served the country for nearly four decades, from completing his term in Havana. Within months after his return, he became the target of a murder investigation.
Then out of the blue the retired Navy Chief became the focus of a murder investigation, that, too, post-war. The Criminal Investigation Department (CID) arrested him on 28 July, 2025, over the disappearance of a person reported in July, 2020.
Kurunegala High Court Judge Tikiri Jayatilleke, on 14 October, 2025, granted him bail. Jayatilleke declared that the CID acted in an illegal manner in respect of the former Navy Commander. His counsel Kalinga Indatissa, PC, alleged in court that his client had been apprehended only on the basis of an ex-LTTE cadre’s allegation in the absence of any evidence
The next hearing is scheduled for 08 July, 2026. Ulugetenne was held at the Kegalle Prison for four days and then transferred to the Dumbara (Pallekale) Prison. Altogether, he was in prison for 80 days, like a common criminal, despite him being a former Navy Commander with an unblemished career record.
Wartime Chief of Naval Intelligence, Rear Admiral (retd) Sarath Mohotti, who had been also arrested in connection with the same investigation, was also granted bail, a few weeks later.
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