Opinion
The day the editor stood in the dock!
(With Contempt of Court cases making news recently, we publish today an article written by E.C.B. Wijeyesinghe, a famous journalist of yesteryear on the Contempt of Court case against the Editor of the Daily News in the nineteen thirties)
One of the occupational hazards of the editor of a newspaper is to suffer for other people’s sins. There is, of course, a sacred precedent for this kind of undeserved torture: but you cannot put up that plea in mitigation of the punishment when you stand face to face with the majesty of the law. In case you are eager to know what I am driving at, let me say at once that this is just a preamble to a story about an illustrious editor of the Ceylon Daily News who escaped by the skin of his teeth from spending a holiday in the Welikade Prison.
His name is Herbert Hulugalle, who joined the ‘Daily News’ in 1918, when the paper was a toddler and helped the proprietor, D.R. Wijewardene for 30 years to tend it until it grew up to be a mighty giant. For 17 of these 30 years he was the Editor and made the newspaper the most powerful driving force towards Ceylon attaining political freedom. He severed his connection with journalism only after Ceylon became independent and then proceeded to shine in other fields. Hulugalle’s monumental work ‘The Life and Times of D.R. Wijewardene” is virtually the most authoritative and gripping narrative of perhaps the most exciting period of our history.
BUSYBODY
The seed of the trouble in this case was eventually traced to some busybody in the Law Library, who wanted to ingratiate himself with Wijewardene by feeding him with what he thought was a juicy tit-bit. Forty years ago, as now, the Law Library was a sort of clearing house for gossip and the younger practitioners waiting for briefs revelled in stories which had the slightest odour of scandal. They gave flesh to the bare bones of the naughty rumour and embellished it in such a way that there was a big gap between the authorised version and the revised version that was circulated in the corridors of Hulftsdorp. The story that reached the ears of Wijewardene, however, lacked the usual salacious sauce. It was built up on a much more serious theme, namely, that the Supreme Court judges were giving themselves holidays to which they were not entitled. It was a report without any foundation whatsoever but it was good material for a powerful editorial.
TROUBLE
Wijewardene soon got going. He was not the man who allowed the grass to grow under his feet. The Lake House telephone bells started ringing, but the Editor, Herbert Hulugalle, happened to be away. Wijewardene got hold of the next best man in the office to give expression to his indignation. He happened to be J. L.Fernando, who for many years wrote the Parliamentary summary and the weekly political notes for the ‘Daily News.’ From the tone of the Chief’s voice, J. L. Fernando knew that something strong had to be written, and that, quickly. Fernando, who was an Oxford man, put his best foot forward and produced the stuff. To make matters worse from the legal point of view, he gave it the somewhat sarcastic but sinister title ‘Justice on Holiday.’ Then everybody went to bed, happy that the day’s good deed had been done.
TOO LATE
But the euphoria did not last long. At the bewitching hour of midnight something stirred. It was Wijewardene’s conscience. The Chief, whose journalistic instincts for self-preservation were highly developed felt there was something wrong somewhere. He went back to bed with an uneasy feeling, but woke up at half-past four in the morning when the offending sentences began to haunt him again and again. According to what the Boss told Hulugalle, his first impulse at dawn was to take up the telephone and have the editorial altered. But it was too late. Before the cocks began to crow Wijewardene was consulting his lawyer friends to prepare a defence. Shortly afterwards, the fat was in the fire. There in the dock stood the meek and mild Herbert Alexander Jayatilleke Hulugalle, the innocent victim of circumstances, perhaps paying the penalty for some sin he had committed in his previous birth. As the Editor of the ‘Daily News,’ he had to take the full responsibility for what appeared in his paper. He knew it, the proprietor knew it, the leader writer knew it and, above all, the Judges knew it.
FULL COURT
There he was, arraigned for Contempt of Court before a Full Court which is an awesome thing under any circumstances. All the King’s Counsel and all the King’s men, down to the humblest Fiscal’s peon, came to watch the show. In Hulftsdorp and the precincts it was like a Roman Holiday with a harmless Christian being thrown to the lions. The Court consisted of the Chief Justice, Sir Sydney Abrahams, Mr. Justice M.T. Akbar and Mr. Justice F.H.B Koch. Wijewardene retained two of the most eminent practitioners at the Bar to defend Hulugalle. They were R.L. Pereira, K.C, and H.V. Perera, K.C. A better combination could not be found. When the talking began, it became apparent that Sir Sydney Abrahams was riled, not only by the editorial, but by an affidavit for the defence prepared by the great E.J. Samerawickreme, K.C. himself. That affidavit was so ingeniously worded that it sought to make excuses for the editorial without making a full apology. That annoyed Sir Sydney a little more. For the fact of the matter was that there was no defence whatsoever for the offending article. The judges had merely taken a vacation to which they were fully entitled under the Courts Ordinance, which the busybody at the Law Library had misunderstood.
CHIEF ACTOR
Sir Sydney Abrahams, the principal actor in the drama, eventually became a member of the Judicial Committee of the Privy Council. He was Chief Justice of Ceylon for three years from 1936 to 1939. Of Jewish extraction, he was one of a trio of brilliant brothers, all of whom excelled at Cambridge in studies as well as in athletics. Before he came to Ceylon he was Chief Justice both in Uganda as well as Tanganyika. As an athlete, he represented Cambridge against Oxford in the long jump and 100 yards for three years, and then went on to be chosen as the British representative in the Olympic Games at Athens and Stockholm. He was the World’s Amateur Long Jump Champion in 1913. An athlete of that calibre had never before adorned the Supreme Court bench of Ceylon and he was generally regarded not only as a great sportsman but as a good sport. But even sportsmen lose their temper when for no valid reason, people try to be funny at the expense of the highest tribunal in the land. All the judicial lions, however, were not in the mood to devour their victim, but their leader could not be restrained because the highest court in the land had been held up to ridicule on baseless grounds. It was the title of the editorial, ‘Justice on Holiday,’ that hurt more than the contents.
CONCESSION
As a mild concession to the “Daily News” which then took pride in describing itself as the watch-dog of the nation, the accused was unleashed for the moment and allowed to sit behind his defenders, which he did biting only his own nails or what was left of them. Money was of no consequence to Wijewardene when it came to a fight. He was always ready to do battle for the freedom of the Press and stand up for his staff. In this instance, however, he knew he was on a sticky wicket. Hulugalle was sentenced, without much demur, to pay a fine of Rs. 1000 and to “imprisonment till the rising of the Court.” The fine was paid promptly because Wijewardene had sent one of his two trusted men, P.C.A.Nelson or E.E.C. Abayasekera, (I forget which one), with a large bundle of currency notes to cover ten times the prescribed punishment, in case it was only a fine.
But the fly in the ointment was the second part of the sentence. Imprisonment is imprisonment, whether it is till the rising of the Court or the arrival of Doomsday. Wijewardene’s strategy was now confined to finding a face-saving device. He decided to appeal to the Privy Council in London and retained Gavin Turnbull Simonds K.C. with Hugh Imbert Hallett, K.C. as junior. On the very day that the appeal came up Simonds was made a judge of the Chancery Division of the High Court. This was just a stepping stone of the Lord High Chancellorship of Britain. Hugh Hallett, K,C, also rose to be a High Court Judge, Queen’s Bench Division. All of which goes to show, that as in Ceylon, the best legal brains in England were harnessed to save Hulugalle. But alas, Justice was not on holiday even in the Privy Council and the appeal was dismissed. When the record of the case came back to Ceylon, Hulugalle was hauled out of his editorial seat once more in order to serve his sentence.
Luckily for him, he still possessed the black coat and striped pants in which he had taken his oaths as an advocate. Shaking off the moth-balls from these garments which he had not worn for fifteen years, Hulugalle slipped into the Supreme Court like a thief in the night, to take his punishment. Those who recognised him, wondered what he was doing in this strange attire. He sat among the advocates, poring over a New Law Report, but all the while serving his sentence till the rising of the Court. At the lunch interval the Registrar of the Supreme Court, Guy O. Grenier, an old friend, virtually took Hulugalle by the hand and led him to his sanctum where they shared Grenier’s sandwiches. Back in Court, Mr. Justice Poyser, the presiding judge, who had a keen sense of humour now seemed to be aware of the comedy of Hulugalle’s incarceration, as the accused was slipping in and out of chairs and pretending to be deeply absorbed in law books which he had not touched since he left the Law College, where Mr. Justice Akbar was one of his teachers. Poyser rose to the occasion. For some unknown reason he adjourned the Court much earlier than usual indicating the fall of the curtain on the case.
Poyser bowed to Hulugalle, Hulugalle bowed to Grenier and Grenier bowed to the Counsel, while the Court Crier shouted himself hoarse in a tone suggesting that justice will be done though the heavens fall. Hulugalle quietly proceeded to Lake House, where he received a warm welcome from his colleagues, but better still a substantial cheque from his Boss to compensate him not only for his pain of mind, but for the fine performance he had put up as an actor.
(From “The Good at their Best” Selected writings of E.C.B.Wijeyesinghe, Actor and Journalist)
Authors: Directors of Solar Village SDG CIC
www.solarvilllagesdg.org
I.M. Dharmadasa (Emeritus Professor), Nilmini Roelens (Solicitor) and Saroj Pathirana (Journalist)
The purpose of this article is to inform the Cabinet discussion on Solar Power proposed by the Ceylon Electricity Board (CEB)
Net metering and the Prosumer
The CEB has put forward a motion to the Sri Lankan Cabinet which proposes to reduce the unit price payable under the various net metering schemes to the “prosumer” (the owner of a solar panel system).
A prosumer is a blend of producer and consumer, referring to individuals who both create and consume. This is based on the notion that most producers of electricity through self-owned solar panels generate more than double their own needs as consumers. It thus enables the prosumer to connect to the national grid and receive money on a pay back scheme from the CEB for the excess electricity they produce.
What is this debate about?
Currently there are four schemes.
The Public Utilities Commission of Sri Lanka explains the various schemes involving roof -top solar solutions thus under a heading published in October 2023 – Rooftop Solar PV Connection Schemes. The two most noteworthy schemes are the Net plus and the Net plus plus schemes.
https://www.pucsl.gov.lk/rooftop-solar-pv-connection-schemes/
Through the NET Plus Plus Scheme CEB regards the prosumer as a mini power plant holder which maximises roof top generation well beyond the prosumer’s own needs making maximum use of extra roof space. This would work well for schools and companies with large buildings. CEB used to pay Rs. 37 per unit to the prosumer for up to 500kW. This unit price was available between 26 October 2022 to 1 July 2024. However, as of 1 July 2024 the unit price was reduced to Rs. 27.
We understand the new CEB proposal to the cabinet is to scrap this scheme altogether.
In relation to the Net Plus scheme which is the more accessible and popular scheme for ordinary householders the current CEB proposal is to reduce the unit price even further to Rs. 19 for solar power systems generating less than 20 kW, whilst for those generating between 20 – 100 kW the unit pay back will be Rs.17 and those generating between 100 – 500 kW will receive Rs.15 per unit.
The installation costs of a 5-kW solar panel is now around Rs 1.0 million. The cost of solar panels has in fact come down over the years and the units are recyclable. The lifespan of a solar unit is expected to be in the region of 22 to 25 years. There are now over 300 active solar companies in Sri Lanka. This is a rapidly growing sector with the prospect of generating employment for tens of thousands of young Sri Lankans for many years to come as technicians, administrators and entrepreneurs. The potential advantages for the economy are extensive Sri Lanka’s growth of the renewable energy sector using freely available sunshine available virtually all year-round given the geographical proximity to the equator
It is not just about reducing the electricity bills of the prosumer. This green energy solution would also mean we avoid the heavy annual cost of the import of fossil fuels into Sri Lanka which very seriously affects its balance of payments each year. The unwarranted need for environmentally damaging energy sources like coal, diesel and nuclear (with its inherent dangers and enormous costs), etc., will lead to a meaningless downward spiral of more debt, enhanced climate risk and pollution.
The intermittency argument
The argument of intermittency of renewables is a misguided premise. Some may argue that seasonal variations of renewables such as solar or hydro power may make them unreliable. This can very easily be remedied by investment in a smart grid. This can be done by upgrading the existing transformers and grid lines. A policy decision would be required at cabinet level to advise the CEB to reinvest any profits for this purpose.
Green Hydrogen is the future
Solar generated power can be harnessed to invest in Green Hydrogen solutions which could mean that rather being an importer of fossil fuels, that the rest of the world is turning away from, Sri Lanka becomes an exporter of green hydrogen to countries in the northern hemisphere where sunshine is scarcer.
Picture what it could do to the Sri Lankan economy if, rather than being dependent on imports of polluting and expensive fuel which can exacerbate the climate crisis, we transform our island into an eco-tourist paradise and become an exporter of clean green hydrogen.
Green hydrogen is created by splitting water molecules into its components of Hydrogen and Oxygen. The hydrogen gas can be compressed and stored for export. The minimum voltage required for splitting the water molecule is about 1.50 Volts DC and scaling up and commercialisation is happening throughout the world currently.
Rebranding Sri Lanka as a renewable energy island
To limit imports of fossil fuels for automobiles, a policy decision at governmental level could provide concessions for electric cars for solar roof owners and encourage the use of solar powered charging stations. The annual cost of imports of petrol and diesel would reduce overtime as Sri Lanka encourages clean and green electric cars.
Whilst the rest of the world is turning to renewable energy with alacrity, Sri Lanka ought not turn to fossil fuel imports in breach of its commitments to the international community.
In 2015 Sri Lanka signed up to the United Nations 2030 Agenda. Ahead of the Paris Summit Sri Lanka set out its climate action plan which the UN Framework Convention on Climate Change (UNFCCC) stated “Countries have agreed that there will be no back-tracking in these national climate plans, meaning that the level of ambition to reduce emissions will increase over time.”
(https://unfccc.int/news/sri-lanka-submits-its-climate-action-plan-ahead-of-2015-paris-agreement)
Sri Lanka has a real opportunity to rebrand itself as a renewable energy island. This means moving towards the commitments made at UNFCC – COP25, Sri Lanka Country Statement in Madrid in December 2019:
“Sri Lanka recognises the importance of the role of COP and highlights the need to take effective and definitive steps for finalising the follow up actions of the Paris Agreement.
The rise of the global mean temperature and the resulting changes have created adverse impacts on key sectors of Sri Lanka, such as agriculture, forestry, biodiversity, marine and fisheries, tourism and energy (hydro power) sectors, leading to disastrous effects on its people, ecosystems and economy. According to official statistics from 2008 to 2018, droughts, floods and landslides have affected over 15 million people, and losses and damages resulting from these calamities have been borne by Sri Lanka’s national budget… Sri Lanka is committed to inclusive and participatory climate actions to ensure that affirmative actions are taken to address the vulnerabilities of climate change.“https://unfccc.int/sites/default/files/resource/SRILANKA_cop25cmp15cma2_HLS_EN.pdf
Why is reduction of the unit price a very regressive, harmful measure?
The reduction will discourage the use of clean renewable energy in favour of higher imports and a move towards dangerous and expensive sources of energy.
The consequences of a reduction of unit price will thus be far reaching beyond the loss to the prosumer.
Lithium battery storage options mean that even when the sun stops shining at night or in the wet season the solar panel produced energy can continue to be used. It is very likely that current solar companies will need to diversify to survive and move towards lithium battery storage solutions and inverters so that year long, 24-hour access to energy is available without recourse to the national grid for their customers. As individuals and institutions go off grid CEB’s income will dwindle in the long run as the private sector takes over.
Recommendations to the cabinet
We make the following recommendations to the Government of Sri Lanka:
(i) At present we have a fragile grid, and the CEB should strenuously endeavour to minimise energy leakages and improve the grid by replacing weak transformers and grid lines. Such continuous improvements will enable us to move towards a “Smart Grid” enabling absorption of large amounts of intermittent renewable energies like wind and solar.
(ii) At present we have ~1500 MW of renewables installed, comparable to hydroelectricity. When solar power is plentiful during the daytime, hydro power can be reduced simply by controlling the water flow without any technical difficulties. This is one way of assuring energy storage while balancing the grid energy.
(iii) Another solution for this is pumped-water storage plants. It is important to follow through with such measures which have now been under discussion for some time.
(iv) The future energy carrier is green hydrogen (GH) produced by electrolysing water using both wind and solar. A global Green Hydrogen revolution is taking place, and GH can be used to run vehicles using fuel cell technology. Trains and buses are being run with GH technology in Europe. GH can also be converted into ammonia and methanol to produce fertilizer and be applied for other industrial uses. Sri Lanka must not be left behind.
(v) GH can be stored and burned whenever energy is needed, especially during nighttime. Only water vapour is produced during the burning of hydrogen without any air pollution. Sri Lanka already has the Sobhadanavi LNG plant which is almost ready to use. Since we must import LNG to run this power plant, we should be able to reduce the LNG import bill by half by mixing the natural gas (methane) with the locally produced GH. See here:
(vi) Local solar energy companies should install high quality solar energy systems and provide “after sale services” in accordance with their guarantees.
(vii) PV companies should also be encouraged to collaborate with local electronics departments to manufacture accessories like inverters and other components needed for these systems, creating new jobs, and reducing the total cost of the systems.
(viii) In addition to grid tied solar roofs, the PV companies should also market hot water systems and water pumping systems. As a country reliant mainly on agriculture, solar water pumping and drip irrigation systems, especially in the dry zone, provide a huge potential for increasing food production.
(ix) Battery capacities are improving, and costs are coming down. This can be encouraged pending replacing grid infrastructure.
(x) It is important to increase public awareness through government funded campaigns. The public should recognise the dangers of using imported and expensive fossil fuel and the importance of using renewables.
(xi) The public should also recognise the advantages of having a clean environment, health benefits and enhanced living conditions.
(xii) A community development project called “Solar Village” to empower needy communities, accelerate their sustainable development, reduce poverty and take climate action has been developed over the past two decades. Seven solar villages have been established and funding for three more solar villages have been obtained.
Solar Village SDG, a UK based community interest company has been established to encourage the use of renewables and to pilot programmes which will support sustainable development goals. This includes providing access to a quality education for all via smart rooms which will be set up alongside solar villages in rural schools. Such initiatives could be encouraged and supported.
Time was when we had to observe the five precepts chanting in front of the omnipresent Buddha statue in every Buddhist household, and pay homage to parents straight afterwards. Attend mandatory Sunday schools, trek about 6 miles (return) to Moratu Vidyalaya’s main hall together as a family on Fridays to listen to a sermon by erudite visiting monks from the Vajiraramaya and elsewhere.
Having been settled in the UK for half a century, I can only go by what I read and hear from Sri Lankan friends and families. All those practices seem to have changed for the worse, sadly! Living in luxury, temples are run on business models nowadays! Monks ask what they wish to eat at alms-givings, including pork, etc., tell how much it costs the laypeople to invite them, etc! Unbelievable to say the least! I dare say it seems to start from the top of the hierarchy – the Kandy Temples, where the prelates live and are patronised by all politicians from Presidents, Prime Ministers and others! Some monks engaging in politics is not uncommon! For example, a recent statement made by Ven. Dodampahala Rahula Thera during a religious ceremony held to bless former President Ranil Wickremesinghe on his birthday has sparked widespread discussion on social media.
Speaking at the event, Ven. Rahula Thera had claimed that he had advised then-President Wickremesinghe not to import fuel ahead of the 2024 Presidential Election. However, the Thera has since clarified that the remark was made in error due to the pressure of the moment. Pertinent question is why did he choose such intervention?
All these are in such sharp contrast to Buddhist monks in the Western world and South East Asia where they shun luxury to lead a truly monastic lifestyle in order to practise what they preach.
Respected and loved in his own country as a man of great wisdom, Ajahn Cha was also instrumental in establishing Theravada Buddhism in the West. Beginning in 1979 with the founding of Cittaviveka commonly known as Chithurst Buddhist Monastery) in the United Kingdom, the Forest Tradition of Ajahn Chah has spread throughout Europe, the United States and the British Commonwealth. The dhamma talks of Ajahn Chah have been recorded, transcribed and translated into several languages.
More than one million people, including the Thai Royal Family attended Ajahn Chah’s funeral in January 1993 held a year after his death due to the “hundreds of thousands of people expected to attend”. He left behind a legacy of dhamma talks, students, and monasteries. The little I know of Buddhism teaches me to practice His Noble Teachings. It follows therefore the importance of listening to practising Buddhist monks who actually command respect, not by their titles! They don’t mean anything to me. Not familiar with various Nikayas, I think Buddhist monks should have both their shoulders properly covered in the interests of propriety! Though not a vegetarian, I believe in Ahimsa as even little spiders feel pain. Though my wife is scared of them, I tell her they are scared of her, more to the point! So, I catch the innocent crawly creatures by hand to throw them out of harm’s way! We have stopped the practice of throwing inevitable food waste into Council provided bins, instead collect them on a regular basis to feed wildlife we have in abundance around rural Wales we live in. They are all gone the following day including old marrow bones after our two little dogs finish with them! It gives us great pleasure! In the end, it all boils down to respecting Mother Nature! It’s Mother’s Day today to remember Mother Nature and how proud I am of my surname!
Sunil Dharmabandhu
Wales, UK
Former Vice Chancellor, Eastern University
President, Batticaloa District Chamber of Commerce, Industries, and Agriculture (BDCCIA)
It has been announced that Prime Minister of India Narendra Modi will be visiting Sri Lanka this week
It is also understood that the Prime Minister will meet the Sri Lankan leaders and hold formal meetings for discussion and action. There will likely be many issues on the agenda.
However, in a country with centuries-old ties to India and a significant population with strong affiliations to the Indian people, it will be a pity if the Prime Minister were to limit his engagements to government representatives alone. While parliamentarians may be an obvious choice for meetings, they have already engaged with Indian counterparts frequently. It would be more relevant for the Prime Minister to meet with representatives from business sectors, trade unions, and chambers of commerce to gain a broader and more practical understanding of Sri Lanka’s economic landscape and its relations with India.
The Eastern Province, in particular, has a special claim for attention. The Indian government has previously indicated its commitment to developing the East, and it is crucial to have direct discussions with communities in the Eastern Province to understand their issues and the agreements India is willing to pursue in relation to development. If this does not happen, the Eastern Province risks being, once again, misled by promises that never materialise—a mirage that keeps its people hopeful but ultimately unfulfilled. The East has long remained in the blind spot of development, acknowledged but never truly engaged, resulting in rising poverty and unemployment. It desperately needs a concrete programme for meaningful restoration and growth.
Batticaloa, in particular, lacks both the political backing that Ampara enjoys and the economic advantage of Trincomalee, which benefits from its harbour. Without targeted intervention, Batticaloa and other underserved areas in the East will continue to lag behind.
India needs to be more aware of the Eastern Province’s potential if it is to play a constructive role in its development. The region is naturally gifted with abundant resources, making it highly suitable for agriculture, fisheries, dairy farming, and tourism. It has vast lagoons, water bodies (Thonas) that connect to the sea, forests, and coastal ecosystems—elements that create immense economic potential. India has expertise in all these sectors, and tourism, in particular, could thrive with increased engagement, given the presence of Hindu temples of cultural and religious significance to the Indian population.
The dry zone, which dominates the North and East, shares similarities with Indian landscapes, making it ideal for cultivating crops and flowers with mutual trade agreements. Expanding fisheries within the 200-mile exclusive economic zone in the East, as well as harnessing ocean floor resources, presents a valuable opportunity for both India and the Eastern Province. Additionally, the large cattle population in the region could greatly benefit from India’s expertise in dairy production, as India is the world’s largest milk producer. The vast lagoons in the East rival those of Kerala, offering significant potential for inland tourism with boat services and associated activities.
The scope for development is clear, but what remains uncertain is India’s real commitment as a development partner, as stated by the Sri Lankan government. The Prime Minister’s visit must engage with all communities to ensure transparency and assurance that the East will not be left behind.
It is also crucial for the Eastern Province to be treated with the same level of importance as the North. The North has its own dedicated branch of the Indian High Commission, and the Malayagam community has established formal links with India. However, the Eastern Province appears to be the forgotten limb in this equation, and this neglect must be addressed.
The Eastern Province also continues to grapple with unresolved issues from the past conflict, including physical and cultural encroachments. The region was separated from the North through a court ruling two decades after the Indo-Sri Lanka Agreement’s merger of the North and East, yet it has never had the referendum required by law. India’s interests in Trincomalee and its harbour are well known, but the larger population of the Eastern Province is still awaiting India’s engagement in the region’s overall development. The people in the East want India to be truly committed to facilitating progress in their region, and will eagerly look to see that its actions reflect that commitment.
Let us hope that this visit brings a mirror of true reflection and action, rather than be another mirage of unfulfilled promises.
by Prof. Emeritus Thangamuthu Jayasingam
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