Connect with us

Editorial

The Deshabandu dilemma

Published

on

It is not necessary to labour the fact that Thursday’s order by a three-judge bench of the Supreme Court determining that Acting IGP Deshabandu Tennakoon, among four policemen, pay compensation of Rs. 500,000 each from personal funds to a police torture victim will be deeply embarrassing both to President Ranil Wickremesinghe and his government.

They recently made the three month acting appointment of Tennakoon, the Senior Superintendent of Police at Nugegoda at the time of the human rights infringement upheld by court, occurred. He is alleged to have participated with other cops in the torture of the victim by beating an ex-soldier robbery suspect who had been stripped naked and ordered to rub Siddhalepa on his genitalia.

The determination held that Tennakoon, named in the fundamental rights petition, had produced no evidence to distance himself from the offence. “I am of the view that supervising officers are to be directly held liable for the conduct of their subordinates in appropriate instances, even in the absence of direct participation.

Supervising officers can be held liable where there is affirmatory participation or participatory presence on the part of such supervising officers; or, where they have, directly or indirectly, implemented or enabled unconstitutional policies by turning a blind eye towards unconstitutional practices directly under their authority,” Justice S. Thurairaja observed in the determination.

It is well known that President Wickremesinghe had on several occasions extended the tenure of previous IGP Chandana Wickremaratne beyond his retirement age. The Constitutional Council stood in the way of a further extension and the acting appointment was recently made probably because of that.

It was believed that the president did not favour the appointment of Tennakoon, a principal contender for the position, who appeared to have enjoyed the backing of Law and Order Minister Tiran Alles. However that be, the protracted period during which the appointment of a successor to the previous IGP was delayed, resulted in a controversial claim by the president that the Constitutional Council was part of the Executive, something which has been contested.

The public perception of the Constitutional Council is that it was created as a ‘checks and balances’ mechanism with regard to appointments by the State to important public office. The Parliamentary High Posts Committee, created prior to the Constitutional Council, has long been in existence and continues to function. But we do not recall any occasion, bar one, where the High Posts Committee rejected an appointment.

This was in the case of Mr. Upali Wijewardene, who had already served for a long period as Chairman and Director General of the Greater Colombo Economic Commission (GCEC) was ex post facto deemed an unsuitable choice. The High Posts Committee at the time was chaired by then Prime Minister R. Premadasa whose antipathy to Wijewardene was very much in the open. But President Jayewardene, who appointed Wijewardene to the GCEC which was the precursor to the BOI, decreed that he remains in office despite the High Posts Committee determination.

All that, of course, is past history and water under the bridges. What arises at the present moment of time is whether Acting IGP Tennakoon, who is on record saying the police will not harass peaceful protests, and has been at great pains to demonstrate that intensive anti-narcotic action by the police will be a major priority during his tenure, will continue to remain in office despite the Supreme Court determination.

Most readers know it is a given in most countries that the official held culpable in circumstances such as this will resign post haste or be made to do so. But this is Sri Lanka which tourism promoting blurbs proclaim to be “a land like no other.” So what is to follow is anybody’s guess.

Any search for precedents will take memories back to the J.R. Jayewardene presidency where the legendary Vivienne Goonawardene, the firebrand woman MP of the Lanka Sama Samaja Party (LSSP) in its glory days, was roughed up by police. The government rewarded the police officer involved with a promotion! Later the homes of Supreme Court judges were stoned. Anything is possible in a country such as this.

Since the determination in the instant case has been made by the Supreme Court, there is no easy way out as there is no higher court where an appeal may be lodged. Whether the incumbent president will opt for the same route chosen by his uncle Dickie remains to be seen. But it must not be forgotten that RW was not an enthusiastic backer of Dehabandu Tennakoon for IGP. It could also be mentioned here that Minister Prasanna Ranatunga, who is also the Chief Government Whip, held guilty of a criminal offence, remains in office pending conclusion of legal appeals, This contrasts with with what happened in India where Rahul Gandhi, the Congress leader, lost his Lok Sabha seat over a court conviction.

The budget debate concluded last week with the government winning a comfortable majority on the third reading despite apprehensions raised by several SLPP MPs. The country is heading for a difficult year with little doubt that inflation will gallop with the recent increase in VAT effective from next January. The opposition continues to press for a parliamentary election so that the people can decide who will govern them.

None would disagree that the present rulers have lost their mandate. Although constitutionally empowered to dissolve Parliament at any time of his choosing, President Wickremesinghe who has assured there would be a presidential election next year but not declared his own candidacy, has only gone public with a promise of a parliamentary election in 2025 and not earlier. However events unfold, 2024 is going to be a difficult year for Sri Lanka and her people.



Editorial

All’s not well that ends well?

Published

on

Thursday 5th February, 2026

The argy-bargy is done, and the battle’s lost and won, one might say with apologies to the Bard. A prolonged tug of war between President Anura Kumara Dissanayake and the Constitutional Council (CC) has come to an end. The newly reconstituted CC has unanimously approved President Dissanayake’s nominee for the post of Auditor General (AG). The National Audit Office (NAO), which remained headless for months, now has a new head—Samudrika Jayaratne, who has served as Senior Deputy Auditor General. But the question is whether one can truly say, in this case, all’s well that ends well.

We do not intend to raise suspicions about the integrity of the new AG, but there are some questions that warrant answers. The critics of her appointment have levelled some allegations against her, including transactions tainted by conflict of interest and ‘unprofessional conduct’. They have also claimed that the Commission to Investigate Allegations of Bribery or Corruption has launched an investigation into allegations against her. Unsubstantiated as these allegations are, they have the potential to raise doubts in the public mind about the new AG’s integrity and that of the NAO under her. Hence the need for her to respond to them.

Thankfully, President Dissanayake’s efforts to parachute a total outsider loyal to the JVP into the post of AG came a cropper because the immediate predecessors of the three newly appointed civil society members of the CC intrepidly resisted pressure from the Executive. However, the government ought to explain why it overlooked Dharmapala Gammanpila, who served as the Acting AG. The general consensus is that he is the most eligible candidate for the post of AG. Four Mahanayake Theras wrote a joint letter to President Dissanayake, recently, urging him to appoint Gammanpila as AG. The prelates’ request resonated with those who cherish good governance, but President Dissanayake ignored it.

The JVP-led NPP’s election manifesto, A Thriving Nation: A Beautiful Life, attributes the deterioration of the public service to ‘political appointments’ and ‘state workers making political decisions’. Among the steps the NPP has promised to take to straighten up the public service are ‘merit-based appointments and promotions’. But its refusal to appoint Gammanpila as AG has raised many an eyebrow and lent credence to its critics’ claim that it is wary of having an upright official at the helm of the NAO because it does not want various fraudulent deals in the public sector on its watch exposed; some of them are the questionable release of 323 red-flagged freight containers without mandatory Customs inspections from the Colombo Port and the rice and coal scams. The only way the government can show that the merit principle it claims to uphold has not fallen by the wayside and its commitment to good governance is genuine is to give credible reasons for its decision to overlook the most eligible candidate for the post of AG.

The heads of all state institutions must be above suspicion like Caesar’s wife, so to speak, for a fish is said to rot from the head down. One may recall that the Police under Deshabandu Tennakoon, whom the SLPP-UNP government appointed IGP by unashamedly subverting the CC process amidst protests, became subservient to the then rulers. Sadly, the situation has not changed much; the long arm of the law has become a cat’s paw for the JVP-NPP government. While claiming to uphold good governance, the incumbent government has embarked on a campaign to vilify the Attorney General in a bid to pressure him to obey its dictates. Thankfully, he has proved that he is made of sterner stuff, and his staff, the Bar Association of Sri Lanka and others have circled the wagons around him.

Meanwhile, the CC’s unanimous endorsement of the appointment of the AG has diminished the Opposition’s moral right to criticise the actions of the NAO under the new head.

Continue Reading

Editorial

The dawn of another Independence Day

Published

on

Wednesday 4th February, 2026

Another Independence Day has dawned. Elaborate arrangements have been made to celebrate it on a grand scale. The national flag will flutter at full mast majestically to the roll of drums and the blare of trumpets. A colourful parade and a fly-past will be among the day’s many attractions. A ceremony with such pomp and circumstance is an occasion for reflection.

Sri Lanka is celebrating the 78th year of Independence while emerging from its worst-ever economic crisis. There is a long way to go before it achieves full economic recovery. Much is being spoken about the need for economic reforms, and their importance cannot be overstated. But the question is whether they alone will help usher in national progress.

Since 1948, Sri Lanka has seen various political and economic reform movements. Its economy and political system have undergone radical changes during the past several decades. and reforms have yielded mixed results, with progress in some areas and setbacks in others. The current economic crisis and the ongoing recovery efforts have necessitated a national strategy to reform the economy. Experiments with political, constitutional and electoral reforms are far from over.

Successive governments have experimented with economic and political reforms. On the political front, the executive presidential system has survived several half-hearted attempts to abolish it and reintroduce the Westminster system. Politically-motivated amendments have made the Constitution look like a badly edited periodical, according to cynics. The electoral system has become an unholy mess. Provincial Council elections have fallen between two electoral systems, so to speak; at present, they cannot be held under either the Proportional Representation system or the Mixed Proportional system.

Meanwhile, the blame for the sorry state of affairs on all fronts has been laid solely at the feet of politicians. But it should be apportioned to the people, for it is they who elect governments. They vote in such a way that one wonders whether they are capable of making rational decisions and choices despite the country’s high literacy rate. True, politicians deserve the flak they receive for corruption, other malpractices and, above all, the country’s failure to achieve development, but it takes two to tango.

The state service has earned notoriety for inefficiency, incompetence, and delays. Decades of politicisation alone cannot be blamed for this situation. Sri Lankans’ attitude to work leaves much to be desired. The country is yet to develop a strong national work ethic, which is a prerequisite for enhancing national productivity and achieving development. Trade unions perennially make demands but rarely turn the searchlight inwards, much less concentrate on their duties and responsibilities.

The public apparently does not care much about civic duties and responsibilities. Tax compliance is extremely low, and indiscipline is widespread. Roads are characterised by utter chaos, and accidents, mostly caused by reckless driving, claim about seven or eight lives a day. Complaints of sexual harassment of women in buses and trains abound.

The focus of the government, the Opposition, the media, religious leaders and others is currently on educational reforms, which have apparently taken precedence over economic reforms. There are media reports about discussions on constitutional and electoral reforms as well. But there has been no serious discussion on the much-needed social reforms.

Social reforms are organised efforts aimed at not only promoting justice, equality and inclusion across political, economic, cultural and social spheres in a country but also helping bring about attitudinal changes and positive mindsets essential for a nation to adapt to changing times, face challenges, achieve its development goals and progress. It is time serious thought was given to social reforms.

Continue Reading

Editorial

Defend AG, stop autocracy

Published

on

Tuesday 3rd February, 2026

There has been no let-up in pro-government propagandists’ social media attacks on Attorney General (AG) Parinda Ranasinghe. AG’s Department Legal Officers’ Association has raised concerns over unfounded and baseless personal attacks on AG Ranasinghe and some other officers of his department. A resolution unanimously adopted by the association at a special general meeting on 29 Jan., 2026, states that the attacks appear to be part of a coordinated effort to pressure the AG and his staff, potentially undermining the department’s independence. It has warned that the systematic abuse of social media to create a false sense of public dissatisfaction, and that unchecked intimidation could cause lasting harm to the rule of law, justice system, and public trust in democratic governance. One cannot but agree with them that the ongoing vilification campaign against the AG and some of his subordinates is part of a sinister campaign that must be unreservedly condemned.

The JVP-NPP government has been acting in a manner that blurs the line between the party and the state. It is apparently working according to a plan to enable the JVP to arrogate to itself the powers of vital state institutions and perpetuate its rule. However, it is not alone in having striven to do so. The late President J. R. Jayewardene did everything in his power to place his party and himself above the state, and President Mahinda Rajapaksa made a similar effort to ensure the perpetuation of his party’s rule. Thankfully, both leaders failed in that endeavour.

The legal officers of the AG’s Department have reaffirmed their full confidence in AG Ranasinghe, underscoring that the AG is accountable to the law and appropriate legal channels exist for addressing anyone’s grievances. The AG’s Department, they have said in their resolution, will continue to act strictly in accordance with the law and admissible evidence, resisting pressure from public rhetoric or media-driven narratives. They have expressed their gratitude to the Bar Association of Sri Lanka, legal professionals, and members of the public who voiced support for AG Ranasinghe, noting his integrity and the department’s commitment to its workload despite resource shortages.

Now that the legal officers of the AG’s Department have vowed to ‘continue to act strictly in accordance with the law and admissible evidence’, how do they propose to prevent governments from using their institution to protect politicians.

One may recall that in August 2025, the Mount Lavinia Magistrate hearing a case against Minister Wasantha Samarasinghe, Deputy Minister of Labour Mahinda Jayasinghe and Mayor of Kaduwela Ranjan Jayalal, asked the Colombo Fraud Investigation Bureau why it had submitted the investigation report to the AG before recording statements from the suspects. The police could not provide an answer––for obvious reasons. How could they tell the court that they had done so at the behest of the powers that be? President’s Counsel Maitree Gunaratne, representing the aggrieved party, said the court order to arrest the suspects had been ignored, and that the police had sought instructions of the AG to mislead the judiciary. Subsequently, the Magistrate received a transfer. When the case was taken up again in September 2025, the court noted that the case file had already been referred to the Attorney General for advice!

Thus, while using the AG’s Department to delay the judicial process and prevent the arrest of ruling party politicians, the NPP-JVP government wants it to go all out to have Opposition politicians arrested even before investigations against them get underway in earnest. The aforesaid forgery case is scheduled to be taken up in a few weeks, and it will be interesting to see what the AG’s advice to the Fraud Bureau is.

Everyone who cherishes democracy and the rule of law must stand firmly with the beleaguered AG and his department and help stop the country’s drift towards autocracy.

Continue Reading

Trending