Editorial
The Duminda verdict
Last week’s unanimous decision of a three-judge bench of the Supreme Court, quashing former President Gotabaya Rajapaksa’s Special Presidential Pardon to Duminda Silva, former parliamentarian and supervising MP of the Defence Ministry serving a life term for the murder of another former MP, Bharatha Lakshman Premachandra, has been widely approved by public opinion. We say welcomed by the public because there is a deep rooted perception that some are more equal than others in this Socialist Democratic Republic of ours with wealthy and politically connected persons better treated than the less endowed.
Silva was one of five accused sentenced to death by the Colombo High Court in September 2016 after conviction by a divided verdict of a three-judge trial-at-bar with one judge dissenting. We are told the latest decision is final although some Supreme Court decisions of the past have been reviewed by fuller benches, such a possibility does not exist in the current situation. The case in the original court dragged on for nearly nine months and the judge who delivered the determination – the presiding judge dissented – said that a report of the Judicial Medical Officer had held that Silva was under the influence of alcohol at the time of the shooting and that the four victims including Premachandra had been shot with same firearm.
The Duminda Silva determination comes soon after the earlier decision of November 2023 of a five-judge bench of the Supreme Court holding the three Rajapaksa brothers, Gotabaya, Mahinda and Basil – the latter two held the finance ministry – of driving the country to bankruptcy. That judgment also held former Central Bank Governors Ajith Nivard Cabraal and W.D. Lakshman as well as former Treasury Secretary S.R Attygalle and former Presidential Secretary P.B. Jayasundera culpable. No damages or penalties were imposed in this instance as none had been sought.
Earlier in the Easter Sunday case in January last year former President Maithripala Sirisena was held partly responsible for the massive security failure for the carnage and ordered to pay Rs. 100 million to a special fund controlled by the Attorney General to compensate the victims. Senior police officers, including then IGP Pujith Jayasundera and Senior DIG Nilantha Jayawardena were ordered to pay Rs. 75 million each while Defence Secretary Hemasiri Fernando must pay Rs. 50 million and then Chief of National Intelligence Sisira Mendis, Rs. 10 million. As is well known, the Easter bombing occurred despite warning from Indian intelligence that a terrorist strike was very much in the offing.
These judicial decisions coming hard on the heels or each other have given Sri Lankans accustomed to the rulers getting off scot-free for their many acts of omission and commission have undoubtedly given the people fresh heart that the judiciary at least will enforce accountability. Calling the Duminda Silva pardon and many others “executive madness,” our stablemate, The Island on Friday editorially drew attention to several such instances of presidential pardons granted in the past. The rot began with President J.R. Jayewardene granting a notorious rapist, politically connected Gonawela Sunil, imprisoned for attacking a teenage girl, a pardon and releasing him from jail.
The tradition continued with President Maithripala Sirisena pardoning Galabodaatte Gnanasara who we would describe as a person in yellow robes rather than a Buddhist monk, held guilty of a most flagrant act of contempt of court. Then there was President Mahinda Rajapaksa pardoning the wife of a minister sentenced to death for murdering a woman described as the minister’s mistress. GR not only pardoned Amadoru Lawrence Romelo Duminda Silva, to give Duminda’s full name. He had earlier pardoned a soldier, Sergeant Sunil Ratnayake held in death row for murdering eight Tamil civilians.
Let us not forget the Royal Park murder case of 2005 when 19-year old Yvonne Jonsson, the daughter of a Swedish father and a Lankan mother was beaten and fatally strangled at the Royal Park Condominium complex in Rajagiriya. A wealthy young man, educated at an International School in Colombo and then went to Australia for higher studies, Jude Shramantha Anthony Jayamaha was convicted in this case of culpable homicide not amounting to murder and received a 12-year sentence of imprisonment. But he received a controversial presidential pardon from President Maithripala Sirisena a few days before Sirisena’s term ended in 2019. Jayamaha wrote a letter of remorse after receiving his pardon and is reported to have left the country.
Perhaps Duminda Silva who was appointed chairman of the National Housing Development Authority after his release from jail might have done well to have left the country after his release as Jayamaha did. Whether he had visions of returning to parliament we do not know. Though we do know that many undesirables have crawled out of the woodwork since the impact of the Aragalaya waned and are heard both in parliament and election platforms. Hirunika Premachandra, Bharatha Lakshman’s daughter who was elected both to the western provincial council and parliament is no longer an MP but remains politically active with the SJB. It was her fundamental rights action that triggered last weeks judgment.
Latest reports say that Duminda is hospitalized at Sri Jayawardenapura. He was taken to custody when leave to appeal was granted for Hirunika’s fundamental rights action. Whether he will remain at SJH as his doctors recommend or be transferred to the prisons hospital is yet an open question. People still remember that former minister and present MP S.B. Dissanayake, jailed for contempt of court, spent much of his sentence in the merchant’s ward of the Colombo National Hospital.
Editorial
Rhetoric, reality and franchise
Tuesday 8th September, 2026
President Anura Kumara Dissanayake has embarked on a nationwide tour to drum up support for his government, whose approval rating has declined, according to a Verite Research opinion survey. It is possible that he has launched his re-election campaign, the way his predecessors did, as some political commentators argue. The Opposition has claimed that the President has launched the ongoing campaign with an eye to a possible referendum on the 22nd Amendment Bill. But he is apparently very confident that he will be able to amend the Constitution without a referendum to raise the retirement ages of the superior court judges.
Addressing a rally in Kalutara over the weekend, President Dissanayake rejected allegations that he was planning to do away with elections with the help of a referendum. He said the parliamentary and presidential elections would not be delayed, and the Provincial Council (PC) polls would be held after clearing some legal obstacles.
Elections to some provincial councils have remained in abeyance since 2017. The Eastern, North Central and Sabaragamuwa Provinces last went to the polls in 2012, followed by the Central, Northern and North Western Provinces in 2013. Elections to the Western, Southern and the Uva Provincial Councils were last held in 2014. There have been two presidential elections, two general elections and two local government elections since 2017 and the country has had four Presidents since then.
The PCs have been functioning without elected representatives all these years, and this amounts to a blatant violation of the Constitution, according to former Chairman of the Election Commission Mahinda Deshapriya.
Deshapriya has gone on record as saying that it is a clear violation of the Constitution for bureaucrats to run the PCs without elected representatives. The blame for this situation should be apportioned to all political parties, Deshapriya has said. The media has quoted him as saying that there is no graver sin than postponing elections, and the PC polls must be held urgently.
If the government is not afraid of facing elections, it need not wait until the so-called legal hurdles are cleared to hold the PC polls. There is an easy way around this problem.
The process of redrawing the boundaries of electorates for implementing the mixed proportional system is bound to drag on indefinitely. The best way out is to hold the PC polls under the Proportional Representation (PR) system so that there will be five long years thereafter for completing the delimitation process, etc. In fact, a private member’s motion has already been presented to Parliament to this effect.
MP Shanakiyan Rasamanickam’s private member’s Bill, titled, “Bill to amend the Provincial Council Elections Act, No. 2 of 1988”, seeking to clear the way for the PC elections, was seconded by MP M. Nizam Kariapper. If ratified, this amendment will provide for holding the PC polls soon under the PR system.
Former Election Commission Chief Deshapriya has said it will be possible to hold the PC elections in four months under the PR system if Parliament passes necessary laws. If they are to be held under the proposed mixed representation system, the PCs will be without elections this year as well, he has said.
The JVP-NPP government has a two-thirds parliamentary majority, which it flaunts at every turn, and therefore it can amend the Provincial Council Elections Act anytime. After all, its election manifesto, A Thriving Nation, A Beautiful Life, promised to hold the local government and provincial council elections within one year of forming a government.
Editorial
Arrests as theatre
Monday 7th September, 2026
The irony of the JVP and the UNP clashing over last week’s arrest and remand of SLPP National Organiser and MP Namal Rajapaksa over an alleged Rs. 100 million bribe linked to an Airbus deal may not have been lost on political observers. One may recall that during the UNP-led Yahapalana government, arrests were made the way volleyball is played, as it were. The JVP, which was honeymooning with the UNP at the time, raised questions in Parliament about allegations against the common enemies of the two parties, enabling the UNP to make damning statements about them and build a case for their impending arrests, much as a setter places the ball for a hitter to make the approach, jump and spike. The JVP and the UNP have since fallen out, with the latter lambasting the former for having Opposition politicians arrested for political reasons.
Sri Lanka has earned notoriety for politically-motivated arrests under successive governments. Ruling party politicians use arrests to vilify their opponents before or after elections and major political events, such as propaganda rallies. President J. R. Jayewardene misused Emergency regulations to have actor-turned-politician Vijaya Kumaratunga arrested and detained following the 1982 presidential election, falsely accusing him of involvement in what was described as a Naxalite conspiracy to overthrow the UNP government. Kumaratunga was never charged. The SLFP-led government under President Chandrika Kumaratunga was also not immune to allegations of political witch-hunts, the arrest and detention of former UNP Minister Sirisena Cooray being a case in point. President Mahinda Rajapaksa had his main contender in the 2010 presidential election, former war-winning Army Commander Gen. Sarath Fonseka, arrested. The UNP-led Yahapalana also turned arrests into political theatre, with a series of high-profile arrests accompanied by cameras, dramatic police action and publicity. Former head of State Intelligence Maj. Gen. (retd.) Suresh Sallay has been detained since February 2026 under the PTA (Prevention of Terrorism Act) in connection with an investigation into the Easter Sunday terror attacks.
Legislators of the party in power usually abuse their parliamentary privileges to vilify suspects in custody and hold social media kangaroo trials with impunity. They apparently presume suspects guilty until proven innocent. When they do so, the police cannot be expected to conduct impartial investigations. It is no surprise that the police have been accused of fabricating evidence against the political enemies of governments over the decades.
Pretrial arrests, remand or detention should be the exception rather than the rule, especially in a country like Sri Lanka, which cannot even ensure the safety of convicts and remand prisoners. Above all, the conviction rate in this country is as low as 4% to 6%, according to researchers. The police make arrests swiftly but thereafter drag their feet on investigations while objecting to bail for suspects.
Most of the prosecutions under the Yahapalana government collapsed mainly due to lapses on the part of the police and the Attorney General’s Department, which had to make haste under political pressure. The incumbent government stands accused of trying to overcome this problem by manipulating the judiciary through various means instead of resolving the structural problems besetting the legal process. It is only natural that the questionable 22nd constitutional amendment Bill has come to be viewed as part of the government’s strategy to control the judiciary.
Many people have languished in remand prisons due to politically motivated arrests and selective enforcement that the police are notorious for. The police ought to conduct thorough investigations and gather credible evidence before moving to arrest suspects who are not hardcore criminals posing a danger to society. It defies comprehension why so many suspects are arrested and kept in remand prisons for months on end even when there is no reason to suspect that they will flee the country, interfere with witnesses, suppress evidence, commit further serious offences, or pose a significant danger to the public.
Holding a person on remand indefinitely until the conclusion of investigations is not consistent with due process and international best practices; in fact, it amounts to punishment in itself in all but name. The rule of law demands that the police or other investigators establish reasonable grounds to suspect an offence, collect and preserve evidence, interview witnesses, question suspects and assess the facts objectively before depriving anyone of personal liberty. They must not act according to their whims and fancies or at the behest of their political masters.
Premature arrests risk wrongful detention, reputational damage, hardships and expensive legal challenges for suspects, as is public knowledge. They could also compromise public confidence in law enforcement and lead to perceptions that investigations are influenced by political pressure or public sentiment rather than facts. When the rule of law is undermined, the justice system becomes weak.
Editorial
Mountains of missing guns
Hardly a day passes in this country without major drug detections and underworld killings. Inspector General of Police Priyantha Weerasooriya, speaking at this year’s Police Day ceremony in Colombo on Thursday (03), said police had seized large amounts of narcotics, including 1,416 kg of Crystal Methamphetamine, 946 kg of heroin, and 1,282 kg of cannabis and taken into custody 1,612 illegal firearms, including T-56 assault rifles and pistols, so far this year.
Sri Lanka is awash with illegal firearms, which have found their way into the underworld during the past several decades. Protracted armed conflicts led to an exponential increase in the number of lethal weapons in the wrong hands.
Immediately after the 2024 regime change, the MPs who had obtained repeater guns from the Defence Ministry were asked to return those weapons, and they readily complied for obvious reasons. But those guns account for only a fraction of the weapons issued to politicians and others over the decades. In January 2019, the then Defence Secretary Hemasiri Fernando disclosed that about 4,700 pistols and revolvers had been licensed but there was no information about those who had obtained them. Some individuals possessed as many as 15 small firearms each, he said.
One may recall that in 2023, the then State Minister Pramitha Tennakoon informed Parliament that the defence authorities had issued about 700 firearms to 154 politicians in the late 1980s, when the JVP went on a killing spree, but none of them had been returned. That figure cannot be accurate. According to anecdotal evidence, thousands of firearms were issued to politicians under threat during that period, and almost all of them have gone missing.
In the late 1980s, the JVP did not spare anyone who refused to obey its illegal orders. Its death-dealing sparrow units physically eliminated anyone who had the courage to voice dissent. Some political activists threatened by the JVP banded together to protect themselves, and the armed groups they formed, such as the PRRA (People’s Revolutionary Red Army) became as ruthless as the JVP killing squads; they eventually helped beat the JVP at its own game. Some of them switched their allegiance to the UNP, and worked as its shock troops.
The leftist parties and the SLFP, too, had to protect themselves against the JVP hit squads. The UNP set in motion a Caravan of Death, which scoured the country, killing JVP activists and suspects. What happened to the firearms used by pro-UNP vigilantes to carry out those extrajudicial killings?
Chris Smith, an expert on the proliferation of firearms, especially in South Asia has in his report, In the Shadow of a Cease-fire: The Impacts of Small Arms Availability and Misuse in Sri Lanka, has revealed that the weapons given to politicians in the late 1908s numbered more than 11,000. Many of them were not returned. The National Commission against the Proliferation of Illicit Small Arms (NCAPISA), established by President Chandrika Bandaranaike Kumaratunga in 2004, once quoted a senior police officer attached to the Police Central Armoury at the time as having said that 80% of those weapons had been returned. Even if so, going by Smith’s figure, more than 2,200 weapons have gone unaccounted for.
The proliferation of illicit firearms in Sri Lanka can be attributed to several key factors, according to researchers; they include gunrunning, illegal operations carried out by rogue elements in the police and the armed forces, local arms manufacturing, and criminals gaining access to arms caches of the LTTE. It may be recalled that the Colombo Crime Division produced 12 suspects before the Colombo Chief Magistrate on March 22, 2019, for having supplied weapons retrieved from buried LTTE arms caches in Kilinochchi to criminal gangs elsewhere. It was revealed in January 2025 that as many as 73 T-56 assault rifles had gone missing from an unnamed army camp. Soon after the decimation of the JVP’s military wing in 1989, a police sergeant sold a large stock of firearms, seized from the JVP and stored in the Kuliyapitiya police station, to underworld gangs at Rs. 15,000 each. The police could recover only some of those weapons.
The police must go all out to find the illegal firearms used by the JVP during its second uprising (1987-89). Most of the JVP’s arms caches have not been traced. SJB MP Dayasiri Jayasekara told Parliament on 27 Feb. 2025 that more than 2,000 illegal firearms looted by the JVP between 1987 and 1989 had gone missing. The JVP attacked several police stations and military camps and grabbed weapons. In April 1987, it seized the entire arsenal at the Pallekele army camp. Now that the JVP-led NPP has formed a government and launched a campaign to eliminate gun violence, the Defence Ministry may be able to ascertain information about those missing firearms, as we argued in a previous editorial comment.
The NCAPISA dealt extensively with the issue of illegal weapons in circulation in Sri Lanka. Its survey report contains valuable information, which, however, needs to be updated. Defence authorities should study this document thoroughly and commission a fresh survey on illicit firearms while carrying out operations to neutralise criminal gangs and seize lethal weapons in their possession.
The need for the police and the defence bigwigs to adopt a broader and more strategic approach to ridding the country of the scourge of illegal firearms, which snuff out lives almost daily, cannot be overstated.
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