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Midweek Review

Thico ‘investments’, money laundering and related matters

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Violence cannot be justified, under any circumstances. Therefore, the practice of referring to the JVP bids to topple the governments of the late Mrs. Sirimavo Bandaranaike (April 1971) and JRJ and Ranasinghe Premadasa (1987-1990) as southern insurrections should be stopped. The armed forces and police defeated the JVP and LTTE terrorism. Several other Tamil terrorist groups gave up violence in 1989/1990.

Today, some groups are represented in Parliament. The author of ‘Terrorism & the Criminal Law of Sri Lanka’, Attorney-at-law Asela Seresinghe, who researched at the University of Sydney, under the Australia Awards Scholarship Programme for LL.M, dealt with relevant and related issues. Accountability issues cannot be discussed without taking into consideration the immense sacrifices made by the armed forces and police to ensure the continuation of democratic way of life and the utterly reckless and irresponsible conduct of the corrupt political party setup that has brought the country to its knees. Continuation of Sri Lanka’s pathetic performance, at the Geneva based United Nations Human Rights Council (UNHRC), where the country is under heavy pressure to rescind the Prevention of Terrorism Act (PTA), reminds the public of the recurrent failures on the Geneva front, especially in light of the fact the USA and the UK have much more draconian laws in place to tackle the problem of terrorism.

By Shamindra Ferdinando

The recent high profile arrest of Thilini Priyamali, over the misappropriation of massive amounts of money, underscored the need for a no holds barred investigation into her nefarious activities, as well as those of her ‘investors,’ and her employees. But, it wouldn’t be fair to tar all with the same brush.

In spite of quite an extensive coverage of the case, with the focus on Priyamali’s clandestine transactions, and that of her ‘husband’ Isuru Bandara, several contentious issues remains to be properly addressed and investigated.

However, Sri Lanka’s record in investigating high profile cases is pathetic. As examples, we can site quite a few: corruption charges pertaining to the multi-billion dollar aircraft purchase, involving the national carrier SriLankan Airlines, and the Europe-based Airbus consortium, black money stashed abroad, exposed by Panama Papers, Pandora Papers, and 99 percent of revelations about waste, corruption, irregularities, and mismanagement made by parliamentary watchdog committees, have not been pursued to a proper conclusion by those responsible for doing so.

Perhaps, one of the major concerns is whether Priyamali, and those who invested money through what was advertised as a well-diversified duly registered Thico Group of Companies, were involved in money laundering. For a woman, from an ordinary low income family, in Kalutara, with an education only up to eighth grade, there has to be something more to this whole scam.

Priyamali’s enterprise, that claimed to have been established in a range of industries, including construction, entertainment, gem and jewellery, real estate and trading, operated from the 34th floor of the World Trade Centre, situated within walking distance of the Central Bank, and, virtually, under its nose. What is the Bank’s supposed top intelligence unit doing? The couple even exploited the current economic crisis to seek short term foreign currency investments, on the pretext of procuring the much needed crude oil.

It would be pertinent to ask whether the Central Bank has initiated an inquiry into the Thico affair or looked into the lapses on its part. The Central Bank has repeatedly failed to effectively intervene to stop scams operated by various influential groups who preyed on both the corrupt and the naive. Prima facie Thilini Priyamali’s operation seems no exception but a basic much repeated scam, but on steroids.

The One Transworks Square (Pvt.) Ltd. Chief Executive Officer and Director, Janaki Siriwardana, has been accused of facilitating Priyamali’s operation. In the wake of the CID taking Isuru Bandara into custody, on Monday, now the focus is on Siriwardhana. Former Governor Azath Sally is on record as having said that Janaki Siriwardhana, who introduced him to Priyamali at the former’s office, was involved in the alleged scam. Sally said that altogether he and his associates handed over Rs 226 mn to the Priyamali-Siriwardhana duo. The former UNPer questioned the right of the public to ask how they got so much money, according to an interview he gave to Hiru.

Money laundering is meant to disguise criminal proceeds, particularly their illegal origin. One of the primary objectives of money laundering, under whatever circumstances, is to conceal ill-gotten wealth.

Kamal Hassen’s disclosure

The Trico Group controversy should be vigorously examined, taking into consideration the extremely serious accusations and allegations made by prominent businessman Kamal Hassen, the first to seek the intervention of law enforcement authorities. Having lodged a complaint with the Criminal Investigation Department (CID), several weeks ago, with the help of Senior DIG Deshabandu Tennakoon, the senior officer in charge of the Colombo Range. Utterly frustrated with the system in place, Hassen discussed how Thilini Priyamali and Isuru Bandara swindled him of AUD 100,000, USD 60,000 and 136.75 gold sovereigns. Hassen’s exclusive interview with Chamuditha Samarawickrema (Truth with Chamuditha) should certainly help the CID to ascertain the truth.

Hassen accused the Officer-in-Charge of the Fort police station of interfering in his case, on behalf of the suspect.

The intrepid businessman also questioned how the Thico Group proprietor obtained approval for her bodyguards to carry automatic weapons, in a high security zone. Clearance has been received during the previous administration (before the change of the government in July this year).

Responding to Samarawickrema, Hassen revealed that he was inquiring into the alleged involvement of a well-known person whose identity he declined to reveal. Pressed for an answer, Hassen identified the culprit as a man. At one point, Hassen disclosed how Thilini Priyamali received a call from former first lady Shiranthi Rajapaksa, in response to a call she made two minutes before. Hassen alleged that it was all part of the fraudster’s strategy to unnerve those who had been targeted.

When the writer requested Hassen to clarify some of his accusations therein, the businessman stressed that lawyers, appearing for the fraudster recently, tried to convince him, at the Fort Magistrate Court, where the case is heard, to settle it out of Court.

Hassen repeated what he told Samarawickrema that he was offered Rs 10 mn as the initial payment to drop the case. “The culprits have a right to retain lawyers of their choice. There is no dispute over that. Lawyers, too, cannot be faulted for accepting cases. That is their undisputed right.” Hassen said.

He said that he rejected the disgraceful proposal made by a lawyer, on behalf of the accused, as he wanted to pursue the case. In spite of the interviewer pressing Hassen to name the lawyers, he declined to do so.

However, according to Hassen, the alleged fraudster was represented by two President’s Counsels and four other lawyers. Hassen insisted that he talked to the lawyer who made, what he called, an indecent proposal.

Thilini Priyamali is expected to be produced in the Fort Magistrate Court today (19) from remand. The Bar Association of Sri Lanka (BASL) can inquire into this. But, as always the BASL would conveniently say it wouldn’t do so unless the outfit received a complaint. (The writer received that response when an explanation was sought regarding the high profile Aeroflot case in which the conduct of Attorney-at-Law Aruna de Silva received the attention of the Justice Ministry. The lawyer represented the plaintiff the Ireland-based Celestial Aviation Trading Company Ltd., with Avindra Rodrigo, PC, (litigation) of FJ & G.de Saram, leading law firm from colonial times. The Justice Ministry found fault with lawyer De Silva for accompanying a fiscal officer of the Commercial High Court of the Western Province to deliver a court ruling given by High Court Judge S. M. H. S.P. Sethunge in next to no time on 02 June. The government owes an explanation.

Perhaps the Justice Ministry should explain the current status of that particular investigation in the wake of the Office of Chief Justice Jayantha Jayasuriya, PC, being informed of the issue at hand.

Terrorism & Criminal Law

Attorney-at-Law Asela Seresinhe

Attorney-at-Law Asela Seresinhe couldn’t have launched ‘Terrorism & the Criminal Law of Sri Lanka’ at a better time. Seresinhe dealt with a range of issues, including money laundering (Prevention of Money Laundering Act No 05 of 2006/page 112). Would the Thico Group of Companies be subjected to a comprehensive inquiry? Only time will tell.

Former Attorney General, Palitha Fernando, PC (2012-2014) in his foreword, recommended Seresinhe’s work for students of international law, the academics as well as the general public, including politicians.

Fernando suggested that ‘Terrorism & The Criminal Law of Sri Lanka’ be translated for the benefit of Sinhala and Tamil speaking people.

Former AG Fernando recollected the time Asela and his wife, Maheshika, served as young officers at the Attorney General’s Department at the time he served as the AG. During his tenure as the AG, at the behest of the then President Mahinda Rajapaksa, Parliament impeached Shirani Bandaranayake, the 43rd Chief Justice. She was removed in January 2013. Seresinhe served as a State Counsel in the Criminal Division of the AG’s Department (2007-2017).

Draconian anti-terrorist laws

Seresinhe has quite rightly acknowledged that in the absence of awareness and understanding, a section of the public distrusted anti-terrorism laws (Prevention of Terrorism Act), the Public Security Ordinance and Emergency Regulations. The operation of the criminal justice system, too, is a matter of concern, author Asela Seresinhe has said, while profusely appreciating the contribution made by his father-in-law Anil Silva, PC, in overall enhancement of his legal knowledge.

Seresinhe has examined the issues at hand against the backdrop of the enactment of the PTA (Temporary Provisions) (Amendment) Act No 12 of 2022 in March this year before violent public protests erupted against the then President Gotabaya Rajapaksa. Having acknowledged the absence of universally acceptable Convention relating to terrorism, the author discussed a wide range of issues and related matters taking into consideration both domestic and international developments/situations as well.

The author mentioned 19 specific international instruments, relating to terrorism (Sri Lanka is a party to 11,out of 19). Seresinhe also made reference to the ‘SAARC Regional Convention on Suppression of Terrorism’ finalised in Kathmandu, Nepal, on Nov 04, 1987, meant to battle domestic and regional terrorism, as well as Law of Armed Conflict/International Humanitarian Law. It would have been better if the author briefly discussed the Indian destabiliation project that was meant to pave the way for the deployment of the Indian Army in Sri Lanka. By the time SAARC finalized the anti-terrorism law, the Indian Army was deployed in the Northern and Eastern regions, in Sri Lanka, in terms of the Indo-Lanka accord, forced on the then JRJ government. Actually, successive governments had pathetically failed to address accountability issues, raised by the Geneva-based United Nations Human Rights Council (UNHRC), in respect of Sri Lanka’s response to separatist Tamil terrorism. The UNHRC has focused on the fourth phase of the war (2006-2009), while turning a blind eye to the Indian destabilization project, in the run up to the deployment of the Indian Army here (July 1987-March 1990) and atrocities committed by the Indian Army. India never acknowledged the grave violations committed by its Army.

Actually, Sri Lanka never dared, at least, to refer to the status of the Indian Army deployment here. Geneva, too, conveniently ignored the contentious issue. The undeniable truth is that the Indian Army hadn’t been really subjected to Sri Lanka’s domestic laws, nor the Indian sponsorship of terrorism here ever probed. But, India, now a close ally of the US, vis-à-vis China, served as a member of the UNHRC. India abstained at the vote, on the latest resolution, moved in Geneva, against the war-winning Sri Lanka that pulled off an incredible victory despite all odds stacked against her, especially by the West. Altogether 20 countries abstained. Twenty countries voted for, whereas seven voted against.

The UNHRC is seriously concerned about the PTA. Geneva wants the law abolished. President Ranil Wickremesinghe’s government is under heavy pressure, by Western powers, to do away with the PTA with a section of the Opposition, too, finding fault with the Wickremesinghe-Rajapaksa government for using the PTA to suppress those still protesting against the government. Sri Lanka’s anti-terrorism law has become a huge issue, with those represented in Parliament sharply divided over the incumbent government’s response. But it is a fact that some key Aragalaya activists, while claiming to be peaceful protesters, when the opportunity arose they put into operation their sinister plans, as on May 09 when they looted and torched properties of government politicians, right across the country. Likewise, they stormed the PM’s office and even chased the President out of the country, and also torched the private residence of Mr. Wickremesinghe, by taking the law into their own hands. Luckily for the country, President Wickremesinghe took timely counter measures, after taking office, and, thereby, prevented the overrunning of Parliament, as well, in nick of time.

Whatever various interested parties, especially foreign funded NGOs propagated, all countries are vulnerable and should be prepared to face any eventuality. Some of those who advise Sri Lanka on accountability issues are the worst violators of international laws. The US-UK led invasion of Iraq on ‘sexed up’ intelligence reports on the growing threat posed by Saddam Hussein’s Weapons of Mass Destruction (WMDs), or other Western interventions, as in Libya and Syria, never received genuine attention of the UNHRC. That is the reality. Ruination of Iraq is just one example of the murderous Western strategies meant to annihilate those who didn’t fall in line with their agenda.

UK example

Lawyer Seresinhe asserted that Sri Lanka’s PTA (Prevention of Terrorism Act (Temporary Provisions) Act No 48 of 1979 that had been influenced by the UK legislation, introduced in 1974, to face the challenge posed by IRA terrorism. The lawyer underscored the need for substantial changes to the PTA in view of the continuing threats. The National Thowheed Jamaat (NTJ) mounted the 2019 Easter Sunday attacks at a time the Sirisena-Wickremesinghe administration was busy planning to replace the PTA with new anti-terrorism law. The yahapalana lot pushed for the enactment of the new law, citing the Easter Sunday carnage which could have been thwarted if the government acted on specific intelligence received from the government of India. Obviously, the then President Maithripala Sirisena, and the top UNP leadership, were too preoccupied in fighting an internecine war of their own in the yahapalana government, and its bureaucracy, by their dithering, facilitated the NTJ terror project, by sitting on high value intelligence provided by New Delhi.

The author faulted the political party system for undermining what he called ‘truth seeking’ process. This comment has been made as regards the assassination of one-time National Security Minister Lalith Athulathmudali, in April 1993, and the contradictory positions taken by the police, backed by Scotland Yard, and a Commission appointed, in 1995, by the then President Chandrika Bandaranaike Kumaratunga, in terms of the Special Presidential Commission of Inquiry Law No 07 of 1978. It would have been better if the author, at least, briefly discussed the assassination, widely believed to be one of the most controversial political killings.

The police pointed the finger at the Liberation Tigers of Tamil Eelam (LTTE), primarily on the basis of the recovery of the body of Appiah Balakrishnan alias Ragunathan, an undercover LTTE operative. The body was found on the following day on Mugalan Road, at Kirulapone. Both the Sri Lanka police and Scotland Yard asserted that Ragunathan, having been shot by an Army deserter (Tilak Shantha), employed by Lalith Athulathmudali, in spite of injuries suffered, scaled over the nearby wall and ended up on Mugalan Road.

The bullet fired by Tilak Shantha was found on Ragunathan’s body. Having ridiculed and dismissed the Scotland Yard report, the Presidential Commission held that the late Sirisena Cooray and the late Ranasinghe Premadasa ordered the assassination.

‘Terrorism & the Criminal Law of Sri Lanka’ is a must read for those interested in contemporary security issues, including law students, general public, including politicians as suggested by Palitha Fernando, PC.

Against the backdrop of the US, the UK and India exerting pressure on Sri Lanka over accountability issues, the US imposition of travel ban on Chief of Defence Staff (CDS) General Shavendra Silva and his family, in Feb 2020, and the UK considering action against one-time commander of the celebrated Task Force 1/58 Division, the Chapter 8 that dealt with anti-terrorism laws, in the UK, India and the US, is perhaps one of the most interesting sections.



Midweek Review

Gotabaya’s escape from Aragalaya mob in RTI spotlight

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Crowds throng Janandhipathi Mandiraya after President Gotabaya Rajapaksa vacated the building on 9 July , 2022.

The Court of Appeal declared on 09 March, 2026: “On the facts currently before us, the application of the exemption contained in Section 5 (1) (b) (i) of the Act is unsustainable. There is a little logical connection between the requested statistics in this information request (that do not pertain to the personal details of individuals) and national security. We see that asserting that national security is at peril, is not a “blanket or unreviewable justification” for withholding information. It should be noted that any restriction must be strictly necessary, proportionate, and supported by a “demonstrable risk of serious harm to the State.” In the case in hand, the Petitioner failed to establish a clear nexus between the disclosure of naval voyage expenditures and any genuine prejudice to national security under Section 5(1)(a) of the Right to Information Act. In the absence of specific evidence, the reliance on security is characterised as a “generalised assertion or mere assertion” cannot be a panacea, we hold it is insufficient to meet the statutory threshold.”

By Shamindra Ferdinando

The deployment of SLNS Gajabahu (P 626), an Advanced Offshore Patrol Vessel (AOPV), on the afternoon of 09 July, 2022, to move the then President Gotabaya Rajapaksa, being pursued by a violent aragalaya mob, to safety, from Colombo to Trincomalee, is in the news again.

The issue at hand is how much the deployment of the vessel cost the taxpayer. In response to the Right to Information (RTI) query, the Navy has declined to reveal the cost of the AOPV deployment, or those who were given safe passage to Trincomalee, on the basis of national security.

SLNS Gajabahu, formerly USCGC Sherman (WHEC-720), a United States Coast Guard Hamilton-class high endurance cutter, was transferred to the Sri Lanka Navy on 27 August, 2018, at Honolulu. The vessel was recommissioned 06 June, 2019, as SLNS Gajabahu (P626) during Maithripala Sirisena’s tenure as the President. (Last week, US Special Envoy for South and Central Asia, Sergio Gor, who was here to deliver a message to President Anura Kumara Dissanayake, in the company of Navy Chief of Staff Rear Admiral Damian Fernando, visited SLNS Gajabahu, at the Colombo port.)

What would have happened if the then Navy Chief, Vice Admiral Nishantha Ulugetenne (15 July, 2020, to 18 December, 2022) failed to swiftly respond to the threat on the President? Those who spearheaded the violent campaign may not have expected the President to flee Janadhipathi Mandiraya, as protestors breached its main gates, or believed the Navy would intervene amidst total collapse of the ‘ground defences.’ Ulugetenne accompanied the President to Trincomalee. Among the group were the then Brigadiers Mahinda Ranasinghe and Madura Wickramaratne (incumbent Commanding Officer of the Commando Regiment) as well as the President’s doctor.

The circumstances leading to the President and First Lady Ayoma Rajapaksa boarding SLNS Gajabahu should be examined taking into consideration (1) the killing of SLPP lawmaker Amarakeerthi Atukorale and his police bodyguard Jayantha Gunawardena by an Aragalaya mob, at Nittambuwa, on the afternoon of 09 May, 2022 (2) the Army, deployed to protect Janadhipathi Mandiraya, quite rightly refrained from firing at the violent mob (3) efforts made by the top Aragalaya leadership to compel the then Premier Ranil Wickremesinghe to quit. Subsequently, it emerged that pressure was brought on the President to remove Wickremesinghe to pave the way for Speaker Mahinda Yapa Abeywardena to become the President and lastly (4) arrest of Kegalle SSP K.B. Keerthirathna and three police constables over the killing of a protester at Rambukkana on 19 April, 2022. The police alleged that they opened fire to prevent a violent mob from setting a petrol bowser, barricaded across the railway line there, ablaze.

Now, swift action taken by the Navy, under extraordinary circumstances to prevent possible threat on the lives of the President and the First Lady, had been challenged. The writer felt the need to examine the evacuation of the President against the backdrop of an attempt to compare it with President Wickremesinghe’s visit to the University of Wolverhampton in September, 2023, to attend the awarding of an honorary professorship to his wife Prof. Maithri Wickremesinghe.

The 09 July intervention made by the Navy cannot be, in any way, compared with the public funds spent on any other President. It would be pertinent to mention that the President, fleeing Janadhipathi Mandiraya, and the withdrawal of the armed forces deployed there, happened almost simultaneously. Once a collective decision was made to vacate Janadhipathi Mandiraya, they didn’t have any other option than rushing to the Colombo harbor where SLNS Gajabahu was anchored.

Overall defences in and around Janadhipathi Mandiraya crumbled as crowds surged in the absence of an effective strategy to thwart them. As we recall the law enforcers (both military and police) simply did nothing to halt the advance of the mob right into Janadhipathi Mandiraya, as people, like the then US Ambassador Julie Chung, openly prevailed on the hapless administration not to act against, what she repeatedly termed, ‘peaceful protesters’, even after they, in a pre-planned operation, meticulously burnt down more than hundred properties of government politicos and loyalists, across the country, on 9/10 May, 2022. So they were, on the whole, the proverbial wolves in sheep’s clothing working with the Western regime change project here as was previously done in places like Libya and Iraq and more recently in neighbouring countries like Pakistan, Bangladesh and Nepal to install pliant governments.

After the 9/10 incidents, President Rajapaksa replaced the Commander of the Army, General Shavendra Silva, with Lt. Gen. Vikum Liyanage.

RTI query

M. R. Ali of Kalmuinai, in terms of Section 34 of the Right to Information Act No. 12 of 2016 (read with Article 138), has sought information, in September 2022, regarding the deployment of SLNS Gajabahu. The Navy rejected the request in November 2022, citing Section 5(1)(b)(i) of the RTI Act, which relates to information that could harm national security or defence. Obviously, the release of information, sought by that particular RTI, couldn’t undermine national security. No one can find fault with Ali’s decision to appeal to the RTI Commission against the position taken up by the Navy.

Following hearings in 2023, the Commission issued a split decision on 29 August, 2023. The RTI Commission upheld the Navy’s refusal to disclose items 1 through 5 and item 8, but directed the Navy to release the information for items 6 and 7, specifically, the cost of the travel and who paid for it.

However, the Navy has moved the Court of Appeal against the RTI directive to release the cost of the travel and who paid for it. Having examined the case in its entirety, the Court of Appeal held that the Navy, being the Public Authority responsible for the deployment of the vessel, had failed to prove how they could receive protection under 5(1)(b)(i) of the Right to Information Act. The Court of Appeal affirmed the order dated 29/08/2023 of the Right to Information Commission. The Court dismissed the appeal without costs. The bench consisted of R. Gurusinghe J and Dr. Sumudu Premachandra J.

There hadn’t been a similar case previously. The Navy, for some strange reason, failed to highlight that the failure on their part to act swiftly and decisively during the 09 July, 2022, violence that directly threatened the lives of the President and the First Lady, thwarted a possible catastrophic situation.

The action taken by the Navy should be discussed, taking into consideration the failure on the part of the Army and Police to save the lives of MP Atukorale and his police bodyguard. No less a person than retired Rear Admiral and former Public Security Minister Sarath Weerasekera alleged, both in and outside Parliament, that the Army failed to respond, though troops were present in Nittambuwa at the time of the incident. Had the Navy hesitated to evacuate the President and the First Lady the country may have ended up with another case similar to that of lawmaker Atukorale’s killing.

The Gampaha High Court, on 11 February, 2026, sentenced 12 persons to death for the killing of Atukorale and his security officer Gunawardena.

Let me stress that the costs of presidential travel have been released in terms of the RTI Act. The deployment of SLNS Gajabahu, at that time, has to be examined, taking into account the eruption of Aragalaya outside President Rajapaksa’s private residence at Pangiriwatte, Mirihana, on the night of 31 March, 2022, evacuation of the resigned Prime Minister Mahinda Rajapaksa from Temple Trees, after protesters breached the main gate on 10 May, 2010, and the JVP/JBB-led attempt to storm Parliament on 13 July, 2022. Mahinda Rajapaksa and wife Shiranthi took refuge at the Trincomalee Navy base, chosen by Gotabaya Rajapaksa as sanctuary a few months later.

US Ambassador Julie Chung tweeted that Washington condemned “the violence against peaceful protestors” and called on the Sri Lankan “government to conduct a full investigation, including the arrest and prosecution of anyone who incited violence.”

The US fully backed the violent protest campaign while the direct involvement of India in the regime change project later transpired. As far as the writer is aware, this particular request is the only RTI query pertaining to Aragalaya. Evacuation of Mahinda Rajapaksa took place in the wake of a foolish decision taken at Temple Trees to unleash violence on Galle Face protesters, who were also besieging Temple Trees.

Defence Secretary retired General Kamal Gunaratne told a hastily arranged media conference that the former Prime Minister was at the Naval Dockyard in Trincomalee. The media quoted him as having said: “He will be there for a few more days. We will provide him with whatever security he needs and for as long as he wants.” Mahinda Rajapaksa remained in Trincomalee for over a week before attending Parliament.

Navy’s dilemma

Gotabaya

At the time information was sought under the RTI Act, Ulugetenne served as the Commander of the Navy. Vice Admiral Priyantha Perera succeeded Ulugetenne on 18 December, 2022. Following VA Perera’s retirement on 31 December, 2024, President Anura Kumara Dissanayake brought in the incumbent Kanchana Banagoda, as the 26th Commander of the Navy.

On the basis of the RTI query that dealt with the deployment of SLNS Gajabahu to evacuate President Gotabaya Rajapaksa and First Lady Ayoma, one can seek information regarding the expenditure incurred by Air Force in flying Mahinda Rajapaksa and his wife from Colombo to Trincomalee and back, as well, as Gotabaya Rajapaksa, his wife and two bodyguards leaving the country on Air Force AN 32 on 13 July, 2022. On the following day, they flew to Singapore on a Saudi flight.

Ali, in his representations, stressed that his objective hadn’t been to determine the legality of the Navy’s actions but to exercise his right as a citizen and taxpayer to oversee public spending. He questioned the failure on the part of the Navy to explain as to how revelation of specific information would “directly and reasonably” harm national security. In spite of the RTI Commission directive, the Navy refrained from answering two specific questions as mentioned by justice Dr. Sumudu Premachandra. Question number (6) How much money did the Sri Lanka Navy spent for the travel of former President Gotabhaya Rajapaksha in this ship? And (Question 7) Who paid this money? When did they pay?

Both the RTI Commission and Court of Appeal quite rightly rejected the Navy’s position that the revelation of cost of the deployment of vessels poses a significant threat to national security. That claim was based on the assertion that such financial data could allow third parties to calculate sensitive operational details, such as a ship’s speed, fuel consumption, and operational range. The Navy claimed that the disclosure of sensitive information could reveal supply dependencies, logistics constraints, and fueling locations, making the vessels vulnerable to sabotage or economic warfare.

The Navy sought protection of RTI Act’s section 5(1)(b)(i). Following is the relevant section: “(b) disclosure of such information– (i) would undermine the defence of the State or its territorial integrity or national security;”

The Navy appears to be in a bind over the RTI move for obvious reasons. With the ultimate beneficiary of Aragalaya at the helm, the Navy would find it extremely difficult to explain the circumstances SLNS Gajabahu was deployed against the backdrop of direct threat on the lives of the then incumbent President and the First Lady. The truth is desperate action taken by the Navy saved the life of the President and his wife. That is the undeniable truth. But, the current political environment may not be conducive to say so. What a pathetic situation in which the powers that be lacked the courage to lucidly explain a particular situation. As stressed in the Supreme Court judgment of November 2023, the Rajapaksa brothers – including two ex-Presidents – were guilty of triggering the country’s worst financial crisis by mishandling the economy.

In a majority verdict on petitions filed by academics and civil rights activists, a five-judge bench ruled that the respondents, who all later resigned or were sacked, had violated public trust. The regime change project took advantage of the attack ordered by Temple Trees on 09 May, 2009, on Galle Face protesters, to unleash pre-planned violence on ruling party politicians and loyalists.

If not for the courageous decision taken by Prime Minister Ranil Wickremesinghe, in spite of his private residence, at Kollupitiya, being set ablaze by protesters on the night of 09 July, 2022, to order the military to thwart the JVP/JJB march on Parliament, two days later, and evict protesters from Galle Face soon after Parliament elected him the President on 20 July, 2022, saved the country from anarchy. Although Wickremesinghe, without restraints, encouraged Aragalaya, he quickly became the bulwark against the anti-State project that threatened to overwhelm the political party system.

Obviously, during Wickremesinghe’s tenure as the President, the SLPP, that accommodated the UNP leader as the Head of State, appeared to have turned a blind eye to the RTI query. Had the SLPP done so, it could have captured public attention, thereby making an attempt to influence all involved. In fact, the case never received media attention until journalist and Attorney-at-Law Nayana Tharanga Gamage, in his regular online programme, dealt with the issues at hand.

Before leaving Janadhipathi Mandiraya, the President has warned the military top brass, and the IGP, to prevent the destruction of the historic building. However, no sooner, the President left, the military top brass vacated the building leaving protesters an easy opportunity to take control. They held Janadhipathi Mandiraya until Gotabaya Rajapaksa resigned on 14 July 2022 to pave the way for Ranil Wickremesinghe to become the President.

It would be pertinent to mention that President Gotabaya Rajapaksa only moved into the Presidential Palace (Janadhipathi Mandiraya) after massive protest outside his Pangiriwatte private residence on 31 March, 2022, underscored his vulnerability for an attack.

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Midweek Review

Village tank cascades, great river quartet and Cyclone Ditwah

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This past November and December Ditwah showed us how dark, eerie and haunting catastrophes cyclones can be. Past generations have suffered as shown in 1911, the Canberra Times reporting the great flood of Ceylon on December 30 of that year. It killed 200 people and left over 300,000 homeless. Half century later, on December 25, 1957, a nameless cyclone brought severe rain to the North Central Province (NCP), and the Nachchaduwa reservoir breached, unloading its full power of volume into Malwatu Oya, a mid-level river flowing through the city of Anuradhapura, nearly washing away its colonial-era bridge near the Lion Tower. A cyclone paid a visit to the Eastern Coast of Sri Lanka on November 17-23, 1978.

Half a century later, Ditwah came with swagger.

Quartet of Rivers

Cyclone Ditwah unleashed disaster and tragedy, terrorising every breath of hundreds of thousands of people. These cyclones come spaced by a generation or two. How the Great River Quartet of Mahaweli, Kelani, Kalu, and Walawe, and their attendant mid-level streams, behaved before Ditwah masks the reality that they are not the loving and smiling beauties poets claim them to be. During the Ditwah visit, our river Quartet showed its true colours in plain sight when wave after wave of chocolate rage pushed uprooted forests creasing islands of floating debris and crashed onto bridges, shattering their potency into pieces. These rivers are nothing more than a bunch of evil reincarnations cloaked in ruinous intentions.

The River Quartet and its mates woke up to the first thunder of Ditwah. They carried away villages, people, property, herds of cattle, and wild elephants to the depths of the Indian Ocean. While we continue to dig out the dead buried in muddy mountainsides, dislodged from their moorings during this flood of biblical proportions, how our rivers, streams, and, particularly, the village tanks handled the pressure on their own will be the core of many future discussions.

The destruction and tragedy caused by this water hurt all of us in many ways. But we all wish they were only a fleeting dream. Sadly, though, the real-life sight of the pulverised railway bridge at Peradeniya is not a dream. This section of the rail line was stripped of its modesty and laid bare. It hung in the air, literally, like strands of an abandoned spider’s web on a wet Kandyan morning. It was a reminder to us that running water is a masked devil and should not be considered inviting. It can unleash the misery with a chilling ending no one wants to experience in a lifetime.

Tank Cascade Systems (TCS)

Although the Ditwah cyclone covered Sri Lanka from top to bottom with equal fury, the mountainous areas and floodplains of our River Quartet surrendered soon. However, the village tanks in the Dry Zone – Northern, North Central, Northeast, and Eastern provinces – weathered that onslaught, sustaining only manageable damage. They collectively mitigated the damage caused by over 200 mm of rain that fell across the catchment areas they represented. Thus, the tank, the precious possession of the village, deserves to be titled as a real beauty.

Let me introduce the village tanks systems our engineering ancestors built with sophistication and ingenuity, a force like Ditwah hardly made a dent in groups of these tanks called Tank Cascade Systems (TDS). Many of the village tanks in the Dry Zone, covering 60% of Sri Lanka’s land area, stand in groups of TDS, separated as individual bodies of water but sharing water from one or more dedicated ephemeral streams. R.W. Ievers, the Government agent for North Central Province in the 1890s, noted that these tanks were the result of “one thousand years of experiment and experience,” and “ancient tank builders took advantage of the flat and undulating topography of the NCP to make chains of tanks in the valleys.” Colonial Irrigation Engineers of the early 20th century also recognised this uniqueness. Still, they could not connect the dots to provide a comprehensive definition for this major appurtenance of the village.

Although these tanks appear to be segregated ecosystems, a closer look at the peneplain topographic map of Sri Lanka shows that each stream feeding them ultimately flows into a larger reservoir or river, jointly or independently influencing the mechanics of regional water use and debouching patterns. This character is the spirit of the dictum of King Parakramabahu centuries earlier: “let not a single drop of water go to waste into the sea without being used by people.” Villagers knew that each tank in their meso-catchment area was related to other tanks on the stream it was in ensuring maximised use of water.

With their embodied wisdom, our ancestors centuries ago configured the placement of individual tanks that shared water from a catchment area. But not until 1985, following a careful autopsy of the pattern of these small tanks in the Dry Zone, Professor Madduma Bandara noticed a distinctive intrinsic relationship within each group of tanks. He called a group of such tanks a Cascade of Tanks. He wrote, “a (tank) cascade is a connected series of tanks organized within a micro-catchment of the Dry Zone landscape, storing, conveying, and utilising water from an ephemeral rivulet.” In short, it is a “series of tanks located in succession one below the other.” Dr. M.U.A. Tennakoon shared the names of the villagers in Nuwarakalaviya used for this configuration of tanks: Ellangawa. On a map, these tanks appear as hanging on a string. Thus, Ellangawa can be a portmanteau, a blend, of these two words.

There are over 475 such cascading tank groups in the Dry Zone. On average, each cascade typically supports four tanks. One cascade, Toruwewa, near Kekirawa, has 12 tanks. According to Professor Madduma Bandara, a cascade of tanks held about 20-30% of the water falling on its catchment area. As I will show later in this essay, the tank cascades behave like buddies in good times and bad times. By undertaking to build a vascular structure to collect, conserve, and share water with communities along the stream path, our ancestors forewarned of the consequences of failing to undertake such micro-projects where they chose to live. The following are a villager’s thoughts on how to retool this concept to mitigate the potential for damage from excess water flow in a larger river system.

To villagers, their tank is royalty. Its water is their lapis lazuli. Therefore, they often embroidered the title of the village with the suffix wewa (tank) or kulam (tank, in Tamil), indicating the close connection between the two. It is the village’s foremost provider and is interdependent. That is why we have the saying, “the village is the tank, and the tank is the village.”

A study in 1954/55 found that there were 16,000 tanks in Sri Lanka, of which over 12,500 were operational. Out-of-commission tanks were those that fell into disuse after the original settlers abandoned them for a host of reasons, such as a breach in the bund, fear of plague or disease, or superstition. Collectively, they supply water to an area larger than the combined area of the fields served by the major irrigation reservoirs in the country at the time.

In some villages, an additional tank called olagama, with its own acreage of fields, receives water from the same stream or from another feeder stream which joins the principal stream above or below the main tank. In the event the main tank is disabled, often the olagama tank can serve as the alternate water source for their fields.

Cultural and Engineering

A graphical representation of the tank cascade system. Image courtesy of IUCN Sri Lanka.

A tank cascade is also an engineering undertaking. But village tank builders were not engineers with gold-trimmed diplomas. They were ordinary folks, endowed with generations of collective wisdom, including titbits on the physics of water, its speed, and its cruelty. Village pioneers responsible for starting the construction of the tank bund, gam bendeema, placed the first lump of earth after marking off home sites, not immediately below the future bund, but slightly towards one end of it, in the area called gammedda, or the elevated area the bund links to, gamgoda.

Engineering of a tank cascade has a cultural underpinning. It is founded on the feeling of solidarity among the villages along an ephemeral stream. In practice, it was a wholesome area with small communities of kin below each tank sorting out their own affairs without much intervention of the ruling class. For example, during heavy rains, each village in the chain communicated with the villages below the volume in its tank and the projected flow of the stream. When the tank reached its capacity and water began to spill over the spillway, the village below must take measures to protect its tank bund. If it breached, villagers up and down the cascade helped each other repair it.

They were aware that an earthen dam was susceptible to failure, so they used their own town-planning ideas. They avoided building residential zones directly under the stream’s path, generally at the midpoint of the dam. Instead, they built their triumvirate of life – tank, field, and dagoba (stupa) – keeping safety and practicality in mind. Dagoba was always on a higher ground, never supported by beams on a stream bank like what Ditwah revealed recently. We now know what happens to dagobas built on sagging beams by deceptively serenading riverbanks when thunder waters and unworldly debris came down hand in hand.

From top to bottom, the Tank Cascade showed the engineering instinct of the builders and accessory parts that helped its smooth functioning. There was the Olagama and Kulu Wewa associated with a system. Tank builders had an idea of the volume of water a given stream would bring in a year. In conjunction with this, the bunds of the Olagama and Kulu Wewa are built small. In contrast, the bunds of the tanks that formed the lower rung of the cascade are relatively larger. The idea behind this was that, in the event of a breach in an upstream tank, the downstream tanks could withstand an unexpected influx of water.

During the Ditwah’s death dance, the Mahaweli River did not have this luxury as it marched downstream from Kotmale dam. There were not enough dams to tame this river, and its beastly nature was allowed to run wild until it was too late for many.

The embodied imprints of experience inherited from their ancestors’ helped villagers design the tank’s physical attributes. In general, a tank supplied by this stream had a dam of a size proportional to the amount of water it could store for the fields. Later, as the village added families and field acreage increased, villagers raised the bund and the spillway to meet increased storage capacity. This simple practice guarded against eventualities like uncontrollable floods between villages. Excess water was allowed to flow through the sluice gate and the spillway, reducing the pressure on the bund. Had we applied this fundamental practice on a proportional scale to a large stream, i.e., oya or river, it would have lessened the destruction during a major rainstorm, ilk of which Ditwah brought.

With my experience living in a village with its tank, part of a TCS of five tanks, I wish large rivers like the Mahaweli had a few small-scale dams or partial diversions mimicking a rudimentary TCS so that the Railway Bridge at Peradeniya could have avoided the wrath of hell and high-water bringing muck and debris along its 46 km descent from Kotmale, where its lone dam is. I am glad I have company here. Professor Madduma Bandara noted 40 years ago, “much water flows through drainage lines due mainly to the absence of a village tank-type storage system.” Mahaweli turned out to be that drainage line this past November, holding hands, sadly, though, jubilantly, with the designs of Ditwah. Recently, former Head of Geo-Engineering at Peradeniya University, Udeni Bandara Amarasinghe, highlighted the importance of building reservoirs on other rivers to control floods like those we experienced recently.

Check Dams & Macroscopic Control

Within the TCS, the check dams, Kulu Wewa or Kele Wewa – forest tanks above a working tank held back sediments generated by upstream denudation. They controlled the volume and water entering the main tank. Kulu Wewa provided water for wild animals and checked their tendency to raid crops below the main tank. The difference between Kulu Wewa and Olagama was that, because of its topographical location, Kulu Wewa was occasionally used as a source of water for crops when the main tank below it became inoperable due to a breach or was undergoing repairs or used up its water early.

Based on these definitions, each working tank in the TCS also acted like a check dam for the one below it. Furthermore, if a tank in the cascade ran out of water, other tanks in the cascade stepped in. They linked up with the tanks above through temporary canals made by extending an existing minor canal, wella, or the wagala, excess water pan, of an upstream field.

The tank bund tamed and kept in check the three attributes of a stream – water velocity, volume, and its destructive power. By damming the stream, the villagers broke fueling momentum of it. They rerouted it via the spillway at the end of the bund, a form of recycling. Water from some spillways is diverted along a large niyara-like (field ridge) lesser dam, built along the wanatha (flanks) of the field, until it empties into the atrophied stream below the field.

Simultaneously, by controlling the release of water through two sluice gates on the bund, goda and mada horowwa, and directing it to the two flanks of the field, ihala and pahala wanatha, villagers succeeded in tamping down the pressure on the bund. Water from the neutered stream is thus redirected from all three exit points. It must now continue its journey along the wagala, to which field units (liyadi) also empty their excess water. This water is called wel pahu wathura.

After going through this process, the momentum of the ephemeral stream water is passive by the time it reaches the tanks in the lower parts of the cascade, often a kilometer or two downstream. This way, a line of tanks along the stream’s axis now shares the responsibility of holding back its full potential, limiting its ability to cause damage.

Such a break of momentum was lacking in the Four Great River Quartet and their lesser cousins. For the long-term solution to prevent damage from future cousins of Ditwah, we must consider this ingenious water-control method for rivers on a macroscopical scale.

Reservoirs

1957 and 2025 Cyclones Flood Marks written above window and below on the wall of a house by the banks of the Malwatu Oya in Anuradhapura.

As Ditwah-type floods occurred in 1911, 1957, 1978, and 2025, with a bit of luck, we can expect to have a few more decades of recess to work on cascading edifices along rivers, such as dams or diversions, before the next flood comes with roguish intentions. The Accelerated Mahaweli Diversion Program (AMDP), started in 1978, took 30 years to complete and now has over a dozen reservoirs between Kandy and the Dry Zone coastal belt, holding back its might. These reservoirs held their ground while Ditwah rained hell, so consulting the TCS’s ingenuity, though seems antiquated, is a good investment.

As soon as Cyclone Ditwah began to make noise, word spread that releasing water from a few of them on the Mahaweli and Kelani rivers could have made a difference. The problem with the Kelani River basin in Western Province and the Mahaweli basin in Central Province above Kandy is that, despite their combined population being nine times that of the NCP, they only have six reservoirs. On the contrary, the NCP has twice as much in the lower Mahaweli River basin, built under the AMDP. Furthermore, the NCP also has many ancient reservoirs it inherited from our ancestors. A string (cascade) of large reservoirs or minor dams in the hill country could have helped break the river’s energy which it accumulated along the way. G.T. Dharmasena, an irrigation engineer, had already raised the idea of “reorienting the operational approach of major reservoirs operators under extreme events, where flood control becomes a vital function.”

Unique Epitaphs for the Cyclones

The processes discussed above could have prevented the destruction of the railway track at the Peradeniya bridge, the image of which now stands like a pictorial epitaph to the malicious visit of the Ditwah and a reminder to us, “what if…?” or “what next…?”

As mentioned at the beginning of this essay, when the 1957 Cyclone dropped heavy rain on the NCP, a Railway Department employee at Anuradhapura made an exceptional effort to keep the memory of that saga for posterity with an epitaph still visible 70 years later. This person memorialised his near escape from the Malwatu Oya flood. As the river roared past over the railing of the bridge near the Lion Pillar roundabout, this employee, probably trapped in his two-storied house near the roundabout, day-stamped the visit of the flood with a red line on the wall of his house to mark the height it reached to trap him.

Three meters from the ground, right between two archtop windows facing the road to Sri Maha Bodhi, he wrote, “Flood level” in Sinhala, Tamil, and English. Right below it, at the end of the faded line, he added, “1957-12-25.”

As Cyclone Ditwah came along, the current resident of the house was not going to break this seven-decade-old tradition. After the flood receded this time, this duty-bound resident drew a line in blue ink and wrote at its end, ‘2025-11-28’, his contributing epitaph reminding us of infamous day Ditwah showed her might by driving the river off its banks. (See picture)

He added a coda to his epitaph – the numeral “8” in 28 is written in bold!

Lokubanda Tillakaratne is the author of Rata Sabhawa of Nuwarakalaviya: Judicature in a Princely Province – An Ethnographical and Historical Reading (2023).

by LOKUBANDA
TILLAKARATNE

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Midweek Review

Whither Honesty?

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on

In the imperiled IOR’s ‘Isle of Smiles’,

The vital ‘National Honesty Week’,

Has sadly gone unobserved,

In an unsettling sign of our times,

That honesty is no longer the best policy,

For neither smooth-talking rulers,

Taking after posh bourgeois predecessors,

Nor perhaps sections of the harried ruled,

Now sensing tremors of a repeat implosion.

By Lynn Ockersz

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