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Editorial

Things falling apart

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Monday 7th March, 2022

The rule of law is what prevents a country’s descent into anarchy. It is an integral part of the so-called social contract that ensures the cohesion of the modern state, and cannot exist in a vacuum; its existence hinges on public faith in the law enforcement and judicial systems. Doomed is a country, where the culture of impunity takes root; the rich and the powerful rise above the law; the police become mere putty in the hands of politicians, and, worse, the scales of justice are tilted in favour of the crooked rulers, and other such elements. It is much more so when the people face unbearable hardships such as chronic scarcities of essential commodities with their rulers living high on the hog and demonstrating a callous disregard for their woes.

Nothing incenses the hapless public more than to have their rulers’ super luxury vehicles zinging past them while they are waiting in winding queues to buy fuel and food items, or to see powerful crooks who cut questionable deals at the expense of the national interest have the last laugh in legal battles? Pent-up public anger first finds expression in people jeering at failed government leaders, and then spills on to the streets, triggering uprisings. When the executive and legislative branches of government fail, the people pin their hopes on the judiciary, and if they become disappointed, things begin to fall apart.

A severe erosion of public faith in the judiciary becomes inevitable when those who perpetrate massive frauds, and are exposed by special commissions for their culpability walk free, because the state prosecutor does not care to file cases against them properly, and colludes with corrupt rulers, and, above all, judicial decisions in high-profile cases become invariably favourable to the powers that be with the public being able to predict not-guilty verdicts in cases against powerful politicians and their kith and kin.

Blessed is a country where the judiciary jealously guards its independence and has the courage to give bold judgments against powerful politicians. Two such instances have been reported from India recently, the latest being last week’s Andhra Pradesh High Court ruling that scrapped Chief Minister Jagan Mohan Reddy’s ambitious plan to create multiple capitals for the state; the court has reportedly cited incompetence, abuse of power and arbitrariness on the part of the state government as the reasons for its decision. A three-judge bench headed by Chief Justice Prashant Kumar Mishra declared that the state government’s plan was ‘bereft of any legal authority and smacked of mala fides and would deprive 30,000 unsuspecting farmers of their livelihood and right to lead dignified lives after they voluntarily surrendered their land for the development of the capital city’.

On reading about the aforesaid bold judgment, people living in countries where judiciaries are too meek to scrap disastrous plans and shady deals, may fervently wish they too were blessed with upright judges capable of standing up to arrogant political leaders intoxicated with power.

Pity the land …

About seven million voters who, lured by the promise of Prosperity and Splendour, of all things, made the 2019 regime change possible (and others who did not fall for it) are beset with deprivation and misery, and have had to settle for small mercies because good life they dreamt of has become pie in the sky.

What is this world coming to when people who vote in a government, hoping for the enjoyment of abundance, find themselves in a situation where they are left with no alternative but to find contentment in buying a canful of kerosene, a small packet of milk powder, a cylinder of cooking gas or a measure of rice, at exorbitant prices, after staying in queues for hours on end?

Pity the land where people who stay overnight in queues at filling stations, to buy diesel, petrol or kerosene, celebrate the arrival of a fuel bowser by lighting firecrackers!

Pity the land where people cheer when the power is back on, after hours of load shedding, which could have been avoided if the rulers they have voted for, over the decades, had managed the economy properly and built foreign currency reserves to pay for fuel imports!

Pity the land where a sucker is born every minute, and hungry masses converge at political rallies and burst into cheers when crafty politicians who are responsible for their predicament bellow rhetoric, and make more promises!



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Editorial

Good governance: Pie in the sky?

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Thursday 24th April, 2025

The NPP government is coming under increasing pressure to disclose the contents of the MoUs it signed with India during Indian Prime Minister Narendra Modi’s recent Sri Lanka visit. But it keeps them under wraps, trotting out various excuses and exuding hubris. Minister of Foreign Affairs Vijitha Herath as well as Cabinet Spokesman and Minister Dr. Nalinda Jayatissa has said anyone can invoke the Right to Information (RTI) laws and obtain information about the MoUs in question. Curiously, Dr. Jayatissa has reportedly said that some information about the MoUs cannot be revealed to the public without India’s consent! So, the question is whether he and Herath think Sri Lanka’s RTI Act will compel India to consent to reveal the contents of the controversial MoUs to the Sri Lankan public.

The NPP government never misses an opportunity to flaunt its popular mandate and brag that it has been elected by as many as 6.8 million people. But it does not respect their right to know the contents of the agreements/MoUs it has entered into with another country. Those people voted for the NPP in the hope that it would fulfil its pledge to usher in good governance.

Claiming that all its predecessors had only paid lip service to good governance, the NPP sought a mandate to make a difference. But there has been no radical break with the past under the current dispensation, as evident from the manner in which the NPP is conducting its first election campaign after being ensconced in power. It has adopted the same modus operandi as its predecessors in a bid to win the upcoming Local Government (LG) polls. State workers have been given pay hikes; government politicians are issuing threats to impose fund restrictions on the local councils to be won by parties other than the NPP; President Anura Kumara Dissanayake, who is also the leader of the JVP and the NPP, has promised to expand the Aswesuma social welfare scheme to include 400,000 more families; the government tried to distribute dry rations about two weeks ago to muster favour with the public, and it has pledged to recruit 35,000 more individuals into the state service, which is already bursting at the seams.

The JVP/NPP has made a mockery of its much-advertised commitment to good governance by refusing to ensure transparency regarding the aforementioned MoUs with India, especially the one on defence cooperation. The UN has defined good governance as the transparent, accountable, inclusive, and efficient management of public affairs and resources. Good governance cannot exist in a political environment devoid of transparency and accountability.

The JVP/NPP leaders vehemently protested when the previous government dragged its feet on presenting its agreement with the IMF to Parliament. Today, they are practising exactly the opposite of what it asked its predecessors to do. They insist that their MoUs with India do not contain anything detrimental to Sri Lanka’s interests. If so, they should have made the contents thereof readily accessible to the public of its own volition.

The JVP-led government has rightly undertaken to ensure that justice will be served to the victims of the Easter Sunday terror attacks expeditiously. It must go all out to fulfil that pledge. However, first of all, it ought to tender an unqualified apology to the public for its reign of terror, which destroyed thousands of lives and state assets worth billions of rupees in the late 1980s, when it campaigned against the Indo-Lanka Accord, claiming that it had been thrust on Sri Lanka. It sought to justify its mindless terror by claiming that violence was the only means it was left with in its efforts to defeat what it described as Indian expansionism, but today it has no qualms about signing MoUs/agreements with India on the sly. It is only fuelling speculation that it is doing its damnedest to prevent the ill-effects of its deals with India from becoming public in the run-up to the upcoming LG polls.

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Editorial

Waiting for Godot?

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Wednesday 23rd April, 2025

A four-member committee has been appointed to study the report of the Presidential Commission of Inquiry (PCoI) that probed the Easter Sunday terrorist bombings (2019). It comprises a Senior Deputy Inspector General (Chairman), the DIG of the CID, Director of the CID and the Director of the Terrorism Investigation Division. It is reported to have set up several subcommittees. Based on new evidence that may emerge, fresh investigations will be launched, the Police Media Spokesman has said.

Thus, the NPP government, too, has chosen to kick the can down the road, so to speak. All signs are that the committee and its subcommittees will take a month of Sundays to study the PCoI report, and fresh investigations to get underway on the basis of their findings and observations could go on until the cows come home.

What impact will the PCoI report have on the police investigations that have been going on into the Easter Sunday carnage for years? If the police have not already drawn on the PCoI findings and observations in probing the terror attacks, their investigations are likely to be delayed further until the conclusion of the perusal of the document.

One may recall that in August 2021, the Catholic Church demanded credible answers, within one month, to questions regarding the Easter Sunday tragedy. Its ultimatum, given in a 20-page letter, prompted the Gotabaya Rajapaksa government to have the then IGP C. D. Wickramaratne issue a special statement explaining why the probe into the Easter Sunday terror attacks had been delayed. He found fault with those who had handled the police investigations previously.

Wickramaratne’s statement, which shed light on the sorry state of affairs in the CID and other investigative branches of the police, warrants the attention of those who seek justice for the Easter Sunday carnage victims expeditiously. Wickramaratne said the police probes into the terror attacks had been riddled with flaws. Investigators had been in an inordinate hurry to make the bombings out to be the work of a handful of extremists with links to ISIS, and no serious attempt had been made to get to the bottom of the carnage, he said, claiming that they had also taken great pains to prove that all those involved in the terror attacks had been either killed or arrested. Some police officers handling investigations had acted irresponsibly, said Wickramaratne, noting that certain ego-driven investigators had tried to conclude the probes fast, and claim the credit for that; their approach had adversely impacted the criminal investigations.

The PCoI report had been referred to the Attorney General for necessary action, Wickramaratne noted, claiming that the previous investigations had been characterised by a total lack of coordination among the investigation teams, who worked in water-tight compartments. That fact had become evident from the way some incidents had been probed before the Easter Sunday bombings, IGP Wickramaratne said, pointing out that their interconnectedness had gone unnoticed.

Some other factors IGP Wickramaratne adduced to explain the delays in the police investigations in question were the process of ascertaining information from the countries where some suspects were living, and the gathering of evidence pertaining to telephone conversations from 24 June 2014 and analysing them to determine when the dissemination of extremist ideas began in this country and how extremism developed. Among those who aided and abetted the perpetrators of the Easter Sunday attacks were some educated persons and professionals, and given their calibre and social standing, investigations had to be carried out thoroughly if they were to be successfully prosecuted, Wickramaratne said, claiming that it had taken four years to bring those responsible for the bomb attack on the Dalada Maligawa in 1998 to justice, and investigations into the suicide bomb attacks on a religious ceremony held by a mosque at Akuressa in 2009 had taken seven years. The police had been able to carry out those investigations free from pressure, he said.

Cabinet Spokesman Dr. Nalinda Jayatissa has gone on record as saying that the task of disclosing the masterminds behind the Easter Sunday terror attacks should be left to the CID and the judiciary. The government, which promised to name the terror masterminds itself, has made another about-turn! With the investigative process marked by delaying tactics, inaction and deflection, it may not be unreasonable to say that at this rate, justice for the victims of Easter Sunday carnage may be galactic years away.

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Editorial

Endless probes and conspiracies

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Tuesday 22nd April, 2025

The sixth anniversary of the Easter Sunday carnage has passed, yet the government has failed to fulfil its pledge to make an earth-shattering revelation about the masterminds behind it. Instead, President Anura Kumara Dissanayake has handed over to the CID all volumes of the final report of the Presidential Commission of Inquiry (PCoI) that probed the 2019 terror attacks.

The PCoI has not recommended that its complete report be handed over to the CID. It has requested the President to send ‘a complete set of the report to the Attorney General to consider institution of criminal proceedings against persons alleged to have committed the said offences’.

Interestingly, the PCoI report the President has sent to the CID contains some key findings that run counter to the government’s contention that there was a political conspiracy behind the carnage. The report says in Chapter 32: “The original plan of Zahran was to attack the Kandy Perahera. But it was advanced due to the recovery of explosives from Wanathawilluwa and international factors. IS was losing ground in Syria and Iraq and called on its faithful to launch attacks. He was also concerned that the law enforcement authorities may apprehend him soon” (p. 467).

There is a vital document that President Dissanayake should hand over to the CID. It is the report of the Imam Committee, which probed the allegations made in a Channel 4 programme, ‘Sri Lanka’s Easter Sunday bombings – Dispatches’, telecast on 5 Sept., 2023. That presidential committee comprising former Judge of the Supreme Court S. I. Imam (Chairman), former Commander of the Sri Lanka Air Force Air Chief Marshal Jayalath Weerakkody and President’s Counsel Harsha A. J. Soza, has debunked a much-publicised claim by a person named Azad Moulana that there was a link between Sri Lanka’s military intelligence and Zahran’s terror group.

Some critical aspects of the Easter Sunday terror attacks have not been investigated thoroughly. One may recall that three months after the tragedy, Archbishop of Colombo Cardinal Malcolm Ranjith, reportedly said, at St. Sebastian’s Church, Katuwapitiya, that the terror attacks had been part of an ‘international conspiracy’. Media reports also said he had lashed out at President Maithripala Sirisena and Prime Minister Ranil Wickremesinghe for lacking the courage to resist the foreign conspiracy to destabilise Sri Lanka. As we pointed out yesterday, he is one of the key witnesses who said in their testimonies before the PCoI that probed the Easter Sunday carnage that there had been a foreign hand/conspiracy behind the terror attacks.

Meanwhile, in a leaked audio clip of what is described as a telephone conversation between Deputy Minister Rajan Ramanayake and SSP Shani Abeysekera, during the Yahapalana government, about the Easter Sunday terror attacks, the latter is heard telling the former something in Sinhala to the effect that Mohamed Ibrahim, a wealthy businessman who was a JVP’s National List nominee for the 2015 general election, cannot be so stupid as not to have known what his two sons, who carried out suicide bomb attacks on 21 April 2019, had been doing. If this audio recording is not fake, the CID should go by Abeysekera’s contention, and interrogate Ibrahim again as part of their efforts to identify the terror masterminds. One may recall that when Ishara Sewwandi, a female accomplice of the gunman who killed underworld leader Ganemulle Sanjeewa in a courtroom at Hulftsdorp, went into hiding, the police arrested and grilled her mother and brother. The question is whether the NPP will allow its former National List candidate to be interrogated.

The government and the CID must peruse all reports on the Easter Sunday terror attacks thoroughly, keep an open mind and follow evidence wherever it leads if the integrity of the ongoing probe is not to be undermined. Politically motivated timeframes must not be imposed on criminal investigations.

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