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Editorial

When truth becomes a casualty

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Tuesday 14th June, 2022

Chairman of the Ceylon Electricity Board (CEB) M. M. C. Ferdinando has resigned over his recent statement, before the COPE (Committee on Public Enterprises), that Indian Prime Minister Narendra Modi had pressured President Gotabaya Rajapaksa to award the Mannar wind power project contract to India’s Adani Group. Ferdinando said President Rajapaksa had, after a meeting, told him that the latter was under pressure from Modi to ensure that Adani clinched the deal. But the President promptly denied his claim. (In this country, people do not believe anything until it is denied!)

There was absolutely no need for Ferdinando to lie before the COPE, but now he tells us that he mentioned the Indian Prime Minister’s name by mistake due to ‘unexpected pressure and emotions’ at the COPE meeting. But there was no hostile environment at the COPE meeting, as evident from the video footage of the event, and Ferdinando looked composed. In fact, when he revealed what the President had told him, he even smirked. It was obvious that he made the statement at issue in good faith in a bid to bolster his argument that the power plant project was a government-to-government one because the Indian Prime Minister himself had evinced a keen interest therein. But he did not realise the diplomatic and political ramifications of his statement.

Ferdinando’s disclosure about PM Modi having brought pressure to bear on President Rajapaksa on behalf of Adani has provided the Indian Opposition with ammunition. Gautam Adani is known as Modi’s Rockefeller, and the BJP government stands accused of going out of its way to help him. Modi has drawn heavy flak from the Congress for pushing for the wind power project on behalf of Adani. So, it is only natural that President Rajapaksa had to issue a rebuttal and the CEB Chief had to retract his statement and resign.

The issue of alleged Indian pressure over the wind power project cannot be considered closed simply because Ferdinando has withdrawn his statement. If one goes by his claim that his statement before the COPE was not true, then one can argue that he has violated parliamentary privileges by making a false claim to mislead the watchdog committee. More importantly, the peg on which he hung his argument that the Adani power project was a government-to-government deal was that according to President Rajapaksa, PM Modi had pushed for it. If Ferdinando has lied before the COPE, then the question is whether the project could be considered a government-to-government one.

When the Hambantota harbour was handed over to China on a 99-year lease, The New York Times said Beijing had leveraged its loans to make Sri Lanka cough up a port, of all things. What will the critics of Sri Lanka’s increasing dependence on India for loans say? Will they say India has got Sri Lanka to cough up a wind power project contract?

It will be interesting to see the reaction of the COPE to the outgoing CEB Chairman’s self-contradiction. Will it raise a privilege issue and call for action against Ferdinando? Or, will it just forget about it lest it should open a can of worms for both President Rajapaksa and PM Modi?

It is not difficult to get at the truth anent Ferdinando’s statement in question. He informed the COPE that he had told the President that the award of the contract for the wind power project was not under the purview of the CEB and it had to be handled by the Board of Investment; subsequently he had written to the Finance Ministry about what the President had told him and asked it to take follow-up action. This letter must be in the Finance Ministry if it has not been made to disappear.



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Editorial

Justice, politics and hypocrisy

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Wednesday 10th June, 2026

The Criminal Investigation Department (CID) gave in to pressure from protesters and took former State Intelligence Service Chief Maj. Gen. (retd.) Suresh Sallay, in custody, to hospital and allowed his family members and lawyers to visit him. If it had done so previously and respected Sallay’s rights as a suspect, without leaving any room for allegations of physical and psychological abuse of him and other such police excesses, there would have been no protests.

Spokesman for the Archdiocese of Colombo Rev. Fr. Cyril Gamini Fernando has urged politicians and political parties to act with restraint and refrain from disrupting the ongoing investigations into the Easter Sunday terror attacks. The issue of Sallay allegedly undergoing ill-treatment at the hands of the CID is best left to the judiciary, he is reported to have said at a media briefing. His concerns should be heeded.

Protesters have categorically stated that they are not opposing the ongoing investigations in any manner and their intention is to ensure that the CID will stop violating the rights of Sallay held in custody under the PTA (Prevention of Terrorism Act), on a detention order issued by President Anura Kumara Dissanayake, who is also the Minister of Defence.

In this country, governments tend to undermine all institutions including the judiciary. They are no respecters of the doctrine of the separation of powers. There have been political witch-hunts against even some Chief Justices. The J. R. Jayewardene government sought to remove Chief Justice Neville Samarakoon over a public speech made by him; the Mahinda Rajapaksa administration ousted Chief Justice Dr. Shirani Bandarnayake in 2013 in a highly questionable manner, and the Maithripala Sirisena government removed Chief Justice Mohan Peiris in breach of due process in 2015. Political parties, lawyers’ associations and the media have been compelled to defend judicial independence against a proposed government move to raise the retirement ages of the Superior Court judges arbitrarily to the detriment of the judges awaiting promotion. It was vehement protests by lawyers, the Opposition and the media that prevented the Rajapaksa-Wickremesinghe government from summoning some Supreme Court judges before the Parliamentary Privileges Committee over a ruling that went against the interests of that administration.

Thus, given the overbearing nature of governments intoxicated with power, the task of protecting human rights cannot be achieved through judicial interventions alone. The challenge becomes even more daunting when the Attorney General’s Department and the police act in concert to serve the political interests of the powers that be.

Those who unashamedly cheered as their political opponents were arrested and detained under the PTA during previous governments have taken up the cudgels for Sallay’s rights. Prominent among them are SLPP and UNP politicians. However, the fact that previous governments abused the PTA and suspects suffered at the hands of the CID cannot be cited in extenuation of the continuation of the abuse of the PTA and the ill-treatment of detainees, including Sallay. The JVP-NPP government came to power, promising to usher in a new political culture and restore the rule of law. That pledge must be fulfilled.

Partisan politics does not spare anything in this country. The JVP-NPP government stands accused of having politicised the Easter Sunday carnage probe by appointing two members of the NPP’s Retired Police Collective as the Public Security Secretary and the CID Director. Is the Police Department short of competent investigators to handle crucial probes?

It is hoped that justice will be served for the victims of the Easter Sunday tragedy without injustice being done to the suspects under investigation.

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Editorial

A tale of two govts.

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Tuesday 9th June, 2026

The UNP has taken exception to a comparison made by a website (Manthri.lk) between the initial stages of the UNP-led Yahapalana government under the presidency of Maithripala Sirisena (MS) and the incumbent JVP-NPP administration led by Anura Kumara Dissanayake (AKD) in terms of legislative activity. Both governments came to power by effectively harnessing anti-incumbency sentiments and promising good governance. At the six-month mark, the MS administration led in legislative activity, Manthri.lk has pointed out. It gazetted three times the number of bills, compared to the corresponding period during AKD presidency and had twice as many passed. However, at the nine-month mark the AKD presidency overtook in terms of bills that were passed. By the 18-month mark the score changed. The AKD government passed 12 more bills than the MS administration, according to Manthri.lk.

Arguing in an accusatory tone that the aforesaid comparison, which appears in a Manthri.lk article titled, “Run Rate of Passing Laws in Parliament”, is quantitative and not qualitative, the UNP has said that a number of progressive laws were passed during the Yahapalana government during the first 18 months of the MS government. It has said they include the 19th Amendment to the Constitution, the Right to Information Act, the National Medicines Regulatory Authority Act, and the National Minimum Wage of Workers Act, but the Dissanayake administration has not delivered reforms as such; it has only scrapped some entitlements of the ex-Presidents and former MPs. The UNP has apparently manufactured a grievance to lay out some progressive laws it was instrumental in passing during the Yahapalana. However, what the UNP has left unsaid is that AKD’s JVP was a Yahapalana partner in all but name and pressured that government to honour its promises. Curiously, after being ensconced in power, the JVP has not cared to fulfil its key election pledges.

An interesting picture emerges when the comparison between the initial stages of the two governments is extended beyond the new laws and legal amendments they introduced. What matters most is not the “run rate” or the score as such, but how the game was played, so to speak. These memorable lines from Henry Newbolt’s “Vitaï Lampada” come to mind: “And it’s not for the sake of a ribboned coat / Or the selfish hope of a season’s fame / But his Captain’s hand on his shoulder smote — ‘Play up! play up! and play the game!’” Unfortunately, the spirit of duty and self-sacrifice are not virtues cherished in Sri Lanka politics.

The Yahapalana government carried out a mega racket, the Treasury bond scam, shortly after its formation in 2015, severely denting its anti-corruption credentials. The JVP-NPP administration did likewise in January 2025, a few weeks after sweeping a general election and securing a two-thirds majority. A freight container scandal ruined its reputation; that was followed by a coal procurement scam. Driven by political expediency, both governments unashamedly embraced the very rotten political culture they had vowed to upend while out of power.

MS and AKD secured the executive presidency by pledging to abolish it. But they reneged on that promise after savouring power. MS embarked on his reelection campaign and sought to gain a boost for it from his war on drugs, but the Easter Sunday terror attacks ruined his chances of contesting another presidential election. AKD remains silent on his much-advertised pledge to do away with the executive presidency. His election manifesto, A Thriving Nation: A Beautiful Life, promises to introduce a new Constitution, abolish the executive presidency and ensure that a President without executive powers will be appointed by the parliament, but several government politicians have said AKD will seek a second term. The JVP/NPP has thus demonstrated that it also acts out of expediency and not principle. It is emulating its predecessors notorious for their Machiavellian approach to promises. A common denominator among all governments since 1994 has been the unfulfilled promise to abolish the executive presidency.

Most criticisms of the UNP-led Yahapalana government under MS presidency apply, mutatis mutandis, to the incumbent administration led by the JVP.

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Editorial

Probe Sallay’s complaint

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Monday 8th June, 2026

Former Director of the State Intelligence Service Maj. Gen. (retd.) Suresh Sallay, currently being detained at the Criminal Investigation Department (CID) over the Easter Sunday terror attacks, has begun a hunger strike in protest against alleged inhumane treatment by CID officers. His wife has complained to Inspector General of Police (IGP) Priyantha Weerasuriya about the conditions of detention. She has told the media that Sallay is determined to continue his hunger strike. The police have denied mistreating Sallay.

Sallay has suffered physical and psychological abuse, at the hands of the CID, according to his lawyers. One of his counsel, Udaya Gammanpila, told the media on Saturday that Sallay was even denied proper meals, and the previous night the CID had served a small portion of rice with some gravy on a piece of newspaper placed on the floor of his cell. That had prompted Sallay to launch the hunger strike, Gammanpila said. Curiously, a notorious drug dealer, Nadun Chintaka alias Harak Kata, was allowed to consume food from the CID canteen while being detained at the CID.

Sri Lanka’s overcrowded, squalid remand prisons are hellholes, and even a brief stay there amounts to punishment, as is public knowledge. The same goes for the detention or holding cells at the CID headquarters. Degrading interrogation practices, including psychological coercion and physical abuse, aimed at breaking a suspect’s will, are antithetical to international good practices followed by modern crime investigators in civilised societies. Unfortunately, some officers of Sri Lanka police have used such cruel methods with impunity under successive governments. One may recall that a high-ranking police officer found guilty of having violated a suspect’s fundamental rights and the ban on torture was appointed IGP. Deshabandu Tennakoon is his name.

Allegations made by Sallay through his lawyers and family members against the police remind us of the horrors of the Spanish Inquisition, Nazi Straflager (punishment camps), Gestapo interrogation centres, the CIA black sites and the Batalanda torture chamber. Hence the need to do away with the draconian Prevention of Terrorism Act, which allows suspects to be detained indefinitely and made to undergo untold suffering in the name of interrogation.

A very serious allegation frequently levelled against Sri Lanka police is that they make arrests, detain suspects, and conduct investigations to support political motives rather than to establish facts impartially. Justice and public trust in the legal and judicial processes become the victims of the partiality, if not servility, of the police and some of the Attorney General’s Department personnel to the powers that be and their deplorable efforts to support popular political narratives about crimes.

The integrity of the ongoing CID investigation into the Easter Sunday terror attacks is severely compromised, for the JVP-NPP government has elevated a member of the NPP’s Retired Police Collective (NPPRPC), Shani Abeysekera, as the CID Director to probe the Easter Sunday terror attacks, which the CID itself failed to prevent while he was serving as its Director in 2019, when the current Public Security Ministry Secretary Ravi Seneviratne, also a member of the NPPRPC, was the Senior DIG in charge of the CID. All those who failed to prevent the carnage in spite of repeated warnings of the impending bomb attacks must be brought to justice. President Anura Kumara Dissanayake has caused quite a stir by making predictions about judgements to be delivered in court cases against his political opponents and drawn heavy criticism from the Bar Association of Sri Lanka and other lawyers’ associations for trying to raise the retirement ages of the superior court judges arbitrarily. How can the current dispensation be expected to uphold the rule of law, justice and fair play?

The denial of a suspect’s right to be heard, with the prosecutors, given to rehearsed, performative courtroom presentations, making various allegations designed to generate headlines and please the powers that be, violates the principle of natural justice. Justice must be served for the Easter Sunday terror victims, but without injustice to suspects in custody.

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