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Midweek Review

A deal on ECT at the Colombo harbour

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By Shamindra Ferdinando

Sri Lanka Muslim Congress (SLMC) leader Rauff Hakeem, MP, recently told The Island that Sri Lanka had no option but to involve India in the development of the deep water facility, the East Container Terminal at the Colombo Port, which has been built to accommodate the largest container ships that ply around the world carrying as many as 16,000 containers (TEUs), like its competing Chinese-run Colombo International Container Terminal also in the more recently built and what is known as the Colombo South harbour.

The Samagi Jana Balavegaya (SJB) Kandy District lawmaker said so in response to the writer seeking an explanation as regards his stand on the issue at hand in the wake of his quite controversial statement on Derana ‘Wadapitiya’, anchored by Chathura Alwis.

In response to The Island assertion that the SLMC leader took a bold but factual stand on the matter and  responded: “Why beat around the bush? That is the truth.”

He hit the nail on the head, when Attorney-at-Law Hakeem declared that due to the Colombo harbour’s very heavy dependence on Indian transhipment cargo, there was no choice.

Having first entered Parliament in 1994 on the People’s Alliance (PA) National List, Hakeem took over the leadership of the SLMC soon after its founder leader M.H.M. Ashraff was killed in a helicopter crash in September 2000.

Amidst a simmering dispute over alleged Indian investment in the ECT that had engulfed the SLPP administration, Hakeem is the only lawmaker to publicly come out with the somewhat unpalatable truth that the bulk of Colombo port’s business come from Indian transhipment cargo. Hakeem, who has been in the PA, UPFA (United People’s Freedom Alliance) and the UNF (United National Front) governments as a Cabinet Minister didn’t mince his words and quite surprised the other participants, Wasantha Samarasinghe (former JVP MP and its current Anuradhapura District leader) and State Ministers, D.V. Chanaka (Hambantota District) and D.B. Herath (Kurunegala District).

Hakeem joined the programme after its commencement but lucidly explained his stand on a number of matters, including the simmering dispute over cremation of Muslim Covid-19 victims and the high profile ECT transaction. The SLMC group, within the 54-member SJB, consists of five lawmakers, including Hakeem. Hakeem recently suffered a severe setback when his four other MPs in Parliament voted for the SLPP’s 20th Amendment last October, while he alone from his party voted against it.

Besides the yahapalana regime, in which Hakeem’s SLMC was a full partner, had already muddied the Lankan waters by giving away the Hambantota Port to China on a 99-year lease. So it is only natural for New Delhi to have a foothold in Colombo with the ECT. Even our comrades, the JVP, though now making lots of noise over ECT going to the Adani Group of India, hardly murmured a word in protest when it was cavorting with the yahapalana regime at the time of the virtual sale of Hambantota to the Chinese.

The Kandy District MP, who had previously held the Ports and Shipping portfolios, said that the SLPA (Sri Lanka Ports Authority) owned JCT (Jaya Container Terminal) in addition to Unity Container Terminal. The SLMC leader emphasized the need to further develop JCT whereas CMPH (China Merchant Port Holdings) managed Colombo International Container Terminal (CICT) and Keells-led conglomerate owned South Asia Gateway Terminal (SAGT) conducted their operations successfully.

Amidst the simmering ECT issue, the former Minister declared that though some opposed foreign investment in such strategic projects, the country facing a daunting financial crisis had no option but to accept the Indian investment.

Ironically when the SLPA advertised the Colombo South Harbour for investment after it built its breakwater with a USD 300 million loan from the Asian Development Bank after the end of the war, India was not interested and for that matter no one else made any worthwhile offer other than the Chinese. However as in the case of Hambantota, New Delhi awakened to its value when the China Merchant Port Holdings singlehandedly bid and obtained the CICT berth on a 35-year Build, Operate and Transfer agreement after 2010, with the SLPA holding a mere 15 per cent stake in the venture.

Lawmaker Hakeem asserted that the situation here could be stabilized by Indian involvement in the expansion of the overall Colombo Port operations. The SJB constituent took up the position that the country was in such a desperate situation, the incumbent government couldn’t afford to antagonize India.

 

How Indian investments can stabilize Lanka

Hakeem took a very clear stand on ECT as well as overall foreign investment in the ports and shipping sectors. The former Ports Minister articulated that against the backdrop of foreign investment in SAGT, the first public private partnership container terminal in Sri Lanka and also CICT, there couldn’t be any issue with regard to the agreed Indian investment.

SAGT launched operations in 1999. According to the SAGT: “The Company is a Board of Investment flagship entity with approximately 60% of Sri Lankan shareholding, and is backed by John Keells Holdings, APM Terminals, SLPA and Peony investments (subsidiary of Evergreen Marine Corporation).”

State Minister Herath interrupted MP Hakeem to raise a question though the former ignored the SLPP politician.

Hakeem declared that under no circumstances he would say not to accept Indian investment though the final decision lies with the incumbent government. The former Shipping Minister made reference to current Ports and Shipping Minister Rohitha Abeygunawardena declaration that 49 per cent of the ECT ownership would be foreign and the remaining 51 owned by the government. SLPA holds just 15 per cent each of SAGT and CICT. The SAGT deal is for a 30-year period on BOT (Build Operate and Transfer basis) whereas the agreement on CICT covers 35 years.

Hakeem’s stand drew opposition from all other participants, including Chathura Alwis. However, Hakeem stood firm on his stand regardless of consequences. The SLMC leader asserted that Sri Lanka couldn’t turn a blind eye to the need to appease India. Declaring that Sri Lanka had appeased India before, Hakeem, turning towards Wasantha Samarasinghe emphasized the country should come to terms with the reality.

State Minister Chanaka asked Hakeem whether the previous yahapalana government entered into a MoC (Memorandum of Cooperation) with India in respect of the ECT. Hakeem however conveniently side-stepped the query, while JVPer Samarasinghe said that was finalized in May 2019.

After having been an active team player in the much muddied yahapalana rule, MP Hakeem however had the nerve to ridicule the incumbent government’s much touted ‘neutral’ foreign policy. “I haven’t the slightest idea what this government meant by neutral or balanced foreign policy. If we took a non-aligned stand, the public can clearly understand what the government intended. How one can balance the foreign policy,” MP Hakeem said.

 

Hakeem silent on inter-terminal transport crisis

Trade union leader Samarasinghe alleged that one-time Ports and Shipping Minister Hakeem conveniently failed to mention the crisis caused by what the JVPer called inter-terminal transport.

Samarasinghe alleged that the inter-terminal transport was in a mess. For want of sufficient space within the harbour area, vessels couldn’t be unloaded. Samarasinghe claimed that successive governments caused unprecedented deterioration due to giving the relevant contract to immensely politically influential people outside proper tender procedures.

MP Hakeem without hesitation acknowledged the crisis within the harbour, in addition to the simmering issue over the ECT.

State Minister Herath sought MP Hakeem’s opinion on the leasing of the Hambantota Port for a period of 99 years to CMPH in late July 2017. Having been a partner to that  pact, MP Hakeem naturally defended the agreement on Hambantota Port to the hilt. Hakeem had been a member of the Cabinet of the yahapalana government that finalized the controversial deal on the Hambantota Port. The then Ports and Shipping Minister Arjuna Ranatunga strongly opposed the deal. UNPer Ranatunga’s stance finally led to him being replaced by SLFPer Mahinda Samarasinghe. Ranatunga was replaced on May 22, 2017. The former national cricket Captain received the Petroleum Resources Development Ministry as a consolation prize.

Both the Minister and his brother, Dhammika objected to the deal whereas Vasudeva Nanayakkara on behalf of the Joint Opposition, moved the Supreme Court against the port transaction.

President Sirisena and Premier Wickremesinghe ensured the finalization of the controversial transaction following the delay caused by the opposition.

Panelist Samarasinghe asked Hakeem whether the yahapalana government used USD 1.2 bn received from CMPH to settle what we owed China. Warning Sri Lanka would run out of foreign reserves next year once debts were settled, MP Hakeem predicted an unprecedented financial crisis.

The SLMC leader asserted that except China all other countries were in deepening financial turmoil. The MP categorized Sri Lanka with Angola, Liberia and Lebanon. While acknowledging the economic deterioration started during the yahapalana administration, MP Hakeem faulted the incumbent government for not being able to tackle the situation.

Hakeem warned that unless the government and the Opposition worked together, the country would have to go down on its knees to international lenders as Sri Lanka had done before on many occasions. In spite of big boasts by some, those in power and others should be realistic and be aware of the challenges faced by the country. Hakeem predicted a massive tragedy. He expressed the view that against the backdrop of the incumbent government asking for foreign investments, it should be ready to consider investments in sectors preferred by those having the wherewithal. “We have to be realistic.”

Emphasizing the responsibility on the part of Sri Lanka to exploit the country’s strategic position in the East-West route on the Indian Ocean, the SLMC leader explained how the two strategic harbours in Colombo and Hambantota could be utilized.

Now that Sri Lanka had given controlling shares to one terminal at the Colombo harbour to China why not another to India, the SJB lawmaker asserted, demanding that Sri Lanka adopt a realistic approach as the country is desperately in need of foreign investment.

Subsequently, Hakeem suggested that the controlling shares of the ECT should be given to India, Japan though JVPer Samarasinghe insisted the SLPA could handle it. “With the installation of three gantry cranes, 400 m long ECT is in operation now. A further 800 m has to be built,” Samarasinghe said, asserting USD 400 mn investment was required. With the three cranes, ECT in op even now with the 440m already built, now had to build 800 m more, which required USD 400 mn.

Declaring the SAGT and CICT generated an annual income of USD 160 mn and 250 mn, respectively,

Samarasinghe asked why investors could not build a terminal in the remaining Western side. “It can be bigger than all existing facilities. Why do we have to give up lucrative ECT?”

Samarasinghe predicted in spite of claims that SLPA would receive 51 per cent and the investor 49 holding per cent, finally ECT, it too, was expected to be eventually shared in the proportion of 15 per cent to the SLPA and 85 per cent to the investor.

 

ECT aggravates Prez, PM dispute

The then President Maithripala Sirisena and Premier Ranil Wickremesinghe clashed over the ECT. The dispute caused rapid deterioration of yahapalana relationship in the run-up to the sacking of Wickremesinghe’s government on Oct 26, 2018. Wickremesinghe insisted on Indian investment whereas Sirisena rejected it. But, Wickremesinghe went ahead with the project regardless of the President’s intervention. Amidst deepening turmoil, Wickremesinghe brought in Japan into the picture.

On the instructions of Wickremesinghe, Sri Lanka, Japan and India signed a MoC on the ECT on May 28, 2019. According to an SLPA statement issued following the signing of the MoC, the GoSL through the SLPA retained 100% ownership of the ECT, while the Terminal Operatiing Company,  is jointly owned. Sri Lanka will hold a 51 per cent-stake in the project and the joint venture partners will retain 49%.

The ECT is positioned about 3 km away from the China-funded Colombo Port City on reclaimed land on Colombo’s sea front.

“Japan is likely to provide a 40-year soft loan with a 0.1 percent interest rate,” The Hindu quoted Sudarshana Gunawardana, Director of Development Communications at the Prime Minister’s office as having said. The SLPA then termed the “envisaged Japanese loan” as “one of the best loan terms Sri Lanka has obtained”.

What is not yet clear is whether the incumbent government intends to go ahead with the MoC finalized by Wickremesinghe or change it.

 

JVP, SJB on ECT deal

The JVP played a significant role in paving the way for the disastrous Maithripala Sirisena presidency. The likes of trade unionist Samarasinghe have conveniently forgotten how the JVP backed UNP’s presidential candidate Sirisena, the longstanding General Secretary of the SLFP. Having installed Sirisena, the UNP-led coalition comprising one-time LTTE mouthpiece Tamil National Alliance (TNA), the JVP, the SLMC pursued an agenda of its own. One shouldn’t be surprised by lawmaker Hakeem standing as a UNP breakaway faction the SJB still followed UNP strategies though Wickremesinghe obviously had no say in its affairs.

Chief Opposition Whip Lakshman Kiriella’s recent declaration that the government should take advantage of the constitution making process undertaken by the previous yahapalana government is a case in point.

Lawmakers Kirieilla and JVP leader Anura Kumara Dissanayake recently flayed the government over the decision to involve India’s biggest ports and logistic company Adani Group in the operation. Adani Ports and Special Economic Zone Limited seems to be confident of overcoming the obstacles. The project that had been delayed due to labour protests launched ahead of the last parliamentary polls in August drew stepped up condemnation of the SJB and the JVP.

It would be pertinent to ask whether the SJB and the JVP opposed only the involvement of Adani Group in the ECT development or disputed the MoC finalized in May 2019 in the run-up to Nov 2019 presidential polls by the previous regime, in which JVP and present day SJB members were partners?

SJB heavyweight Kiriella speculated whether the government intended to win over Indian Premier Narendra Modi by giving control of the ECT to billionaire Gautam Adani. Kiriella asserted that Sri Lanka couldn’t appease India by giving ECT to a close friend of Modi. Nothing can be further from the truth.

Obviously, the SJB hasn’t taken into consideration the roles played by India and Japan as well as Australia in the overall Indo-Pacific US strategy meant to counter the growing Chinese challenge. The US led coalition is still struggling to cope up with the vastly strengthened China relentlessly pursuing an anti- China policy.

 

A ‘Comprehensive Partnership’ with Japan

JVP leader Dissanayake is on record as having said that a director and a local shareholder of Shangri-La who had been involved with Viyathmaga, too, promoted the deal with Adani Group. The JVPer also alleged that the same person immensely benefited from recent government decisions to change import levies on sugar and coconut oil.

 

Outgoing US Secretary of State Mike Pompeo’s recent visit to New Delhi and Colombo highlighted their strategy. There is no doubt the Adani Group’s move on the ECT had been approved by the highest level of political leadership and the talk of Sri Lanka trying to appease India by involving Gautam Adani is nothing but bunkum.

The public should not forget the then Premier Wickremesinghe entered into a ‘Comprehensive Partnership’ with Japan in early Oct, 2015. In the following year on Oct 09, the training squadron of the Japanese Maritime Self Defence Force (JMSDF) was in Colombo to underscore the strengthening of the partnership. The writer had an opportunity to visit JS Kashima on the invitation of the Japanese Embassy in Colombo. Asked for a clarification as regards growing Japanese military role in Asia in support of the US as well as joint military cooperation among the US, Japan and India in response to the Chinese Challenge, Commanding Officer of the squadron Rear Admiral Hidetoshi Iwasaki explained the circumstances under which the Japanese forces could be deployed overseas along with the US.

Sri Lanka-Japan ‘Comprehensive Partnership’ should be examined taking into consideration three agreements sought by the US, the ACSA (Acquisition and Cross Servicing Agreement finalized in early August 2017), stalled MCC (Millennium Challenge Corporation) Compact and SOFA (Status of Forces) agreement. The recent US declaration that Sri Lanka wouldn’t be accommodated in the MCC Compact is unlikely to be the end of the US efforts to bring Sri Lanka under its control.

 As part of overall Western strategy, the US seeks a government receptive in Colombo. The US wants to deny China access to Sri Lanka. The US made an abortive bid to install the then General Sarath Fonseka as the President in January 2010. However, the US project succeeded at the January 2015 presidential election. The Sirisena-Wickremesinghe regime initially took a hardline stand on China. Some members of that administration responsible for Treasury bond scams in Feb 2015 and March 2016 alleged corruption couldn’t be tackled here unless Chinese investments were drastically pruned. Having accused China of promoting corruption here, the yahapalana administration ended up handing over the Hambantota Port on a 99-year lease to China.

In the run-up to the July 2017 Hambantota Port deal, former President Mahinda Rajapaksa accompanied by ex-External Affairs Minister and Chairman of the SLPP Prof. G.L. Peiris visited Beijing where the issue was discussed. During the weeklong visit in late 2016, they also visited Southern China. They urged the Chinese to stick to the original Hambantota development project to avert possible protests. They suggested it would be better to utilize 750 acres as originally planned. This suggestion was made against the backdrop of the then Development Strategies and International Trade Minister Malik Samarawickrema’s revelation that the Chinese wanted 15,000 acres of land in the Hambantota district for large scale development projects. In the second week of January 2017, Wickremesinghe launched the Hambantota project in spite of President Sirisrena’s objections. Wickremesinghe ignored Sirisena’s claim that the agreement hadn’t been finalized yet. Having launched the Hambantota project, Wickremesinghe declared that negotiations were underway with India and Japan for the development of the strategic Trincomalee Port.

With US-China hostility on the rise, Sri Lanka shouldn’t expect breathing space from either party. A much weaker economy as a result of the rampaging corona epidemic when compared with the time Gotabaya Rajapaksa won the presidency in Nov 2019, should prompt Sri Lanka to adopt an austerity drive.

 Let that begin at the Parliament, dubbed the most corrupt institution in the country by no less a person than one-time Justice Minister Dr. Wijeyadasa Rajapaksa, PC.



Midweek Review

Govt. failure to fill top two courts’ vacancies leaves Judiciary in a conundrum

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Supreme Court of Sri Lanka

The ruling NPP is in a deepening dilemma over a hotly disputed move to extend the retirement age of superior courts judges. The party is also under heavy fire for delaying fresh appointments to the superior courts consisting of the Court of Appeal and Supreme Court. 

A section of the Opposition wants Speaker Dr. Jagath Wickremaratne to take up the inordinate delay in filling vacancies in the superior courts. The Bar Association of Sri Lanka, Colombo High Court lawyers, Lawyers Collective, as well as the Commonwealth Lawyers’ Union have criticised the government’s move.

By Shamindra Ferdinando

Sri Lanka Muslim Congress (SLMC) leader Rauff Hakeem, MP, recently expressed concern over the alleged way Balachandran Prabhakaran, 12-year-old son of LTTE leader Velupillai Prabhakaran was killed, in cold blood, on 19 May, 2009.

A section of the Tamil media highlighted Kandy District lawmaker Hakeem’s comments regarding the alleged way Balachandran, the youngest of the three children of Tiger Supremo, met his end. Prabhakaran himself was also killed on the same day.

What prompted MP Hakeem to raise a contentious but now largely forgotten issue! Both the Sinhala and English print and electronic media failed to report the SLMC leader’s comments. Some questioned the purpose in lawmaker Hakeem raising Balachandran’s death. Some even suggested a Tamil Diaspora hand in Hakeem’s unexpected interest in Balachandran’s death.

The Island obtained the video, released by the Parliament, of the SLMC leader’s 10-minute speech, delivered on 10 June. Reference to Balachandran’s killing had been made towards the tail end of his fiery speech that primarily dealt with President Anura Kumara Dissanayake’s continuing failure to fill existing vacancies in the Court of Appeal and the Supreme Court.

The deliberate and utterly contemptible holding up of judicial promotions, for whatever reasons, cannot be discussed without examining a disputed bid to introduce an amendment to the Constitution to increase the retirement age of the Judges of the Court of Appeal and the Supreme Court.

President Anura Kumara Dissanayake, the leader of two registered political parties, namely the Janatha Vimukthi Peramuna (JVP) and the National People’s Power (NPP), seems to be on a collision course with the Opposition. With a commanding 159 MPs in Parliament, meaning a 2/3 majority, Dissanayake can easily introduce the required amendment, regardless of protests. But, the electorate won’t like that dictatorial attitude. Those who exercised their franchise for Dissanayake and the NPP at the September 2024 and November 2024 national polls, respectively, wouldn’t expect them to adopt, what can be safely described as, a dogmatic approach.

Attorney-at-law and one-time Justice Minister Rauff Hakeem castigated the President and the ruling party, ahead of the joint Opposition action, to pressure the President to fill the vacancies. Their appeal to Speaker Dr. Jagath Wickremaratne in this regard can be also interpreted as a collective opposition to the proposed amendment to increase the retirement age of judges.

The SLMC group in Parliament consists of five MPs. Of them, three had been elected under the SLMC symbol (two elected and one on the National List) and two through the Samagi Jana Balawegaya (SJB), one of them on the latter’s National List.

Lawmaker Hakeem, who had served the Parliament for over 30 years, at the onset of his speech, questioned the sudden decision to bring in regulation to compel exporters to convert their export proceeds into USD. The SLMCer declared that such panic action was taken by the government in view of the rapid deterioration of the Rupee against the USD.

Commenting on the extension of the Emergency continuously, MP Hakeem alleged that it was done for the NPP’s own parochial purposes and the Opposition expected the government to discontinue the practice.

Then he dealt with the alleged move to extend the retirement age of top judges. Referring to Chief Government Whip Dr. Nalinda Jayatissa’s shameless declaration that the issue hadn’t been even discussed among the government. The ex-justice Minister, however, disputed Jayatissa’s claim made at the post-Cabinet media briefing, while highlighting the statements issued by the Bar Association, Colombo High Court Lawyers’ Association. In addition, the Lawyers’ Collective and the Commonwealth Lawyers’ Association strongly opposed the alleged move. In spite of the Cabinet spokesman’s denial, Justice Minister and Attorney-at-Law Harshana Nanayakkara, in his comments on the issue, indicated that the matter was under discussion. In fact, Nanayakkara mentioned a comparatively higher retirement age of top judges in other countries to support the NPP’s controversial and unnecessary move.

Obviously, the NPP is not talking in one voice.

Rauff takes a strong stand

Emphasising that he addressed the issue at hand as a member of the BASL, Hakeem pointed out that there were four vacancies, each in the Court of Appeal and the Supreme Court, for the past six months. The SLMC leader said: “The President has failed in his constitutional duty to nominate judges for promotion. From the High Court to the Court of Appeal and from the Court of Appeal to the Supreme Court. By denying the rights of the judges, undue pressure is being brought on them. What will happen? This very President, when he was in the Opposition, when the previous Presidents failed to gazette the names decided on by the Constitutional Council, he made a big protest. Several times he spoke about this very vociferously in the House. But, since becoming the President, he has not nominated any names. Very clearly, the 21 Amendment provision was made to prevent Presidents from delaying the decisions taken by the Constitutional Council. He is doing the reverse by not nominating anyone to the top two courts. This is much worse. As a consequence, even our fundamental rights are impacted. Because we as litigants or lawyers or public, our right for the expeditious disposal of cases is being impacted by the delay in appointing judges to the Superior Courts.

Moreover, you are frustrating the judges who served years in the judiciary. What happens to the minor judiciary and others? There are heavy concerns among the judiciary about extending the retirement age. That’ll block their path. That’ll deprive many suitably qualified individuals the right to get onto the bench or the superior bench. High court judges will now await their chances of being promoted. Undue pressure will be brought upon them.”

Hakeem alleged that the Constitution was being deliberately violated by the President. Having directed serious allegations at the President, Hakeem emphasised the responsibility on the part of the Speaker to take up this matter with the President on their behalf. Hakeem questioned as to why the President unduly delayed the promotions. The President’s deliberate failure has caused unnecessary frustration among the judicial ranks in the country and deprived those who served the judiciary of their due rights.”

Hakeem explained how even senior officers of the Attorney General’s Department had been affected by the President’s inaction. Those officials have been deprived of the opportunity to move onto one of the superior courts, Hakeem alleged, accusing the President of, what he called, deliberate inaction and a constitutional violation.

Then Hakeem made a very serious allegation. The ex-Justice Minister alleged that the NPP was delaying the process until a favoured person is eligible to get onto the bench, “You are picking and choosing people by that thereby undermining the judiciary.”

MP Hakeem also dealt with the vexed issue of the Prevention of Terrorism Act (PTA) that had been opposed by many political parties, civil society as well as organisations such as Amnesty International. The Sttorney-at-Law took up the issue in the wake of the controversial arrest of Maj. Gen. (retd.) Suresh Sallay, Director of the Directorate of Military Intelligence (DMI/2012-2016) and Director, State Intelligence Service/2019-2024) in terms of the PTA.

MP Hakeem chided the NPP for proposing to bring in a new anti-terrorism law, under a different title, to replace the existing PTA. Declaring that the new Act would be definitely far worse than the current law, the lawyer faulted the police and the Attorney General’s Department for abusing the PTA. The former Minister said so while alleging the continuous deterioration of the standards of the police and the Attorney General’s department, due to their dependence on the draconian PTA.

Killing of Balachandran

Referring to Tamil media reports regarding the new UK Channel 4 video that dealt with the killing of Prabhakaran’s 12-year-old son, lawmaker Hakeem discussed how the military dealt with the families of the LTTE leader and that of the JVP leader Rohana Wijeweera, killed on the night of 13 November, 1989.

Pointing out that Wijeweera who had been apprehended, along with his family, by the military, was killed, Hakeem stressed that the family members weren’t harmed. They lived under the protection of successive governments but in Prabhakaran’s case the situation was entirely differently.

Hakeem scorned the JVP/NPP government for conveniently forgetting its leaders, though an annual ceremony was held in Colombo in memory of those who perished during the insurgency. Hakeem said that even the daughter of Zahran Hashim, who led the 2019 Easter Sunday attacks, was spared. But, if Prabharatan’s daughter, Duwaraka, had been killed, as alleged, that should be investigated, Hakeem said. Hakeem ended his speech addressing the Parliament in Tamil.

Prabhakaran’s wife Mathivathani, too, had been killed during the final phase of the ground offensive. Prabhakaran’s eldest son, Charles Anthony, was killed in the Karayamullavaikkal area of the Mullaitivu district, the day before Prabhakaran, wife Mathivathani, daughter Duwaraka and younger son Balachandran were killed.

Acknowledging the SLMC leader’s right to rake up the controversy over the alleged manner the deaths of the LTTE leader and his family, while in government custody, took place. It would be pertinent to mention that Hakeem, in his capacity as the Justice Minister, from November, 2010, to December, 2014, could have pushed the Mahinda Rajapaksa government to inquire into the incident.

In fact, the writer once sought a meeting with the then Minister Hakeem to discuss accountability issues and the failure on the part of the government to address them. Although the Minister gave a patience hearing and acknowledged the urgent need to take remedial measures, the war-winning Rajapaksa government, instead of taking tangible measures, played politics. By late 2014, the SLMC switched its allegiance to the UNP-led coalition, formed with the US blessings to back the candidature of another political turncoat, Maithripala Sirisena, at the 2015 presidential election.

Hakeem received the Urban Development, Water Supply and Drainage portfolio in the succeeding Yahapalana government. The Tamil National Alliance (TNA), that had been an integral part of that alliance, served the Yahapalana interests well, though it refrained from accepting any Cabinet portfolio. The JVP, too, refrained from joining the Cabinet but their role in the Yahapalana operation is in the public domain.

The Yahapalana government betrayed the armed forces at the Geneva-based United Nations Human Rights Council (UNHRC), in October, 2015, but the extent of their treachery was highlighted two years later when that administration unceremoniously dismissed Lord Naseby’s revelations pertaining to the final phase of the war.

What made the SLMC leader Hakeem to compare three incidents – the killing of Wijeweera, and government protection for his family, in November, 1989; killing of Prabhakaran and his family on the banks of the Nanthikadal lagoon, in May, 2009; and the rescue of Zahran Hashim’s daughter, following the Sainthamaruthu blasts in April, 2019. Whatever the SLMC leader’s motive in highlighting the LTTE’s case now, the need for collective response on the part of the Parliament to address the concerns of the loved ones of those who engaged in terrorism cannot be overemphasised.

The circumstances of Prabhakaran, his wife and their daughter and youngest son remained mired in controversy. Like over 11,000 LTTE cadres, both men and women, including suicide cadres who surrendered to the advancing troops on multiple fronts, Prabhakaran and his family could have given themselves up to the Army on the Vanni front. They ignored that opportunity believing in a US operation to evacuate them.

Critically important combined stand

As mentioned by the SLMC leader during his 10 June speech in Parliament, a group of Opposition MPs handed over a letter expressing their concerns over the inordinate delay in filling the vacancies in the superior courts. Pointing out that the President, in his capacity as the Chairman of the Constitutional Council, had failed to fill those vacancies, the Opposition MPs stressed the responsibility on the part of the President to act in accordance with the provisions of the Constitution. They also reminded the Speaker that it would be his responsibility to protect the independence of the judiciary, which is an important part of the sovereignty of the people.

Kandy District MP Anuradha Jayaratne, represented the new Democratic Front (NDF) in the SJB-led effort, while NDF MP Ravi Karunanayake, too, joined, though he is in logger heads with the UNP over taking the National List slot won by the NDF at the last parliamentary election. Former President and UNP leader Ranil Wickremesinghe threw his weight behind the NDF, at the November, 2024, General Electio, but could not achieve the anticipated results. The NDF managed to secure just five seats, two of them National List slots.

All Ceylon Tamil Congress leader Gajendrakumar Ponnambalam, representing the Jaffna electoral district, signed the petition, along with the Sarvajana Balaya leader Dilith Jayaweera. Unfortunately, the SLPP hadn’t been part of that grouping. Responding to The Island queries, SLPP sources assured that though they didn’t sign the petition handed over to Speaker Wickremaratne, they wholeheartedly supported the initiative.

Whatever efforts by political parties/governments in power to interfere with the judiciary should be opposed at every level. The Rajapaksas went to the extent of impeaching Chief Justice Dr. Shirani Bandaranayake and removing her under the most despicable circumstances. Belligerent Rajapaksas reacted, as expected, following the Supreme Court rulings, including one against the then SLFP/UPFA strongman Basil Rajapaksa.

The ruling UPFA directed a series of unsubstantiated allegations against her, including financial impropriety and interfering in legal cases. SJB MP Dayasiri Jayasekera recently made reference to the impeachment of Dr. Bandaranayake when he censured the NPP move to extend the retirement age of judges of the superior courts. MP Jayasekera questioned whether the NPP wanted to retain Chief Justice Preethi Padman Surasena beyond the stipulated retirement age.

Although there had been a spate of interventions, the 2013 impeachment of CJ 43 was undoubtedly the worst case ever and the appointment of former Attorney General Mohan Peiris as her successor made matters worse.

The UPFA hit back hard at Dr. Bandaranayake following unprecedented controversy over The Town and Country Planning (Amendment) Bill and Divi Neguma, gazetted in 2011 and 2012, respectively. The UPFA abandoned the first Bill and then amended the second to avoid a referendum and the required 2/3 approval. By then, the cocky UPFA had decided to impeach Dr. Bandaranayake who stood up to outright political intimidation.

Ranil Wickremesinghe, during his tenure as the President (July, 2022, to September, 2024) reacted angrily to the Supreme Court ruling that he, in his capacity as the Finance Minister and the Election Commission, violated voters’ rights by arbitrarily delaying the Local Government polls in 2023. Wickremesinghe had been also angered by his failure to secure Supreme Court endorsement for his bid to appoint Dehabandu Tennakoon as the IGP in the run-up to the 2024 Presidential Election.

There had been so many other instances when the political party/coalition, in power, felt that the judiciary undermined its agenda. There cannot be better examples of the daunting challenge faced by the UPFA due to the Supreme Court stand during Dr. Bandaranayake’s tenure as the Chief Justice.

But post-Aragalaya period, no one expected President Dissanayake to pursue an agenda that compelled the BASL to issue hard hitting statements. Since May Day 2026, there had been two such statements from the BASL that should have triggered alarm bells. The NPP is obviously on the wrong path, believing that it can proceed with a 2/3 super majority unhindered in Parliament.

The first BASL statement dealt with President Dissanayake’s controversial May Day prediction of a court ruling in a high profile case. The second one responded to a move to extend superior court judges’ retirement age.

The government should rethink its strategy. With the national economy experiencing severe difficulties and the government under pressure to abolish fuel and electricity subsidies at the behest of the IMF, the NPP should concentrate on saving the economy instead of creating fresh issues that it cannot just brush aside just because of its steamroller majority in Parliament.

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Midweek Review

The Legacy Lost

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Gladdening was the sight at morn,

For the folk of the invisible village,

Of mirthful children trekking to school,

And refuge did they take in the thought,

That at least their young would be spared,

The crushing ordeals of tenant farming,

Since they would come by some erudition,

But our elders are now up against the truth,

That all is not well at the humble school,

Since even the morsel of education,

Painstakingly dished out there,

Comes with scary price tags attached;

Making dropping out the best thing to do.

 

By Lynn Ockersz

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Midweek Review

July 09: An inexcusable overall security failure and exceptional contingency plan

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A massive throng of people inside the President's House after mobs forced Gotabaya Rajapaksa to flee on 09 July, 2022

Ulugetenne

The Sri Lanka Navy, on 04 June, commissioned SLNS Samudravijaya, formerly United States Coast Guard Cutter Decisive. It is the fourth mothballed US Coast Guard cutter transferred to the SLN through the US Excess Defence Articles Programme. President Anura Kumara Dissanayake attended the ceremony at the Colombo Port. The US Embassy in Colombo, in a statement issued on the same day, quoted Defence Attaché Lieutenant Colonel Matthew House as having said: “Few partners have demonstrated the commitment to maintaining and operating these vessels as successfully as the Sri Lanka Navy. The outstanding condition and operational performance of SLNS Samudura, SLNS Gajabahu, and SLNS Vijayabahu are a testament to the professionalism and technical expertise of Sri Lankan sailors. Their stewardship of these vessels helped build the confidence that made this fourth transfer possible.” The first of the four vessels SLNS Samudura was commissioned on 19 February, 2005, during Chandrika Bandaranaike Kumaratunga’s tenure as the President. Milinda Moragoda, Economic Reforms and Science and Technology Minister of the previous UNP-led UNF government, played a significant role in acquiring that vessel. SLNS Samudura boosted SLN and participated in numerous operations, including the high profile hunt for LTTE floating warehouses, during the Eelam War IV. But, the US refrained from transferring any more big ships during the war though on the then Navy Commander Vice Admiral Wsantha Karannagoda’s request to provide intelligence and Washington obliging, made the successful hunt for LTTE floating arsenals in the last stages of the war possible. The transfer of the second vessel took place 19 years after the end of the war. Ex USCG Sherman was commissioned 06 June, 2019, as SLNS Gajabahu (P626). The third vessel was transferred to the Sri Lanka Navy on October 26, 2021, as the country was heading towards an unprecedented economic crisis. That vessel was commissioned as SLNS Vijayabahu at the Colombo Port with the participation of President Ranil Wickramasinghe and US Ambassador to Sri Lanka Julie Chung on November 20, 2022. Ironically SLNS Gajabahu, one of the ex-US vessels prominently figured in the contingency plan to save President Gotabaya Rajapaksa, but whose downfall was engineered by the US.

By Shamindra Ferdinando

The moment President Gotabaya Rajapaksa decided to take up residence at the President’s House (Janadhipathi Mandiraya), Fort, in the first week of April, 2022, the Navy had no option but to prepare a thorough contingency plan, in case the regime change project posed a realistic threat to the life of the President.

The President, in consultation with senior military officers, made his move within 48 hours after violence erupted outside his private residence at Pangiriwatte, Mirihana, on the night of 31 March, 2022. That decision seemed realistic and sensible at that time.

But, in the wake of the disastrous overall armed forces response to the coordinated violence unleashed by the regime change project on 09 May, 2022, in the aftermath of the Temple Trees ordered attack on Galle Face protesters, the top brass must have recognised the urgent need for total overhauling of security strategy. But, unfortunately, that hadn’t been the case. With violent crowds overwhelming the armed forces, deployed to block them, rapidly approaching the President’s House, those who had been at the makeshift Operations Room there were stunned.

In hindsight, the President’s decision to remain at the President’s House, regardless of the near failure on the part of the armed forces to repulse the raid on Temple Trees, on 09 May, seemed unwise. The rescue operation could have gone wrong and the war-winning President Mahinda Rajapaksa could have ended up in the hands of an angry mob.

Perhaps, the conspirators envisaged the President’s move, from Pangiriwatte to the President’s House, situated walking distance away from the Galle Face protest site, where they could draw additional strength.

The failure on the part of the government to take tangible measures, in the wake of the President’s House becoming the sole target on that fateful day, is a contentious issue that needs to be properly investigated. Don’t forget that the court case filed over the 09 May attacks on the residences and properties belonging to SLPP politicians, and some supporters ,was later withdrawn. The Wickremesinghe-Rajapaksa government never investigated the 09 May incidents.

Exactly two months after the mobs almost succeeded in breaking through defences at Temple Trees, on the night of 09 May/10, where Prime Minister Mahinda Rajapaksa was residing, they mounted the assault on the President’s House.

In the wake of the 09 May mayhem, President Gotabaya Rajapaksa named Lt. Gen. Vikum Liyanage as the Commander of the Army. He succeeded General Shavendra Silva who served as the CDS but was out of the country when all-out mayhem was unleashed by the Aragalaya mobs on 09 July, 2022, to oust the sitting government.

In spite of a direct and growing threat to the President’s House, on 09 July, 2022, the President felt confident in meeting the challenge. The President issued a directive to the Secretary, Ministry of Defence, General (retd.) Kamal Gunaratne, to shift the Operations Room from the Defence Force Headquarters, at Akuregoda, to the President’s House. Having shifted the Operations Room on 08 July, 2022, to the President’s House, as directed by the President, the top brass prepared to face the challenge.

Maj. General K.B. Egodawela, who served as an Additional Secretary (Administration) to the President, from the day the President moved to the President’s House, till he vacated on 09 July, 2022, in his memoirs ‘Aragalaya: Adarayen Prachandathwayata’ (From Love to Violence) revealed that though the top brass opposed the shifting of the Operations Room they carried out the directive. While the President felt that the top brass could collectively work at the President’s House to bring the situation under control, Gen Gunaratne proposed that the President should move to Akuregoda Defence Forces Headquarters, according to Egodawela. In fact, Gunaratne, who had been with Gotabaya Rajapaksa from the very beginning of the sinister campaign, strongly opposed the President’s decision to remain there.

Obviously, the President’s House pathetically failed to ascertain the scale of the protest and the rapidity with which protesters overwhelmed troops deployed outside the President’s House stunned the top brass. Had they swiftly reached consensus on Gen. Gunaratne’s suggestion, perhaps the 09 July regime change operation could have been thwarted. The armed forces could have resorted to tougher measures to prevent a march on Akuregoda Defence Forces Headquarters had the President agreed to move there.

Within two hours after the protest, targeting the President’s House began, video footage provided by drones indicated that troops couldn’t hold the rampaging mobs any longer. According to Egodawela, the top brass had been prepared to remove the President, even without his consent, by landing a helicopter in the Colombo harbor or by ship. Finally, they resorted to the second option. As the President and First Lady Ayoma got into a vehicle and took the rear exit into the adjoining former Navy Headquarters, mobs entered the President’s House. Another vehicle carrying several other persons followed.

The then Navy Commander Vice Admiral Nishantha Ulugetenne who had been with the President at the President’s House got into the vehicle carrying the President. Had they stayed at the President’s House for 10 more minutes, the consequences could have been devastating. https://island.lk/gotabayas-escape-from-aragalaya-mob-in-rti-spotlight/

Egodawela, who had been with the President from the very beginning of the presidential term, alleged that the raiders planned to kill the President and several others and display their bodies. The author quoted an unidentified intelligence officer as having told him that the raiders wanted to display the bodies the way LTTE leader Velupillai Prabhakaran’s body was shown.

Perhaps shifting the Operations Room from Akuregoda Defence Force Headquarters to the President’s House had been a risky move that, in a way, facilitated the regime change operation. The rationale in bringing those who had been tasked with countering the impending threat to one place (President’s House) to be with the target (Gotabaya Rajapaksa) seems unbelievably a dicey move. The President had been influenced by what he described as inordinate and unforgivable delay on the part of the Akuregoda Operations Room to carry out timely evacuation of Prime Minister Mahinda Rajapaksa on the night of 09 May from Temple Trees. Most probably, the President wanted to oversee the 09 July counter operation personally. But, in hindsight, the decision to shift the Operations Room from Akuregoda to the President’s House obviously hadn’t been a clever move.

SLN preparations

When mobs threatened to overwhelm the President’s security at Pangiriwattta, on 31 March, additional police and STF contingents were brought in. They were followed by the Navy and Air Force. The Army arrived at the scene, subsequently.

As pointed out by the President himself, the situation at Temple Trees, on 09 May, had been far worse and the combined police and armed forces response revealed that they hadn’t taken precautionary/counter measures, even after the Pangiriwatta fiasco.

At the time of the incidents, the overall Temple Trees security deployment included about 60 elite Special Boat Squadron (SBS) personnel deployed within the premises and were supplemented by seven SLN platoons. The Army also moved in to strengthen Temple Trees defences but the mobs pressed on till troops fired blank ammunition.

The top brass, directing counter measures from Akuregoda Defence Force Headquarters, had to act swiftly and decisively to evacuate those at the Temple Trees or face the consequences. As there hadn’t been any other alternative place of living proposed, Prime Minister Mahinda Rajapaksa, wife Shiranthi and their eldest son Namal were escorted to nearby former Air Force Headquarters and from there flown to the Trincomalee Navy base. VA Ulugetenne, over the phone, issued instructions to the relevant officer in Trincomalee to make arrangements as two helicopters carrying the group took off from the helipad on the top of the former Air Force Headquarters. The helicopters departed around 04 in the morning.

They had stayed at Trincomalee Navy House for about a week and, as requested by the Navy, paid for their stay because by then Mahinda Rajapaksa had resigned. Perhaps, they could have taken refuge at the Panagoda Army cantonment or at Saliyapura, home to the Gajaba Regiment, but, at the end, sought the protection at the Trincomalee Navy base.

Ironically, President Gotabaya Rajapaksa, too, had to take refuge at the Trincomalee Navy base, exactly two months later. Ever since the President moved into the President’s House, Fort, the Navy had been on their toes to meet any eventuality. The daunting task of arranging evacuation by sea fell on the shoulders of VA Ulugetenne, who, meticulously, planned the operation with his staff.

Having informed the President of the contingency plans, VA Ulugetenne stationed two Advanced Offshore Patrol Vessels (AOPVs), namely SLNS Sindurala and SLNS Gajabahu and four Fast Attack Craft (FACs), at the Colombo Port. It would be pertinent to mention that SLNS Sindurala, built at the Goa shipyard, in terms of an agreement signed at the tail end of the Mahinda Rajapaksa government, was adjudged the best vessel in the SLN fleet in 2022.

Additional SBS personnel and snipers, too, had been brought in to Colombo though none of them knew exactly what their task would be. The OPV and FAC crews most probably felt that they were awaiting orders for a major anti-drug operation in the high seas.

As the decision was made to evacuate the President and the First Lady, the Chief alerted the vessels and quickly deployed tugboats to pull SLNS Sindurala and, shortly thereafter, SLNS Gajabahu, formerly of the US Coast Guard, carrying the President and the First Lady. By the time the two AOPVs moved in different directions, on the instructions of VA Ulugetenne, the hand phones of SLNS Gajabahu crew were collected to prevent them from revealing what was happening. Along with the AOPVs, two pairs of FACs had moved out to sea. (https://island.lk/ranil-reveals-bid-to-get-rid-of-him-while-gr-was-fleeing-to-trinco-on-board-slns-gajabahu/)

Nearly 12-hour journey to Trinco

The SLNS Gajabahu, formerly of the US Coast Guard, had a crew consisting of over 100 officers and men. Someone, most probably a port employee, posted a short clip of some unidentified persons taking large travelling bags into the ship but the President, First Lady and VA Ulugetenne going in were never captured on a camera.

As the vessel began its journey towards Trincomalee, it remained approximately 12 nautical miles from land and the President received many calls, some of which weren’t answered. VA Ulugetenne, too, received quite a number of calls. Those familiar with the developments at that time said that some felt that SLNS Gajabahu should move out of Sri Lankan waters. There had been suggestions that the destination should be the Maldives, India or Singapore. Regardless of such suggestions, SLNS Gajabahu proceeded towards Trincomalee where the Navy made necessary arrangements to host them.

Captain Marlon Perera, who still serves the Navy, had been the Commanding Officer of the vessel. Perera now holds the Commodore rank.

During the journey precautions were taken to ensure the safety and security of the President and the First Lady. Although the crew hadn’t been aware that they would be entrusted with such a sensitive task at a time the country was in crossroads against the backdrop of an economic collapse and sovereign default, there were fears of the crew being affected by propaganda in support of regime change operation.

The attempt made by sailor Wijemuni Vijitha Rohana de Silva to cause harm to Indian Prime Minister Rajiv Gandhi, way back in July, 1987, underscored the necessity to take precautions during the Colombo-Trincomalee journey as the possibility of anti-Gotabaya campaign having an impact on at least some members of the ship crew couldn’t be ruled out.

On July 30, 1987, during a guard of honor in Colombo, the 21-year-old naval rating struck Gandhi on the shoulder and back with the butt of his rifle. Gandhi narrowly avoided the full impact of the blow by evasive ducking.

On the invitation of VA Ulugetenne, Gotabaya Rajapaksa attended all the formalities in respect of a visit undertaken by the President to the Trincomalee Navy base. The President participated in those formalities knowing that he couldn’t attend the commissioning parade that was scheduled to be held on 15 July, 2022. The Navy was not in a position to put off the commissioning parade hence the decision to invite Defence Secretary Gunaratne as the Chief Guest.

Ulugetenne retired from active naval service on 18 December, 2022, following a distinguished career, spanning over 37 years. He received the appointment as the 24th Commander of the Navy in July, 2020, just a couple of months after Gotabaya Rajapaksa’s election as the President.

Wickremesinghe, in his capacity as Gotabaya Rajapaksa’s successor, appointed Ulugetenne as Sri Lanka’s Ambassador to Cuba. The appointment was made in late 2023 and the retired Navy Chief presented his credentials to Cuban President Miguel Díaz-Canel on 13 February, 2024 (https://island.lk/from-fonseka-convictions-to-arrest-of-ulugetenne/)

However, within weeks after the last presidential election held in late November, 2024, the NPP government recalled over a dozen top envoys appointed by the previous administration. Admiral Ulugetenne was among them. The government deprived a decorated officer, who had served the country for nearly four decades, from completing his term in Havana. Within months after his return, he became the target of a murder investigation.

Then out of the blue the retired Navy Chief became the focus of a murder investigation, that, too, post-war. The Criminal Investigation Department (CID) arrested him on 28 July, 2025, over the disappearance of a person reported in July, 2020.

Kurunegala High Court Judge Tikiri Jayatilleke, on 14 October, 2025, granted him bail. Jayatilleke declared that the CID acted in an illegal manner in respect of the former Navy Commander. His counsel Kalinga Indatissa, PC, alleged in court that his client had been apprehended only on the basis of an ex-LTTE cadre’s allegation in the absence of any evidence

The next hearing is scheduled for 08 July, 2026. Ulugetenne was held at the Kegalle Prison for four days and then transferred to the Dumbara (Pallekale) Prison. Altogether, he was in prison for 80 days, like a common criminal, despite him being a former Navy Commander with an unblemished career record.

Wartime Chief of Naval Intelligence, Rear Admiral (retd) Sarath Mohotti, who had been also arrested in connection with the same investigation, was also granted bail, a few weeks later.

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