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AG suspends consultations with public officers in areas under corona curfew

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… countrywide curfew unlikely as Year 5 Scholarship and GCE AL exams on

By Shamindra Ferdinando

Attorney General Dappula de Livera, PC, has directed that his officers refrain from dealing with government servants and police officers currently serving in areas where a curfew has been imposed to curb the spread of COVID-19

The Attorney General’s Office yesterday (9) afternoon announced the unprecedented measure as the government battled what a section of the media called the Brandix cluster.

Coordinating Officer to AG de Livera, Attorney-at-law Nishara Jayaratne told The Island officers would refrain from consultations as a precautionary measure. Since a 39-year-old female employee of Brandix garment manufacturing facility reported positive last Sunday (4), police headquarters imposed curfew in Gampaha, Ganemulla, Kiridiwela, Dompe, Malwathuhiripitiya, Mirigama, Nittambuwa, Pugoda, Veyangoda, Minuwangoda, Weeragula, Weliweriya, Pallewela, Yakkala, Ja-ela, Kandana, Divulapitiya and Seeduwa.

There is a likelihood of the AG extending the suspension in case police headquarters brought more areas under curfew.

So far, the health ministry had reported nearly 1,100 positive cases whereas several thousands were quarantined in military run facilities, hotels as well as in their own homes.

Well informed sources told The Island a substantial number of Brandix workers had been affected by the time the first detection was made. Therefore, an inquiry was needed as over1,000 couldn’t have been affected under any circumstances within four or five days, sources said.

Responding to another query, sources emphasized that random tests conducted on those having flu led to the first detection over the last weekend. If not for the chance detection, the situation would have been far worse, sources said.

Health Minister Pavitra Wanniarachchi told the first media briefing following the ‘Brandix eruption’ last Sunday (4) that government health sector made the chance detection. Her statement contradicted the first Brandix statement that the detection was made by them.

The Attorney’s General announced restrictions in the wake of the entire police contingent deployed at the Munuwangoda police being quarantined after a food supplier to the station tested corona positive. Minuwangoda police station didn’t function on Thursday.

 Sources pointed out that the Brandix eruption had taken place days before the chance detection. This was proved by the food supplier to the Minuwangoda police station being infected by his son, an employee at the Brandix facility, sources said. They said that Brandix workers had been tested positive in many districts, including Jaffna, outside Gampaha as they were allowed to go on leave until the chance detection was made over the last weekend.

Police spokesman and attorney-at-law DIG Ajith Rohana yesterday said that there had been 85 personnel there at the time the food supplier tested positive. “We moved there 80 new officers and men to resume operations. In addition to personnel who had been brought from police stations within the Gampaha Division, men were called from police training facilities at Kalutara, Nikaweratiya, Boralanda, Elpitiya, Pahalagama and Kundasale,” DIG Rohana said. Those who had been previously at the Minuwangoda station were in the process of undergoing RT PCR tests, the police spokesman said.

Earlier, the Army decided to postpone the Army Day parade at the Galle Face due to the Corona outbreak.

Meanwhile, Ceylon Teachers’ Service Union, in a letter to Education Minister Prof. G.L. Peiris yesterday urged the government to take maximum possible precautions to ensure the safety of those sitting the Year Five Scholarship Examination scheduled to be held on Oct 11 and the GCE Advanced Level from Oct 12 to Nov 16 due to corona threat.

Sources said that contrary to claims that the government was to declare countrywide curfew in view of the deteriorating situation, the decision to go ahead with the Year 5 Scholarship Examination as well as resume the GCE Advanced Level as scheduled on Monday would prevent declaration of curfew.

 

 



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Gnanasara Thero absconding after SC ruling

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Ven. Galagoda Aththe Gnanasara Thero was not at his temple in Rajagiriya when prison officials visited the premises yesterday to take steps following the Supreme Court ruling that nullified the presidential pardon granted to him, police sources said.

Prison officials who visited the temple on Nawala Road, Rajagiriya, were reportedly informed by those present that the Thero’s whereabouts were unknown. The development comes a day after the Supreme Court declared former President Maithripala Sirisena’s 2019 pardon of Gnanasara Thero null and void.

The three-member Supreme Court bench comprising Justices Janak De Silva, Dr. Sobhitha Rajakaruna and Sampath B. Abayakoon held that the pardon was arbitrary, violated the public trust and principles of natural justice, and was made beyond the proper exercise of the President’s constitutional discretion.

The case arose from Gnanasara Thero’s conduct at the Homagama Magistrate’s Court in January 2016 during proceedings relating to the disappearance of journalist and political cartoonist Prageeth Eknaligoda.

The Court of Appeal convicted him on four counts of contempt of court in 2018 and imposed concurrent prison terms amounting to six years. He had served about nine months when Sirisena granted him a presidential pardon on May 23, 2019.

The Supreme Court found that although Article 34 empowers the President to grant pardons, that power is held in trust for the people and is subject to constitutional limitations and judicial review. The Court concluded that Sirisena had effectively acted on the recommendation of the Additional Secretary (Legal) without demonstrating that he had independently considered the relevant material.

Justice De Silva held that the pardon was “arbitrary”, violated public trust and the rules of natural justice, and was ultra vires the President’s powers. The Court consequently found that the decision violated the fundamental right to equality guaranteed by Article 12(1) of the Constitution.

The ruling effectively restores the legal position under the original conviction, leaving Gnanasara Thero without the benefit of the 2019 pardon. The Supreme Court also clarified that a pardon does not erase a conviction or sentence, but merely relieves an offender from serving the sentence to the extent specified in the pardon.

Gnanasara Thero, the General Secretary of the Bodu Bala Sena, had been convicted over his conduct during proceedings concerning the disappearance of Eknaligoda, who went missing in January 2010 and has not been located.

Sandhya Eknaligoda, Prageeth Eknaligoda’s wife, was among those who challenged the presidential pardon before the Supreme Court, alongside the Centre for Policy Alternatives and its Executive Director Dr. Paikiasothy Saravanamuttu.

The detailed account of the judgment indicates that the Court’s ruling primarily nullified the pardon and restored the legal effect of the original sentence, with the implementation of the sentence falling to the relevant authorities.

Police sources said that the Supreme Court, however, did not permanently close the door on executive clemency. It held that a future President could grant Gnanasara Thero another pardon, provided the power is exercised lawfully and after proper consideration of all relevant material.

The Supreme Court has so far overturned three presidential pardons granted to two former Presidents. In January 2024, the Court declared former President Gotabaya Rajapaksa’s pardon of former MP Duminda Silva unlawful and invalid. In June 2024, it invalidated two pardons granted by former President Maithripala Sirisena to Royal Park murder convict Jude Shramantha Anthony Jayamaha — the first in May 2016, which commuted his death sentence to life imprisonment, and the second in October 2019, which released him from prison. Jayamaha, who was convicted of the murder of 19-year-old Yvonne Johnson, remains at large. Most recently, on September 10, 2026, the Supreme Court declared Sirisena’s 2019 pardon of Ven. Galagoda Aththe Gnanasara Thero null and void, ruling that it was arbitrary and inconsistent with the Constitution.

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House to debate 22A, Judicature Bill next week

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Parliament is scheduled to debate the Twenty-Second Amendment to the Constitution Bill and the Judicature (Amendment) Bill on September 24 and 25, subject to the Speaker’s announcement following the delivery of the Supreme Court determination on petitions filed against the Bills.

The programme for the Parliamentary Week from September 22 to 25 was decided at a meeting of the Committee on Parliamentary Business held on Thursday (10) under the chairmanship of Speaker Dr. Jagath Wickramaratne.

On each sitting day, Parliamentary Business under Standing Orders 22(1) to 22(6) will be taken up from 9.30 am to 10 am, followed by Questions for Oral Answers from 10 am to 11 am Questions under Standing Order 27(2) will be taken up from 11 am to 11.30 am.

On Tuesday (22), the Orders published in Extraordinary Gazette No. 2497/37 under the Petroleum Resources Act and the Promotion of Export Agriculture (Amendment) Bill will be debated from 11.30 am to 5 pm.

The Tredso Development Foundation (Incorporation) Bill, a Private Member’s Bill, will then be taken up for Second Reading before being referred to the Legislative Standing Committee.

An Opposition motion at the Adjournment Time will follow.

On Wednesday (23), the Chartered Institute of Media Professionals of Sri Lanka Bill will be debated from 11.30 am to 5 pm, followed by Questions at the Adjournment Time.

The Second Reading debate on the 22nd Amendment Bill and the Judicature (Amendment) Bill is scheduled for 11.30 am to 7 pm on Thursday (24) and Friday (25).

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Wrong house targeted in underworld grenade attack: Two children killed

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Two children aged 11 and 17 were mistakenly killed and their 55-year-old father injured in an early morning hand grenade attack on Sirisangabo Mawatha on Friday. Police investigations later revealed that the attackers targeted the wrong house during an ongoing underworld clash.

Three police teams have been deployed to investigate the attack, which occurred at around 3 am.

According to police, a man who arrived near the house in a three-wheeler knocked on the front door before throwing a grenade into the premises and fleeing.

The victims were identified as 17-year-old Kasun Rashmika and 11-year-old Duminda Gihan. Their 56-year-old father, Nalin Thusantha Perera, was seriously injured and admitted to the Kalubowila Teaching Hospital.

Police said the injured man’s brother was allegedly a close associate of a drug trafficker known as ‘Sando’ and had also been accused of involvement in drug trafficking.

The brother lives in a house adjoining the one targeted in the attack, and police suspect the grenade may have been thrown at the wrong house.

Police are also investigating information that the attack was allegedly carried out at the direction of several overseas-based drug traffickers, identified as Pandithage Shantha Kumara alias ‘Kos Malli’, Samantha Perera alias ‘Chuwa Samantha’, ‘Kudu Avishka’ and ‘I.D.’

Police said the attack was believed to be linked to an ongoing conflict between two underworld factions, which have targeted each other’s associates in shootings and grenade attacks. More than 20 people have reportedly been killed in such attacks.

Security agencies are also investigating alleged links between one faction and overseas-based criminals including Kanjipani Imran, Unakuruwe Shantha, Dubai Gagana and Handaya.

Security agencies have also received information that overseas-based criminals identified as Kanjipani Imran, Unakuruwe Shantha, Dubai Gagana and Handaya are allegedly behind the supply of firearms and drugs to the faction associated with Kos Malli and Chuwa Samantha.

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