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AG urged to set up new mechanism to monitor HR violations
Sanjay Rajaratnam pays a courtesy call on PM Mahinda Rajapaksa yesterday (1)
The newly appointed Attorney General Sanjay Rajaratnam, PC, assumes duties at a critical time with the United Nations High Commissioner for Human Rights (UN-HCHR) having got the special mandate of the 46th session of the United Nations Human Rights Council (UN-HRC) in March this year to set up a special mechanism to monitor Sri Lanka’s alleged human rights violations and alleged war crimes during the final phase of the separatist war that ended in 2009, former PA National List MP M.M. Zuhair, PC says.
Zuhair, who served the AG’s department as a State Counsel and later as Senior State Counsel at a time it was comparatively smaller, said so in response to The Island query regarding the growing challenge on the human rights front.
Zuhair has sent us the following response to our queries: “The office of the Attorney General of Sri Lanka has a 137 year history, beginning from Sir Francis Fleming on 1st January 1884. The Attorney General carries with him unique responsibilities though the world outside sees him as exercising exclusive powers. He is the principal law officer of the State, legal adviser to the President of the Republic, the Speaker of Parliament and the executive, having specific Constitutional powers, duties and functions, advocate of the supremacy of the Constitution and the rule of law, having powers to initiate criminal proceedings and present indictments, the leader of the Bar with specified rights to be heard in all courts and defender of the State in civil proceedings. He is a member of the executive but functions independently of the executive in all legal matters, subject however to the jurisdiction of the Courts in specified issues.
The report of the High Commissioner for Human Rights has drawn special attention of the UN HRC to several significant matters relating to Sri Lanka. They include inter alia ‘reversal of Constitutional safeguards’, ‘majoritarian and exclusionary rhetoric, ‘new and exacerbated human rights concerns’, ‘impunity in emblematic cases’, etc. The UN HCHR has in the report taken a further step by requesting Member States, in addition to taking steps of referral of Sri Lanka to the International Criminal Court (ICC) to actively pursue “investigations and prosecution of international crimes committed by all parties in Sri Lanka before their own national courts, including under accepted principles of extraterritorial or universal jurisdiction” (emphasis mine).
The report also points out that “Member States can also apply targeted sanctions, such as asset freezes and travel bans against State officials and other actors credibly alleged to have committed or be responsible for grave human rights violations or abuses…” The addition of the two special procedures may be due to, the referral to ICC very likely being vetoed in the Security Council!
Another critical development is that a resolution is already before the United States Congress recommending the US to explore investigations and prosecutions pursuant to the recommendations of the UN HCHR. The proposed resolution is wide enough to pursue inter alia the two courses of actions referred to earlier at the Member State level of the US government. This would also encourage other traditional allies of the US to join hands with similar Member State level approvals, without recourse to any further UN HRC approval!
So the time has come for the new Attorney General Sanjay Rajaratnam PC to set up a special high level unit in the department to handle the man-made tsunami that will very likely rattle the country on the legal and economic fronts much sooner than the HRC process.
Amongst the matters in the UN HCHR’s list are the alleged “erosion of the judiciary and key institutions responsible for the promotion and protection of human rights; … policies that adversely affect the right to freedom of religion or belief; increased marginalization of persons belonging to the Tamil and Muslim communities; surveillance and intimidation of civil society; … arbitrary detentions”, etc.
Another matter is the need to address the undertaking given to repeal the Prevention of Terrorism (Temporary Provisions) Act (PTA) enacted in 1979 and replace same with a new law in line with accepted human rights norms. The controversial law itself provides for a maximum detention of 18 months, whereas a large number of persons arrested under the PTA over the Mawanella Buddha statue damaging case as well as over the Easter Sunday attacks have been kept in remand for over two years, in violation of the PTA’s maximum period of one and a half years, through a process arguably violative of the human rights of the suspects.
There are many persons in remand who could have been enlarged on bail with the consent of the Attorney General and against whom the alleged material is weak and insufficient for prosecution. There are still others who ought to have been discharged because they have had nothing to do with 21/4 attacks. The PTA provides in section 19, that the bail provisions of other written laws (excluding the Bail Act as provided in the Bail Act) will not be applicable only to persons convicted under the PTA. But suspects are not granted bail by Magistrates Court, in violation of the bail provisions in the Code of Criminal Procedure Act read with section 19 of the PTA itself, with Courts insisting on AG’s consent as required by another provision in the PTA, which is in conflict with section 19.
The UN HCHR could review likely human rights violations by the alleged unreasonable refusal of the Attorney General and the Courts to consent to bail in weak cases. These are areas that must be addressed forthwith by the Attorney General’s special unit to prevent officers and their families being adversely affected by Member States’ targeted actions, particularly because indictments are delayed, largely because of incomplete investigations!
Another matter that will require the immediate attention of the new Attorney General who counts over 34 years in the department is the continuing arrests of persons with alleged links to one suicide bomber or the other without any evidence of their being party to or in any way conspired, prepared, aided and/or abetted in the 21/4 attacks. Suicide bombers may have had links with persons of all communities for years before the Easter attacks. Those numbers can run into several thousands. But they do not become suspects in the 21/4 attacks by any legal yardstick merely because they had at some point crossed the future bombers. These arrests may be perceived as illegal arrests targeting the minorities.
The 48th Attorney General will certainly address the matters that come before him from the national interest perspective and not from any minoritarian angle! My interest is limited to securing justice within the rule of law for the country and for all its people.” (SF)
News
Gnanasara Thero absconding after SC ruling
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.
News
House to debate 22A, Judicature Bill next week
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).
News
Wrong house targeted in underworld grenade attack: Two children killed
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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