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Midweek Review

Aragalaya: Ranil faulted amidst an eye opening dissenting judgement

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Soon after Parliament elected him as President on 20 July, 2022, Wickremesinghe visited Parliament to thank the troops who thwarted the bid to take control of House.

Arjuna Obeysekere

Justice Arjuna Obeysekere, in his dissenting opinion, asserted that the legality of Emergency Regulations has been the primary target of petitioners. Based on the first impression; accepted as correct until proved otherwise, Obeyesekere declared that the Emergency Regulations were arbitrary but were not extended beyond 30 days and no individual has been prosecuted thereunder. Justice Obeyesekere assured that had any individual been affected by these Emergency Regulations, he wouldn’t have hesitated at all in examining the offending regulations.

There had been several court cases pertaining to unprecedented happenings and developments that ended up with democratically elected President Gotabaya Rajapaksa having to flee the country on 13 July, 2022, with mobs in hot pursuit, in the guise of angry, suffering civilians from the unprecedented economic crisis.

The Bar Association of Sri Lanka (BASL) was the first to move the Supreme Court against the economic crisis. The BASL filed two fundamental rights applications in the SC on 25 March, 2022, less than a week before the launch of Aragalaya, demanding the resignation of President Rajapaksa.

In spite of different descriptions regarding the launch of Aragalaya, the writer would like to consider the protest directed at President Rajapaksa’s private residence at Pangiriwatte, Mirihana, on the evening of 31 March, 2022, as the beginning of the sinister campaign by its architects here and abroad, especially the latter to bury the Rajapaksas, both politically and physically. One major reason for their resentment was the Rajapaksas relatonship with China. The Rajapaksa government obviously failed to recognise the developing threat, fuelled by destruction of public services as a result of the economic crisis.

Having judged the rapid deterioration of the economy, in the run-up to the Pangiriwatte protest, where well organised groups overwhelmed the police and the military, fundamental rights applications were filed by the then BASL President Saliya Pieris PC, Deputy President, Anura Meddegoda PC, Secretary, Rajeev Amarasuriya (incumbent BASL President), Treasurer Rajindh Perera, and Assistant Secretary Pasindu Silva.

The petitioners were represented by Dr. K. Kanag-lsvaran PC, Uditha Egalahewa PC, Suren Gnanaraj and Pulasthi Hewamanne, instructed by G.G. Arulpragasam.

Declaring that their fundamental rights, under Articles 11, 12(1), 13(4),14(1)(g),14(1)(h) and 14A of the Constitution, were being violated, or in imminent danger of infringement by the actions and/or inaction of the State, including the Attorney General, the Cabinet-of-Ministers, the Governor of the Central Bank, the Secretary to the Treasury, Secretaries to several Ministries, the Ceylon Electricity Board, the Ceylon Petroleum Corporation and the State Pharmaceutical Corporation.

They wanted the SC to direct the Cabinet-of-Ministers, and/ or any other respondents, to immediately consult all the relevant stakeholders and independent experts to formulate and implement an action plan to provide uninterrupted access to and to provide concessions in relation to the prices of essential goods and services to the people, including LP gas, fuel, electricity, milk powder, medicines and food.

Subsequently, BASL filed a motion requesting the SC to take up cases urgently. The BASL also amended the affidavit to categorise those who accepted Cabinet portfolios after the appointment of Ranil Wickremesinghe as the Premier on May 12, 2022, as respondents.

However, the BASL, in late October 2022, suspended the action taken against the Wickremesinghe-Rajapaksa administration. By then Wickremesinghe was in the process of taking tangible measures to improve the ground situation. When the writer sought an explanation from the BASL as to why the cases that had been filed over the deterioration of the economy had been suspended as the situation remained critical, BASL President Pieris said, on 02 November, 2022: “It was laid by not withdrawn. Our Counsel thought that at the moment there is nothing the court can do further. It can be revived again.” The BASL move eased pressure on the Wickremesinghe-Rajapaksa government.

Merril Gunaratne is perhaps the first and the only ex-law enforcement officer to warn President Rajapaksa’s government of the impending threat. Responding to The Island queries regarding the violent Pangiriwatte protests that overwhelmed the police and the military, as well as clashes at Rambukkana, on 19 April, Gunaratne asserted that the police should quickly adopt a contingency plan to meet large scale, often violent and simultaneous protests as the turmoil was unlikely to end soon. Gunaratne said so on 20 April, 2022 (Ex-top cop urges police to be prepared for any eventuality as protests also have political undertones, The Island, 21 April, 2022).

The Rajapaksa government didn’t heed Gunaratne’s advice. Instead, the government arrested the senior officer in charge of the Kegalle Division for ordering the police to open fire on a violent mob at Rambukkana. Gunaratne pointed out that the police resorted to firing, after about 15 hours, after protesters blocked both the railway line and major roads, via Rambukkana, the former with a lethal incendiary device in the form of a commandeered petrol bowser. Gunaratne underscored that though protests erupted on 31 March, 2022, and quickly spread to the provinces, the police refrained from firing till 19 April, 2022.

RW’s response

Wickremesinghe brazenly exploited Aragalaya to his advantage, and that of his political party, despite the UNP having been reduced to just one National List slot in Parliament at the previous general election, under his leadership.

Having fully backed a high profile ‘Gota-go-Home’ campaign, Wickremesinghe changed his strategy the moment he accepted the premiership of the Sri Lanka Podujana Peramuna (SLPP)-led government, on the invitation of President Rajapaksa. That was 12 May, 2022. For Wickremesinghe there was no turning back. With an eye on the presidency, Wickremesinghe pressed ahead with his strategy, in the wake of an utterly foolish decision, on the part of Temple Trees, to unleash UPFA goons on the Galle Face protesters on 09 May. Aragalaya had been fully prepared and geared to mount a counter attack on a scale that reduced the Rajapaksa government to a Pradeshiya Sabha, within 24 hours. The Temple Trees attack gave Aragalaya the opportunity to unleash countrywide violence on a scale that took the government by surprise.

Had someone in authority bothered to act on advice offered by ex-Senior DIG Gunaratne the government could have had a mechanism to respond to the overwhelming threat. But President Rajapaksa was insistent on not spilling any blood.

The way Aragalaya activists set ablaze Premier/Acting President Wickremesinghe’s private residence, at Kollupitiya, on the night of 09 July, must have influenced his decision to take specific measures to regain control of the situation the moment he received appointment as the 9th President.

The SLPP threw its weight behind Wickremesinghe, at the expense of their own Dullas Alahapperuma, who suffered a humiliating defeat in Parliament. Gotabaya Rajapaksa, in his widely read ‘Conspiracy to oust me from the presidency,’ justified the SLPP choosing Wickremesinghe to complete the remainder of his five-year term. The author asserted that only Wickremesinghe could have handled the developing situation at that time.

The SLPP move divided the party and led to its total ruination of the setup. From a commanding position in Parliament at the time where the SLPP had a staggering 145 members (2020 to 2024), the indomitable party is now reduced to just three members, including Namal Rajapaksa. The SLPP National Organiser had been so unsure of himself, he entered Parliament through the National List. Let us get back to Wickremesinghe’s strategy to consolidate his position soon after the Parliament elected him the President. The UNP leader obviously acted on the premise that political authority couldn’t be consolidated unless he cleared protesters from government buildings. Although, initially, some believed, and asserted, that Aragalaya would de-escalate soon after Wickremesinghe received the Premier appointment, it was not so. The SLPP failed to realise that Wickremesinghe wouldn’t be satisfied with merely completing Gotabaya Rajapaksa’s term but wanted to contest the next presidential election, with the backing of the then ruling plan. But first Wickremesinghe had to take full control of the situation. Within hours after taking oaths as the President, Wickremesinghe unleashed the military on Galle Face protesters, who rather strangely melted into thin air after having threatened to die for the country for a system change.

On the orders of the President, who is also the Commander-in-Chief of the armed forces, the military evicted Galle Face protesters on the night of 21 July, 2022. Wickremesinghe had the blessings of the top SLPP leadership to restore government control. Wickremesinghe appeared to have been prepared to face any eventuality when he ordered the July 21st night crackdown to end mob violence. The move surprised those who had hitherto considered Wickremesinghe as their man.

The US, Canada and the UK objected to Wickremesinghe’s actions.

SC faults Prez

Yasantha / Murdu

Nearly a dozen people challenged Wickremesinghe’s actions in the Supreme Court. The SC recently ruled that Wickremesinghe, in his capacity as Acting President, was wrong in declaring an emergency on 17 July, 2022, and ordered the Attorney General to issue instructions to future presidents on similar actions.

Justice Yasantha Kodagoda declared that the emergency declaration of 17 July, 2022, and regulations on 18 July, “are a nullity and are deemed to have never had the recognition of the law.”

“The Attorney General is directed to, within three (03) months from the date of this Judgment, incorporate the principles of law contained in this Judgment into a detailed legal advisory, and forward such advisory to the Office of His Excellency the President for necessary consideration,” Justice Kodagoda said.

“A copy of that advisory is to be filed on record in this Court”.

The outgoing Chief Justice Murdu Fernando agreed. That was her last ruling before retirement. But Justice Arjuna Obeyesekere dissented.

Before presenting Justice Obeyesekere’s opinion, let me identify the petitioners, namely former member of the Human Rights Commission Attorney-at-Law Ambika Sathkunanathan, Attorney-at-Law Wewala Pandithage Namini Thathprabha Panditha and Rusiru Tharinda Egodage (Liberal Youth Movement of Sri Lanka), Centre for Policy Alternatives (CPA) and its Executive Director Dr. Paikiasothy Saravanamuttu, Attorney-at-Law Atham Lebbe Aazath and LL.B. graduate and a student of the Sri Lanka Law College Laxmanan Sanjeev, and Head of Programmes at the Law and Society Trust T.M.P. Sandun Thudugala.

The Attorney General has been named a respondent in terms of Article 35(1) of the Constitution as at the time of filing fundamental rights petitions Wickremesinghe served as the President.

Petitioners challenged issuing a proclamation under section 2 of the Public Security Ordinance, No. 25 of 1947 (as amended) on a countrywide state of Emergency on 17th July, 2022. On the following day, Wickremesinghe promulgated Emergency Regulations under section 5 of that Ordinance. The Petitioners challenged both the issuance of the Proclamation and the promulgation of Emergency Regulations. Asserting that the situation on the ground didn’t require such a response, they considered the Acting President’s decisions an abuse of power.

Regardless of the petitioners’ assertion that the situation on the ground hadn’t warranted such a response, during hearing of the case, the Counsel, who appeared for the petitioners, agreed with the Deputy Solicitor General, appearing for the respondents, that on 19th July a large mob forcibly entered and occupied the Prime Minister’s Office, situated at Flower Road, Colombo 7.

It would be pertinent to mention that the Aragalaya mob murdered SLPP lawmaker Amarakeerthi Athukorale, and his police bodyguard, in broad daylight, at Nittambuwa, on 09 May, 2022, and the abortive bid to take control of Parliament on 13 July, 2022. The respondents asserted that the move against the Parliament was meant to prevent the proposed election of a President (SLPP backed Wickremesinghe, Dullas Alahapperuma sponsored by SJB, and NPP’s Anura Kumara Dissanayake, were in the fray) to complete Gotabaya Rajapaksa’s five-year term.

Although the SC ruling made no reference to the JVP/NPP, the role played by the JVP in that operation against the Parliament is all too well known.

Before thebpolice and the armed forces brought the situation under control, the Aragalaya activists had snatched two T-56 Chinese assault rifles, three magazines and 60 rounds of ammunition. Several police and military personnel suffered injuries.

Essentially, Wickremesinghe’s decision to declare a countrywide emergency should be considered, taking into consideration the incidents on 09 May, 09 July and 13 July 13. The SC was told that Wickremesinghe acted on the advice given by the IGP, Secretary to the Ministry of Defence and the Public Security Minister.

In the section headlined ‘Conclusions reached by Court regarding the factual scenario,’ Justice Kodagoda stated the following: “The events of 2022 referred to by both the Petitioners and the Respondents associated with the Aragalaya and in respect of which some amount of evidence has been placed before this Court are certainly unprecedented in the annals of the history of this country. Though there may be debate regarding the possible causes, motivating factors, socio-political dimensions, whether or not there was any external interference or involvement, justification, lawfulness or otherwise of the individual incidents that constituted the Aragalaya as well as the Aragalaya as a whole, identities of those involved both directly and indirectly, outcomes, immediate and long-term implications, etc., the events themselves have become part of the publicly known recent history of this country.”

A dissenting opinion

Justice Arjuna Obeyesekere, respectfully disagreed with the majority opinion that Wickremesinghe’s proclamation at issue is arbitrary, an abuse of power, illegal, and hence a violation of the fundamental rights of the People of this Country guaranteed by Article 12(1) of the Constitution. Justice Obeyesekere declared that his own evaluation of the situation and the relevant law led him to a different conclusion. Obeyesekere’s thought-provoking opinion is a must read for lawmakers and all those who are genuinely concerned about the circumstances President Gotabaya Rajapaksa was forced to flee the country on 13 July, 2022, and the then Speaker Mahinda Yapa Abeywardena’s confirmation of external intervention in Aragalaya on 21 March, 2024.

Why did Abeywardena wait or so long to make that disclosure? If the SLPPer hadn’t been subjected to a no-confidence motion by the Opposition for alleged violation of constitutional provisions as head of the Constitutional Council at the voting to approve the appointment of Deshabandu Tennakoon as the IGP.

Speaker Abeywardena inadvertently confirmed National Freedom Front (NFF) leader Wimal Weerawansa’s shocking claim of US intervention in Aragalaya made in March 2023. Writer Sena Thoradeniya, in his must read Galle Face Protest; Systems Change or Anarchy? launched a couple of months later explained the US role in overthrowing Gotabaya Rajapaksa.

Speaker Mahinda Yapa Abeywardena revealed in Parliament that he had been asked by some foreign powers to take over the executive presidency while the country was in crisis owing to the Aragalaya protests.

Abeywardena alleged that the objective of those who made that request was to create another Libya or Afghanistan here. They did not want to resolve the crisis or restore law and order to protect this country. Declaring that during Aragalaya, many parties had pressured him to accept the post of Executive President, Abeywardena claimed that there were both local and foreign forces. “I was asked to name a Prime Minister and Cabinet-of-Ministers and rule the country.

“However, I was determined to uphold democracy,” the Speaker said, adding that he was surprised to see some of those who asked him to become the President of the country had signed the no-faith motion against him.

In support of his dissenting opinion, Justice Obeyesekere referred to paragraph 47 of the majority decision. He pointed out that an extraordinary situation which had serious security implications existed in Sri Lanka at the time President Wickremesinghe declared a state of emergency on 18 July, 2022. The bid to surround Parliament on 13 July, 2022, may have caused the sabotage of the scheduled election in Parliament on 20 July, 2022, in terms of Article 40(1) (C) of the Constitution. Therefore, in the majority opinion, too, on the day President Wickremesinghe declared a countywide emergency, there was a serious situation involving a deterioration of law and order in the country.

Justice Obeysekere emphasised that once the President is satisfied that there existed a state of public emergency he could make the proclamation under Section 1. The justice declared that there was no need to choose between Section 2 of the Ordinance on the one hand, and inter alia Sections 12, 16 and 17 in Part III of the Ordinance on the other.

Having meticulously explained the basis on which he formed dissenting opinion, Justice Obeyesekere declared that the fundamental rights of the petitioners guaranteed by Article 12(1) have not been infringed by Wickremesinghe by making of the disputed proclamation. Obeyesekere dismissed all applications, without costs.

By Shamindra Ferdinando



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Midweek Review

Opp. MP’s hasty stand on US air strikes in Nigeria and Sri Lanka’s foreign policy dilemma

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Somaliland's President Abdirahman Abdullahi Mohamed (right), posing for a photograph with Israel's Foreign Minister Gideon Saar, at the Presidential Palace in Hargeisa (Pic released by the Somaliland Presidential Office on 06 January, 2026)

Israel’s recognition of Somaliland on 26 December, 2025, couldn’t have taken place without US approval. The establishment of full diplomatic ties with Somaliland, a breakaway part of Somalia, and Israeli Foreign Minister Gideon Saar’s visit to that country, drew swift criticism from Somalia, as well as others. Among those who had been upset were Türkiye, Saudi Arabia and the African Union.

The US-backed move in Africa didn’t receive public attention as did the raid on Venezuela. But, the Somaliland move is definitely part of the overall US global strategy to overwhelm, undermine and belittle Russia and China.

And on the other hand, the Somaliland move is a direct challenge to Türkiye, a NATO member that maintains a large military presence in Somalia, and to Yemen based Houthis who had disrupted Red Sea shipping, in support of Hamas, in the wake of Israeli retaliation over the 07 October, 2023, raid on the Jewish State, possibly out of sheer desperation of becoming a nonentity. The Israeli-US move in Africa should be examined taking into consideration the continuing onslaught on Gaza and attacks on Lebanon, Iran, Syria, Yemen, and Qatar.

Many an eyebrow was raised over Opposition MP Dr. Kavinda Jayawardana’s solo backing for the recent US air strikes in Nigeria.

The Gampaha District Samagi Jana Balawegaya (SJB) lawmaker handed over a letter to the US Embassy here last week applauding US President Donald Trump’s order to bomb Nigeria on Christmas Day. The letter was addressed to President Trump

( https://island.lk/kavinda-lauds-us-president-trumps-actions-to-protect-christians-in-nigeria/)

The former UNPer who had been in the forefront of a high-profile campaign demanding justice for the 2019 Easter Sunday terror victims, in an obvious solo exercise praised Trump for defending the Nigerian Christian community. The US bombing targeted Islamic State Terrorists (ISIS) operating in that country’s northwest, where Muslims predominate.

The only son of the late UNP Minister Dr. Jayalath Jayawardana, he seemed to have conveniently forgotten that such military actions couldn’t be endorsed under any circumstances. Against the backdrop of Dr. Jayawardana’s commendation for US military action against Nigeria, close on the heels of the murderous 03 January US raid on oil rich Venezuela, perhaps it would be pertinent to seek the response of the Catholic Church in that regard.

President Trump, in a wide-ranging interview with the New York Times, has warned of further strikes in case Christians continued to be killed in the West African nation. International media have disputed President Trump’s claim of only the Christians being targeted.

Both Christians and Muslims – the two main religious groups in the country of more than 230 million people – have been victims of attacks by radical Islamists.

The US and the Nigerian government of President Bola Tinubu reached a consensus on Christmas Day attacks. Nigeria has roughly equal numbers of Christians – predominantly in the south – and Muslims, who are mainly concentrated in the north.

In spite of increasingly volatile global order, the Vatican maintained what can be comfortably described as the defence of the national sovereignty. The Vatican has been critical of the Venezuelan government but is very much unlikely to throw its weight behind US attacks on that country and abduction of its President and the First Lady.

Dr. Jayawardana’s stand on US intervention in Nigeria cannot definitely be the position of the main Opposition party, nor any other political party represented in Parliament here. The National People’s Power (NPP) government refrained from commenting on US attacks on Nigeria, though it opposed US action in Venezuela. Although the US and Nigeria have consensus on Christmas Day attacks and may agree on further attacks, but such interventions are very much unlikely to change the situation on the ground.

SL on US raid

Let me reproduce Sri Lanka’s statement on US attacks on Venezuela, verbatim:

“The Government of Sri Lanka is deeply concerned about the recent developments in Venezuela and is closely monitoring the situation.

Sri Lanka emphasises the need to respect principles of international law and the UN Charter, such as the prohibition of the use of force, non-intervention, peaceful settlement of international disputes and the sovereignty and territorial integrity of states.

Sri Lanka attaches great importance to the safety and well-being of the people of Venezuela and the stability of the region and calls on all parties to prioritize peaceful resolution through de-escalation and dialogue.

At this crucial juncture, it is important that the United Nations and its organs such as the UN Security Council be seized of the matter and work towards a peaceful resolution taking into consideration the safety, well-being and the sovereign rights of the Venezuelan people.”

That statement, dated 05 January, was issued by the Foreign Affairs, Foreign Employment and Tourism Ministry. Almost all political parties, represented in Parliament, except one-time darling of the LTTE, Illankai Thamil Arasu Kadchi (ITAK), condemned the US attacks on Venezuela and threats on Cuba, Colombia and Iran. The US is also targeting China, Russia and even the European Union.

Dr. Jayawardana requested coverage for his visit to the US Embassy here to hand over his letter, hence the publication of his ‘love’ letter to President Trump on page 2 of the 09 January edition of The Island.

There had never been a previous instance of a Sri Lankan lawmaker, or a political party, endorsing unilateral military action taken by the US or any other country. One-time Western Provincial Council member and member of Parliament since 2015, Jayawardana should have known better than to trust President Trump’s position on Nigeria. Perhaps the SJBer felt that an endorsement of US action, allegedly supportive of the Nigerian Catholic community, may facilitate his political agenda. Obviously, the Opposition MP endorsed US military action purely for domestic political advantage. The lawmaker appears to have simply disregarded the growing criticism of US actions in various parts of the world.

The German and French response to US actions, not only in Venezuela, but various other regions, as well, underscore the growing threat posed by President Trump’s agenda.

French President Emmanuel Macron and German leader Frank-Walter Steinmeier have sharply condemned US foreign policy under Donald Trump, declaring, respectively, that Washington was “breaking free from international rules” and the world risked turning into a “robber’s den”.

US threat to annex Greenland at the expense of Denmark, a founding member of the North Atlantic Treaty Organisation (NATO) ,and the grouping itself, has undermined the post WWII world order to such an extent, the developing crisis seems irreversible.

Focus on UAE

Indian Army Chief Gen. Upendra Dwivedi visited the United Arab Emirates on 05 and 06 January. His visit took place amidst rising tension on the Arabian Peninsula, following the Saudi-led military coalition launching air attacks on Yemen based Southern Transitional Council (STC) whose leader Aidarous al-Zubaid was brought to Abu Dhabi.

In the aftermath of the Saudi led strikes on Yemen port, held by the STC, the UAE declared that it would withdraw troops deployed in Yemen. The move, on the part of UAE, seems to be meant to de-escalate the situation, but the clandestine operation, undertaken by that country to rescue a Saudi target, appeared to have caused further deterioration of Saudi-UAE relations. Further deterioration is likely as both parties seek to re-assert control over the developing situation.

From Abu Dhabi, General Dwivedi arrived in Colombo on a two-day visit. Like his predecessors, General Dwivedi visited the Indian Army memorial at Pelawatte, where he paid respects to those who paid the supreme sacrifice during deployment of the Indian Army here – 1987 July to 1990 March. That monument is nothing but a testament to the foolish and flawed Indian policy. Those who portray that particular Indian military mission as their first major peace keeping operation overseas must keep in mind that over half a dozen terrorist groups were sponsored by India.

Just over a year after the end of that mission, one of those groups – the LTTE (Liberation Tigers of Tamil Eelam) -assassinated Congress leader Rajiv Gandhi, the former Premier who sent the military mission here.

India never accepted responsibility for the death and destruction caused by its intervention in Sri Lanka. In fact, the Indian action led to an unprecedented situation when another Sri Lankan terrorist group PLOTE (People’s Liberation Organisation of Tamil Eelam) mounted a raid on the Maldives in early Nov. 1988. Two trawler loads of PLOTE cadres were on a mission to depose Maldivian President Maumoon Abdul Gayoom on a contract given by a disgruntled Maldivian businessman. India intervened swiftly and brought the situation under control. But, the fact that those who had been involved in the sea-borne raid on the Maldives were Indian trained and they left Sri Lanka’s northern province, which was then under Indian Army control, were conveniently ignored.

Except the LTTE, all other major Tamil terrorist groups, including the PLOTE, entered the political mainstream in 1990, and over the years, were represented in Parliament. It would be pertinent to mention that except the EPDP (Eelam People’s Democratic Party) all other Indian trained groups in 2001 formed the Tamil National Alliance (TNA), under the leadership of Illankai Thamil Arasu Kadchi (ITAK), to support the separatist agenda in Parliament. Sri Lanka’s triumph over the LTTE, in May 2009, brought that despicable project to an end.

The Indian Army statement on General Dwivedi’s visit here, posted on X, seemed like a propaganda piece, especially against the backdrop of continuing controversy over the still secret Indo-Lanka Memorandum of Understanding on defence that was entered into in April last year. Within months after the signing of the defence MoU, India acquired controlling stake of the Colombo Dockyard Ltd., a move that has been shrouded in controversy.

Indian High Commissioner Santosh Jha’s response to my colleague Sanath Nanayakkara’s query regarding the strategic dimension of the India–Sri Lanka Defence Cooperation Agreement following the Indian Army Chief’s recent visit, the former was cautious in his response. Jha asserted that there was “nothing beyond what is included” in the provisions of the pact, which was signed by President Anura Kumara Dissanayake and has generated controversy in Sri Lanka due to the absence of public discourse on its contents.

Framing the agreement as a self-contained document focused purely on bilateral defence cooperation, Jha said this reflected India’s official position. By directing attention solely to the text of the agreement, the High Commissioner indicated that there were no unstated strategic calculations involved, aligning with the Sri Lankan Foreign Minister’s recent clarification that the pact was not a military agreement but one that dealt with Indian support.

Nanayakkara had the opportunity to raise the issue at a special media briefing called by Jha at the IHC recently.

Julie Chung departs

The US attack on Venezuela, and the subsequent threats directed at other countries, including some of its longtime allies, should influence our political parties to examine US and Indian stealthy interventions here, leading to the overthrowing of President Gotabaya Rajapaksa, in July 2022.

The US Embassy in Colombo recently announced that Julie Chung, who oversaw the overthrowing of Gotabaya Rajapaksa, would end her near four-year term. Former Indian High Commissioner in Colombo Gopal Baglay, who, too, played a significant role in the regime change project, ended his term in December 2023 and took up position in Canberra as India’s top diplomat there.

Both Chung and Baglay have been accused of egging on the putsch directly by urging Aragalaya time Speaker Mahinda Yapa Abeywardena, on 13 July, 2022, to take over the presidency. Former Minister Wimal Weerawansa and top author Sena Thoradeniya, in their comments on Aragalaya accused Chung of unprecedented intervention, whereas Prof. Sunanada Maddumabanadara found fault with Baglay for the same.

The US Embassy, in a statement dated 07 January, 2026, quoted the outgoing US Ambassador as having said: “I have loved every moment of my time in Sri Lanka. From day one, my focus has been to advance America’s interests—strengthening our security partnerships, expanding trade and investment, and promoting education and democratic values that make both our nations stronger. Together, we’ve built a relationship that delivers results for the American people and supports a free, open, and secure Indo-Pacific.”

The Embassy concluded that statement reiterating the US commitment to its partnership with Sri Lanka and to build on the strong foundation, established during Ambassador Chung’s nearly four-year tenure.

Sri Lanka can expect to increasingly come under both US and Indian pressure over Chinese investments here. It would be interesting to see how the NPP government solves the crisis caused by the moratorium on foreign research vessel visits, imposed in 2024 by the then President Ranil Wickremesinghe. The NPP is yet to reveal its position on that moratorium, over one year after the lapse of the ban on such vessels. Wickremesinghe gave into intense US and Indian pressure in the wake of Chinese ship visits.

In spite of US-India relations under strain due to belligerent US actions, they are likely to adopt a common approach here to undermine Sri Lanka’s relations with China. But, the situation is so dicey, India may be compelled to review its position. The US declaration that a much-anticipated trade deal with India collapsed because Indian Prime Minister Narendra Modi hasn’t heeded President Trump’s demand to call him.

This was revealed by US Commerce Secretary Howard Lutnick in the ‘All-In Podcast’ aired on Thursday, 08 January. The media quoted Indian spokesman Randhir Jaiswal as having said on the following day: “The characterisation of these discussions in the reported remarks is not accurate.” Jaiswal added that India “remains interested in a mutually beneficial trade deal between two complementary economies and looks forward to concluding it.”

Sri Lanka in deepening dilemma

Sri Lanka, struggling to cope up with post-Aragalaya economic, political and social issues, is inundated with foreign policy issues.

The failure on the part of the government and the Opposition to reach consensus on foreign policy challenges/matters has further weakened the country’s position. If those political parties represented in Parliament at least discussed matters of importance at the relevant consultative committee or the sectoral oversight committee, lawmaker Jayawardana wouldn’t have endorsed the US bombing of Nigeria.

Sri Lanka and Nigeria enjoy close diplomatic relations and the SJB MP’s unexpected move must have caused quite a controversy, though the issue at hand didn’t receive public attention. Regardless of the US-Nigerian consensus on the Christmas Day bombing, perhaps it would be unwise on the part of Sri Lanka to support military action at any level for obvious reasons.

Sri Lanka taking a stand on external military interventions of any sort seems comical at a time our war-winning military had been hauled up before the Geneva Human Rights Council for defending the country against the LTTE that had a significant conventional military capacity in addition to being “the most ruthless terrorist organisation” as it was described by the US Federal Bureau of Investigation. The group capitalised on experience gained in fighting the Indian Army during 1987 July-1990 March period and posed quite a threat. Within five months after the resumption of fighting, in June 1990, the LTTE ordered the entire Muslim population to leave the predominantly Tamil northern province.

No foreign power at least bothered to issue a statement condemning the LTTE. MP Jayawardana’s statement supporting US military action in support of Christian community should be examined in Sri Lanka’s difficult battle against terrorism that took a very heavy toll. Perhaps, political parties represented in Parliament, excluding those who still believe in a separatist project, should reexamine their stand on Sri Lanka’s unitary status.

By Shamindra Ferdinando

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Midweek Review

Buddhist Iconography

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A Buddha statue from Mathura with a single curl, 2nd cent. CE

Seeing a new kind of head ornament on a recent reproduction of the iconic Avukana Buddha statue, made me ponder how the Enlightened One would have looked in real life, and what relationship that may or may not have with Buddhist iconography. Obviously, there is no record or evidence of any rendering of the Buddha made by an artist who saw him alive, but there are a few references to his appearance in the Pali Sutta Pitaka, that affirms, as he himself has said, Buddha was nothing other than a human being, albeit an extraordinarily intelligent one (Dhammika 2021).

Before enlightenment, Siduhath Gotama was described as having black hair and a beard. One account describes him as “handsome, of fine appearance, pleasant to see, with a good complexion and a beautiful form and countenance” (D.I,114). Venerable Ananda has said, “It is wonderful, truly marvelous how serene is the good Gotama’s presence, how clear and radiant is his complexion. Just as golden jujube fruit in the autumn is clear and radiant … so too is the good Gotama’s complexion” (A.I,181). If Venerable Ananda’s comparison is correct, Gotama must have been of what is called ‘Wheatish’ complexion common in present-day North India, which is described as typically falling between fair and dusky complexions, exhibiting a light brown hue with golden or olive undertones (Fitzpatrick scale Type III to VI).

The Buddha is also described as a slim tall person; slim, perhaps, as a result of practising asceticism before enlightenment and spartan life thereafter. As he aged, he also suffered from back pain and other ailments, according to Sutta Pitaka.

Artists’ imagination

We need not argue that the depictions of the Buddha we see across countries, in various media, are the imaginations of the artists influenced by their local cultures and traditions. The potentially controversial aspect regarding Buddhist iconography is the depiction of his hair, which is almost universal. There are several references in the Sutta Pitaka, where various Brahmin youths derogatorily referred to the Buddha as “bald-pated recluse” (MN 81). There is no reason to believe that he would have been any different from the rest of the Bhikkhus who had and have clean shaven heads. In fact, when King Ajatasattu visited the Buddha for the first time, he had trouble identifying the Buddha from the rest of the sangha, and an attendant had to help the king.

In early Buddhist art, the Buddha was represented by the wheel of dhamma, Bodhi tree, throne, lotus, the footprints, or a parasol. For example, in the carvings of Sanchi temple built in the third century BCE, the Buddha is depicted by some of these symbols, but never in human form. Depiction of the Buddha in human form has started around the first century CE in two places, Gandhara and Mathura. In both places, the Buddha is depicted with hair, and not as a “bald-pated recluse” the way the Sutta Pitaka depicts him.

Figure 1. Bimaran Casket

No scholarly agreeement

So, the question is who started this artistic trend, was it the Gandhara artists under the Greek influence or the Mathura artists following their own traditions? There is no scholarly agreement on this; Western scholars think it was the Greek influence that made presenting the Buddha in human form while Ananda Coomaraswamy presents another theory (Coomaraswamy 1972).

The earliest dateable representation of the Buddha in human form is found on the Bimaran casket found during the exploration of a stupa near Bimaran, Afghanistan in 1834. It has been dated to the first century CE using the coins found along with it, that also depict and refer to the Buddha by name in Greko-Bactrian. This reliquary, a gold cylinder embossed with figures and artwork, is on display at the British Museum (Figure 1). Under the Hellenistic influence, it must have been natural for the Gandhara artists to represent a revered or divine figure in human form; Greeks have been doing it for millennia. The standing Buddha figure is depicted wearing the hair in the form of a knot over the crown. In other carvings from the same period, most male figures are shown with the same hair style. Also, it appears that both Spartan men and women tied their hair in a knot over the crown of the head, known as the “Knidian hairstyle” (Wikipedia). The Gandhara sculpture is famous for the Hellenistic style of realism (Figure 2).

Figure 2. Gandhara statue from 1-2
century CE

Coomaraswamy’s reasoning

Coomaraswamy reasons that the Bhakti movement – the loving devotion of the followers towards the deities, is the reason for the emergence of Buddha figure in Mathura. We cannot say for sure if the Gandhara art induced the Mathura artists to break away from their tradition of aniconic symbolism. What is clear is that they have been influenced by the trend to elevate religious leaders to divinity, to impress the followers and compete or to outdo the practices of other religions. This tradition, which predates the Buddha, has introduced the concept of the thirty-two characteristics or marks of great personalities.

It is this trend that has introduced divine interventions and other mysticisms to Buddhism and culminated in famous poems as Asvagosha’s Buddhacharithaya and exegeses as Lalithavistara a few centuries later and continues to date. Instead of following realism as the Gandhara artists did, Mathura artists have followed this tradition and incorporated the thirty-two characteristics of a great person into their representation of the Buddha figure.

Some of these marks are described as “… there is a protuberance on the head, this is, for the great man, the venerable Gotama, a mark of a great man; the hair bristles, his bristling hair is blue or dark blue, the color of collyrium, turning in curls, turning to the right;  the tuft of hair between the eyebrows on his forehead is very white like cotton; he is golden in color, has skin like gold; eyes very blue, like sapphires; under the soles of his feet there are wheels, with a thousand rims and naves, complete in every way…(DN 30, M 91). Thus, the tradition of adding the protuberance referred to as Usnisha to Buddha statues started.

Buddhist traditions in different forms

This practice has been adopted by all Buddhist traditions in different forms. The highly effective outcome of incorporating these great marks into the statuary is that it has created a globally recognisable symbol that is independent of the artist’s skills, cultural affiliation or the medium used. Without such distinct features, we would have difficulty in distinguishing the depictions of the Enlightened One from those of other monks or other religious leaders such as Mahaveera. Nevertheless, in addition to its spiritual aspect, Buddhist iconography has been a flourishing art form, which has allowed human talent and ingenuity to thrive over millennia.

Let us not forget that artistic expression is a fundamental right. Interestingly, the curly hair on the Buddha statues made the early European Indologists to think that the Buddha was an African deity (Allen 2002).

Sri Lankan Buddhist art

Sri Lankan Buddhist art is said to be related to Amaravathi style; all Sri Lankan statues are depicted with curling hair bristles turning to right. The presence and prominence of the usnisha on local statues vary depending on the period. Toluvila statue, prominently displayed at the National Museum, is considered the earliest dateable statue in Sri Lanka. It is dated to 3rd or 4th century CE, has a less prominent usnisha and lacks the elongated ear lobes; it is said to be influenced by the Mathura school.

Since Dambulla temple dates to third century BCE, one wonders if the magnificent reclining statue in Cave 1 could be earlier than the Toluvila statue. There are several bronze statues from Anuradhapura period without usnisha. Towards late Anuradhapura period, usnisha is beginning to be replaced with rudimentary Siraspatha, which represents a flame. This addition evolved over time and became a very prominent feature during the Kandyan period and replaced the traditional usnisha completely (Figure 3).

Figure 3. Kandyan era statue with
Siraspatha

Incomparable workmanship

Then the question is how does the Avukana statue, which belongs to the early Anuradhapura period, have a siraspatha that is not compatible with the style of the period or the incomparable workmanship of the statue itself? I have come across two explanations. According to the Sinhala Encyclopedia, the original siraspatha was destroyed and a cement replacement was installed in recent times, likely in the early 20th century.

The other version is that the statue never had a siraspatha like many other contemporary stone statues. For example, the Susseruwa (Ras Vehera) statue, which is identical in style, and likely a contemporary work, does not have a siraspatha. During the Buddhist revival, a group of devotees from a Southern town felt that the lack of a siraspatha on such a great statue as a major deficiency, and they ceremoniously installed the crude cement ornament seen today.

This raises the question: which is more valuable, preservation and protection of archeological treasures or reconstruction to meet modern expectations and standards? For example, what would have been more impressive, the Mirisavetiya Stupa as it was found before the failed reconstruction attempts, or the current version that is indistinguishable from modern concrete constructs? Even though, one can assume it was done in good faith. What if the Mihintale Kanthaka Chetiya were covered under brick and concrete to convert into a finished product? Would it increase or decrease its archeological value?

Differences between reality and iconography

None of that should matter in following the Buddha Dhamma. In theory. However, when the influence of Buddhist iconography is deeply rooted in devotee’s mind, it is impossible to imagine the Buddha as a normal human being, with or without a clean-shaven head and a brown complexion. The failure to see the difference between reality and iconography or art, poetry, and literature can be detrimental as it could distort the fact that Dhamma is the truth discovered by a human being, and it is accessible to any human, here and now. That is responsible, at least in part, for the introduction of mysticism, myths, and beliefs that are rapidly sidelining of Dhamma.

How often do we think of Enlightened One as a humble mendicant who roamed the Ganges Valley barefoot, in the beating sun, and resting at night on the folded outer robe spread under a tree. Sadly, iconography and other associated myths have driven us too far away from reality and Dhamma.

Up until I was six years old, we lived in a place up in the Balangoda hills that had a kaolin (kirimeti) deposit. The older students in the school used it for various handcrafts, but for the youngsters, it was playdough, even though we had never heard of that term. After witnessing an artist working on a Buddha statue at the local temple, my friend Bandara and I made Buddha statues of all types and sizes. If any of them were to survive for a few thousand years at the site where the schools stood, future archaeologists may wonder if a primitive tribe existed there (of course carbon dating will show otherwise). Like that, looking at some of the thousands of statues that pop up on every street corner, the purpose of which varies, sometimes I wonder if they were made by a civilisation that was yet to finesse the art of sculpture or by kids having access to kirimeti. No wonder birds take liberty to exercise their freedom of expression.

by Geewananda Gunawardana

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Midweek Review

Rock Music’s Freedom Vibes

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What better way to express freedom’s heart-cry,

Decry decades-long chains that bind,

And give oneself wings of swift relief,

As is happening now in some restive cities,

Where the state commissar’s might is right,

Than to sing one’s cause out or belt it out,

The way the Rock Musician on stage does,

Raw, earthy, plain and no-holds-barred…..

So the best of Rock artistes, then and now,

You may take a deep bow to rousing applause.

By Lynn Ockersz

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