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Editorial

Bad laws a threat to democracy

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Thursday 17th July, 2025

The Court of Appeal (CA) has dismissed a petition, in limine, which sought an injunction to prevent Western Province Local Government Commissioner Sarangika Jayasundara from conducting elections by secret ballot to the posts of chairman and vice chairman of the Seethawaka Pradeshiya Sabha.

The CA decision is based on the existing election laws that provide for the Local Government Commissioners’ discretion in conducting elections to the posts of chairpersons/mayors and deputy chairpersons/deputy mayors of the hung local councils. The NPP lost no time in welcoming the CA decision.

In a country like Sri Lanka, there should be no legal provision for the discretion of public officials where elections to local council heads are concerned, for the government in power exerts pressure on state employees to do its bidding to further its political interests, or some public officials sell their souls to politicians.

The existing laws should be amended to make open votes mandatory in elections to top posts in all political institutions. Preferably, they should be roll-call votes or show of hands. The people have a right to know how their elected representatives vote in view of very serious allegations of bribery and corruption against the MPs, provincial councillors and local government members. Quite a few newly-elected Opposition local councillors are accused of having taken bribes to vote against their own parties. Secret ballots have stood these elements in good stead. No room should be left for secrecy in elections to top posts in the local councils.

One may recall that in 2007, following an abortive attempt by the then UNP-led Opposition to defeat Budget 2008 presented by the Mahinda Rajapaksa government at the height of the Eelam War IV, Dullas Alahapperuma, who was a minister at the time, disclosed, at a media briefing, that some MPs of the ruling UPFA had taken bribes to vote against the budget, as part of a conspiracy to topple the government and derail the war; they had been found in five-star hotels with foreign prostitutes, Alahapperuma said, claiming that it had been quite a battle to prevent them from doing what they had taken bribes for. The Rajapaksa government managed to win the budget vote. Alahapperuma stopped short of revealing how that task had been accomplished, but there is reason to believe that the Rajapaksas outbribed their opponents.

The ongoing dispute over secret ballots in hung local councils has bolstered arguments for amending the local government election laws, which are riddled with flaws. Ambiguities in laws, especially vague wording, conflicting rules and discretionary enforcement, breeds public distrust and disillusionment and undermines the legitimacy of the electoral process. A set of ministerial guidelines prepared to dispel confusion in respect of elections to the posts of heads and deputy heads of hung local councils has been deep-sixed, to all intents and purposes, allowing state officials to do as they please. This is not a healthy state of affairs, and the LG laws must be rid of flaws that successive governments have exploited to further their interests with the help of pliant state officials.

While on the subject of public officials’ discretion regarding the election of heads and deputy heads in no-majority local councils, there is a far more serious issue that has gone unaddressed all these years—discretion given to the leaders of political parties to manipulate the National List (NL). The Constitution and the Parliamentary Elections Act provide for undermining the people’s franchise where the NL is concerned! As we have pointed out in previous editorial comments, Article 99A of the Constitution allows ‘the persons whose names are included in the lists submitted to the Commissioner of Elections … or in any nomination paper submitted in respect of any electoral district by political parties or independent groups at that election’ to be appointed to Parliament via the NL. But in 1988, the then UNP government introduced Section 64 (5) of the Parliament Election Act, inter alia, as an urgent Bill, eroding the essence of the constitutional provisions pertaining to the NL appointments. It has now been revealed that in 1988, the J. R. Jayewardene government surreptitiously inserted a section into the Parliamentary Elections Act by having an amendment Bill changed, after its ratification, to allow political party leaders to engineer NL vacancies and appoint persons of their choice to Parliament. This provision has made a mockery of Article 99 (A) and Article 101 (H) of the Constitution. Moreover, in 2017, the Sirisena-Wickremesinghe government smuggled a slew of sections into the Provincial Council Elections (Amendment) Bill at the committee stage to postpone the provincial council elections indefinitely though Article 78 of the Constitution says ‘any amendment proposed to a Bill in Parliament shall not deviate from the merits and principles of such Bill’. Interestingly, all political parties—the UNP, the SLFP-led UPFA including its pro-Mahinda Rajapaksa faction called the Joint Opposition, the JVP, the SLMC and the TNA unflinchingly backed that rotten Bill, helping postpone the PC polls indefinitely. (The TNA is now demanding that the PC polls be held expeditiously!) No legal remedy is currently available because laws cannot be challenged in courts after their enactment. Hence the need for a constitutional amendment to enable post-enactment judicial review of legislation.

Bad laws not only make the public lose trust in the legal process but also give a turbo boost to anti-politics, which is on the rise.



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Editorial

A welcome judgement

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Friday 13th February, 2026

Justice has caught up with those who killed SLPP MP Amarakeerthi Athukorale and his security officer. The Gampaha High Court has sentenced 12 convicts to death for the double murder they committed during the 2022 uprising, popularly known as Aragalaya. This judgement has evoked the dreadful memories of the crimes committed in the name of a people’s protest movement about four years ago.

Aragalaya began as an outpouring of public resentment fuelled by the 2022 economic crisis and the resultant shortages of essentials. It developed into what may be described as a carnival of protests at Galle Face, where a motley crowd of activists championing various causes gathered under the ‘Gota Go Home’ banner. It was subsequently hijacked by some ultra-radical political forces with sinister agendas following an SLPP goon attack on the Galle Face protesters in May 2022. Retaliatory attacks carried out by organised groups among protesters turned Aragalaya into a firenado of violence that swept through many parts of the country. It was during that violent phase of Aragalaya that mobs killed MP Athukorale and his security officer and torched scores of houses belonging to SLPP politicians and their cronies. All SLPP MPs would have suffered the same fate as Athukorale if they had not gone into hiding. The destructive forces responsible for committing crimes in the name of Aragalaya must be brought to justice.

The genuine Aragalaya activists who acted as a pressure group, calling for an end to the Rajapaksa rule, wanted to call off their protest campaign following the resignation of President Gotabaya Rajapaksa; their goal was to see the back of Gotabaya as evident from the catchy hashtag, “GotaGoHome”. But some opportunistic political forces, particularly the JVP, sought to use Aragalaya to capture Parliament. Minister K. D. Lalkantha himself has admitted that the JVP strove to lead the Aragalaya activists to Parliament, but without success. JVP leaders are seen in social media videos urging the people to rush to Colombo and march on Parliament and deliver a coup de grace to a teetering system. If the military had not made a decisive intervention at the eleventh hour, using force, aggressive mobs that surged forward menacingly, pulling down barricades, would have captured Parliament and perhaps set it on fire, plunging the country into anarchy. One may recall that a grenade attack on a UNP parliamentary group meeting chaired by President J. R. Jayewardene, with Prime Minister R. Premadasa seated next to him in 1987 almost made the country descend into anarchy. That bomb attack, which left a minister and a public official dead and 16 others injured, was blamed on the JVP.

A former senior Indian police officer discusses grey-zone warfare in an article we have reproduced today from The Statesman, an Asia News Network member. This doctrine of hybrid conflict has gained currency in diplomatic, defence and intelligence circles the world over. What we witnessed during the final phase of Aragalaya (2022) can be dubbed ‘grey-zone terrorism’. Arson attacks on the houses of prominent SLPP politicians and others were well organised; they could not have been carried out by flash mobs consisting of non-violent protesters. Unfortunately, those crimes have not been probed properly. The then SLPP-UNP government was wary of investigating those serious transgressions; instead, it generously awarded compensation to the victims of arson attacks far in excess of their losses. The incumbent administration has rightly instituted legal action against some of the culprits who helped themselves to public funds by playing the victim card and inflating estimates, but most of the arsonists and the masterminds behind the arson attacks have got off scot-free. They must be traced and made to face the full force of the law.

The welcome judgement in the Athukorale murder case offers a lesson that should not go unlearnt. Those who join mobs and commit crimes must remember that they run the risk of being tried and thrown behind bars. On seeing the instigators of violence during Aragalaya savouring power and going places, the killers of Athukorale and his body guard must be ruing the day they committed that crime.

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Editorial

‘Sleeping Tigers’ and barking govt.

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Thursday 12th February, 2026

President Anura Kumara Dissanayake once spoke of a ‘shadow state’ run by powerful crime syndicates and vowed to dismantle it. The general consensus is that such an unseen, parallel power structure really exists and must be eliminated as a national priority. However, criminals are not alone in running ‘parallel governments’. Extremely powerful business cartels also challenge the writ of the state and exploit the public, with impunity.

Transport Minister Bimal Rathnayake has evinced a keen interest in bringing order out of chaos in the passenger transport sector. He deserves praise and public support for his efforts. He has taken upon himself the onerous task of safeguarding the interests of commuters and ensuring road safety. His attempts to bring the private industry to heel have run into stiff resistance, with the bus mudalalis issuing warnings and even threats.

Minister Rathnayake has warned that the tough measures under consideration to make roads safer include the cancellation of the route permits of the buses whose drivers and conductors are addicted to narcotics. Desperate situations are said to call for desperate measures. In 2021, the then State Minister of Transport Dilum Amunugama made a chilling revelation: about 80% of private bus drivers in Colombo and its suburbs were addicted to drugs. The situation must be more or less the same in other parts of the country as well. A survey conducted by the Lanka Private Bus Owners’ Association (LPBOA) has revealed that 45% of private bus drivers are addicted to narcotics. Their addiction to relatively new drugs such as ICE (crystal methamphetamine) is on the rise, according to the police, who disclosed in 2023 that out of 1,781 drivers subjected to drug tests in the Western Province about 100 had been found to be under the influence of dangerous drugs; most of them were ICE addicts. LPBOA President Gemunu Wijeratne himself has said that about 50% of bus workers are addicted to narcotics.

The severity of drug addiction among bus drivers and conductors may have compelled Minister Rathnayake to consider deterrent measures, such as the cancellation of route permits, as a way out. Private bus owners’ associations have condemned the proposed move and threatened to stage a countrywide strike.

Wijeratne did not mince his words when he tore into the government, at a media briefing, the other day. Insisting that bus owners must not be penalised for what their workers did, he said they had no way of finding out whether drivers and conductors were under the influence of drugs. “Would Minister Rathnayake resign if his driver was found to be using illicit drugs?” Wijeratne rhetorically asked, accusing the government of selectively implementing the law. He cited several instances where NPP politicians and their cronies had got away with serious transgressions.

Wijeratne’s arguments are not without merit. The legal process was blatantly subverted to let former Speaker Asoka Ranwala off the hook following a road accident he caused two months ago, as Wijeratne said. Ranwala was not made to undergo a blood-alcohol test for more than 12 hours, and the police audaciously claimed that they had run out of breathalyser test kits. No legal action has been taken against the questionable release of as many as 323 high-risk containers, without Customs inspection, from the Colombo Port. A mega coal scam has gone uninvestigated. When a cannabis plantation on a plot of land belonging to an NPP MP’s relative was raided, it was the police officers responsible for the raid who had to face disciplinary and legal action. The JVP supporters who parked buses on the Southern Expressway in violation of traffic laws last year have got off scot-free. So, Wijeratne may have struck a responsive chord with the public when he highlighted how the government itself was undermining the rule of law. However, the fact that the incumbent administration shields transgressors within its ranks is no reason why the private bus operators should be allowed to enjoy the freedom of the wild ass. Wijeratne seems to think two wrongs make a right.

The government should not make hasty decisions when handling sensitive issues. It ought to respect the fundamental legal maxim, audi alteram partem, and listen to what the bus operators have to say. However, the imperious private bus associations must not be allowed to intimidate a democratically elected government. Wijeratne has warned that the government’s efforts to cancel the route permits of buses driven by drug addicts will be its undoing, for the bus operators will launch a countrywide strike. He has asked the government not to rouse ‘sleeping tigers’. In saying so, he has made an unintentional allusion to the Liberation Tigers of Tamil Eelam militarily neutralised by a previous government. It remains to be seen whether the incumbent administration with a supermajority is equal to the task of taming the ‘sleeping tigers’, safeguarding the interests of the public and ensuring road safety while redressing the legitimate grievances of the bus operators.

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Editorial

When a picture speaks volumes

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Wednesday 11th February, 2026

Today’s front-page photo in this newspaper shows former President Mahinda Rajapaksa and Foreign Minister and JVP stalwart Vijitha Herath in conversation at a Chinese New Year reception in Colombo on Monday. This picture speaks volumes. Its significance and irony may not have escaped astute political observers familiar with Sri Lanka’s political marriages of convenience during the past several decades.

The JVP made a public show of its antipathy towards the Rajapaksas to win elections in 2024. It vowed to throw them behind bars immediately after forming a government. Some Opposition bigwigs have claimed that it was to settle political scores with Mahinda that the JVP-led NPP government made former Presidents leave their official residences. The JVP leaders continue to inveigh against Mahinda and other members of the Rajapaksa family, much to the glee of their cadres. They pretend that they have had nothing to do with the former ruling family. But the truth is otherwise.

The aforesaid photo may remind political observers of the pivotal role played by Herath and other JVP seniors, including Anura Kumara Dissanayake, in enabling Mahinda to achieve his presidential dream in 2005. The SLFP, which fielded Mahinda as its presidential candidate, did not throw its weight behind him in the presidential race; in fact, the then President Chandrika Kumaratunga did her best to queer the pitch for him, without success. The JVP campaigned extremely hard for him and ensured his victory.

The present-day JVP leaders are seen in some videos of Mahinda’s 2005 presidential election campaign, waving the Mahinda Chinthanaya policy framework at campaign rallies and portraying it as a silver bullet capable of helping Sri Lanka solve all its problems and achieve progress. Herath was among the key speakers at Mahinda’s election rallies. Perhaps, it would have been the end of the road for the Rajapaksas in national politics had Mahinda lost the 2005 presidential election. Thus, it may be seen that the blame for what the JVP accuses Mahinda, his family members and his cronies of having done since 2005 should be apportioned to the JVP leaders who made his elevation to the presidency possible.

The JVP fell out with President Rajapaksa as he did not fulfil some of his key promises, especially his pledge to abolish the executive presidency. It joined forces with the UNP, etc., thereafter and strove to defeat Mahinda in the 2010 presidential election, but in vain. However, it realised that goal by helping Maithripala Sirisena, who promised to scrap the executive presidency, win the 2015 presidential election. He reneged on his pledge.

Ironically, the Rajapaksas created conditions for the JVP’s meteoric rise to power, albeit unwittingly. After their return to power, they indulged in corruption, suppressed the rule of law, and, above all, bankrupted the economy in 2022, when the JVP had only three MPs and its national vote share had shrunk to a meagre 3%. The JVP effectively harnessed public anger over economic hardships to regain lost ground and win elections. It also promised to do away with the executive presidency. This pledge appears on page 109 of the NPP’s policy programme, A Thriving Nation: A Beautiful Life.

Today, the JVP is in a position to do what it pressured Mahinda and Sirisena to do in 2005 and 2015 respectively—abolishing the executive presidency. The NPP government led by the JVP has a two-thirds majority, and the Opposition is also demanding that the executive presidency be scrapped forthwith. So, the question is why the JVP is dragging its feet on its pledge to do so.

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