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Civil society demands end to deaths in police custody

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‘Autopsies on Mahara victims revealed ugly truth’

By Shamindra Ferdinando

Senior lawyer Senaka Perera yesterday (29) said that the government owed an explanation as regards deaths in police custody.

Perera said that the latest killing in police custody had taken place in the Veyangoda police area in the early hours of Monday (28).

Responding to The Island queries in this regard, Perera, who heads the Committee for Protecting Rights of Prisoners said that the police couldn’t justify the killing of 37-year-old Nishantha Kumarasiri of Bandagagoda Road, Veyangoda at Halgampitiya, Veyangoda in the early hours of Monday.

Asking how a handcuffed suspect could try to strangle a police driver, Perera said it was a familiar narrative.

The police claimed that they had been left with no alternative but to shoot the suspect, who attacked the police driver.

The police detained Kumarasiri over the gruesome crime of severing the arms and legs of a person who allegedly tipped off the police about his nefarious activities. The limbless father of three children is now recovering in a hospital. After committing the dastardly deed, Kumarasiri and his accomplice had even carried off one of the limbs of the victim. Police spokesperson DIG Ajith Rohana said that there were three High Court cases pending against Kumarasiri, obviously pointing to the fact that he was no angel.

While not justifying killing of violent criminals in custody here, an independent observer, however said far more unarmed innocent Negroes and other minority group members running to hundreds were gunned down by police forces in the bastion of democracy, the USA each year with impunity as the entire system there was geared to cover up such killings. And only in this year that civil society groups and media there really started agitating against such killings for the world to hear, he said.

Lawyer Perera also questioned the controversial practice of taking suspects out of police stations and other detention facilities in the middle of the night or in early hours to recover weapons stashed away by such desperados conveniently hardly seen  by anyone, but the police accompanying them.

Kumarasiri had been taken to Halgampitiya, Veyangoda around 3.30 am, the civil society activist said, pointing out the previous death in police custody took place in the early hours of Oct 20, this year when the police claimed Madush Lakshitha alias Makandure Madush was killed during a confrontation between law enforcement personnel and the underworld in the Maligawatte police area.

Lawyer Perera said that the Justice Ministry, the Attorney General, the Bar Association of Sri Lanka (BASL), Human Rights Commission of Sri Lanka as well as Police Headquarters should take tangible measures to prevent deaths in police custody. The Parliament should inquire into deaths in Police custody as well as in Prisons, lawyer Perera said, pointing out the recent revelation that eight suspects previously described as victims of clashes among Mahara prisoners were killed in gunfire.

No less a person than the State Minister in charge of Prisons, Lohan Ratwatte declared in parliament on Dec 3 all 11 Mahara deaths were due to clashes among prisoners. Responding to another query, lawyer Perera said that autopsies of the three remaining victims would be revealed soon.

Lawyer Perera said that his organization recently complained to the Chief Justice, the AG and the BASL regarding the position taken up by the State Counsel at the Wattala Magistrate court where the Mahara case was being heard. The lawyer alleged that attempts were being made to silence them by calling those who represented prisoners NGO operatives.

According to Perera the killing of those in police or Prisons custody and subjecting them to inhuman treatment violated 13 (3) of the Constitution. In spite of their efforts, suspects had been eliminated under controversial circumstances and the killing Makadure Madush and Kumarasiri in October and Dec this year proved those in authority turned a blind eye to what was going on.

The Island sought a clarification from Justice Minister Ali Sabry, PC on deaths in police custody. Minister said that the police didn’t come under his purview though he would take it up with the Attorney General.

The Island also sought the BASL’s opinion on the matter from its President Kalinga Indatissa, PC. However, at the time of going to press, The Island couldn’t obtain the BASL’s response.

Counsel Perera said that extra judicial killings couldn’t be condoned under any circumstances. The police couldn’t decide the fate of suspects/prisoners, he said urging the Parliament to intervene in what he called a matter of utmost importance.

The civil society activist said that if not for their efforts those in authority could have easily cremated the bodies of Mahara prisoners on the basis they tested corona positive. Had that happened autopsies wouldn’t have revealed the ugly truth that all of them died as a result of gunshot injuries.

The Mahara case is scheduled to be taken up at the Wattala Magistrate court today (30).

Lawyer Perera said that the massacre  during the Welikada prison riot in 2014, when even a STF DIG was shot and injured by rioting prisoners, after they armed themselves by breaking into an armoury there, proved how brutal the State crackdown could be. Wrongdoers should be dealt appropriately in terms of the law, lawyer Perera claimed, urging the political leadership to rein in the police.

Asked whether they would complain to the HRCSL, lawyer Perera said that the body had been politicized and weakened to such an extent the public couldn’t depend on it.



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President proposes; Speaker disposes

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Dr. Wickramaratne

AKD’s request to Harsha:

Speaker Dr. Jagath Wickramaratne has frustrated an attempt by Chairman of the Committee on Public Finance (CoPF) Dr. Harsha de Silva, MP, to intervene to settle the continuing dispute over the appointment of a new Auditor General.

Dr. De Silva yesterday told The Island he had recently written to all members of the Constitutional Council (CC) drawing their attention to the urgent need to address the issue at hand. The AG’s position remains vacant since 08 Dec, 2025. AG W.P.C. Wickremanayake retired in April and since then there have been a couple of Acting appointments. The CC has declined to endorse any of President Dissanayake’s nominees as the AG.

Asked whether he had taken up the issue with the CC following President Anura Kumara Dissanayake soliciting his support in this regard, MP de Silva said that he had written to CC members as agreed with the President.

The former UNPer and one-time State Minister said: “I did so, giving due respect to CC’s independence, underscoring the critical importance in them working with the President to resolve the crisis. I alluded to the need to have transparency in public financial management during this post-cyclone period where large amounts of funds are being transacted on multiple fronts, both domestic and foreign.”

Responding to another query, Dr. De Silva emphasised that he had clarified that the President must send the names of qualified and experienced persons to the CC for consideration. “However, these letters were returned to me by the Speaker, without being delivered to members of the CC. The Speaker didn’t give an explanation. Thus, except for members who are MPs who had been copied via email by my committee office, others never received my letter of concern. Even though I questioned, in Parliament, the basis of his refusal to forward my communication to the members of the CC of which he is Chairman, no answer was given.”

The CC consists of Dr. Jagath Wickramaratne, Speaker and Chairman of the 10-member body. Dr. Harini Amarasuriya, Prime Minister, Sajith Premadasa, Leader of the Opposition, Bimal Rathnayake, Aboobucker Athambawa, Ajith P. Perera, Sivagnanam Shritharan, and three civil society members namely Dr. Prathap Ramanujam, Dr. Dilkushi Anula Wijesundere and Dr. Dinesha Samararatne. None of the President’s nominees could obtain CC’s approval as all of them were rejected by the CC.

The present CC was introduced by the 21st Amendment to the Constitution which was endorsed on 31 October 2022.

Both the Bar Association of Sri Lanka (BASL) and the Transparency International Sri Lanka Chapter recently requested President Dissanayake, in writing, to propose a suitable person to the post of AG. The BASL, in another statement that dealt with the forthcoming vacancies in the CC due to three civil society members completing their terms, declared its concern over possible attempts by the President and the NPP government to fill the vacancies with rubber stamps.

The three civil society members will complete their terms on 18 January. In terms of Article 41E of the Constitution, the CC meets at least twice every month, and may meet as often as may be necessary. The Chairman presides at all meetings of the CC and in the absence of the Chairman, the Prime Minister, and in the absence of the Prime Minister, the Leader of the Opposition presides at the meetings of the CC.

Asked whether the CC could be disrupted due to the end of civil society members’ terms, an authoritative official pointed out that in case new appointments were not made the current members could continue.

The Parliament has not so far called for applications to fill the forthcoming vacancies.

by Shamindra Ferdinando ✍️

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Sri Lanka loses Rs.7.5 bn due to coal tender irregularities: FSP

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Pubudu

The NPP government’s coal procurement process has once again come under scrutiny following allegations by the Frontline Socialist Party (FSP) that substandard coal has been imported for power generation and that tender procedures were manipulated to favour a specific supplier.

Addressing the media after a party meeting in Maharagama on Saturday, FSP Education Secretary Pubudu Jagoda said a test report issued by the government laboratory at the Lakvijaya Power Plant had confirmed that the latest coal shipment unloaded in Sri Lanka did not meet the required quality standards. According to the report, the coal’s calorific value ranged between 5,600 and 5,800 kilocalories per kilo, below the 5,900–6,200 kCal/kg range specified in tender requirements.

Jagoda warned that lower calorific value coal would require higher volumes to generate the same amount of electricity, increasing costs significantly. Preliminary estimates, he said, indicated an additional financial burden of around Rs. 7,500 million, which might eventually be passed on to consumers through higher electricity tariffs.

The FSP also accused the government of tailoring procurement rules to benefit the Indian supplier, which has deposited bonds for long-term coal supply for the upcoming season. Jagoda alleged that tender conditions had been altered to accommodate the company, pointing to changes in coal reserve requirements. Under the 2021 Sri Lanka Coal Registration Document, suppliers were required to maintain a minimum reserve of one million metric tonnes with a gross calorific value of 5,900 kCal/kg. This threshold, he said, had been reduced to 100,000 metric tonnes in the 2025 document which is a 90% reduction raising serious concerns.

He further cited past allegations against the Indian company, including findings in a 2016 Auditor General’s report that the company violated procurement guidelines regarding a rice supply contract with Sathosa in 2014. Jagoda also referred to legal issues involving individuals linked to the company, and the suspension of a representative by the International Cricket Council in 2019 over match-fixing allegations.

Beyond company-specific concerns, Jagoda criticised what he described as systemic manipulation of the coal tender process. He questioned why the coal tender, typically called in February or March, was delayed until July, despite electricity being declared an essential service. He also alleged that the tender submission period had been progressively shortened from the internationally accepted six weeks to five weeks, and now reportedly to three giving an unfair advantage to suppliers with existing stock.

The Ministry of Energy has recently issued an amended tender to procure 4.5 million metric tonnes of coal for the Lanka Coal Company for the 2025/26 and 2026/27 periods, following the cancellation of an earlier tender.

Jagoda warned that delays and irregularities could lead to coal shortages, higher spot market purchases, increased electricity costs, and even power cuts if hydropower generation falls short. He called for urgent investigations into the procurement process, insisting that the burden of alleged mismanagement and corruption must not be transferred to the public.

by Chaminda Silva ✍️

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CID summons SJB MP for criticising education reforms

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Prasad

SJB Gampaha District MP Prasad Siriwardhana has been summoned to the CID today (12) for questioning in connection with a statement he made on a private television channel regarding education reforms.

He was earlier asked to report to the CID on 10 January to make a statement. However, as Siriwardhana had notified the authorities that he was unable to appear on that day, he was subsequently asked to come today.

Siriwardhana is one of the critics of the shortcomings of the education reforms introduced by the NPP government.

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