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Controversy over dismissed high profile cases: CIABOC can initiate fresh action: DG Legal Affairs

Published

5 years ago

2021/09/3

By Shamindra Ferdinando

Director General, Legal Affairs, at the Presidential Secretariat attorney-at-law Harigupta Rohanadeera says the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) retained the right to initiate fresh proceedings in respect of cases dismissed by courts as well as those withdrawn by the institution.

Rohanadeera said so appearing in the latest ‘Salakuna’ live interview on ‘Hiru’ anchored by Chamuditha Samarawickrema. The Presidential Secretariat Director General explained how those cases could be resumed again though being terminated on technical grounds.

Samarawickreme, one-time media head of President Maithripala Sirisena questioned the rationale in the dismissal of a spate of high profile cases initiated by the CIABOC and the Attorney General’s Department during the previous administration.

The new CIABOC comprises retired Supreme Court Justice Eva Wanasundera, retired Court of Appeal Justice Deepali Wijesundera and retired DIG and one time Chief of State Intelligence Service during the previous Rajapaksa administration Chandra Nimal Wakishta.

The new commission has been constituted in terms of the 20th Amendment enacted last October by President Gotabaya Rajapaksa hitherto shared with the Parliament and the judiciary.

The CIABOC dropped all charges against former lawmaker and Foreign Ministry Monitoring MP Sajin Vass Gunawardena pertaining to Mihin Lanka case. That particular case dealt with misappropriation of public funds amounting to Rs 883 mn.

The other persons freed included one-time Eastern Province Chief Minister Sivanesathurai Chandrakanthan alias Pilleyan (now MP backing the SLPP), Minister Johnston Fernando, Minister Rohitha Abeygunawardena, Minister Basil Rajapaksa, Minister Mahindananda Aluthgamage, Minister Janaka Bandara Tennakoon and former Chief Justice Mohan Peiris. The former CJ received appointment as Sri Lanka’s top representative at the United Nations in New York.

Asked to explain the status of follow-up action on report of the Presidential Commission of Inquiry into Political Victimization (2015-2019), Rohanadeera pointed out the appointment of a Special Presidential Commission of Inquiry (PCoI) to go into the report. The P CoI comprises Supreme Court Judges Dhammika Priyantha Samarakoon Jayawardena, Hema Kumuduni Wickramasinghe and Court of Appeal Judge Sobhitha Rajakaruna.

Reference was also made to the recommendations made by Presidential Commission of Inquiry into Political Victimization pertaining to deprival of civic rights of politicians’ et al.

Rohanadeera declined to comment on the status of parliamentary proceedings and follow-up action pertaining to the report submitted by the Commission. Denial of civic rights has been made against Rajitha Senaratne (SJB), Patali Champika Ranawaka (SJB), R. Sampanthan (TNA), M.A. Sumanthiran (TNA), Anura Kumara Dissanayake (JVP), the late Mangala Samaraweera (former lawmaker), Ravi Karunanayake (former lawmaker), Ajith P Perera (former lawmaker), Arjuna Ranatunga (former lawmaker), Ranjan Ramanayake (former UNP lawmaker, now in remand for contempt of court), Ranil Wickremesinghe (UNP Leader), Sarath Fonseka (SJB), Rauff Hakeem (SLMC), Malik Samarawickrema (former lawmaker), J.C. Weliamuna, PC (former High Commissioner to Australia), Jayampathi Wickremaratne , PC (former lawmaker), Wasantha Navaratne ,PC, Thusith Mudalige ( Additional Solicitor General, AG’s Department), Upul Jayasuriya,PC, Dilrukshi Dias Wickramasinghe, PC (former Solicitor General), Janaka Bandara (Senior State Counsel AG’s Department), Shani Abeysekera (SSP, Former CID Director) B.S. Tissera (ASP,ex- CID), Ravi Waidyalankara (SDIG FCID), Nishantha Silva ( IP, ex- CID OIC), Ravi Seneviratne (SDIG, ex- CID), Ravindra Wijeguneratne( Admiral, ex- Navy Commander), JJ Ranasinghe (Rear Admiral SLN), Prasad Kariyawasam (ex-Foreign Secretary), Ravinatha Aryasinha (Ambassador in Washington), Saman Ekanayake (ex-Secy to PM Wickremesinghe), S.A. Khan (ex-Ambassador to the UAE) and C.A.H.M. Wijeratne ( Former Director General Legal, MFA and Ambassador for Sri Lanka to Poland).

Rohanadeera also dealt with several other issues, including the contentious issue of making vaccination compulsory as part of the overall government response to raging Covid-19 pandemic.

The top official strongly backed the measure in line with what he called doctrine of necessity. Pointing out the Director General of Health Services (DGHS) Dr Asela Gunawardena enjoyed the legal right to decide on such matters, Rohanadeera said that anyone opposed to mandatory vaccination could move the Supreme Court.

General Shavendra Silva, who is the head of the Covid-19 Task Force, recently declared that those visiting public places would be asked to produce vaccination certificate from Sept 15.

Acknowledging the freedom of speech and the right to dissent and protest, the attorney-at-law emphasized the responsibility on the part of the people to follow the health guidelines or prepare to face the consequences.

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Geneva takes up Sallay’s case and govt. ignores opportunity to answer accusations

Published

16 hours ago

2026/10/5

Thilina Walpola

Suresh Sallay

The government has chosen not to respond to questions raised by the United Nations Human Rights Council (UNHRC) regarding the detention of retired Maj. Gen. Suresh Sallay in connection with the ongoing investigations into the 2019 Easter Sunday attacks.

The Criminal Investigation Department (CID) arrested the ex-official in late February this year. The Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, the Working Group on Arbitrary Detention, the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health and the Special Rapporteur on the independence of judges and lawyers have jointly raised the issue on 20 July, 2026.

Drawing attention of President Anura Kumara Dissanayake to what they called alleged arbitrary detention of Sallay, former Director General of the State Intelligence Service (SIS) and former Director of Military Intelligence (DMI), under the Prevention of Terrorism Act (PTA), as well as allegations of torture and other cruel, inhuman or degrading treatment while in custody, resulting in the grave deterioration of his health, and imminent risks of retaliation through further torture and ill-treatment resulting in irreparable harm, should he be released from hospital and returned to custody, the UN sought the government explanation with a 60-day period.

The UN has stated: “This communication, and any response received from your Excellency’s Government, will be made public via the communications reporting website at the 60 days mark. Should your Excellency’s Government respond within 60 days, both the communication and the response, may be published before the 60 days mark. The communications and responses

will also be made available in the subsequent periodic report to be presented to the Human Rights Council.”

In the absence of the government’s response, the UN posted the letter, dated 20 July, 2026, addressed to President Dissanayake. The full letter can be accessed https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=31125

News

Section of wartime KKS High Security Zone vacated to facilitate economic development in the area

Published

16 hours ago

2026/10/5

Thilina Walpola

The Army, last week, vacated an area, within the wartime high security zone in the Jaffna peninsula. The Defence Ministry said that an extent of 187.56 acres of land, belonging to the Cement Corporation in Kankesanthurai, Jaffna, has been released by the military. The released land, located in Grama Niladhari Division J/233, Kankesanthurai West, within the Valikamam North (Tellippalai) Divisional Secretariat Division, had been utilised by the Sri Lanka Army since the middle of 1997.

The release of the 187.56-acre extent forms part of the initiative to make State land available for the proposed investment zone in Kankesanthurai, thereby facilitating future investment and economic development in the area.

News

Lawyer lodges complaint against Govt. Printer, Media Ministry Secy.

Published

16 hours ago

2026/10/5

Thilina Walpola

A complaint has been lodged with the Colombo Fraud Investigation Bureau against the Government Printer and the Secretary to the Ministry of Media regarding the online release of falsified documents bearing a forged Speaker’s certificate.

Attorney-at-Law Aruna Laksiri has lodged a complaint with the Colombo Fraud Investigation Bureau requesting legal action against the Government Printer of the Department of Government Printing (No. 118, Dr. Danister de Silva Mawatha, Colombo 08), Prasanna Jayaratne, and the Secretary to the Ministry of Mass Media (Asidisi Medura, 163, Kirulapone Mawatha, Polhengoda, Colombo 05), Dr. Anil Jasinghe.

The complaint alleges the commission of offences by forging and uploading falsified documents online using a forged Speaker’s certification, failure to perform statutory duties, and misappropriation of public property.

The complaint states that a copy of the English translation of the 22nd Amendment to the Constitution was downloaded and printed from the official website of the Government Printing Department (www.documents.gov.lk), which operates under the Ministry of Mass Media. On its outer cover and on page 1, the text “certified on 25th of September, 2026” is inscribed inside brackets.

The complaint pointed out that the Speaker has certified an English translation. Under Articles 23, 79, 83, and 80 of the Constitution, Parliament enacts laws and the Speaker certifies bills strictly in the Sinhala and Tamil languages; under the Constitution, therefore the Speaker cannot apply such certification to an English translation.