News
Customs spokesman rejects COPA concerns
By Shamindra Ferdinando
Senior Director of Customs Seevali Arukgoda strongly defended Customs Officers’ Management and Compensation Fund (COMCF) taking 70% of total penalty imposed on public or private sector wrongdoers. The fund is believed to be the largest of its kind in the country.
Arukgoda, who also functions as the Customs spokesperson, insisted that 20% of their share was spent on foreign training for Customs officers, rewards for officers as well as informants and police and security forces personnel responsible for successful detections. The Customs spokesperson said so when The Island sought his response to parliamentary watchdog Committee on Public Accounts (COPA) expressing concern over the government receiving only 30% of the penalty. COPA has been pushing for speedy collection of taxes as the country struggles to meet IMF conditions pertaining to revenue targets.
The COPA pointed out that the 70:30 ratio applied to all penalties imposed on offenders. The all-party committee has asserted that the ratio that had been decided by stakeholders wasn’t fair. Arukgoda pointed out that COMCF provided funds for various needs that should have been otherwise met by the government, and that, too, should have been taken into consideration. Therefore, it wouldn’t be fair to assert that the entire sum was utilised by the Customs rewards’ scheme, Arukgoda said, adding that even the Supreme Court endorsed the operation of that scheme.
Referring to just one incident out of about two, over so many years, the killing of Assistant Superintendent Customs Sujith Prasanna Perera on March 24, 2001 in the Kelaniya police area, Arukgoda said that the fund was meant to assist families of officers in such instances. The fund managed by Customs is subjected to scrutiny by the Treasury and the Auditor General’s Department.
COPA recently questioned the rationale behind Customs taking 70 percent of the Rs 205 mn fine imposed on the government managed venture Lanka Coal Private Limited for furnishing false data when an additional Rs 187 mn VAT (Value Added Tax) could have been imposed instead. Had that been done, the entire sum would have been credited to the Treasury, COPA said. The House asserted that instead of imposing additional VAT after the detection of the offense, Customs imposed a penalty to secure 70% of the penalty.
Arukgoda stressed that the operation of the fund was in line with the law and accepted by all stakeholders. The Customs spokesperson asserted that there was no need to alter the operation of the fund or the method of its funding.
When the top management of the Customs was questioned by the parliamentary watchdog on this matter during a recent meeting in Parliament, officers claimed that they were engaged in discussions with the Treasury to prevent the recurrence of such incidents, according to the statement issued by Parliament.
Responding to further queries, the Customs spokesperson maintained that they couldn’t treat the public and private sector differently. “Some have suggested that state sector enterprises be exempted from penalties. But that cannot be done unless the government amended the relevant laws and regulations,” the outspoken official said, while disclosing that there were other cases involving the Sri Lanka Telecom, Sri Lanka Ports Authority, Ceylon Electricity Board as well as Lanka Coal Pvt. Ltd.
When The Island raised this matter recently at the Presidential Media Centre, State Finance Minister Ranjith Siyambalapitiya said that the Treasury was engaged in a dialogue with Customs in this regard. The Minister said that the issue at hand should be discussed taking into consideration the overall picture.
The minister added that the government was taking appropriate measures to streamline revenue collection. The Minister explained the continuing difficulties experienced by the government in collecting taxes, penalties and interests with over Rs 700 bn tied up in legal cases. The Kegalle district lawmaker said that Rs 943 bn categorized as uncollected taxes according to latest available reports pertained to cases pending the past 20 years.
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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