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EC Chief says not informed of LG polls postponement

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SLPP Gen. Secy: Cabinet approval awaited; PAFFREL says move disastrous

By Shamindra Ferdinando

Election Commission Chairman Nimal Punchihewa, yesterday (24) said that in spite of recent media reports as regards the controversial government decision to put off scheduled Local Government polls, the EC hadn’t been informed so far.

Attorney-at-law Punchihewa said so in response to The Island query whether the EC had suspended ongoing preparations for LG polls scheduled to be conducted before 20 March, 2022.

The EC requires about four months to prepare for LG polls, the Elections Chief said, adding that he recently briefed the Special Parliamentary Select Committee (PSC) on Electoral Reforms chaired by Chief Government

Whip Dinesh Gunawardena, MP, regarding their preparations for the forthcoming polls.

The EC consists of Nimal G. Punchihewa, S.B. Divaratne, M.M. Mohamad, K.P.P. Pathirana and Ms. P.S.M. Charles.

The EC Chairman acknowledged that he perused statements issued by Provincial Council and Local Government State Minister Roshan Ranasinghe regarding the polls postponement. However, the relevant State Ministry or the cabinet of ministers hadn’t so far informed the EC of its decision.

Last Local Government polls were conducted on Feb 10, 2018. The Sri Lanka Podujana Peramuna bagged the vast majority of 341 Local Government bodies at that election. Local Government polls are held every four years.

SLPP General Secretary Sagara Kariyawasam, MP, yesterday told The Island that the relevant cabinet paper had been submitted to the cabinet of ministers. Once approved, the EC would be informed, Attorney-at-Law Kariyawasam said.

Punchihewa said that the government enjoyed the constitutional power to put off Local Government polls up to one year. Responding to another query, the former member of the Sri Lanka Human Rights Commission said that the law permitted the government to postpone Local Government elections.

State Minister Ranasinghe is on record as having said that the growing threat posed by new Covid-19 variant omicron compelled the government to postpone scheduled elections.

Polls monitoring body PAFFREL said that whatever the reasons attributed to the polls postponement it was clear political reasons prompted the government decision. Executive Director, PAFFREL, Rohana Hettiarachchi said that previous administrations, including yahapalana resorted to postponement of elections. Hettiarachchi strongly advised against putting off elections as the country celebrated 90 years of franchise. Such strategies were nothing but an affront to the voting public, Hettiarachchi said, drawing the attention of the government to the importance of knowing public reaction to its policies. The failure to do so would be catastrophic, Hettiarachchi said, recalling how previous postponement of elections destabilized the country.

Hettiarachchi urged the government to face the scheduled elections or face the consequences.

The prominent civil society activist said that postponement of elections at any level would never give an advantage to the party in power.

Political sources said that the SLPP proposal to put off polls hadn’t been discussed among constituent members of the ruling coalition. Sources said that over two years after the last presidential election in Nov 2019 the coalition was yet to set up a mechanism to discuss policy matters and the ongoing dispute between the SLPP and a section of the constituents further deteriorated the situation.

Former Communist Party General Secretary Dew Gunasekera said that the move to put off Local Government polls should be examined against the backdrop of a spate of contentious issues ranging from fertilizer fiasco to Yugadanavi deal. The ex-minister said that the situation was extremely critical particularly due to the unprecedented crisis in debt servicing. The political environment underwent total transformation over the past 18 months, the veteran politician said, asserting that some might have felt election at any level would be disadvantageous to the ruling party.



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Gnanasara Thero absconding after SC ruling

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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.

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House to debate 22A, Judicature Bill next week

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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).

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Wrong house targeted in underworld grenade attack: Two children killed

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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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