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EC Chief: Time not opportune for election; interim administration need of the hour
By Shamindra Ferdinando
Chairman of the Election Commission (EC) Nimal Punchihewa says extremely violent public reaction to Monday’s mob attacks, on those who had been demanding the resignation of the government for over a month, is a grave warning to political parties, represented in Parliament.
In a brief interview with The Island, Attorney-at-Law Punchihewa emphasised the urgent need for political, electoral and constitutional reforms to address the issues at hand.
One-time member of the Human Rights Commission (HRC), Punchihewa stressed Parliament had to fulfill its mandatory obligations.
“Financial discipline and enactment of laws are of pivotal importance. Such measures cannot be delayed further against the backdrop of widespread of violence against lawmakers. Parliament needs to take tangible measures to restore public confidence in democracy,” Punchihewa said.
Punchihewa insisted that violence couldn’t be condoned under any circumstances. Referring to acts of violence, including the setting fire to the Jaffna library on May 31 1981, and the July 1983 riots, Punchihewa said that political parties represented in Parliament should act decisively now, or face the consequences.
Asked to comment on organised attacks on the houses some lawmakers, representing the ruling Sri Lanka Podujana Peramuna (SLPP) and the killing of Polonnaruwa District MP Amarakeerthi Atukorale, at Nittambuwa, Punchihewa said that those who had instigated violence against the protesting public had never expected such a violent reaction.
Countrywide protests reflected the public mood, Punchihewa said. Those who wielded political power never realised the transformation of utter public despair, over the economic fallout, to anger, he added. Had they realised the real crisis, the government wouldn’t have allowed unprovoked attacks on protesting public, he said.
The EC Chairman noted that even if Temple Trees had planned Monday’s meeting, it should have been cancelled in view of the declaration of a State of Emergency. Political parties should take measures as quickly as possible to bring in the much-delayed reforms, Punchihewa said, underscoring the need for transparency in campaign financing and introduction of a recalling system as practiced in many countries.
Responding to another query, Punchihewa said that the EC strongly believed the time was not opportune for a general election, and even before Monday’s calamity a general election wouldn’t have been feasible. Therefore, there should be a consensus on an all-party interim mechanism to govern the country, and tangible measures had to be adopted to address economic woes with a recovery plan being put in place before an election could be conducted, Punchihewa said.
It was regrettable that public opinion had turned against the political party system soon after the celebration of the 90th anniversary of universal franchise, the EC Chief said, recalling how a group of youth representing the Galle Face protesters had explained to EC members their stand on the current political situation. They had spoken on behalf of the voiceless who really experienced the rapid economic decline due to a combination of reasons-ranging from poor economic management to the Russian invasion of Ukraine.
The EC chief said that perhaps the EC should explore ways and means of working with the Human Rights Commission (HRC) to address the issues at hand. There was no point in denying the fact the political party system was in crisis.
Punchihewa pointed out that there had been several proposals from political parties as well as other groups, including the Bar Association of Sri Lanka (BASL) for resolving the crisis, and a consensus had to be reached on them fast. All stakeholders had to be flexible and ready to improve and modify proposals on the table as the country experienced the worst ever economic crisis that now threatened to disrupt supply chains, he added.
Punchihewa pointed out that no less a person than Speaker Mahinda Yapa Abeywardena had recently warned of a possible food shortage. That statement made in his capacity as the Speaker should be examined along with Finance Minister Al Sabry, PC’s confession in Parliament soon after his return from Washington, where Sri Lanka appealed for immediate IMF intervention.
According to Punchihewa, the EC had submitted its proposals to President Gotabaya Rajapaksa as well as Romesh de Silva, PC outfit that recently finalized the draft constitution. Punchihewa said that all those concerned should act fast. The BASL could play a significant role in the overall process to restore political stability, Punchihewa said, warning further delay in consensus among political parties both ion and outside parliament would encourage lawlessness.
EC Chairman said that club-wielding youth checking vehicles on Monday in many parts of the country underscored hitherto unknown danger.
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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