News
Ex-COPE head questions Prez Secy’s intervention in coal scam probe
“Auditor General’s reports a matter for Legislature not the Executive”
Former Chairman of the Committee on Public Enterprises (COPE) Charitha Herath has said it is the COPE, and not the Secretary to the President, that should have asked the CID to probe irregularities in the procurement of coal for the Lakvijaya power plant.
Dr. Nandika Sanath Kumanayake, who is the Secretary to the President, lodged a complaint with the CID last week seeking an investigation into coal procurement.
No previous Secretary to a President had done so, the former parliamentarian and the Samagi Jana Balawegaya (SJB) Working Committee member said. Herath said so responding to The Island query regarding Kumanayake calling for a probe into coal procurement, since 2009, following the National Audit Office (NAO) report on the controversial procurement process for the 2025/2-26 period.
Herath emphasised that COPE, taking into consideration the growing discontent over coal procurement, especially after the NAO exposed serious irregularities, should have initiated action. Herath cited the National System Operator’s (NSO) seeking an additional electricity tariff increase of 15%, in addition to 10% increase announced on 01 April, for the second quarter, to cover-up Rs 16 bn deficit in power generation, as a matter of grave concern. NSO has cited the prevailing dry weather, the continuing crisis in West Asia, and the low-grade coal that had been procured as primary reasons for the unanticipated shortfall in electricity generation.
Herath said that as the Secretary to the Ministry concerned was the Chief Accounting Officer, the actions of the Secretary to the President caused a technical issue. Prof. Udayanga Hemapala, now under a cloud over the violation of procurement procedures, as confirmed by the NAO, is the Secretary to the Energy Ministry. Herath emphasised the importance of the procedure adopted in appointing a Secretary to a Ministry. “President issues one letter making the appointment. Secretary to the Finance Ministry issues a second letter underscoring the responsibilities of a Ministry Secretary as the Chief Accounting Officer of a particular Ministry,” Herath said.
The second letter emphasised the accountability on the part of the Ministry Secretary regarding public finance and his direct answerability to Parliament.
The ex-COPE Chief pointed out that the Secretary to the President was part of the executive. He was not part of the legislature. If there had been a directive from COPE, that should have been issued to the Secretary to the Energy Ministry, Herath said, emphasising the entire process had to be led by the legislature not the executive. In this instance to make matters worse the finger is also pointed at the executive for being part of the alleged cover up.
The Auditor General, who heads the NAO, is answerable to Parliament, Herath said, pointing out that the AG never sent reports to the Secretary to the President, who, too, comes under the purview of the NAO. The intervention made by the Secretary to the President could set a very bad precedent and it was unfortunate that the NPP, having campaigned on an anti-corruption platform at national elections in 2024 was now struggling to cope up with the major post-Aragalaya coal scandal.
The NAO undertook the examination of the 2025/2-26 coal procurement on a request made by Dr. Nishantha Samaraweera, Galle District lawmaker, representing the ruling NPP.
Lakvijaya, the country’s sole coal power plant, situated at Norochcholai, requires approximately 2.25 mt million annually and is credited with generating 30% to 40% of the overall national electricity requirement.
According to the NAO report, the Energy Ministry had awarded the term tender for the supply of coal to India’s Trident Chemphar Ltd., though it wasn’t properly registered. The NAO also pointed out the failure on the part of the supplier to follow proper procedure in respect of loading and unloading at respective ports.
Herath said that intentionally, or inadvertently, the NPP had erred in handling the investigation. He said after receiving the NAO’s report, COPE could have averted unnecessary controversy by following the laid down procedures. The COPE Chairman could direct the Energy Secretary to inquire into the coal procurement within seven days and submit a report to Parliament. In addition, if there had been any wrongdoing on the part of officials, relevant documents/files should be sent to the CIABOC or the CID.
The COPE, in consultation with the Speaker, could also take up in Parliament as an urgent/emergency issue at the onset of the proceedings, Herath said, adding that an interim report could be presented. On the basis of that report, in terms of the Standing Orders the Parliament could immediately decide to send it to the CID.
In addition to the above mentioned procedures, the COPE could on its own initiate a fresh inquiry and submit a report to Parliament and the country, Herath said. Pointing out that the coal company comes under the purview of the executive and not the legislature, Herath said that actions of the executive could be investigated. Herath explained how the British and the US responded to such situations. Unfortunately, here in Sri Lanka apparently the COPE was being used to clear the Minister concerned while holding the officials responsible for the coal scandal.
In the wake of the NAO report signed by Auditor General Samudrika Jayarathne, the defeat of the no-confidence motion moved against Energy Minister Kumara Jayakody couldn’t be considered a victory for the government, the ex-MP said. In fact, the coal scam has challenged the NPP’s much propagated anti-corruption stance, Herath said, adding that the issue couldn’t be examined without discussing the Energy Minister being indicted over corruption by the Colombo High Court recently.
By Shamindra Ferdinando
News
Lanka enters new phase of prosecutions as hurdles clear
MONETABRIEF –The prosecution of high-profile individuals from the former Rajapaksa administrations is set to escalate this month with the clearing of legal hurdles and administrative bottlenecks, according to officials involved in the process.
Former president Gotabaya Rajapaksa’s attempt to secure an order preventing his arrest in connection with the Easter Sunday massacre was turned down by the Court of Appeal on Thursday.
An overseas travel ban has been in operation against Rajapaksa since June, but the Criminal Investigations Department made no move to question him. He instead filed a writ application seeking an order preventing his possible arrest.
President of the Court of Appeal Rohantha Abeysuriya noted that the court would not interfere with the investigative process. Any attempt by the court would amount to an obstruction of the investigation.
In an unrelated case, the same court rejected an application by opposition legislator Dilith Jayaweera seeking the quashing of a contempt charge filed against him by the Fort magistrate. The charges against Jayaweera and a few other opposition politicians are expected to be taken up in the coming week.
Jayaweera and other opposition politicians — Wimal Weerawansa, Udaya Gammanpila, Sugeeshwara Bandara, and Asanka Navaratne
— were hauled up over their remarks relating to the arrest of Suresh Sallay, the former head of the State Intelligence Service.
SLPP academic Mahinda Pathirana is also charged over his public comments about Sallay’s arrest in February under the draconian Prevention of Terrorism Act.
Former president Mahinda Rajapaksa’s son, legislator Namal Rajapaksa, is already in remand custody following his arrest in connection with three cases of bribery and money laundering relating to the 2013 Airbus deal and the Krrish property development in Colombo.
Although Namal has been granted bail in the Airbus money laundering charge, he is in custody until October 13 over the bribery charge relating to the same Airbus transaction. His arrest is under a provision of the Anti-Corruption Act that does not allow a magistrate to grant bail unless under exceptional circumstances.
Meanwhile, his mother Shiranthi Rajapaksa, who had been asked to report to the Financial Crimes Investigations Division on September 24, was a no-show and was yet to return from Singapore.
She had travelled overseas on September 16, and a family spokesman said she was handed the FCID summons at the departure lounge of Bandaranaike International Airport just before she boarded a flight to Singapore.
At the time, the family spokesman said she was due to return in three days.
“We will see greater momentum in the legacy cases in the coming weeks,” an official involved in the prosecutions said.
“We have cleared the legal hurdles to press ahead with more arrests,” he said.
“We are working on a few administrative issues which will be resolved very soon.”
The controversial prosecution of former President Ranil Wickremesinghe is dragging on without him being formally indicted since his arrest in August last year. The Fort magistrate has listed the case again for November 11, when the Attorney-General is expected to report on his decision regarding action against Wickremesinghe.
News
Police warn: Court evaders face property seizure
Police have reminded the public that courts have the power to take legal action against individuals who evade arrest or remain in hiding after warrants have been issued against them.
Police said that under Section 60 of the Code of Criminal Procedure Act No. 15 of 1979, a court could issue a written proclamation requiring a person evading arrest under a warrant to appear at a specified place and time.
The proclamation must allow the person at least 30 days to appear before court, Police said.
If the person fails to appear even after the proclamation has been issued, the court may take further action under Section 61 of the Act.
This includes issuing an order for the attachment of the movable or immovable property belonging to the person concerned.Police issued the reminder highlighting the legal measures available against persons who deliberately evade arrest and remain in hiding after warrants have been issued.
News
Nearly 20 Iranian tankers stranded off Lanka amid US sanctions
Around 20 Iranian oil tankers are reportedly stranded about 15 nautical miles off Sri Lanka’s southwestern coast, with several vessels facing shortages of food, fuel and fresh water amid tightening US sanctions and maritime restrictions, The Wall Street Journal reported.
According to the report published on Thursday (1), US officials have in recent weeks urged Sri Lanka to prevent local vessels from supplying essential provisions to the tankers and their crews.
The report, citing Sri Lankan Government documents and companies involved in supplying the vessels, said the US had raised concerns over assistance being provided to the sanctioned tankers.
The situation follows the United States’ decision to reimpose a maritime blockade of the Strait of Hormuz in July, which has reportedly left dozens of Iranian and Iran-linked tankers involved in transporting sanctioned oil to China stranded near Asian countries, including Sri Lanka and Malaysia.
Most of the vessels are reportedly empty tankers that had previously transported Iranian crude to Asia, often through ship-to-ship transfers, before preparing to return to Iran for additional cargo.
The WSJ reported that the US Embassy had warned Sri Lanka in August that it was monitoring 19 Iranian tankers off the country’s western coast and had raised the possibility of secondary sanctions against companies providing services to sanctioned vessels.
Sri Lankan authorities have maintained that the vessels are located outside the country’s 12-nautical-mile territorial waters and that the Government is not providing them with logistical assistance.
Meanwhile, shipping companies told the WSJ that obtaining approval to supply essential items, including food, drinking water and fuel, as well as repair services, to the Iranian vessels had become increasingly difficult.
Separately, Reuters reported in late August that 27 sanctioned Iran-linked tankers were waiting off Sri Lanka without cargo.
The Trump administration has also imposed additional sanctions on Iran and warned countries and companies trading with Tehran of potential consequences, as Washington seeks to pressure Iran to make concessions amid the ongoing conflict.
Similar concentrations of Iranian-linked tankers have been reported off Malaysia, where waters have historically been used for ship-to-ship transfers of Iranian crude destined mainly for China.
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