Midweek Review
Field Marshal breaks a long silence on Tamil vote at 2010 prez poll
By Shamindra
Ferdinando
Field Marshal Sarath Fonseka last Wednesday (19) explained why the Tamil electorate voted for him at the January 26, 2010, presidential election. The explanation coincided with the low-key 12th anniversary of Sri Lanka’s triumph over the Liberation Tigers of Tamil Eelam (LTTE). In other words, Sri Lanka’s most successful Army Chief emphasized how he won the hearts and minds of the Tamil community.
Fonseka said so in Parliament after Samagi Jana Balavegaya (SJB) and Opposition Leader Sajith Premadasa asked for time on behalf of Fonseka. Premadasa wanted the former minister given time to speak on Sri Lanka’s triumph.
Having thanked the then Defence Secretary Gotabaya Rajapaksa (now President), the then President Mahinda Rajapaksa (now Prime Minister) and other services and the Police as well as the Civil Defence Force (CDF), Gampaha District lawmaker Fonseka declared: THE PEOPLE OF THE NORTH AND EAST VOTED FOR HIM WITHOUT HATRED BECAUSE OF THE RESTORATION OF PEACE IN THE ENTIRE COUNTRY.
Why did MP Fonseka make such an assertion 12 years after the war? What prompted him to say so? Most importantly, was he telling the truth? Did the Tamil electorate really vote for him because of his role in the eradication of the LTTE? Lawmakers haven’t responded to Fonseka so far. The civil society, too, has remained mum.
Let me discuss the post-war national reconciliation process, taking into consideration three statements made in Parliament on May 18th (Premier Mahinda Rajapaksa) and on May 19th and 20th (Sarath Fonseka). Having declared that those who spearheaded the war against the LTTE never followed genocidal strategies, Premier Rajapaksa thanked the war time service commanders. Twice President Rajapaksa mentioned Field Marshal Fonseka first. On the following day, MP Fonseka didn’t mince his words when he appreciated the services rendered by the Rajapaksas. Having thanked the President and the Prime Minister, lawmaker Fonseka claimed why the Tamil community backed him at the 2010 presidential election. MP Fonseka zeroed in on Rear Admiral (retd) Sarath Weerasekera on the next day. MP Fonseka sought to isolate Public Security Minister Weerasekera by declaring that even the Rajapaksas recognized the services by him (Fonseka).
Actually, why did the Tamil community vote for Fonseka whose Army literally eradicated the LTTE militarily in the battlefield in May 2009. The failure on the part of the LTTE rump to regroup since then in spite of unlimited funding sources and a section of the international community backing them is a huge credit to the armed forces as well as the political leadership. Obviously, those who survived the war (including the rehabilitated lot) lost their will to take up arms again having succumbed to the combined security forces onslaught. Fonseka’s Army brought the war to an end following nearly a three-year long relentless campaign. However, that wouldn’t have been possible if not for the significant contributions made by the Navy and the Air Force, in support of the ground offensives, in addition to strategic actions directed at the LTTE. Wasantha Karannagoda and Roshan Goonetileke, received promotions as the Admiral of the Fleet and Marshal of the Air Force, respectively, in recognition of the services rendered during the war.
There hadn’t been a previous instance of Fonseka appreciating the role played by the Navy due to his personal animosity towards Karannagoda during the war and thereafter. Some, however, say that the rivalry between the two actually originated at their alma mater, Ananda College, Colombo, due to both of them being talented and ambitious in their own right. But, Karannagoda, in his memoirs, titled ‘Adhistanaya’, lucidly explains the circumstances leading to the crisis.
Anyway, lawmaker Fonseka’s brief but timely speech delivered on the day his Army brought the war to an end, 12 years ago, should be appreciated.
A calculated risk
Actually, why did the UNP pick Fonseka as the common candidate? In the aftermath of the eradication of the LTTE, in 2009, the UNP had no option but to accept Fonseka as the common candidate, particularly against the backdrop of the war-winning General making covert moves in that direction. The UNP-led Opposition strategy was primarily meant to deprive President Mahinda Rajapaksa the advantage of the unbelievable (in the eyes of the powerful West that insisted on the invincibility of the Tigers in battle) war triumph. There couldn’t have been a better choice than Fonseka though the Opposition leadership quite correctly realized how the inclusion of the LTTE’s sidekick Tamil National Alliance (TNA) in the grouping distanced the Southern electorate. Fonseka, however, remained silent until the last moment.
Fonseka didn’t mince his words when the media, on July 15th 2009, raised the possibility of his entry into active politics. The writer was among those who had been present at the media briefing called by General Fonseka, in his new capacity as the Chief of Defence Staff (CDS) at the Joint Operations Headquarters (JOH) within the Army Headquarters premises. Fonseka declared he would never seek a political career. The war veteran said that he wouldn’t want to lose his popularity within 24 hours by taking to politics. The former Army Chief recalled the fate of his senior colleagues, Major General Lakshman Algama and Major General Janaka Perera, both of whom perished in LTTE suicide attacks on election platforms (Gen Fonseka: Lanka ready for fresh UN commitments, with strap line, CDS rules out political career – The Island, July 16, 2009). The LTTE assassinated Gemunu Watch veteran Algama on Dec 18, 1999 at an election rally in Ja-Ela held in support of UNP Presidential candidate Ranil Wickremesinghe, whereas Commando veteran Perera perished on Oct 06, 2008 in Anuradhapura at an event related with PC polls in which he contested as the Chief Ministerial candidate of the North Central Province.
Nothing could be further from the truth than Fonseka’s recent declaration in Parliament that those living in the northern and eastern regions voted for him because of the restoration of peace therein? The Tamil electorate never accepted Fonseka’s role as the Commander of the Army and repeatedly accused him and his Army of genocide, especially after the crushing defeat of the LTTE.
There cannot be any dispute over that. Having recognized the LTTE as the sole representative of the Tamil speaking people, way back in 2001, the TNA wouldn’t have accepted Fonseka if the outfit wasn’t convinced that only the former Army Commander could have challenged the immensely popular Mahinda Rajapaksa at that time.
The plan received the wholehearted backing of the West and especially the US, though the then US Ambassador in Colombo, Patricia Butenis, in a confidential dispatch from Colombo, subsequently exposed by Wikileaks, categorized Fonseka as a war criminal along with President Mahinda Rajapaksa, Defence Secretary Gotabaya Rajapaksa and lawmaker Basil Rajapaksa. The diplomatic missive, dated January 15, 2009, held the above-mentioned leaders responsible for war crimes. In spite of that, the US threw its weight behind Fonseka, perhaps initiating the move itself as the only viable political strategy to defeat the hugely popular war, winning Mahinda Rajapaksa securing a second term.
Neelakandan’s dilemma
It would be pertinent to mention what the then President of the All Ceylon Hindu Congress (ACHC) late lawyer Kandiah Neelakandan told the writer during a visit to Cheddikulam, Vavuniya, on January 09, 2010, organized on the instructions of the then Justice and Law Reforms Minister Milinda Moragoda. Among those who had been present were one-time Bank of Ceylon Chairman Rajan Asirvatham, a member of the government negotiating team for talks with the LTTE in 1994-1995 and Gamini Godakanda on Minister Moragoda’s staff. The visit coincided with President Rajapaksa’s releasing a group of rehabilitated ex-LTTE cadres at Cheddikulam. Asked how he felt the TNA joining the UNP-led alliance backing Fonseka’s candidature at the presidential election, Neelakandan confided that the Tamil community had been asked to vote for the man who conducted the actual war in a bid to defeat the one who gave that directive. Neelakandan confessed that the Tamil community was in a deepening dilemma. Moragoda, now our High Commissioner to India, secured the assistance of the ACHC and other like-minded persons as part of the overall efforts to win the confidence of the Tamil community (Have faith in me – President tells ex-LTTE combatants, The Island, January 10, 2010). President Rajapaksa visited Vavuniya then just over two weeks before the presidential election with him contesting for a second term.
But, obviously, the Tamil community knew what the TNA expected of them. The TNA declared its support for Fonseka’s candidature and the northern and eastern provinces responded accordingly. Fonseka comfortably won all northern and eastern districts though the South delivered a massive blow to the war-winning Army Chief. The then incumbent President defeated Fonseka by over 1.8 mn votes. The US-approved political strategy failed. The failed project caused catastrophe. In fact, the disintegration of the once powerful party, the UNP, began with the disastrous 2010 project. Perhaps, in its haste to bring the Rajapaksa era to an end, the grand old party gambled and gambled badly. What really went wrong? The UNP paid a huge price for not sincerely backing the war effort (August 2006-May 2009) and then exploiting differences between the Rajapaksas and Gen. Fonseka. A political alliance involving the Illankai Thamil Arasu Kadchi-led TNA, tainted by its murderous relationship with the LTTE, at the 2010 presidential election, boomeranged. The UNP and even General Fonseka ignored how the LTTE-TNA coalition at the 2005 presidential election ensured UNP candidate Ranil Wickremesinghe’s defeat. If not for the LTTE-TNA prevailing on Tamils not to vote for Wickremesinghe, the UNP Leader would have won the election hands down.
Wickremesinghe contested the 2005 presidential election on the UNP ticket. A UNP-led coalition fielded presidential candidates on the New Democratic Front (NDF/symbol swan) at the 2010 (General Sarath Fonseka) 2015 (Maithripala Sirisena) and 2019 (Sajith Premadasa). Having engineered Wickremesinghe’s defeat at the 2005 presidential poll, the TNA backed candidates fielded by the UNP at the following three elections. The UNP suffered avoidable defeats due to its involvement with the TNA. The UK headquartered Global Tamil Forum (GTF) affiliated with the TNA, too, played politics with the government. The GTF had access to President Maithripala Sirisena during his first visit to the UK following the 2015 presidential election.
A statement issued by the influential Global Tamil Forum (GTF) to mark the 12th anniversary of the conclusion of the war revealed their strategies remained the same though the LTTE was no longer around. In spite of the TNA gradually losing its clout and the emergence of other political parties, the GTF seems pursuing the same strategy. Let me reproduce verbatim the relevant section of the GTF statement issued by Suren Surendiran: “Equally important is that the Tamil people and their leaders take stock of the challenges and opportunities in the present political climate and act strategically by forming partnerships with stakeholders across all communities in Sri Lanka and in the international community. The importance and urgency of securing pragmatic and tangible gains, with the objective of fulfilling the political and economic aspirations of the Tamil people, cannot be overstated.”
The UNP’s plight
If General Fonseka is genuine in his assessment that the Tamil community voted for him at the 2010 presidential election in appreciation for restoration of peace, why on earth the TNA pushed for an international war crimes probe. Fonseka cannot be unaware 13 Tamil lawmakers, including those who backed him at the 2010 presidential poll, sought international intervention at the 46th session of the Geneva-based United Nations Human Rights Council (UNHRC) in Feb-March this year. Perhaps Fonseka should seek an explanation from Tamil political parties in the Opposition why they pursued a war crimes probe against the backdrop of the Tamil electorate voting for him. That of course is only if Field Marshal is genuine in his May 19 assessment.
The UNP’s post-war strategy caused the deterioration of the party. The UNP/President Sirisena stratagem in accepting the TNA as the main Opposition party in Parliament with the connivance of then Speaker Karu Jayasuriya during the yahapalana administration at the expense of the Joint Opposition which commanded the support of much more MPs, elected on the UPFA ticket, at the 2015 general election, caused irreversible setback to the UNP in the eyes of the public. Unprecedented split in the UNP in the run-up to the last parliamentary election in August 2020 made matters worse for the party. Fonseka was among those who switched allegiance to the SJB. The badly depleted UNP, for the first time in its history, failed to win a single seat. The party ended up with just one National seat. Over eight months after the election, that seat remains vacant primarily because of the vacillation of its Leader and his stubbornness in holding onto the party leadership despite numerous polls defeats under his watch. The leadership is like an heirloom that he has inherited.
Why Fonseka accepted the TNA’s backing against the backdrop of its close relationship with the LTTE is a mystery. Having recalled the killing of Majors General Algama and Perera when he assumed duties as the CDS in July 2009, Fonseka quite conveniently forgot the TNA’s endorsement of the LTTE bid to assassinate Fonseka. If the LTTE succeeded in eliminating Fonseka in April 2006 and Defence Secretary Gotabaya Rajapaksa in Oct 2006, the war would have definitely taken a different turn as we have often reminded.
The recent passage of a Bill 104 in the Ontario Provincial Legislature that recognized that the Tamil community in Sri Lanka was subjected to genocide is a reminder of the growing threat posed by a section of the international community even though many of those powerful Western nations which are instigating the Tamil Diaspora have much blood in their own hands-leaving aside their recent grave criminal acts as in the Middle East, countries like the USA, Canada, Australia were created after committing many acts of genocide against natives of those lands. We also cannot forget the unforgivable crimes that have been committed against Negroes in the last five hundred years or more. They demanded and got compensation for Jews, but have they at least given even a proper apology for the grievous crimes committed against gypsies and blacks that they continue to perpetrate. It is as if not a week goes by in the USA without the extrajudicial gunning down of a black in the streets of that country by its law enforcers. Prior to 2020 the so called independent free media simply ignored such killings of blacks and other minorities running to hundreds each year. But last year as they wanted to target Trump the media suddenly picked up the Black Livers Matter cry, especially to get at right wing perpetrators of such crimes and their sympathisers in the Trump camp.
Field Marshal Fonseka represents the people in Parliament. Having commanded the successful Army, lawmaker Fonseka cannot under any circumstances play politics with the issue at hand. Parliament, too, as an institution should recognize high profile threatening Canadian project and how it could influence other countries and strengthen the ongoing Geneva inquiry.
Field Marshal Fonseka’s declaration that the Tamil community voted for him for the restoration of peace cannot certainly be accurate. Re-assessment of the ground situation is of pivotal importance as interested parties brazenly exploit the utterly corrupt political party system. The GTF’s advice to the Tamil speaking community and their leaders regarding political strategies is evidence of how the project is pursued. The bottom line is that those who once believed in the conventional fighting capability of the LTTE seem confident their political objectives could be achieved through constitutional means. They have the backing of the Western powers. Western backing for candidature like General Sarath Fonseka and Maithripala Sirisena at the 2010 and 2015 presidential polls, respectively underscored their strategy. Both the UNP and the SLFP paid a huge price for giving into the Western initiatives. At the end both political parties suffered irreversible setbacks. Who would have thought the birth of SJB and SLPP at the expense of the UNP and the SLFP, respectively? Today, both parties are in a sorry state with no hope in sight of a comeback.
The UNP seeking to bring the Mahinda Rajapaksa era to an end fielded Fonseka. For the UNP, it didn’t matter whether their presidential candidate was able at least to exercise his franchise. The then General’s inability to vote for want of him being registered as a voter was known only on the election day. Obviously the electorate was deceived. Having suffered a humiliating defeat, the UNP-led coalition, foolishly propagated the lie that the former Army Commander was defeated through what the losers called a computer jilmaart (manipulation). The JVP literally ran with the computer jilmaart lie. Today, the JVP has been reduced to three lawmakers in Parliament. Their group includes one National List MP (Dr. Harini Amarasuriya). At the height of its parliamentary power, the JVP group comprised 39 members of Parliament elected in 2004, including three National List members. In fact, all political parties involved in the 2010 coalition established to back Fonseka are in turmoil. The UNP has been reduced to one National List MP, the TNA to 10 and JVP three with two other constituents, the SLMC and the ALCM reduced to five and four members respectively. Perhaps a fresh look at political landscape is necessary against the backdrop of the passage of the Colombo Port City Economic Commission Bill.
We apologise to the readers for not touching on the burning topic plaguing the country, the coronavirus pandemic. We felt the readers need a break from the subject as the media is replete with the subject, day and night.
Midweek Review
Govt. failure to fill top two courts’ vacancies leaves Judiciary in a conundrum
The ruling NPP is in a deepening dilemma over a hotly disputed move to extend the retirement age of superior courts judges. The party is also under heavy fire for delaying fresh appointments to the superior courts consisting of the Court of Appeal and Supreme Court.
A section of the Opposition wants Speaker Dr. Jagath Wickremaratne to take up the inordinate delay in filling vacancies in the superior courts. The Bar Association of Sri Lanka, Colombo High Court lawyers, Lawyers Collective, as well as the Commonwealth Lawyers’ Union have criticised the government’s move.
By Shamindra Ferdinando
Sri Lanka Muslim Congress (SLMC) leader Rauff Hakeem, MP, recently expressed concern over the alleged way Balachandran Prabhakaran, 12-year-old son of LTTE leader Velupillai Prabhakaran was killed, in cold blood, on 19 May, 2009.
A section of the Tamil media highlighted Kandy District lawmaker Hakeem’s comments regarding the alleged way Balachandran, the youngest of the three children of Tiger Supremo, met his end. Prabhakaran himself was also killed on the same day.
What prompted MP Hakeem to raise a contentious but now largely forgotten issue! Both the Sinhala and English print and electronic media failed to report the SLMC leader’s comments. Some questioned the purpose in lawmaker Hakeem raising Balachandran’s death. Some even suggested a Tamil Diaspora hand in Hakeem’s unexpected interest in Balachandran’s death.
The Island obtained the video, released by the Parliament, of the SLMC leader’s 10-minute speech, delivered on 10 June. Reference to Balachandran’s killing had been made towards the tail end of his fiery speech that primarily dealt with President Anura Kumara Dissanayake’s continuing failure to fill existing vacancies in the Court of Appeal and the Supreme Court.
The deliberate and utterly contemptible holding up of judicial promotions, for whatever reasons, cannot be discussed without examining a disputed bid to introduce an amendment to the Constitution to increase the retirement age of the Judges of the Court of Appeal and the Supreme Court.
President Anura Kumara Dissanayake, the leader of two registered political parties, namely the Janatha Vimukthi Peramuna (JVP) and the National People’s Power (NPP), seems to be on a collision course with the Opposition. With a commanding 159 MPs in Parliament, meaning a 2/3 majority, Dissanayake can easily introduce the required amendment, regardless of protests. But, the electorate won’t like that dictatorial attitude. Those who exercised their franchise for Dissanayake and the NPP at the September 2024 and November 2024 national polls, respectively, wouldn’t expect them to adopt, what can be safely described as, a dogmatic approach.
Attorney-at-law and one-time Justice Minister Rauff Hakeem castigated the President and the ruling party, ahead of the joint Opposition action, to pressure the President to fill the vacancies. Their appeal to Speaker Dr. Jagath Wickremaratne in this regard can be also interpreted as a collective opposition to the proposed amendment to increase the retirement age of judges.
The SLMC group in Parliament consists of five MPs. Of them, three had been elected under the SLMC symbol (two elected and one on the National List) and two through the Samagi Jana Balawegaya (SJB), one of them on the latter’s National List.
Lawmaker Hakeem, who had served the Parliament for over 30 years, at the onset of his speech, questioned the sudden decision to bring in regulation to compel exporters to convert their export proceeds into USD. The SLMCer declared that such panic action was taken by the government in view of the rapid deterioration of the Rupee against the USD.
Commenting on the extension of the Emergency continuously, MP Hakeem alleged that it was done for the NPP’s own parochial purposes and the Opposition expected the government to discontinue the practice.
Then he dealt with the alleged move to extend the retirement age of top judges. Referring to Chief Government Whip Dr. Nalinda Jayatissa’s shameless declaration that the issue hadn’t been even discussed among the government. The ex-justice Minister, however, disputed Jayatissa’s claim made at the post-Cabinet media briefing, while highlighting the statements issued by the Bar Association, Colombo High Court Lawyers’ Association. In addition, the Lawyers’ Collective and the Commonwealth Lawyers’ Association strongly opposed the alleged move. In spite of the Cabinet spokesman’s denial, Justice Minister and Attorney-at-Law Harshana Nanayakkara, in his comments on the issue, indicated that the matter was under discussion. In fact, Nanayakkara mentioned a comparatively higher retirement age of top judges in other countries to support the NPP’s controversial and unnecessary move.
Obviously, the NPP is not talking in one voice.
Rauff takes a strong stand
Emphasising that he addressed the issue at hand as a member of the BASL, Hakeem pointed out that there were four vacancies, each in the Court of Appeal and the Supreme Court, for the past six months. The SLMC leader said: “The President has failed in his constitutional duty to nominate judges for promotion. From the High Court to the Court of Appeal and from the Court of Appeal to the Supreme Court. By denying the rights of the judges, undue pressure is being brought on them. What will happen? This very President, when he was in the Opposition, when the previous Presidents failed to gazette the names decided on by the Constitutional Council, he made a big protest. Several times he spoke about this very vociferously in the House. But, since becoming the President, he has not nominated any names. Very clearly, the 21 Amendment provision was made to prevent Presidents from delaying the decisions taken by the Constitutional Council. He is doing the reverse by not nominating anyone to the top two courts. This is much worse. As a consequence, even our fundamental rights are impacted. Because we as litigants or lawyers or public, our right for the expeditious disposal of cases is being impacted by the delay in appointing judges to the Superior Courts.
Moreover, you are frustrating the judges who served years in the judiciary. What happens to the minor judiciary and others? There are heavy concerns among the judiciary about extending the retirement age. That’ll block their path. That’ll deprive many suitably qualified individuals the right to get onto the bench or the superior bench. High court judges will now await their chances of being promoted. Undue pressure will be brought upon them.”
Hakeem alleged that the Constitution was being deliberately violated by the President. Having directed serious allegations at the President, Hakeem emphasised the responsibility on the part of the Speaker to take up this matter with the President on their behalf. Hakeem questioned as to why the President unduly delayed the promotions. The President’s deliberate failure has caused unnecessary frustration among the judicial ranks in the country and deprived those who served the judiciary of their due rights.”
Hakeem explained how even senior officers of the Attorney General’s Department had been affected by the President’s inaction. Those officials have been deprived of the opportunity to move onto one of the superior courts, Hakeem alleged, accusing the President of, what he called, deliberate inaction and a constitutional violation.
Then Hakeem made a very serious allegation. The ex-Justice Minister alleged that the NPP was delaying the process until a favoured person is eligible to get onto the bench, “You are picking and choosing people by that thereby undermining the judiciary.”
MP Hakeem also dealt with the vexed issue of the Prevention of Terrorism Act (PTA) that had been opposed by many political parties, civil society as well as organisations such as Amnesty International. The Sttorney-at-Law took up the issue in the wake of the controversial arrest of Maj. Gen. (retd.) Suresh Sallay, Director of the Directorate of Military Intelligence (DMI/2012-2016) and Director, State Intelligence Service/2019-2024) in terms of the PTA.
MP Hakeem chided the NPP for proposing to bring in a new anti-terrorism law, under a different title, to replace the existing PTA. Declaring that the new Act would be definitely far worse than the current law, the lawyer faulted the police and the Attorney General’s Department for abusing the PTA. The former Minister said so while alleging the continuous deterioration of the standards of the police and the Attorney General’s department, due to their dependence on the draconian PTA.
Killing of Balachandran
Referring to Tamil media reports regarding the new UK Channel 4 video that dealt with the killing of Prabhakaran’s 12-year-old son, lawmaker Hakeem discussed how the military dealt with the families of the LTTE leader and that of the JVP leader Rohana Wijeweera, killed on the night of 13 November, 1989.
Pointing out that Wijeweera who had been apprehended, along with his family, by the military, was killed, Hakeem stressed that the family members weren’t harmed. They lived under the protection of successive governments but in Prabhakaran’s case the situation was entirely differently.
Hakeem scorned the JVP/NPP government for conveniently forgetting its leaders, though an annual ceremony was held in Colombo in memory of those who perished during the insurgency. Hakeem said that even the daughter of Zahran Hashim, who led the 2019 Easter Sunday attacks, was spared. But, if Prabharatan’s daughter, Duwaraka, had been killed, as alleged, that should be investigated, Hakeem said. Hakeem ended his speech addressing the Parliament in Tamil.
Prabhakaran’s wife Mathivathani, too, had been killed during the final phase of the ground offensive. Prabhakaran’s eldest son, Charles Anthony, was killed in the Karayamullavaikkal area of the Mullaitivu district, the day before Prabhakaran, wife Mathivathani, daughter Duwaraka and younger son Balachandran were killed.
Acknowledging the SLMC leader’s right to rake up the controversy over the alleged manner the deaths of the LTTE leader and his family, while in government custody, took place. It would be pertinent to mention that Hakeem, in his capacity as the Justice Minister, from November, 2010, to December, 2014, could have pushed the Mahinda Rajapaksa government to inquire into the incident.
In fact, the writer once sought a meeting with the then Minister Hakeem to discuss accountability issues and the failure on the part of the government to address them. Although the Minister gave a patience hearing and acknowledged the urgent need to take remedial measures, the war-winning Rajapaksa government, instead of taking tangible measures, played politics. By late 2014, the SLMC switched its allegiance to the UNP-led coalition, formed with the US blessings to back the candidature of another political turncoat, Maithripala Sirisena, at the 2015 presidential election.
Hakeem received the Urban Development, Water Supply and Drainage portfolio in the succeeding Yahapalana government. The Tamil National Alliance (TNA), that had been an integral part of that alliance, served the Yahapalana interests well, though it refrained from accepting any Cabinet portfolio. The JVP, too, refrained from joining the Cabinet but their role in the Yahapalana operation is in the public domain.
The Yahapalana government betrayed the armed forces at the Geneva-based United Nations Human Rights Council (UNHRC), in October, 2015, but the extent of their treachery was highlighted two years later when that administration unceremoniously dismissed Lord Naseby’s revelations pertaining to the final phase of the war.
What made the SLMC leader Hakeem to compare three incidents – the killing of Wijeweera, and government protection for his family, in November, 1989; killing of Prabhakaran and his family on the banks of the Nanthikadal lagoon, in May, 2009; and the rescue of Zahran Hashim’s daughter, following the Sainthamaruthu blasts in April, 2019. Whatever the SLMC leader’s motive in highlighting the LTTE’s case now, the need for collective response on the part of the Parliament to address the concerns of the loved ones of those who engaged in terrorism cannot be overemphasised.
The circumstances of Prabhakaran, his wife and their daughter and youngest son remained mired in controversy. Like over 11,000 LTTE cadres, both men and women, including suicide cadres who surrendered to the advancing troops on multiple fronts, Prabhakaran and his family could have given themselves up to the Army on the Vanni front. They ignored that opportunity believing in a US operation to evacuate them.
Critically important combined stand
As mentioned by the SLMC leader during his 10 June speech in Parliament, a group of Opposition MPs handed over a letter expressing their concerns over the inordinate delay in filling the vacancies in the superior courts. Pointing out that the President, in his capacity as the Chairman of the Constitutional Council, had failed to fill those vacancies, the Opposition MPs stressed the responsibility on the part of the President to act in accordance with the provisions of the Constitution. They also reminded the Speaker that it would be his responsibility to protect the independence of the judiciary, which is an important part of the sovereignty of the people.
Kandy District MP Anuradha Jayaratne, represented the new Democratic Front (NDF) in the SJB-led effort, while NDF MP Ravi Karunanayake, too, joined, though he is in logger heads with the UNP over taking the National List slot won by the NDF at the last parliamentary election. Former President and UNP leader Ranil Wickremesinghe threw his weight behind the NDF, at the November, 2024, General Electio, but could not achieve the anticipated results. The NDF managed to secure just five seats, two of them National List slots.
All Ceylon Tamil Congress leader Gajendrakumar Ponnambalam, representing the Jaffna electoral district, signed the petition, along with the Sarvajana Balaya leader Dilith Jayaweera. Unfortunately, the SLPP hadn’t been part of that grouping. Responding to The Island queries, SLPP sources assured that though they didn’t sign the petition handed over to Speaker Wickremaratne, they wholeheartedly supported the initiative.
Whatever efforts by political parties/governments in power to interfere with the judiciary should be opposed at every level. The Rajapaksas went to the extent of impeaching Chief Justice Dr. Shirani Bandaranayake and removing her under the most despicable circumstances. Belligerent Rajapaksas reacted, as expected, following the Supreme Court rulings, including one against the then SLFP/UPFA strongman Basil Rajapaksa.
The ruling UPFA directed a series of unsubstantiated allegations against her, including financial impropriety and interfering in legal cases. SJB MP Dayasiri Jayasekera recently made reference to the impeachment of Dr. Bandaranayake when he censured the NPP move to extend the retirement age of judges of the superior courts. MP Jayasekera questioned whether the NPP wanted to retain Chief Justice Preethi Padman Surasena beyond the stipulated retirement age.
Although there had been a spate of interventions, the 2013 impeachment of CJ 43 was undoubtedly the worst case ever and the appointment of former Attorney General Mohan Peiris as her successor made matters worse.
The UPFA hit back hard at Dr. Bandaranayake following unprecedented controversy over The Town and Country Planning (Amendment) Bill and Divi Neguma, gazetted in 2011 and 2012, respectively. The UPFA abandoned the first Bill and then amended the second to avoid a referendum and the required 2/3 approval. By then, the cocky UPFA had decided to impeach Dr. Bandaranayake who stood up to outright political intimidation.
Ranil Wickremesinghe, during his tenure as the President (July, 2022, to September, 2024) reacted angrily to the Supreme Court ruling that he, in his capacity as the Finance Minister and the Election Commission, violated voters’ rights by arbitrarily delaying the Local Government polls in 2023. Wickremesinghe had been also angered by his failure to secure Supreme Court endorsement for his bid to appoint Dehabandu Tennakoon as the IGP in the run-up to the 2024 Presidential Election.
There had been so many other instances when the political party/coalition, in power, felt that the judiciary undermined its agenda. There cannot be better examples of the daunting challenge faced by the UPFA due to the Supreme Court stand during Dr. Bandaranayake’s tenure as the Chief Justice.
But post-Aragalaya period, no one expected President Dissanayake to pursue an agenda that compelled the BASL to issue hard hitting statements. Since May Day 2026, there had been two such statements from the BASL that should have triggered alarm bells. The NPP is obviously on the wrong path, believing that it can proceed with a 2/3 super majority unhindered in Parliament.
The first BASL statement dealt with President Dissanayake’s controversial May Day prediction of a court ruling in a high profile case. The second one responded to a move to extend superior court judges’ retirement age.
The government should rethink its strategy. With the national economy experiencing severe difficulties and the government under pressure to abolish fuel and electricity subsidies at the behest of the IMF, the NPP should concentrate on saving the economy instead of creating fresh issues that it cannot just brush aside just because of its steamroller majority in Parliament.
Midweek Review
The Legacy Lost
Gladdening was the sight at morn,
For the folk of the invisible village,
Of mirthful children trekking to school,
And refuge did they take in the thought,
That at least their young would be spared,
The crushing ordeals of tenant farming,
Since they would come by some erudition,
But our elders are now up against the truth,
That all is not well at the humble school,
Since even the morsel of education,
Painstakingly dished out there,
Comes with scary price tags attached;
Making dropping out the best thing to do.
By Lynn Ockersz
Midweek Review
July 09: An inexcusable overall security failure and exceptional contingency plan
Ulugetenne
The Sri Lanka Navy, on 04 June, commissioned SLNS Samudravijaya, formerly United States Coast Guard Cutter Decisive. It is the fourth mothballed US Coast Guard cutter transferred to the SLN through the US Excess Defence Articles Programme. President Anura Kumara Dissanayake attended the ceremony at the Colombo Port. The US Embassy in Colombo, in a statement issued on the same day, quoted Defence Attaché Lieutenant Colonel Matthew House as having said: “Few partners have demonstrated the commitment to maintaining and operating these vessels as successfully as the Sri Lanka Navy. The outstanding condition and operational performance of SLNS Samudura, SLNS Gajabahu, and SLNS Vijayabahu are a testament to the professionalism and technical expertise of Sri Lankan sailors. Their stewardship of these vessels helped build the confidence that made this fourth transfer possible.” The first of the four vessels SLNS Samudura was commissioned on 19 February, 2005, during Chandrika Bandaranaike Kumaratunga’s tenure as the President. Milinda Moragoda, Economic Reforms and Science and Technology Minister of the previous UNP-led UNF government, played a significant role in acquiring that vessel. SLNS Samudura boosted SLN and participated in numerous operations, including the high profile hunt for LTTE floating warehouses, during the Eelam War IV. But, the US refrained from transferring any more big ships during the war though on the then Navy Commander Vice Admiral Wsantha Karannagoda’s request to provide intelligence and Washington obliging, made the successful hunt for LTTE floating arsenals in the last stages of the war possible. The transfer of the second vessel took place 19 years after the end of the war. Ex USCG Sherman was commissioned 06 June, 2019, as SLNS Gajabahu (P626). The third vessel was transferred to the Sri Lanka Navy on October 26, 2021, as the country was heading towards an unprecedented economic crisis. That vessel was commissioned as SLNS Vijayabahu at the Colombo Port with the participation of President Ranil Wickramasinghe and US Ambassador to Sri Lanka Julie Chung on November 20, 2022. Ironically SLNS Gajabahu, one of the ex-US vessels prominently figured in the contingency plan to save President Gotabaya Rajapaksa, but whose downfall was engineered by the US.
By Shamindra Ferdinando
The moment President Gotabaya Rajapaksa decided to take up residence at the President’s House (Janadhipathi Mandiraya), Fort, in the first week of April, 2022, the Navy had no option but to prepare a thorough contingency plan, in case the regime change project posed a realistic threat to the life of the President.
The President, in consultation with senior military officers, made his move within 48 hours after violence erupted outside his private residence at Pangiriwatte, Mirihana, on the night of 31 March, 2022. That decision seemed realistic and sensible at that time.
But, in the wake of the disastrous overall armed forces response to the coordinated violence unleashed by the regime change project on 09 May, 2022, in the aftermath of the Temple Trees ordered attack on Galle Face protesters, the top brass must have recognised the urgent need for total overhauling of security strategy. But, unfortunately, that hadn’t been the case. With violent crowds overwhelming the armed forces, deployed to block them, rapidly approaching the President’s House, those who had been at the makeshift Operations Room there were stunned.
In hindsight, the President’s decision to remain at the President’s House, regardless of the near failure on the part of the armed forces to repulse the raid on Temple Trees, on 09 May, seemed unwise. The rescue operation could have gone wrong and the war-winning President Mahinda Rajapaksa could have ended up in the hands of an angry mob.
Perhaps, the conspirators envisaged the President’s move, from Pangiriwatte to the President’s House, situated walking distance away from the Galle Face protest site, where they could draw additional strength.
The failure on the part of the government to take tangible measures, in the wake of the President’s House becoming the sole target on that fateful day, is a contentious issue that needs to be properly investigated. Don’t forget that the court case filed over the 09 May attacks on the residences and properties belonging to SLPP politicians, and some supporters ,was later withdrawn. The Wickremesinghe-Rajapaksa government never investigated the 09 May incidents.
Exactly two months after the mobs almost succeeded in breaking through defences at Temple Trees, on the night of 09 May/10, where Prime Minister Mahinda Rajapaksa was residing, they mounted the assault on the President’s House.
In the wake of the 09 May mayhem, President Gotabaya Rajapaksa named Lt. Gen. Vikum Liyanage as the Commander of the Army. He succeeded General Shavendra Silva who served as the CDS but was out of the country when all-out mayhem was unleashed by the Aragalaya mobs on 09 July, 2022, to oust the sitting government.
In spite of a direct and growing threat to the President’s House, on 09 July, 2022, the President felt confident in meeting the challenge. The President issued a directive to the Secretary, Ministry of Defence, General (retd.) Kamal Gunaratne, to shift the Operations Room from the Defence Force Headquarters, at Akuregoda, to the President’s House. Having shifted the Operations Room on 08 July, 2022, to the President’s House, as directed by the President, the top brass prepared to face the challenge.
Maj. General K.B. Egodawela, who served as an Additional Secretary (Administration) to the President, from the day the President moved to the President’s House, till he vacated on 09 July, 2022, in his memoirs ‘Aragalaya: Adarayen Prachandathwayata’ (From Love to Violence) revealed that though the top brass opposed the shifting of the Operations Room they carried out the directive. While the President felt that the top brass could collectively work at the President’s House to bring the situation under control, Gen Gunaratne proposed that the President should move to Akuregoda Defence Forces Headquarters, according to Egodawela. In fact, Gunaratne, who had been with Gotabaya Rajapaksa from the very beginning of the sinister campaign, strongly opposed the President’s decision to remain there.
Obviously, the President’s House pathetically failed to ascertain the scale of the protest and the rapidity with which protesters overwhelmed troops deployed outside the President’s House stunned the top brass. Had they swiftly reached consensus on Gen. Gunaratne’s suggestion, perhaps the 09 July regime change operation could have been thwarted. The armed forces could have resorted to tougher measures to prevent a march on Akuregoda Defence Forces Headquarters had the President agreed to move there.
Within two hours after the protest, targeting the President’s House began, video footage provided by drones indicated that troops couldn’t hold the rampaging mobs any longer. According to Egodawela, the top brass had been prepared to remove the President, even without his consent, by landing a helicopter in the Colombo harbor or by ship. Finally, they resorted to the second option. As the President and First Lady Ayoma got into a vehicle and took the rear exit into the adjoining former Navy Headquarters, mobs entered the President’s House. Another vehicle carrying several other persons followed.
The then Navy Commander Vice Admiral Nishantha Ulugetenne who had been with the President at the President’s House got into the vehicle carrying the President. Had they stayed at the President’s House for 10 more minutes, the consequences could have been devastating. https://island.lk/gotabayas-escape-from-aragalaya-mob-in-rti-spotlight/
Egodawela, who had been with the President from the very beginning of the presidential term, alleged that the raiders planned to kill the President and several others and display their bodies. The author quoted an unidentified intelligence officer as having told him that the raiders wanted to display the bodies the way LTTE leader Velupillai Prabhakaran’s body was shown.
Perhaps shifting the Operations Room from Akuregoda Defence Force Headquarters to the President’s House had been a risky move that, in a way, facilitated the regime change operation. The rationale in bringing those who had been tasked with countering the impending threat to one place (President’s House) to be with the target (Gotabaya Rajapaksa) seems unbelievably a dicey move. The President had been influenced by what he described as inordinate and unforgivable delay on the part of the Akuregoda Operations Room to carry out timely evacuation of Prime Minister Mahinda Rajapaksa on the night of 09 May from Temple Trees. Most probably, the President wanted to oversee the 09 July counter operation personally. But, in hindsight, the decision to shift the Operations Room from Akuregoda to the President’s House obviously hadn’t been a clever move.
SLN preparations
When mobs threatened to overwhelm the President’s security at Pangiriwattta, on 31 March, additional police and STF contingents were brought in. They were followed by the Navy and Air Force. The Army arrived at the scene, subsequently.
As pointed out by the President himself, the situation at Temple Trees, on 09 May, had been far worse and the combined police and armed forces response revealed that they hadn’t taken precautionary/counter measures, even after the Pangiriwatta fiasco.
At the time of the incidents, the overall Temple Trees security deployment included about 60 elite Special Boat Squadron (SBS) personnel deployed within the premises and were supplemented by seven SLN platoons. The Army also moved in to strengthen Temple Trees defences but the mobs pressed on till troops fired blank ammunition.
The top brass, directing counter measures from Akuregoda Defence Force Headquarters, had to act swiftly and decisively to evacuate those at the Temple Trees or face the consequences. As there hadn’t been any other alternative place of living proposed, Prime Minister Mahinda Rajapaksa, wife Shiranthi and their eldest son Namal were escorted to nearby former Air Force Headquarters and from there flown to the Trincomalee Navy base. VA Ulugetenne, over the phone, issued instructions to the relevant officer in Trincomalee to make arrangements as two helicopters carrying the group took off from the helipad on the top of the former Air Force Headquarters. The helicopters departed around 04 in the morning.
They had stayed at Trincomalee Navy House for about a week and, as requested by the Navy, paid for their stay because by then Mahinda Rajapaksa had resigned. Perhaps, they could have taken refuge at the Panagoda Army cantonment or at Saliyapura, home to the Gajaba Regiment, but, at the end, sought the protection at the Trincomalee Navy base.
Ironically, President Gotabaya Rajapaksa, too, had to take refuge at the Trincomalee Navy base, exactly two months later. Ever since the President moved into the President’s House, Fort, the Navy had been on their toes to meet any eventuality. The daunting task of arranging evacuation by sea fell on the shoulders of VA Ulugetenne, who, meticulously, planned the operation with his staff.
Having informed the President of the contingency plans, VA Ulugetenne stationed two Advanced Offshore Patrol Vessels (AOPVs), namely SLNS Sindurala and SLNS Gajabahu and four Fast Attack Craft (FACs), at the Colombo Port. It would be pertinent to mention that SLNS Sindurala, built at the Goa shipyard, in terms of an agreement signed at the tail end of the Mahinda Rajapaksa government, was adjudged the best vessel in the SLN fleet in 2022.
Additional SBS personnel and snipers, too, had been brought in to Colombo though none of them knew exactly what their task would be. The OPV and FAC crews most probably felt that they were awaiting orders for a major anti-drug operation in the high seas.
As the decision was made to evacuate the President and the First Lady, the Chief alerted the vessels and quickly deployed tugboats to pull SLNS Sindurala and, shortly thereafter, SLNS Gajabahu, formerly of the US Coast Guard, carrying the President and the First Lady. By the time the two AOPVs moved in different directions, on the instructions of VA Ulugetenne, the hand phones of SLNS Gajabahu crew were collected to prevent them from revealing what was happening. Along with the AOPVs, two pairs of FACs had moved out to sea. (https://island.lk/ranil-reveals-bid-to-get-rid-of-him-while-gr-was-fleeing-to-trinco-on-board-slns-gajabahu/)
Nearly 12-hour journey to Trinco
The SLNS Gajabahu, formerly of the US Coast Guard, had a crew consisting of over 100 officers and men. Someone, most probably a port employee, posted a short clip of some unidentified persons taking large travelling bags into the ship but the President, First Lady and VA Ulugetenne going in were never captured on a camera.
As the vessel began its journey towards Trincomalee, it remained approximately 12 nautical miles from land and the President received many calls, some of which weren’t answered. VA Ulugetenne, too, received quite a number of calls. Those familiar with the developments at that time said that some felt that SLNS Gajabahu should move out of Sri Lankan waters. There had been suggestions that the destination should be the Maldives, India or Singapore. Regardless of such suggestions, SLNS Gajabahu proceeded towards Trincomalee where the Navy made necessary arrangements to host them.
Captain Marlon Perera, who still serves the Navy, had been the Commanding Officer of the vessel. Perera now holds the Commodore rank.
During the journey precautions were taken to ensure the safety and security of the President and the First Lady. Although the crew hadn’t been aware that they would be entrusted with such a sensitive task at a time the country was in crossroads against the backdrop of an economic collapse and sovereign default, there were fears of the crew being affected by propaganda in support of regime change operation.
The attempt made by sailor Wijemuni Vijitha Rohana de Silva to cause harm to Indian Prime Minister Rajiv Gandhi, way back in July, 1987, underscored the necessity to take precautions during the Colombo-Trincomalee journey as the possibility of anti-Gotabaya campaign having an impact on at least some members of the ship crew couldn’t be ruled out.
On July 30, 1987, during a guard of honor in Colombo, the 21-year-old naval rating struck Gandhi on the shoulder and back with the butt of his rifle. Gandhi narrowly avoided the full impact of the blow by evasive ducking.
On the invitation of VA Ulugetenne, Gotabaya Rajapaksa attended all the formalities in respect of a visit undertaken by the President to the Trincomalee Navy base. The President participated in those formalities knowing that he couldn’t attend the commissioning parade that was scheduled to be held on 15 July, 2022. The Navy was not in a position to put off the commissioning parade hence the decision to invite Defence Secretary Gunaratne as the Chief Guest.
Ulugetenne retired from active naval service on 18 December, 2022, following a distinguished career, spanning over 37 years. He received the appointment as the 24th Commander of the Navy in July, 2020, just a couple of months after Gotabaya Rajapaksa’s election as the President.
Wickremesinghe, in his capacity as Gotabaya Rajapaksa’s successor, appointed Ulugetenne as Sri Lanka’s Ambassador to Cuba. The appointment was made in late 2023 and the retired Navy Chief presented his credentials to Cuban President Miguel Díaz-Canel on 13 February, 2024 (https://island.lk/from-fonseka-convictions-to-arrest-of-ulugetenne/)
However, within weeks after the last presidential election held in late November, 2024, the NPP government recalled over a dozen top envoys appointed by the previous administration. Admiral Ulugetenne was among them. The government deprived a decorated officer, who had served the country for nearly four decades, from completing his term in Havana. Within months after his return, he became the target of a murder investigation.
Then out of the blue the retired Navy Chief became the focus of a murder investigation, that, too, post-war. The Criminal Investigation Department (CID) arrested him on 28 July, 2025, over the disappearance of a person reported in July, 2020.
Kurunegala High Court Judge Tikiri Jayatilleke, on 14 October, 2025, granted him bail. Jayatilleke declared that the CID acted in an illegal manner in respect of the former Navy Commander. His counsel Kalinga Indatissa, PC, alleged in court that his client had been apprehended only on the basis of an ex-LTTE cadre’s allegation in the absence of any evidence
The next hearing is scheduled for 08 July, 2026. Ulugetenne was held at the Kegalle Prison for four days and then transferred to the Dumbara (Pallekale) Prison. Altogether, he was in prison for 80 days, like a common criminal, despite him being a former Navy Commander with an unblemished career record.
Wartime Chief of Naval Intelligence, Rear Admiral (retd) Sarath Mohotti, who had been also arrested in connection with the same investigation, was also granted bail, a few weeks later.
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