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Editorial

Fish stories and repressive laws

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Thursday 6th April, 2023

The Catholic Church has challenged the veracity of a claim by the police that Pulasthini Mahendran alias Sara Jasmine, wife of Muhammadu Muhammadu Hasthun, who carried out a suicide bomb attack on St. Sebastian’s Church, Katuwapitiya, on 21 April 2019, is dead. The police say a third DNA test has revealed that she was among those who died inside a National Thowheed Jamaath (NTJ) safehouse in Sainthamaruthu on 26 April 2019. Archbishop of Colombo, His Eminence Malcolm Cardinal Ranjith, addressing the media, the other day, said DNA tests in respect of Sarah had been conducted until the police got the result they desired! He has struck a responsive chord with the discerning public.

One may recall that in 1983, when the counting of votes got underway, following the conclusion of the Mahara by-election, and it became obvious that that UNP candidate Kamalawarna Jayakody would lose, the then President J. R. Jayewardene reportedly ordered that recounts go on until Jayakody became the winner! He ensured that his order was carried out and got the result he wanted. The police seem to have adopted the same modus operandi in respect of the aforesaid DNA tests. Sara is believed to have fled the country with the help of some foreign spooks.

It is thought that Sara was privy to vital information about the masterminds behind the Easter Sunday carnage. Hence the need to find out what actually happened to her. Curiously, even the Presidential Commission of Inquiry (PCoI) which probed the Easter Sunday tragedy dealt with the alleged foreign involvement rather perfunctorily. It has devoted only an eight-page chapter in its bulky report to the claim of a foreign hand in the attacks, as we have pointed out in a previous editorial comment. This section in the PCoI report lacks clarity and proper analysis. The witnesses who expressly testified that there had been ‘an external hand or conspiracy behind the attacks’, according to the PCoI, are Malcolm Cardinal Ranjith, former President Sirisena, former Minister Rauf Hakeem, former Minister Rishad Bathiudeen, former Governor Azath Salley, SJB MP Mujibur Rahman, former SIS Director SDIG Nilantha Jayawardena, former STF Commandant M. R. Lateef, former Chief of Defence Staff Ravindra Wijegunaratne, former SDIG CID Ravi Seneviratne and former CID Director Shani Abeysekera. Dismissing their statements as mere ipse dixits (assertions made but not proven), the PCoI has said it did not find any such foreign link. It has, however, recommended that certain identified parties be further investigated.

The police are so politicised that they have lost credibility. They are known to bark up the wrong tree to cover up crimes at the behest of their political masters who have them on a string. The shameful manner in which they sought to cover up the murder of ruggerite Wasim Thajudeen in 2012 is a case in point. So, it is only natural that nobody takes their claims seriously. A thorough investigation must be conducted to find out whether there was a foreign hand behind the Easter Sunday bombings.

The Archbishop of Colombo has told the government some home truths. Condemning the proposed Anti-Terrorism Bill (ATB) as draconian, he has warned the ruling politicians that it is a ‘double-edged sword’ and, if ratified, will boomerang on them one day because they will not be in power forever. His warning reminds us of the golden rule: “Do unto others as you would have others do unto you.” If the Rajapaksa-Wickremesinghe regime goes ahead with the ATB aimed at suppressing its political opponents, its leaders will have a future government using the same law against them.

Anti-terror laws, in this country, are mostly used against the law-abiding citizens and not bloodthirsty savages who harm innocent people. Terrorists were given kid-glove treatment, under some governments, despite the PTA (Prevention of Terrorism Act). The LTTE was treated like a de facto government during ‘peace talks’, especially from 2001 to 2004, when the UNP was in power and Ranil Wickremesinghe served as the Prime Minister. But, today, student leaders and other anti-government activists are dealt with under the PTA! The Easter Sunday PCoI has revealed that the UNP-led Yahapalana government did not allow action to be taken against religious fanatics such as Zahran Hashim and other NTJ terrorists. But the current SLPP-UNP regime is in overdrive to introduce a set of repressive anti-terror laws to neutralise its political opponents. Hence the need for all those who uphold democracy to join forces to abort the ATB.



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Editorial

Zimbabwe, here we come?

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Monday 6th July, 2026

President Anura Kumara Dissanayake’s recent attempt in Parliament to defuse the ongoing controversy over his government’s plan to extend the retirement ages of the judges of the Supreme Court (SC) and the Court of Appeal (CA) has been in vain. He spoke at length, offering excuses for his failure to initiate action to fill judicial vacancies, but they did not sound convincing. They have only prompted the Bar Association of Sri Lanka (BASL) and other lawyers’ associations to reiterate their opposition to the prospect of a constitutional amendment being moved to raise the retirement ages of the SC and CA judges.

Addressing a public forum, on Saturday, BASL President Rajeev Amarasuriya reiterated his association’s opposition to the proposed move to change the SC and CA judges’ retirement ages arbitrarily. The BASL’s position has been endorsed by several legal associations, including the Colombo Law Society, the Colombo High Court Lawyers’ Association (CHCLA), LAWASIA, and the Commonwealth Lawyers’ Association (CLA).

CLA President Steven Thiru has gone to the extent of warning that Sri Lanka risks repeating Zimbabwe’s judicial crisis if it goes ahead with its controversial plan to extend the retirement ages of sitting superior court judges arbitrarily. Stating that the CLA did not object to the extension of the mandatory retirement age of judges, given changing demographic realities, Thiru pointed out that the danger lay in the politicised context and particularised application of the proposed move by the sitting executive and the legislature to alter the tenure of a few judges. He stated that Sri Lankan leaders had to heed “the sobering lesson of the Zimbabwean crisis; when a ruling government alters the rules of judicial longevity mid-stream, the damage to the legal fabric is severe. “If Sri Lanka proceeds with an ad hoc, non-transparent extension of Superior Court judges’ tenure without a broad consultative process, it risks plunging its legal system into a similar crisis of legitimacy,” he warned, noting that a structural policy matter must not be perceived as a personalised intervention; to do so would fundamentally invite public cynicism, compromise the appearance of judicial neutrality and shatter the very institutional stability that is to be protected.”

It is hoped that the JVP-NPP government will heed the concerns of lawyers’ associations, abandon its plan at issue and ensure that constitutional reforms follow proper consultation, without undermining judicial independence or public confidence in the judiciary. The JVP/NPP came to power promising a new Constitution and not politically motivated piecemeal constitutional amendments. It said in its election manifesto, inter alia, “A new constitution will be drafted and passed through a referendum with necessary changes, if any, after going through a public discourse” (A Thriving Nation: A Beautiful Life, 2024, p. 109).

As the CHCLA, in a letter to President Dissanayake, has rightly pointed out, “the Judicial Service of Sri Lanka is constituted by officers who ascend through a rigorous hierarchy … This progression is not merely a career ambition; it is a legitimate expectation, recognised and protected by the principles of natural justice and the law governing public service. Officers of the Judicial Service plan their professional and personal lives around the reasonable anticipation of such advancement.” The CHCLA’s views deserve serious consideration.

Meanwhile, Chief Justice Preethi Padman Surasena, addressing a group of newly recruited Magistrates, at Sri Lanka Judges’ Institute, recently, stressed the need for judicial officers to do their best to preserve public confidence in the judiciary. A country could be destroyed by a bad judiciary in the same way it could be devastated by natural disasters, the Chief Justice said, stressing the need to safeguard the integrity, independence and dignity of the judiciary. His message was loud and clear.

However, some factors that erode public confidence in the judiciary are beyond the control of judges. The alleged government move to extend the retirement ages of the judges of the SC and the CA is a case in point. It is widely seen as an instance of political interference with the judiciary. One can only hope that the Sr Lankan legal fraternity and international lawyers’ associations will be able to knock some sense into the JVP-NPP government, and prevent this country from facing the same fate as Zimbabwe, where a serious constitutional crisis erupted in 2021, when its Constitution was arbitrarily amended to change the judges’ retirement ages. That issue raised broader concerns about the separation of powers and judicial independence. The constitutional amendment undermined public confidence in courts and amounted to political interference with the judiciary. Another crisis is the last thing Sri Lanka needs at this juncture.

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Editorial

Income status: Reality and challenges

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The World Bank’s annual income reclassification, which takes effect every July 1, has placed Sri Lanka, Vietnam, the Philippines, Jordan and the Pacific state of Micronesia in the upper-middle income bracket.

Sri Lanka’s elevation to the upper-middle income status has gladdened many a heart. It is no mean achievement for a country emerging from a crippling economic crisis that led to foreign currency reserves woes, shortages, queues, prolonged power cuts, a steep rise in inflation, and unprecedented political upheavals. However, one should not lose sight of the fact that although the reclassification is a marker of resilience, Sri Lanka only narrowly crossed the threshold, according to economic analysts.

Sri Lanka will now face some challenges. The upper-middle income status generally indicates economic progress and can help improve investor confidence, which Sri Lanka perhaps needs more than anything else to rebuild its forex reserves and be ready to resume foreign debt repayment in earnest. However, a higher income category could reduce Sri Lanka’s access to concessional loans, grants and some forms of international assistance. Commercial borrowing generally carries higher interest rates and shorter repayment periods than concessional development loans.

Trade preference schemes such as the EU’s GSP and GSP+ have stood developing countries, such as Sri Lanka, in good stead. These trade concessions are based on specific eligibility criteria, not income classification alone, but moving into higher income categories can eventually affect eligibility under some preferential trade arrangements, as some economists have pointed out. There’s the rub.

The biggest challenge for Sri Lanka is to ensure that its economy will become more productive, competitive and resilient so that it can lessen its dependence on international assistance, with the help of sustainable growth and investment, as countries like Vietnam have done.

Policymakers should reflect on the state of the economy and ordinary Sri Lankans’ lot, which has not improved despite the country’s income classification upgrade. Such categorisations based on credible data may be technically sound and useful in making economic decisions, but they cannot be considered realistic and reliable yardsticks where the wealth distribution is concerned.

The upper-middle income status usually masks inequality. There are economic tools to gauge income inequality, which affects social stability, poverty levels, and access to education and healthcare, but they too have limitations. It is imperative that the issue of income inequality be addressed as a matter of national priority.

Sri Lanka faced an economic crisis in 2022, despite a previous income classification upgrade, mainly because it did not get its macroeconomic fundamentals right, and acted in a reckless manner. True, the Easter Sunday terror attacks and the Covid-19 epidemic took a heavy toll on the economy, but Sri Lanka would have been able to overcome their impact if its economic imperatives had not been subjugated to the political agenda of the government in power at that time.

If action had been taken to prevent a sharp drop in state revenue by keeping taxes at a realistic level and rationalising pandemic relief while seeking IMF assistance at the first signs of trouble, the economy may have been able to withstand internal and external shocks without going into a tailspin.

Sri Lanka should emulate Vietnam, whose income classification upgrade follows a different track and is a story of growth. Vietnam’s gross national income per capita exceeded the USD 4,636 threshold because of manufacturing export growth. Its GDP expanded at approximately 8 percent in 2025, driven by electronics and consumer goods assembly. Vietnam has reportedly set an ambitious goal of achieving the coveted high-income status by 2045. Sri Lanka, too, should raise the bar for itself and work towards achieving its economic goals.

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Editorial

Reward cops, probe Excise officers

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Saturday 4th July, 2026

The Police Department has its fair share of rogue elements who have brought the law enforcement authorities into disrepute and make them get bad press. But the police are not short of personnel who even go above and beyond the call of duty to nab lawbreakers and ensure public safety. Sadly, their good work often goes unappreciated.

Unit 2 of the Western Range (North) has done the police proud. On 28 June, its men and officers raided a house in Malabe, where illicit liquor was bottled, and arrested six suspects with as many as 18,000 bottles of illicit liquor.

The bottles of counterfeit arrack complete with security stickers and ready for distribution were virtually indistinguishable from the genuine products, according to investigators. Nobody knows how many bottles of counterfeit arrack had been produced there and how injurious the illicit brew is to health.

Under interrogation, the suspects revealed that the illicit brew had been distributed in the Eastern Province. On Thursday, the police team that conducted the Malabe raid rushed to Batticaloa, where they seized a large number of bottles of illicit liquor transported from Malabe. The police officers who took part in the raid deserve praise.

While the police were busy packing the bottles of illicit brew taken into custody and doing necessary paperwork, a group of Excise officers materialised, and claimed that the police had made a documentation error. Their intervention led to a recount of the bottles of counterfeit liquor in custody, but the allegation turned out to be baseless. Obviously, the Excise Department personnel did not take kindly to the police raid.

One of the police officers told the Excise officers some home truths, one being that the police were doing what the Excise Department should have done. One cannot but agree with him.

The police had to move in as the Excise officers had failed to carry out their duties and functions. The latter should have been able to trace the untested brew transported and sold illegally in liquor outlets in the East. It is possible that the Malabe brew, as it were, was distributed in other parts of the country as well.

Illicit liquor has claimed many lives in this country during the past several years and therefore the brew, seized in Malabe and in some parts of the Eastern Province, must be tested urgently to see if it contains harmful substances. One may recall that in January 2026, six people died in Wennappuwa after consuming arrack purchased from a licensed liquor outlet. Such tragedies occur due to contamination, counterfeit infiltration and supply-chain frauds.

As for the police raids in Malabe and the East, there is reason to believe that so many bottles of illicit liquor could not have been distributed and sold in licensed outlets, unbeknownst to the Excise Department personnel, who are paid with public funds to keep a watchful eye on liquor retailers, among others, and act on any transgressions. That the police had to do their job is an indictment of the Excise officers, especially those under whose nose the illicit brew was sold in the East.

A member of the police team which conducted the raid in the East has asked how the security stickers meant for the legally produced bottles of liquor got into the wrong hands. A thorough investigation should be conducted to ascertain whether Excise officers were involved in the liquor racket and why they confronted the police in the East instead of cooperating.

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