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FSP vows to fight back
Emergency receives some lawyers’ backing:
By Shamindra Ferdinando
In spite of the Bar Association of Sri Lanka (BASL) being quite clearly opposed to the declaration of Emergency, to deal with the continuing challenge posed by the ‘protest movement’, an increasingly vociferous section of the lawyers overwhelmingly support measures taken by President Ranil Wickremesinghe, who is also the Commander-in-Chief of the armed forces.
Appearing on ‘Rathu Ira,’ anchored by Nimesh Wijesuriya, on Swarnavahini on Thursday (04) night, a former top hand in the Attorney General’s Department Srinath Perera, PC, and several senior lawyers, including Tirantha Walaiyadde, PC, and Attorney-at-Law Ravindra Manoj Gamage, strongly backed the declaration of Emergency, though they expressed concerns over previous accusations directed at the UNP leader.
The panel included Attorney-at-Law Nuwan Bopage, a key member of the Frontline Socialist Party (FSP), one of the groups that spearheaded the ‘operation’ leading to the forced resignation of Gotabaya Rajapaksa, on July 14. On behalf the breakaway JVP faction, lawyer Bopage vowed to resist Wickremesinghe’s onslaught whatever the consequences.
Issuing a dire warning to junior colleague Bopage that he would end up in jail for working against the State, Walaiyadde emphasised whatever the allegations directed at President Ranil Wickremesinghe in the past, he should be given the time and space to address the unprecedented issues at hand. “If the new President is denied at least six months to take tangible measures to overcome the challenges, the country should be prepared for a civil war,” the senior attorney warned.
Walaiyadde endorsed security measures against the threat posed by those hell-bent on overthrowing the government outside constitutional means, but declined to comment on current judicial proceedings pertaining to cases involving the protest movement and related actions. The outspoken lawyer said that no one had emerged as the leader/leaders of the increasingly militant protest movement, though it initially claimed that it was non-partisan and peaceful. The protest grouping tried to cover up its failure claiming all of them represented the leadership,
Nimesh Wijesuriya dealt with issues related to the ‘protest movement’ in the wake of the continuing debate over the role played by the Bar Association of Sri Lanka (BASL) in the overall project. Attorney-at-Law Manoli Jinadsa recently raised a very pertinent question about the failure on the part of the BASL to censure the ‘protest movement’ over such illegal acts like the seizure of the President’s House, Presidential Secretariat, the Prime Minister’s Office and torching of the then PM’s private residence. Since then BASL President Saliya Pieris, PC has essentially responded to such accusations by stating those matters are now sub judice as they are before courts.
Walaiyadde called those who had been engaged in protest outside the Geneva-based United Nations Human Rights Council (UNHRC) demanding external interventions traitors. Alleging interested parties propagated lies to undermine the government of the day, Walaiyadde said that they should be dealt with.
At the beginning of the programme, Bopage slammed the Wickremesinghe administration over the ongoing attempts to suppress the ‘protest movement.’ Alleging Wickremesinghe exploited the public protest to his advantage, Bopage demanded to know the rationale in the President changing his stand on many matters as soon as he received the presidency.
Bopage declared that the ‘protest movement’ would continue as long as the government fails to address burning issues.Strongly endorsing the right to dissent, lawyer Gamage alleged that those who had engaged in what he called murderous politics of the 80s, took advantage of the public struggling to make ends meet.
Condemning the attack carried out at Galle Face allegedly at the behest of Temple Trees on May 09, lawyer Gamage accused far greater conspirators’ engineered meticulous countrywide violence.Attorney-at-Law Gamage questioned the ‘protest movement’s demand for the resignation of President Gotabaya Rajapaksa’s successor. Declaring that the UNP leader should be given an opportunity to address the issues at hand, lawyer Gamage demanded to know who the FSP’s choice was for presidency.
Former Additional Solicitor General Srinath Perera censured President Wickremesinghe over his past conduct with reference to Treasury bond scams perpetrated in 2015 and 2916 during his tenure as the Prime Minister while challenging the new President to investigate high profile corruption cases involving the Rajapaksa family.
Declaring the Rajapaksas would never be punished by an administration led by Wickremesinghe, lawyer Perera PC said that the President’s intention was to somehow protect the corrupt lot.Therefore, justice shouldn’t be expected from President Wickremesinghe, the former UNPer said, while throwing his weight behind the emergency declared by the new leader.
Walaiyadde lambasted the JVP and its offshoot FSP over violence directed at the State. The lawyer dismissed efforts to portray the ‘protest movement’ as peaceful. The lawyer called for harshest possible action against those who had engaged in violence. Colleagues Perera and Gamage accepted that stance.
All of them said that while the right to dissent should be respected, efforts to subvert the country couldn’t be tolerated under any circumstances.Walaiyadde said that those in and outside the Parliament responsible for encouraging violence should be dealt with.
Nuwan Bopage said that the State/Government had failed to address the grievances of the masses. The FSP spokesperson queried the absurdity in lawyers representing the interests of the State/Government while the public were deprived of the basic needs and two proper meals a day. Bopage maintained that those who benefited from the utterly corrupt system shamelessly threw their weight behind deceitful leaders.Gamage countered declaring ‘rule of law’ is not ‘rule of lawyers’
Gamage reminded how Bopage threatened the IGP and other senior police officers, including Senior DIG Deshabandu Tennakoon outside the police headquarters. Bopage had no qualms in declaring they knew where the IGP and other senior officers lived, Bopage said. What the lawyer meant was their residences, too, could be destroyed at any time. How such actions could be termed peaceful?.
Gamage alleged that those who inspired violence wouldn’t be there for those who end up in jail. The lawyer pointed out that hundreds of persons taken in by law enforcement authorities over violent incidents would have bear the legal costs while those who inspired them turned a blind eye to their plight.
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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