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Govt. under pressure to tackle corruption in revenue inflow

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Amendments to Exchange Control Act contemplated

By Shamindra Ferdinando

State Finance Minister Ranjith Siyambalapitiya yesterday (07) said the government would introduce some amendments to the Exchange Control Act No 12 of 2017 as part of its response to the continuing financial crisis.

The SLFPer mentioned that amendments were necessary to restore the authority exercised by the Central Bank in respect of regulation of foreign exchange before the enactment of the Exchange Control Act No 12 of 2017, adding that the government has received several proposals in this regard.

The State Finance Minister said so when The Island sought a clarification as regards rebel SLPP accusations that the Exchange Control Act No 12 of 2017, enacted during the Yahapalana administration, allowed exporters to ‘park’ funds overseas. Vasudeva Nanayakkara, Wimal Weerawansa and Gevindu Cumaratunga had estimated the stashed amount at over USD 35 bn.

Siyambalapitiya acknowledged that the amendments that had been introduced in 2017 deprived the Central Bank of certain regulatory powers.

The Island

raised the issue at hand with Justice Minister Dr. Wijeyadasa Rajapakse, PC, yesterday (07) consequent to his declaration that as much as USD 53.5 bn had been ‘parked’ overseas. This claim was made during the committee stage of the ongoing debate on the Appropriation Bill.

Minister Rajapakse said that Nanayakkara, Weerawansa and Cumaratunga, too, had referred to the same funds though he was able to obtain the latest figures.

Responding to another query, the former President of the Bar Association of Sri Lanka emphasised that the situation had further deteriorated due to the Covid-19 pandemic, etc. According to him, the figures available with him dealt with the past 12 years.

The Justice Minister said that he discussed this with the Central Bank. Lawmaker Rajapakse said that in the absence of regulatory powers, the Central Bank hadn’t been able to make necessary interventions.

The Governor of the Central Bank, Dr. Nandalal Weerasinghe, told The Island that the urgent need for amendments to the Exchange Control Act No 12 of 2017 had been taken up with the relevant authorities. Dr. Weerasinghe said that the ongoing controversy, over funds ‘parked’ overseas, gathered momentum against the backdrop of his recent speech, at the AGM of the Sri Lanka Apparel Exporters Association, where the inordinate delay, on the part of the exporters to convert export earnings to rupees, was highlighted.

In terms of current foreign exchange regulations, the exporters are required to convert 25 percent of their export proceeds, within a month, and all export proceeds within 180 days.

Having found fault with apparel, tea and rubber for the unsatisfactory conversion rate of forex earnings, Dr. Weerasinghe said that they were in the process of examining a selected group of exporters but realized the majority weren’t forthcoming with the required data.

The Justice Minister said that the entire revenue collection system was utterly corrupt, influenced and manipulated by interested parties. “The people are suffering because of continuing corruption at every level. Those responsible for revenue collection are part of the growing racket. They seem to be unstoppable,” he said.

Dr. Rajapakse said that there couldn’t be a better example than continuing the racket in security stickers on bottles of liquor to highlight the pathetic situation here. The Minister alleged that the racket, involving liquor manufacturers and some excise officials, deprived the Treasury a massive amount in revenue. In spite of frequent media exposure, the racket continued unabated, Dr. Rajapakse said, adding that those who defended the manufacturer of the security sticker were all part of the scam.



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Gnanasara Thero absconding after SC ruling

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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.

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House to debate 22A, Judicature Bill next week

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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).

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Wrong house targeted in underworld grenade attack: Two children killed

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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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