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Hakeem, SJB appeal for burial of Muslims dying of COVID-19
By Saman Indrajith
Muslim COVID-19 victims were being cremated to appease some extremist elements, SLMC leader Rauff Hakeem told parliament yesterday.
“The issue of cremating the Muslims who die of COVID-19 will have far reaching implications which are detrimental not only to the government, but to the country as a whole. I am pleading on the floor of this House, for God’s sake, please revise this draconian policy without further delay.”
Hakeem said: Some 20 bodies of Muslims who have died of COVID-19 and not been claimed by their families are to be cremated. These bodies have not been claimed as an act of civic resistance against the government’s reluctance to change its decision to cremate COVID-19 killed persons. The civic resistance has been started by the Muslim community after pleading for months in vain. The government has not changed its policy and keeps on burning those bodies despite the fact that families of victims are suffering from severe trauma because of their action of not accepting the bodies of their loved ones.
“This policy has no scientific basis. The government could check it with scientists and epidemiologists. The government has many experts including Prof. Tissa Vitarana, who is a virologist. You can ask them. Already leading virologists have said this is unfair. “
Anuradhapura SJB MP Ishak Rahuman said that a 20-day-old child who died recently is also to be cremated and asked the government what sort of reaction they expected from the parents of the child.
All Ceylon Tamil Congress Leader Ganjendrakumar Ponnambalam, making a special statement, said that the WHO in its advice dated March 24 on infection prevention and control for the safe management of dead bodies in the context of COVID-19, had noted that people who died from COVID-19 could be buried or cremated. Dignity of the dead and their cultural and religious traditions should be respected. The Health Ministry issued guidelines on March 31, instructing that the bodies be cremated within 24 hours, preferably within 12 hours. Four UN rapporteurs have asked the government to revise that policy. UN Resident Coordinator in Colombo too has asked the government to change its policy.
The ACTC leader said: “The Constitution does not recognise the right to life explicitly but it has been held in Ratnayake Tharanga Lakmali versus Niroshan Abeykoon by the Supreme Court that Article 11 which ensuring Freedom from Torture to be read with Article 13 (4) on Freedom from Arbitrary Punishment recognized by necessary implications the right to life. The court advances this argument on the basis that the Constitution is a living document and should not be construed in a narrow and pedantic manner. The court referred to the values embodied in the constitution- one such is the dignity of the people as well as Sri Lanka’s obligations under various international treaties in reinforcing the right to life.
“In Islam fire is equal to hell. So cremating is equal to punishment in hell. There are 190 countries in the world who have allowed burying their Muslim COVID-19 victims. We request the government to revise its policy and allow the Muslims to bury their own.”
Kurunegala District SJB MP Nalin Bandara said that the government was making use of COVID-19 regulations to cremate the inmates killed at the Mahara Prison riots. “There were 11 inmates killed in the Mahara prison riots. It has been found the 10 of them were COVID-19 infected. Now the government is going to cremate them without holding a post-mortem and inquests. That is against the procedure. There should be investigations before their cremation.”
Chief Opposition Whip and Kandy District MP Lakshman Kiriella said that the government should not dispose of the bodies of the Mahara victims without proper investigations and it should follow the legal procedures.
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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