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Midweek Review

How former CID Chief Shani ended up in Geneva agenda and clampdown on Ranjan’s tapes

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By Shamindra Ferdinando

Many eyebrows were raised when the Geneva-based UK Mission to the WTO, UN and other International Organizations recently referred to one-time Director of the Criminal Investigation Department (CID) Gnendra Shani Abeysekara.

In a brief statement, dated June 22, 2021, that dealt with Sri Lanka, the UK, on behalf of the literally self-appointed Sri Lanka Core Group (whether we like it or not), comprising Canada, Germany, North Macedonia, Malawi, Montenegro and the UK, demanded the safety of Abeysekara. The grouping told the world: “We call for former CID director Shani Abeysekara’s safety to be ensured.”

The Geneva statement was made ahead of Abeysekara’s retirement. At the time Abeysekara retired on June 30, 2021, he was on bail having been arrested, in July 2020, in connection with the alleged fabrication of evidence against former DIG Vass Gunawardena and several others. The latter group had been arrested over the alleged abduction and killing of Mohammed Shyam, on May 22, 2013. Along with Abeysekara, the Appeal Court bench consisting of Justices Nissanka Bandula Karunaratne and R. Gurusinghe on June 16, 2021 also granted bail to former Sub Inspector of CID Sugath Mendis. Both were subjected to strict bail conditions.

Attorney-at-Law K.W. Janaranjana, the editor of Annidda, has meticulously dealt with the killing of Mohammed Shyam, investigations conducted by Abeysekara, the 2019 change of government, the probe taking a new turn, Abeysekara’s arrest and, finally, the Court of Appeal granting the former CID Director and SI Sugath Mendis bail. The full page article authored by the civil society activist, formerly with Ravaya, carried on its June 27, 2021 edition, is a must read.

The UK-led Core Group addressed the Abeysekara’s arrest, pertaining to the alleged fabrication of evidence. Yahapalana Justice Minister Thalatha Atukorale, too, called for an end to what she called persecution of Abeysekara. The Sri Lanka Core Group wouldn’t have taken up Abeysekara’s case in Geneva without being pushed by the Colombo-based civil society group. There had never been such a Western intervention on behalf of a law enforcement officer here, though there were intrusions by individual countries. Switzerland accommodating Abeysekara acolyte Chief Inspector Nishantha Silva and his family in its asylum programme is a case in point. CI Silva, accompanied by his family, left the country just over a week after the 2019 presidential election. Their departure to Switzerland paved the way for those who had been involved in the conspiracy to accuse newly elected President Gotabaya Rajapaksa’s government of abducting local Swiss Embassy employee, Francis Garnier, formerly Sriyalatha Perera.

The London headquartered Amnesty International, in late Nov 2020, expressed concerns over Abeysekara’s safety, in prison, after he was tested Covid-19 positive. According to the AI, the police officer who had been interdicted over alleged fabrication of evidence, in respect of Mohammed Shyam’s case, earned the wrath of the second Rajapaksa government for exposing human rights abuses implicating top politicians.

 

SC endorses HC ruling

One of the high profile cases, handled by Abeysekara, was the killing of four persons, including former lawmaker Bharatha Lakshman Premachandra, who had been assigned to handle the UPFA trade union activity. The then Attorney General filed 17 indictments against 13 defendants for the murders of Bharatha Lakshman Premachandra, Damitha Darshana Jayathilake, Jalaldeen Mohamed Azeem and Manuel Kumaraswamy, on October 8, 2011, the day of the Local Government Elections, at Himbutana, Angoda. Following an extensive trial, High Court judges Padmini M. Ranawaka and M.T.B.S. Moraes (believed to be in Fiji as a judge) sentenced the defendants to death on Dec 8, 2016. However, the President of the trial-at-bar, Judge Shiran Gooneratne (now in the Supreme Court) disagreed. He acquitted 13 defendants from all charges filed against them whereas Judge Padmini Ranawaka, with Judge M.T.B.S. Moraes, agreeing, acquitted 08 of the 13 defendants from all charges.

At the time of the Himbutana incident, Duminda Silva had been Colombo District lawmaker and Monitoring MP for the Defence Ministry. The other Monitoring MP in that Rajapaksa administration was Sajin Vass Gunawardena, assigned to the Foreign Ministry.

The Supreme Court, on Oct 11, 2018, dismissed an appeal filed by Duminda Silva and the three others. The SC bench comprised five judges. Duminda Silva and the three other accuseds, filed an appeal against the death penalty imposed by the High Court on Dec 8, 2016. At the SC proceedings, the 01st accused, Police Constable Anura Thushara de Mel was acquitted of all charges by the bench consisting of the then Chief Justice Priyasath Dep, Justices Buwaneka Aluvihare, Nalin Perera, Priyantha Jayawardena and Vijith Malalgoda. Thereby the SC reaffirmed the death penalty imposed on Duminda Silva, Srinayake Pathiranage, Chaminda Ravi Jayanath alias Dematagoda Chaminda and Dissanayake Mudiyanselage Sarath Bandara.

However, the releasing of audio tapes of conversations among Abeysekara (he hadn’t been appointed Director CID then), Deputy Minister of Social Empowerment Ranjan Ramanayake, the then High Court judge Mrs. Padmini Ranawaka and President Maithripala Sirisena, in the wake of the 2019 Presidential Election, sent shock waves through political parties, the judiciary, the police and the civil society. Controversy still surrounds the circumstances under which the police received the recordings, secretly made by Ramanayake. Selected tapes were released to both the print and electronic media. Social media prevented efforts to hush up the shocking revelations, pertaining to the Himbutana killings, and the subsequent judgment.

Those in authority conveniently refrained from conducting a proper investigation into the scandalous interventions made by Ramanayake, as well as the conduct of HC judge Mrs. Ranawaka, and Abeysekara, though the police recorded some statements, including that of Mrs. Ranawaka. Parliament, through a statement issued by its Director Department of Communication, Shan Wijetunga, explained its position. That statement dated Feb 7, 2021, based on the decisions taken by the Committee on Parliamentary Business, as regards Ramanayake’s tapes, is reproduced here: “The CDs containing the recorded telephone conversations which were handed over to the Hansard Department of Parliament by MP Ranjan Ramanayake was taken into a lengthy discussion during the Committee on Parliamentary Business held today (Feb. 07, 2021).

 Accordingly, the Committee Members directed Parliament officials to submit the alleged CDs to the Speaker of Parliament, Karu Jayasuriya, to examine matters concerning national prejudice, insults directed at elite persons and words which are inconsistent with Parliament.

The Committee then decided that the Speaker should examine it further and take appropriate action. The decision to table the CDs and give access to the MPs was deferred for later consideration.”

Parliament never released the CDs. Karu Jayasuriya’s recent call to grant presidential pardon to Ramanayake should be examined against the backdrop of how Parliament responded to the disturbing revelations and the suppression of CDs.

 

Meeting press outside Temple Trees

Ramanayake got into trouble for a statement he made outside Temple Trees, on August 21, 2017, following a parliamentary group meeting of the then ruling party. A simmering controversy erupted over the leaked tapes in the wake of the Supreme Court sentencing Ramanayake on January 12, 2021. A three-judge bench, comprising Justices Sisira de Abrew, Vijith Malalgoda and Preethi Padman Surasena, sentenced Ramanayake to four years rigorous imprisonment after convicting him of contempt of court. The Attorney General filed the case following a complaint filed in the Supreme Court by Ranawaka Sunil Perera of 43/11, Walawwatta Road, Gangodawila, Nugegoda. The case has been in terms of Article 105(3) of the Constitution.

Ranawaka Sunil Perera moved the Supreme Court on the day after Ramanayake accused lawyers and judges of being corrupt.

Rasika Dissanayake, with Sandun Senadhipathi, appeared for the petitioner, on the instructions of Sanath Wijewardena, whereas Tamil National Alliance lawmaker M.A. Sumanthiran, PC, with Viran Corea and J.C. Thambiah, appeared for the respondent on the instructions of D. Vithanapathirana. Sarath Jayamanne PC ASG, with Suharshi Herath SSC, represented the Attorney-General.

But, interventions made by Ramanayake, throughout 2016, in respect of judgment in the Himbutana killings, had never been properly investigated, though Parliament, and the police, received the tapes well over a year ago. The bottom line is that the appalling disclosures in audio tapes had never been subjected to judicial proceedings.

Now Karu Jayasuriya, in his new capacity as the Chairperson of the NMSJ (National Movement for Social Justice), pioneered by the late Ven Maduluwawe Sobitha wants President Gotabaya Rajapaksa to pardon Ranjan Ramanayake, the way he freed Duminda Silva. Following the last parliamentary election, in August 2020, Prof Sarath Wijesuriya gave up the NMSJ leadership for Jayasuriya’s entry. Those who are genuinely interested in good governance and accountability should listen to those tapes and take tangible measures to conduct a thorough investigation into the whole affair. The conversations involving Abeysekara and Ramanayake, President Sirisena, Ramanayake and Judge Mrs. Ranawaka depict a pathetic situation.

Before the writer dealt with the leaked conversations, it would be pertinent to mention that Abeysekara received promotion to the rank of SSP on August 8, 2016, and appointed as Director, CID, in the first week of Sept 2017. Abeysekara served as CID Director till he received a transfer, on Nov 21, 2019, as Personal Assistant to DIG, Galle.

Did Ramanayake speak to High Court Judge Mrs. Ranawaka to influence the murder conviction against Duminda Silva, sans permission from the party leadership? Did the then top UNP leadership ask him to approach judges in respect of various cases? Ramanayaka is also on record phoning High Court judge Gihan Pilapitiya and Magistrate Dhammika Hemapala. Following the disclosure of a fraction of the tapes secretly recorded by Ramanayake, the police compiled statements from Mrs. Ranawaka (retired), Pilapitiya and Hemapala. Let me focus on the conversations involving Mrs. Ranawaka, Ramanayake, Abeysekara and President Sirisena (now SLPP Polonnaruwa district MP. Sirisena remains the SLFP leader).

 

How Prez’s intervention
sought for promotion

Mrs. Ranawaka had no qualms in declaring that she had no confidence in President Sirisena though she subsequently directly pleaded with him to promote her to the Court of Appeal. Mrs. Ranawaka expressed doubts about President Sirisena when Ramanayake phoned her on July 14, 2016, in the wake of Abeysekara expressing serious concerns over the way the Duminda Silva matter, and related issues, were being handled. Nearly two dozen conversations, involving Ramanayaka and Abeysekara, should be examined without taking them in isolation. According to conversations now in public domain, Mrs Ranawaka asked Ramanayaka to intervene on her behalf when the latter pressed her on the pending judgment on the Himbutana killings. The judge also made reference to the then lawmaker and Attorney-at-Law Ajith P. Perera during her conversation, initiated by Ramanayake. The way the conversation continued, clearly indicated that the call taken by Ramanayake, on July 14, 2016, couldn’t have been the first and they knew each other very well.  Mrs. Ranawaka, obviously exploited Ramanayake’s intervention to explore the possibility of moving up the ladder with unbridled political patronage.

Let me stress that Ramanayake didn’t mince his words when he repeatedly sought assurances from Mrs Ranawaka and Abeysekara, in separate conversations, whether they were sure of a guilty verdict in respect of the Himbutana killings. Abeysekara repeatedly assured Ramanayake he was convinced of a guilty verdict. At one point, Abeysekara declared all three judges would take a common stand. Abeysekara had been so confident of the impending ruling, at one point he assured Ramanayake that he was 10,000 percent sure of the verdict. Abeysekara warned Ramanayake of dire consequences if he made any further direct interventions, particularly with Mrs. Ranawaka.

 Abeysekara, however, pointed out to Ramanayake that calling Mrs Ranawaka was nothing but a mistake but he cut a sorry figure by pleading with the UNP Deputy Minister not to discuss the issue at hand with anyone, including President Sirisena. Ramanayake ignored Abeysekara’s advice.

After the three-member bench delivered judgment on the Himbutana killings, Ramanayake, on Sept 12, 2017, arranged for President Sirisena to talk with Mrs. Ranawaka. She unashamedly sought President Sirisena’s intervention to secure a promotion to the Court of Appeal. Having repeatedly assured good governance and accountability, the yahapalana grandees caused unprecedented turmoil. In the absence of a proper inquiry at any level, Ramanayake’s interventions in judicial matters were never dealt with.

In spite of Ramanayake’s deplorable conduct, the Samagi Jana Balavegaya (SJB), the breakaway faction of the UNP, had no misgivings in accommodating him on its Gampaha District list at the August 2020 General Election. The SJB cannot absolve itself of the UNP’s culpabilities, ranging from Treasury bond scams, perpetrated in Feb 2015 and March 2016, to failure to prevent the 2019 Easter Sunday attacks, despite being forewarned with precise intelligence.

Former Speaker Karunaratne Jayasuriya, despite always being clad in immaculate lily white national attire, like most shrewd politicians, however failed to inquire into Ramanayake’s sordid vigilante type justice. What we should understand is that he is foremost a politician. Jayasuriya, one-time UNP Deputy Leader and a member of the 2015 UNP parliamentary group, was named the Speaker, therefore his actions/failures can be explained. However, the pathetic failure on the part of the SLPP to initiate an inquiry into the Ramanayake affair, nearly a year after the last general election, is an indication of the utterly irresponsible Parliament, where many a backroom deal is made.

All parties represented in Parliament, particularly the SLPP, and the SJB, with nearly 200 lawmakers in Parliament should take a clear stand on political interventions in judgments. Whatever the shortcomings, those drafting a new Constitution, at a great cost to the taxpayer, should do away with constitutional provisions in respect of presidential pardons and formulate a mechanism for judicial review of previous rulings in case of the emergence of fresh evidence. Presidential pardon shouldn’t be a ‘tool’ available for the executive, under any circumstances. Political parties should reach a consensus on the need to abolish the presidential pardon, as such powers make a mockery of democracy.  

But, in the so-called greatest democracy, the USA, even if we leave aside the erratic and unscrupulous behaviour of President Trump and take for example the actions of President Obama, one of the darlings of the liberal media there, he pardoned nearly 2000 felons before he left office At least in the local instance of Duminda Silva, the presidential pardon managed to undo a grave injustice to a man, who was shot first in the head. So the President overturning his murder conviction for the other killings that took place after he was incapacitated, amidst shenanigans involving Ranjan Ramanayake, Shani Abeysekara and Judge Padmini Ranawaka, was the right thing to do.

 The government should go for a thorough inquiry into Ramanayake’s tapes. Let us hope Parliament, without further delay, makes all tapes available to its members and takes tangible measures to facilitate no holds barred investigations. The way Abeysekara used Ramanayake to target Brigadier Suresh Salley of the Directorate of Military Intelligence (DMI) is evidence how all stakeholders exploited various situations to their advantage. Abeysekara wanted Ramanayake to set the stage for Salley’s removal. Whatever the circumstances, the then Premier Wickremesinghe unceremoniously removed Salley.

Perhaps, the Foreign Ministry should make available certified translations of all available telephone conversations among former High Court judge Padmini Ranawaka, retired SSP Shani Abeysekara, former lawmaker Ranjan Ramanayake and former President Maithripala Sirisena to members of Sri Lanka Core Group. The Foreign Ministry should seriously consider briefing the Core Group members, particularly the UK, Canada and Germany, to prevent them from further exploiting Abeysekara’s case.



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Midweek Review

BASL fears next set of civil society representatives might be rubber stamps of NPP

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A group of officials from National Audit Office of Sri Lanka attend a capacity building programme in India

CC in dilemma over filling impending vacancies

Sajith Premadasa

Amidst a simmering row over the controversial move to have Deshabandu Tennakoon as the IGP at the time of crucial presidential election, Opposition Leader Sajith Premadasa alleged: “The Speaker sent a letter to the President, recommending the appointment of Deshabandu Tennakoon as IGP. He distorted the Constitutional Council ruling by interpreting the two abstaining votes of civil society members as votes against Deshabandu and used his casting vote to recommend Deshabandu as the Constitutional Council decision. It is on the basis of the Speaker’s letter that the President made the appointment. The Speaker has blatantly violated the Constitution

.”

Speculation is rife about a possible attempt by the ruling National People’s Power (NPP) to take control of the 10-member Constitutional Council (CC). The only way to take command of the CC is to appoint those willing to pursue the NPP agenda as civil society representatives.

Against the backdrop of the NPP’s failure to obtain CC’s approval to finalise the appointment of the Auditor General, the government seems hell-bent on taking control of it. Civil society representatives, namely Dr. Prathap Ramanujam, Dr. (Mrs.) Dilkushi Anula Wijesundere and Dr. (Mrs.) Weligama Vidana Arachchige Dinesha Samararatne, whose tenure is coming to an end in January, blocked President Anura Kumara Dissanayake’s nominee receiving the AG’s position. They took a courageous stand in the greater interest of the nation.

Chulantha Wickramaratne, who served as AG for a period of six years, retired in April 2025. Following his retirement, President Anura Kumara Dissanayake first nominated H.T.P. Chandana, an audit officer at the Ceylon Petroleum Corporation. The CC rejected the nomination. Subsequently, President Dissanayake appointed the next senior-most official at the National Audit Office (NAO) Dharmapala Gammanpila, as Acting Auditor General for six months. Then, the President nominated Senior Deputy Auditor General L.S.I. Jayarathne to serve in an acting capacity, but her nomination, too, was also rejected.

Many an eyebrow was raised when the President nominated O.R. Rajasinghe, the Internal Audit Director of the Sri Lanka Army, for the top post. As a result, the vital position remains vacant since 07 December. Obviously the overzealous President does not take ‘No’ for an answer when filling key independent positions with his minions

The Bar Association of Sri Lanka (BASL) in a letter dated 22 December, addressed to President Dissanayake, who is the leader of the NPP and the JVP, Prime Minister Dr. Harini Amarasuriya, Speaker Dr. Jagath Wickremaratne and Opposition Leader Sajith Premadasa emphasised their collective responsibility in ensuring transparency in the appointment of civil society representatives.

Cabinet spokesperson and Health and Media Minister, Dr. Nalinda Jayatissa, is on record as having emphasised the urgent need to finalise the appointment. Minister Jayatissa alleged, at the post-Cabinet media briefing, that the President’s nominations had been rejected without giving explanation by certain members, including three representatives of civil society.

Parliament, on 18 January, 2023, approved the former Ministry Secretary Dr. Ramanujam, former Chairperson of the Sri Lanka Medical Association Dr. Wijesundere, and Dr. Samararatne of the University of Colombo as civil society representatives to the CC.

They were the first post-Aragalaya civil society members of the CC. The current CC was introduced by the 21 Amendment to the Constitution which was endorsed on 31st of October, 2022, during a time of grave uncertainty. UNP leader Ranil Wickremesinghe, who had been elected by the SLPP to complete the remainder of ousted President Gotabaya Rajapaksa’s five-year term, sought to manipulate the CC. Wickremesinghe received the SLPP’s backing though they fell out later.

During Wickremesinghe’s tenure as the President, civil society representatives earned the wrath of the then Rajapaksa-Wickremesinghe government by refusing to back Deshabandu Tennakoon’s appointment as the IGP. The then Speaker Mahinda Yapa Abeywardena was accused of manipulating CC’s ruling in respect of Deshabandu Tennakoon to suit Wickremesinghe’s agenda.

Amidst a simmering row over the controversial move to have Deshabandu Tennakoon as the IGP, at the time of crucial presidential election, Opposition Leader Sajith Premadasa alleged: “The Speaker sent a letter to the President, recommending the appointment of Deshabandu Tennakoon as IGP. He distorted the Constitutional Council ruling by interpreting the two abstaining votes of civil society members as votes against Deshabandu and used his casting vote to recommend Deshabandu as the Constitutional Council decision. It is on the basis of the Speaker’s letter that the President made the appointment. The Speaker has blatantly violated the Constitution.”

The NPP realises the urgent need to neutralise the CC. The composition of the CC does not give the Opposition an opportunity to challenge the government if the next three civil society representatives succumb to political pressure. The Speaker is the Chairman of the CC. The present composition of the Constitutional Council is as follows: Speaker (Dr) Jagath Wickramaratne, ex-officio, PM (Dr) Harini Amarasuriya, ex-officio, Leader of the Opposition Sajith Premadasa, ex-officio, Bimal Rathnayake, Aboobucker Athambawa, Ajith P. Perera, Sivagnanam Shritharan, Dr Prathap Ramanujam, Dr Dilkushi Anula Wijesundere and Dr Dinesha Samararatne.

In terms of Article 41E of the Constitution, the CC meets at least twice every month, and may meet as often as may be necessary.

The failure on the part of the NPP to take over Office of the AG must have compelled them to explore ways and means of somehow bringing CC under its influence. The end of the current civil society members’ term, has given the government a chance to fill the vacancies with henchmen.

BASL’s letters that dealt with the appointment of civil society representatives to the CC and the failure to appoint AG, both dated 22 December, paint a bleak picture of the NPP that throughout the presidential and parliamentary polls last year assured the country of a system change. The NPP’s strategy in respect of filling the AG’s vacancy and possible bid to manipulate the CC through the appointment of civil society representatives reminds us of the despicable manipulations undertaken by previous governments.

An appeal to goverment

BASL seems convinced that the NPP would make an attempt to appoint its own to the CC. BASL has urged the government to consult civil society and professional bodies, including them, regarding the forthcoming vacancies in the CC. It would be interesting to examine the NPP’s strategy as civil society, too, would face daunting challenges in choosing representatives.

Civil society representatives are nominated by the Speaker by agreement of the Prime Minister and the Leader of the Opposition.

If consensus cannot be reached swiftly, it would cause further political turmoil at a time the country is experiencing an unexpected burden of dealing with the post-Cyclone Ditwah recovery process.

The term of non-ex-officio members of the Council is three years from the date of appointment. In terms of the Constitution, the civil society representatives should be persons of eminence and integrity who have distinguished themselves in public or professional life and who are not members of any political party. Their nominations should be approved by Parliament.

In spite of the NPP having an absolute 2/3 majority in Parliament, the ruling party is under pressure. The composition of the CC is a big headache for NPP leaders struggling to cope up with rising dissent over a spate of wrongdoings and a plethora of broken promises. The furore over the inordinate delay in finalising AG’s appointment has made matters worse, particularly against the backdrop of the BASL, Transparency International Sri Lanka Chapter and Committee on Public Finance, taking a common stand.

Having been part of the clandestine regime change project in 2022; Western powers and India cannot turn a blind eye to what is going on. Some Colombo-based foreign envoys believe that there is no alternative to the NPP and the government should be given the opportunity to proceed with its action plan. The uncompromising stand taken by the NPP with regard to the appointment of permanent AG has exposed the ruling party.

In the wake of ongoing controversy over the appointment of the AG, the NPP’s integrity and its much-touted vow to tackle waste, corruption, irregularities and mismanagement seems hollow.

The government bigwigs must realise that appointment of those who campaigned for the party at the presidential and parliamentary polls caused deterioration of public confidence. The appointment of ex-top cops Sharnie Abeysekera and Ravi Seneviratne with black marks as Director, CID and Secretary to the Ministry of Public Security and Parliamentary Affairs, eroded public confidence in the NPP administration.

A vital role for CC

The SLPP, reduced to just three lawmakers in the current Parliament, resented the CC. Having secured a near 2/3 majority in the House at the 2020 Parliamentary election, the SLPP made its move against the CC, in a strategy that was meant to strengthen President Gotabaya Rajapaksa’s hands at the expense of Parliament. Introduced in 2001 during Chandrika Bandaranaike Kumaratunga’s presidency, the 17th Amendment paved the way for the establishment of the CC. Those who wielded political power subjected the CC to critical changes through 18th, 19th and 20th amendments. Of them, perhaps, the 20th Amendment to the Constitution that had been passed in October 2020 is the worst. The SLPP replaced the CC with a Parliamentary Council. That project was meant to consolidate power in the Executive President, thereby allowing the appointment of key officials, like judges, the Attorney General, and heads of independent commissions.

People may have now forgotten the 20th Amendment removed civil society representatives from the so-called Parliamentary Council consisting of lawmakers who represented the interests of the government and the main Opposition. But such manipulations failed to neutralise the challenge (read Aragalaya) backed by external powers. The role played by the US and India in that project has been established and there cannot be any dispute over their intervention that forced Gotabaya Rajapaksa to flee the country.

Interestingly, Ranil Wickremesinghe, who had been picked by the SLPP to complete the remainder of Gotabaya Rajapaksa’s term, restored the CC through the passage of 21 Amendment on 31 October, 2022. Unfortunately, the NPP now wants to manipulate the CC by packing it with those willing to abide by its agenda.

It would be pertinent to mention that the 20th Amendment was aimed at neutralising dissent at any level. Those who formulated that piece of legislation went to the extent of proposing that the President could sack members appointed to the Parliamentary Council by the Prime Minister and the Opposition Leader without consulting anyone.

If not for the Aragalaya, the Parliamentary Council that didn’t serve any meaningful purpose could have paved the way for the President to fill all key positions with his nominees.

Recommendation of nominations to the President for the appointment of Chairpersons and Members of Commissions specified in the Schedule to Article 41B of the Constitution.

Commissions specified in the Schedule to Article 41B: The Election Commission, the Public Service Commission, the National Police Commission, the Audit Service Commission, the Human Rights Commission of Sri Lanka, the Commission to Investigate Allegations of Bribery or Corruption, the Finance Commission, the Delimitation Commission and the National Procurement Commission.

Approval/ Disapproval of recommendations by the President for the appointment to the Offices specified in the Schedule to Article 41C of the Constitution.

Offices specified in the Schedule to Article 41C: The Chief Justice and the Judges of the Supreme Court, the President and the Judges of the Court of Appeal, the Members of the Judicial Service Commission, other than the Chairman, the Attorney-General, the Governor of the Central Bank of Sri Lanka, the Auditor-General, the Inspector-General of Police, the Parliamentary Commissioner for Administration (Ombudsman) and the Secretary-General of Parliament.

NPP under pressure

In spite of having the executive presidency, a 2/3 majority in the legislature, and the bulk of Local Government authorities under its control, the NPP is under pressure. Their failure to muster sufficient support among the members of the Colombo Municipal Council (CMC) to pass its 2026 Budget underscored the gravity of the developing situation. The unexpected loss suffered at the CMC shook the ruling party.

But, the NPP faces a far bigger challenge in filling the AG’s vacancy as well as the new composition of the CC. If the NPP succeeds with its efforts to replace the current civil society representatives with rubber stamps, the ruling party may feel vindicated but such feelings are likely to be short-lived.

Having criticised the government over both contentious matters, the BASL may be forced to step up pressure on the government unless they can reach a consensus. It would be really interesting to know whether the government accepted the BASL’s request for consultations with the stakeholders. Unless consensus can be reached between the warring parties there is possibility of opening of a new front with the BASL and civil society being compelled to take a common stand against the government.

The developing scenario should be examined taking into consideration political parties and civil society confronting the government over the proposed Protection of the State from Terrorism Act (PSTA). Having promised to do away with the Prevention of Terrorism Act (PTA) in the run up to the presidential election, the NPP is trying to explain that it cannot do without anti-terrorism law. The civil society is deeply unhappy over the NPP’s change of heart.

The National Peace Council (NPP) that has been generally supportive and appreciative of the NPP’s efforts probably with the blessings of its benefactors in the West, too, has now found fault with the proposed PSTA. Dr. Jehan Perera, NPP’s Executive Director commented: “A preliminary review of the draft PSTA indicates that it retains core features of the PTA that have enabled serious abuse over decades. These include provisions permitting detention for up to two years without a person being charged before a court of law. In addition, the broad definition of terrorism under the draft law allows acts of dissent and civil disobedience to be labelled as terrorism, thereby permitting disproportionate and excessive responses by the state. Such provisions replicate the logic of the PTA rather than mark a clear break from it.”

Except the BASL, other professional bodies and political parties haven’t commented on the developing situation at the CC while taking into consideration the delay in appointing an AG. The issue at hand is whether the government intends to hold up AG’s appointment till the change of the CC’s composition in its favour. Whatever the specific reasons, a country that has suffered for want of accountability and transparency, enters 2026 without such an important person to guard against all types of financial shenanigans in the state.

All previous governments sought to influence the Office of the AG. The proposed establishment of NAO prompted the powers that be to undermine the effort. The Yahapalana administration diluted the National Audit Bill and what had been endorsed as National Audit Act, Nov. 19 of 2018 was definitely not the anti-corruption grouping originally proposed. That Act was amended this year but the Office of the AG remains vacant.

The NPP has caused itself immense harm by failing to reach consensus with the CC on filling the AG’s post. Unfortunately, the ruling party seems to be uninterested in addressing the issue expeditiously but is exploring the possibility of taking over control of the CC by stuffing it with civil society members favourable to the current ruling clique.

By Shamindra Ferdinando

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Midweek Review

Towards Decolonizing Social Sciences and Humanities

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‘Can Asians Think?’

want to initiate this essay with several questions. That is, are we, in Sri Lanka and in our region, intellectually subservient to what is often referred to as the ‘West’? Specifically, can knowledge production in broad disciplinary areas such as social sciences and humanities be more creative, original and generated in response to local conditions and histories, particularly when it comes to practices such as formulating philosophy and theory as well as concepts and approaches? Why have we so far imported these from Western Europe and North America as has been the undisputed norm?

In exploring the responses and delving into this discussion, I will seek reference from the politics of the recently published book, Decolonial Keywords: South Asian Thoughts and Attitudes edited by Renny Thomas from the Department of Humanities and Social Sciences at the Indian Institute of Science Education and Research – Bhopal and me. The book was brought out by Delhi-based Tulika Publishers in December 2025.

Let me first unpack my anxiety over theory and philosophy, which I have talked about many times previously too. Any social science or humanities text we read here or elsewhere in South Asia invariably borrows concepts, theories and philosophical input generated mostly in Western Europe and North America. It almost appears as if our region is incapable of serious and abstract thinking. It is in this same context, but specifically with reference to India that Prathama Banerjee, Aditya Nigam and Rakesh Pandey have observed in their critical essay, ‘The Work of Theory Thinking across Traditions’ (2016), that for many “theory appears as a ready-made body of philosophical thought, produced in the West …” They argue, “the more theory-inclined among us simply pick the latest theory off-the-shelf and ‘apply’ it to our context, notwithstanding its provincial European origin, for we believe that ‘theory’ is by definition universal.”

Here, Banerjee et al make two important points. That is, there is an almost universal acceptability in the region that ‘theory’ is a kind of philosophical work that is exclusively produced in the West, followed by an almost blind and unreflective readiness among many of us to simply apply these ideas to local contexts. In doing so, they fail to take into serious consideration the initial temporal and historical contexts in which these bodies of knowledge were generated. However, theory or philosophy is not universal.

This knowledge is contextually linked to very specific social, political and historical conditions that allowed such knowledge to emanate in the first place. It therefore stands to reason that such knowledge cannot be applied haphazardly/ willy-nilly anywhere in the world without grave consequences. Of course, some ideas can be of universal validity as long as they are carefully placed in context. But to perceive theory or philosophy as all-weather universals is patently false even though this is the way they are often understood from universities to segments within society in general. This naiveté is part of the legacy of colonialism from which these disciplines as well as much of their theoretical and philosophical structures have been bequeathed to us.

It is in this context that I would like to discuss the politics our book, Decolonial Keywords: South Asian Thoughts and Attitudes entail. Here, thirty South Asian scholars from across disciplines in social sciences and humanities have come together to “discuss words and ideas from a variety of regional languages, ranging from Sinhala to Hebrew Malayalam” encapsulating “the region’s languages and its vast cultural landscape, crossing national borders.” To be more specific, these languages include Assamese, Arabic-Malayalam, Bengali, Hebrew Malayalam, Hindi, Nepali, Sanskrit, Sinhala, South Asian uses of English, Tamil-Arabic, Tamil, Urdu and concepts from indigenous languages of Nagaland and Arunachal Pradesh.

Each chapter, focuses on a selected word and “reiterates specific attitudes, ways of seeing and methods of doing that are embedded in the historical and contemporary experiences of the region” keeping in mind “the contexts of their production and how their meanings might have changed at different historical moments.”

In this exploration, the volume attempts to understand “if these words and concepts can infuse a certain intellectual rigour into reinventing social sciences and humanities in the region and beyond.” In short, what we have attempted is to offer a point of departure to a comprehensive and culturally, linguistically and politically inclusive effort at theory-building and conceptual fine-tuning based on South Asian experiences and histories. We assume these concepts from our region might be able to speak to the world in the same way schools of thought in politically dominant regions of the world have done so far to us. This is a matter of decolonizing our disciplines. But it is still not a claim for universality. After all, our main focus is to come up with a body of conceptual categories that might be useful in reading the region.

When Sri Lankan social sciences and humanities as well as the same disciplines elsewhere in the region thoughtlessly embrace knowledges imported in conditions of unequal power relations, it can never produce forums for discourse from which we can speak to the world with authority. In this book, Thomas and I have attempted, as an initial and self-conscious effort, to flip the script on theory-building and conceptualization in social sciences and humanities in South Asia in the region’s favour.

We are however mindful that this effort has its risks, intellectually speaking. That is, we are conscious this effort must be undertaken without succumbing to crude and parochial forms of nativism that are also politically powerful in the region including in Sri Lanka and India. This book presents an array of possibilities if we are serious about decolonizing our social sciences and humanities to infuse power into the discourses we generate and take them to the world instead of celebrating our parochiality like the proverbial frog in the well. Unfortunately, more often than not, we are trained to be intellectually subservient, and mere followers, not innovators and leaders bringing to mind the polemical title of Kishore Mahbubani’s 2002 book, Can Asians Think?

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Midweek Review

The ever-changing river: Chandana Ruwan Jayanetti’s evolving poetic voice

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Poems from Galle , by Chandana Ruwan Jayanetti, was launched on December 20 at Dakshinapaya, the auditorium of the Chief Ministry of the Southern Provincial Council, Labuduwa, Galle. Head table at the launch (from left): author Jayanetti; Minister of Buddhasasana, Religious and Cultural Affairs Dr. Hiniduma Sunil Senevi; Emeritus Professor Rajiva Wijesinha; and renowned poet, lyricist, and literary figure Dr. Rathna Sri Wijesinghe.

It is said that no man steps into the same river twice, for it is not the same river, and he is not the same man. These words came to mind upon reading Chandana Ruwan Jayanetti’s latest poetry collection, Poems from Galle, which inevitably invites comparison with his earlier work, particularly his first volume of poetry and prose, Reflections in Loneliness: A Collection of Poems and Prose (2015).

In this new collection, Jayanetti is demonstrably not the same poet he was a decade ago. His horizons have widened. his subject matter has diversified, and his thematic range has deepened. The earlier hallmarks of his work, including his empathetic attention to human experience, sensitivity to the natural world, and intimate, reflective tone, remain present. Yet they are now complemented by a stronger defiance, a more deliberate engagement with the political and the cosmic, and a broader mosaic of local and universal concerns. His poetic voice has evolved in scope, tonal range, and thematic ambition.

My own acquaintance with Jayanetti’s poetry dates back to our undergraduate days at Sabaragamuwa University of Sri Lanka, where we were classmates pursuing a BA in Languages (English Special). Even then, his work revealed precise observational skill coupled with profound sympathy for individuals. This early sensibility found fuller articulation in Reflections in Loneliness, a collection spanning nearly two decades of creative endeavor.

That inaugural volume traversed a wide thematic landscape: childhood memories; tender compassion toward humans and animals; tributes to the deserving; the joys and sorrows of young love; and reflections on Sri Lanka’s three-decade Northeast conflict, which concluded in 2009. Jayanetti’s verse, written with sincerity and empathy, moves fluidly from deeply personal to universally human. Moments of striking poignancy include the loss of his wife’s mother, the death of a young friend who marched unflinchingly to the warfront, and the bittersweet parting from a lover.

The prose section of Reflections in Loneliness offered a return to the rural simplicity of the 1970s and ’80s through the perspective of a schoolboy. Essays such as We Buy a Bicycle, Television Descends, The Village Goes to the Fair, Bathing Excursions and Hingurakanda evoke a bygone era with unvarnished authenticity. As literary critic Kamala Wijeratne noted, Jayanetti’s prose merited commendation for its perceptive and affectionate portrayal of rural life, written with the authority of lived experience. His meticulous attention to minute details revealed not only the flaws and frailties of human nature but also its loyalties and quiet virtues, articulated with unforced sympathy.

Consisting of 31 poems and five prose pieces, Reflections in Loneliness established Jayanetti as a writer of elegance, precision, and emotional depth. The current collection, however, confirms the Heraclitean and Buddhist insights: both the poet and his poetry have changed. The new work reflects an expansion from the personal to the cosmic, from the intimately local to the globally resonant, a testament to an artist in motion, carried forward by the ever-changing current of his creative life.

Jayanetti’s poetic corpus in the new book Poems from Galle, spanning thirty-five evocative works from They Heard the Cock Crow to A Birthday Celebration, reveals a profound and consistent artistic signature rooted in themes of humanity, nature, history, and social consciousness. Throughout these poems, Jayanetti demonstrates a distinctive voice that is simultaneously empathetic, contemplative, and alert to the complexities of his Sri Lankan heritage and the broader human condition. While maintaining a core of thematic and tonal consistency, each poem enriches this foundation by expanding into new dimensions of experience, whether personal, ecological, political, or historical.

A foundational element of Jayanetti’s poetry is the intimate relationship between humans and nature, frequently underscored by a deep ethical awareness. In poems like From a Herdman’s Life and My Neighbor, he gives voice to the quiet dignity of rural existence and animal companionship, portraying a symbiotic bond imbued with mutual care and respect. Similarly, Fallen Elephant and Inhumanity lament the cruelty inflicted upon majestic creatures, indicting human greed and violence. These poems articulate not only empathy for the natural world but also an implicit call for stewardship, threading a moral sensibility throughout the collection.

This concern extends to the socio-political sphere, as Jayanetti often situates his poems within the fraught realities of Sri Lanka’s history and struggles. Homage to Sir Henry Pedris honors a national martyr, while Confession of a Sri Lankan Cop exposes institutional corruption and personal integrity in tension. Hanuma Wannama and Gone Are They tackle political violence and social upheaval, reflecting the poet’s engagement with national trauma and collective memory. These works enrich the thematic landscape by connecting personal narrative to larger historical forces.

Jayanetti’s choice of subjects is remarkably diverse yet unified by a focus on lived experience—ranging from the intimate (To a Puppy That Departed, Benji) to the grand (Mekong, A Voyage). The poet’s attention to place, whether the Sri Lankan cityscape in City Morning and Evening from the College Terrace or the historic Ode to Galle Fort, anchors his work in locality while evoking universal themes of time, change, and belonging. Even poems centered on seemingly mundane moments, such as Staff Meeting or A Game, are elevated by the poet’s keen observational eye and capacity to find meaning in everyday rituals.

Moreover, Jayanetti often draws from historical and cultural memory, as seen in Ludowyk Remembered, Let Ho Chi Minh Guide You, and Rathna Sri Remembered, positioning his poetry as a dialogue between past and present. This choice expands his thematic range to include legacy, identity, and the power of remembrance, linking the individual to the collective consciousness.

Across the collection, Jayanetti’s tone is marked by a blend of gentle empathy and quiet strength. Poems such as A Companion Departed and To a Puppy That Departed convey tenderness and mourning with understated poignancy. His voice is intimate and accessible, inviting readers into personal reflections suffused with emotional depth.

Yet, this empathy is balanced by moments of stark realism and defiance.

In Corona and Hanuma Wannama, the tone shifts to urgent and accusatory, critiquing social injustice and political decay. A Ship Weeps mourns environmental devastation with an elegiac voice that is both sorrowful and admonitory. This tonal range reveals a poet capable of both consolation and confrontation, who embraces complexity rather than sentimentality.

While many poems explore specific moments or relationships, others invite contemplation on broader existential and cosmic themes. For instance, A Voyage and Mekong traverse spatial and temporal boundaries, evoking the interplay between human journeys and natural cycles. A Birthday Celebration reflects on legacy, learning, and the continuum of knowledge, blending personal homage with universal insight.

Even poems like A Bond and A Game gesture toward symbolic resonance, the former exploring interspecies loyalty as a metaphor for fidelity and duty, the latter invoking sport as a microcosm of life’s challenges and hopes. These works demonstrate Jayanetti’s ability to expand familiar motifs into metaphoric and philosophical territory, enriching his poetic landscape.

Jayanetti’s thirty-five poems in Poems from Galle collectively reveal a consistent and compelling artistic signature that intertwines compassionate engagement with nature and society, a profound sense of place, and an acute awareness of history and memory. His voice navigates seamlessly between moments of intimate reflection and urgent social commentary, creating a poetic landscape that resonates with both specificity and universality.

Each poem adds a distinct dimension to this mosaic. Historical and political awareness emerges strongly in poems like Let Ho Chi Minh Guide You and Homage to Sir Henry Pedris, where the sacrifices of national heroes and struggles for justice are evoked with reverence and clarity. Meanwhile, environmental consciousness is vividly articulated in works such as Abandoned Chena, Kottawa Forest, and Fallen Elephant, where the fragility of ecosystems and the human impact on nature are poignantly explored.

Jayanetti also delves deeply into themes of personal loss and companionship in poems like Benji, A Companion Departed, and In Memory of Brownie, tenderly capturing the bond between humans and animals. Poems like Confession of a Sri Lankan Cop and Hanuma Wannama offer raw social critique, revealing layers of political and moral complexity.

Through this interplay of historical, environmental, personal, and political themes, Jayanetti constructs a body of work that is distinctly Sri Lankan in its cultural and geographical grounding yet profoundly universal in its exploration of human experience. His poetry invites readers to reflect on the interconnected fates of humans, animals, and the natural world, urging a deeper awareness of our shared existence and responsibilities.

by Saman Indrajith

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