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Midweek Review

How UNP dug its own grave

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By Shamindra Ferdinando

The margin of the SLPP (Sri Lanka Podujana Peramuna) victory, at the Aug 5, 2020 general election, stunned the ruling coalition. The best possible result the SLPP expected was around 130 seats, including National List slots. SLPP Chairman and its top National List nominee, Prof. G.L. Peiris, about aproximately 30 minutes after polling commenced, countrywide, told the writer they expected around 130 seats.

About two weeks earlier, the leader of the Pivithuru Hela Urumaya (PHU) and Attorney-at-law Udaya Gammanpila, too, privately acknowledged they could secure around 130 seats.

Experienced campaigner and turncoat, S.B. Dissanayake, also of the SLPP, placed the number of seats, anticipated, a little less than 130 seats. But, they all predicted a very comfortable victory for the SLPP, though two-thirds seemed quite unrealistic.

The Aug 5 result proved a two-thirds majority was achievable, under the Proportional Representation (PR) system, though so-called experts thought otherwise. However, the margin of victory surprised even the three-and-half-year old SLPP, as well as the tattered UNP, established over 70 years ago.

For the first time, in our political history, a party (that ruled the country on several occasions) ended up without a single elected lawmaker. The UNP managed to secure one National List seat. The JVP did much better than the UNP by securing three seats, including one National List slot, but it was a comedown when compared to its previous performance at the August 2015 general election.

General Secretary of the UNP, Akila Viraj Kariyawasam, on Friday (7), blamed their worst defeat ever on their ‘own actions’ and those of others. The latter was definitely a reference to former UNP Deputy Leader Sajith Premadasa causing a split.

It would be pertinent to examine what Kariyawasam meant by ‘own actions’ in his pathetic attempt to explain the debilitating setback the once proud party suffered. The EC decision not to count preference votes, received by candidates of political parties that didn’t receive seats, saved them from further humiliation. If not, the paltry number of votes received by Ranil Wickremesinghe, Assistant Leader Ravi Karunanayake, National Organizer Navin Dissanayake, as well as financier Daya Gamage, would have become public, adding to the humiliating defeat.

The emergence of the SLPP, at the expense of the SLFP (Sri Lanka Freedom Party), should be studied, taking into consideration the deliberate wrongdoings, blunders, lapses, treachery and utterly irrational policies followed by the yahapalana administration, consisting of the UNP and a section of the SLFP-led UPFA.

Before we discuss why the voting public handed over such a massive mandate to the SLPP, it would be pertinent to mention that those who served the ruinous yahapalana coalition ended-up in four groups. The largest group formed (1) the Samagi Jana Balavegaya (SJB), (2) remained in permanently damaged UNP, (3) what was left of the SLFP and (4) those who returned to the Rajapaksa Camp, having served Maithripala Sirisena for some time.

Having publicly alleged that he would have ended up six feet under if Mahinda Rajapaksa had won the 2015 January presidential election, Maithripala Sirisena, too, returned to the Rajapaksa Camp to avoid being politically eliminated. If Sirisena’s SLFP contested the recently concluded general election, on its own, it, too, could have suffered the same fate that befell the UNP. The SLFP obviously avoided the disgraceful defeat by contesting under the flower bud symbol.

The SLFP, on its own, winning a seat in the Jaffna peninsula, is an exception. The SLFP contested the electoral districts of Jaffna and Kalutara. Final result of the Kalutara district reflected the ground situation, in 18 districts, where the SLPP recorded landslide victories. The SLFP polled 10,979 votes (1.57%), in the Kalutara district, and was placed 5th, whereas the SLPP obtained a staggering 448,699 votes (64.88%). The SLFP survived a political massacre by accepting the SLPP’s terms. The SLPP, quite rightly, dismissed the SLFP’s efforts to contest both the presidential and parliamentary polls, under a common symbol. Polonnaruwa district candidate Sirisena, in spite of being verbally abused and humiliated by fellow district SLPP candidate Roshan Ranasinghe, as well as Gampaha District SLPP leader Prasanna Ranatunga, polled the highest number of preferential votes from the Polonnaruwa District. Sirisena polled 111,137 preference votes, whereas Roshan Ranasinghe obtained 90,615. The SLFP, due to consensus with brazen SLPP, even at biased terms, has managed to save face.

‘Own actions’

The UNP suffered an irreparable setback, at the third parliamentary poll, since the conclusion of the war, in May 2009. The UNP’s loss, at the 2010 general election, was understandable. The then SLFP-led UPFA obtained 144 seats, including 17 National List slots, whereas the UNP secured 60. The UPFA taking the parliamentary election was a foregone conclusion in the wake of Mahinda Rajapaksa defeating General Sarath Fonseka at the 2010 January presidential election. But, the UNP obtained a respectable 60-member group and, five years later, used it to spearhead a high profile project to bring down Mahinda Rajapaksa.

But, the UNP, at the general election just concluded, has been reduced to just 1 National List MP. The UNP General Secretary should explain what he really meant by ‘own actions’ contributing to its downfall. Let me examine what these ‘own actions’ were as the SLPP triumph transformed the political landscape.

The SLPP can easily secure two-thirds with the backing of the SLFP (one elected from Jaffna) and three other Tamil and Muslim parties. Perhaps, it would be much better to amend the 19th Amendment to the Constitution, in consultation with the SJB (54 MPs), TNA (10), Jathika Jana Balavegaya (JJB/3) and the UNP (1) than exploiting the overwhelming majority to its advantage.

Sri Lanka is in such a political-economic mess, the SLPP should act responsibly. The formidable political power shouldn’t pursue abusive policies against the backdrop of annihilation of the Opposition. It would be a grave mistake on its part to tinker with the Constitution for its benefit. Perhaps, a consensus can be reached soon, on an amendment, to allow the President to hold the Defence portfolio.

Treasury bond scams

Having ousted Mahinda Rajapaksa, at the 2015 January presidential poll, a cocky UNP leadership brought in Singaporean Arjuna Mahendran as the Governor of the Central Bank, in January 2015. Wickremesinghe simply ignored Sirisena’s concerns as regards the appointment. Under heavy pressure, Sirisena handed over Mahendran’s letter of appointment. The Singaporean moved into the Governor’s Office, on January 26, 2016. The then Finance Minister Ravi Karunanayake made the recommendation in this regard. The first Treasury bond scam was perpetrated just four weeks later.

Kariyawasam’s reference to ‘own actions’ without doubt include the 2015 Treasury bond scam and the second perpetrated 13 months later, after the 2015 general election. The government was so cocky, it not only once but twice perpetrated massive Treasury bond scams at the expense of the national economy. In spite of the then yahapalana partner, the SLFP, making a big noise about Treasury bond scams, Sirisena’s party solidly stood by the UNP. Sirisena went to the extent of dissolving parliament, on the night of June 26, 2015, to prevent the Committee on Public Enterprises (COPE) presenting its report on the first Treasury bond scam to parliament. Sirisena exposed himself by delaying the appointment of the Presidential Commission of Inquiry (P CoI) to probe the Treasury bond scams, till January 2017; over seven months after Dr. Indrajith Coomaraswamy succeeded the Singaporean.

The top UNP leadership caused the party downfall by its ‘own actions.’ The SLFP, too, contributed to the rapid deterioration of the yahapalana government by playing ball with the UNP. Having allowed the UNP to ruin the yahapalana arrangement, Sirisena resorted to a constitutional coup, in late Oct 2018, to take back control of the government. Sirisena failed miserably.

The new government now faced a huge challenge in bringing the Treasury bond scams case to a successful conclusion. Ranil Wickremesinghe and Ravi Karunanayake embroiled in Treasury bond cases are no longer lawmakers. Wickremesinghe and Karunanayake, having first entered parliament in 1977 and 1994 (National List), respectively, served as members of parliament successively until last week. Wickremesinghe and Karunanayake now face the bleak prospect of facing a long drawn out case.

Geneva betrayal

Between the February 2015 and March 2016 Treasury bond scams, the UNP betrayed the country, at the Geneva-based United Nations Human Rights Council (UNHRC). Sirisena did absolutely nothing but to publicly criticize the Geneva betrayal. The President, in spite of being the Commander-in-Chief and the Defence Minister, answerable to the people, stayed with the UNP decision. In a bid to deceive the public, the yahapalana lot replaced the then Foreign Minister, Mangala Samaraweera, who directed the then Sri Lanka’s Permanent Representative in Geneva Ambassador, Ravinatha Aryasinha, to co-sponsor the controversial resolution, with Ravi Karunanayake, in May 2017. In spite of on and off public criticism, Sirisena, and those SLFPers who received ministerial portfolios, remained with the UNP. Karunanayake, embroiled in the Treasury bond scam controversy, continued with Samaraweera’s Geneva project. When Karunanayake was compelled to resign in the second week of August 2017, over shocking revelations before the Presidential Commission of Inquiry, Wickremesinghe brought back Tilak Marapana to the cabinet. One-time Attorney General Marapana, PC, took over the Foreign Ministry. Marapana, too, faithfully continued with the Geneva project. The Geneva betrayal was part of the UNP’s agreement with the Tamil National Alliance (TNA) and the US. Sumanthiran revealed the existence of a treacherous agreement, in June 2016, when he addressed a gathering in the US. Sumanthiran declared that he negotiated with the US and Sirisena’s government, on the Geneva resolution, and the inclusion of foreign judges in war crimes courts.

Lord Naseby, in Oct 2017, gave Sri Lanka a golden opportunity to counter war crimes allegations. Based on secret dispatches from the UK High Commission, in Colombo, in 2009 (January to May), Lord Naseby successfully countered the primary allegation, regarding the massacre of 40,000 Tamil civilians on the Vanni east front. The UNP turned a blind eye to Lord Naseby’s revelations. Yahapalana partner, the SLFP, too, followed the same policy. When the writer inquired about how the government intended to use Lord Naseby’s revelations for Sri Lanka’s defence, at the post-cabinet media briefing, co-cabinet spokesman Dayasiri Jayasekera reacted angrily, though he quickly calmed down. An irate Jayasekera accused the writer of raising unnecessary issues with a view to causing problems. Jayasekera revealed that up to the time the question was posed to him, the cabinet hadn’t at least discussed the matter. Field Marshal Sarath Fonseka, as well as the SLFP spokesman Mahinda Sanarasinghe, at separate media briefings, in response to questions posed by the writer, admitted that the cabinet didn’t discuss the Geneva matter.

The Foreign Ministry’s thinking reflected the despicable UNP policy towards the armed forces. The initial Foreign Ministry response, to Lord Naseby’s Oct 2017 bid to save Sri Lanka, revealed its role in a high profile anti-Sri Lanka project. The Foreign Ministry issued a statement in response to a query posed by the writer to the then spokesperson. However, the Foreign Ministry cannot be faulted for following the instructions given by the Prime Minister, and the Foreign Minister, at that time.

The SLFP cannot absolve itself of the responsibility for the Geneva betrayal. Today, those SLFPers, who had fully cooperated with the UNP (2015 August –Oct 2018), are in parliament, on the SLPP ticket. They survived by contesting the Aug 5 parliamentary election on the SLPP ticket. If not, the SLFP, too, would have ended up with perhaps one National List MP, like its partner in ‘crime’ the UNP.

In the wake of the Geneva betrayal, several countries imposed travel restrictions on senior military commanders. Field Marshal Fonseka, Maj. Gen. Chagie Gallage and Army Chief Shavendra Silva are among those who were slapped with travel bans.

Now, it would be the responsibility of President Gotabaya Rajapaksa’s government to set the record straight. The UNP and the Illankai Thamil Arasu Kadchi-led TNA, responsible for the Geneva betrayal, suffered serious setbacks at the general election. Having campaigned for 20 seats, the one-time LTTE mouth piece was reduced to 10 seats, including one National List slot. In the last parliament, the TNA had 16 lawmakers, including two National List slots. Obviously, the Tamil electorate snubbed the TNA by causing the ITAK leader Mavai Senathirajah’s defeat. The TNA, too, plunged into crisis with a section of the former LTTE proxy demanding that Senathirajah be appointed to parliament through the National List whereas the TNA, at the behest of Sampanthan, named Chairman of Ampara Navindaveli Pradeshiya Sabha Thawarasa Kalaiarasan as their National List member.

Prez-PM failure in 2019

The Treasury bond scams (February 2015 and March 2016) and the Geneva treachery (Oct 2015) was followed by the indefensible failure to thwart the April 2019 Easter Sunday carnage. In this case, too, both the UNP and Sirisena failed the country very badly. The revelations, made before the Parliamentary Select Committee (PSC), in 2019, and the on-going Presidential Commission of Inquiry (P CoI), proved beyond doubt the culpability of both Sirisena and Wickremesinghe for the Easter Sunday carnage. In spite of knowing the imminent threat, posed by Thowheed Jamaat, Sirsena went on a pilgrimage to neighbouring India. Sirisena, wife, Jayanthi Pushpa Kumari, and other members of their family, offered prayers at the hill shrine of Lord Venkateswara. Sirisena took part in the ‘Suprabhatha’ ritual and offered prayers to the presiding deity of Lord Venkateswara. From there, the Sirisenas flew to Singapore. They were on holiday when Thowheed Jamaat carried out the near simultaneous attacks. Sirisena got caught lying to the PSC regarding the delay on his part in returning to Colombo in the aftermath of the attack. The PSC, in its report released to the public in Oct 2019, revealed how Sirisena shunned two earlier Sri Lankan flights to return in the early hours of the following day on a Singapore Airlines flight.

The SLPP will have to deal with media furore when the P CoI releases its report later this year. Sirisena, who held the Defence and Law and order portfolios at the time of the attack, in addition to being the Commander-in-Chief, cannot absolve himself of the responsibility for the unprecedented security failure.

H’tota deal and FTA with Singapore

Sirisena authorized the 99-year-lease on Hambantota port, in lieu of what Sri Lanka owed China, as well as the controversial Free Trade Agreement with Singapore (FTA) during his tainted presidency. On behalf of Sri Lanka, Sirisena’s nominee, Ports and Shipping Minister, Mahinda Samarasinghe, signed the agreement with China. Sri Lanka and China finalized the Hambantota port deal, in late July 2017, and the FTA with Singapore, in January 2018. Malik Samarawickrema signed the agreement on Sri Lanka’s behalf. It was finalized after six rounds of talks. Both Sirisena and Samarasinghe re-entered parliament on the SLPP ticket. Samarasinghe even took SLPP membership in the run-up to the general election. Samarawickrema, who was accommodated on the UNP National List in the previous parliament, quit parliamentary politics.

The SLFP has conveniently forgotten that it held the post of Deputy Speaker in Parliament till May 25, 2018. Thilanga Sumathipala served as the Deputy Speaker and the Chairperson of Committees of parliament. Sumathipala was replaced by Ananda Kumarasiri, who later headed the PSC that probed the Easter Sunday carnage. The Supreme Court has been moved by seven parties, including the Government Medical Officers’ Association (GMOA), against the FTA with Singapore. The SC last heard the case in the second week of July, 2020. It will be taken up again on Nov 03, 2020. A committee, appointed by the government after the last presidential election to review the FTA with Singapore, is yet to release its final report.

Having promised to review the Hambantota deal, the incumbent administration subsequently dropped the idea after China, in no uncertain terms, objected to that move. Those who represented the previous parliament and those who elected to new parliament should keep in mind there is no difference in the 99-year-lease on Hambantota port and the outright sale of such a valuable asset.

ACSA et al

Sri Lanka first entered ACSA (Access and Cross Servicing Agreement) in March 2007. Gotabaya Rajapaksa, in his capacity as the Secretary to the Ministry of Defence, signed ACSA on Sri Lanka’s behalf for a period of 10 years. Sirisena, in his capacity as the President, authorized signing a far more comprehensive ACSA, in August 2017. Sirisena’s government also discussed SOFA (Status of Forces Agreement) with the US, in addition to finalizing the MCC (Millennium Challenge Corporation) Compact.

When the writer raised the issue with Wickremesinghe at the final government media briefing, at Temple Trees, two weeks before the Nov 16, 2019 presidential election, the Premier, without hesitation, declared it would be signed. Now, President Gotabaya Rajapaksa’s government will have to decide on the controversial agreement. The government is obviously in a dilemma. Having secured a near two-thirds majority, the SLPP cannot, under any circumstances, accept the agreement in its present form against the backdrop of Prof. Lalithasiri Gunaruwan’s damning report, in Sinhala, on it. Perhaps, copies should be made available to all members of the new parliament.

Sri Lanka shouldn’t accept SOFA, under any circumstances. Instead, Sri Lanka should guarantee that it wouldn’t engage in /allow foreign activity inimical to regional or world powers. The new government cannot be unaware how the majority community reacted to the UNP’s response to ACSA, SOFA and MCC. The SLPP campaign, against US agreements, gave Gotabaya Rajapaksa a tremendous boost at the presidential poll, as well as the recently concluded general election.

Paddy at Mattala airport

Having ousted Mahinda Rajapaksa, in January 2015, and then won the 2015 August general election, the UNP brazenly stored paddy at the Mattala Rajapaksa International Airport (MRIA). Wickremesinghe repeatedly called Sri Lanka’s second international airport a white elephant. Storing paddy at MRIA was nothing but political suicide. It was meant to humiliate the war-winning President and his administration.

Storing paddy at MAIA is as bad as betraying the war-winning armed forces in Geneva. Five years later, the majority community, through overwhelming votes at the presidential and parliamentary polls, sent the UNP home. Sajith Premadasa and his group survived by contesting under a different symbol. Whoever secures UNP’s solitary National List slot, one UNP lawmaker in parliament would be a grim reminder to those who destroyed the once great party.

 



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Midweek Review

Govt. failure to fill top two courts’ vacancies leaves Judiciary in a conundrum

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Supreme Court of Sri Lanka

The ruling NPP is in a deepening dilemma over a hotly disputed move to extend the retirement age of superior courts judges. The party is also under heavy fire for delaying fresh appointments to the superior courts consisting of the Court of Appeal and Supreme Court. 

A section of the Opposition wants Speaker Dr. Jagath Wickremaratne to take up the inordinate delay in filling vacancies in the superior courts. The Bar Association of Sri Lanka, Colombo High Court lawyers, Lawyers Collective, as well as the Commonwealth Lawyers’ Union have criticised the government’s move.

By Shamindra Ferdinando

Sri Lanka Muslim Congress (SLMC) leader Rauff Hakeem, MP, recently expressed concern over the alleged way Balachandran Prabhakaran, 12-year-old son of LTTE leader Velupillai Prabhakaran was killed, in cold blood, on 19 May, 2009.

A section of the Tamil media highlighted Kandy District lawmaker Hakeem’s comments regarding the alleged way Balachandran, the youngest of the three children of Tiger Supremo, met his end. Prabhakaran himself was also killed on the same day.

What prompted MP Hakeem to raise a contentious but now largely forgotten issue! Both the Sinhala and English print and electronic media failed to report the SLMC leader’s comments. Some questioned the purpose in lawmaker Hakeem raising Balachandran’s death. Some even suggested a Tamil Diaspora hand in Hakeem’s unexpected interest in Balachandran’s death.

The Island obtained the video, released by the Parliament, of the SLMC leader’s 10-minute speech, delivered on 10 June. Reference to Balachandran’s killing had been made towards the tail end of his fiery speech that primarily dealt with President Anura Kumara Dissanayake’s continuing failure to fill existing vacancies in the Court of Appeal and the Supreme Court.

The deliberate and utterly contemptible holding up of judicial promotions, for whatever reasons, cannot be discussed without examining a disputed bid to introduce an amendment to the Constitution to increase the retirement age of the Judges of the Court of Appeal and the Supreme Court.

President Anura Kumara Dissanayake, the leader of two registered political parties, namely the Janatha Vimukthi Peramuna (JVP) and the National People’s Power (NPP), seems to be on a collision course with the Opposition. With a commanding 159 MPs in Parliament, meaning a 2/3 majority, Dissanayake can easily introduce the required amendment, regardless of protests. But, the electorate won’t like that dictatorial attitude. Those who exercised their franchise for Dissanayake and the NPP at the September 2024 and November 2024 national polls, respectively, wouldn’t expect them to adopt, what can be safely described as, a dogmatic approach.

Attorney-at-law and one-time Justice Minister Rauff Hakeem castigated the President and the ruling party, ahead of the joint Opposition action, to pressure the President to fill the vacancies. Their appeal to Speaker Dr. Jagath Wickremaratne in this regard can be also interpreted as a collective opposition to the proposed amendment to increase the retirement age of judges.

The SLMC group in Parliament consists of five MPs. Of them, three had been elected under the SLMC symbol (two elected and one on the National List) and two through the Samagi Jana Balawegaya (SJB), one of them on the latter’s National List.

Lawmaker Hakeem, who had served the Parliament for over 30 years, at the onset of his speech, questioned the sudden decision to bring in regulation to compel exporters to convert their export proceeds into USD. The SLMCer declared that such panic action was taken by the government in view of the rapid deterioration of the Rupee against the USD.

Commenting on the extension of the Emergency continuously, MP Hakeem alleged that it was done for the NPP’s own parochial purposes and the Opposition expected the government to discontinue the practice.

Then he dealt with the alleged move to extend the retirement age of top judges. Referring to Chief Government Whip Dr. Nalinda Jayatissa’s shameless declaration that the issue hadn’t been even discussed among the government. The ex-justice Minister, however, disputed Jayatissa’s claim made at the post-Cabinet media briefing, while highlighting the statements issued by the Bar Association, Colombo High Court Lawyers’ Association. In addition, the Lawyers’ Collective and the Commonwealth Lawyers’ Association strongly opposed the alleged move. In spite of the Cabinet spokesman’s denial, Justice Minister and Attorney-at-Law Harshana Nanayakkara, in his comments on the issue, indicated that the matter was under discussion. In fact, Nanayakkara mentioned a comparatively higher retirement age of top judges in other countries to support the NPP’s controversial and unnecessary move.

Obviously, the NPP is not talking in one voice.

Rauff takes a strong stand

Emphasising that he addressed the issue at hand as a member of the BASL, Hakeem pointed out that there were four vacancies, each in the Court of Appeal and the Supreme Court, for the past six months. The SLMC leader said: “The President has failed in his constitutional duty to nominate judges for promotion. From the High Court to the Court of Appeal and from the Court of Appeal to the Supreme Court. By denying the rights of the judges, undue pressure is being brought on them. What will happen? This very President, when he was in the Opposition, when the previous Presidents failed to gazette the names decided on by the Constitutional Council, he made a big protest. Several times he spoke about this very vociferously in the House. But, since becoming the President, he has not nominated any names. Very clearly, the 21 Amendment provision was made to prevent Presidents from delaying the decisions taken by the Constitutional Council. He is doing the reverse by not nominating anyone to the top two courts. This is much worse. As a consequence, even our fundamental rights are impacted. Because we as litigants or lawyers or public, our right for the expeditious disposal of cases is being impacted by the delay in appointing judges to the Superior Courts.

Moreover, you are frustrating the judges who served years in the judiciary. What happens to the minor judiciary and others? There are heavy concerns among the judiciary about extending the retirement age. That’ll block their path. That’ll deprive many suitably qualified individuals the right to get onto the bench or the superior bench. High court judges will now await their chances of being promoted. Undue pressure will be brought upon them.”

Hakeem alleged that the Constitution was being deliberately violated by the President. Having directed serious allegations at the President, Hakeem emphasised the responsibility on the part of the Speaker to take up this matter with the President on their behalf. Hakeem questioned as to why the President unduly delayed the promotions. The President’s deliberate failure has caused unnecessary frustration among the judicial ranks in the country and deprived those who served the judiciary of their due rights.”

Hakeem explained how even senior officers of the Attorney General’s Department had been affected by the President’s inaction. Those officials have been deprived of the opportunity to move onto one of the superior courts, Hakeem alleged, accusing the President of, what he called, deliberate inaction and a constitutional violation.

Then Hakeem made a very serious allegation. The ex-Justice Minister alleged that the NPP was delaying the process until a favoured person is eligible to get onto the bench, “You are picking and choosing people by that thereby undermining the judiciary.”

MP Hakeem also dealt with the vexed issue of the Prevention of Terrorism Act (PTA) that had been opposed by many political parties, civil society as well as organisations such as Amnesty International. The Sttorney-at-Law took up the issue in the wake of the controversial arrest of Maj. Gen. (retd.) Suresh Sallay, Director of the Directorate of Military Intelligence (DMI/2012-2016) and Director, State Intelligence Service/2019-2024) in terms of the PTA.

MP Hakeem chided the NPP for proposing to bring in a new anti-terrorism law, under a different title, to replace the existing PTA. Declaring that the new Act would be definitely far worse than the current law, the lawyer faulted the police and the Attorney General’s Department for abusing the PTA. The former Minister said so while alleging the continuous deterioration of the standards of the police and the Attorney General’s department, due to their dependence on the draconian PTA.

Killing of Balachandran

Referring to Tamil media reports regarding the new UK Channel 4 video that dealt with the killing of Prabhakaran’s 12-year-old son, lawmaker Hakeem discussed how the military dealt with the families of the LTTE leader and that of the JVP leader Rohana Wijeweera, killed on the night of 13 November, 1989.

Pointing out that Wijeweera who had been apprehended, along with his family, by the military, was killed, Hakeem stressed that the family members weren’t harmed. They lived under the protection of successive governments but in Prabhakaran’s case the situation was entirely differently.

Hakeem scorned the JVP/NPP government for conveniently forgetting its leaders, though an annual ceremony was held in Colombo in memory of those who perished during the insurgency. Hakeem said that even the daughter of Zahran Hashim, who led the 2019 Easter Sunday attacks, was spared. But, if Prabharatan’s daughter, Duwaraka, had been killed, as alleged, that should be investigated, Hakeem said. Hakeem ended his speech addressing the Parliament in Tamil.

Prabhakaran’s wife Mathivathani, too, had been killed during the final phase of the ground offensive. Prabhakaran’s eldest son, Charles Anthony, was killed in the Karayamullavaikkal area of the Mullaitivu district, the day before Prabhakaran, wife Mathivathani, daughter Duwaraka and younger son Balachandran were killed.

Acknowledging the SLMC leader’s right to rake up the controversy over the alleged manner the deaths of the LTTE leader and his family, while in government custody, took place. It would be pertinent to mention that Hakeem, in his capacity as the Justice Minister, from November, 2010, to December, 2014, could have pushed the Mahinda Rajapaksa government to inquire into the incident.

In fact, the writer once sought a meeting with the then Minister Hakeem to discuss accountability issues and the failure on the part of the government to address them. Although the Minister gave a patience hearing and acknowledged the urgent need to take remedial measures, the war-winning Rajapaksa government, instead of taking tangible measures, played politics. By late 2014, the SLMC switched its allegiance to the UNP-led coalition, formed with the US blessings to back the candidature of another political turncoat, Maithripala Sirisena, at the 2015 presidential election.

Hakeem received the Urban Development, Water Supply and Drainage portfolio in the succeeding Yahapalana government. The Tamil National Alliance (TNA), that had been an integral part of that alliance, served the Yahapalana interests well, though it refrained from accepting any Cabinet portfolio. The JVP, too, refrained from joining the Cabinet but their role in the Yahapalana operation is in the public domain.

The Yahapalana government betrayed the armed forces at the Geneva-based United Nations Human Rights Council (UNHRC), in October, 2015, but the extent of their treachery was highlighted two years later when that administration unceremoniously dismissed Lord Naseby’s revelations pertaining to the final phase of the war.

What made the SLMC leader Hakeem to compare three incidents – the killing of Wijeweera, and government protection for his family, in November, 1989; killing of Prabhakaran and his family on the banks of the Nanthikadal lagoon, in May, 2009; and the rescue of Zahran Hashim’s daughter, following the Sainthamaruthu blasts in April, 2019. Whatever the SLMC leader’s motive in highlighting the LTTE’s case now, the need for collective response on the part of the Parliament to address the concerns of the loved ones of those who engaged in terrorism cannot be overemphasised.

The circumstances of Prabhakaran, his wife and their daughter and youngest son remained mired in controversy. Like over 11,000 LTTE cadres, both men and women, including suicide cadres who surrendered to the advancing troops on multiple fronts, Prabhakaran and his family could have given themselves up to the Army on the Vanni front. They ignored that opportunity believing in a US operation to evacuate them.

Critically important combined stand

As mentioned by the SLMC leader during his 10 June speech in Parliament, a group of Opposition MPs handed over a letter expressing their concerns over the inordinate delay in filling the vacancies in the superior courts. Pointing out that the President, in his capacity as the Chairman of the Constitutional Council, had failed to fill those vacancies, the Opposition MPs stressed the responsibility on the part of the President to act in accordance with the provisions of the Constitution. They also reminded the Speaker that it would be his responsibility to protect the independence of the judiciary, which is an important part of the sovereignty of the people.

Kandy District MP Anuradha Jayaratne, represented the new Democratic Front (NDF) in the SJB-led effort, while NDF MP Ravi Karunanayake, too, joined, though he is in logger heads with the UNP over taking the National List slot won by the NDF at the last parliamentary election. Former President and UNP leader Ranil Wickremesinghe threw his weight behind the NDF, at the November, 2024, General Electio, but could not achieve the anticipated results. The NDF managed to secure just five seats, two of them National List slots.

All Ceylon Tamil Congress leader Gajendrakumar Ponnambalam, representing the Jaffna electoral district, signed the petition, along with the Sarvajana Balaya leader Dilith Jayaweera. Unfortunately, the SLPP hadn’t been part of that grouping. Responding to The Island queries, SLPP sources assured that though they didn’t sign the petition handed over to Speaker Wickremaratne, they wholeheartedly supported the initiative.

Whatever efforts by political parties/governments in power to interfere with the judiciary should be opposed at every level. The Rajapaksas went to the extent of impeaching Chief Justice Dr. Shirani Bandaranayake and removing her under the most despicable circumstances. Belligerent Rajapaksas reacted, as expected, following the Supreme Court rulings, including one against the then SLFP/UPFA strongman Basil Rajapaksa.

The ruling UPFA directed a series of unsubstantiated allegations against her, including financial impropriety and interfering in legal cases. SJB MP Dayasiri Jayasekera recently made reference to the impeachment of Dr. Bandaranayake when he censured the NPP move to extend the retirement age of judges of the superior courts. MP Jayasekera questioned whether the NPP wanted to retain Chief Justice Preethi Padman Surasena beyond the stipulated retirement age.

Although there had been a spate of interventions, the 2013 impeachment of CJ 43 was undoubtedly the worst case ever and the appointment of former Attorney General Mohan Peiris as her successor made matters worse.

The UPFA hit back hard at Dr. Bandaranayake following unprecedented controversy over The Town and Country Planning (Amendment) Bill and Divi Neguma, gazetted in 2011 and 2012, respectively. The UPFA abandoned the first Bill and then amended the second to avoid a referendum and the required 2/3 approval. By then, the cocky UPFA had decided to impeach Dr. Bandaranayake who stood up to outright political intimidation.

Ranil Wickremesinghe, during his tenure as the President (July, 2022, to September, 2024) reacted angrily to the Supreme Court ruling that he, in his capacity as the Finance Minister and the Election Commission, violated voters’ rights by arbitrarily delaying the Local Government polls in 2023. Wickremesinghe had been also angered by his failure to secure Supreme Court endorsement for his bid to appoint Dehabandu Tennakoon as the IGP in the run-up to the 2024 Presidential Election.

There had been so many other instances when the political party/coalition, in power, felt that the judiciary undermined its agenda. There cannot be better examples of the daunting challenge faced by the UPFA due to the Supreme Court stand during Dr. Bandaranayake’s tenure as the Chief Justice.

But post-Aragalaya period, no one expected President Dissanayake to pursue an agenda that compelled the BASL to issue hard hitting statements. Since May Day 2026, there had been two such statements from the BASL that should have triggered alarm bells. The NPP is obviously on the wrong path, believing that it can proceed with a 2/3 super majority unhindered in Parliament.

The first BASL statement dealt with President Dissanayake’s controversial May Day prediction of a court ruling in a high profile case. The second one responded to a move to extend superior court judges’ retirement age.

The government should rethink its strategy. With the national economy experiencing severe difficulties and the government under pressure to abolish fuel and electricity subsidies at the behest of the IMF, the NPP should concentrate on saving the economy instead of creating fresh issues that it cannot just brush aside just because of its steamroller majority in Parliament.

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Midweek Review

The Legacy Lost

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Gladdening was the sight at morn,

For the folk of the invisible village,

Of mirthful children trekking to school,

And refuge did they take in the thought,

That at least their young would be spared,

The crushing ordeals of tenant farming,

Since they would come by some erudition,

But our elders are now up against the truth,

That all is not well at the humble school,

Since even the morsel of education,

Painstakingly dished out there,

Comes with scary price tags attached;

Making dropping out the best thing to do.

 

By Lynn Ockersz

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Midweek Review

July 09: An inexcusable overall security failure and exceptional contingency plan

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A massive throng of people inside the President's House after mobs forced Gotabaya Rajapaksa to flee on 09 July, 2022

Ulugetenne

The Sri Lanka Navy, on 04 June, commissioned SLNS Samudravijaya, formerly United States Coast Guard Cutter Decisive. It is the fourth mothballed US Coast Guard cutter transferred to the SLN through the US Excess Defence Articles Programme. President Anura Kumara Dissanayake attended the ceremony at the Colombo Port. The US Embassy in Colombo, in a statement issued on the same day, quoted Defence Attaché Lieutenant Colonel Matthew House as having said: “Few partners have demonstrated the commitment to maintaining and operating these vessels as successfully as the Sri Lanka Navy. The outstanding condition and operational performance of SLNS Samudura, SLNS Gajabahu, and SLNS Vijayabahu are a testament to the professionalism and technical expertise of Sri Lankan sailors. Their stewardship of these vessels helped build the confidence that made this fourth transfer possible.” The first of the four vessels SLNS Samudura was commissioned on 19 February, 2005, during Chandrika Bandaranaike Kumaratunga’s tenure as the President. Milinda Moragoda, Economic Reforms and Science and Technology Minister of the previous UNP-led UNF government, played a significant role in acquiring that vessel. SLNS Samudura boosted SLN and participated in numerous operations, including the high profile hunt for LTTE floating warehouses, during the Eelam War IV. But, the US refrained from transferring any more big ships during the war though on the then Navy Commander Vice Admiral Wsantha Karannagoda’s request to provide intelligence and Washington obliging, made the successful hunt for LTTE floating arsenals in the last stages of the war possible. The transfer of the second vessel took place 19 years after the end of the war. Ex USCG Sherman was commissioned 06 June, 2019, as SLNS Gajabahu (P626). The third vessel was transferred to the Sri Lanka Navy on October 26, 2021, as the country was heading towards an unprecedented economic crisis. That vessel was commissioned as SLNS Vijayabahu at the Colombo Port with the participation of President Ranil Wickramasinghe and US Ambassador to Sri Lanka Julie Chung on November 20, 2022. Ironically SLNS Gajabahu, one of the ex-US vessels prominently figured in the contingency plan to save President Gotabaya Rajapaksa, but whose downfall was engineered by the US.

By Shamindra Ferdinando

The moment President Gotabaya Rajapaksa decided to take up residence at the President’s House (Janadhipathi Mandiraya), Fort, in the first week of April, 2022, the Navy had no option but to prepare a thorough contingency plan, in case the regime change project posed a realistic threat to the life of the President.

The President, in consultation with senior military officers, made his move within 48 hours after violence erupted outside his private residence at Pangiriwatte, Mirihana, on the night of 31 March, 2022. That decision seemed realistic and sensible at that time.

But, in the wake of the disastrous overall armed forces response to the coordinated violence unleashed by the regime change project on 09 May, 2022, in the aftermath of the Temple Trees ordered attack on Galle Face protesters, the top brass must have recognised the urgent need for total overhauling of security strategy. But, unfortunately, that hadn’t been the case. With violent crowds overwhelming the armed forces, deployed to block them, rapidly approaching the President’s House, those who had been at the makeshift Operations Room there were stunned.

In hindsight, the President’s decision to remain at the President’s House, regardless of the near failure on the part of the armed forces to repulse the raid on Temple Trees, on 09 May, seemed unwise. The rescue operation could have gone wrong and the war-winning President Mahinda Rajapaksa could have ended up in the hands of an angry mob.

Perhaps, the conspirators envisaged the President’s move, from Pangiriwatte to the President’s House, situated walking distance away from the Galle Face protest site, where they could draw additional strength.

The failure on the part of the government to take tangible measures, in the wake of the President’s House becoming the sole target on that fateful day, is a contentious issue that needs to be properly investigated. Don’t forget that the court case filed over the 09 May attacks on the residences and properties belonging to SLPP politicians, and some supporters ,was later withdrawn. The Wickremesinghe-Rajapaksa government never investigated the 09 May incidents.

Exactly two months after the mobs almost succeeded in breaking through defences at Temple Trees, on the night of 09 May/10, where Prime Minister Mahinda Rajapaksa was residing, they mounted the assault on the President’s House.

In the wake of the 09 May mayhem, President Gotabaya Rajapaksa named Lt. Gen. Vikum Liyanage as the Commander of the Army. He succeeded General Shavendra Silva who served as the CDS but was out of the country when all-out mayhem was unleashed by the Aragalaya mobs on 09 July, 2022, to oust the sitting government.

In spite of a direct and growing threat to the President’s House, on 09 July, 2022, the President felt confident in meeting the challenge. The President issued a directive to the Secretary, Ministry of Defence, General (retd.) Kamal Gunaratne, to shift the Operations Room from the Defence Force Headquarters, at Akuregoda, to the President’s House. Having shifted the Operations Room on 08 July, 2022, to the President’s House, as directed by the President, the top brass prepared to face the challenge.

Maj. General K.B. Egodawela, who served as an Additional Secretary (Administration) to the President, from the day the President moved to the President’s House, till he vacated on 09 July, 2022, in his memoirs ‘Aragalaya: Adarayen Prachandathwayata’ (From Love to Violence) revealed that though the top brass opposed the shifting of the Operations Room they carried out the directive. While the President felt that the top brass could collectively work at the President’s House to bring the situation under control, Gen Gunaratne proposed that the President should move to Akuregoda Defence Forces Headquarters, according to Egodawela. In fact, Gunaratne, who had been with Gotabaya Rajapaksa from the very beginning of the sinister campaign, strongly opposed the President’s decision to remain there.

Obviously, the President’s House pathetically failed to ascertain the scale of the protest and the rapidity with which protesters overwhelmed troops deployed outside the President’s House stunned the top brass. Had they swiftly reached consensus on Gen. Gunaratne’s suggestion, perhaps the 09 July regime change operation could have been thwarted. The armed forces could have resorted to tougher measures to prevent a march on Akuregoda Defence Forces Headquarters had the President agreed to move there.

Within two hours after the protest, targeting the President’s House began, video footage provided by drones indicated that troops couldn’t hold the rampaging mobs any longer. According to Egodawela, the top brass had been prepared to remove the President, even without his consent, by landing a helicopter in the Colombo harbor or by ship. Finally, they resorted to the second option. As the President and First Lady Ayoma got into a vehicle and took the rear exit into the adjoining former Navy Headquarters, mobs entered the President’s House. Another vehicle carrying several other persons followed.

The then Navy Commander Vice Admiral Nishantha Ulugetenne who had been with the President at the President’s House got into the vehicle carrying the President. Had they stayed at the President’s House for 10 more minutes, the consequences could have been devastating. https://island.lk/gotabayas-escape-from-aragalaya-mob-in-rti-spotlight/

Egodawela, who had been with the President from the very beginning of the presidential term, alleged that the raiders planned to kill the President and several others and display their bodies. The author quoted an unidentified intelligence officer as having told him that the raiders wanted to display the bodies the way LTTE leader Velupillai Prabhakaran’s body was shown.

Perhaps shifting the Operations Room from Akuregoda Defence Force Headquarters to the President’s House had been a risky move that, in a way, facilitated the regime change operation. The rationale in bringing those who had been tasked with countering the impending threat to one place (President’s House) to be with the target (Gotabaya Rajapaksa) seems unbelievably a dicey move. The President had been influenced by what he described as inordinate and unforgivable delay on the part of the Akuregoda Operations Room to carry out timely evacuation of Prime Minister Mahinda Rajapaksa on the night of 09 May from Temple Trees. Most probably, the President wanted to oversee the 09 July counter operation personally. But, in hindsight, the decision to shift the Operations Room from Akuregoda to the President’s House obviously hadn’t been a clever move.

SLN preparations

When mobs threatened to overwhelm the President’s security at Pangiriwattta, on 31 March, additional police and STF contingents were brought in. They were followed by the Navy and Air Force. The Army arrived at the scene, subsequently.

As pointed out by the President himself, the situation at Temple Trees, on 09 May, had been far worse and the combined police and armed forces response revealed that they hadn’t taken precautionary/counter measures, even after the Pangiriwatta fiasco.

At the time of the incidents, the overall Temple Trees security deployment included about 60 elite Special Boat Squadron (SBS) personnel deployed within the premises and were supplemented by seven SLN platoons. The Army also moved in to strengthen Temple Trees defences but the mobs pressed on till troops fired blank ammunition.

The top brass, directing counter measures from Akuregoda Defence Force Headquarters, had to act swiftly and decisively to evacuate those at the Temple Trees or face the consequences. As there hadn’t been any other alternative place of living proposed, Prime Minister Mahinda Rajapaksa, wife Shiranthi and their eldest son Namal were escorted to nearby former Air Force Headquarters and from there flown to the Trincomalee Navy base. VA Ulugetenne, over the phone, issued instructions to the relevant officer in Trincomalee to make arrangements as two helicopters carrying the group took off from the helipad on the top of the former Air Force Headquarters. The helicopters departed around 04 in the morning.

They had stayed at Trincomalee Navy House for about a week and, as requested by the Navy, paid for their stay because by then Mahinda Rajapaksa had resigned. Perhaps, they could have taken refuge at the Panagoda Army cantonment or at Saliyapura, home to the Gajaba Regiment, but, at the end, sought the protection at the Trincomalee Navy base.

Ironically, President Gotabaya Rajapaksa, too, had to take refuge at the Trincomalee Navy base, exactly two months later. Ever since the President moved into the President’s House, Fort, the Navy had been on their toes to meet any eventuality. The daunting task of arranging evacuation by sea fell on the shoulders of VA Ulugetenne, who, meticulously, planned the operation with his staff.

Having informed the President of the contingency plans, VA Ulugetenne stationed two Advanced Offshore Patrol Vessels (AOPVs), namely SLNS Sindurala and SLNS Gajabahu and four Fast Attack Craft (FACs), at the Colombo Port. It would be pertinent to mention that SLNS Sindurala, built at the Goa shipyard, in terms of an agreement signed at the tail end of the Mahinda Rajapaksa government, was adjudged the best vessel in the SLN fleet in 2022.

Additional SBS personnel and snipers, too, had been brought in to Colombo though none of them knew exactly what their task would be. The OPV and FAC crews most probably felt that they were awaiting orders for a major anti-drug operation in the high seas.

As the decision was made to evacuate the President and the First Lady, the Chief alerted the vessels and quickly deployed tugboats to pull SLNS Sindurala and, shortly thereafter, SLNS Gajabahu, formerly of the US Coast Guard, carrying the President and the First Lady. By the time the two AOPVs moved in different directions, on the instructions of VA Ulugetenne, the hand phones of SLNS Gajabahu crew were collected to prevent them from revealing what was happening. Along with the AOPVs, two pairs of FACs had moved out to sea. (https://island.lk/ranil-reveals-bid-to-get-rid-of-him-while-gr-was-fleeing-to-trinco-on-board-slns-gajabahu/)

Nearly 12-hour journey to Trinco

The SLNS Gajabahu, formerly of the US Coast Guard, had a crew consisting of over 100 officers and men. Someone, most probably a port employee, posted a short clip of some unidentified persons taking large travelling bags into the ship but the President, First Lady and VA Ulugetenne going in were never captured on a camera.

As the vessel began its journey towards Trincomalee, it remained approximately 12 nautical miles from land and the President received many calls, some of which weren’t answered. VA Ulugetenne, too, received quite a number of calls. Those familiar with the developments at that time said that some felt that SLNS Gajabahu should move out of Sri Lankan waters. There had been suggestions that the destination should be the Maldives, India or Singapore. Regardless of such suggestions, SLNS Gajabahu proceeded towards Trincomalee where the Navy made necessary arrangements to host them.

Captain Marlon Perera, who still serves the Navy, had been the Commanding Officer of the vessel. Perera now holds the Commodore rank.

During the journey precautions were taken to ensure the safety and security of the President and the First Lady. Although the crew hadn’t been aware that they would be entrusted with such a sensitive task at a time the country was in crossroads against the backdrop of an economic collapse and sovereign default, there were fears of the crew being affected by propaganda in support of regime change operation.

The attempt made by sailor Wijemuni Vijitha Rohana de Silva to cause harm to Indian Prime Minister Rajiv Gandhi, way back in July, 1987, underscored the necessity to take precautions during the Colombo-Trincomalee journey as the possibility of anti-Gotabaya campaign having an impact on at least some members of the ship crew couldn’t be ruled out.

On July 30, 1987, during a guard of honor in Colombo, the 21-year-old naval rating struck Gandhi on the shoulder and back with the butt of his rifle. Gandhi narrowly avoided the full impact of the blow by evasive ducking.

On the invitation of VA Ulugetenne, Gotabaya Rajapaksa attended all the formalities in respect of a visit undertaken by the President to the Trincomalee Navy base. The President participated in those formalities knowing that he couldn’t attend the commissioning parade that was scheduled to be held on 15 July, 2022. The Navy was not in a position to put off the commissioning parade hence the decision to invite Defence Secretary Gunaratne as the Chief Guest.

Ulugetenne retired from active naval service on 18 December, 2022, following a distinguished career, spanning over 37 years. He received the appointment as the 24th Commander of the Navy in July, 2020, just a couple of months after Gotabaya Rajapaksa’s election as the President.

Wickremesinghe, in his capacity as Gotabaya Rajapaksa’s successor, appointed Ulugetenne as Sri Lanka’s Ambassador to Cuba. The appointment was made in late 2023 and the retired Navy Chief presented his credentials to Cuban President Miguel Díaz-Canel on 13 February, 2024 (https://island.lk/from-fonseka-convictions-to-arrest-of-ulugetenne/)

However, within weeks after the last presidential election held in late November, 2024, the NPP government recalled over a dozen top envoys appointed by the previous administration. Admiral Ulugetenne was among them. The government deprived a decorated officer, who had served the country for nearly four decades, from completing his term in Havana. Within months after his return, he became the target of a murder investigation.

Then out of the blue the retired Navy Chief became the focus of a murder investigation, that, too, post-war. The Criminal Investigation Department (CID) arrested him on 28 July, 2025, over the disappearance of a person reported in July, 2020.

Kurunegala High Court Judge Tikiri Jayatilleke, on 14 October, 2025, granted him bail. Jayatilleke declared that the CID acted in an illegal manner in respect of the former Navy Commander. His counsel Kalinga Indatissa, PC, alleged in court that his client had been apprehended only on the basis of an ex-LTTE cadre’s allegation in the absence of any evidence

The next hearing is scheduled for 08 July, 2026. Ulugetenne was held at the Kegalle Prison for four days and then transferred to the Dumbara (Pallekale) Prison. Altogether, he was in prison for 80 days, like a common criminal, despite him being a former Navy Commander with an unblemished career record.

Wartime Chief of Naval Intelligence, Rear Admiral (retd) Sarath Mohotti, who had been also arrested in connection with the same investigation, was also granted bail, a few weeks later.

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