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Justice Kumudini complains of male domination at senior levels, absence of a woman head of BASL

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Supreme Court Justice Kumudini Wickramasinghe

Judge of the Supreme Court Justice Kumudini Wickramasinghe has recently presented a stark analysis of the legal profession’s gender disparity, noting that in spite of women entering the legal field in substantial numbers, their representation dwindles at senior levels. She has highlighted critical statistics and the fact that only two women currently serve in the Supreme Court, none in the Court of Appeal, and that there has never been a woman President of the Bar Association of Sri Lanka (BASL).

“Inclusive leadership is not satisfied by entry-level participation,” Justice Wickramasinghe said. “It concerns who occupies the apex of institutional authority, who shapes doctrine, who speaks for the profession. These figures are not merely statistics; they are indicators of work yet unfinished.”

Justice Wickramasinghe said so at a seminar organised on the eve of International Women’s Day by the Bar Association of Sri Lanka (BASL), in collaboration with the Sri Lanka Women Lawyers’ Association (SLWLA). She underscored the need to address the systemic barriers preventing women from reaching the apex of the legal profession. Justice Wickramasinghe addressed the gathering as the Chief Guest.

BASL President Rajeev Amarasuriya, in his address, framed inclusivity not as charity or tokenism, but as “structural fairness.” He raised an important question being ‘who bears the responsibility of inclusivity’ and addressed the vital role of leadership in inclusivity. Furthermore, Amarasuriya challenged the profession to address the “gap between what we see coming into the profession and what we see at the top,” and clarified that such disparity did not stem from a lack of competence or commitment but from deep rooted practices and structural issues.

A dynamic panel discussion, moderated by Attorney-at-Law Tanushka Gunawardane, explored the multifaceted nature of inclusive leadership. The panel featured Justice Wickramasinghe, Constitutional Council Member Professor Wasantha Seneviratne (joining online), Senior Instructing Attorney Shiranthi Gunawardhana, and corporate leader Yanina Weerasinghe.

Professor Wasantha Seneviratne distinguished between mere representation and true participation, stating that inclusion becomes meaningful only when women have the “agency and authority to make decisions.” She emphasised that inclusive leadership is both a moral obligation and a pragmatic governance strategy.

Senior Instructing Attorney Shiranthi Gunawardhana shared personal anecdotes from her 50-year career, urging senior lawyers to act as mentors rather than gatekeepers. She stressed the importance of creating space for young female lawyers by offering flexibility and support to help them balance professional and personal responsibilities.

Yanina Weerasinghe, Head of Legal at Brandix, argued that true inclusion is measured by influence, not optics. “Diversity is being present; inclusivity is being influential,” she explained, warning against tokenism and calling for “cerebral opportunities” where women are selected, based on talent, and given a genuine voice in decision-making.

Justice Wickramasinghe addressed the relationship between judicial hierarchy and inclusion, asserting that authority and accessibility can coexist. “A judge can be firm in decisions while remaining approachable,” she said, adding that power exercised with transparency and humility strengthens, rather than weakens, institutional legitimacy.

The seminar also heard from Dilani Yatawaka, Managing Director/CEO of Ideal Motors, who shared her perspective as a female leader in the male-dominated automotive sector. She reinforced the critical role of supportive superiors and societal encouragement to enable women to ascend the career ladder while managing family responsibilities.

BASL Women Lawyers’ Professional and Career Development Committee Chair Indika Nagaratne Koththagoda in her welcome address said that the distinguished gathering was honoured to have Her Ladyship Justice Kumudini Wickramasinghe, Judge of the Supreme Court of Sri Lanka, as the Chief Guest and a key panellist and also welcomed the other panellists Attorneys-at-Law Professor Wasantha Seneviratne, Ms. Shiranthi Gunawardena and Yanina Weerasinghe for agreeing to share their insights on the subject during the ensuing panel discussion to be moderated by Attorney-at-Law Ms. Tanushka Gunawardane.

In her closing remarks, Nalani Manatunga, Co-Chairperson of the BASL Women Lawyers’ Professional and Career Development Committee, challenged the audience to reflect on the true meaning of leadership. “A position gives authority, but leadership gives direction,” she said. “Inclusive leadership is not about occupying space; it’s about creating space. Let our leadership not be measured by the chairs we occupy, but by the doors we leave open.”



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Gnanasara Thero absconding after SC ruling

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Ven. Galagoda Aththe Gnanasara Thero was not at his temple in Rajagiriya when prison officials visited the premises yesterday to take steps following the Supreme Court ruling that nullified the presidential pardon granted to him, police sources said.

Prison officials who visited the temple on Nawala Road, Rajagiriya, were reportedly informed by those present that the Thero’s whereabouts were unknown. The development comes a day after the Supreme Court declared former President Maithripala Sirisena’s 2019 pardon of Gnanasara Thero null and void.

The three-member Supreme Court bench comprising Justices Janak De Silva, Dr. Sobhitha Rajakaruna and Sampath B. Abayakoon held that the pardon was arbitrary, violated the public trust and principles of natural justice, and was made beyond the proper exercise of the President’s constitutional discretion.

The case arose from Gnanasara Thero’s conduct at the Homagama Magistrate’s Court in January 2016 during proceedings relating to the disappearance of journalist and political cartoonist Prageeth Eknaligoda.

The Court of Appeal convicted him on four counts of contempt of court in 2018 and imposed concurrent prison terms amounting to six years. He had served about nine months when Sirisena granted him a presidential pardon on May 23, 2019.

The Supreme Court found that although Article 34 empowers the President to grant pardons, that power is held in trust for the people and is subject to constitutional limitations and judicial review. The Court concluded that Sirisena had effectively acted on the recommendation of the Additional Secretary (Legal) without demonstrating that he had independently considered the relevant material.

Justice De Silva held that the pardon was “arbitrary”, violated public trust and the rules of natural justice, and was ultra vires the President’s powers. The Court consequently found that the decision violated the fundamental right to equality guaranteed by Article 12(1) of the Constitution.

The ruling effectively restores the legal position under the original conviction, leaving Gnanasara Thero without the benefit of the 2019 pardon. The Supreme Court also clarified that a pardon does not erase a conviction or sentence, but merely relieves an offender from serving the sentence to the extent specified in the pardon.

Gnanasara Thero, the General Secretary of the Bodu Bala Sena, had been convicted over his conduct during proceedings concerning the disappearance of Eknaligoda, who went missing in January 2010 and has not been located.

Sandhya Eknaligoda, Prageeth Eknaligoda’s wife, was among those who challenged the presidential pardon before the Supreme Court, alongside the Centre for Policy Alternatives and its Executive Director Dr. Paikiasothy Saravanamuttu.

The detailed account of the judgment indicates that the Court’s ruling primarily nullified the pardon and restored the legal effect of the original sentence, with the implementation of the sentence falling to the relevant authorities.

Police sources said that the Supreme Court, however, did not permanently close the door on executive clemency. It held that a future President could grant Gnanasara Thero another pardon, provided the power is exercised lawfully and after proper consideration of all relevant material.

The Supreme Court has so far overturned three presidential pardons granted to two former Presidents. In January 2024, the Court declared former President Gotabaya Rajapaksa’s pardon of former MP Duminda Silva unlawful and invalid. In June 2024, it invalidated two pardons granted by former President Maithripala Sirisena to Royal Park murder convict Jude Shramantha Anthony Jayamaha — the first in May 2016, which commuted his death sentence to life imprisonment, and the second in October 2019, which released him from prison. Jayamaha, who was convicted of the murder of 19-year-old Yvonne Johnson, remains at large. Most recently, on September 10, 2026, the Supreme Court declared Sirisena’s 2019 pardon of Ven. Galagoda Aththe Gnanasara Thero null and void, ruling that it was arbitrary and inconsistent with the Constitution.

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House to debate 22A, Judicature Bill next week

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Parliament is scheduled to debate the Twenty-Second Amendment to the Constitution Bill and the Judicature (Amendment) Bill on September 24 and 25, subject to the Speaker’s announcement following the delivery of the Supreme Court determination on petitions filed against the Bills.

The programme for the Parliamentary Week from September 22 to 25 was decided at a meeting of the Committee on Parliamentary Business held on Thursday (10) under the chairmanship of Speaker Dr. Jagath Wickramaratne.

On each sitting day, Parliamentary Business under Standing Orders 22(1) to 22(6) will be taken up from 9.30 am to 10 am, followed by Questions for Oral Answers from 10 am to 11 am Questions under Standing Order 27(2) will be taken up from 11 am to 11.30 am.

On Tuesday (22), the Orders published in Extraordinary Gazette No. 2497/37 under the Petroleum Resources Act and the Promotion of Export Agriculture (Amendment) Bill will be debated from 11.30 am to 5 pm.

The Tredso Development Foundation (Incorporation) Bill, a Private Member’s Bill, will then be taken up for Second Reading before being referred to the Legislative Standing Committee.

An Opposition motion at the Adjournment Time will follow.

On Wednesday (23), the Chartered Institute of Media Professionals of Sri Lanka Bill will be debated from 11.30 am to 5 pm, followed by Questions at the Adjournment Time.

The Second Reading debate on the 22nd Amendment Bill and the Judicature (Amendment) Bill is scheduled for 11.30 am to 7 pm on Thursday (24) and Friday (25).

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Wrong house targeted in underworld grenade attack: Two children killed

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Two children aged 11 and 17 were mistakenly killed and their 55-year-old father injured in an early morning hand grenade attack on Sirisangabo Mawatha on Friday. Police investigations later revealed that the attackers targeted the wrong house during an ongoing underworld clash.

Three police teams have been deployed to investigate the attack, which occurred at around 3 am.

According to police, a man who arrived near the house in a three-wheeler knocked on the front door before throwing a grenade into the premises and fleeing.

The victims were identified as 17-year-old Kasun Rashmika and 11-year-old Duminda Gihan. Their 56-year-old father, Nalin Thusantha Perera, was seriously injured and admitted to the Kalubowila Teaching Hospital.

Police said the injured man’s brother was allegedly a close associate of a drug trafficker known as ‘Sando’ and had also been accused of involvement in drug trafficking.

The brother lives in a house adjoining the one targeted in the attack, and police suspect the grenade may have been thrown at the wrong house.

Police are also investigating information that the attack was allegedly carried out at the direction of several overseas-based drug traffickers, identified as Pandithage Shantha Kumara alias ‘Kos Malli’, Samantha Perera alias ‘Chuwa Samantha’, ‘Kudu Avishka’ and ‘I.D.’

Police said the attack was believed to be linked to an ongoing conflict between two underworld factions, which have targeted each other’s associates in shootings and grenade attacks. More than 20 people have reportedly been killed in such attacks.

Security agencies are also investigating alleged links between one faction and overseas-based criminals including Kanjipani Imran, Unakuruwe Shantha, Dubai Gagana and Handaya.

Security agencies have also received information that overseas-based criminals identified as Kanjipani Imran, Unakuruwe Shantha, Dubai Gagana and Handaya are allegedly behind the supply of firearms and drugs to the faction associated with Kos Malli and Chuwa Samantha.

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