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Lawyer draws judge Marasinghe’s attention to deaths in custody

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HRC issues instructions to police on PTA cases

By Shamindra Ferdinando

The Human Rights Commission (HRC) has issued specific instructions to police headquarters as regards those already in custody under the Prevention of Terrorism Act (PTA) and new arrests.

The heads of the Criminal Investigations Department (CID), Terrorist Investigation Division (TID) and the Police Legal Division have been advised to brief the HRC immediately on the change of status of PTA suspects, as well as new arrests.

Authoritative sources said that instructions had been issued at a meeting summoned by the newly appointed HRC Chairperson Justice (Retired) Rohini Marasinghe last Wednesday (29) at the HRC.

HRC Commissioner Dr. Vijitha Nanayakkara participated online whereas the other members, Chairperson Marasinghe, Ven. Kalupahana Piyarathana Thero, Dr. M.H. Nimal Karunasiri and Ms. Anusuya Shanmuganathan attended the meeting. Sources said that the HRC had stressed the pivotal importance of keeping the outfit fully informed of developments relating to PTA cases.

President Gotabaya Rajapaksa has recently appointed Ven. Kalupahana Piyarathana Thero, Sri Lankan Collective for Consensus (SLCC), to the HRC. Sources said that the SLCC had held discussions with the government over the post-war reconciliation process and the PTA remained high on the group’s agenda. Ven. Priyarathana replaced another civil society activist Harsha Kumara Navaratne, who recently received appointment as High Commissioner in Canada.

The HRC has also asked the head of the Colombo Crime Division (CCD) to be present at discussions pertaining to PTA cases. Sources said that though the CCD had made representations to the HRC last week, the Commissioners were keen to meet the head of the outfit himself.

A spokesperson for the HRC told The Island that over 12 years after the conclusion of the war, the PTA had remained one of the most contentious issues with the UN, the European Union as well as several powerful countries repeatedly taking it up.

Sri Lanka was under pressure to do away with the PTA or introduce amendments ‘to make it conform to international standards’, the official said. Referring to work undertaken by successive governments in this regard, the official said that the HRC intended to maintain a closer watch on law enforcement outfits.

Several hundred persons are currently detained under PTA. Most of them are believed to be persons taken into custody in connection with the ongoing investigations into Easter Sunday attacks (2019).

Prominent civil society activists who haven’t joined the SLCC initiative say the government owes an explanation on how it intends to reform the PTA. One-time HRC member, Ambika Satkunanathan, in a recent statement sent to The Island on behalf of a large grouping of civil society members and organisations strongly criticised the way the government handled the issue. The grouping alleged that the government proposals shared with the SLCC did not address even ten basic shortcomings of the PTA. Calling for greater transparency in the process, the group has warned that national security couldn’t be achieved by causing insecurity among sections of the population. The group has reiterated its call for repealing the PTA.

The group has said: “The repeal of the PTA must also be considered in light of the anti-terrorism and public security legal framework that Sri Lanka has in place, and the historical abuse of power by state entities. These entities should not be bestowed with additional power.”

Appreciating the HRC focus on PTA cases, lawyer Senaka Perera said that urgent review of security of those in police and judicial custody was necessary. Senaka Perera emphasized that the new HRC head should inquire into deaths in police custody since the change of government in Nov 2019. Responding to another query, the lawyer said that deaths in custody ceased during the 2015-2019 period but resumed after the last presidential election.

The rights activist said that he intended to seek a meeting with the HRC soon to discuss the issues at hand. “Death of handcuffed persons cannot be accepted under any circumstances,” lawyer said, faulting the police headquarters as well as the Public Security Ministry over continuing killings in custody. Referring to the statements issued by the HRC during tenure of Dr. Jagath Balasuriya as the Chairperson of the outfit as regards deaths in custody, attorney-at-law Perera said that the HRC failed to take tangible measures. Those bent on subverting the law wouldn’t give up their strategy simply because the HRC issued a statement or called for explanation from police headquarters. The lawyer said that he hoped the new HRC head would take remedial measures.



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Sun directly overhead Neriyakulam, Punewa, Kebithigollewa, Pankulam and Sinhapura at about 12.10 noon today (31)

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The sun is going to be directly over the latitudes of Sri Lanka from  28th of August to 07th of September due to its apparent southward relative motion.

The nearest places of Sri Lanka over which the sun is overhead today (31) are Neriyakulam, Punewa, Kebithigollewa, Pankulam and Sinhapura about 12.10 noon.

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BASL takes exception to Justice Ganepola being denied a place in SC

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… highlights injustice caused to Justice R. Gurusinghe

The Bar Association of Sri Lanka (BASL) has alleged that due to the failure on the part of President Anura Kumara Dissanayake to fill the existing vacancies in the Supreme Court, a Senior Justice of the Court of Appeal, Justice Dhammika Ganepola, retired at the age of 63 without being considered for, or granted, a promotion to the Supreme Court, to which he was well entitled. The BASL pointed out at the time of Ganepola’s retirement there were four vacancies in the Supreme Court.

In a letter dated 17 August, 2026, addressed to President Dissanayake, the BASL declared that the failure to promote and recognise Ganepola’s distinguished judicial service, resulting in his retirement at the age of 63, is indeed a loss to the Judiciary.

A top BASL spokesman told The Island yesterday (30) that the Bar Council, over the weekend, had decided to release the hitherto confidential letter.

The official said that they also wanted to remind the President of his assurance given to BASL, on 12 August, 2026, that vacancies in the Supreme Court and Court of Appeal would be filled as soon as possible, within a month.

The following is the text of the BASL letter, signed by  Rajeev Amarasuriya, President, BASL, and its Secretary Nalin De Silva: “We write further to our letters dated 29th December 2025 and 30th June 2026 in relation to the above, to which we have not received any response.

We also refer to our meeting with Your Excellency on 12th August. As discussed during the meeting, there have been vacancies in the Supreme Court since May 2025, and the number of vacancies has now increased to four (04). There are also four (04) vacancies in the Court of Appeal. These are all matters we have already written to Your Excellency about.

Your Excellency informed the BASL Delegation when we met that you would be taking steps to make recommendations to fill these vacancies as soon as possible, within a month.

We write to reiterate the importance of giving due consideration to the criteria set out in our aforesaid letter dated 29th December 2025. We also wish to emphasise that, in making judicial appointments and promotions, seniority should be given due priority, in keeping with longstanding practice, until such time there are objective and defensible guidelines governing the assessment of merit.

The only justifiable departure to this criterion would be where there exists a specific and recognized demerit in respect of the particular Judge concerned or such other known compelling circumstances that are objectively identifiable such as where a Judge has previously been overlooked for promotion unfairly or conversely, where a Judge has been unfairly previously granted promotions above others.

This approach will safeguard both the integrity of the Judiciary and the trust reposed in it by the public.

Further, while there has been considerable discussion and representation by the Government regarding the importance of retaining experienced judges, as reminded to Your Excellency at our said meeting that, only a few months ago on 8th May 2026, a Senior Justice of the Court of Appeal, Justice Dhammika Ganepola, retired at the age of 63 without being considered for, or granted, a promotion to the Supreme Court, to which he was well entitled, and in which there were four vacancies at the time.

The failure to promote and recognise his distinguished judicial service, resulting in his retirement at the age of 63, is indeed a loss to the Judiciary.

We also drew Your Excellency’s attention at the said meeting to the fact that the Senior-most Justice of the Court of Appeal, Justice R. Gurusinghe, who joined the Judicial Service in 1996, who also Acted in the Office of President of the Court of Appeal (appointed by Your Excellency) on 11th May 2026, is due to retire at the end of this month. In fact, we learnt through the Media that Her Ladyship then Chief Justice Justice Murdu Fernando, PC, had previously in July 2025 recommended to Your Excellency the promotion of Justice R. Gurusinghe to the Supreme Court, but the same is pending from that time.

 He too is well deserving of promotion to the Supreme Court and has already been recommended by the former Chief Justice, and his case must also receive due and urgent consideration before his impending retirement.

We hope that Your Excellency will take due note of and give due regard to the concerns of the Bar, as well as to the established principles, practices and conventions governing judicial appointments, when taking steps to fill these vacancies.

On this, Your Excellency is already open to the accusation that these vacancies have been kept open, to fill with favourites of the Government which is yet another serious indictment on the independence of the judiciary which accusation would be confirmed if recommendations are made outside established practice.

Moreover, the BASL expresses grave concern that withholding promotions of Judicial Officers for extended periods of time places undue pressure on Judicial Officers in the discharge of their duties and constitutes both directly and indirectly, interference with the independence of the Judiciary, in addition to the strain obviously caused to the dispensation of justice in other Courts and the stifling and delay of career progression of Judges legitimately entitled to promotions.

We do hope that Your Excellency would take due note and cognizance of the foregoing when effecting these judicial promotions which have been long overdue and which have already adversely impacted the efficiency and effectiveness of the administration of justice.”

The BASL has copied the letter to Prime Minister Dr. Harini Amarasuriya, Speaker Dr. Jagath Wickremaratne, Opposition Leader Sajith Premadasa and all members of the Constitutional Council.

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Sajith challenges govt. to hold PC polls

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Sajith

Opposition Leader Sajith Premadasa on Saturday (29) challenged the government to hold the long-delayed Provincial Council elections, saying the polls would provide an opportunity to gauge the level of public support enjoyed by the administration.

Addressing a farmers’ meeting in Tissamaharama, Hambantota, Premadasa also criticised the latest Rs. 17 per kilogram increase in wheat flour prices, warning that it would push up the prices of bread, bakery products and other flour-based food items and place further pressure on households already struggling with the rising cost of living.

He said Sri Lanka ranked 120th among 130 countries in an international comparison of minimum wages, arguing that wages remained inadequate to meet the escalating cost of living.

Premadasa also questioned official assessments of living standards, asking whether a person could survive for an entire month on Rs. 17,315, a figure he attributed to the Department of Census and Statistics.

He claimed that between 30 and 40 percent of the population was living in poverty and called for a clear programme to help affected families improve their economic conditions.

Turning to the proposed 22nd Amendment to the Constitution, which seeks to increase the retirement age of superior court judges, the Opposition Leader accused the government of attempting to undermine judicial independence and interfere with democratic institutions.

He also criticised the government’s handling of poverty, employment, agriculture, healthcare and investment, saying more effective measures were needed to provide relief to people facing economic hardships.Premadasa called for stronger policies to attract foreign direct investment and urged the government to formulate a national strategy for developing the tourism industry.

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