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Legal expert: Proposed IPO should be answerable to Parliament, not Executive

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Prathibha

The proposed Independent Prosecutor Office (IPO) should be answerable to the Parliament, former Human Rights Commissioner Prof. Prathibha Mahanamahewa, says.

Prof. Mahanamahewa said so in answer to a query raised by The Island regarding the Justice and National Integration Minister Attorney-at-Law initiating process meant to introduce an IPO in line with United Nations Human Rights Council (UNHRC) dictates. He emphasised the proposed mechanism shouldn’t be placed under the executive under any circumstances.

The intended establishment of an IPO is in line with UNHRC 55/1 and 60/L/1 resolutions, lawyer Mahanamahewa said, adding that a similar set up had been discussed here in the ’70s. “Such mechanisms are in operation in the UK (Crown Prosecution Service), Kenya (Office of the Director of Public Prosecutions), South Africa (National Prosecuting Authority) and Jamaica (Director of Public Prosecutions).”

The Independent Prosecutor’s Office couldn’t successfully operate in isolation, Prof. Mahanamahewa said, underlining the responsibility on the powers that be to ensure wide reforms in the police department as well as in the court system. The desired objectives couldn’t be achieved unless the government was ready to go the whole hog, he noted.

Pointing out that the proposed IPO would take over some duties and responsibilities of the Attorney General, Mahanamahewa said duplication of work had to be prevented.

Declaring the setting up of IPO had been endorsed by the electorate at the presidential and parliamentary polls last year, Mahanamahewa said, urging political parties represented in parliament to take tangible measures to introduce the proposed IPO in the new Constitution that would be enacted in the future.

Claiming that if Sri Lanka failed to meet UNHRC expectations, the issue would come up again in Geneva, Prof. Mahanamahewa stressed that it had to be borne in mind that the Constitution enacted in 1978 had done away with the IPO, empowering the AG, who advised the government in respect of legal matters ,to do the prosecutions as well. He added that the UNHRC intervention must be examined taking post 1978 developments, too, into consideration. Pointing out that in September 2024 the UNHRC had proposed the establishment of IPO as a matter of urgency, he said the Cabinet of Ministers on 7 May 2025, had decided to implement what was proposed in Anura Kumara Dissanayake’s manifesto for the 2024 September presidential election.

Accordingly, in line with the proposal made by Minister Harshana Nanayakkara to appoint a Committee of Technical Experts (CTE) to examine and report on introducing new legislation for the establishment of such an office and to make recommendations to introduce necessary amendments to the laws currently in force, where found necessary, Justice Yasantha Kodagoda, PC, Judge of the Supreme Court has been named the head of that CTE.

The UNHRC has repeatedly alleged that the Attorney General has failed to prosecute those accused of war crimes. Sri Lanka brought the war to a successful conclusion in May 2009.

Prof. Mahanamahewa said that the government could consider appointing the Independent Prosecution Commission (IPC) to achieve the same objectives. IPC could be appointed by the Constitutional Council, he said, urging the government to examine the issues at hand comprehensively before proceeding. “The UNHRC expects the mechanism to be under the legislature not the executive,” the lawyer said.

“The UNHRC gave us two years to bring the project to a successful conclusion,” he said, warning all concerned to be cautious of conflict of interests involving the AG and IPO that may cause tensions. That would be detrimental to the ongoing efforts meant to restore public faith in the judicial system.

The Island also sought the opinion of former President of BASL Saliya Pieris, PC. Declaring that establishment of IPO may not be the answer to the post-war issues experienced, the PC said: Whilst there is a need to secure the independence of public prosecutions, I am a little vary about new offices being set up given the practical difficulties relating to resources and administration. Frankly in Sri Lanka establishing new State Institutions is a nightmare. What is important is to secure the independence of the prosecution arm of the State so that it does not act on the whims and fancies of the government of the day.”

by Shamindra Ferdinando



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CIABOC tells court Kapila gave Rs 60 mn to MR and Rs. 20 mn to Priyankara

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USD 2.3 billion Airbus deal

The Commission to Investigate Allegations of Bribery or Corruption (CIABOC) yesterday told the Colombo Magistrate’s Court that former SriLankan Airlines CEO Kapila Chandrasena had admitted delivering a total of Rs. 60 million in three instalments of Rs. 20 million each to the then President Mahinda Rajapaksa, and Rs. 20 million to Aviation Minister Priyankara Jayaratne. The funds were allegedly linked to the controversial Airbus aircraft deal.

Chandrasena, who was arrested on March 12 over bribery allegations connected to the deal, was further remanded until April 2 by Colombo Chief Magistrate Asanga S. Bodaragama. He was produced before court yesterday by prison officials.

Investigators say Chandrasena is accused of accepting a US$2 million bribe in the transaction and conspiring to secure a total of US$16 million. They also allege that €1.45 million was transferred to a bank account in Singapore.

Prosecutors told court that Chandrasena had created a shell company in Brunei in his wife’s name to channel the kickbacks into its Singapore account.

The case stems from a 2013 agreement in which SriLankan Airlines purchased 10 aircraft valued at US$2.3 billion. Court proceedings are ongoing.The court fixed the date for March 24 to consider evidence with regard to issue warrants for Priyanka Neomali Wijearatne and Shamindra Rajapaksa.

By AJA Abeynayake

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Opposition moves no-faith motion against Energy Minister Kumara Jayakody

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Kumara Jayakody

Opposition lawmakers yesterday handed over a no-confidence motion against Energy Minister Kumara Jayakody to Speaker Dr Jagath Wickramaratne over alleged irregularities in coal procurement, etc.

Chief Opposition Whip MP Gayantha Karunathilaka submitted the motion to the Speaker yesterday morning. It has been signed by Opposition Leader Sajith Premadasa, members of the SJB, and several other Opposition representatives.

The motion accuses the Minister of failing to fulfil his primary responsibility of ensuring the procurement of adequate and high-quality coal for the Lakvijaya Coal Power Plant at Norochcholai. It states that such negligence in managing a critical national energy asset amounts to a serious breach of ministerial responsibility.

It further notes that the Minister has been formally charged before the Colombo High Court by the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) under Section 70 of the Bribery Act. The charge relates to an alleged act of corruption during his tenure as Procurement Manager of the Ceylon Fertiliser Company Limited.

The Opposition maintains that the combination of administrative failures and pending legal proceedings undermines the Minister’s ability to hold office, warranting a vote of no confidence.

By Saman Indrajith

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NJC takes up cudgels on behalf of Sallay, who played pivotal role in combating terrorism 

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The National Joint Committee (NJC) has raised concerns over the arrest and detention of retired Major General Suresh Sallay, calling for due process and caution in handling sensitive national security matters.

Issuing a statement signed by Dr Anula Wijesundera, the NJC has said the former senior military officer served the country for decades in the armed forces and intelligence services during critical periods of the conflict against terrorism.

While acknowledging that all citizens are subject to the law, the Committee has stressed that due process, fairness and respect for institutions tasked with safeguarding national security must be upheld.

Full text of the statement: The National Joint Committee (NJC) expresses deep concern regarding the recent arrest and detention of Retired Major General Suresh Sallay under a detention order.

Major General Sallay served Sri Lanka for decades in the armed forces and in the intelligence services during some of the most challenging periods of our country’s struggle against terrorism.

While all citizens are subject to the rule of law, the NJC believes that due process, fairness, and respect for the institutions that safeguard national security must be upheld at all times.

Particularly troubling are reports that sensitive intelligence-related details, including references to intelligence structures and personnel, are being publicly discussed in ways that could compromise operational security. The exposure of intelligence methodologies or personnel in the public domain can place lives at risk and weaken the effectiveness of national security institutions.

Sri Lanka has already experienced the grave consequences of such actions in the past. The Millennium City incident in 2002 led to the exposure of intelligence operatives who had been working against terrorist networks. Following the disclosure of their identities, many of those officers became targets of retaliation by the LTTE, resulting in the tragic loss of numerous lives and the dismantling of critical intelligence networks at a time when the nation most needed them.

It is therefore imperative that lessons from that painful episode are not forgotten.

It is also important to recall that prior investigations and public records confirm that intelligence warnings regarding potential attacks were received in Sri Lanka before 21 April 2019. The tragic loss of life that followed was therefore not the result of an absence of intelligence, but rather the failure of responsible authorities to act effectively upon those warnings in time to prevent the attacks. The numerous Commissions and Committees have identified these individuals and recommended action against them.

Equally relevant to the current public discussion is the factual record that Major General Suresh Sallay was neither serving as the Head of the State Intelligence Service nor present in Sri Lanka at the time when the attacks took place.

The NJC urges all authorities involved in the present investigation to ensure that the legal process is conducted with the utmost professionalism, transparency, and responsibility, while safeguarding sensitive national security information.

At a time when Sri Lanka continues to face evolving security challenges, the morale and integrity of the armed forces and intelligence services must be protected. Public confidence in these institutions is essential to the safety and stability of the nation.

The National Joint Committee therefore calls upon all responsible stakeholders — including investigators, public officials, media institutions, and civil society — to act with caution and responsibility so that the pursuit of justice does not inadvertently undermine the very institutions entrusted with protecting the country.

Sri Lanka’s patriots must remain vigilant to ensure that the sacrifices made by our armed forces and intelligence officers are not disregarded, and that national security institutions are not weakened in ways that could endanger the country in the future.

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