Connect with us

Midweek Review

Parliament reels as Easter Sunday accusations tarnish members’ credibility

Published

on

The LTTE used to mark 'Lt. Col.' Thileepan and Vaithilingam Sornalingam aka Col Sankar remembrance event together. The founder of the Tamileelam Air Force (TAF). Col. Sankar was killed by the Army on September 26 in 2001. (Tamil Net pic taken on Sept 26, 2008)

By Shamindra Ferdinando

The Parliament last week wasted two days on a much hyped debate on national security and the 2019 Easter Sunday carnage carried out by local Muslim extremists radicalized by ISIS ideology. The debate didn’t help political parties represented in Parliament to reach consensus on the post-Easter Sunday reconciliation plan.

But, the ruling ‘Pohottuwa’ party and the solitary UNP National List MP Wajira Abeywardena defended the handling of the Easter Sunday investigations, whereas those who were in the Yahapalana Cabinet, that ruled the country at the time, attacked the Wickremesinghe-Rajapaksa government over its alleged failure.

A careful consideration of speeches made on September 21 and 22 clearly reflected the fact that political parties remained committed to their original positions, though the political landscape has changed. The exchange between former President Maithripala Sirisena, MP, and war-winning Army Commander Field Marshal Sarath Fonseka, MP, on the first day of the debate, underlined the pathetic state of affairs.

Polonnaruwa District ‘Pohottuwa’ lawmaker Sirisena’s claim that the war veteran wouldn’t have received the Field Marshal’s rank without his intervention proved again he didn’t have any sense of what he was talking about. If not for Fonseka’s strategic, courageous, ruthless and relentless leadership in pursuit of his goal to destroy the Tigers, the LTTE wouldn’t have collapsed in less than three years (Aug 2006-May 2009) though the successful war effort hinged on the combined forces commitment, and leadership in their respective fields.

MP Sirisena owes an explanation as to why wartime Navy and Air Force commanders, Wasantha Karannagoda and Roshan Gunathilake, respectively, were denied honorary ranks of Admiral of the Fleet and Marshal of the Air Force when Fonseka was awarded the rank of Field Marshal in March 2015. Karannagoda and Gunathilake finally received their due honours in Sept. 2019, several months after the Easter Sunday carnage, the subject of the two-day debate that didn’t achieve anything.

Lawmaker Sirisena should be reminded that he held the public security portfolio as the then President and Commander in Chief at the time of the Easter attacks. Sirisena steadfastly refused to swear in an UNPer as Public Security Minister though he reluctantly swore in Ranil Wickremesinghe as the Premier after the Supreme Court thwarted his constitutional coup. In fact, an influential section of the Yahapalana setup wanted Fonseka appointed as the Public Security Minister, though the proposal didn’t find favour with Premier Wickremesinghe.

While Parliament debated the Easter Sunday carnage, President Ranil Wickremesinghe, who served as the Premier at the time of the near simultaneous suicide attacks, was away in Washington to attend the 78th sessions of the UN General Assembly in New York. Let me reproduce verbatim the assessment made by the Presidential Commission of Inquiry on the Easter Sunday carnage. “Upon consideration of the evidence, it is the view of the CoI that the lax approach of Mr. Wickremesinghe towards Islamic extremism, as the Prime Minister, was one of the primary reasons for the failure on the part of the then government to take proactive steps towards Islamic extremism. This facilitated the build-up of Islamic extremism to the point of the Easer Sunday attack.” (Final report, Vol

01, p 276-277).

Against the backdrop of lawmaker Sirisena seeking UN intervention following the Channel 4 allegations, based on Hanzeer Azad Maulana (ex-aide to State Minister Sivanesathurai Chandrakanthan aka Pilleyan) over claims of complicity of Maj. Gen. Suresh Sallay in the Easter Sunday plot, it would be pertinent to point out the CoI’s assessment on the then President Sirisena. “Upon consideration of evidence of facts before 4th April 2019, the CoI is of the view that President Sirisena has failed in his duties and responsibilities and that his failure transcends beyond mere civil negligence.” (Final report, Vol 01, p 263)

CoI suggested: “….based on the evidence, the CoI is of the view that there is criminal liability on his part for the acts or omissions explained above. The CoI recommends that the Attorney General consider instituting criminal proceedings against President Sirisena under any suitable provision in the Penal Code.” (Final report, Vol 01, p 265)

Supreme Court Justice Janak de Silva chaired the CoI. The other members of the CoI were Court of Appeal Judge Bandula Karunaratne, retired Court of Appeal Judge Sunil Rajapaksa, retired High Court Judge Bandula Atapattu and retired Justice Ministry Secretary W.M.M.R. Adikari. The CoI commenced its hearings on Oct. 31, 2019 and sat on 214 days in total, holding 640 sittings and interviewing 451 witnesses.

The ‘Pohottuwa’ caused suspicions among the Catholics by appointing a six-member team to study the report prepared by such an eminent group. The group, headed by Chamal Rajapaksa, and included Johnston Fernando, Udaya Gammanpila, Ramesh Pathirana, Prasanna Ranatunga and Rohitha Abeygunawardena, was named on Feb. 19, 2021. President Gotabaya Rajapaksa received the report on Feb 01, 2021.

The Catholic Church repeatedly pointed out that none of the recommendations made by the CoI had been implemented.

Retired AVM doubts C4 claims

Air Vice Marshal [retired] A.B. Sosa V S V, psc, emphasized the pivotal importance of what he called maximum possible legal punitive action against those responsible for the attacks and security failure at all levels.

The former coordinating Officer of the Hambantota District at the height of the JVP-inspired insurgency (1987/88) and Mahiyanganaya in 1989 where the JVP declared a curfew to sabotage President Ranasinghe Premadasa’s Gam Udawa project explained how various interested parties exploited the developing situation to their advantage.

Declaring that the Easter Sunday carnage is a crime against humanity, Sosa examined the sequence of events as presented by C4, based on Hanzeer Azad Maulana, ex-CID Officer Nishantha Silva, who sought political asylum in Switzerland a week after Gotabaya Rajapaksa’s election as the President in Nov. 2019, and an anonymous Sri Lankan Government Official.

C4 accusations pertained to the period about four years prior to the Easter bombings. They rely on the accusations of Maulana and Nishantha Silva. C4 dealt with circumstances Pilleyan’s involvement in the murder of a sitting Member of Parliament Joseph Pararajasingham while attending holy mass on Christmas day 2005. That killing took place in Batticaloa.

One-time LTTEer and sidekick of Karuna Amman who served Mahinda Rajapaksa’s parliamentary group had been entrusted with the task of eliminating those opposed to the Rajapaksas, according to Moulana, who lucidly explained the role played by his former boss over the years.

Sosa questioned Moulana’s claim that Pilleyan’s group had been accommodated at the former Tripoli market premises and was named the ‘Tripoli Platoon.’ The former Director of Operations and Training declared: “This is an outrageous claim. As there had been an Army detachment therein, a motley crowd of civilians couldn’t have been positioned there under any circumstances. Such a situation is not possible in any disciplined military organization.”

Reiterating his concerns over the failure on the part of successive governments to punish those responsible for the assassination of Sunday Leader Editor Lasantha Wickrematunga in January 2009, the Air Force veteran said that Moulana’s claim that the wartime Defence Secretary Gotabaya Rajapaksa directed the so-called Tripoli ‘platoon’ to eliminate the eminent journalist is nothing but a blatant lie.

Sosa said that the ex-CID officer’s unsubstantiated claims regarding the Wickrematunga assassination and his removal from the investigation should be examined against the backdrop of his failure to produce any documents or incriminating tapes. The retired AVM emphasized decisions couldn’t be made or consensus reached merely on a statement. Reference was made to an unprecedented Swiss Embassy ‘drama’ that followed the CID officer leaving the country along with his family.

During his career, Sosa, who had received training in the UK and Pakistan, held several command appointments, including as the Commander of the Katunayake Air Force Base.

Commenting on the alleged meeting arranged by Moulana between Sallay and the would-be Easter Sunday suicide bombers in a coconut estate called Lactowatta in the Puttalam district in Feb. 2018, Sosa emphasized this allegation should be examined taking into consideration the officer concerned was based in Malaysia as Sri Lanka’s Minister Counsellor. Sallay is on record as having said that he never left Malaysia in 2018 to visit Sri Lanka or any other country. Sosa stressed that Sallay, who had served as head of the Directorate of Military Intelligence (DMI) at the time of the 2015 presidential election, was removed and sent out of the country. Malaysia could help Sri Lanka and other interested parties to establish/ascertain the then Minister Counsellor’s movements. Sosa said: “Sallay could not have been simultaneously in two countries.”

The retired AVM also disputed C4 claim that Moulana had received instructions from Sallay on April 19, 2019, over the phone on the basis the officer was on a National Defence College, India, course. The government and other interested parties could easily verify this with Indian authorities, Sosa said, pointing out that both Malaysia and India must have examined claims.

The retired officer said: “In such circumstances, it is obvious that some ill-considered notions had been accepted by C4. Did C4 engage in a deliberate project to discredit Sri Lanka? I hold no brief for anyone. I have never met those who had been interviewed by C4 or persons mentioned, including Maj. Gen. Suresh Sallay. There is absolutely no doubt that the heinous Easter Sunday attacks and other allegations must be thoroughly investigated and perpetrators punished. However, it is necessary to sift out red herrings such as the farcical so-called C 4 hatchet job meant to discredit Sri Lanka. Perhaps, C4 is among those who pursued a different agenda as they couldn’t stomach our victory over terrorism.”

Sosa retired in Aug. 1990 on reaching the mandatory 55 years, several weeks after the eruption of Eelam War 11. Having successfully met the JVP challenge in the hotbed of subversive activities, where he served as CO for a year, Sosa received appointment as Base Commander, Karunayake, even though the Security Council wanted him appointed as CO, Kegalle. Sosa recalled how President Ranasinghe Premadasa, having succeeded JRJ, sent him to Mahiyangana to neutralise the JVP threat to facilitate the holding of Gam Udawa there. “Immediately after I took over security at Mahiyangana, President Premadasa met me there. We had a very cordial one-to-one meeting. The President told me to ensure that power supply was not interrupted and normalcy restored. The JVP had sabotaged the entire fleet of around 30 buses in the depot. I flew down motor fitters and mechanics from Katunayake air base who got the buses going by cleaning the sand spiked gear boxes and oil tanks. Army troops were placed on 24-hour patrols to ensure the power pylons were not destroyed by the JVP. These troops had to be maintained by helicopters as the area was not accessible by road. During the Gam Udawa period, President Premadasa met me every morning. The Gam Udawa drew a large crowd and everything went off well except for a minor incident after closing time on one occasion. When leaving in the morning after the final day the President said “Thank you, see me in Colombo.” Sosa said that he opted to get back to Katunayake air base and remained there until retirement.

The Thileepan affair

Amidst the ongoing controversy over the Easter Sunday carnage and ahead of the two-day debate in Parliament, a vehicle carrying a portrait of Thileepan was attacked by villagers at Shardhapura, Uppuveli.

Thileepan died of a hunger strike at Nallur Kandasamy Kovil on Sept. 26, 1987. His fast lasted 11 days. A section of the media reported that National List MP Selvarajah Kajendran (a member of the Gajendrakumar Ponnambalam led Ahila Illankai Thamil Congress) accompanying the vehicle was also attacked. It would be pertinent to mention that Kajendran first entered Parliament in 2004 on the Tamil National Alliance (TNA) ticket. The one-time President of the Jaffna University Students Union received the backing of the LTTE at that election in the wake of the TNA recognizing Velupillai Prabhakaran as the sole representative of the Tamil speaking people, amidst the shocking split caused by then LTTE Eastern Commander Vinayagamoorthy Muralitharan aka Karuna Amman defecting to the government.

The portrait-carrying vehicle began its journey at Pottuvil and was on its way to the Jaffna peninsula, where the final remembrance was to be held. A section of the media depicted Thileepan as a person who died for the rights of the Tamil speaking people.

Let us examine the circumstances 26-year-old Thileepan died following the 11-day fast after Velupillai Prabhakaran ‘deployed’ him as a suicide bomber. Actually, Thileepan’s fast unto death was meant to cause mayhem in the Jaffna peninsula. The LTTE mounted its first suicide attack on July 05, 1987, on the Nelliady Army detachment.

Former LTTE terrorist Niromi de Soyza (adopted pseudonym) dealt with Thileepan’s fast unto death, in her debut as a writer. ‘Tamil Tigress’ first published two years after the Sri Lankan military decimated the LTTE’s conventional military capability, the writer, who had been 17 at the time she joined the group in 1987, discussed Thileepan’s death against the backdrop of Velupillai Prabhakaran’s decision to take on the Indian Army. Sri Lanka was forced to accept the deployment of the Indian Army in late July 1987.

The writer ‘Niromi’ questioned Velupillai Prabhakaran’s choice as Thileepan was physically fragile and too intelligent to be sanctified. She had been one of those assigned for crowd controlling duties at Nallur Kandasamy Kovil where she witnessed Thileepan being welcomed onto the makeshift podium. The LTTE’s No. 02 at the time Mahattaya had been with Thileepan at the launch of his fast. ‘Niromi’ had been at the scene of the hunger strike on many days and experienced the LTTE propagating the lie that the dying man’s wish was for the LTTE to defeat the Indian Army. Recalling the opportunity she received to get onto the podium, the writer translated four lines of a Tamil song heard about a week after Thileepan launched his much advertised action.

A sweet-smelling flower is withering

It cannot speak, it cannot walk

Will Thileepan anna’s desire be satisfied?

Won’t the foreign army flee?

The writer named Thileepan as the person who conscripted her, handed her first assault rifle as well as a cyanide capsule which the writer called kuppie.

She had been present when a doctor who examined Thileepan on Sept. 26, 1987, pronounced him dead.

‘Niromi de Soyza’ wrote: With his life Thileepan had paved the way for war (Chapter 09: There’s still time to change your mind).

Less than 10 days after Thileepan’s death, the Sri Lanka Navy intercepted a trawler carrying a group of hardcore LTTE terrorists in the northern seas. Their detention and their subsequent mass suicide in Sri Lankan custody led to the resumption of war in the second week of Oct. 1987.

Niromi de Soyza quoted Velupillai Prabhakaran as having told a group of cadres, including herself, soon after the mass suicide at Palaly, “The Indian government engineered the so-called peace process as a plot to gradually eliminate us.”

Propaganda war will continue unabated until Sri Lanka countered lies. Fifteen years after the conclusion of the war, Sri Lanka is still struggling to counter various narratives. There cannot be a better example than the bid to exploit deliberately caused Thileepan’s death to launch a fresh rift between the Sinhalese and Tamil speaking people. The vehicle convoy that had been launched from Pottuvil was meant to cause maximum harm to these yet fragile relations. Unless the government takes tangible measures against such exploiting tactics to create fresh wounds between the two communities, the day the country erupts again is not far off.



Continue Reading
Advertisement
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Midweek Review

22A: Developing constitutional quagmire

Published

on

The government’s high profile project to enact the 22nd Amendment failed to secure any tangible support from anyone outside the NPP, in Parliament or outside. In a statement, the Illankai Thamil Arasu Kadchi (ITAK) noted that the proposed amendment concerned the sovereignty of the people and, therefore, required approval through a referendum. The ITAK, a key member of the six-party Political Council of Tamil-Speaking people (PCTSP) and the second largest party in the Northern and Eastern Provinces, other than the NPP, is opposed to President Dissanayake’s move. Tamil Progressive Party (TPA) leader and former Minister Mano Ganeshan, also of the PCTSP, has rejected the 22nd Amendment. The Island learns that all political parties, represented in the PCTSP, are opposed to the proposed Amendment.

The NPP obtained the most seats at the Parliamentary General Election 2024. Other parties that managed to gain seats in Parliament are the Samagi Jana Balawegaya (SJB/40 seats), Ilankai Tamil Arasu Kadchi (ITAK/8 seats), New Democratic Front (NDF/5 seats), Sri Lanka Podujana Peramuna (SLPP/3 seats), Sri Lanka Muslim Congress (SLMC/1), Sarvajana Balaya (SB/1), United National Party (UNP/1), Democratic Tamil National Alliance (DTNA/1), All Ceylon Tamil Congress (ACTC/1), All Ceylon Makkal Congress (ACMC/1), Jaffna – Independent Group 17 (IND17-1) and the Sri Lanka Labour Party (SLLP/1).

Timeline

* March 30, 2026, BASL wrote to Justice and National Integration Minister Harshana Nanayakkara seeking a meeting to discuss 22A

* May 25, 2026, BASL wrote to President Dissanayake seeking a meeting to discuss the same

* July 16, 2026, BASL wrote again to the Justice Minister underscoring the failure on his part and the President to respond to previous letters

* July 27, 2026, NPP executive committee member advocate Lal Wijenayake declared opposition to the government move

* July 29, 2026, BASL met the Justice Minister, sought a meeting with President Dissanayake

* July 31, 2026, Mahanayakes of four Chapters (Nikayas) wrote a joint letter to President Dissanayake urging him not to go ahead with the 22nd Amendment. But, the Mahanayakes refrained from releasing the letter to the media

* August 3, 2026, BASL disclosed the Mahanayakes’ letter to the President. Justice Minister Nanayakkara, accompanied by Health and Media Minister Dr. Nalinda Jayathissa, visited the Mahanayakes to explain the government stand. But, they denied receiving the crucial letter

* August 7, 2026, UN requested President Dissanayake, in no uncertain terms, to abandon the move.

* August 11, 2026, Government admitted receiving the Mahanayakes letter

* August 18, 2026, 22nd Amendment Bill presented in Parliament. Those opposed to the constitutional amendment began filing petitions. The BASL led the way. By 24 August, 21 petitions were filed.

* August 20, 2026, Catholic Bishops’ Conference urged the government not to proceed without adequate consultations.

* August 24, 2026, BASL, in a motion filed in the Supreme Court, suggested that Chief Justice Preethi Padman Surasena recuse from hearing the petitions

By Shamindra Ferdinando

In support of the ruling National People’s Power (NPP) government’s highly contentious move to enact the 22nd Amendment to the Constitution despite worldwide condemnation by eminent jurists, meant to extend the retirement ages of superior court judges, NPP leader and President Anura Kumara Dissanayake will address a series of countrywide meetings.

Dissanayake is also the leader of the Janatha Vimukthi Peramuna (JVP), the main constituent of the governing party.

Justice and National Integration Minister and Attorney-at-Law Harshana Nanayakkara, on 18 August, 2026, tabled the controversial 22nd Amendment Bill in Parliament. Nanayakkara also tabled the Judicature (Amendment) Bill on the same day. That will pave the way for the increase of the retirement ages of High Court judges to 63 years, and District Court and Magistrate Court judges to 62 years. The government wants to increase the retirement ages of Supreme Court and Court of Appeal judges to 67 and 65, respectively.

However, the government has proposed a six-year term for the Chief Justice but he/she will have to retire at the new mandatory retirement age of 67.

Health and Media Minister, as well as Cabinet spokesman Dr. Nalinda Jayathissa, recently announced the decision to launch the high profile propaganda campaign on 5 September. The NPP and JVP leader has vowed to enact the 22nd Amendment, come what may.

Dissanayake, who took over the party leadership on 2 February, 2014, at the 17th convention of the JVP, and formed the NPP in 2019, has indicated that he wouldn’t, under any circumstances, give up the 22nd Amendment. Dissanayake didn’t mince his words when he received a top level delegation of the Bar Association of Sri Lanka (BASL) at the Presidential Secretariat, on 12 August, to discuss the burning issue wracking the country. It would be pertinent to mention that the BASL raised the issue with Dissanayake, on 25 May, after Nanayakkara ignored their first request, made on 31 March.

The Supreme Court will hear over 20 petitions challenging the constitutionality of the 22nd Amendment Bill. Now that the matter is before the Supreme Court, the main opposition Samagi Jana Balawegaya (SJB) shouldn’t have sought to involve the BASL in a futile attempt to educate the NPP parliamentary group. The BASL, too, should know better. The BASL and SJB are among those who moved the Supreme Court. Against that background it would be unthinkable that the NPP parliamentary group wants to listen to BASL. Government activists, on Monday (24), organised a protest outside BASL Secretariat, NO. 153, Mihindu Mawatha, Colombo 12 demanding the resignation of BASL President Rajeev Amarasuriya.

SJB and Opposition Leader Sajith Premadasa clashed in Parliament with the leader of the House Bimal Rathnayake over his bid to bring in the BASL team to address the whole Parliament. NPP National List lawmaker Najith Indika declared on X that “the Opposition Leader couldn’t call all MPs for meetings. BASL either does not follow parliamentary procedure or knows how to manipulate public perception.”

The Supreme Court will receive petitions during two weeks, after the tabling of the Amendment. The Court should inform the Speaker of its determination within three weeks. Parliament will receive that determination ahead of President Dissanayake completing his second year in Office. The last presidential election was held on 21 September 2024.

Dissanayake won a five-year term and in November, the same year, led the party to a resounding victory at the parliamentary poll. The NPP/JVP position is that both Bills can be enacted with a 2/3 majority. With a mammoth 159 seats in Parliament, the government is confident that its political project can be easily achieved. But, the NPP operation has run into significant opposition with the United Nations, throwing its weight behind the BASL-led campaign.

Tabling of the two Bills on 18 August coincided with the 39th anniversary of the JVP grenade attack on the UNP parliamentary group, in the wake of the signing of the Indo-Lanka peace accord in 1987. Ajith Kumara, at that time a minor parliamentary employee, lobbed a hand grenade at the UNP group meeting, chaired by President J.R. Jayewardena. Prime Minister Ranasinghe Premadasa, too, was present. The then National Security Minister Lalith Athulathmudali narrowly escaped death in the attack that took place in the Committee Room 1 of Parliament. Deniyaya MP and Matara District Minister Keerthi Abeywickrema was killed. The writer covered the funeral, held on 22 August, 1987, at the playground of the Morawaka Maha Vidyalaya. Then the young Minister in charge of Youth Affairs and Employment, Ranil Wickremesinghe, was among those who represented the government at the funeral.

Kumara had been recruited as a sweeper by no less a person than the then Secretary General of Parliament, Nihal Seneviratne. Had Kumara been a member of the proscribed JVP at the time he joined the parliamentary staff or did the JVP approach him later?

The Colombo High Court acquitted Ajith Kumara on 12 October, 1990, and released him from custody on 6 August, 1993. Subsequently, the JVP accommodated Ajith Kumara on the party’s politburo and paved the way for him to contest the Sabaragamuwa Provincial Council poll on the JVP ticket. With fat hopes the JVP named him their chief ministerial candidate.

Key Opp demands

Pointing out that the matter before the Supreme Court judges related to them, the BASL requested that a bench consisting of a full court, comprising all the judges, be constituted to determine the constitutionality of the 22nd Amendment Bill. The BASL also requested the Supreme Court to determine that the Bill is inconsistent with Article 3 of the Constitution and required approval by the people at a referendum.

In the alternative, the BASL sought determination that Clause 2 of the Bill is inconsistent with Article 3 of the Constitution and required approval by the people at a referendum and Clause 3 of the Bill is inconsistent with Article 3 of the Constitution and required approval by the people at a referendum.

Essentially, all petitioners have requested for a full court, comprising all Supreme Court judges and a referendum, if ordered, it’ll be the second instance. The first referendum was held in December 1982. The UNP that won an unbeatable 5/6 majority in a 168-member Parliament, at the 1977 parliamentary election, obtained a mandate of the people to extend the life of Parliament by six years. That utterly undemocratic, unreasonable and treacherous act contributed to the overall deterioration of the country. By the time the 1989 parliamentary poll was held, the police, backed by the armed forces, were fighting the JVP in the South, and the Indian Army, deployed in the Northern and Eastern regions, in terms of the Indo-Lanka Accord.

Former External Affairs Minister Prof. G. L. Peiris, convenor of the Joint Opposition grouping, too, moved the Supreme Court against the 22nd Amendment, and General Secretary of the SJB Ranjith Maddumabandara did the same. Altogether there were nearly two dozen petitioners

Ex-Law Professor Peiris has vigorously campaigned against the government move, and the weekly media briefing. held at former President Wickremesinghe’s Flower Road Office, has become the focal point of the Opposition campaign. Peiris insists that the Supreme Court shouldn’t hear the petitions as justices were direct beneficiaries of the proposed Amendment. Therefore, determination should be made at a referendum. In case the Supreme Court decides to hear the petitions, the full court consisting of all judges should be constituted to determine the constitutionality of the 22nd Amendment Bill, the former parliamentarian has asserted.

As repeatedly stressed by Prof. Peiris, two previous determinations by the Supreme Court that the alteration of superior court judges’ retirement ages should be subject to a referendum cannot be disregarded, under any circumstances. One of the determinations is of crucial importance as former Chief Justice Murdhu Fernando (December 2024 to July 2025) served on the three-member bench that made the far reaching announcement in 2022.

But, the BASL made an unexpected move on Monday. Close on the heels of its petition against the 22nd Amendment to the Constitution, the BASL filed a motion in the Supreme Court suggesting that Chief Justice Preethi Padman Suresena recuse from hearing petitions.

Petitioners BASL President Rajeev Amarasuriya and its Secretary Nalin de Silva cited Attorney General as the respondent in a motion filed in terms of Article 121 read with Article 120 of the Constitution to determine whether the Bill, titled “Twenty Second Amendment to the Constitution,” or any part thereof, is required to be passed by a Referendum in terms of Article 83 of the Constitution.

The BASL pointed out that the first Judge of the Supreme Court, who would benefit if this Bill is enacted into law without the process of a referendum, is the Chief Justice, and further that if a referendum is mandated, then that there is a possibility that the Chief Justice may retire before its completion, and if for those reasons, the Chief Justice wished to recuse from hearing this matter, then the petitioners have requested the Chief Justice to constitute a bench comprising of all other judges in Supreme Court.

The maximum number of Supreme Court and Court of Appeal judges are 17, including the CJ and 20 judges ,including the President of the Court of Appeal, respectively. The NPP caused controversy by not filling vacancies among the superior court judges with the Opposition alleging there were four vacancies each. There’ll be another vacancy among the Court of Appeal judges in the first week of September.

The warning issued by the UN following a spate of other statements from various local and international bodies has brought tremendous pressure on the government. Having initially denied any knowledge of a joint letter, dated July 31, addressed to President Dissanayake by the Malwatta, Asgiriya, Amarapura and Ramanna chapters, the government, on 11 August, admitted the President received the letter.

However, the Catholic Bishops Conference publicly commented on this issue, only on 20 August, after all other concerned parties censured the government over the move. A section of the civil society that portrayed the 22nd Amendment as the panacea for a mountain of cases held up in courts had no option but to sing a different tune after the UN warned the NPP government over the pet project that seemed to have backfired. The UN’s position rattled the government and its backers.

18A and 20A

War-winning President Mahinda Rajapaksa enacted 18th Amendment to the Constitution in early September 2010. That despicable political project did away with a two-term time limit for the executive president and expanded presidential powers over independent commissions. That Bill received 161 votes, two more than the NPP parliamentary group. But, 18A didn’t do any good for President Rajapaksa or his party. Maithripala Sirisena, General Secretary of Mahinda Rajapaksa’s party, betrayed him, won the 2015 presidential election, and created an utterly undesirable political environment that, over a period of 10 years, ruined the country’s major political parties.

The emergence of the NPP as the dominant power should be examined taking into consideration the deterioration of the UNP, SLFP and the SLPP. The UNP and SLFP are no longer represented in Parliament while the SLPP that won a commanding 145 seats at the 2020 parliamentary poll was reduced to just three lawmakers in Parliament. SLPP’s National Organiser Namal Rajapaksa was so concerned about the transformation of the political environment he took refuge in the National List. Had he not taken that precaution, he wouldn’t be in Parliament today. While the SLPP deteriorated from 145 seats to just three, the NPP, whose 2020 parliamentary group consisted of just three, including one National List member (Dr. Harini Amarasuriya) ended up taking 159 seats, the best results achieved under the Proportional Representation system introduced in 1989.

Having handsomely won the 2019 presidential election, Gotabaya Rajapaksa brought in the 20th Amendment aimed at further consolidating his hold on power. Basil Rajapaksa, a dual citizen of Sri Lanka and the US, wanted to enter Parliament through the National List. The Rajapaksas removed a particular clause through the 19th Amendment to enable Basil Rajapaksa to enter Parliament. Subsequently, the SLPP accommodated Basil Rajapaksa in the Cabinet as the all-powerful Finance Minister. He succeeded Mahinda Rajapaksa in July 2021. But by then, the national economy had suffered irreparable damage and the 20th Amendment, meant to consolidate executive power, seemed irrelevant. Public protest campaign that received overt and covert US and Indian backing was launched in March 2022, leading to President Gotabaya Rajapaksa’s unceremonious ouster in July of same year due to India and Western backed violent protests.

The 18th Amendment and the 20th Amendment were enacted at the expense of particularly the 17th and 19th Amendments, respectively.

The Frontline Socialist Party (FSP) has alleged that the 22nd Amendment would enable the government to implement its neoliberal programme. The breakaway JVP group has asserted that the government’s sinister project is intended to remove whatever obstacles to its neoliberal strategy.

FSP’s Education Secretary Pubudu Jayagoda said: “A new Fisheries Act will divide the ocean into plots, lease the fish-rich areas to multinational corporations, and deprive local fishermen the opportunity to catch fish in the deep sea. The biggest obstacle to this is the fishermen. A Quality Assurance and Accreditation Commission Act is being drafted to grant state recognition and legality to degree mills. Three thousand schools are going to be closed, depriving children of the fundamental right to education. To do that, every pillar of the state must be brought under government control. A long list can be given: privatising hospital laboratory services, selling off state institutions, bringing forward new repressive laws like the PSTA (Protection of the State from Terrorism Act), and a new Cooperatives Act that snatches away people’s funds—many things like that. Taking the arbitrary power required to execute these into the hands of the executive is the true objective of this constitutional amendment.”

Continue Reading

Midweek Review

Shakespeare’s female characters

Published

on

Ophelia in a scene from Hamlet

Displaying Gender-Based Issues that Resonate with Our Times

by Dr. Siri Galhenage
Psychiatrist [Retd]

In most of William Shakespeare’s plays, the protagonists are male. He created such memorable characters as Hamlet, Othello, King Lear, Macbeth, Julius Caesar, Prospero, Coriolanus, the monarchs of history plays and many others – heroes as well as villains. This was a reflection of the societal values of the time. Women were not permitted to perform on stage, and all female roles were played by young males – a practice that continued for nearly half a century after Shakespeare’s death. This was so even though Elizabeth 1, the learned female monarch of England and Ireland and a humanist, occupied the throne during most of Shakespeare’s writing life [1580–1613], and extended her patronage to his plays.

Nevertheless, compared with his contemporaries Christopher Marlowe and Ben Jonson, Shakespeare wrote a greater number of plays featuring prominent female characters that drove the narratives, providing insights into intra-psychic, interpersonal, social and moral aspects of life.

I have selected two such female characters from Shakespeare’s plays and another from one of his narrative poems to illustrate this idea, focusing primarily on gender based violence – emotional, physical and sexual – that continues to resonate in our own times. I have also chosen another female character who challenged the gender constraints that imposed by contemporary society.

DESDEMONA in Othello

A Victim of Morbid Jealousy

A scene from As You Like It

Jealousy, as a human experience, has many nuances of meaning, ranging from the harmless to the morbid, including delusional forms, with many variations in between. The object of concern in jealousy is the suspicion of unfaithfulness or infidelity on the part of a loved one, commonly a female partner in a marital relationship. In its morbid form, accompanied by intense passion, jealousy has the potential to be destructive and even dangerous, placing the spouse at risk. It is not an uncommon presentation in clinical practice attracting the diagnosis of ‘Othello Syndrome’ although there is disagreement among clinicians about the application of the term.

Othello, a valiant soldier of African heritage in the state of Venice, had no difficulty winning the heart of Desdemona, the attractive young daughter of a prosperous senator. He took her away in defiance of her father’s wish for her to marry into the Venetian nobility. At this point, the Turks were preparing to regain Venetian-held territory in Cyprus, and Othello, recognised for his military prowess, was selected to lead the defence of the territory.

Despite the imminent Turkish attack on Cyprus, Desdemona preferred to remain with her husband rather than stay in Venice. The attack did not eventuate, however, because a violent storm dispersed and destroyed the invading Turkish fleet. The Venetian forces rejoiced, and the occasion provided an added opportunity to celebrate the marriage of Othello and Desdemona.

Casio, a close confidant of Othello, who had been recently promoted to lieutenant, was delegated to supervise the festivities. Cassio’s promotion caused great offence to Iago, who strongly believed that he was better suited to the position. He plotted to take revenge on Othello and Cassio by planting the seed of doubt in Othello’s mind through innuendo and trickery, casting suspicion on Desdemona’s fidelity and on her relationship with good-looking Cassio. Desdemona, a woman of exuberance and humour, became the unwitting focus of Iago’s manipulation.

The dissonance that arose in Othello’s mind eventually reached a climax when he accused his wife of infidelity and became convinced that she should die. Despite Desdemona’s plea for compassion, Othello strangled her to death. On finally gaining insight into the whole saga, Othello fell on his sword beside his wife.

OPHELIA in Hamlet – A Case of Manic Defence in response
to emotional abuse

Hamlet, the Prince of Denmark, takes centre stage in the play of the same name, and his mental processes have been the focus of scrutiny by successive generations of critics.

Young Prince Hamlet is faced with a complex emotional challenge following the sudden death of his father, King Hamlet, he idolised. The late king’s brother, usurper to the throne, hastily marries the widowed queen, denying the young prince his lawful right to sovereignty. Hamlet’s grief is compounded by his outrage towards his mother and his lingering doubts about the circumstances of his father’s death. He lapses into a state of melancholy.

But the impact of Hamlet’s emotional instability and the displacement of his anger onto Ophelia, to whom the prince had professed his love, receive less attention by critics, despite the significant psychological issues raised by her predicament. The episode in which Hamlet directs his anger towards Ophelia – often referred to as the ‘nunnery scene’ – is considered one of the most vicious in all Shakespeare.

Get thee to a nunnery. Why wouldst thou be a breeder of sinners?”…. “If thou dost marry, I’ll give this plague for thy dowry, be thou as chaste as ice, as pure as snow, thou shall not escape calamity. Get thee to a nunnery; go, farewell. Or if thou wilt needs marry, marry a fool, for wise men know well enough what monsters you make of them. To a nunnery go, quickly too. Farewell

Her love for Prince Hamlet was forbidden from the outset by her father, the scheming counsellor, Polonius, and by her brother Laertes; she was obedient to them.  With her dignity destroyed by the very person she loved and her father killed, albeit inadvertently by the hand of her lover, she nevertheless reacted with compassion. With her brother away in France, Ophelia is bereft of any meaningful relationships.

With no one left to confide in, her mind had no alternative but to escape reality. She lapsed into a state of mania – a state of ‘fragile happiness’ with underlying deep sorrow; an unconscious defensive operation of the mind known as ‘manic defence’, as described by Melanie Klein [1882-1960], the  renowned Austrian Psychoanalyst.

In this state of mind, Ophelia presents herself before the king and queen, singing snatches of song concerning love, death and betrayal. Her behaviour is totally out of character to her formerly demure self. Here are a few excerpts from her verses illustrating what might be described as a ‘flight of ideas’.

How should I your true love know/ From another one? / By his cockle hat and staff/ And his sandal shoon…”

“He is dead and gone, lady/ He is dead and gone/ At his head a grass green turf/ At his heels a stone…

They say the owl was a baker’s daughter. Lord we know what we are, but know not what we may be. God be at your table …

Hey non nonny, nonny, hey nonny/ And in his grave rained many a tear …” “You must sing ’Adown adown’ and you call him adown-a.”

Later, Queen Gertrude, Hamlet’s mother, announced that Ophelia ‘Fell in a weeping brook while making garlands from crow-flowers, nettles, daisies and long purples’, and had made no attempt to save herself. At the graveyard two gravediggers discussed whether she deserves a Christian burial as she appeared to have taken her own life.

LUCRECE – in Shakespeare’s narrative poem The Rape

of Lucrece

Reworked from a story by the Roman historian Livy, Shakespeare’s innovative narrative poem, first published in 1594, gives access to the mind of a victim of sexual assault. Set in ancient Rome, the poem gives expression to the agony of Lucrece, the gracious wife of a nobleman, following a savage attack upon her by Sextus Tarquinius, the son of the brutal king Lucius Tarquinius of Rome.

During a joyous conversation, a group of young noblemen were commenting on the virtues of their wives when Collatinus extolled the incomparable beauty and chastity of his beloved Lucrece. Aroused by the description of her elegance, young Sextus makes a covert exit, ‘borne by the trustless wings of desire’ in pursuit of his prey –the peerless dame’, ‘weakly fortressed from a world of harm.

Lucrece warmly welcomes her royal guest, who shows no inward ill or outward harm. He praises her husband’s military prowess, ‘pawning his honour to obtain his lust. During the conversation he scans her beauty and burns with sexual desire, yet ‘is madly toss’d between desire and dread. His ambivalence finally gives way to desire. ‘Desire my pilot, beauty my prize/ ‘Then who fears sinking where such treasure lies?’ This said, he advances upon her, ‘like a falcon towering in the skies, that ‘Coutcheth the fowl with his wings’ ‘So under his insulting falcon lies/ Harmless Lucretia’ shade’, trembling with fear, ‘as fowl hear falcon’s bells’. She ‘lies at the mercy of his moral sting’ and finally succumbs ‘To the rough beast that knows no gentle right/ Nor aught obey but his foul appetite’.

Lucrece is shattered, perplexed and grief-stricken by the unexpected assault on her by her honoured guest. ‘I alone must sit and pine/ Seasoning the earth with showers of silver brine’. She weeps, ‘O unseen shame, invisible disgrace/ O unfelt sore, crest wounding private scar’. Her anguish is further expressed through the image of the violated hive. ’My honey lost, and I, a drone – like bee, have no perfection of my summer left/ But robb’d and ransack’d by injurious theft./ In thy weak hive a wand’ring wasp hath kept/ And suck’d the honey which thy chaste bee kept’.

In this state of mourning, Lucrece despatches two messengers: one to her father in Rome and the other to her husband on the battlefield. On their arrival, she reveals the circumstances of her agony and names the individual responsible. She then stabs herself to death.

Their entourage carry her body through Rome and vow to avenge the death of this incomparable woman of chaste’. By public acclaim the reign of Tarquins is overthrown, and the rule of Rome handed over to the consuls.

A scene from Othello

ROSALIND in ‘As You Like It’ – Challenging the Gender Constraints

One of the few female characters to play a leading role is Rosalind in ‘As You Like It’. She remains much to the liking of many a theatre goer because of her wit, wisdom and inner strength. Rosalind transcends the constraints imposed on women during the Shakespearean era – constraints that continue to resonate in certain cultures even today.

Two young women of noble birth flee the oppressive court in disguise and seek refuge in the Forest of Arden. Rosalind disguised as a young man, Ganymede, while her devoted cousin Celia adopts the name Aliena. As they depart Celia declares, “Now go we in content/ To liberty, and not to banishment.” Orlando, the object of Rosalind’s affection, also escapes to the forest to evade the hostility of his brother. Unaware of Rosalind’s disguise, he expresses his love by hanging verses in her praise upon the trees. Although Rosalind discovers these poems, she chooses to maintain her disguise, using it as an opportunity to test Orlando’s devotion and explore the nature of love, courtship, and the differing gender expectations. The play reaches a conclusion by Rosalind dropping her disguise, and the two uniting in love.

*****

Gender-based violence is recognised globally as a pervasive violation of human rights and a significant social, cultural and public health concern. Violence against women, including emotional, physical and sexual, varies across societies in form and prevalence, and is often rooted in unequal power relations and social structures that perpetuate male dominance. Gender-based violence requires collective action through education, legal protection, economic empowerment, accessible support services and changes in attitudes and cultural practices. Power and influence should not be allowed to shield the perpetrators.

Art, including dramatic and literary art, serves to illuminate human experience. It allows us to explore emotions, ideas and moral dilemmas that may otherwise remain beyond ordinary expression. Art can entertain and inspire, but it can also challenge our assumptions, evoke empathy, and offer new ways of seeing ourselves and the world around us. In this sense, art is not merely a form of aesthetic pleasure; it is a means of understanding what it means to be human.

Desdemona, Ophelia, Lucrece and Rosalind are among Shakespeare’s more prominent female characters. The first three are innocent victims of male violence in different forms, evoking our empathy and compassion; the fourth challenges the gender assumptions and constraints of the time. Together, they illuminate gender-based issues that are both universal and timeless. In this sense, Shakespeare remains ‘our contemporary’, as Jan Kott, Polish-American literary critic, famously observed.

Continue Reading

Midweek Review

Nature’s Distress

Published

on

By Lynn Ockersz

Nature’s not on any vengeance trail….

Rather, from dense forests of the West,

Now all aflame in parts as if in rage,

To South-East Asia’s savaging floods,

And Sri Lanka’s fierce dry spells,

Where man and beast are imperiled,

Nature’s signaling she’s distressed,

Over her custodian’s ravenous lust,

Which unceremoniously gobbles-up,

Her graciously bestowed riches;

‘Take warning; slow down at least now’,

She seems to be chiding her wayward son,

‘Be gentle with me and all my treasures,

And I’ll look to your continuing wellness,

But rein-in your self-destructive fire,

Lest it consumes your willful self in full,

And all I have left in your custodial care.’

Continue Reading

Trending