News
‘Perpetrators of violence should be dealt with under criminal and civil laws’
By Shamindra Ferdinando
Senior Attorney-at-Law Manoli Jinadasa Monday (24) said that illegal acts, such as arson and trespass, couldn’t be vindicated on the basis of ‘trade union’ action, under any circumstances. Thus, the normal law should operate against the perpetrators of such violations, Jinadasa said, adding that they could be dealt with under the criminal law, as well as the civil law, for damages caused.
The lawyer said so in response to The Island query where deliberate ‘actions,’ perpetrated during the protest campaign, that also involved trade unions affiliated to political parties, as well as other groups, such as Government Medical Officers’ Association (GMOA) and Federation of University Teachers Association (FUTA), be dealt with under current laws?
President Gotabaya Rajapaksa was forced out of office, in the second week of July last year. Subsequent violence destroyed the then Premier Ranil Wickremesinghe’s private residence at Kollupitiya. Altogether over 70 houses, belonging to incumbent members of Parliament, were set ablaze.
Asked to explain, the Attorney-at-Law said that FUTA, GMOA and other groups would say that they were involved in ‘Aragalaya’ to protect the rights of their members to safe and secure employment which was under threat due to the breakdown of industry and governance. They would justify their participation in the change of government on the basis of their right to protect the interests of the members.
Jinadasa, with over 28 years of experience specialises in Industrial Law, Constitutional Law, Administrative Law, Contract Law and Commercial Law.
“However, it would be pertinent to ask that though FUTA and GMOA participated in the protest campaign, is there any evidence directly implicating them in illegal activity at the point of the overthrow. It is only illegal activity that will attract punishment,” the outspoken lawyer said.
The Island
raised the issue with Manoli Jinadasa in the wake of her recent interview with Derana 24 in which the top lawyer dealt with ongoing trade union actions, primarily directed at the government and rights of both the employees and employers.
Responding to Derana interviewer Anuradhie Wickramasinghe, she stressed that strike is a legitimate weapon but should be the last option after all attempts to resolve a particular matter failed. Appearing on ‘Law, Land and Liberty,’ Jinadasa explained the nexus between trade unions and political parties represented in Parliament. Likewise, employers could resort to lockouts, Jinadasa said, underscoring the fact that the Supreme Court has upheld the right to strike.
“Strike is a legitimate weapon a trade union has. There is no doubt about it as much as a lockout for an employer. So, you have strike action for the employees and lockouts for the employer. That is how it goes, Jinadasa said.
Referring to ILO Conventions and comparing them with the relevant domestic laws and regulations, Jinadasa discussed the denial of trade union rights to judicial officers, armed forces, police and prison officers here. In terms of the ILO Conventions, Sri Lanka has ratified over the years, no one could be deprived of trade union rights though the situation on the ground is different, she said.
Having dealt with the origins of trade union activity, both here and abroad, Jinadasa asserted that the nature of trade union strategies had changed. She dealt with several specific issues, including the widely practiced ‘sick note campaign’
“Now the morality of that kind of strike is a subject matter for discussion because especially for professionals such as medical, legal or teaching professions. What we are doing is presenting a note which is false because you are not sick,” Jinadasa said. “It is the view even of the Supreme Court. There were judgments to the effect that submitting false medical certificates is not an acceptable form of a strike.”
Jinadasa recalled a judgment delivered by the late Justice Mark Fernando in respect of termination of employment over submitting of false medical certificates and going on ‘sick note campaigns’. The case referred to was Bandara vs Ministry of Lands. Fernando was quoted as having declared…”the President’s Counsel for petitioners contended with little enthusiasm that submitting false sick notes and medical certificates was a legitimate trade union action as part of the work to rule campaign. I have equally little hesitation in rejecting that contention. The court will not condone the conduct of an employee who lies or otherwise deceives his employer as to the reason for his failure to work whether individually or collectively.”
Jinadasa strongly questioned the despicable practice of teachers submitting false medical certificates against the backdrop of students having to prove valid reason in case they didn’t attend classes conducted by those who falsely fell sick. Such actions couldn’t be acceptable under any circumstances, she said, explaining the stand taken by courts as regards the deliberate reduction of output. Courts have held such actions illegal, she said. To highlight the illegality of such trade union strategies, Jinadasa recalled the fundamental rights action filed by the Joint Apparel Manufacturers Association against relevant trade union for bringing down the output by 60 percent. The court held in their favour, she said.
However, work to rule campaign is a legitimate form of trade union action, she declared.
Responding to another query, Jinadasa said that collective agreements facilitate better relations between employees and employers. Commenting on a person’s right to strike, Jinadasa, while referring to the late justice Sharvananda, said that he held that one couldn’t invoke fundamental rights for strikes. “One can invoke fundamental rights if he/she is prevented from joining a trade union, but not for strikes.” She gave several instances where courts have rejected such applications.
At present, El Niño conditions have developed and are classified as being at a weak level. Forecasts indicate a 63% probability of a very strong El Niño event developing during the period from November 2026 to January 2027. According to the National Oceanic and Atmospheric Administration (NOAA), there is approximately a one-third probability that El Niño will remain below a very strong intensity.
Typical Climatic Conditions Associated with El Niño
Based on analyses of past El Niño events that occurred between 1950 and 2025:
• Rainfall during July and August may be below normal, particularly in the dry zone areas.
• From October onward, rainfall is generally expected to be above normal.
• If a positive Indian Ocean Dipole (IOD) develops, enhanced rainfall conditions may continue until December.
Sectors Requiring Attention
• Appropriate measures should be taken for water resource management during July and August.
• Increased rainfall expected from October onward may lead to floods and landslides, requiring preparedness and close monitoring. The forecasts are important for sectors such as, Agriculture /Water management /Livestock /Health /Energy /Other climate-sensitive sectors
• Attention should be paid to official information issued by the Department of Meteorology.
Actions by the Department of Meteorology
The Department of Meteorology continuously monitors the evolving situation and issues:
• Weekly and monthly seasonal forecasts and Monthly analyses of rainfall data to monitor meteorological drought conditions.
As weather conditions are influenced not only by El Niño but also by other climatic factors, updated forecasts and advisories are regularly shared with relevant stakeholder organizations (Irrigation/ Water Management Committee /Department of Agriculture/National Building Research Institute/Disaster Management Centre (DMC)/Ministry of Health /Sri Lanka Land Development Corporation…etc). The Department also provides technical support to the committee established through a Cabinet decision to address climate-related impacts. The Department’s monthly rainfall outlook for July to September 2026 is attached
Monthly Rainfall Forecasts for July, August and September 2026
Month Rainfall forecast
July 2026
During July 2026, there is a higher probability of having near normal rainfall across most parts of the Western and Southern Provinces. The remainder of the country is expected to experience below normal rainfall.
August 2026
There is a higher probability of having below normal rainfall across most parts of the country during month of August 2026.
September 2026
There is a possibility of above-normal rainfall across most parts of the Western and Southern Provinces, while near-normal rainfall is expected in the Sabaragamuwa Province. Below-normal rainfall is likely in the remaining areas during September 2026.
Note: These long-range forecasts may change due to strong day-to-day atmospheric variability associated with the movement of weather systems such as atmospheric disturbances, low-pressure areas, and depressions, as well as intra-seasonal oscillations such as the Madden–Julian Oscillation (MJO). Therefore, in addition to the weekly and monthly forecasts, it is important to pay attention to the Department’s official announcements, weather advisories and warnings, as well as the daily weather forecasts issued by the Department of Meteorology.
Former External Affairs Minister Prof. G. L. Peiris yesterday (15) briefed the UN Resident Coordinator in Colombo, Marc-André Franche, on President Anura Kumara Dissanayake’s move to extend the retirement ages of the superior court judges and the delay in filling the vacancies in the Supreme Court and the Court of Appeal.
Prof. Peiris, the convenor of the People’s Joint Opposition, led the delegation that included UNP General Secretary and former Minister Thalatha Atukorale, former UPFA National List parliamentarian Suren Raghavan and ex- SLPP MP Premnath C. Dolawatta.
Having met the top official here, Prof. Peiris briefed the media on their decision to bring the developing situation to the notice of the UN.
Referring to the opposition of the legal fraternity to the NPP government’s plan, Prof. Peiris emphasised that the civil society, too, had opposed the politically motivated initiative.
Prof. Peiris said that instead of addressing the burning issues affecting the public, the government was creating new problems.
A week-long crackdown to begin in 11 districts
Hospitals are coming under mounting pressure as the country’s dengue epidemic gathers pace, with nearly 70,000 infections and 48 deaths reported so far this year, prompting health authorities to launch an intensive week-long mosquito control campaign in 11 districts.
The National Dengue Control Unit (NDCU) said 69,951 dengue cases had been reported by July 13, with 14,572 new infections recorded during the first 13 days of July alone. June saw the highest monthly caseload of the year, underlining the rapid spread of the mosquito-borne disease during the southwest monsoon.
Acting Director of the NDCU, Dr. Kapila Kannangara, warned that the hospital system was facing severe congestion due to the unprecedented influx of dengue patients.
“We are seeing an alarming increase in admissions. Hospitals are under tremendous pressure, and public cooperation is essential to bring the outbreak under control,” he said, announcing that a special one-week dengue control programme would be implemented across 11 high-risk districts.
Health authorities have identified 175 Medical Officer of Health (MOH) divisions as high-risk dengue zones. Public Health Inspectors will conduct inspections, eliminate mosquito breeding sites and initiate legal action against those maintaining mosquito-infested premises.
The Western Province continues to account for the largest share of infections, with Gampaha and Colombo among the worst-affected districts. Several hospitals are already operating beyond capacity as the number of admissions continues to climb.
Health officials attributed the surge to intermittent rains, poor waste disposal, stagnant water collections and inadequate community participation in vector control programmes.
The Ministry of Health has appealed to local authorities, schools, workplaces, religious institutions and households to inspect their premises regularly, clear blocked drains and roof gutters, cover water storage containers and remove discarded tyres, cans, bottles and other containers capable of collecting rainwater.
Medical experts urged the public not to ignore symptoms such as persistent fever, severe headache, pain behind the eyes, vomiting, abdominal pain and bleeding manifestations, stressing that early medical treatment is critical in preventing severe dengue and deaths.
Officials emphasised that eliminating mosquito breeding sites remains the single most effective way of controlling dengue, warning that unless communities actively participate, the outbreak could worsen during the ongoing rainy season.
With daily case numbers continuing to rise and hospitals struggling to cope, health authorities said the coming weeks would be crucial in determining whether the country can curb one of its worst dengue outbreaks in recent years.
By Ifham Nizam
Current El Niño Status in Sri Lanka
A few showers may occur in the Western, Sabaragamuwa and North-western provinces and in Kandy, Nuwara-Eliya, Galle and Matara districts.
Argentina face fine for Falklands banner in semi-final win
US launches fresh strikes on Iran as Trump warns Tehran it ‘better behave’
Govt. move to extend retirement ages of top judges: Opp. complains to UN
Dengue surge pushes hospitals to the brink as cases near 70,000
‘Dates have the highest sugar content to fight Coronavirus’
Sunday Island 27 December – Headlines
#SundayIsland 17th December – Headlines
Sunday Island – 28th March
Sunday Island Headlines – 21 March
Sunday Island – 21st February – Headlines
-
News6 days agoHerath warns prospective migrant workers not to get fleeced by racketeers
-
Features4 days agoPrison riots and politics: NPP’s biggest challenge and Sri Lanka’s biggest opportunity
-
Editorial5 days agoWhat’s the world coming to?
-
Foreign News6 days agoTensions erupt in Indian state after 11-year-old raped and murdered
-
Features6 days agoDevanesan Annan – in Memoriam
-
Editorial6 days ago
Punishment in hellholes
-
News7 days agoRepresentatives of the Organization of Professional Associations (OPA) of Sri Lanka meet the Prime Minister
-
Features1 day agoDirty Money