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Post-war national reconciliation: Austin questions govt. strategy, lambasts doublespeak

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One-time Defence Secretary and former Secretary to President Maithripala Sirisena Austin Fernando says having repeatedly undermined previous efforts meant to reach consensus with civil society and Tamil Diaspora, the incumbent dispensation seems to be following the yahapalana strategy.

Fernando said that the current strategy should be examined against the backdrop of the Pohottuwa administration’s much touted pullout from the Geneva process several months after the last presidential election in Nov 2019.

Referring to front-page report titled ‘Prof. Peiris denies Geneva sessions influenced their Jaffna visit’, Fernando, who had also served as Sri Lanka’s High Commissioner in New Delhi has sent the following response: “On the basis of the report on visit to Jaffna undertaken by ministers, Prof. Peiris and Ali Sabry, PC, it appears the ministers are doing ‘needs assessments.’ According to some sections of the media, the President had not met the TNA and other Tamil parties or the Diaspora, (unless stealthily in Yugadanavi syle!!!) having promised such consultation at the UNGA and to UNSG. If the President meets them at least now he will hear the needs from one Tamil group. Therefore, the question is ‘why this ‘mighty indecent hurry’ of ministers, when the President has no hurry?’ No wonder people interpret at their will!

The OMP and RO were legalised by the Yahapalanaya. The credit goes to President Sirisena, PM Wickremesinghe, and late Minister Mangala Samaraweera. I cannot understand why the Yahapaalanaya does not react to statements by these Ministers. Piggybacking on them now by incumbent ministers looks as eyewash. I am disturbed as a team member who worked to establish these mechanisms. Now kudos are to Ministers Pieris and Sabry! Another Pieris- Saliya -Chirman of OMP- went to the people in the north and did what Prof. Pieris does now. Additionally, in 2020 Minister Dinesh Gunawardena withdrew from the UNHRC Resolution 30/1 on a Cabinet decision, and Ministers Pieris and Sabry of the same Cabinet now hang on to by-products of 30/1 – the OMP and RO, to which they cannot have allegiance after the quoted withdrawal. If they wish, they can tag all these as flowing from Mahinda Rajapaksha era 11/1 UNHRC Resolution of 26th May 2009!

We know that the Yahapalanaya wished to have a TRC. I was on a committee that worked on it. A Cabinet Memo for a TRC was submitted by PM Ranil Wickremesinghe on 18th October 2018, and the Constitutional Coup happened. Hence it was probably not considered by ‘the 52- Day, SC decided illegal government.’ and thrown away to the dustbin. For two years they slept over it, and suddenly after the deepest slumber now indicate the appropriateness of it! Are they joking or really do not know what happened in the past? One need not employ rocket science to restart the process. Ask Lalith Weeratunga and Gamini Senarath, I know for certain they have the capacity to prepare the papers for the next Cabinet. It will add more marks in Geneva too! The problem is the government needs the will only.

Non-recurrence was a separate “Pillar of reconciliation” to be achieved through constitutional means which was followed by a Parliamentary Select Committee. An Interim Report is available. There were six sub-committees. Bandula Gunawardane, Susil Premajayantha, and D Siddhaarthan did work on Finance, Public Administration, and centre-periphery relations respectively. What happened to those reports done by present Pohottuwa members, plus one TNA member? Politicians have bungled the relationships, and now they seem to be trying to repair- in technical terms ‘integrate’! That too is on a wrong footing, without continuity.

Mere eyewash! Let these people be serious about reconciliation. It matters to the total population, whole country, at a very difficult time. On top of the economic crisis, let us not be dragged into sanctions or other international crises.”



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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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