Connect with us

Midweek Review

Push against PTA gathers momentum

Published

on

Archbishop of Colombo Malcolm Cardinal Ranjith signs a petition demanding the abolition of the PTA. TNA lawmaker Rasamanikkam looks on.

In terms of the Ceasefire Agreement (CFA) arranged by Norway in Feb 2002, Sri Lanka suspended the Prevention of Terrorism Act (PTA). The then Premier Ranil Wickremesinghe went ahead with the controversial move, though some sections of the armed forces, and the police, opposed the move. Let me reproduce the relevant section from the CFA: 2:12: The parties agree that search operations and arrests under the Prevention of Terrorism Act shall not take place. Arrests shall be conducted under the due process of law in accordance with the Criminal Procedure Law.” The CFA failed to take concerns of the armed forces into consideration. Those who bent backwards to appease the LTTE neglected national security. The Yahapalana government sought to replace the PTA with a new antiterrorism act. Now, the HRCSL has gone further. It wants to do
away with the PTA. Well over a decade after the elimination of the LTTE, the threat of terrorism remains, though the enemy will never regain a conventional fighting capability. But those wielding
political power have to be cautious. Let us not grant something
the enemy couldn’t win militarily.

By Shamindra Ferdinando

Political weekly ‘Annidda’, on its front-page (Feb 20, 2022 edition), carried a photograph of Archbishop of Colombo Rt. Rev. Malcolm Cardinal Ranjith signing a petition demanding the abolition of the Prevention of Terrorism Act (PTA). Standing next to the Archbishop was Tamil National Alliance’s (TNA) Batticaloa district lawmaker Shanakiyan Rasamanikkam.

According to ‘Annida,’ the high profile signature campaign against the PTA has been spearheaded by the ‘Justice for All’ organisation.

The Archbishop signed the petition before the launch of ‘Thitha’ at the BMICH by Rev. Father Lal Pushpadeva Fernando on behalf of the Catholic Church. The editorial board comprised Maximus Linton Fernando, Dr. Sachitha Mendis and Ajith Mendis. The Catholic Bishops’ Conference in Sri Lanka assailed the current dispensation with the focus on Attorney General Sanjay Rajaratnam and the Attorney General’s Department over the handling of the 2019 Easter Sunday case.

Although absolutely no reference was made at the book launch pertaining to the acquittal and release of the then Secretary Ministry of Defence Hemasiri Fernando and IGP Pujith Jayasundera charged over the Easter Sunday carnage, to be fair by Rajaratnam, the public shouldn’t forget that the indictments were filed by former AG Dappula de Livera, PC. So will Hemasiri and Pujith go scot-free because of the bungling by the Attorney General’s Department?

The Church owed an explanation as regards its backing for the ‘Justice for All’ project meant to pressure the government to repeal the PTA. The project got underway opposite the Fort Railway station early last week with the participation of several political parties, including the TNA and the Sri Lanka Muslim Congress. Among those who signed the petition were TNA Jaffna district lawmaker M.A. Sumanthiran, PC and SLMC leader Rauff Hakeem.

Can Sri Lanka do away with anti-terrorism laws? The Easter Sunday carnage, perpetrated by the National Thowheed Jamaat (NTJ) in April 2019, a decade after the eradication of the Liberation Tigers of Tamil Eelam (LTTE), underscored the importance of anti-terrorism laws. Sri Lanka cannot, under any circumstances, ignore the constant threats posed by various extremist /terrorist organisations. The devastating NTJ terror project underscored the responsibility on the part of the government to ensure an adequate legal cover for anti-terrorist operations. Unfortunately, political parties here seemed to have treated national security just as a another political issue. Western powers have exploited the political party system and the civil society setup here to advance their cause. The PTA has become an ideal issue for the Western powers to hammer this country, even though countries like the USA and the UK have some of the most draconian laws to fight terrorism. The Homeland Security Act introduced in the USA in the aftermath of the 9/11 attacks that claimed several thousand innocent lives, for example gave law enforcement there a virtual carte blanche to tackle the problem of terrorism. How is it that the US can still hold people without trial for years at a place like Guantanamo Bay detention centre and the UNHRC simply turns a blind eye to so many such grave violations committed by the Americans there and elsewhere? Then how is it that when the UK passed laws to give immunity to its soldiers who had committed war crimes in West Asia again UNHRC simply swept them under the carpet. Then what has the UNHRC done about the highly publicised war crimes committed by Australian troops also in West Asia? The UK heads Sri Lanka Core Group in Geneva.

The ongoing petition campaign undertaken by the ‘Justice for All’ project underscores the failure on the part of the government to recognize the growing threat posed by the Geneva project. No wonder people keep asking whether our Foreign Service officers, in general, are working for us or Western interests. Do any of them at least write a letter even to a local newspaper defending the country when it is unfairly hounded by the Western funded NGO mafia here, leave alone them taking any measures to counter UNHRC doing a hatchet job against the country on behalf of the West.

The stepped up campaign to get rid of the PTA should be examined against the backdrop of the Easter Sunday carnage and various political developments taking place. The Cardinal’s backing for the ‘Justice for All’ project should be examined, carefully. Why did the Cardinal endorse the petition knowing well the PTA is needed to neutralize threats posed by extremists/terrorists? In the wake of the Easter Sunday carnage, the then government used the PTA against the NTJ and other groups. It might be a case of him getting increasingly carried away by the public spotlight. But, the deterioration of once cordial relations between the government and the Catholic Church over the former’s failure to implement the recommendations of the Presidential Commission of Inquiry (PCoI) that inquired into the Easter Sunday carnage may have influenced the Cardinal. The government cannot absolve itself of the responsibility for the rift caused by an inordinate delay in implementing PCoI recommendations. Interested parties have exploited the situation.

Shocking TNA declaration

The TNA is the only political party to justify the Easter Sunday carnage. TNA spokesperson Mathiaparanan Abraham Sumanthiran did so at the first anniversary of ‘Annidda’ at the Jasmine Hall, a week after the Easter Sunday massacre.

The writer was among the media therein. The event took place amidst security concerns of fresh NTJ attacks. However, except The Island, all other print and electronic media conveniently refrained from reporting lawmaker Sumanthiran’s threat. It was nothing but a threat.

In that background, the Church backing for the repealing of the PTA is certainly questionable. Having recognized the LTTE in late 2001 as the sole representative of the Tamil speaking people thereby encouraging the LTTE to declare war, the TNA is waging a different kind of war today.

Addressing the ‘Annidda’ anniversary, Sumanthiran alleged that the Easter Sunday carnage was caused by Sri Lanka’s failure to ensure certain basic values. The MP warned of dire consequences unless the government addressed the grievances of the minorities. At the onset of the programme, Annidda editor Attorney-at-Law K.W. Janaranjana requested speakers Prof. Jayadeva Uyangoda, the then Human Rights Commissioner Dr. Deepika Udagama, MP M.A. Sumanthiran PC, J.C. Weliamuna PC, and then Constitutional Council member Attorney-at-Law Javid Yusuf and filmmaker Asoka Handagama to take the Easter Sunday carnage into consideration. They dealt with the topic ‘Sri Lanka beyond 2020.’

Top law academic Dr. Udagama functioned as the Chairperson of the Human Rights Commission of Sri Lanka (HRCSL) at that time. Among those who had been present on that occasion were the late Professor Carlo Fonseka, former President Chandrika Bandaranaike Kumaratunga, then Speaker Karu Jayasuriya, then Minister Mano Ganesan, then MP. Dr. Jayampathy Wickramaratne, then MP Dr. Nalinda Jayatissa, one-time MP Lal Kantha and a large group of civil society activists, including Ven. Dambara Amila Thera, Gamini Viyangoda, Prof. Sarath Wijesuriya, Saman Ratnapriya, Chandragupta Thenuwara and Sandya Ekneligoda.

The Archbishop of Colombo, however, strongly rejected MP Sumanthiran’s claim that the failure on the part of successive governments to address the grievances of minorities over the past several decades had led to the Easter Sunday carnage. The Archbishop was responding to the writer at a media briefing jointly called by the Catholic Church and the Buddhist clergy at the Bishop’s House, Borella. The Buddhist clergy was represented by the Most Ven. Ittapane Dhammalankara Nayaka Thera, of the Kotte Sri Kalayani Samagri Dharma Maha Sangha Sabha of Siyam Maha Nikaya.

When The Island sought Malcolm Cardinal Ranjith’s response to lawmaker Sumanthiran’s claim, the Catholic leader asserted that the situation had been wrongly interpreted. But, the Church has ended up backing a TNA-led project. The PCoI never bothered to secure an explanation from the TNA heavyweight Sumanthiran. Terrorism cannot be justified under any circumstances. There shouldn’t be any dispute over that. The ‘Justice for All’ project perhaps has no concern for those who had perished in the hands of terrorists.

HRCSL takes controversial stand

The HRCSL caused quite a controversy recently by calling for the repealing of the PTA. In a statement dated Feb 15, issued by its Chairperson Rohini Marasinghe, the HRCSL declared that terrorism should be dealt in terms of the Penal Code. The five-member outfit stressed the need for a new definition for terrorism.

The HRCSL asserted that terrorism should be investigated under the General Law of the country with necessary amendments. The announcement was made following consultations between the HRCSL and a section of the Colombo-based diplomatic community. The consultations seemed to be in line with the overall government policy in dealing with post-war accountability issues. Those who propagated the view that Sri Lanka didn’t require PTA should be asked to explain whether they can guarantee there wouldn’t be any further terrorist attacks. The NTJ struck a decade after the successful conclusion of the war against the LTTE. The NTJ succeeded in carrying out a near simultaneous coordinated suicide bombing campaign. The LTTE never managed to stage a similar mission though it targeted individuals (both political and military).

Acknowledging the importance of the HRCSL role in the post-war scenario, it would be necessary to point out that the outfit has taken a position contrary to that of the government. The HRCSL’s push for repealing of anti-terrorism law comes as the government seeks consensus with other political parties and the civil society as regards the amendments to it suggested by the government.

Extremely tough security laws are required to meet severe challenges. Countries threatened by terrorism (domestic and backed by external powers) have no option but to adopt laws which sometimes hinder and undermine civil liberties. The PTA that had been introduced in 1979, a couple of years after the crushing of the first JVP-led insurrection was required to meet the northern terrorist challenge (1983-2009) as well as the second JVP insurgency (1987-1990). The PTA was required again when the NTJ mounted suicide missions in Colombo, Katana and Batticaloa. Now, an influential section of the political setup, Western-funded civil society outfits, the Tamil Diaspora wanted to do away with the PTA. The HRCSL backing for the far reaching project appeared to have caught the government by surprise. Perhaps, the government hasn’t consulted the HRCSL as regards the amendments it proposed to the PTA.

Interestingly, the civil society is also sharply divided over the ongoing consultations between the government and a section of the civil society as regards post-war national reconciliation. The group that had been engaged in a dialogue with the government recently received an opportunity to have one of its members in the HRCSL. Venerable Kalupahana Piyarathana Thera is the civil society group nominee. The Ven. Thera succeeded prominent civil society activist Harsha Kumara Navaratne, who received appointment as Sri Lanka’s High Commissioner to Canada.

The project to repeal the PTA seems to be gathering momentum. There is no point in denying the fact that successive governments, including the current dispensation, had used it for political expediency. Anti-terrorism law should never have been used against political opposition or to suppress those pursuing a different line. Instead of diluting the law, the political leadership shouldn’t exploit the PTA for political purposes.

Member of the nine-member team, tasked with drafting a new constitution, Manohara de Silva, PC declared that the HRCSL had absolutely no right to interfere in national security matters. The civil activist’s stand should receive the appreciation of people enjoying a country free of terror, notwithstanding the Easter Sunday carnage.

The senior lawyer said so when the writer sought his opinion on the HRCSL’s call for the abolition of the Prevention of Terrorism Act (PTA). The outspoken lawyer said: “That’s not their business. If there is any clause which is against any UN convention on human rights, including the UN declaration of HR, the HRCSL can point them out. Enacting legislation is a sovereign right of the people of Sri Lanka. Not only that we have a right to enact legislation against terrorism, it is our duty to do so to free the world of terrorism,” he said.

Referring to the HRCSL call to include provisions against terrorism in the Penal Code, the PC emphasized that the outfit had been obviously influenced by those who couldn’t stomach Sri Lanka’s triumph over LTTE terrorism.

Tamil Nadu terror project

The TNA and the GTF recently issued a comprehensive statement on its expectations and objectives. The statement titled ‘Chief Minister Stalin is heralding a new era of pride and optimism among global Tamils’ dated Feb. 18 sought the guidance and support from India and Tamil Nadu. Having published the entire joint statement in the Feb 21, 2022 edition of The Island, it would be necessary to highlight the circumstances leading to the assassination of one-time Indian Prime Minister Rajiv Gandhi at Sriperumbudur, Tamil Nadu, on the night of May 21, 1991.

Having praised CM Stalin’s father, the late TN Chief Minister M. Karunanidhi for his initiatives for the benefit of Sri Lankan Tamils, the TNA-GTF grouping stated: “We are also conscious that the DMK (Dravida Munnetra Kazhagam) support for the Tamil cause continued despite many challenges it faced in the Indian Union, including the dismissal of the DMK government in 1991 relating to the Tamil people’s problems in Sri Lanka.”

The alliance now seeking fresh impetus from India, has conveniently forgotten how Tamil Nadu, with the backing of the Indian government, destabilized Sri Lanka. The assassination of Gandhi by the LTTE, a group that had been trained, financed, armed and deployed against a smaller friendly country, took place a few months after India dismissed Karunanidhi’s government. India dismissed the TN administration on January 30, 1991. The LTTE blew up Gandhi on May 21, 1991. Did the LTTE decision to eliminate their one-time benefactor had been influenced by Karunanidhi’s dismissal? Had there been any consultations between DMK elements and the LTTE at any level as regards the Sriperumbudur assassination that shocked the world? Only thereafter the UK banished the Tiger International Secretariat from London. So the British too cuddled the terrorist outfit claiming that it had not violated UK laws. And they continue to do so through more subtle means. Can anyone imagine how London would have treated us if we had given the IRA an opportunity to even open an office in Colombo claiming they have not violated our laws?

The alliance’s reference to 1983 anti-Tamil riots and the late Karunanidhi’s role in support of the Tamil community here should be examined keeping in mind that it was no one but the current CM’s father who paved the way for the massive destruction in Sri Lanka. If not for Indian trained terrorists killing 13 soldiers at Thinnaveli, Jaffna, in July 1983, there would never have been a Nanthikadal situation. The TNA-GTF alliance has also forgotten how Indian trained terrorists killed Tamil lawmakers. They can ask lawmaker Dharmalingam Siddharathan (PLOTE) why he alleged TELO (another Indian trained terrorist group) of killing his father, V. Dharmalingham, ex-MP and M. Alalasunderam, ex-MP.

Dharmalingam Siddharathan has alleged that TELO assassinated them in early September 1985 at the behest of the Research and Analysis Wing (RAW). The TNA and the GTF should be reminded that Karunanidhi and decision-makers in New Delhi created an environment necessary for Indian military intervention. The project ended in disaster with India losing nearly 1,500 officers and soldiers as the LTTE turned its guns on the Indian Peace Keeping Force (IPKF) deployed here under the Indo-Lanka Accord forced on the JRJ government by New Delhi, while nearly twice that number received injuries.

Sri Lanka should at least now set the record straight. Successive governments failed to do so in spite of a section of the international community taking advantage of accountability issues to abolish Sri Lanka unitary status. The abolition of the PTA should be considered with the failed bid to introduce a new Constitution during the yahapalana administration. That bid had the backing of the then Joint Opposition, now the largest group in Parliament with a near 2/3 majority. The Sri Lanka Podujana Peramuna (SLPP) is its name.



Continue Reading
Click to comment

Leave a Reply

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

Midweek Review

Gotabaya’s escape from Aragalaya mob in RTI spotlight

Published

on

Crowds throng Janandhipathi Mandiraya after President Gotabaya Rajapaksa vacated the building on 9 July , 2022.

The Court of Appeal declared on 09 March, 2026: “On the facts currently before us, the application of the exemption contained in Section 5 (1) (b) (i) of the Act is unsustainable. There is a little logical connection between the requested statistics in this information request (that do not pertain to the personal details of individuals) and national security. We see that asserting that national security is at peril, is not a “blanket or unreviewable justification” for withholding information. It should be noted that any restriction must be strictly necessary, proportionate, and supported by a “demonstrable risk of serious harm to the State.” In the case in hand, the Petitioner failed to establish a clear nexus between the disclosure of naval voyage expenditures and any genuine prejudice to national security under Section 5(1)(a) of the Right to Information Act. In the absence of specific evidence, the reliance on security is characterised as a “generalised assertion or mere assertion” cannot be a panacea, we hold it is insufficient to meet the statutory threshold.”

By Shamindra Ferdinando

The deployment of SLNS Gajabahu (P 626), an Advanced Offshore Patrol Vessel (AOPV), on the afternoon of 09 July, 2022, to move the then President Gotabaya Rajapaksa, being pursued by a violent aragalaya mob, to safety, from Colombo to Trincomalee, is in the news again.

The issue at hand is how much the deployment of the vessel cost the taxpayer. In response to the Right to Information (RTI) query, the Navy has declined to reveal the cost of the AOPV deployment, or those who were given safe passage to Trincomalee, on the basis of national security.

SLNS Gajabahu, formerly USCGC Sherman (WHEC-720), a United States Coast Guard Hamilton-class high endurance cutter, was transferred to the Sri Lanka Navy on 27 August, 2018, at Honolulu. The vessel was recommissioned 06 June, 2019, as SLNS Gajabahu (P626) during Maithripala Sirisena’s tenure as the President. (Last week, US Special Envoy for South and Central Asia, Sergio Gor, who was here to deliver a message to President Anura Kumara Dissanayake, in the company of Navy Chief of Staff Rear Admiral Damian Fernando, visited SLNS Gajabahu, at the Colombo port.)

What would have happened if the then Navy Chief, Vice Admiral Nishantha Ulugetenne (15 July, 2020, to 18 December, 2022) failed to swiftly respond to the threat on the President? Those who spearheaded the violent campaign may not have expected the President to flee Janadhipathi Mandiraya, as protestors breached its main gates, or believed the Navy would intervene amidst total collapse of the ‘ground defences.’ Ulugetenne accompanied the President to Trincomalee. Among the group were the then Brigadiers Mahinda Ranasinghe and Madura Wickramaratne (incumbent Commanding Officer of the Commando Regiment) as well as the President’s doctor.

The circumstances leading to the President and First Lady Ayoma Rajapaksa boarding SLNS Gajabahu should be examined taking into consideration (1) the killing of SLPP lawmaker Amarakeerthi Atukorale and his police bodyguard Jayantha Gunawardena by an Aragalaya mob, at Nittambuwa, on the afternoon of 09 May, 2022 (2) the Army, deployed to protect Janadhipathi Mandiraya, quite rightly refrained from firing at the violent mob (3) efforts made by the top Aragalaya leadership to compel the then Premier Ranil Wickremesinghe to quit. Subsequently, it emerged that pressure was brought on the President to remove Wickremesinghe to pave the way for Speaker Mahinda Yapa Abeywardena to become the President and lastly (4) arrest of Kegalle SSP K.B. Keerthirathna and three police constables over the killing of a protester at Rambukkana on 19 April, 2022. The police alleged that they opened fire to prevent a violent mob from setting a petrol bowser, barricaded across the railway line there, ablaze.

Now, swift action taken by the Navy, under extraordinary circumstances to prevent possible threat on the lives of the President and the First Lady, had been challenged. The writer felt the need to examine the evacuation of the President against the backdrop of an attempt to compare it with President Wickremesinghe’s visit to the University of Wolverhampton in September, 2023, to attend the awarding of an honorary professorship to his wife Prof. Maithri Wickremesinghe.

The 09 July intervention made by the Navy cannot be, in any way, compared with the public funds spent on any other President. It would be pertinent to mention that the President, fleeing Janadhipathi Mandiraya, and the withdrawal of the armed forces deployed there, happened almost simultaneously. Once a collective decision was made to vacate Janadhipathi Mandiraya, they didn’t have any other option than rushing to the Colombo harbor where SLNS Gajabahu was anchored.

Overall defences in and around Janadhipathi Mandiraya crumbled as crowds surged in the absence of an effective strategy to thwart them. As we recall the law enforcers (both military and police) simply did nothing to halt the advance of the mob right into Janadhipathi Mandiraya, as people, like the then US Ambassador Julie Chung, openly prevailed on the hapless administration not to act against, what she repeatedly termed, ‘peaceful protesters’, even after they, in a pre-planned operation, meticulously burnt down more than hundred properties of government politicos and loyalists, across the country, on 9/10 May, 2022. So they were, on the whole, the proverbial wolves in sheep’s clothing working with the Western regime change project here as was previously done in places like Libya and Iraq and more recently in neighbouring countries like Pakistan, Bangladesh and Nepal to install pliant governments.

After the 9/10 incidents, President Rajapaksa replaced the Commander of the Army, General Shavendra Silva, with Lt. Gen. Vikum Liyanage.

RTI query

M. R. Ali of Kalmuinai, in terms of Section 34 of the Right to Information Act No. 12 of 2016 (read with Article 138), has sought information, in September 2022, regarding the deployment of SLNS Gajabahu. The Navy rejected the request in November 2022, citing Section 5(1)(b)(i) of the RTI Act, which relates to information that could harm national security or defence. Obviously, the release of information, sought by that particular RTI, couldn’t undermine national security. No one can find fault with Ali’s decision to appeal to the RTI Commission against the position taken up by the Navy.

Following hearings in 2023, the Commission issued a split decision on 29 August, 2023. The RTI Commission upheld the Navy’s refusal to disclose items 1 through 5 and item 8, but directed the Navy to release the information for items 6 and 7, specifically, the cost of the travel and who paid for it.

However, the Navy has moved the Court of Appeal against the RTI directive to release the cost of the travel and who paid for it. Having examined the case in its entirety, the Court of Appeal held that the Navy, being the Public Authority responsible for the deployment of the vessel, had failed to prove how they could receive protection under 5(1)(b)(i) of the Right to Information Act. The Court of Appeal affirmed the order dated 29/08/2023 of the Right to Information Commission. The Court dismissed the appeal without costs. The bench consisted of R. Gurusinghe J and Dr. Sumudu Premachandra J.

There hadn’t been a similar case previously. The Navy, for some strange reason, failed to highlight that the failure on their part to act swiftly and decisively during the 09 July, 2022, violence that directly threatened the lives of the President and the First Lady, thwarted a possible catastrophic situation.

The action taken by the Navy should be discussed, taking into consideration the failure on the part of the Army and Police to save the lives of MP Atukorale and his police bodyguard. No less a person than retired Rear Admiral and former Public Security Minister Sarath Weerasekera alleged, both in and outside Parliament, that the Army failed to respond, though troops were present in Nittambuwa at the time of the incident. Had the Navy hesitated to evacuate the President and the First Lady the country may have ended up with another case similar to that of lawmaker Atukorale’s killing.

The Gampaha High Court, on 11 February, 2026, sentenced 12 persons to death for the killing of Atukorale and his security officer Gunawardena.

Let me stress that the costs of presidential travel have been released in terms of the RTI Act. The deployment of SLNS Gajabahu, at that time, has to be examined, taking into account the eruption of Aragalaya outside President Rajapaksa’s private residence at Pangiriwatte, Mirihana, on the night of 31 March, 2022, evacuation of the resigned Prime Minister Mahinda Rajapaksa from Temple Trees, after protesters breached the main gate on 10 May, 2010, and the JVP/JBB-led attempt to storm Parliament on 13 July, 2022. Mahinda Rajapaksa and wife Shiranthi took refuge at the Trincomalee Navy base, chosen by Gotabaya Rajapaksa as sanctuary a few months later.

US Ambassador Julie Chung tweeted that Washington condemned “the violence against peaceful protestors” and called on the Sri Lankan “government to conduct a full investigation, including the arrest and prosecution of anyone who incited violence.”

The US fully backed the violent protest campaign while the direct involvement of India in the regime change project later transpired. As far as the writer is aware, this particular request is the only RTI query pertaining to Aragalaya. Evacuation of Mahinda Rajapaksa took place in the wake of a foolish decision taken at Temple Trees to unleash violence on Galle Face protesters, who were also besieging Temple Trees.

Defence Secretary retired General Kamal Gunaratne told a hastily arranged media conference that the former Prime Minister was at the Naval Dockyard in Trincomalee. The media quoted him as having said: “He will be there for a few more days. We will provide him with whatever security he needs and for as long as he wants.” Mahinda Rajapaksa remained in Trincomalee for over a week before attending Parliament.

Navy’s dilemma

Gotabaya

At the time information was sought under the RTI Act, Ulugetenne served as the Commander of the Navy. Vice Admiral Priyantha Perera succeeded Ulugetenne on 18 December, 2022. Following VA Perera’s retirement on 31 December, 2024, President Anura Kumara Dissanayake brought in the incumbent Kanchana Banagoda, as the 26th Commander of the Navy.

On the basis of the RTI query that dealt with the deployment of SLNS Gajabahu to evacuate President Gotabaya Rajapaksa and First Lady Ayoma, one can seek information regarding the expenditure incurred by Air Force in flying Mahinda Rajapaksa and his wife from Colombo to Trincomalee and back, as well, as Gotabaya Rajapaksa, his wife and two bodyguards leaving the country on Air Force AN 32 on 13 July, 2022. On the following day, they flew to Singapore on a Saudi flight.

Ali, in his representations, stressed that his objective hadn’t been to determine the legality of the Navy’s actions but to exercise his right as a citizen and taxpayer to oversee public spending. He questioned the failure on the part of the Navy to explain as to how revelation of specific information would “directly and reasonably” harm national security. In spite of the RTI Commission directive, the Navy refrained from answering two specific questions as mentioned by justice Dr. Sumudu Premachandra. Question number (6) How much money did the Sri Lanka Navy spent for the travel of former President Gotabhaya Rajapaksha in this ship? And (Question 7) Who paid this money? When did they pay?

Both the RTI Commission and Court of Appeal quite rightly rejected the Navy’s position that the revelation of cost of the deployment of vessels poses a significant threat to national security. That claim was based on the assertion that such financial data could allow third parties to calculate sensitive operational details, such as a ship’s speed, fuel consumption, and operational range. The Navy claimed that the disclosure of sensitive information could reveal supply dependencies, logistics constraints, and fueling locations, making the vessels vulnerable to sabotage or economic warfare.

The Navy sought protection of RTI Act’s section 5(1)(b)(i). Following is the relevant section: “(b) disclosure of such information– (i) would undermine the defence of the State or its territorial integrity or national security;”

The Navy appears to be in a bind over the RTI move for obvious reasons. With the ultimate beneficiary of Aragalaya at the helm, the Navy would find it extremely difficult to explain the circumstances SLNS Gajabahu was deployed against the backdrop of direct threat on the lives of the then incumbent President and the First Lady. The truth is desperate action taken by the Navy saved the life of the President and his wife. That is the undeniable truth. But, the current political environment may not be conducive to say so. What a pathetic situation in which the powers that be lacked the courage to lucidly explain a particular situation. As stressed in the Supreme Court judgment of November 2023, the Rajapaksa brothers – including two ex-Presidents – were guilty of triggering the country’s worst financial crisis by mishandling the economy.

In a majority verdict on petitions filed by academics and civil rights activists, a five-judge bench ruled that the respondents, who all later resigned or were sacked, had violated public trust. The regime change project took advantage of the attack ordered by Temple Trees on 09 May, 2009, on Galle Face protesters, to unleash pre-planned violence on ruling party politicians and loyalists.

If not for the courageous decision taken by Prime Minister Ranil Wickremesinghe, in spite of his private residence, at Kollupitiya, being set ablaze by protesters on the night of 09 July, 2022, to order the military to thwart the JVP/JJB march on Parliament, two days later, and evict protesters from Galle Face soon after Parliament elected him the President on 20 July, 2022, saved the country from anarchy. Although Wickremesinghe, without restraints, encouraged Aragalaya, he quickly became the bulwark against the anti-State project that threatened to overwhelm the political party system.

Obviously, during Wickremesinghe’s tenure as the President, the SLPP, that accommodated the UNP leader as the Head of State, appeared to have turned a blind eye to the RTI query. Had the SLPP done so, it could have captured public attention, thereby making an attempt to influence all involved. In fact, the case never received media attention until journalist and Attorney-at-Law Nayana Tharanga Gamage, in his regular online programme, dealt with the issues at hand.

Before leaving Janadhipathi Mandiraya, the President has warned the military top brass, and the IGP, to prevent the destruction of the historic building. However, no sooner, the President left, the military top brass vacated the building leaving protesters an easy opportunity to take control. They held Janadhipathi Mandiraya until Gotabaya Rajapaksa resigned on 14 July 2022 to pave the way for Ranil Wickremesinghe to become the President.

It would be pertinent to mention that President Gotabaya Rajapaksa only moved into the Presidential Palace (Janadhipathi Mandiraya) after massive protest outside his Pangiriwatte private residence on 31 March, 2022, underscored his vulnerability for an attack.

Continue Reading

Midweek Review

Village tank cascades, great river quartet and Cyclone Ditwah

Published

on

This past November and December Ditwah showed us how dark, eerie and haunting catastrophes cyclones can be. Past generations have suffered as shown in 1911, the Canberra Times reporting the great flood of Ceylon on December 30 of that year. It killed 200 people and left over 300,000 homeless. Half century later, on December 25, 1957, a nameless cyclone brought severe rain to the North Central Province (NCP), and the Nachchaduwa reservoir breached, unloading its full power of volume into Malwatu Oya, a mid-level river flowing through the city of Anuradhapura, nearly washing away its colonial-era bridge near the Lion Tower. A cyclone paid a visit to the Eastern Coast of Sri Lanka on November 17-23, 1978.

Half a century later, Ditwah came with swagger.

Quartet of Rivers

Cyclone Ditwah unleashed disaster and tragedy, terrorising every breath of hundreds of thousands of people. These cyclones come spaced by a generation or two. How the Great River Quartet of Mahaweli, Kelani, Kalu, and Walawe, and their attendant mid-level streams, behaved before Ditwah masks the reality that they are not the loving and smiling beauties poets claim them to be. During the Ditwah visit, our river Quartet showed its true colours in plain sight when wave after wave of chocolate rage pushed uprooted forests creasing islands of floating debris and crashed onto bridges, shattering their potency into pieces. These rivers are nothing more than a bunch of evil reincarnations cloaked in ruinous intentions.

The River Quartet and its mates woke up to the first thunder of Ditwah. They carried away villages, people, property, herds of cattle, and wild elephants to the depths of the Indian Ocean. While we continue to dig out the dead buried in muddy mountainsides, dislodged from their moorings during this flood of biblical proportions, how our rivers, streams, and, particularly, the village tanks handled the pressure on their own will be the core of many future discussions.

The destruction and tragedy caused by this water hurt all of us in many ways. But we all wish they were only a fleeting dream. Sadly, though, the real-life sight of the pulverised railway bridge at Peradeniya is not a dream. This section of the rail line was stripped of its modesty and laid bare. It hung in the air, literally, like strands of an abandoned spider’s web on a wet Kandyan morning. It was a reminder to us that running water is a masked devil and should not be considered inviting. It can unleash the misery with a chilling ending no one wants to experience in a lifetime.

Tank Cascade Systems (TCS)

Although the Ditwah cyclone covered Sri Lanka from top to bottom with equal fury, the mountainous areas and floodplains of our River Quartet surrendered soon. However, the village tanks in the Dry Zone – Northern, North Central, Northeast, and Eastern provinces – weathered that onslaught, sustaining only manageable damage. They collectively mitigated the damage caused by over 200 mm of rain that fell across the catchment areas they represented. Thus, the tank, the precious possession of the village, deserves to be titled as a real beauty.

Let me introduce the village tanks systems our engineering ancestors built with sophistication and ingenuity, a force like Ditwah hardly made a dent in groups of these tanks called Tank Cascade Systems (TDS). Many of the village tanks in the Dry Zone, covering 60% of Sri Lanka’s land area, stand in groups of TDS, separated as individual bodies of water but sharing water from one or more dedicated ephemeral streams. R.W. Ievers, the Government agent for North Central Province in the 1890s, noted that these tanks were the result of “one thousand years of experiment and experience,” and “ancient tank builders took advantage of the flat and undulating topography of the NCP to make chains of tanks in the valleys.” Colonial Irrigation Engineers of the early 20th century also recognised this uniqueness. Still, they could not connect the dots to provide a comprehensive definition for this major appurtenance of the village.

Although these tanks appear to be segregated ecosystems, a closer look at the peneplain topographic map of Sri Lanka shows that each stream feeding them ultimately flows into a larger reservoir or river, jointly or independently influencing the mechanics of regional water use and debouching patterns. This character is the spirit of the dictum of King Parakramabahu centuries earlier: “let not a single drop of water go to waste into the sea without being used by people.” Villagers knew that each tank in their meso-catchment area was related to other tanks on the stream it was in ensuring maximised use of water.

With their embodied wisdom, our ancestors centuries ago configured the placement of individual tanks that shared water from a catchment area. But not until 1985, following a careful autopsy of the pattern of these small tanks in the Dry Zone, Professor Madduma Bandara noticed a distinctive intrinsic relationship within each group of tanks. He called a group of such tanks a Cascade of Tanks. He wrote, “a (tank) cascade is a connected series of tanks organized within a micro-catchment of the Dry Zone landscape, storing, conveying, and utilising water from an ephemeral rivulet.” In short, it is a “series of tanks located in succession one below the other.” Dr. M.U.A. Tennakoon shared the names of the villagers in Nuwarakalaviya used for this configuration of tanks: Ellangawa. On a map, these tanks appear as hanging on a string. Thus, Ellangawa can be a portmanteau, a blend, of these two words.

There are over 475 such cascading tank groups in the Dry Zone. On average, each cascade typically supports four tanks. One cascade, Toruwewa, near Kekirawa, has 12 tanks. According to Professor Madduma Bandara, a cascade of tanks held about 20-30% of the water falling on its catchment area. As I will show later in this essay, the tank cascades behave like buddies in good times and bad times. By undertaking to build a vascular structure to collect, conserve, and share water with communities along the stream path, our ancestors forewarned of the consequences of failing to undertake such micro-projects where they chose to live. The following are a villager’s thoughts on how to retool this concept to mitigate the potential for damage from excess water flow in a larger river system.

To villagers, their tank is royalty. Its water is their lapis lazuli. Therefore, they often embroidered the title of the village with the suffix wewa (tank) or kulam (tank, in Tamil), indicating the close connection between the two. It is the village’s foremost provider and is interdependent. That is why we have the saying, “the village is the tank, and the tank is the village.”

A study in 1954/55 found that there were 16,000 tanks in Sri Lanka, of which over 12,500 were operational. Out-of-commission tanks were those that fell into disuse after the original settlers abandoned them for a host of reasons, such as a breach in the bund, fear of plague or disease, or superstition. Collectively, they supply water to an area larger than the combined area of the fields served by the major irrigation reservoirs in the country at the time.

In some villages, an additional tank called olagama, with its own acreage of fields, receives water from the same stream or from another feeder stream which joins the principal stream above or below the main tank. In the event the main tank is disabled, often the olagama tank can serve as the alternate water source for their fields.

Cultural and Engineering

A graphical representation of the tank cascade system. Image courtesy of IUCN Sri Lanka.

A tank cascade is also an engineering undertaking. But village tank builders were not engineers with gold-trimmed diplomas. They were ordinary folks, endowed with generations of collective wisdom, including titbits on the physics of water, its speed, and its cruelty. Village pioneers responsible for starting the construction of the tank bund, gam bendeema, placed the first lump of earth after marking off home sites, not immediately below the future bund, but slightly towards one end of it, in the area called gammedda, or the elevated area the bund links to, gamgoda.

Engineering of a tank cascade has a cultural underpinning. It is founded on the feeling of solidarity among the villages along an ephemeral stream. In practice, it was a wholesome area with small communities of kin below each tank sorting out their own affairs without much intervention of the ruling class. For example, during heavy rains, each village in the chain communicated with the villages below the volume in its tank and the projected flow of the stream. When the tank reached its capacity and water began to spill over the spillway, the village below must take measures to protect its tank bund. If it breached, villagers up and down the cascade helped each other repair it.

They were aware that an earthen dam was susceptible to failure, so they used their own town-planning ideas. They avoided building residential zones directly under the stream’s path, generally at the midpoint of the dam. Instead, they built their triumvirate of life – tank, field, and dagoba (stupa) – keeping safety and practicality in mind. Dagoba was always on a higher ground, never supported by beams on a stream bank like what Ditwah revealed recently. We now know what happens to dagobas built on sagging beams by deceptively serenading riverbanks when thunder waters and unworldly debris came down hand in hand.

From top to bottom, the Tank Cascade showed the engineering instinct of the builders and accessory parts that helped its smooth functioning. There was the Olagama and Kulu Wewa associated with a system. Tank builders had an idea of the volume of water a given stream would bring in a year. In conjunction with this, the bunds of the Olagama and Kulu Wewa are built small. In contrast, the bunds of the tanks that formed the lower rung of the cascade are relatively larger. The idea behind this was that, in the event of a breach in an upstream tank, the downstream tanks could withstand an unexpected influx of water.

During the Ditwah’s death dance, the Mahaweli River did not have this luxury as it marched downstream from Kotmale dam. There were not enough dams to tame this river, and its beastly nature was allowed to run wild until it was too late for many.

The embodied imprints of experience inherited from their ancestors’ helped villagers design the tank’s physical attributes. In general, a tank supplied by this stream had a dam of a size proportional to the amount of water it could store for the fields. Later, as the village added families and field acreage increased, villagers raised the bund and the spillway to meet increased storage capacity. This simple practice guarded against eventualities like uncontrollable floods between villages. Excess water was allowed to flow through the sluice gate and the spillway, reducing the pressure on the bund. Had we applied this fundamental practice on a proportional scale to a large stream, i.e., oya or river, it would have lessened the destruction during a major rainstorm, ilk of which Ditwah brought.

With my experience living in a village with its tank, part of a TCS of five tanks, I wish large rivers like the Mahaweli had a few small-scale dams or partial diversions mimicking a rudimentary TCS so that the Railway Bridge at Peradeniya could have avoided the wrath of hell and high-water bringing muck and debris along its 46 km descent from Kotmale, where its lone dam is. I am glad I have company here. Professor Madduma Bandara noted 40 years ago, “much water flows through drainage lines due mainly to the absence of a village tank-type storage system.” Mahaweli turned out to be that drainage line this past November, holding hands, sadly, though, jubilantly, with the designs of Ditwah. Recently, former Head of Geo-Engineering at Peradeniya University, Udeni Bandara Amarasinghe, highlighted the importance of building reservoirs on other rivers to control floods like those we experienced recently.

Check Dams & Macroscopic Control

Within the TCS, the check dams, Kulu Wewa or Kele Wewa – forest tanks above a working tank held back sediments generated by upstream denudation. They controlled the volume and water entering the main tank. Kulu Wewa provided water for wild animals and checked their tendency to raid crops below the main tank. The difference between Kulu Wewa and Olagama was that, because of its topographical location, Kulu Wewa was occasionally used as a source of water for crops when the main tank below it became inoperable due to a breach or was undergoing repairs or used up its water early.

Based on these definitions, each working tank in the TCS also acted like a check dam for the one below it. Furthermore, if a tank in the cascade ran out of water, other tanks in the cascade stepped in. They linked up with the tanks above through temporary canals made by extending an existing minor canal, wella, or the wagala, excess water pan, of an upstream field.

The tank bund tamed and kept in check the three attributes of a stream – water velocity, volume, and its destructive power. By damming the stream, the villagers broke fueling momentum of it. They rerouted it via the spillway at the end of the bund, a form of recycling. Water from some spillways is diverted along a large niyara-like (field ridge) lesser dam, built along the wanatha (flanks) of the field, until it empties into the atrophied stream below the field.

Simultaneously, by controlling the release of water through two sluice gates on the bund, goda and mada horowwa, and directing it to the two flanks of the field, ihala and pahala wanatha, villagers succeeded in tamping down the pressure on the bund. Water from the neutered stream is thus redirected from all three exit points. It must now continue its journey along the wagala, to which field units (liyadi) also empty their excess water. This water is called wel pahu wathura.

After going through this process, the momentum of the ephemeral stream water is passive by the time it reaches the tanks in the lower parts of the cascade, often a kilometer or two downstream. This way, a line of tanks along the stream’s axis now shares the responsibility of holding back its full potential, limiting its ability to cause damage.

Such a break of momentum was lacking in the Four Great River Quartet and their lesser cousins. For the long-term solution to prevent damage from future cousins of Ditwah, we must consider this ingenious water-control method for rivers on a macroscopical scale.

Reservoirs

1957 and 2025 Cyclones Flood Marks written above window and below on the wall of a house by the banks of the Malwatu Oya in Anuradhapura.

As Ditwah-type floods occurred in 1911, 1957, 1978, and 2025, with a bit of luck, we can expect to have a few more decades of recess to work on cascading edifices along rivers, such as dams or diversions, before the next flood comes with roguish intentions. The Accelerated Mahaweli Diversion Program (AMDP), started in 1978, took 30 years to complete and now has over a dozen reservoirs between Kandy and the Dry Zone coastal belt, holding back its might. These reservoirs held their ground while Ditwah rained hell, so consulting the TCS’s ingenuity, though seems antiquated, is a good investment.

As soon as Cyclone Ditwah began to make noise, word spread that releasing water from a few of them on the Mahaweli and Kelani rivers could have made a difference. The problem with the Kelani River basin in Western Province and the Mahaweli basin in Central Province above Kandy is that, despite their combined population being nine times that of the NCP, they only have six reservoirs. On the contrary, the NCP has twice as much in the lower Mahaweli River basin, built under the AMDP. Furthermore, the NCP also has many ancient reservoirs it inherited from our ancestors. A string (cascade) of large reservoirs or minor dams in the hill country could have helped break the river’s energy which it accumulated along the way. G.T. Dharmasena, an irrigation engineer, had already raised the idea of “reorienting the operational approach of major reservoirs operators under extreme events, where flood control becomes a vital function.”

Unique Epitaphs for the Cyclones

The processes discussed above could have prevented the destruction of the railway track at the Peradeniya bridge, the image of which now stands like a pictorial epitaph to the malicious visit of the Ditwah and a reminder to us, “what if…?” or “what next…?”

As mentioned at the beginning of this essay, when the 1957 Cyclone dropped heavy rain on the NCP, a Railway Department employee at Anuradhapura made an exceptional effort to keep the memory of that saga for posterity with an epitaph still visible 70 years later. This person memorialised his near escape from the Malwatu Oya flood. As the river roared past over the railing of the bridge near the Lion Pillar roundabout, this employee, probably trapped in his two-storied house near the roundabout, day-stamped the visit of the flood with a red line on the wall of his house to mark the height it reached to trap him.

Three meters from the ground, right between two archtop windows facing the road to Sri Maha Bodhi, he wrote, “Flood level” in Sinhala, Tamil, and English. Right below it, at the end of the faded line, he added, “1957-12-25.”

As Cyclone Ditwah came along, the current resident of the house was not going to break this seven-decade-old tradition. After the flood receded this time, this duty-bound resident drew a line in blue ink and wrote at its end, ‘2025-11-28’, his contributing epitaph reminding us of infamous day Ditwah showed her might by driving the river off its banks. (See picture)

He added a coda to his epitaph – the numeral “8” in 28 is written in bold!

Lokubanda Tillakaratne is the author of Rata Sabhawa of Nuwarakalaviya: Judicature in a Princely Province – An Ethnographical and Historical Reading (2023).

by LOKUBANDA
TILLAKARATNE

Continue Reading

Midweek Review

Whither Honesty?

Published

on

In the imperiled IOR’s ‘Isle of Smiles’,

The vital ‘National Honesty Week’,

Has sadly gone unobserved,

In an unsettling sign of our times,

That honesty is no longer the best policy,

For neither smooth-talking rulers,

Taking after posh bourgeois predecessors,

Nor perhaps sections of the harried ruled,

Now sensing tremors of a repeat implosion.

By Lynn Ockersz

Continue Reading

Trending