News
Sabry questions rationale behind Ravi, Shani supervising Easter Sunday carnage probe after filing FR petitions to prevent their own arrest over same terror attacks
President’s Counsel Ali Sabry has told the Court of Appeal that two respondents in a petition filed by Col. Kelum S. Maddumage to prevent his arrest in connection with the ongoing 2019 Easter Sunday carnage investigation––namely, Public Security Ministry Secretary Ravi Seneviratne (retired SDIG) and retired CID Director Shani Abeysekara–– had previously filed fundamental rights petitions in the Supreme Court to prevent their own arrests over the same attacks.
Sabry pointed out that the Attorney General had given an undertaking to the Supreme Court, on 20 October, 2024, that Seneviratne and Abeysekera wouldn’t be arrested.
Sabry said so appearing for Col. Maddumage, formerly of the Directorate of Military Intelligence (DMI) and current Commanding Officer of the Diyatalawa Military Academy.
The Court of Appeal extended the interim injunction against the arrest of Col. Maddumage till 11 November. The two-judge bench, consisting of Court of Appeal President Justice Rohan Abeysooriya and Justice Priyantha Fernando, issued the order on Tuesday (21) after having considered a writ petition filed by the ex-DMI officer.
Deputy Solicitor General Suharshi Herath, who appeared for the respondents, asked the two-judge bench to lift the ex parte interim injunction that prevented the serving officer’s arrest.
Sabry emphasised that there is no evidence whatsoever to arrest the officer.
The counsel for petitioner questioned the rationale in those who had been under investigation for the lapses on the part of police in the run up to the Easter Sunday attacks supervising the investigations. Declaring that the victims of the Easter Sunday carnage wanted the truth, Sabry alleged that the investigation has now turned into a political game.
Sabry told court that DMI had provided information 11 days before the Easter attack that such an attack was imminent, and Indian intelligence also provided detailed information about the locations and individuals involved. The PC accused the police of being inefficient, thereby paving the way for the attack.
The President’s Counsel, who had also served as the Foreign Minister, pointed out that the current investigation had been based on an unsubstantiated statement made by one Azad Maulana to the UK’s Channel 4. Emphasising that the Channel 4’s source had fled Sri Lanka and was seeking political asylum in Switzserland, the PC said that a commission, headed by Supreme Court Justice Imam that investigated Maulana’s claims, unanimously concluded that the claims had no basis or validity.
At this point, the President of the Court of Appeal asked the Deputy Solicitor General if there was an intention to arrest the petitioner. She replied that the decision to arrest, or not, rests with the investigating officers.
However, she stated that the CID had submitted a 68-page detailed “B report” to the Fort Magistrate’s Court, on 22 July, which includes extensive evidence summaries, including investigative information about the petitioner.
She informed the court that the petitioner is being investigated in connection with an incident where, in December 2018, information was allegedly provided to mislead investigators that the murder of two police officers in Vavunathivu was carried out by the LTTE.
Consequently, two former LTTE members were arrested and detained for investigation. However, investigations conducted after the Easter Sunday attack revealed that the police officers’ murders were carried out by Zahran’s group, the Deputy Solicitor General said. The first arrest had been made by the Vavunathivu police on the same day the two police personnel were killed.
In response, President’s Counsel Ali Sabry stated that it was initially believed the LTTE was responsible for the Vavunathivu murders. Sabry said that it was the police, not the petitioner, who first arrested the two former LTTE members and obtained detention orders from the Secretary of Defence to investigate them.
The PC reiterated that such politically motivated investigations will not allow the victims to find out the truth and that his client, an experienced Army intelligence officer, is being made a scapegoat.
The first clear information that Zahran Hashim’s group had carried out the Vavunathivu killings was received by the DMI (Batticaloa) on 09 April, 2019, and the CID informed of the development on 12 April, 2019, through proper channels.
By Shamindra Ferdinando
News
Gnanasara Thero absconding after SC ruling
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.
News
House to debate 22A, Judicature Bill next week
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).
News
Wrong house targeted in underworld grenade attack: Two children killed
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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