Midweek Review
Significance of US Senator’s visit to SLNS Gajabahu
The Indian High Commission announced on Friday (01 Sept. ) the postponement of much touted Indian Defence Minister Rajnath Singh’s visit (02-03 Sept.). Cancellation was announced just hours after India declared Singh’s scheduled visit to review bilateral defence ties. Singh was to hold talks with President Wickremesinghe who also holds the defence portfolio and Prime Minister Dinesh Gunawardena. The PM recently reiterated his commitment to Sri Lanka’s unitary status thereby rejecting calls for full implementation of 13th Amendment to the Constitution. According to India HC statement Singh was to review the entire gamut of India’s defence ties with Sri Lanka. The Defence Minister was also scheduled to visit Nuwara Eliya and Trincomalee. “This visit of Shri Rajnath Singh reiterates India’s continued commitment in furthering the existing warm and friendly relations with Sri Lanka. The visit is an important landmark in deepening the enduring bonds of friendship between the two countries in the defence sphere,” HC stated, adding that it was based on a press release issued on 01 Sept. by Press Information Bureau – Defence Wing, Government of India in New Delhi.
By Shamindra Ferdinando
A short video clip of luggage being loaded to SLNS Gajabahu P 626 at the port of Colombo on the afternoon of 9th July, 2022, went viral as the then President Gotabaya Rajapaksa gave up resistance to a public protest campaign. Some television stations, too, carried that video. The print media followed. Until then SLNS Gajabahu hadn’t been in the public domain. Having joined the SLN fleet a decade after the successful conclusion of the war, the vessel never had a real opportunity to grab public attention.
The President and the First Lady Ayoma reached Trincomalee in SLNS Gajabahu on the following day though many believed the vessel’s destination was some foreign land. The couple was accompanied by the then Navy Commander Admiral Nishantha Ulugetenne (retired in Dec. 2022). Actually, a vast majority of people hadn’t even heard of that vessel, commissioned on 6th June, 2019, by the then President Maithripala Sirisena.
The then US Ambassador Alaina B. Teplitz had been among the invitees at the commissioning ceremony as the vessel categorized as AOPV (Advanced Offshore Patrol Vessel) was formerly Sherman of the US Coast Guard. It was the second US vessel received by Sri Lanka (2018). Sri Lanka took delivery of USCGC Courageous in 2004 and the vessel was commissioned SLNS Samudura P 621 in the following year. While SLNS Samudura played a critical role in SLN operations during the then Vice Admiral Wasantha Karannagoda’s campaign against Sea Tigers, SLNS Gajabahu grabbed media attention last year in an unexpected manner when it was used by President Gotabaya Rajapaksa and First Lady Ayoma to escape a massive violent mob, obviously instigated by outside forces.
Against the backdrop of accusations that had been directed at the US, both in and outside Parliament, over the role it played in one-time US citizen President Gotabaya Rajapaksa’s removal, the United States Senator Chris Van Hollen’s visit to SLNS Gajabahu attracted public interest. The Maryland representative is a member of the U.S. Senate Foreign Relations Committee and Appropriations Subcommittee on State and Foreign Operations. Hollen was accompanied by US Ambassador in Sri Lanka Julie Chung, widely accused of playing a central role in the previous President’s ouster.
‘Nine: The Hidden Story’ and ‘Galle Face Protest: System Change or Anarchy?’
authored by lawmaker Wimal Weerawansa and award-winning writer Sena Thoradeniya, respectively, dealt with the US-led project that also involved India. Chung has dismissed Weerawansa’s work as fiction.
Hollen and Chung met Navy Commander Vice Admiral Priyantha Perera onboard SLNS Gajabahu, Gotabaya Rajapaksa’s getaway vessel, on 30th Aug. The visitors had been there for about 90 minutes and Hollen fondly remembered his childhood days here, in the ’70s, when his father Christopher Van Hollen, Sr, served as the US Ambassador from 1972 to 1976 during Mrs. Sirimavo Bandaranaike’s tenure as the Prime Minister. The Senator had been quite happy with the way SLN maintained the three former US Coast Guard Cutters, currently in service with the SLN. In addition to USCGC Courageous and USCGC Sherman, Sri Lanka took delivery of USCGC Douglas Munro which was commissioned in late Nov. 2022 as SLNS Vijayabahu P 621, a few days short of a month before VA Ulugetenne’s retirement. When the US delegation visited SLNS Gajabahu, the third US Coast Guard Cutter, that had been commissioned by President Ranil Wickremesinghe, was anchored next to the vessel where the meeting took place.
US and Sri Lanka are working on the transfer of a fourth US vessel to the latter in line with the overall US policy meant to enhance its influence. Do not forget Sri Lanka entered into ACSA (Access and Cross Servicing Agreement) in Aug. 2017, and the possibility of a consensus on SOFA (Status of Forces Agreement) discussed during the Yahapalana administration can never be ruled out. The US strategy seems on track here with USD 2.9 bn loan package spread over a period of four years as part of that scheme. Whatever our concerns, it must be stated that the timely passing of US intelligence, regarding LTTE floating weapon warehouses, at the tail end of the war, hastened the eradication of the conventional fighting power of the enemy. That helped to finish off the LTTE within two years and 10 months.
According to a US Embassy statement posted on 01 Sept., the core objectives of the Senator’s visit were the promotion of enhanced security cooperation, deepening economic ties, collaborative initiatives to address climate change, and the advancement of democracy and human rights. Regardless of propaganda, the US is one of the worst human rights offenders. The writer is not sure what Senator Hollen learnt from civil society representatives whom he met in Colombo, many of whom are funded by the West to be their hurrah boys and gals here, and the families of the disappeared prior to the 30 August International Day of the Disappeared. The US Embassy statement, while referring to their anguish, stressed the need for transparency, justice, and accountability.
We can even understand the behaviour of the US pursuing its diabolical plans around the world, but how can the UN to be an appendage of American evil policies? The UN’s Resident Representative in Sri Lanka, Marc-André Franche issuing a lengthy statement last Wednesday on the International Day of the Victims of Enforced Disappearances highlighted “the profound scars left by enforced disappearances on the nation’s history. He emphasized that these disappearances continue to cast a shadow of ambiguity over the lives of countless Lankans, where loved ones are neither definitively present nor absent”.
However most ironically neither the US nor the United Nations, who wept buckets on the International Day of the Disappeared on 30 August said anything here on the International Day of Remembrance and Tribute to the victims of terrorism that fell on 21 August, forgetting the fact that there were thousands of innocent victims of terrorism here, many of whom were Tamils, since the LTTE launched its terror campaign here in pursuit of the Eelam dream with the cold blooded killing of Jaffna Mayor Alfred Duraiappah in the mid-70s.
There was not a word about victims of terror or their long suffering family members here from the world body or the US when the world marked the Day of victims of terrorism on 21 August.
The UN that sheds so much tears for disappeared here, hardly says anything against terror tactics used by Israelis not only against Palestinian adults who are protesting horrors they have to undergo on a daily basis, but even against their children.
What is more concerning is the fact that Colombo-based UN officials Marc-André Franche and Edward Rees visited the JVP Headquarters on 29 August to meet its leader Anura Kumara Dissanayake et al.
Last year soon after American Ambassador Julie Chung visited the same JVP headquarters, homes of several dozen then government politicians were attacked and destroyed across the country, meticulously, in one night, along with, in some cases, properties of their relatives. On the eve of those attacks Ambassador Chung also issued a statement calling on Police and the armed forces not to interfere with those “peaceful protesters.”
As we have reported previously it was not so too long ago a previous UN Resident Representative, a Norwegian, unilaterally tried to declare its compound in Colombo a refugee camp for Tamils. Luckily for us, our then Foreign Minister Lakshman Kadirgamar told him where to get off. Had that succeeded they would have staged attacks on Tamils here to create a storm of refugees in the country wanting to get into the UN premises for safety, then Sri Lanka as we know it would have become history overnight.
Would the US care to explain disappearances caused by its forces and agents all over the world following interventions on various pretexts? The invasion of Iraq in 2003 on the basis of going after the wholly concocted claim that Iraq, under Saddam Hussein, possessed Weapons of Mass Destruction (WMDs), the abduction of hundreds if not thousands of suspected terrorists and transferring them to other countries where they were tortured. The US called the murderous project an extraordinary rendition. President Mahinda Rajapaksa’s government once cooperated with the US in such an operation. The Guantanamo Bay US military prison is nothing but an insult to those who really value transparency, justice and accountability. Actually US human rights violations are incalculable.
Briefing on draft Anti-Terrorism Bill
US Ambassador Chung was among those present at a briefing arranged for the diplomatic corps at the Foreign Ministry on 01 Sept. on the draft Anti-Terrorism Bill. Foreign Minister Ali Sabry and Dr. Wijeyadasa Rajapakshe, both notable President’s Counsels, briefed foreign envoys regarding the Wickremesinghe-Rajapakse government’s efforts in this regard. It would be pertinent to ask the ministers whether they were aware of any foreign governments which consult so called relevant stakeholders, including civil society and international partners, in making laws in their countries.
Having perused the statements issued by Foreign and Justice Ministries following the briefing, it was clear the foreign envoys were consulted before presenting the draft Anti-Terrorism Bill to the Cabinet-of-Ministers. Minister Sabry is on record as having said that the proposed law meant to replace the Prevention of Terrorism Act (PTA) addressed national security requirements, met international standards and best practices. Those who found fault with Sri Lanka for enactment of draconian security law way back in 1979 conveniently forgot why the then President JRJ had to take measures to counter Indian-sponsored terrorism here. The government lacked the backbone at least to set the record straight. This applies to the Gotabaya Rajapaksa government too.
While the US and its allies preach transparency, human rights and accountability to successive governments here some of those terrorists responsible for heinous crimes during the conflict live in those countries having received foreign citizenships and in some cases new identities. Those governments are not worried about their sordid past. Among them are hundreds of Sri Lankans trained in India, Lebanon and in Northern and Eastern parts of Sri Lanka. The number of terrorists who had received foreign citizenship in the West over the years is not known though the actual figure can be quite high. Among them can be those who forcibly recruited children and used them as cannon fodder and even in suicide missions. Didn’t one-time Indian Premier Rajiv Gandhi fall prey in May 1991 to a child suicide cadre in the run-up to Indian parliamentary polls? Did she (the suicide cadre) receive her cyanide capsule from Australian Adele, wife of the late Anton Balasingham, British citizen of Sri Lankan origin? Balasingham who had served the British High Commission in Colombo as a translator functioned as the LTTE theoretician until he passed away in the UK. The Balasinghams couldn’t have been unaware of the dastardly assassination plot. Adele Balasingham lives in the UK. The former colonial power here hasn’t been bothered about her accountability. Some of those who had been listed as disappeared here were killed during a major Indian manhunt, following Gandhi’s assassination. They were buried there.
Quite a number of Sri Lankan terrorists, who raided the Maldives in Nov. 1988, too, ended up dead while some were arrested by the Indian military. The dead can be still listed as missing as the human rights circus continues 15 years after the eradication of terrorism here.
Obviously, the West and India wanted Sri Lanka to forget the past and restrict examination of accountability issues pertaining to the last phase of the war against the LTTE (January-May 2009). Following Sri Lanka’s triumph over the separatist Tamil movement, the Tamil National Alliance (TNA) that recognized the LTTE as the sole representative of Tamil speaking people in late 2001, joined external powers to demand abolition of the security law. The government never bothered at least to remind foreign governments that held the TNA in high esteem how the group served the LTTE’s terrorist programme until the very last moment.
Child recruitment continued in LTTE-held areas regardless of a UN arranged agreement finalized in 1998 during CBK administration until combined security forces destroyed their fighting structure. By late January/early March 2009 the LTTE lost its capacity to sustain its military structure. The TNA remained silent on child recruitment and the use of human shields on the Vanni east front as the military rapidly pushed the ‘defenders’ towards the east coast.
The government should be mindful of the need to take special measures to prevent children being used in terrorism. The 2019 Easter Sunday carnage reminded the complacent and utterly irresponsible Sirisena-Wickremesinghe government how the young could be exploited. Anti-terrorism law should be comprehensive to deal with security threats. The public protest campaign that ousted President Gotabaya Rajapaksa and set Premier Wickremesinghe private residence ablaze and the property of nearly 80 lawmakers, in the current Parliament, underscored the need to be mindful of threats emanating from various quarters. In their haste to satisfy Western powers, civil society and other interested parties, the government shouldn’t disregard growing threats in various other forms though a conventional military challenge is not likely on our soil again.
UNP leader Wickremesinghe acted quickly and decisively within hours after being elected President on 20 July, 2022, to complete the remainder of Gotabaya Rajapaksa’s five-year term. At the behest of President Wickremesinghe, the military and police cleared those who had forcibly occupied the Presidential Secretariat and other government buildings in the guise of Aragalaya, weeks previously. Wickremesinghe simply ignored the US concerns over the use of force to regain control of government buildings. Had the US anticipated Wickremesinghe’s move, Chung condemned the action taken by the new President.
A complaint to Sabry
Chung met Wickremesinghe soon after troops raided a protest site in Colombo, which left nine people injured. The meeting took place before she tweeted Friday 22 July evening that she had expressed her grave concern over the “unnecessary and deeply troubling escalation of violence against protestors overnight”. “The President and Cabinet have an opportunity and an obligation to respond to the calls of Sri Lankans for a better future. This is not the time to crack down on citizens, but instead to look ahead at the immediate and tangible steps the government can take to regain the trust of the people, restore stability, and rebuild the economy. Chung did not reveal the President’s response. The President ordered the crackdown before ministers were sworn in.
A year later, the US and India in spite of their previous reservations work so closely with Wickremesinghe, the Federation of National Organizations (FNO) believes the US envoy is pursuing an agenda inimical to the country.
The day before the briefing for the Colombo-based diplomatic corps, attended by the US envoy, Dr. Gunadasa Amarasekera, on behalf of the FNO and several other organizations, handed over a petition to the Foreign Ministry drawing Minister Sabry’s attention to Chung’s agenda. Sabry got a subordinate to accept the petition on his behalf. Dr. Wasantha Bandara who recently alleged both the government and the Opposition were dancing to the US tune and Constitutional Council member Dr. Anula Wijewardena accompanied Dr. Amarasekera.
Dr. Amarasekera pointed out how Chung and other Colombo-based envoys pursued a strategy that undermined Sri Lanka and also diminished the armed forces’ triumph over separatist Tamil terrorism. Particularly, the FNO found fault with Chung for advising the Army to build trust with minority communities to ensure lasting peace during her visit to the North. Perhaps the US envoy should be reminded that the predominantly Tamil speaking districts in the now de-merged Northern and Eastern Province at the 2010 presidential election voted overwhelmingly for war-winning Army Commander the then Gen. Sarath Fonseka. The Sinha Regiment veteran lost the election by a huge margin – over 1.8 mn votes – though he won the North and East districts handsomely. So there cannot be a question over building trust.
In spite of being asked by the TNA, the people wouldn’t have done so if they really felt humiliated by the LTTE’s defeat. Advised by the SLMC, the Muslims living in those areas, too, threw their weight behind Fonseka. Tamil speaking people probably felt grateful to the military for bringing the three decades long war to an end. Unfortunately, successive governments failed pathetically to use Fonseka’s performance to challenge the Western narrative. Unfortunately, even those opposed to US and Indian interventions conveniently remain silent. This applies to the FNO, too.
The FNO backed Gotabaya Rajapaksa’s presidential candidature much before the SLPP (Pohottuwa party) officially picked him as its man. The SLPP had been in two minds regarding the wartime Defence Secretary therefore nationalist organizations, backed by few UPFA MPs (precursor to SLPP) and the likes of Ali Sabry, in his then capacity as Gotabaya Rajapaksa’s lawyer, campaigned for the much respected administrator. Perhaps an appraisal of Gotabaya Rajapaksa’s presidency is necessary on the basis of his response to external threats unleashed within a week after the presidential election. The President survived the Swiss Embassy trap close on the heels of that country giving political asylum to CID investigator CI Nishantha Silva. Regrettably, the President never learnt from that episode. Apparently, the President felt that he could come to some sort of arrangement with the US but that never materialized. What Sri Lanka never really understood was that the Indian strategy here even to subjugate Sri Lanka militarily is compatible with that of the US as the latter desperately wants to use New Delhi against Beijing.
Midweek Review
Govt. failure to fill top two courts’ vacancies leaves Judiciary in a conundrum
The ruling NPP is in a deepening dilemma over a hotly disputed move to extend the retirement age of superior courts judges. The party is also under heavy fire for delaying fresh appointments to the superior courts consisting of the Court of Appeal and Supreme Court.
A section of the Opposition wants Speaker Dr. Jagath Wickremaratne to take up the inordinate delay in filling vacancies in the superior courts. The Bar Association of Sri Lanka, Colombo High Court lawyers, Lawyers Collective, as well as the Commonwealth Lawyers’ Union have criticised the government’s move.
By Shamindra Ferdinando
Sri Lanka Muslim Congress (SLMC) leader Rauff Hakeem, MP, recently expressed concern over the alleged way Balachandran Prabhakaran, 12-year-old son of LTTE leader Velupillai Prabhakaran was killed, in cold blood, on 19 May, 2009.
A section of the Tamil media highlighted Kandy District lawmaker Hakeem’s comments regarding the alleged way Balachandran, the youngest of the three children of Tiger Supremo, met his end. Prabhakaran himself was also killed on the same day.
What prompted MP Hakeem to raise a contentious but now largely forgotten issue! Both the Sinhala and English print and electronic media failed to report the SLMC leader’s comments. Some questioned the purpose in lawmaker Hakeem raising Balachandran’s death. Some even suggested a Tamil Diaspora hand in Hakeem’s unexpected interest in Balachandran’s death.
The Island obtained the video, released by the Parliament, of the SLMC leader’s 10-minute speech, delivered on 10 June. Reference to Balachandran’s killing had been made towards the tail end of his fiery speech that primarily dealt with President Anura Kumara Dissanayake’s continuing failure to fill existing vacancies in the Court of Appeal and the Supreme Court.
The deliberate and utterly contemptible holding up of judicial promotions, for whatever reasons, cannot be discussed without examining a disputed bid to introduce an amendment to the Constitution to increase the retirement age of the Judges of the Court of Appeal and the Supreme Court.
President Anura Kumara Dissanayake, the leader of two registered political parties, namely the Janatha Vimukthi Peramuna (JVP) and the National People’s Power (NPP), seems to be on a collision course with the Opposition. With a commanding 159 MPs in Parliament, meaning a 2/3 majority, Dissanayake can easily introduce the required amendment, regardless of protests. But, the electorate won’t like that dictatorial attitude. Those who exercised their franchise for Dissanayake and the NPP at the September 2024 and November 2024 national polls, respectively, wouldn’t expect them to adopt, what can be safely described as, a dogmatic approach.
Attorney-at-law and one-time Justice Minister Rauff Hakeem castigated the President and the ruling party, ahead of the joint Opposition action, to pressure the President to fill the vacancies. Their appeal to Speaker Dr. Jagath Wickremaratne in this regard can be also interpreted as a collective opposition to the proposed amendment to increase the retirement age of judges.
The SLMC group in Parliament consists of five MPs. Of them, three had been elected under the SLMC symbol (two elected and one on the National List) and two through the Samagi Jana Balawegaya (SJB), one of them on the latter’s National List.
Lawmaker Hakeem, who had served the Parliament for over 30 years, at the onset of his speech, questioned the sudden decision to bring in regulation to compel exporters to convert their export proceeds into USD. The SLMCer declared that such panic action was taken by the government in view of the rapid deterioration of the Rupee against the USD.
Commenting on the extension of the Emergency continuously, MP Hakeem alleged that it was done for the NPP’s own parochial purposes and the Opposition expected the government to discontinue the practice.
Then he dealt with the alleged move to extend the retirement age of top judges. Referring to Chief Government Whip Dr. Nalinda Jayatissa’s shameless declaration that the issue hadn’t been even discussed among the government. The ex-justice Minister, however, disputed Jayatissa’s claim made at the post-Cabinet media briefing, while highlighting the statements issued by the Bar Association, Colombo High Court Lawyers’ Association. In addition, the Lawyers’ Collective and the Commonwealth Lawyers’ Association strongly opposed the alleged move. In spite of the Cabinet spokesman’s denial, Justice Minister and Attorney-at-Law Harshana Nanayakkara, in his comments on the issue, indicated that the matter was under discussion. In fact, Nanayakkara mentioned a comparatively higher retirement age of top judges in other countries to support the NPP’s controversial and unnecessary move.
Obviously, the NPP is not talking in one voice.
Rauff takes a strong stand
Emphasising that he addressed the issue at hand as a member of the BASL, Hakeem pointed out that there were four vacancies, each in the Court of Appeal and the Supreme Court, for the past six months. The SLMC leader said: “The President has failed in his constitutional duty to nominate judges for promotion. From the High Court to the Court of Appeal and from the Court of Appeal to the Supreme Court. By denying the rights of the judges, undue pressure is being brought on them. What will happen? This very President, when he was in the Opposition, when the previous Presidents failed to gazette the names decided on by the Constitutional Council, he made a big protest. Several times he spoke about this very vociferously in the House. But, since becoming the President, he has not nominated any names. Very clearly, the 21 Amendment provision was made to prevent Presidents from delaying the decisions taken by the Constitutional Council. He is doing the reverse by not nominating anyone to the top two courts. This is much worse. As a consequence, even our fundamental rights are impacted. Because we as litigants or lawyers or public, our right for the expeditious disposal of cases is being impacted by the delay in appointing judges to the Superior Courts.
Moreover, you are frustrating the judges who served years in the judiciary. What happens to the minor judiciary and others? There are heavy concerns among the judiciary about extending the retirement age. That’ll block their path. That’ll deprive many suitably qualified individuals the right to get onto the bench or the superior bench. High court judges will now await their chances of being promoted. Undue pressure will be brought upon them.”
Hakeem alleged that the Constitution was being deliberately violated by the President. Having directed serious allegations at the President, Hakeem emphasised the responsibility on the part of the Speaker to take up this matter with the President on their behalf. Hakeem questioned as to why the President unduly delayed the promotions. The President’s deliberate failure has caused unnecessary frustration among the judicial ranks in the country and deprived those who served the judiciary of their due rights.”
Hakeem explained how even senior officers of the Attorney General’s Department had been affected by the President’s inaction. Those officials have been deprived of the opportunity to move onto one of the superior courts, Hakeem alleged, accusing the President of, what he called, deliberate inaction and a constitutional violation.
Then Hakeem made a very serious allegation. The ex-Justice Minister alleged that the NPP was delaying the process until a favoured person is eligible to get onto the bench, “You are picking and choosing people by that thereby undermining the judiciary.”
MP Hakeem also dealt with the vexed issue of the Prevention of Terrorism Act (PTA) that had been opposed by many political parties, civil society as well as organisations such as Amnesty International. The Sttorney-at-Law took up the issue in the wake of the controversial arrest of Maj. Gen. (retd.) Suresh Sallay, Director of the Directorate of Military Intelligence (DMI/2012-2016) and Director, State Intelligence Service/2019-2024) in terms of the PTA.
MP Hakeem chided the NPP for proposing to bring in a new anti-terrorism law, under a different title, to replace the existing PTA. Declaring that the new Act would be definitely far worse than the current law, the lawyer faulted the police and the Attorney General’s Department for abusing the PTA. The former Minister said so while alleging the continuous deterioration of the standards of the police and the Attorney General’s department, due to their dependence on the draconian PTA.
Killing of Balachandran
Referring to Tamil media reports regarding the new UK Channel 4 video that dealt with the killing of Prabhakaran’s 12-year-old son, lawmaker Hakeem discussed how the military dealt with the families of the LTTE leader and that of the JVP leader Rohana Wijeweera, killed on the night of 13 November, 1989.
Pointing out that Wijeweera who had been apprehended, along with his family, by the military, was killed, Hakeem stressed that the family members weren’t harmed. They lived under the protection of successive governments but in Prabhakaran’s case the situation was entirely differently.
Hakeem scorned the JVP/NPP government for conveniently forgetting its leaders, though an annual ceremony was held in Colombo in memory of those who perished during the insurgency. Hakeem said that even the daughter of Zahran Hashim, who led the 2019 Easter Sunday attacks, was spared. But, if Prabharatan’s daughter, Duwaraka, had been killed, as alleged, that should be investigated, Hakeem said. Hakeem ended his speech addressing the Parliament in Tamil.
Prabhakaran’s wife Mathivathani, too, had been killed during the final phase of the ground offensive. Prabhakaran’s eldest son, Charles Anthony, was killed in the Karayamullavaikkal area of the Mullaitivu district, the day before Prabhakaran, wife Mathivathani, daughter Duwaraka and younger son Balachandran were killed.
Acknowledging the SLMC leader’s right to rake up the controversy over the alleged manner the deaths of the LTTE leader and his family, while in government custody, took place. It would be pertinent to mention that Hakeem, in his capacity as the Justice Minister, from November, 2010, to December, 2014, could have pushed the Mahinda Rajapaksa government to inquire into the incident.
In fact, the writer once sought a meeting with the then Minister Hakeem to discuss accountability issues and the failure on the part of the government to address them. Although the Minister gave a patience hearing and acknowledged the urgent need to take remedial measures, the war-winning Rajapaksa government, instead of taking tangible measures, played politics. By late 2014, the SLMC switched its allegiance to the UNP-led coalition, formed with the US blessings to back the candidature of another political turncoat, Maithripala Sirisena, at the 2015 presidential election.
Hakeem received the Urban Development, Water Supply and Drainage portfolio in the succeeding Yahapalana government. The Tamil National Alliance (TNA), that had been an integral part of that alliance, served the Yahapalana interests well, though it refrained from accepting any Cabinet portfolio. The JVP, too, refrained from joining the Cabinet but their role in the Yahapalana operation is in the public domain.
The Yahapalana government betrayed the armed forces at the Geneva-based United Nations Human Rights Council (UNHRC), in October, 2015, but the extent of their treachery was highlighted two years later when that administration unceremoniously dismissed Lord Naseby’s revelations pertaining to the final phase of the war.
What made the SLMC leader Hakeem to compare three incidents – the killing of Wijeweera, and government protection for his family, in November, 1989; killing of Prabhakaran and his family on the banks of the Nanthikadal lagoon, in May, 2009; and the rescue of Zahran Hashim’s daughter, following the Sainthamaruthu blasts in April, 2019. Whatever the SLMC leader’s motive in highlighting the LTTE’s case now, the need for collective response on the part of the Parliament to address the concerns of the loved ones of those who engaged in terrorism cannot be overemphasised.
The circumstances of Prabhakaran, his wife and their daughter and youngest son remained mired in controversy. Like over 11,000 LTTE cadres, both men and women, including suicide cadres who surrendered to the advancing troops on multiple fronts, Prabhakaran and his family could have given themselves up to the Army on the Vanni front. They ignored that opportunity believing in a US operation to evacuate them.
Critically important combined stand
As mentioned by the SLMC leader during his 10 June speech in Parliament, a group of Opposition MPs handed over a letter expressing their concerns over the inordinate delay in filling the vacancies in the superior courts. Pointing out that the President, in his capacity as the Chairman of the Constitutional Council, had failed to fill those vacancies, the Opposition MPs stressed the responsibility on the part of the President to act in accordance with the provisions of the Constitution. They also reminded the Speaker that it would be his responsibility to protect the independence of the judiciary, which is an important part of the sovereignty of the people.
Kandy District MP Anuradha Jayaratne, represented the new Democratic Front (NDF) in the SJB-led effort, while NDF MP Ravi Karunanayake, too, joined, though he is in logger heads with the UNP over taking the National List slot won by the NDF at the last parliamentary election. Former President and UNP leader Ranil Wickremesinghe threw his weight behind the NDF, at the November, 2024, General Electio, but could not achieve the anticipated results. The NDF managed to secure just five seats, two of them National List slots.
All Ceylon Tamil Congress leader Gajendrakumar Ponnambalam, representing the Jaffna electoral district, signed the petition, along with the Sarvajana Balaya leader Dilith Jayaweera. Unfortunately, the SLPP hadn’t been part of that grouping. Responding to The Island queries, SLPP sources assured that though they didn’t sign the petition handed over to Speaker Wickremaratne, they wholeheartedly supported the initiative.
Whatever efforts by political parties/governments in power to interfere with the judiciary should be opposed at every level. The Rajapaksas went to the extent of impeaching Chief Justice Dr. Shirani Bandaranayake and removing her under the most despicable circumstances. Belligerent Rajapaksas reacted, as expected, following the Supreme Court rulings, including one against the then SLFP/UPFA strongman Basil Rajapaksa.
The ruling UPFA directed a series of unsubstantiated allegations against her, including financial impropriety and interfering in legal cases. SJB MP Dayasiri Jayasekera recently made reference to the impeachment of Dr. Bandaranayake when he censured the NPP move to extend the retirement age of judges of the superior courts. MP Jayasekera questioned whether the NPP wanted to retain Chief Justice Preethi Padman Surasena beyond the stipulated retirement age.
Although there had been a spate of interventions, the 2013 impeachment of CJ 43 was undoubtedly the worst case ever and the appointment of former Attorney General Mohan Peiris as her successor made matters worse.
The UPFA hit back hard at Dr. Bandaranayake following unprecedented controversy over The Town and Country Planning (Amendment) Bill and Divi Neguma, gazetted in 2011 and 2012, respectively. The UPFA abandoned the first Bill and then amended the second to avoid a referendum and the required 2/3 approval. By then, the cocky UPFA had decided to impeach Dr. Bandaranayake who stood up to outright political intimidation.
Ranil Wickremesinghe, during his tenure as the President (July, 2022, to September, 2024) reacted angrily to the Supreme Court ruling that he, in his capacity as the Finance Minister and the Election Commission, violated voters’ rights by arbitrarily delaying the Local Government polls in 2023. Wickremesinghe had been also angered by his failure to secure Supreme Court endorsement for his bid to appoint Dehabandu Tennakoon as the IGP in the run-up to the 2024 Presidential Election.
There had been so many other instances when the political party/coalition, in power, felt that the judiciary undermined its agenda. There cannot be better examples of the daunting challenge faced by the UPFA due to the Supreme Court stand during Dr. Bandaranayake’s tenure as the Chief Justice.
But post-Aragalaya period, no one expected President Dissanayake to pursue an agenda that compelled the BASL to issue hard hitting statements. Since May Day 2026, there had been two such statements from the BASL that should have triggered alarm bells. The NPP is obviously on the wrong path, believing that it can proceed with a 2/3 super majority unhindered in Parliament.
The first BASL statement dealt with President Dissanayake’s controversial May Day prediction of a court ruling in a high profile case. The second one responded to a move to extend superior court judges’ retirement age.
The government should rethink its strategy. With the national economy experiencing severe difficulties and the government under pressure to abolish fuel and electricity subsidies at the behest of the IMF, the NPP should concentrate on saving the economy instead of creating fresh issues that it cannot just brush aside just because of its steamroller majority in Parliament.
Midweek Review
The Legacy Lost
Gladdening was the sight at morn,
For the folk of the invisible village,
Of mirthful children trekking to school,
And refuge did they take in the thought,
That at least their young would be spared,
The crushing ordeals of tenant farming,
Since they would come by some erudition,
But our elders are now up against the truth,
That all is not well at the humble school,
Since even the morsel of education,
Painstakingly dished out there,
Comes with scary price tags attached;
Making dropping out the best thing to do.
By Lynn Ockersz
Midweek Review
July 09: An inexcusable overall security failure and exceptional contingency plan
Ulugetenne
The Sri Lanka Navy, on 04 June, commissioned SLNS Samudravijaya, formerly United States Coast Guard Cutter Decisive. It is the fourth mothballed US Coast Guard cutter transferred to the SLN through the US Excess Defence Articles Programme. President Anura Kumara Dissanayake attended the ceremony at the Colombo Port. The US Embassy in Colombo, in a statement issued on the same day, quoted Defence Attaché Lieutenant Colonel Matthew House as having said: “Few partners have demonstrated the commitment to maintaining and operating these vessels as successfully as the Sri Lanka Navy. The outstanding condition and operational performance of SLNS Samudura, SLNS Gajabahu, and SLNS Vijayabahu are a testament to the professionalism and technical expertise of Sri Lankan sailors. Their stewardship of these vessels helped build the confidence that made this fourth transfer possible.” The first of the four vessels SLNS Samudura was commissioned on 19 February, 2005, during Chandrika Bandaranaike Kumaratunga’s tenure as the President. Milinda Moragoda, Economic Reforms and Science and Technology Minister of the previous UNP-led UNF government, played a significant role in acquiring that vessel. SLNS Samudura boosted SLN and participated in numerous operations, including the high profile hunt for LTTE floating warehouses, during the Eelam War IV. But, the US refrained from transferring any more big ships during the war though on the then Navy Commander Vice Admiral Wsantha Karannagoda’s request to provide intelligence and Washington obliging, made the successful hunt for LTTE floating arsenals in the last stages of the war possible. The transfer of the second vessel took place 19 years after the end of the war. Ex USCG Sherman was commissioned 06 June, 2019, as SLNS Gajabahu (P626). The third vessel was transferred to the Sri Lanka Navy on October 26, 2021, as the country was heading towards an unprecedented economic crisis. That vessel was commissioned as SLNS Vijayabahu at the Colombo Port with the participation of President Ranil Wickramasinghe and US Ambassador to Sri Lanka Julie Chung on November 20, 2022. Ironically SLNS Gajabahu, one of the ex-US vessels prominently figured in the contingency plan to save President Gotabaya Rajapaksa, but whose downfall was engineered by the US.
By Shamindra Ferdinando
The moment President Gotabaya Rajapaksa decided to take up residence at the President’s House (Janadhipathi Mandiraya), Fort, in the first week of April, 2022, the Navy had no option but to prepare a thorough contingency plan, in case the regime change project posed a realistic threat to the life of the President.
The President, in consultation with senior military officers, made his move within 48 hours after violence erupted outside his private residence at Pangiriwatte, Mirihana, on the night of 31 March, 2022. That decision seemed realistic and sensible at that time.
But, in the wake of the disastrous overall armed forces response to the coordinated violence unleashed by the regime change project on 09 May, 2022, in the aftermath of the Temple Trees ordered attack on Galle Face protesters, the top brass must have recognised the urgent need for total overhauling of security strategy. But, unfortunately, that hadn’t been the case. With violent crowds overwhelming the armed forces, deployed to block them, rapidly approaching the President’s House, those who had been at the makeshift Operations Room there were stunned.
In hindsight, the President’s decision to remain at the President’s House, regardless of the near failure on the part of the armed forces to repulse the raid on Temple Trees, on 09 May, seemed unwise. The rescue operation could have gone wrong and the war-winning President Mahinda Rajapaksa could have ended up in the hands of an angry mob.
Perhaps, the conspirators envisaged the President’s move, from Pangiriwatte to the President’s House, situated walking distance away from the Galle Face protest site, where they could draw additional strength.
The failure on the part of the government to take tangible measures, in the wake of the President’s House becoming the sole target on that fateful day, is a contentious issue that needs to be properly investigated. Don’t forget that the court case filed over the 09 May attacks on the residences and properties belonging to SLPP politicians, and some supporters ,was later withdrawn. The Wickremesinghe-Rajapaksa government never investigated the 09 May incidents.
Exactly two months after the mobs almost succeeded in breaking through defences at Temple Trees, on the night of 09 May/10, where Prime Minister Mahinda Rajapaksa was residing, they mounted the assault on the President’s House.
In the wake of the 09 May mayhem, President Gotabaya Rajapaksa named Lt. Gen. Vikum Liyanage as the Commander of the Army. He succeeded General Shavendra Silva who served as the CDS but was out of the country when all-out mayhem was unleashed by the Aragalaya mobs on 09 July, 2022, to oust the sitting government.
In spite of a direct and growing threat to the President’s House, on 09 July, 2022, the President felt confident in meeting the challenge. The President issued a directive to the Secretary, Ministry of Defence, General (retd.) Kamal Gunaratne, to shift the Operations Room from the Defence Force Headquarters, at Akuregoda, to the President’s House. Having shifted the Operations Room on 08 July, 2022, to the President’s House, as directed by the President, the top brass prepared to face the challenge.
Maj. General K.B. Egodawela, who served as an Additional Secretary (Administration) to the President, from the day the President moved to the President’s House, till he vacated on 09 July, 2022, in his memoirs ‘Aragalaya: Adarayen Prachandathwayata’ (From Love to Violence) revealed that though the top brass opposed the shifting of the Operations Room they carried out the directive. While the President felt that the top brass could collectively work at the President’s House to bring the situation under control, Gen Gunaratne proposed that the President should move to Akuregoda Defence Forces Headquarters, according to Egodawela. In fact, Gunaratne, who had been with Gotabaya Rajapaksa from the very beginning of the sinister campaign, strongly opposed the President’s decision to remain there.
Obviously, the President’s House pathetically failed to ascertain the scale of the protest and the rapidity with which protesters overwhelmed troops deployed outside the President’s House stunned the top brass. Had they swiftly reached consensus on Gen. Gunaratne’s suggestion, perhaps the 09 July regime change operation could have been thwarted. The armed forces could have resorted to tougher measures to prevent a march on Akuregoda Defence Forces Headquarters had the President agreed to move there.
Within two hours after the protest, targeting the President’s House began, video footage provided by drones indicated that troops couldn’t hold the rampaging mobs any longer. According to Egodawela, the top brass had been prepared to remove the President, even without his consent, by landing a helicopter in the Colombo harbor or by ship. Finally, they resorted to the second option. As the President and First Lady Ayoma got into a vehicle and took the rear exit into the adjoining former Navy Headquarters, mobs entered the President’s House. Another vehicle carrying several other persons followed.
The then Navy Commander Vice Admiral Nishantha Ulugetenne who had been with the President at the President’s House got into the vehicle carrying the President. Had they stayed at the President’s House for 10 more minutes, the consequences could have been devastating. https://island.lk/gotabayas-escape-from-aragalaya-mob-in-rti-spotlight/
Egodawela, who had been with the President from the very beginning of the presidential term, alleged that the raiders planned to kill the President and several others and display their bodies. The author quoted an unidentified intelligence officer as having told him that the raiders wanted to display the bodies the way LTTE leader Velupillai Prabhakaran’s body was shown.
Perhaps shifting the Operations Room from Akuregoda Defence Force Headquarters to the President’s House had been a risky move that, in a way, facilitated the regime change operation. The rationale in bringing those who had been tasked with countering the impending threat to one place (President’s House) to be with the target (Gotabaya Rajapaksa) seems unbelievably a dicey move. The President had been influenced by what he described as inordinate and unforgivable delay on the part of the Akuregoda Operations Room to carry out timely evacuation of Prime Minister Mahinda Rajapaksa on the night of 09 May from Temple Trees. Most probably, the President wanted to oversee the 09 July counter operation personally. But, in hindsight, the decision to shift the Operations Room from Akuregoda to the President’s House obviously hadn’t been a clever move.
SLN preparations
When mobs threatened to overwhelm the President’s security at Pangiriwattta, on 31 March, additional police and STF contingents were brought in. They were followed by the Navy and Air Force. The Army arrived at the scene, subsequently.
As pointed out by the President himself, the situation at Temple Trees, on 09 May, had been far worse and the combined police and armed forces response revealed that they hadn’t taken precautionary/counter measures, even after the Pangiriwatta fiasco.
At the time of the incidents, the overall Temple Trees security deployment included about 60 elite Special Boat Squadron (SBS) personnel deployed within the premises and were supplemented by seven SLN platoons. The Army also moved in to strengthen Temple Trees defences but the mobs pressed on till troops fired blank ammunition.
The top brass, directing counter measures from Akuregoda Defence Force Headquarters, had to act swiftly and decisively to evacuate those at the Temple Trees or face the consequences. As there hadn’t been any other alternative place of living proposed, Prime Minister Mahinda Rajapaksa, wife Shiranthi and their eldest son Namal were escorted to nearby former Air Force Headquarters and from there flown to the Trincomalee Navy base. VA Ulugetenne, over the phone, issued instructions to the relevant officer in Trincomalee to make arrangements as two helicopters carrying the group took off from the helipad on the top of the former Air Force Headquarters. The helicopters departed around 04 in the morning.
They had stayed at Trincomalee Navy House for about a week and, as requested by the Navy, paid for their stay because by then Mahinda Rajapaksa had resigned. Perhaps, they could have taken refuge at the Panagoda Army cantonment or at Saliyapura, home to the Gajaba Regiment, but, at the end, sought the protection at the Trincomalee Navy base.
Ironically, President Gotabaya Rajapaksa, too, had to take refuge at the Trincomalee Navy base, exactly two months later. Ever since the President moved into the President’s House, Fort, the Navy had been on their toes to meet any eventuality. The daunting task of arranging evacuation by sea fell on the shoulders of VA Ulugetenne, who, meticulously, planned the operation with his staff.
Having informed the President of the contingency plans, VA Ulugetenne stationed two Advanced Offshore Patrol Vessels (AOPVs), namely SLNS Sindurala and SLNS Gajabahu and four Fast Attack Craft (FACs), at the Colombo Port. It would be pertinent to mention that SLNS Sindurala, built at the Goa shipyard, in terms of an agreement signed at the tail end of the Mahinda Rajapaksa government, was adjudged the best vessel in the SLN fleet in 2022.
Additional SBS personnel and snipers, too, had been brought in to Colombo though none of them knew exactly what their task would be. The OPV and FAC crews most probably felt that they were awaiting orders for a major anti-drug operation in the high seas.
As the decision was made to evacuate the President and the First Lady, the Chief alerted the vessels and quickly deployed tugboats to pull SLNS Sindurala and, shortly thereafter, SLNS Gajabahu, formerly of the US Coast Guard, carrying the President and the First Lady. By the time the two AOPVs moved in different directions, on the instructions of VA Ulugetenne, the hand phones of SLNS Gajabahu crew were collected to prevent them from revealing what was happening. Along with the AOPVs, two pairs of FACs had moved out to sea. (https://island.lk/ranil-reveals-bid-to-get-rid-of-him-while-gr-was-fleeing-to-trinco-on-board-slns-gajabahu/)
Nearly 12-hour journey to Trinco
The SLNS Gajabahu, formerly of the US Coast Guard, had a crew consisting of over 100 officers and men. Someone, most probably a port employee, posted a short clip of some unidentified persons taking large travelling bags into the ship but the President, First Lady and VA Ulugetenne going in were never captured on a camera.
As the vessel began its journey towards Trincomalee, it remained approximately 12 nautical miles from land and the President received many calls, some of which weren’t answered. VA Ulugetenne, too, received quite a number of calls. Those familiar with the developments at that time said that some felt that SLNS Gajabahu should move out of Sri Lankan waters. There had been suggestions that the destination should be the Maldives, India or Singapore. Regardless of such suggestions, SLNS Gajabahu proceeded towards Trincomalee where the Navy made necessary arrangements to host them.
Captain Marlon Perera, who still serves the Navy, had been the Commanding Officer of the vessel. Perera now holds the Commodore rank.
During the journey precautions were taken to ensure the safety and security of the President and the First Lady. Although the crew hadn’t been aware that they would be entrusted with such a sensitive task at a time the country was in crossroads against the backdrop of an economic collapse and sovereign default, there were fears of the crew being affected by propaganda in support of regime change operation.
The attempt made by sailor Wijemuni Vijitha Rohana de Silva to cause harm to Indian Prime Minister Rajiv Gandhi, way back in July, 1987, underscored the necessity to take precautions during the Colombo-Trincomalee journey as the possibility of anti-Gotabaya campaign having an impact on at least some members of the ship crew couldn’t be ruled out.
On July 30, 1987, during a guard of honor in Colombo, the 21-year-old naval rating struck Gandhi on the shoulder and back with the butt of his rifle. Gandhi narrowly avoided the full impact of the blow by evasive ducking.
On the invitation of VA Ulugetenne, Gotabaya Rajapaksa attended all the formalities in respect of a visit undertaken by the President to the Trincomalee Navy base. The President participated in those formalities knowing that he couldn’t attend the commissioning parade that was scheduled to be held on 15 July, 2022. The Navy was not in a position to put off the commissioning parade hence the decision to invite Defence Secretary Gunaratne as the Chief Guest.
Ulugetenne retired from active naval service on 18 December, 2022, following a distinguished career, spanning over 37 years. He received the appointment as the 24th Commander of the Navy in July, 2020, just a couple of months after Gotabaya Rajapaksa’s election as the President.
Wickremesinghe, in his capacity as Gotabaya Rajapaksa’s successor, appointed Ulugetenne as Sri Lanka’s Ambassador to Cuba. The appointment was made in late 2023 and the retired Navy Chief presented his credentials to Cuban President Miguel Díaz-Canel on 13 February, 2024 (https://island.lk/from-fonseka-convictions-to-arrest-of-ulugetenne/)
However, within weeks after the last presidential election held in late November, 2024, the NPP government recalled over a dozen top envoys appointed by the previous administration. Admiral Ulugetenne was among them. The government deprived a decorated officer, who had served the country for nearly four decades, from completing his term in Havana. Within months after his return, he became the target of a murder investigation.
Then out of the blue the retired Navy Chief became the focus of a murder investigation, that, too, post-war. The Criminal Investigation Department (CID) arrested him on 28 July, 2025, over the disappearance of a person reported in July, 2020.
Kurunegala High Court Judge Tikiri Jayatilleke, on 14 October, 2025, granted him bail. Jayatilleke declared that the CID acted in an illegal manner in respect of the former Navy Commander. His counsel Kalinga Indatissa, PC, alleged in court that his client had been apprehended only on the basis of an ex-LTTE cadre’s allegation in the absence of any evidence
The next hearing is scheduled for 08 July, 2026. Ulugetenne was held at the Kegalle Prison for four days and then transferred to the Dumbara (Pallekale) Prison. Altogether, he was in prison for 80 days, like a common criminal, despite him being a former Navy Commander with an unblemished career record.
Wartime Chief of Naval Intelligence, Rear Admiral (retd) Sarath Mohotti, who had been also arrested in connection with the same investigation, was also granted bail, a few weeks later.
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