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Midweek Review

Sirisena, SLFP enmeshed in Easter Sunday fallout

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The then President Maithripala Sirisena arrives at the PCoI accompanied by his lawyer Maithri Gunaratne, PC.

The Sri Lanka Freedom Party (SLFP) is desperate to reach a consensus with political parties in the Opposition. But the Opposition is very much reluctant to do so due to the SLFP leader Maithripala Sirisena’s fickle past and now again under intense fire over the 2019 Easter Sunday attack. Field Marshal Sarath Fonseka, no stranger to controversy, especially to his advantage, having served Sirisena’s cabinet during the Yahapalana administration, called the former President the mastermind of the Easter carnage. The SJB Chairman, who is now at loggerheads with the party, declared in Parliament that there were two masterminds. One was Gotabaya Rajapaksa and the other Maithripala Sirisena. Jathika Jana Balawegaya leader Anura Kumara Dissanayake flayed Sirisena for being so petty-minded that he sabotaged the National Security Council over his personal dispute with the then Premier Wickremesinghe.

By Shamindra Ferdinando

Sri Lanka Freedom Party (SLFP) Chairman Maithripala Sirisena, MP, recently accused ousted General Secretary of the party, parliamentarian Dayasiri Jayasekera, unceremoniously kicked out by him, of seeking to contest the next presidential election. The former President (2015-2019) claimed that the Kurunegala District lawmaker pursued political ambitions at his expense, regardless of the consequences. Therefore, as the Chairman of the Party he had no option but to thwart the conspiracy hatched by a group of conspirators.

The accusation was made during a live interview on Salakuna, anchored by Chamuditha Samarawickrema, who served the then President Sirisena as his Media Director. At one point, visibly upset Sirisena accused Samarawickrema of being part of the growing conspiracy to ruin his political career.

During the no holds barred interview, the Hiru panel relentlessly pressed the former President over his failure to prevent the 2019 Easter Sunday attacks, the simmering turmoil in the SLFP, with the focus on his battle with Jayasekera, and future plans. Jayasekera has been removed from the position of General Secretary and his party membership suspended at the same time.

Sirisena strongly defended repeated accusations that he caused the ruination of the SLFP from the commanding position of 144 MPs in 2010 to just one elected on the SLFP ticket at the last general election in August 2020, whereas the remaining 13, including himself, entered parliament on the SLPP ticket.

Sirisena attributed that victory to Sri Lanka’s triumph over the Liberation Tigers of Tamil Eelam (LTTE) in May 2009. The UPFA recorded a significant increase of 39 seats since the 2004 general election. The UNP-led UNF secured 60 seats, a decline of 22. The Tamil National Alliance (TNA) obtained 14 seats, down from the 22 they won in 2004, and Sarath Fonseka-led DNA, contesting for the first time, won seven seats.

Responding to the Samarawickrema-led Hiru panel, Sirisena repeated a range of allegations against war-winning Army Commander Sarath Fonseka who was also accused of conspiring against the SLFP leader. Sirisena repeated accusations against Fonseka in Parliament recently that during the Army Chief’s much publicized visits to Kilinochchi during the war, the Sinha Regiment officer hid in a concrete bunker.

Perhaps the most astonishing declaration the embattled President made during that interview was his readiness to reach a consensus with UNP leader and incumbent President Ranil Wickremesinghe. Sirisena indicated he was ready to cooperate with anyone as political parties sought alliances. Let me stop the comment on ‘Salakuna’ interview and examine the challenges Sirisena faced as he struggled to navigate choppy waters.

The ex-President exploded when Samarawickrema accused him of lying regarding his visit to Singapore in April 2019. The ex-presidential aide played a voice recording of Sirisena claiming that he was on holiday in Singapore soon after he told the interviewers of visiting Mount Elizabeth Hospital for a medical check-up. Saramawickrema pointed out that the bills were paid by the President’s Fund belonging to the people.

The reality is that the SLFP has been reduced to just one MP Angajan Ramanathan elected from the Jaffna district and may find it extremely difficult to finalize an agreement in time for the presidential election. Sirisena realizes the pathetic state his party is in as the seniors are keen to face the future under Wickremesinghe’s leadership. The growing criticism of Sirisena’s conduct in the run-up to the Easter Sunday carnage, and after, has caused irreparable damage to Sirisena. The bottom line is Sirisena is a liability. The SLFP cannot under any circumstances expect to reach an electoral alliance with any political party represented in Parliament as long as Sirisena remained the leader. That is the undeniable truth. Unfortunately, Sirisena seems to be in a dream world of his own incapable of comprehending the political environment or the utterly desperate situation he is in.

Kilinochchi concrete bunker

Did the Army Chief visit Kilinochchi often during the war? In spite of being a member of the Cabinet and Acting Minister of Defence on a number of occasions during the war, Sirisena seems to be clueless regarding even the basics in military strategy or what really happened. Kilinochchi, which served as the outward LTTE headquarters, where foreign and local visitors were entertained, was not liberated till January 2009. In fact, the then Lt. Gen. Fonseka hadn’t visited Kilinochchi until the Army brought the LTTE bastion under its control. He no doubt personally directed frontline operations from Colombo often bypassing many top officers in the command structure. He even had the habit of giving orders directly to small brigade-type operations led by lieutenant colonels using CDMA phones as he knew Tigers were monitoring all their radio communications. In one instance we can recall that when we reached the base camp of one such unit advancing north of Vavuniya, parallel to A-9 highway one evening, Fonseka came on line while we were meeting the lieutenant colonel leading that push and immediately attention was drawn to field maps on the improvised table there and the Army Commander without wasting any formalities started asking why they had not completed a certain task assigned to them that day, the poor Lt. Col. literally stammering said they had run into a minefield and immediately Fonseka shouted back and pointed out that there is a nearby trail used by lumber thieves and for them to advance along that to bypass the minefield. And that is how Fonseka, who knew the northern terrain like the back of his hand, won the war that many experts said was unwinnable by our security forces.

But the tragedy is that Field Marshal Fonseka has forgotten how that dream victory was made possible by the tremendous unstinted backing he had received from the then political and security forces leaderships. Earlier capable Generals like Denzil Kobbekaduwa, Wijaya Wimalaratne et al were handicapped by being sabotaged from within or having eccentric political leaderships at the apex, especially with the likes of Presidents Ranasinghe Premadasa and Chandrika Bandaranaike Kumaratunga, while the former was overly punctual, the latter basically had no sense of time.

A retired Special Forces officer holding middle-level rank confirmed that the Army Chief flew to Kilinochchi on the morning of April 16, 2009, along with President Mahinda Rajapaksa and Defence Secretary Gotabaya Rajapaksa. Kilinochchi was brought under military control in the first week of January 2009. The Army Chief visited Vanni east again only after the successful conclusion of the war on May 19, 2009. Therefore, there couldn’t be any basis for Sirisena’s claim that the Army Chief sought to build his image by flying into Vanni often as that was simply not possible with a formidable enemy like the LTTE dominating Wanni, except for periodic strikes by the Army’s deep penetration units that eliminated some key Tiger leaders. After the Army Chief’s visit to Kilinochchi on April 16, 2009, the LTTE lasted less than five weeks.

The war-winning President Mahinda Rajapaksa declared in Parliament on May 19, 2009, “When I won the Presidential Election in 2005 there were LTTE police stations in the North and East. There were Tiger courts. What was missing was only a Tiger parliament. Today we have finished all that forever.”

Sirisena should be especially ashamed that he didn’t at least bother to verify such serious accusations before going public.

The SLFP cannot further delay making a proper assessment of the impact of Sirisena’s culpability as well as negligence on his part pertaining to the Easter Sunday carnage. Sirisena, in addition to being the Commander-in-Chief of the Armed Forces and Defence Minister, held the Public Security portfolio at the time the National Thowheed Jamaat (NTJ) mounted a spate of suicide attacks.

In spite of repeated requests by the coalition partner UNP, Sirisena declined to swear in their nominee though he accepted Ranil Wickremesinghe as the Premier following the Supreme Court declaration of December 13, 2018. Sirisena hasn’t been able to explain his actions though he is bombarded with questions.

Political uncertainty caused by the Sirisena-Rajapaksa alliance, too, may have influenced the NTJ strategy. The Supreme Court ruled that Sirisena’s decision to dissolve Parliament 20 months before the end of its term was unconstitutional. A full seven-judge bench unanimously declared that the President couldn’t dissolve Parliament until it completed a four-and-a-half-year term.

Sirisena’s actions should be examined taking into consideration three major developments in 2015. (1) The President being compelled to accept Singaporean Arjuna Mahendran as Governor of the Central Bank (2) Dissolution of Parliament in late June 2015 to prevent the Committee on Public Enterprises (COPE) from tabling special report on the first Treasury bond scam perpetrated in late February 2015, no sooner the Yahapalana government assumed office and (3) Sirisena, in his capacity as the Chairman of the SLFP delivered a knockout blow to his own party by declaring that Mahinda Rajapaksa wouldn’t be appointed Prime Minister even if the UPFA won the election.

The last above declaration by Sisisena was meant to dishearten Mahinda supporters. The President obviously wanted to ensure the victory of those who fielded him as the common candidate at the 2015 presidential election. The coalition consisted of the UNP, TNA, JVP, SLMC and other smaller minority parties, all backed by an influential section of the civil society, well-funded by the West. Sirisena’s move restricted the UPFA total to 95 seats, including 12 National List slots whereas the UNP secured 106 seats. The UNP group included 13 National List seats. Sirisena allies TNA won 16 seats, JVP 06, EPDP 01 and SLMC 01. Today both the UNP and SLFP have been reduced to just one MP.

A debilitating setback

There is consensus among the Opposition that the SLFP cannot be part of a coalition against the backdrop of the Supreme Court ordering Sirisena to pay a sum of Rs 100 mn as compensation to the Easter Sunday victims. The apex court in a judgment delivered on January 12, 2023 ordered Sirisena, four officials and the State to pay compensation amounting to Rs. 311 million rupees.

That unprecedented move compelled the Opposition (SLPP rebels, including those in the Uththara Lanka Sabhagaya) to ask Sirisena to take the SLFP out of a coalition formed in January this year to contest indefinitely the postponed Local Government polls.

Sirisena is on record as having said that rebel SLPP lawmakers, Prof. G. L. Peiris and Dullas Alahapperuma visited him at his official residence in the wake of the Supreme Court ruling and requested him to quit the ‘Helicopter’ alliance. They wouldn’t have done so without consulting other constituents.

The ground reality is that the Opposition now found it difficult to accommodate the SLFP in a coalition at any level. The party lacked the strength to go it alone for obvious reasons. The continuing dispute between Sirisena and Jayasekera should be examined against the backdrop of Ports, Shipping and Aviation Minister Nimal Siripala de Silva’s success at the High Court of Civil Appeal.

The SLFPer thwarted bids made by Sirisena and Jayasekera, in their capacities as the Chairman and General Secretary of the SLFP, respectively, to prevent him from functioning as Senior Vice President of the party. Silva and the majority of those who had been elected to Parliament on the SLPP ticket, have pledged their allegiance to President Wickremesinghe. In fact, with the removal of Jayasekera, Sirisena appeared to have deprived himself of an apparatus capable of even basic organizational work.

The Presidential Commission of Inquiry (PCoI) into the Easter Sunday carnage, in its final report, made a damning recommendation pertaining to Sirisena. For some strange reason, Sirisena continued to downplay the severity of the PCoI recommendation. Declaring that Sirisena failed in his duties and responsibilities and his failure went beyond mere civil negligence, the PCoI advised the Attorney General to consider instituting criminal proceedings under any suitable provision in the Penal Code. (Final report, Vol 01, p 265).

Sirisena’s efforts to consolidate his position in the party with an eye on the next presidential election appeared to have collapsed due to the Easter Sunday fallout. Minister de Silva challenged in court the legality of constitutional amendments pertaining to the party. In his capacity as the Chairman, Sirisena sought the power to reconstitute the party Central Committee by nominating 35 members of his choice, increase the number of Vice Presidents to 14 and Senior Vice Presidents to seven. Sirisena also sought unilateral authority to remove any office bearer.

Sirisena appeared to have blundered by calling for UN intervention/assistance in the wake of Channel 4’s wild claims that the Easter Sunday carnage was facilitated by State Intelligence Service (SIS) and the Directorate of Military Intelligence (DMI) helped SLPP candidate Gotabaya Rajapaksa to win last presidential poll conducted in November 2019. As that accusation had been made even before the presidential election, Sirisena owed the public an explanation why his party contested on the SLPP ticket at the subsequent general election held in August 2020. Sirisena appeared to have tied himself in knots with his illogical greedy strategy.

The former President lacked both time and space to address issues at hand, the latest being the accusations pertaining to the General Secretary of the party trying to oust him. Sirisena has refused to disclose the names of those involved in the alleged bid to oust him. Perhaps, Sirisena has quite conveniently forgotten how he betrayed Mahinda Rajapaksa in late 2014 just a couple of weeks before the presidential poll and morning after enjoying a sumptuous string hopper dinner with the Rajapaksas at Temple Trees.

Difficult road ahead

Sirisena needs to take stock of things. This should be done without further delay as pressure builds-up on his party to address issues arising out of the Easter Sunday carnage. The former President must realize that the party will continue to suffer as long as he remains as its leader. Wickremesinghe under any circumstances wouldn’t accept the SLFP as long as Sirisena served as its Chairman though the PCoI also strongly criticized Wickremesinghe’s own response to growing Islamic extremism here.

The PCoI observed that Wickremesinghe’s approach towards Islamic extremism was one of the primary reasons for the failure on the part of the government to neutralize the threat. Wickremesinghe’s approach facilitated the build-up of Islamic extremism and caused the Easter Sunday carnage (Final report, Vol 01, p 276-277). However, the PCoI refrained from making any specific recommendation in respect of Wickremesinghe. The Catholic Church has publicly questioned the failure on the part of the PCoI in this regard.

Of the politicians investigated by the PCoI and whose names transpired in the Easter Sunday coverage, Sirisena seems to be the only one really affected. Had Field Marshal Sarath Fonseka or a UNP member served as the Law and Order Minister at the time of the Easter Sunday attacks, Sirisena could have exploited the situation. The civil society grouping that backed Sirisena’s candidature at the 2015 presidential backed Fonseka as the Law and Order Minister. Before Sirisena brought that portfolio under himself, Tilak Marapana, PC (not in active politics now), Sagala Ratnayake (Security Advisor to the incumbent President) and Ranjith Maddumabandara (General Secretary of the Samagi Jana Balawegaya) served as the Law and Order Minister.

Sirisena cannot absolve himself of the responsibility for political instability caused by the constitutional
coup that may have influenced the NTJ. The live interview with Samarawickrema has further weakened Sirisena’s position. The former President struggled to convince the interviewer that both the Presidential Security Division (PSD) and the Prime Ministerial Security Division (PMSD) hadn’t been aware of the warning given by the Indian intelligence service on April 04, 2019. But many others, like present Tourism Minister Harin Fernando, had been aware of the threat through other channels. In fact his late father had told him not to attend church on that fateful Sunday because of the pending threat. It being such an important date in the Christian calendar even many of those aware of the threat would have ignored the warning as a mere crying wolf.

The shocking revelation how SLFPer and ex-UPPA MP Shantha Bandara, in his capacity as an aide to the then President Sirisena, extended support to those who managed a factory where the suicide jackets were alleged to have been produced, further tarnished the SLFP’s image. Bandara is among the 13 SLFPers elected on the SLPP ticket in the current Parliament. Interestingly, Sirisena accommodated Bandara on the UPFA National List after M.L.A.M. Hisbullah resigned in the first week of January 2019 to receive appointment as Governor of the Eastern Province. This appointment was made just four months before the Easter Sunday blasts. Hisbullah was among those politicians who appeared before the PCoI after having been examined by the Parliamentary Select Committee (PSC) on the Easter Sunday carnage. The PCoI, having asserted that Hisbullah facilitated the spread of ‘extremism within Kattankudy’ has now got back the massive building complex in the East meant to house a private Shariah University that had been built with no expenses spared, thanks to secret lavish funding from Arab donors!

Recently, the Wickremesinghe-Rajapaksa government handed back the Batticaloa University that had been brought under the military after the Easter Sunday killings to Hisbullah despite the skullduggery involved from the word go. Perhaps a separate article based on proceedings of PSC and PCoI relating to the private Batticaloa University may help those really interested in the issues at hand to understand how politics transcends ‘everything.’



Midweek Review

Govt. failure to fill top two courts’ vacancies leaves Judiciary in a conundrum

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Supreme Court of Sri Lanka

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.

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Midweek Review

The Legacy Lost

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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

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Midweek Review

July 09: An inexcusable overall security failure and exceptional contingency plan

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A massive throng of people inside the President's House after mobs forced Gotabaya Rajapaksa to flee on 09 July, 2022

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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