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Editorial

The carnival will continue

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Nobody would be surprised that both India and Japan are most unhappy about the Government of Sri Lanka (GOSL) allowing itself to be stampeded by port and other unions, together with a section of the Buddhist clergy, to abandon its commitment to develop and run the East Container Terminal (ECT) of the Colombo Port as a 51-49 percent joint venture (JV). The Sri Lanka Ports Authority (SLPA) was to retain its controlling interest and would thereby have collected over half the profits earned by the JV. Moreover, the minority shareholder would have funded the completion of the phase two of the project involving the building a second 600 m berth to supplement the 450 m berth already commissioned. This involves a massive investment of billions of rupees that an already debt-strapped economy cannot afford. Foreign investment and assistance for this purpose in the context of the first fiasco is most unlikely. All the wrong signals have been given.

A lot of false propaganda that the country’s national assets are being sold, with ECT being touted as the latest such instance, was allowed to gather steam during the controversy that has now reached its unhappy conclusion. Eventually the unions railroaded the government into giving in and announcing that the project will be totally handled by the SLPA which will manage and develop the terminal at its own expense. This has been hailed as a great victory. Sowing the wind by caving into union and other pressure will result in having to reap the whirlwind resulting in many dangerous implications for future governance. The unions having already had the first taste of blood, can surely be expected to look for more. They, together with others who helped scuttle the ECT deal, have already indicated that they would do as much over the development of the West Container Terminal (WCT). Having withdrawn from its original commitment, the government has indicated that 85% of WCT would be granted to Indian and other investors in an attempt to win them over. But this obviously placatory measure, which some of the unions and their backers are saying they would resist, does not seem to have any buyers. Sri Lanka’s former High Commissioner to Delhi is on record saying that India rejected WCT in 2018.

The agreed ECT arrangement covered a 35-year period during which the SLPA would have received handsome royalties and dividends from the yet incomplete deep water terminal. Management, technical and marketing expertise that the country woefully lacks would have flowed in. On top of that, the foreign partners would have completed the second phase of the project with no investment from the government. Both Japan and India are friends we cannot afford to lose. For many years Japan has been one of our biggest aid donors, if not the biggest, with grant and concessional loans running into billions extended. Good relations with India must necessarily be a cornerstone of our foreign policy, a reality that government’s of different political complexions have long acknowledged. Give the looming crisis in Geneva in March, this is hardly the time to antagonize Big Brother. While Japan has restricted itself to diplomatically expressing “regret” for what has happened, India has been less restrained with its High Commission in Colombo, obviously with the nod from New Delhi, issuing a strong statement in this regard.

A lot of geopolitics is involved in the ECT matter. China’s presence with an 85 percent interest in the Colombo International Container Terminal (CICT), with SLPA holding the balance, obviously influenced India’s interest in a countervailing presence here. Over and above that, the lion’s share of the Colombo Port’s activity involves transshipment to India. This would logically favour an Indian role in the business. The unions did not resist the arrangements at CICT, or even the 99-year lease of the Hambantota Port to China. But their approach to ECT was totally different. Undoubtedly India’s intervention in Sri Lanka’s ethnic crisis and the civil war which followed fueled nationalist sentiments, including from the Buddhist clergy, that strongly supported opposition to the Indian entry into the Colombo port. Japanese participation, as agreed, would have helped dilute such concerns. But in the event, the unions threatening strike action pushed the government to the wall. The result was the scuttling of the 2019 trilateral agreement between the governments of Sri Lanka, India and Japan.

As much as eight billion rupees of SLPA’s revenue, according to its 2018 annual report (the latest available), comes from the privately managed South Asia Gateway Terminal (SAGT) and CICT that are privately run. The Jaya Container Terminal (JCT) SLPA manages is inefficient and its profitability is not commensurate with revenue. As is the case with most state-run enterprises in this country, JCT has over 10,000 employees when the actual requirement is 3,000 by the admission of the SLPA chairman at a recent television talk show. This is the result of politically motivated ‘jobs for the boys’ philosophy that has bedeviled state enterprise in our country. An article we run today arguing that the government should have honoured its agreement on ECT with India and Japan, points out that the two privately owned terminals in the Colombo port handles more than twice the volume of containers handled handled at the SLPA-managed JCT. It says that according to SLPA figures, around Rs. 20 billion is paid annually to less than 9,000 employees averaging Rs. 2.2 million per employee. No wonder then that port employees want the carnival to continue.



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Editorial

The strange case of Kanjipani Imran

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Thursday 16th July, 2026

Occasions are not rare when absurd twists and turns in Sri Lanka’s legal system remind us of Mr. Bumble, the famous Dickensian character, who declared, “The law is an ass”. The police arrest criminals, after months of meticulous planning, risking their life and limb, but the latter obtain bail, go into hiding, either here or overseas, and continue to run their illegal operations. The police have to launch fresh operations to arrest the criminals on the run.

The police have sought information about Mohommad Najim Mohommad Imran alias Kanjipani Imran, who is wanted under an INTERPOL Red Notice. He is running his criminal operations from overseas, according to a report published in this newspaper yesterday. It defies comprehension why he was released on bail in 2021 though it was patently clear that he would flee the country.

Quoting the police, our news item has said intelligence reports point to links between Imran and international terrorist organisations as well as major mafia syndicates, which enable him to use transnational networks and technology to manage drug trafficking and other criminal operations.

Much is being spoken these days about the need to strengthen public confidence in the judiciary. There is no gainsaying that everything possible must be done to preserve the integrity and dignity of the judiciary. Worryingly, some issues crop up, making one wonder whether a section of the law enforcement authorities and some members of the legal fraternity bend the law to safeguard the interests of wealthy underworld figures at the expense of the judicial process and public security.

The police and the state prosecutor take great pains to prevent some suspects, especially the political opponents of governments in power, from obtaining bail. They invoke all laws and come out with various arguments to have such suspects held on remand for extended periods. Instances abound where their investigations get underway in earnest only after suspects are arrested and remanded for weeks, if not months, while ruling party politicians conduct social media trials, as it were, and declare the suspects guilty, with no heed for the presumption of innocence or the fact that public speculation is prohibited when cases are sub judice.

When Imran was arrested in Dubai and extradited in 2019, it was widely thought that he would have his work cut out to secure bail because Sri Lanka police and their UAE counterparts had worked tirelessly for months to arrest him and Makandure Madush, known as Sri Lanka’s Napoleon of Crime, and bring them here. Madush was shot dead while in custody, and the then government claimed that he had been caught in the crossfire between police and an underworld gang while being taken to a place where a haul of narcotics was believed to have been buried. It is doubtful whether the discerning public bought into that claim.

The news of Imran being released on bail raised many an eyebrow. We said in an editorial comment dated 02 January 2023 that having secured bail he would flee the country and carry out his illegal operation from overseas as other criminals did.

However, Imran is not the only criminal to have jumped bail and fled the country. Janith Madushanka de Silva alias Podi Lasi, a dangerous underworld character, fled to India after being released on bail in 2024. He even claimed that his life was in danger and asked for police protection. It was obvious that he would flee the country, and he did so soon afterwards. One may recall that in 2020, while being detained at the Boossa high-security prison, he and two other criminals, known as Kosgoda Tharaka and Pitigala Keuma, threatened to kill the then President Gotabaya Rajapaksa, Defence Secretary General Kamal Gunaratne and several senior prison officers. Podi Lasi bragged that their private armies were capable of striking anywhere at will. He was arrested in India and brought back in 2026. Thus, criminals are caught, released and caught again. Now, the police are trying to arrest Imran.

Only a thorough probe into the circumstances that led to the release of Imran on bail will reveal how he managed to manipulate the legal process and flee the country.

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Editorial

Missteps can lead to pratfalls

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Wednesday 15th July, 2026

The JVP-NPP government’s efforts to increase the retirement ages of the judges of the Supreme Court (SC) and the Court of Appeal (CA) has triggered an avalanche of criticism. The Judicial Service Association of Sri Lanka (JSASL), which represents all District Court judges and Magistrates in the country, has also opposed the government move. It has written to President Anura Kumara Dissanayake, informing him of its decision. However, the government remains unresponsive.

Ironically, the JVP affronted elderly politicians and officials in previous administrations, claiming that they were past their productive years and therefore had to be put out to pasture. But no sooner had it formed a government in 2024 than it brought two former police officers, Ravi Seneviratne and Shani Abeysekera, out of retirement and elevated them as the Secretary to the Ministry of Public Security and the Director of the CID, respectively, because they were members of the NPP’s Retired Police Collective. Its action compromised the integrity of the CID and the Ministry of Public Security. Now, it is trying to extend the retirement ages of some members of the judiciary selectively.

Several leading lawyers’ associations, both local and foreign, prominent political leaders and legal luminaries have unequivocally taken exception to the government’s proposed plan to amend the Constitution to extend the tenure of the SC and CA judges. The Bar Association of Sri Lanka (BASL) is leading the campaign against the government plan at issue. Its arguments are cogent. The Colombo Law Society has also asked President Dissanayake not to proceed with the proposed constitutional amendment and warned that such a move could undermine public confidence in the judiciary. The Colombo High Court Lawyers’ Association has also called upon the government to abandon its controversial plan which, if implemented, will undermine judicial independence, disrupt career progression within the judicial service, and erode public confidence in the judiciary. The opponents of the government’s questionable move also include LAWASIA (the Law Association for Asia and the Pacific), which consists of regional association of lawyers, judges, jurists, legal academics and legal organisations in the Asia-Pacific region, and the Commonwealth Lawyers’ Association, which promotes the rule of law, an independent legal profession, access to justice, human rights and high standards of legal ethics.

All arguments put forth by the aforesaid legal associations are compelling. They have pointed out that a change benefiting sitting judges could create a perception of favouritism; judicial tenure is closely linked to the separation of powers and constitutional safeguards; any reform should follow broad consultation rather than a rushed constitutional amendment, and existing vacancies numbering four each in the SC and the CA, should be filled immediately through proper appointments rather than extending the tenure of current judges.

One may recall that in 2024, the then Speaker Mahinda Yapa Abeywardena told Parliament that following the resignation of President Gotabaya Rajapaksa at the height of Aragalaya, in July 2022, a foreign envoy and a group of Sri Lankans had striven to pressure him into appointing himself Acting President in violation of the Constitution, and their intention had been to plunge Sri Lanka into anarchy, like Libya. Tens of thousands of protesters were trying to march on Parliament at that time. The JVP has admitted that it sought to lead those protesters to Parliament. Luckily, Sri Lanka did not become Asia’s Libya in 2022, but four years on, under a JVP-led government, it runs the risk of facing the same fate as Zimbabwe!

Addressing a recent BASL public forum, CLA President Steven Thiru warned that Sri Lanka would risk repeating Zimbabwe’s judicial crisis if it went ahead with its controversial plan to extend the retirement ages of sitting judges arbitrarily. If Sri Lanka proceeded with an ad hoc, non-transparent extension of Superior Court judges’ tenure without a broad consultative process, it risked plunging its legal system into a crisis of legitimacy similar to that in Zimbabwe, he warned.

The government must abandon its ill-conceived plan to amend the Constitution to extend the tenure of the superior court judges. Instead, it must take steps to fill the vacancies in the SC and the CA. Let it be warned that missteps can lead to pratfalls.

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Editorial

Millers’ Rolls-Royces and farmers’ tears

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Tuesday 14th July, 2026

Paddy farmers have refused to sell their produce to the Paddy Marketing Board (PMD) at the prices offered by the government. They are demanding better prices in view of increasing production costs, and their protests are gathering momentum. Their consternation is understandable. They backed the JVP-led NPP to the hilt, enabling it to win elections, expecting it to liberate them from the clutches of unscrupulous millers. Today, big-time rice millers are buying Rolls-Royces and helicopters while farmers are mortgaging their houses and tractors, unable to recover production costs.

Protesting farmers have claimed that although the government has offered to buy paddy, most of its warehouses still have stocks of paddy purchased during the Maha season. Even if storage facilities are available, the government can buy only 2% of the national paddy production, according to the PMD officials. So, how can the government make an effective market intervention to safeguard the interests of paddy farmers and consumers? It apparently does not explore other ways and means of preventing wealthy millers from exploiting paddy farmers and consumers.

Powerful rice millers, who bankroll election campaigns of main political parties, leverage their political connections to protect their interests. Reams have been written about how they manipulate governments to facilitate exploitation. They create rice shortages a few weeks before the commencement of every paddy harvesting period, prompting governments to import rice. Thereafter, they release some of their stocks into the market, bringing the prices of rice down so that they can buy paddy from farmers at very low prices. When their rice enters the market, imported rice in government warehouses rot and end up in breweries or animal feed factories. Governments, capitalist or socialist, are wary of antagonising the powerful millers for obvious reasons.

Curiously, President Anura Kumara Dissanayake has recently argued that Sri Lanka should diversify the uses of locally produced rice by manufacturing more value-added products. He has said rice can be used for producing beer and animal feed among other things. The government has cancelled a gazette notification that prohibited the use of rice as a raw material for beer and animal feed. Rice-based food products are common in this country, and the use of rice for manufacturing them does not adversely affect the public. However, the lifting of the aforesaid ban could lead to unforeseen problems.

The question is whether it is advisable to allow a water-intensive crop, raised with subsidised fertiliser, etc., to be used for manufacturing beer or animal feed when alternative raw materials are available. Is the government capable of regulating the paddy and rice markets to prevent a situation where the manufacturers of beer and animal feed will act in a way that may lead to a shortage of rice?

It is hoped that the government will be able to build sufficient buffer stocks of paddy, particularly in view of the current El Niño phenomenon, which is expected to adversely impact rainfall here. El Niño drastically changes predictable weather patterns and poses challenges for agriculture and water resources, experts have warned.

If the government is planning to divert a part of the local rice production to breweries and animal feed factories due to storage issues, as claimed in some quarters, it should seriously consider abandoning its plan and expanding its warehouse network by rebuilding the PMD storehouses, most of which went to wrack and ruin under UNP governments, following the 1977 regime change or were destroyed by the JVP during its second uprising in the late 1980s.

Minister Bimal Rathnayake has gone on record as saying that unlike in the past, today there are ‘tons and tons of money’ in the state coffers. If so, there is no reason why the government should not utilise a fraction of those funds to help the hapless farmers struggling to keep their heads above water and develop the PMD so that it will be able to regulate the paddy and rice markets and safeguard the interests of rice growers and consumers.

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