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Editorial

The Colombo Port City

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However hard the government tries to claim that it won a famous victory in getting through the legislature the controversial Colombo Port City Bill, now an Act of Parliament following its certification last week by Speaker Mahinda Yapa Abeywardena, the fact remains that the Supreme Court (SC) found as many as 25 of its 74 clauses in conflict with the constitution. This is more than a third of the Bill that was originally presented and has been described as a “stinging rebuke” by critics. The SC held that many of the clauses, if not amended, required a two thirds majority of the House for their enactment; and there were others that required both the special majority plus the people’s consent at a referendum. It goes unsaid that the government will under no circumstances wade into a referendum. If we by some miracle have one, people will not bother about any Port City question that is put. They will vote on whether they do or do not want the incumbent government to remain in office. That is reason enough for any government to avoid referendums like the plague.

As promised, the impugned clauses were amended in line with SC guidelines to pass muster. After that, there was no need for the two thirds majority – which the government failed to get by a single vote – or any referendum. Readers will remember the one referendum we had was when the J.R. Jayewardene government asked the people to vote for either the ‘pot’ or the ‘lamp’ to indicate whether they consented to extend the massive mandate JRJ won in 1977. He asked for authority to continue to hold, without an election, the five sixths majority he won in that unprecedented landslide. That was in 1982 and the then incumbent Parliament got six more years without an election. There were numerous allegations that the referendum was rigged but nothing was proved. But it was as clear as daylight to anybody with eyes to see that the prohibition on the display of symbols was flagrantly violated.

It is true that JRJ applied some whitewash over this highly undemocratic act of canceling an election. He did that by requiring sitting ruling party MPs who could not carry their constituencies when he sought re-election (actually a misnomer as we will presently explain) in 1982 and the referendum that followed some weeks later. The misnomer is that he was not elected president in 1977. He was elected prime minister and was later “deemed” president by his 1978 constitution creating the executive presidency. Even in the whitewashing, there was dilution. Then Finance Minister Ronnie de Mel was exempted from facing a by-election and moved from Devinuwara to Bulathsinhala and no by-election was held at Panadura, out of the fear of Dr. Neville Fernando elected on the UNP ticket in 1977, who later resigned from Parliament following differences of opinion with the president.

We have been told by government MPs that there was a miscount in the parliamentary voting on the Bill and an inquiry of whether this was so would be held. Although there were different tallies, none of them hit the magic 150 number which constitutes the two thirds majority in the 225-member legislature. Voting in Parliament is now electronic and not physical. Gone are the days of voice votes of ‘ayes’ and ‘noes’, MPs standing at their seats for physical counts, or the calling of names where a vote by name is called for. Mr. Dhammika Kitulgoda, a former Secretary General of Parliament had been appointed as inquirer into this matter but had not begun his inquiry as this is being written. However the government’s Information and Communication Technology Agency (ICTA) was called to investigate and a report, not yet published or publicized, had been presented. Readers will agree that if the finding was in favour of the government contention, this would not have been the case.

We run in this issue a call by Mr. Chandra Jayaratne, a former Chairman of the Ceylon Chamber of Commerce who headed the CTC Eagle Insurance Company when the Ceylon Tobacco Company was in the insurance business, calling for the creation of an Independent Parliamentary Counsel in this country. This institution exists in the United Kingdom and Australia and Jayaratne, a civil society activist sees the Port City Bill (now Act) as a good reason for Sri Lanka too setting up such an institution to carry out the duties now undertaken by the Legal Draftsman. The people of this country will join him is asking how a Bill, with more than a third of its clauses in variance with the Constitution, could have in the first place been gazetted and then presented to Parliament with such defects. It presumably went through the Legal Draftsman, Attorney General, Ministry of Justice and the Cabinet before it came to Parliament. In fact the state-controlled Daily News reported over a month ago that AG had informed the Secretary to the President that “provisions of the Bill are not inconsistent with the Constitution. The Bill is not subject to any prohibitions or restrictions imposed by the 13th Amendment to the Constitution and may be enacted by Parliament.” Thereafter when the various unconstitutional defects were being pointed by counsel supporting the 19 petitions before the SC, a series of intended amendments were presented.

We are all familiar with the police arresting suspects on Friday evenings so that they can be held in custody until Monday morning without being produced before a Magistrate. The Port City Bill was presented to Parliament in the middle of the New Year holiday season limiting the time-frame open for citizen to challenge it. Nevertheless 19 petitions were filed and considered by a five-judge bench of the SC that made a unanimous determination. Whether the creation of the institution promoted by Jayaratne will make any difference to mala fide acts of governments seeking political advantages, we doubt. Perhaps the Port City will make a difference to the economy of our country. But that is no excuse for attempting to push through legislation that is bad in law.



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Editorial

Conspiracies galore!

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Saturday 18th July, 2026

US President Donald Trump has accused China of interfering in the 2020 US presidential election and alleged “shocking vulnerabilities” in American voting systems. Speaking from the White House on Thursday, he repeated unsubstantiated claims about voter fraud and foreign meddling in the 2020 election, which he lost.

Trump claimed he had declassified hundreds of intelligence files which supported his claim that Beijing tried to sway the election in his rival, Joe Biden’s favour. However, the US intelligence agencies have concluded that China did not interfere in the 2020 election. One may recall that there were allegations of Russian interference in the 2016 US presidential election, which Trump won. After securing the presidency, Trump insisted that those allegations were false, politically motivated and an attempt to delegitimise his victory.

Trump’s allegation against China has come three months ahead of crucial US midterm elections, where the Republicans are expected to suffer a setback. Trump is doing everything in his power to prevent a situation that will make his position as a lame-duck President even weaker. So, it is only natural that he is concocting conspiracy theories and resorting to hard power projections, such as using military force, and economic coercion to influence other nations, in a bid to shore up the crumbling image of his government. However, it is doubtful whether his tactics will pay off.

Meanwhile, US Vice President JD Vance has accused a section of the Israeli government of trying to sway US public opinion against a peace deal to end the Iran war. He said so in an interview with a podcaster on Wednesday. Defending a deal that the US reached last month to end the war with Iran, Vance said, “I know beyond a shadow of a doubt that there have been people within the Israeli government who are trying to, like, actually shift us away from that policy because they want to continue the military campaign,” according to media reports. Vance’s allegation followed a Time magazine story that a former Trump campaigner had been hired to influence US views of Israel and the Iran war. Vance’s allegation is damning; he has called the Israeli efforts “very discreet, extremely well-funded campaign to try to derail the negotiation and try to derail the deal”.

That Israel does not want the US to enter into a peace deal with Iran is obvious. It wants the US to go on attacking Iran until there is a regime change in Tehran. Israeli Prime Minister Benjamin Netanyahu makes no bones about the fact that he was not well-disposed towards the interim peace deal signed between the US and Iran. The resumption of hostilities must have gladdened his heart as well as those of all other hawks in Washington and Tel Aviv.

There is no way Israel can prevent the US from signing a peace agreement with Iran if President Trump so desires strongly. What has stood in the way of efforts to end the Iran war is Trump’s intransigence. Iran is not without blame, but the US is to be blamed more for the resumption of war. Trump knows he cannot go on attacking Iran indefinitely for economic and strategic reasons. The US weapons stockpiles have to be replenished, and the economic cost of war is escalating. The war has also driven oil prices and the cost of living high in the US, much to the consternation of the US public, the majority of whom are against the ongoing war, which they think Israel manoeuvred the Trump administration into. Trump only made a virtue of necessity when he agreed to a ceasefire, but wanted to end the war on his own terms; he failed because Iran did not give in to US pressure.

As for the aforesaid ‘conspiracies’ Trump is in a position to order a thorough probe into the alleged Chinese interference in the 2020 US election and get to the bottom of it, and instead of blaming Israel, Vance can ask his boss, Trump, to stop attacking Iran.

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Editorial

Overwhelming fire power and stubborn resilience

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Friday 17th July, 2026

Israeli Prime Minister Benjamin Netanyahu must be on cloud nine. The US is now doing exactly what he wanted it to do; it is attacking Iran without Israeli involvement. Israeli officials have told the media that they do not expect Israel to become directly involved in the new phase of fighting though the Israel Defence Forces remain on alert should the conflict expand. This can be considered another dream come true for Netanyahu, who said after the first round of US-Israeli airstrikes which killed Iranian Supreme Leader Ayatollah Ali Khamenei that he had been dreaming of attacking Iran for 40 years.

What is unfolding in West Asia is an asymmetric conflict where the US firepower is far superior to that of Iran, which is resisting Trump’s “Epic Fury”. Tehran’s resilience is remarkable. The US cannot go on carrying out airstrikes indefinitely. Only a ground war will determine a clear winner.

Trump has threatened a ground assault in Iran, but he has the war powers resolution passed by the Congress recently to contend with. A ground operation won’t be a walk in the park. Deploying ground troops is a high-risk gamble that did not pay off for the US in Vietnam and Afghanistan. A steady flow of body bags from a foreign theatre of war that lacks popular support at home has the potential to unsettle any government.

Weapons stockpiles are not unlimited for any nation however mighty and wealthy it may be. The ongoing conflict has depleted the weapons inventories of both sides to it. However, it can be considered a matter of greater concern to the US than Iran in that Washington has to fire a large number of missiles at multiple targets in Iran as part of its strategy to keep Tehran under pressure. Michael O’Hanlon, who leads the Brookings Institution’s foreign policy research, has been quoted by the media as saying that the US weapons stockpiles are doubtlessly lower than Washington would prefer.

The Center for Strategic and International Studies, a Washington-based think tank, has reportedly said that by the time full-scale fighting between the US and Iran stopped in April, the Pentagon had fired at least half of its THAAD ballistic missile interceptors, nearly half of its Patriot air defence interceptors, and around 30% of its Tomahawk land-attack missiles. This revelation runs counter to President Trump’s boastful claim that the US has a never-ending supply of missiles. Besides, in March, Trump said that his officials had met the heads of US arms manufacturing companies and they had promised to increase production.

Military analysts are of the view that it could take between one to four years for the US to replenish its vital munitions stockpiles and restore them to the pre-Iran war levels, according to an Al Jazeera report. Speculation is rife in international defence circles that if the depletion of the US weapons stockpiles continues at this rate, Washington may find it difficult to face a military conflict elsewhere.

Global oil prices are rising again due to the closure of the Hormuz Strait. A US naval blockade will be of little use. The global economy will be the biggest loser. Oil supply disruptions will take a heavy toll on the US economy as well. The first phase of the Iran war sent the US fuel prices up, and the closure of the Hormuz chokepoint will make the situation far worse. Trump is fighting a war that a vast majority of Americans are opposed to, according to opinion survey results. US farmers have been complaining of production cost escalations due to the knock-on economic effects of the West Asia conflict, according to media reports. US midterm elections are due in a few months and the Republicans are not doing well on the political front.

The White House will have to justify the colossal amounts of funds being spent on the current war. The financial cost of the conflict is still being calculated, but according to some estimates the direct military cost ranges from about USD 40 billion to more than USD 100 billion, with equipment losses, base repairs and weapons replenishment being taken into account. The cost continues to escalate. These politico-economic factors will also have a bearing on Trump’s military campaign.

 

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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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