“As for our majority…one is enough” – Benjamin Disraeli
by Dharshan Weerasekera
Sri Lanka is in an unprecedented economic crisis. Prices of basic goods have skyrocketed and there are long lines for petrol, gas and cooking oil. The people are justifiably enraged and protests have erupted in Colombo and elsewhere. Unfortunately, some of these protests have turned violent. In this situation, a number of foreign governments have issued travel advisories and there has been a sharp reduction in tourist arrivals to this country.
This is regrettable because tourism is one of the few remaining means through which Sri Lanka can attract foreign funds and it has been on the rebound during the past few months after the country gradually opened following COVID-19 lockdowns. It is therefore vital that there should be fair and balanced commentary on the protests so that potential tourists could make informed decisions about whether or not to visit. Thus far, the coverage of events, including in the foreign media, has tended to focus on the sensational aspects of the protests.
In this article, I briefly discuss the context to the crisis and also the constitutional situation vis a vis the demands of the protesters and opposition Parliamentarians that the President resign and/or appoint an ‘interim government’ pending a general election. I argue that, though the Sri Lankan Constitution guarantees the right to protest and the right to express ones views, these things should not be used as a pretext for violence and as tools to overthrow the government. If people wish to change the government, it should be done within the four corners of the law, that is to say, through constitutional and not extra-constitutional means.
The Context to the Crisis
The present crisis did not arise in a vacuum and must be seen in the context of economic, social and political developments since independence but especially the last two years and the devastating impact on the economy following the Easter bombings of April 2019 as well as the COVID-19 pandemic since early 2020. One must also consider economic and political developments, including the ongoing war in Ukraine.
The three main staples of the Sri Lankan economy, in terms of foreign exchange earners are: a) tourism, b) remittances from overseas workers mainly in the Middle East and c) exports, especially in garments. All three were devastated over the last two years: tourism because of the Easter bombings, the other two because of COVID-19 lockdowns and related restrictions in travel and manufacturing.
Meanwhile, the government has had to spend an enormous amount of money to deal with the COVID-19 pandemic. This includes, among other things, maintaining quarantine centres and other facilities to treat patients, an accelerated vaccination campaign, providing financial assistance to low-income families during lockdowns, etc. A 2021 report by UNICEF says,”Prior to the crisis Sri Lanka was already facing challenges. In 2019, annual economic growth was 2.3 percent. Government revenues declined to 3.4 percent of GDP in 2020 the largest annual fall reported while government expenditures increased due to COVID-19 related expenses.” (Sri Lanka: Case Studies, October 2021, www.unicef.org).
Finally, the war in Ukraine has hit the Sri Lankan economy hard. It has hurt the tourist industry, tea exports and most importantly, because of the rise in oil prices, compelled the government to spend its dwindling foreign reserves. So, this is the context for the crisis. It is important in assessing the reasonableness of the demands of the protesters and opposition Parliamentarians.
The Constitutional Situation
The protesters and opposition Parliamentarians are demanding that the President resign and/or appoint an ‘interim government’ pending a general election. Are these demands reasonable? In my opinion they are not due to the following reasons.
Firstly, there is absolutely no evidence that the protesters and opposition Parliamentarians who are calling on the President to leave, speak for the majority of the country’s population.
It may be true that a majority of Sri Lankans are unhappy with the President at this moment because of the hardships they have to endure. However, it does not follow that all these people also wish him gone. For one thing, the President has invited any political party of coalition that can show 113 seats in Parliament to form a government. So far, there are no takers suggesting that the Opposition continues to be fractured and there is no consensus on a way forward. This would not be the case if they represented the will of the majority of the people.
Secondly, under our Constitution the President has the power to call for a referendum “on any matter which in the opinion of the President is of national importance.” (Article 86.) The threshold for winning a referendum is 50% of valid votes cast. If the protesters and opposition parliamentarians are confident that they have the backing of at least 50 percent of eligible voters they can ask the President to call for a referendum on whether or not he should resign. To my knowledge, they have not done this.
This suggests three things: a) they have not thought of this option, b) they do not think that they can muster 50% of the votes and c) they fear a referendum for some other reason. The first is unlikely because among the protesters and opposition parliamentarians are eminent lawyers and others who are experts on the Constitution. That leaves the other two options which amounts to the same thing, namely, they are afraid to take their case to the people.
Thirdly, if the President resigns precipitously it could create a power vacuum that can be exploited by interested parties. One cannot forget the lessons from Libya, Somalia, Sudan and elsewhere. The President has a duty to protect the Constitution which also implies protecting the national security and territorial integrity of Sri Lanka. It would be tantamount to dereliction of duty for the President to resign if there is the slightest possibility that it would compromise the national security and territorial integrity of this country.
Finally, to turn to the demand that the President appoint an ‘interim government’ pending a general election, the Sri Lankan Constitution does not provide for such an option. If a party or coalition cannot show a majority in parliament, the President can dissolve parliament and call for general elections. However, to the best of my knowledge the present government has shown that it has a majority, at least by a few. Therefore, the option of dissolution does not arise.
The President has appointed three of the most eminent experts on financial matters available to Sri Lanka to advise him on necessary fiscal policies and reforms including a proposed IMF bailout. Meanwhile, it is reported that a high-level delegation from the Finance Ministry has left for meetings with the IMF. In these circumstances, reason and common sense suggest that he should be granted time and space to show results.
Is there a threat to Tourists?
From the point of a tourist who may be thinking of visiting Sri Lanka, the most important question is whether the crisis would ruin one’s trip. To put it another way, the question is whether the crisis is a temporary convulsion that the Sri Lankan people will resolve in due time through the relevant constitutional processes or whether there is a potential for it to spin out of control ending in a horrendous bloodbath or some other calamity.
All indications are that the crisis is temporary. To digress a moment, on a personal note, this writer drove through Colombo on 09 April and though it is true that there were protests in some areas, in others the streets were bustling with people shopping for the Sinhala and Tamil New Year. It is difficult to reconcile such scenes with the dire pronouncements made by the critics of the government?
It is also important to place the events in Sri Lanka in perspective with similar events in other countries. Confrontational politics is fast becoming the order of the day. For instance, in January 2021, a mob attacked the US Capitol. In Canada, in February 2022 protesting truckers brought the entire country to a virtual standstill forcing Prime Minister Trudeau to invoke emergency powers in order to help restore order.
Meanwhile, in New Zealand, in early March 2022 people protesting against vaccine mandates stormed the Parliament. In September 2021, French President Macron was pelted with eggs by an irate member of the public and in Britain, in September 2021, a fuel crisis caused long lines at fueling stations reminiscent of the 1970s leading at times to mass protests. The list goes on.
To my knowledge, on none of these occasions did anyone suggest that it was unsafe to visit the countries in question or that the majority of the people of these countries support the tactics of the protesters or endorse a change of government through anything but the proper constitutional processes. The same presumption must be accorded to Sri Lankans.
Foreigners who are thinking about visiting Sri Lanka should not change their plans if they have any love or regard for the people of this country. For one thing, they would bring in much-needed dollars that would help resolve the present crisis. For another, they would be informal ‘ambassadors’ who could inform their respective governments as well as fellow citizens of the real situation on the ground in the island and thereby help correct some of the misperceptions about this country that continue to proliferate in the international media.
The writer is an Attorney-at-Law and a consultant to the Strategic Communications Unit of the Lakshman Kadirgamar Institute)
Ranil takes premiership amidst BASL bid for all party-consensus
By Shamindra Ferdinando
Retired Supreme Court Justice Rohini Marasinghe, in her current capacity as the Chairperson of the Human Rights Commission of Sri Lanka (HRCSL), directed the police to provide adequate protection for the President and the Prime Minister while protecting the freedom of speech and assembly through necessary and proportionate measures.
Justice Marasinghe, who received the appointment in Dec, last year, would never have believed she would be compelled to issue such a statement.
The HRCSL statement, issued on April 26, 2022, over a month after the eruption of violent protests at the private residence of President Gotabaya Rajapaksa, at Pengiriwatta, Mirihana, that lasted for several hours, didn’t name the President and the Prime Minister.
Mahinda Rajapaksa quit Temple Trees on May 10, less than 24 hours after he announced his resignation, in the wake of unprovoked violence directed at those demanding the resignation of both the President and the Prime Minister and the so-called peaceful protesters who lay siege to his official residence Temple Trees virtually making, him a prisoner therein.
The first protest, targeting President Rajapaksa, was held at Pangiriwatte, Mirihana, on March 31, 2022. What began as a peaceful protest in the vicinity, quickly turned violent after the crowds made attempts to advance towards the President’s private home. The deployment of the Army, in support of the beleaguered police, failed to bring the situation under control.
Protesters set ablaze several vehicles, including two buses that brought Police and Army reinforcements to the scene of the unprecedented confrontation. Therefore, it would be pertinent to discuss the circumstances, Justice Marasinghe called for sufficient protection for President Gotabaya Rajapaksa and Prime Minister Mahinda Rajapaksa, over two weeks after the launch of the protest campaign, in front of the Presidential Secretariat, on April 09, 2022.
Perhaps, the HRCSL should have also advised the Army, as well as the Special Task Force (STF), regarding adequate protection for the President and the Prime Minister. The Army and the STF play an integral role in the protection of key leaders. The HRCSL cannot be unaware of the involvement of the Army and the STF in the protection of the President and the Prime Minister.
Justice Marasinghe called for ‘necessary and proportionate measures’ to meet the threat on the two leaders as those who had been demanding their resignation stepped up the campaign.
The HRCSL consists of five Commissioners, namely Justice Rohini Marasinghe (Chairperson), Venerable Kalupahana Piyarathana Thera, Dr. M.H. Nimal Karunasiri, Dr. Vijitha Nanayakkara and Ms. Anusuya Shanmuganathan. The President constituted the HRCSL in terms of the 20th Amendment to the Constitution in Dec. 2020. Justice Marasinghe and Ven. Kalupahana Piyarathana Thera were brought in Dec. 2021 in the wake of the resignation of HRCSL Chairman Jagath Balasuriya and NGO, guru Harsha Kumara Navaratne taking up the post of Sri Lanka High Commissioner to Canada.
Did HRCSL make an assessment before Justice Marasinghe issued instructions to the police? The HRCSL intervened in the wake of the erection of a new protest site, opposite Temple Trees, as the government struggled to cope up with an unprecedented political-economic-social crisis that brought the ruling Sri Lanka Podujana Peramuna (SLPP) to its knees.
The writer, over the last weekend, sought a clarification from Justice Marasinghe. The HRCSL Chief said that instructions were issued as access to the residences of the President and the Prime Minister had been blocked. The HRCSL was also informed of possible threats to their lives, Justice Marasinghe said, adding that the issue at hand should be examined on the basis of equal protection of the law.
In spite of HRCSL’s instructions, the police, and at least an influential section of the SLPP government, appeared to have been caught napping. Was it due to the fear of the wrath of the HRCSL or they being under the so-called international community spotlight? In fact, the law enforcement authorities had contributed to the rapid deterioration of the situation to such an extent that mobs took control of roads. Had the police top brass realized the gravity of the situation, in the first week of May, they would have definitely advised the then Prime Minister Mahinda Rajapaksa not to summon several hundreds of his supporters to Temple Trees. The failure on the part of the police to advise the ousted Premier was nothing but a monumental blunder.
In fact, the police appeared to have been part of a political project meant to dismantle those who had been protesting against the government, while laying siege to both Temple Trees and the Presidential Secretariat. The operation was meant to regain control. Therefore, a primary objective was to silence those who had been asking Prime Minister Mahinda Rajapaksa to step down.
President Gotabaya Rajapaksa, too, has been of that view, in the wake of about one-third of the SLPP parliamentary group demanding Premier Rajapaksa’s resignation to pave the way for an all-party interim administration.
PM, family take refuge in SLN base
Just two weeks after HRCSL asked the police to ensure protection of the President and the Prime Minister through ‘necessary and proportionate measures’ the latter had to move out of Temple Trees, under heavy security escort. President Gotabaya Rajapaksa had to authorize the deployment of SLAF assets to evacuate the ex-Prime Minister and some members of the family. They took refuge at the strategic Eastern Naval Command premises, Trincomalee.
By then, Yoshitha Rajapaksa, the ousted PM’s second son and Chief of Staff and his wife, Nitheesha Jayasekera, had left the country. Interestingly, Yoshitha left for Singapore at 12.50 am on May 09 on Singapore Airlines flight SQ 469 several hours before SLPP activists started arriving at Temple Trees.
Yoshitha Rajapaksa couldn’t have been unaware of the meticulous plans underway to bring in hundreds of supporters from all parts of the country to Temple Trees where the Prime Minister was to address them. Those who believed Premier Mahinda Rajapaksa was to announce his resignation were proved wrong. Instead, lawmaker Johnston Fernando and the then Premier Rajapaksa created an environment conducive for an ‘operation’ to evict those who had been protesting against the Prime Minister and the President. The operation boomeranged. The end result was the Prime Minister having to take refuge in the Trincomalee Navy base.
Two days later, the Fort Magistrate’s Court issued a travel ban on Mahinda Rajapaksa, MP Namal Rajapaksa and 16 others. They are Pavithra Wanniarachchi, Johnston Fernando, Sanjeewa Edirimanne, Rohitha Abeygunawardena, C.B. Ratnayake, Sanath Nishantha, Kanchana Jayaratne (Pavitra Wanniarachchi’s husband), Sampath Athukorala, Mahinda Kahandagama, Renuka Perera, Nishantha Abeysinghe, Amitha Abeywickrama, Pushpalal Kumarasinghe, Dilip Fernando and Senior DIG Deshabandu Tennakoon. The Senior DIG had been present at the time, SLPP goons broke through the police line, near the Galle Face hotel, to demolish the Galle Face protest camp.
The Magistrate also imposed a travel ban on seven others who had been wounded during the violence on the fateful Monday or were eye-witnesses to the attacks.
President of the Colombo High Court Lawyers’ Association Lakshman Perera told the writer that the Attorney General‘s Department moved the Fort Magistrate’s court amidst preparations made by his outfit to move the court. Speaking on behalf of the Association, Perera underscored the pivotal importance of ensuring the safety and security of all, regardless of whatever the accusations directed at them.
For how long would the ex-Premier have to live under the protection of the Navy? In response to media queries, Defence Secretary retired General Kamal Gunaratne told a hastily arranged press conference, at the Battaramulla Defence Complex, that as a former head of State Mahinda Rajapaksa was entitled to required security. When would the ex-PM be able to move freely as protests demanding President Gotabaya Rajapaksa’s resignation continue amidst traffic disruptions on main roads, especially over shortage of cooking gas? The situation remains extremely dicey.
Politically-motivated mobs destroyed many properties belonging to the Rajapaksa family. Mobs set ablaze the Rajapaksas’ ancestral home at Medamulana, Hambantota, and did not even spare the memorial built for their parents also at Medamulana, while the former Premier’s home in Kurunegala, too, was destroyed.
Properties belonging to elder brother, Chamal Rajapaksa and his son, Shashendra were also destroyed.
Gangs set fire to Green Ecolodge, situated very close to the Sinharaja rain forest. The hotel, situated close to the UNESCO heritage site, is widely believed to be owned by Yoshitha Rajapaksa, who recently warned JVP leader Anura Kumara Dissanayake of legal action against the accusations made in respect of Green Ecolodge. But the JVP instead of backing their accusations regarding that prized eco-property (torched by the politically-motivated mobs early last week) with facts, issued a veiled threat to expose Yoshitha on some other issues if he dared to go to courts. Comrade Nalinda Jayatissa told the media that they would raise his fake qualifications, how he managed to enter the famed British naval college Dartmouth, etc., if he ventured to challenge them in court.
Well organized mobs also looted and set fire to properties of over 50 MPs, mainly of the government, across the country. They and their families were left with only the clothes on their backs.
Politicos under threat
The government should do everything possible to prosecute those responsible for incidents of violence, regardless of their status. Destruction of lawmakers’ properties should be denounced and punitive action taken against all those responsible. Who would take the responsibility for killing SLPP Polonnaruwa District MP Amarakeerthi Atukorale and his police bodyguard at Nittambuwa? The slain MP was on his way home, after attending the Temple Trees meet earlier in the day. Did Atukorale open fire on those who blocked his path? Did his police bodyguard, too, open fire? The post-mortem revealed the MP had been lynched and contrary to initial reports there were no gunshot injuries. The post mortem also set the record straight that the MP didn’t commit suicide with his own weapon as initially claimed by interested parties over the social and mainstream media. Having allowed SLPP goons to go on the rampage, the police pathetically failed to intervene when the public retaliated. Politically-motivated groups obviously took advantage of the situation. At an early stage of the ongoing protest campaign, German Ambassador in Colombo Holger Seubert tweeted: “I’m impressed with how peaceful the proud people of Sri Lanka are exercising their right to freedom of expression. It reminds me of German unification back in 1989 when we experienced how powerful peaceful protests can be. Wishing all parties involved the strength to remain peaceful.”
During the second JVP inspired-insurgency, the then JRJ government issued firearms to members of Parliament. Some lawmakers formed their own death squads. The government accepted extra-judicial killings as part of the overall defence against the JVP/DJV violence perpetrated against the UNP and those connected with that party.
Members of the SLPP raised security issues at a meeting they had with President Gotabaya Rajapaksa at the President’s House last Saturday (14). The government shouldn’t expect normalisation of the situation until tangible measures are taken to stabilize the national economy. Lawmakers wouldn’t be safe as long queues for diesel, petrol and cooking gas exist with the vast majority of the electorate struggling to make ends meet. The government should be mindful of interventions made by foreign powers and other external and internal players hell-bent on exploiting the situation to their advantage.
Recent demonstrations near the Parliament compelled the police to close several roads for traffic on May 05 and 06. The police closed the section from Diyatha Uyana junction (Polduwa junction) to Jayanthipura junction and from Jayanthipura junction to the Denzil Kobbekaduwa road to deter mass invasions by well organised demonstrators. The police asserted that closure of the roads were necessary, in spite of the inconvenience caused to the public, to prevent hindrance to lawmakers entering and leaving the parliamentary complex.
The police closed down the same sections of the roads yesterday (17) to facilitate parliamentary proceedings. Trade unions combine and the Inter-University Students’ Federation (IUSF) have vowed to lay siege to the Parliament. The warning that had been made several days before the May 09 mayhem should be reviewed. The trade union grouping and the IUSF affiliated to the Frontline Socialist Party (FSP), the breakaway JVP faction, should be mindful of the crises the country is experiencing.
War-winning President Mahinda Rajapaksa having to take refuge in the Trincomalee SLN base is a tragedy. Mahinda Rajapaksa gave resolute political leadership to Sri Lanka’s war effort at a time the vast majority of lawmakers felt the LTTE couldn’t be defeated. Therefore, many accepted peace at any cost. They were prepared even to give up Sri Lanka’s unitary status in a bid to reach a consensus with separatist Tamil terrorists mollycoddled by Western powers. Mahinda Rajapaksa had the strength and political acumen to take on the LTTE. The country should never forget how President Rajapaksa, in spite of strong objections from the military, flew into Kebitigollewa on June 15, 2006, in the immediate aftermath of a claymore mine attack on a passenger bus. The blast killed over 60 men, women and children. Having visited the survivors, President Mahinda Rajapaksa gave an assurance that the terrorism would be eradicated. The promise was made two months before the LTTE resumed large-scale offensive action in the Northern and Eastern Provinces. Sri Lanka brought the war to a successful end in May 2009. But, the President, who restored peace, has ended up virtually running for his life and had to seek refuge in a military installation for the time being as post-war policies and strategies take their toll with interested parties taking advantage of the tragedy facing the country.
Up for Grabs
By Lynn Ockersz
It’s the Horse Trader’s hour once again,
And fierce bargaining unfolds on Stage;
Creatures stomping with iron hoofs,
Displaying teeth of menacing length,
And merciless whips for tongues,
Are receiving top most billing,
By ‘Strutting and Fretting’ business Heads,
Trying now to sit in saddles under siege,
But in a hitherto nodding land,
That’s suddenly come rudely awake,
These are risky sleazy deals to make,
For, the moment has already arrived,
Wherein hunger has turned Ploughshares,
Into Spears of divisive hate and vengeance.
Possible link between TID head’s arrest and Easter Sunday massacre baffles retired DIG
Retired DIG Priyantha Jayakody, one-time police spokesman, last Saturday (07) advised the police on how to deal with the current wave of protests. Jayakody addressed the media in the wake of President Gotabaya Rajapaksa declaring a State of Emergency following police crackdown on protests near the Parliament. The retired top cop urged his former colleagues not to give into illegal orders, under any circumstances. Jayakody is the first retired top cop to declare his support for the ongoing countrywide campaign for political reforms.
By Shamindra Ferdinando
Actor Jehan Appuhamy carried a life-sized cross on his shoulder from Katuwapitiya, in the Katana electorate, to the entrance of the President’s Office (Old Parliament), Galle Face, where a high profile ‘Go Gota Home’ campaign was underway.
The three-day trek began at the St. Sebastian Church premises, on April 19, where exactly three years ago Achchi Muhammadu Muhammadu Hasthun detonated his suicide device, killing over 100. Hasthun is widely believed to be one of the bomb makers, responsible for six suicide blasts, in the space of 20 minutes, beginning at 8.45 am on that particular day. The first detonation occurred at the St. Anthony’s Shrine, Colombo, Kochchikade, at 8.45 am. Other blasts ripped through Kingsbury, Colombo, at 8.47 am, St. Sebastian’s Church, Katuwapitiya, also at 8.47, Shangri-La, Colombo at 8.54, Cinnamon Grand, Colombo at 9 and Zion Church, Batticaloa at 9.05.
In addition to those planned blasts, there were two explosions – one at the Tropical Inn Guest House, Dehiwela, where one terrorist triggered his explosive device, and the last blast at Dematagoda, where Fatima Ibrahim, the wife of Inshaf Ibrahim (the Cinnamon Grand bomber), blew herself up, killing three police commandos. The blast also claimed the lives of her three young sons and her unborn child.
Actor Appuhamy’s endeavor received the blessings of the Catholic Church, campaigning for justice. The Catholic Bishops’ Conference has repeatedly demanded that the perpetrators of the Easter Sunday massacre, as well as those who failed to thwart the conspiracy, due to sheer negligence, or some other reasons, be punished, regardless of their standing in the society.
Appuhamy completed a 25-mile long journey, on April 21, on the 13th day of the ‘Go Gota Home’ campaign. A group of Catholics joined a protest launched opposite Temple Trees, three days later, demanding justice for the Easter Sunday carnage. The Catholic Bishops’ Conference members, and the Archbishop of Colombo, Rt. Rev. Malcolm Cardinal Ranjith, has pledged their support for the ongoing campaign, demanding the resignation of President Gotabaya Rajapaksa and the entire Cabinet-of-Ministers, including Prime Minister Mahinda Rajapaksa.
Quite a number of Catholics displayed placards, demanding justice for the Easter Sunday victims, an issue that has sharply divided the country, experiencing the worst-ever post- independence economic-political and social crisis.
Retired Deputy Inspector General (DIG) of Police, Priyantha Jayakody, in an open letter, addressed to Defence Secretary, retired Gen. Kamal Gunaratne, published in Annidda, in its May Day edition, has questioned the failure on the part of the incumbent dispensation to bring the perpetrators of the Easter Sunday massacre to justice. Jayakody also queried the inordinate delay in completing the high profile investigations, launched during the yahapalana administration, into the alleged attempts to assassinate the then President Maithripala Sirisena and Gotabaya Rajapaksa, the incumbent President.
The current dispensation couldn’t absolve itself of the responsibility for not adequately addressing the grievances of the Catholic Church, Jayakody told The Island. It would be a grave mistake on the government’s part to believe the issues, at hand, would be forgotten in a couple of years, therefore the current protests could be ignored. Jayakody, who had served the Police Department for almost 40 years, retired in late April 2021.
Namal Kumara affair
Ex-DIG Jayakody asserted that the arrest of DIG Nalaka Silva, the head of the Terrorist Investigation Division (TID) on Oct 25, 2018, over his alleged involvement in an attempt to assassinate President Maithripala Sirisena and incumbent President Gotabaya Rajapaksa (then an ordinary citizen) may have facilitated the Easter Sunday suicide mission. Declaring that at the time of Silva’s arrest, the officer had been tracking the would-be Shangri-La bomber, and the leader of the suicide squad, Zahran Hashim, Jayakody questioned whether the investigator was falsely implicated in an alleged assassination plot to clear the way for the dastardly suicide attacks.
Jayakody emphasized that the conspirators had intervened when the investigation reached a crucial stage. Did the government pay sufficient attention to the unwarranted delay at the Attorney General’s Department, in respect of its failure to deal with Zahran Hashim’s file? The National Catholic Committee for Justice, in a missive, dated July 12, 2021, addressed to President Goabaya Rajapaksa, referred to the conduct of the Attorney General’s Department. The Committee pointed out to the President, the PCoI (Presidential Commission of Inquiry) recommendation to the Public Service Commission (PSC) that disciplinary action be taken against State Counsel Malik Azees and Deputy Solicitor General Azad Navavi (PCoI Final Report, Vol 01, p 329).
The Criminal Investigation Department (CID) arrested Silva after having questioned him over a period of five days. At the time of his arrest, Silva had been suspended on the instructions issued by the National Police Commission (NPC).
Jayakody pointed out how within 24 hours after the TID Chief’s arrest, President Maithripala Sirisena sacked the Cabinet-of-Ministers, including Prime Minister Ranil Wickremesinghe. In spite of Mahinda Rajapaksa being sworn in as the Prime Minister, he couldn’t prove a simple majority in Parliament. A disappointed President Sirisena had no option but to dissolve Parliament, on Nov 09, 2018, and set January 05, 2019 as date for parliamentary election. But, the Supreme Court intervention restored Ranil Wickremesinghe’s premiership. Thus President Sirisena’s plan for January 05, poll was thwarted; thereby the stage was set for scheduled presidential election.
According to Jayakody, the arrest of the TID Chief, over alleged assassination plots, automatically crippled the unit. Those who had been attached to the TID were looked down, both by other police officers and men, as well as the public.
The retired top cop questioned the role played by the media, particularly the television channels, in propagating claims made by police informant Namal Kumara, as regards alleged plots to assassinate President Sirisena and incumbent President Gotabaya Rajapaksa. Pujith Jayasundera, who had served as the yahapalana IGP, is on record as having told the PCoI that Namal Kumara was paid by the Presidential Secretariat. Jayasundera quoted Dr. Saman Kithalawarachchi, the then Chairman of the Presidential Narcotics Bureau, as having told him that Namal Kumara served as a lecturer and was paid by the Presidential Secretariat.
Jayakody, in his open letter to Gen. Gunaratn, asked for the status of the investigation launched, following Namal Kumara’s unprecedented claims. “The people have a right to know. The government, under siege over the economic fallout, should come clean,” Jayakody stressed, adding that the ongoing countrywide protests reflected the crisis the country is in today.
The Police Department owed an explanation to the public regarding the status of the investigation into the disgraced TID Chief’s alleged involvement in planned political assassinations. DIG Jayakody said that the incumbent dispensation, having repeatedly assured justice for the Easter Sunday victims, was yet to bring a critically important investigation into the Namal Kumara affair, to a successful conclusion. The need for a thorough investigation into the constitutional coup, perpetrated by President Maithripala Sirisena immediately after DIG Silva’s arrest, cannot be ignored. Would Zahran Hashim have gone ahead with the attacks if the constitutional coup succeeded? DIG Jayakody raised the following unresolved accusations leveled by Namal Kunara:
* DIG Silva dispatched a police hit squad, that had been assigned the task of carrying out VIP assassination, to Batticaloa
* DIG Silva sought special weapons used by snipers
* DIG Silva conspired with the then Prime Minister Ranil Wickremesinghe
* Involvement of Thushara Peiris, a person living overseas, in the assassination conspiracy
*Conspiracy to involve ‘Makandure Madush’ in the conspiracy
Suspected drug baron, Samarasinghe Arachchige Madush Lakshitha, alias ‘Makandure Madush,’ was shot dead in the early hours of Oct 21, 2020. Madush was killed, under controversial circumstances, while being in police custody. At the time of the incident, Madush had been in the custody of the Colombo Crime Division (CCD). The police claimed that Madush received gunshot injuries at the Lakshitha Sevana apartment complex at Applewatta, in Maligawatta. Madush was brought to Colombo on May 05, 2019, from Dubai, where he was arrested on February 05, 2019.
Jayakody questioned the rationale in Namal Kumara’s accusations, TID Chief’s arrest and delivering a crippling blow to investigations into Zahran Hashim’s outfit. Finally, the wartime Defence Secretary Gotabaya Rajapaksa, who had been the alleged target of a police assassination attempt, won an opportunity to contest the 2019 presidential election, on the SLPP ticket. Gotabaya Rajapaksa received the mandate of 6.9 mn votes whereas the other claimed target, Maithripala Sirisena, in his capacity as the SLFP leader, contested the 2020 General Election. Sirisena re-entered Parliament having contested the Polonnaruwa electoral district. The SLFP group, in the current Parliament, comprised 14 lawmakers, including one National List MP. Except for Angajan Ramanathan, elected on the SLFP ticket (Jaffna District), the remaining 13 entered Parliament on the SLPP ticket.
Ex-DIG Jayakody said that in the wake of the SLPP victory, they expected rapid progress, not only in the Easter Sunday massacre probe, but also investigations into the Namal Kumara affair. Jayakody compared the investigations into the Easter Sunday attacks, and the Namal Kumara affair, with that of the 1962 coup attempt meant to remove the then Premier Sirimavo Bandaranaike from power. Jayakody recalled how top military personnel, who had been accused of the bid to assassinate Premier Bandaranaike, were dealt with the following investigations. Unfortunately, investigations into Namal Kumara’s disclosure hadn’t been completed, even over three and half years after the arrest of TID Chief.
In his open letter, Jayakody posed the following questions to Gen. Gunaratne: (i) Would you disclose the current status of the investigations into claims made by Namal Kumara (ii) Would you explain why cases hadn’t been filed in court against ex-DIG Nalaka Silva or other suspects involved in the alleged assassination attempts (iii) Have the investigators succeeded in verifying the claims made by Namal Kumara? If the accusations could be verified, what delayed all suspects being arrested? In respect of those who had been arrested so far, what caused the delay in the government moving court against them? (vi) Have the investigators realized that there is no basis for Namal Kumara’s accusations? If so, why a case hadn’t been filed against the former police informant over making false accusation and finally (vii) Could you explain the failure on the part of the government to conduct investigations speedily in spite of one of the two main targets of ex-DIG Nalaka Silva, as alleged by Namal Kumara, is serving the incumbent administration as the President, who is also the Commander-in-Chief of the armed forces, and the other leader of a constituent party and a lawmaker.
The government should be mindful of the consequences of further delay in bringing the investigations into a conclusion. The widely held belief that the incumbent dispensation deliberately delayed, or undermined the investigations, may cause quite a serious situation, particularly against the backdrop of the Geneva-based United Nations Human Rights Council (UNHRC) taking up the issue last year. Sri Lanka Co Chairs at the UNHRC, too, have taken up the issue.
Jayakody warned that unless the government, at least now, dealt with the Namal Kumara affair properly, the public would believe it was related to the Easter Sunday conspiracy. According to Jayakody, the public are gravely suspicious of Namal Kumara ‘drama’ being the precursor for later developments. Jayakody questioned Gen. Gunaratne’s response to Archbishop of Colombo Rt. Rev. Malcolm Cardinal Ranjith’s repeated demands for justice. Referring to Gen. Gunaratne’s recent response to the Cardinal’s public criticism of the handling of the Easter Sunday investigations, Jayakody asserted that the Defence Secretary’s advice to the Cardinal that he should inform the CID of any relevant information without making public statements sounded like a challenge. Jayakody emphasized that the Cardinal had taken the issue beyond the CID against the backdrop of growing suspicions that justice couldn’t be expected under the current dispensation.
Jayakody, identifying himself as a Catholic, drew the government’s attention to the Cardinal’s fight, both here and abroad, that has attracted the attention of the international community. The retired top cop stressed that the government hadn’t so far been able to counter the spate of issues raised by the Catholic Church regarding the Easter Sunday massacre. Instead of challenging the Catholic Church, the government should answer pertinent questions.
Responding to The Island queries, Jayakody emphasized that he didn’t want to issue a character certificate to DIG Nalaka Silva. Jayakody said the issue at hand is whether Namal Kumara, at the behest of some interested party/parties, directed a spate of allegations, at the then TID Chief Silva, to create an environment conducive for law enforcement authorities to move against DIG Silva. Had Silva received the wrath of the powers that be, as he pursued the now proscribed National Thowheed Jamaat (NTJ) responsible for the Easter Sunday massacre?
The Easter Sunday massacre created an environment that undermined the yahapalana administration. The public responded to the SLPP’s assurances to ensure security in the run-up to the 2019 Presidential Election. Three years later, those who vowed to deal with extremism and terrorism are under fire over the failure to unravel the Easter Sunday mystery.
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