News
Top AG’s Dept. official compelled to retire in spite of court order for her reinstatement
Tribunal: Senadhipathy trapped SG Wickramasinghe with the help of UNP Minister
By Shamindra Ferdinando
Despite being cleared by the Administrative Appeals Division (AAD), the interdicted Solicitor General Dilrukshi Dias Wickramasinghe hadn’t been allowed to return to the Attorney General’s Department regardless of specific instructions issued in that regard.
The AAD gave the ruling in respect of a case filed by Wickramasinghe against the Public Service Commission (PSC).
The then Attorney General Dappula de Livera, PC, interdicted SG Wickramasinghe on 25 Sept. 2019 following a leaked telephone conversation she had with Avant Garde proprietor Nissanka Senadhipathi, formerly of the Army Commando Regiment. The conversation was leaked to the media on 20 Sept., immediately after the recording of the discussion.
Wickramasinghe retired on July 30th after reaching the compulsory retirement age. The unprecedented ruling was given by a three-member AAD comprising Justice N.E. Dissanayake, A Gnanathasan, PC and G.P. Abeykeerthi. Justice Dissanayake functions as the Chairman of the highest tribunal empowered to inquire into such appeals.
Wickramasinghe appealed to teh AAD on Oct 5, 2020. The issue at hand before the AAD had been the disciplinary authority exercised by the Public Service Commission (PSC) in respect of the Solicitor General.
The original ruling given on July 14 was amended on July 22 subsequent to the PSC seeking clarification of some matters which the AAD considered important. The AAD acknowledged that the issues raised by the PSC hadn’t been taken into consideration at the time of the issuance of the July 14 ruling.
Attorney-at-law Riad Ameen and Assistant Secretary PSC Srinath Rubasinghe, appeared for Wickramasinghe and the PSC respectively.
The leaked telephone conversation in question was over the controversial case of the Avant Garde floating armoury that divided the previous government with Law and Order Minister Tilak Marapana, PC and Justice Minister Dr. Wijayadasa Rajapakse, PC, striking discordant notes.
Dappula de Livera’s successor, Sanjay Rajaratnam, PC, hadn’t, however, allowed SG Wickramasinghe to resume work in spite of the original order nor the amendment ruling given on July 14 and July 22, respectively. A copy of the original order was delivered to the AG’s Office on the evening of July 14.
Rajaratnam succeeded de Livera on May 26 this year.
The AAD ordered (1) Immediate cancellation of PSC directive dated April 06, 2021 that placed SG on compulsory leave pending the completion of a formal inquiry (2) Rescinding of the PSC directive dated October 19, 2020 that sent the SG on compulsory leave to pave the way for her to resume duties (3) Retiring her on July 30, 2021 on her reaching the compulsory retirement age and (4) finalising the much-delayed formal inquiry into the SG’s conduct in terms of Public Administration Circular 30/2019 dated September 30, 2019, expeditiously.
However, the above-mentioned directives were not carried out and SG Wickramasinghe had to retire on reaching the retirement age.
Acknowledging that Wickramasinghe had found fault with the present PSC for the undue delay in finalising the preliminary inquiry and reinstate her, the AAD declared that the PSC failed to ‘exercise its discretion in a justifiable, reasonable and an objective manner.
One-time Director General of the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) Wickramasinghe declined to comment on the AAD ruling.
The AAD in its observations in the order pointed out that Senadhipathy had trapped SG Wickramasinghe with the help of the then UNP Minister Vajira Abeywardena, who gave his phone to SG Wickramasinghe, stating that Senadhipathy was on line. According to the proceedings, Abeywardena had received the call at a Colombo hotel while he was having dinner with SG Wickramasinghe and her husband.
Abeywadena is the current Chairman of the UNP. He was not immediately available for comment.
The AAD expressed astonishment at the failure on the part of those who conducted the preliminary inquiry to record Abeywardena’s statement or examine his phone. The AAD noted that Senadhipathy had got to SG Wickramasinghe through the Abeywardena’s phone after Wickramasinghe strongly opposed the minister inviting Avant Garde Chairman to have dinner with them at the Abeywardena’s residence.
The AAD stated that it had the power to take remedial measures in respect of decisions ‘tainted with error in law and fact’ taken by the PSC.
The AAD noted that SG Wickramasinghe hadn’t initiated the call and from the outset she insisted that the recording was ‘doctored, edited and distorted.’ Proceedings have revealed that AG de Livera had first listened to a tape recording that was edited at ten places and Senadhipathy himself admitted having edited the recording but he never submitted the original to the Preliminary Investigation Committee. The AAD pointed out that the AG de Livera at the time he made a statement at the preliminary investigations based his assessment on what the AAD called an edited, distorted and unauthentic version of the recording. In spite of this, the AG subsequently acknowledged that the audio tape he had listened to was distorted. However, a second statement hadn’t been recorded from him. But the PSC deciding to issue a charge sheet dated March 23, 2021 although the Preliminary Investigation team said the audio tape had been tampered with.
PIX SAVED AS DILRUKSHI, NISSANKA and WAJIRA
News
Gnanasara Thero absconding after SC ruling
Ven. Galagoda Aththe Gnanasara Thero was not at his temple in Rajagiriya when prison officials visited the premises yesterday to take steps following the Supreme Court ruling that nullified the presidential pardon granted to him, police sources said.
Prison officials who visited the temple on Nawala Road, Rajagiriya, were reportedly informed by those present that the Thero’s whereabouts were unknown. The development comes a day after the Supreme Court declared former President Maithripala Sirisena’s 2019 pardon of Gnanasara Thero null and void.
The three-member Supreme Court bench comprising Justices Janak De Silva, Dr. Sobhitha Rajakaruna and Sampath B. Abayakoon held that the pardon was arbitrary, violated the public trust and principles of natural justice, and was made beyond the proper exercise of the President’s constitutional discretion.
The case arose from Gnanasara Thero’s conduct at the Homagama Magistrate’s Court in January 2016 during proceedings relating to the disappearance of journalist and political cartoonist Prageeth Eknaligoda.
The Court of Appeal convicted him on four counts of contempt of court in 2018 and imposed concurrent prison terms amounting to six years. He had served about nine months when Sirisena granted him a presidential pardon on May 23, 2019.
The Supreme Court found that although Article 34 empowers the President to grant pardons, that power is held in trust for the people and is subject to constitutional limitations and judicial review. The Court concluded that Sirisena had effectively acted on the recommendation of the Additional Secretary (Legal) without demonstrating that he had independently considered the relevant material.
Justice De Silva held that the pardon was “arbitrary”, violated public trust and the rules of natural justice, and was ultra vires the President’s powers. The Court consequently found that the decision violated the fundamental right to equality guaranteed by Article 12(1) of the Constitution.
The ruling effectively restores the legal position under the original conviction, leaving Gnanasara Thero without the benefit of the 2019 pardon. The Supreme Court also clarified that a pardon does not erase a conviction or sentence, but merely relieves an offender from serving the sentence to the extent specified in the pardon.
Gnanasara Thero, the General Secretary of the Bodu Bala Sena, had been convicted over his conduct during proceedings concerning the disappearance of Eknaligoda, who went missing in January 2010 and has not been located.
Sandhya Eknaligoda, Prageeth Eknaligoda’s wife, was among those who challenged the presidential pardon before the Supreme Court, alongside the Centre for Policy Alternatives and its Executive Director Dr. Paikiasothy Saravanamuttu.
The detailed account of the judgment indicates that the Court’s ruling primarily nullified the pardon and restored the legal effect of the original sentence, with the implementation of the sentence falling to the relevant authorities.
Police sources said that the Supreme Court, however, did not permanently close the door on executive clemency. It held that a future President could grant Gnanasara Thero another pardon, provided the power is exercised lawfully and after proper consideration of all relevant material.
The Supreme Court has so far overturned three presidential pardons granted to two former Presidents. In January 2024, the Court declared former President Gotabaya Rajapaksa’s pardon of former MP Duminda Silva unlawful and invalid. In June 2024, it invalidated two pardons granted by former President Maithripala Sirisena to Royal Park murder convict Jude Shramantha Anthony Jayamaha — the first in May 2016, which commuted his death sentence to life imprisonment, and the second in October 2019, which released him from prison. Jayamaha, who was convicted of the murder of 19-year-old Yvonne Johnson, remains at large. Most recently, on September 10, 2026, the Supreme Court declared Sirisena’s 2019 pardon of Ven. Galagoda Aththe Gnanasara Thero null and void, ruling that it was arbitrary and inconsistent with the Constitution.
News
House to debate 22A, Judicature Bill next week
Parliament is scheduled to debate the Twenty-Second Amendment to the Constitution Bill and the Judicature (Amendment) Bill on September 24 and 25, subject to the Speaker’s announcement following the delivery of the Supreme Court determination on petitions filed against the Bills.
The programme for the Parliamentary Week from September 22 to 25 was decided at a meeting of the Committee on Parliamentary Business held on Thursday (10) under the chairmanship of Speaker Dr. Jagath Wickramaratne.
On each sitting day, Parliamentary Business under Standing Orders 22(1) to 22(6) will be taken up from 9.30 am to 10 am, followed by Questions for Oral Answers from 10 am to 11 am Questions under Standing Order 27(2) will be taken up from 11 am to 11.30 am.
On Tuesday (22), the Orders published in Extraordinary Gazette No. 2497/37 under the Petroleum Resources Act and the Promotion of Export Agriculture (Amendment) Bill will be debated from 11.30 am to 5 pm.
The Tredso Development Foundation (Incorporation) Bill, a Private Member’s Bill, will then be taken up for Second Reading before being referred to the Legislative Standing Committee.
An Opposition motion at the Adjournment Time will follow.
On Wednesday (23), the Chartered Institute of Media Professionals of Sri Lanka Bill will be debated from 11.30 am to 5 pm, followed by Questions at the Adjournment Time.
The Second Reading debate on the 22nd Amendment Bill and the Judicature (Amendment) Bill is scheduled for 11.30 am to 7 pm on Thursday (24) and Friday (25).
News
Wrong house targeted in underworld grenade attack: Two children killed
Two children aged 11 and 17 were mistakenly killed and their 55-year-old father injured in an early morning hand grenade attack on Sirisangabo Mawatha on Friday. Police investigations later revealed that the attackers targeted the wrong house during an ongoing underworld clash.
Three police teams have been deployed to investigate the attack, which occurred at around 3 am.
According to police, a man who arrived near the house in a three-wheeler knocked on the front door before throwing a grenade into the premises and fleeing.
The victims were identified as 17-year-old Kasun Rashmika and 11-year-old Duminda Gihan. Their 56-year-old father, Nalin Thusantha Perera, was seriously injured and admitted to the Kalubowila Teaching Hospital.
Police said the injured man’s brother was allegedly a close associate of a drug trafficker known as ‘Sando’ and had also been accused of involvement in drug trafficking.
The brother lives in a house adjoining the one targeted in the attack, and police suspect the grenade may have been thrown at the wrong house.
Police are also investigating information that the attack was allegedly carried out at the direction of several overseas-based drug traffickers, identified as Pandithage Shantha Kumara alias ‘Kos Malli’, Samantha Perera alias ‘Chuwa Samantha’, ‘Kudu Avishka’ and ‘I.D.’
Police said the attack was believed to be linked to an ongoing conflict between two underworld factions, which have targeted each other’s associates in shootings and grenade attacks. More than 20 people have reportedly been killed in such attacks.
Security agencies are also investigating alleged links between one faction and overseas-based criminals including Kanjipani Imran, Unakuruwe Shantha, Dubai Gagana and Handaya.
Security agencies have also received information that overseas-based criminals identified as Kanjipani Imran, Unakuruwe Shantha, Dubai Gagana and Handaya are allegedly behind the supply of firearms and drugs to the faction associated with Kos Malli and Chuwa Samantha.
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