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Visiting couple draws government’s attention to glaring shortcomings

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Covid-19 response:

 

By Shamindra Ferdinando

The government should re-examine the procedure in place to allow visitors from abroad amidst the rampaging Covid-19 epidemic as part of the overall efforts to alleviate difficulties, a Danish-Sri Lankan dual citizen told The Island yesterday (4).

The Danish passport holder now staying at a hotel in Kalutara with his wife said that even those who had been inoculated overseas and PCR tested negative immediately before leaving for Sri Lanka were subjected to 14-day mandatory quarantine.

The irate guest pointed out that in spite of them being tested negative on the first day of their arrival here, current quarantine laws forced them to remain at the hotel for the entire stipulated period.

They arrived at the Bandaranaike International Airport (BIA) from Copenhagen via Doha this week.

The Health Ministry owed visitors an explanation why those who had been inoculated abroad and tested negative twice within two or three days were compelled to stay in hotels.

Responding to another query, the Danish passport holder said that 14-day compulsory quarantine of those even tested negative seemed unfair, particularly against the backdrop of a pilot project being implemented in the Kalutara district to keep infected asymptomatic Covid-19 confirmed patients at home.

Assuring that they appreciated ongoing government efforts to bring the situation under control, the visitor warned of long term consequences of what he called unfair treatment of foreigners. “In spite of whatever difficulties experienced, we’ll visit the country. In fact, my having a foreign passport is irrelevant,” he said, adding however foreigners would find 14-day compulsory quarantine of those who had been inoculated and also PCR tested negative extremely discouraging.

Asked whether he felt comfortable with the procedures in place for foreigners and Sri Lankans visiting Sri Lanka, he said his wife carried a Sri Lankan passport. “Essentially, in our case, we were subjected to the same set of rules regardless of the different status of our nationality. The hotels involved in this project provide efficient service in spite of an extremely difficult situation.”

The visitor said that the government, particularly those in charge of the tourism portfolio, should be wary of unscrupulous elements taking advantage of the ongoing crisis. Referring to an online statement on www.army.lk dated January 15, 2021 made by Army Chief General Shavendra Silva who is also the head, National Operation Centre for Prevention of COVID-19 Outbreak (NOCPCO), he said corrupt practices were admitted in the hotel quarantine process.

“What we want is to get those foreign arrivals a fair deal with decent meals, full care and accommodation at the lowest rate possible,” the army website quoted Chief of Defence Staff as having told a group of hotel owners/hoteliers/ hotel executives at a meeting held at NOCPCO premises on January 12th.

The Danish passport holder pointed out that General Silva was on record as having said that attempts had been made to collect money from hotels promising them guests. And some such instances had been thwarted, the guest said, demanding fleecing of visitors should stop.

According to him, when they first planned to visit Sri Lanka, accommodation for two at a particular hotel categorized as Level 1 was offered for USD 400(approximately Rs 80,000.)   In addition to that, the charges included (for two persons) 24 USD for insurance cover, USD 80 for four PCR tests and USD 55 for transport (BIA to hotel situated ten minutes away from the old parliament). Altogether, a stay in that hotel would have cost us USD 559, he said.

At that time, the above mentioned rates were offered, those arriving from abroad could have left the hotel within 48 hours if they tested negative, he said. But, due to sudden closure of the BIA, they hadn’t been able to come and when the airport was reopened, the government introduced 14-day mandatory quarantine much to their disappointment, the Danish passport holder said. But a two-week stay there would have cost 400 USD into 14 days, the visitor said, as they didn’t want to take that offer, those who facilitated the project offered two other hotels and they picked the one that charged USD 910 for 14 days full board (USD 70 per day). In addition to the hotel charges, PCR tests USD 160, insurance USD 24 and transport USD 70. Altogether, the cost came up to USD 1,164, he said, adding that when they arrived at the BIA, authorities therein didn’t bother at least to verify whether they had been inoculated.

The guest said that he obtained dual citizenship during the yahapalana administration. Although the Immigration and Emigration stamped his Danish passport with his dual citizenship status, the government didn’t issue a passport at that time. Responding to The Island queries, he said in spite of his dual citizenship status, he sought a tourist visa at a cost of USD 36.

The guest who had been living in Denmark for over 30 years said that the government should pay attention to cohesive tourism strategy or face the consequences. The Chairman of the Tourist Board Kimarli Fernando was recently seen on CNN urging foreigners under a bio bubble scheme, he said. Such a costly advertising campaign should be backed by an efficient system in place on the ground. According to him, though many people from Denmark visited the country on the day he and  his wife boarded an airline at the Copenhagen airport bound for Doha, they were the only ones visiting Sri Lanka. However several dozen joined them at Doha, almost all Sri Lankans to arrive in Colombo.

If the government was genuinely keen in putting in place a system to face the daunting post-Covid challenges, it couldn’t afford to address issues pertaining to the tourism sector, he said.



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Gnanasara Thero absconding after SC ruling

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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.

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House to debate 22A, Judicature Bill next week

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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).

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Wrong house targeted in underworld grenade attack: Two children killed

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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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