How Lanka ended up receiving humanitarian assistance from an Indian state

 SPECIAL REPORT : Part 420

Published

  2022/05/25

UNP Chairman Vajira Abeywardena and PM’s Chief of Staff Sagala Ratnayake join CWC leader Senthil Thondaman and FM Prof. G.L. Peiris at a brief ceremony at the Colombo harbour where Indian HC Baglay handed over humanitarian assistance from Tamil Nadu (pic courtesy Indian HC)

By Shamindra Ferdinando

The May 09 ‘operation’, whose father is yet unknown, meant to save Mahinda Rajapaksa’s premiership, has tarnished the Sri Lanka Podujana Peramuna (SLPP), the police as well as the armed forces.

The controversial Temple Trees project not only caused irreparable damage to the ruling coalition, it paved the way for UNP leader Ranil Wickremesinghe to regain the premiership for the sixth time, incredibly with just one seat in the 225-member Parliament.

With Wickremesinghe at the helm of the government parliamentary group, the UNP has begun playing an active role in the administration, though the party didn’t have any members in Parliament, other than its leader. However, Wickremesinghe has brought a selected group of UNPers into the administration while causing a division in the main Opposition Samagi Jana Balavegaya (SJB) by winning over two of its vociferous members, namely Harin Fernando and Manusha Nanayakkara.

Having repeatedly accused President Gotabaya Rajapaksa of direct complicity in the 2019 Easter Sunday massacre, both received ministerial portfolios from the President. Wickremsinghe is in the process of consolidating his position.

There cannot be a better example to highlight Wickremesinghe’s strategy meant to resurrect his party than involving two former ministers Vajira Abeywardena, incumbent Chairman of the party, and Sagala Ratnayake, in the delegation that received urgently needed food assistance from India.

Sri Lanka delegation received the assistance, standing next to Tan Binh 99, the Panama registered general cargo ship, at the Colombo harbour.

The following is the text of the statement issued by Eldos Mathew Punnoose, Head – Press, Information and Development Cooperation, as regards the handing over of humanitarian assistance at the Colombo harbour: “High Commissioner Gopal Baglay handed over a large consignment of humanitarian assistance worth more than SLR 2 billion from the people of India to Foreign Minister Prof. G.L Peiris, in Colombo, on 22 May 2022. The handing over function was attended by Minister for Ports and Shipping, Nimal Siripala de Silva, Former Minister Vajira Abeywardena, Sagala Ratnayaka, Chief of Staff of the Prime Minister, Senthil Thondaman, Leader of the Ceylon Workers Congress, Food Commissioner Mrs. J. Krishnamurthy, among senior officials, and others.

The consignment consists of 9,000 MT of rice, 50 MT of milk powder and more than 25 MT of drugs and other medical supplies. It was flagged off from Chennai port by Chief Minister of Tamil Nadu Thiru M.K Stalin on 18 May 2022. This is also the first consignment under a larger USD 16 million commitment of 40,000 MT of rice, 500 MT of milk powder and medicines by the state Government of Tamil Nadu.

Handed over materials shall be distributed among vulnerable and needy sections in various parts of Sri Lanka including Northern, Eastern, Central and Western Provinces by Government of Sri Lanka in the coming days.

More humanitarian consignments and other forms of assistance from India shall follow. Multi-pronged endeavour by both the Government and the people of India underlines the importance attached to Sri Lanka and reflects their concerns for the well-being of its people. Support extended to Sri Lanka ranges from economic assistance worth around USD 3.5 billion, supply of vaccines, testing kits, close to 1000 MT of liquid oxygen to combat COVID-19, immediate response by the Indian Navy and Coast Guard to mitigate marine disasters, etc.”

Sri Lanka’s utterly irresponsible political leadership has achieved the unthinkable. The country has been reduced to such a pathetic state, it has ended up receiving food assistance from the state government of Tamil Nadu. Sri Lanka should be ashamed of having to receive food assistance from an Indian state, 13 years after having proudly defeated the Liberation Tigers of Tamil Eelam (LTTE) considered impossible by many a pundit and against the wishes of the haughty West. Can that be the root of the unprecedented problems? Perhaps one day the truth will unravel through the work of an outfit, like WikiLeaks, on how Hawala or Undial underground cash transfer systems so successfully dried up foreign exchange flows into the country, leaving it unable to find even a few million dollars to clear an urgently needed shipment of cooking gas or lifesaving drugs. However much the deep state is entrenched in Western democracies with the open help of their ‘independent’ media controlled by the military-industrial complex, there are still plenty of people with clear consciences who want to do justice to the world.

R.K. Radhakrishnan, writing to India’s national magazine Frontline described the Tamil Nadu gesture as ‘a province in a developing country extending its assistance to another country.’ That line is sufficient to comprehend Sri Lanka’s plight. In spite of initial disagreement between Tamil Nadu and the Central Government of India regarding the humanitarian assistance offered by TN Chief Minister M.K. Stalin, they reached consensus on the matter. Four days before the despicable Temple Trees project, borne out of frustration caused by the government’s inability to end the sieges at Temple Trees and the Presidential Secretariat by so- called peaceful protesters, triggered mayhem in Sri Lanka. They were anything but peaceful by the way they tried to storm President Gotabaya Rajapaksa’s private residence at Pengiriwatte, Mirihana, in late March.

Then Premier Mahinda Rajapaksa, struggling to save his premiership, wrote to CM Stalin: “I wish to thank you and the Tamil Nadu government on behalf of the people of Sri Lanka, for viewing the country’s crisis from a humanitarian standpoint, rather than a problem concerning another country.”

Six days later Mahinda Rajapaksa was compelled to quit the premiership. The war-winning President and his family were compelled to take refuge at the strategic Eastern Naval Command after having abandoned Temple Trees, Kollupitiya, the nerve centre of the disastrous May 09 project, fearing a fate similar to that which met Libya’s Gadhafi, where, too, the truth was turned on its head.

An elder brother’s lament

Chamal Rajapaksa, 80, possibly serving his last term as a lawmaker, recently faulted younger brother and twice President Mahinda Rajapaksa for continuing in politics even after completing two presidential terms. The elder Rajapaksa attributed the current crisis to Mahinda Rajapaksa’s continuation in active politics. Chamal Rajapaksa said that politicians should be prepared to give up power. Otherwise, they have to be prepared to face situations like this if they were greedy for power. The one time Speaker was commenting on his brother’s dilemma in the wake of him losing the premiership. Chamal Rajapaksa said: “Ranil Wickremesinghe is very lucky. In 2015, Wickremesinghe was able to secure premiership in spite of not enjoying a parliamentary majority. Now, the UNP leader secured the premiership without another MP in Parliament. Wickremesinghe is lucky and the country too is fortunate that we have him to take up the mantle of leadership despite all his shortcomings of the past, when all other politicians are playing their petty tricks to grab power while the country was literally going up in flames.

But, can Chamal Rajapaksa absolve himself of his share of responsibility for the crisis that forced President Gotabaya Rajapaksa to leave his brothers, Chamal and Basil as well as nephews, Namal and Shashendra, out of the Cabinet of Ministers. President Rajapaksa, himself is under pressure to do away with the 20th Amendment to the Constitution that gave him dictatorial powers. The abolition of the 20th Amendment enacted in Oct 2020 is part of the overall agreement sought by some of those who accepted ministerial portfolios in the current dispensation. Both PM Wickremesinghe and Justice Minister Dr. Wijeyadasa Rajapakse, PC, will push hard for the abolition of the 20th Amendment.

Before commenting further on ongoing moves to introduce the 21st Amendment at the expense of the 20A, it would be pertinent to examine Chamal Rajapaksa’s role as the Speaker (April 22, 2010-June 26, 2015) especially against the backdrop of his criticism of Mahinda Rajapaksa’s conduct. Chamal Rajapaksa, who has represented the Hambantota electoral district since 1989, continuously has declared that his brother Mahinda should have called it a day after completing two presidential terms (2005-2010 and 2010-2015).

Having said so, lawmaker Chamal Rajapaksa owed an explanation as regards his role in the enactment of the 18 A to the Constitution at the expense of the 19 A. During Chamal Rajapaksa’s tenure as the Speaker, the Parliament passed the controversial 18th Amendment Bill on Sept. 8, 2010, with 161 MPs voting for and 17 against the Bill. The following are some of its key points:

(a) The President can seek re-election any number of times (earlier it was limited to two;

(b) The ten-member Constitutional Council replaced with a five-member Parliamentary Council;

(c) Independent commissions are brought under the authority of the President; and,

(d) The 18th Amendment enabled the President to attend Parliament once in three months and entitles him to all the privileges, immunities and powers of an MP other than the entitlement to vote. In short, it is all about arming the President with absolute power.

The 18th Amendment was meant to empower Mahinda Rajapaksa. Chamal Rajapaksa, in his capacity as the Speaker, oversaw the operation. The impeachment of Shirani Bandaranayake, the 43rd Chief Justice of Sri Lanka, and her removal by President Mahinda Rajapaksa in January 2013 should be examined against the backdrop of enactment of the 18th Amendment. Chamal Rajapaksa served as the Speaker at the time Justice Bandaranaike was removed. She was accused of several charges, including financial impropriety and interfering in legal cases, all of which she categorically denied. But her husband was found guilty by courts over his shady dealings.

Speaker Chamal Rajapaksa ensured the implementation of the then UPFA government’s strategy. Having served as a minister till April this year and played a critical role in the manipulation of Parliament, it wouldn’t be fair to find fault with Mahinda Rajapaksa solely for being power hungry.

Chamal Rajapaksa also made reference to Wickremesinghe receiving the premiership in 2015 following the presidential election, in spite of not having at least a simple majority in Parliament. Chamal Rajapaksa appeared to have conveniently forgotten that he continued as the Speaker even after Wickremesinghe was appointed PM after having unceremoniously discarded the late D.M. Jayaratne. The UPFA leadership didn’t even bother to ask Jayaratne before reaching consensus with President Maithripala Sirisena and UNP leader Wickremesinghe over the premiership following Mahinda Rajapaksa’s shock defeat at the January 2015 Presidential election held ahead of schedule on the advice of an astrologer. Central Bank Governor Arjuna Mahendran perpetrated Treasury bond scams in Feb 2015 and March 2016 in connivance with then Premier Wickremesinghe-led government.

The UNP-led government also betrayed the war-winning Sri Lanka military at the Geneva based United Nations Human Rights Council (UNHRC).

Chamal Rajapaksa absolutely had no issue in continuing as the Speaker until June 26, 2015 when President Maithripala Sirisena dissolved Parliament to save the UNP. The dissolution of the House was meant to prevent the Committee on Public Enterprises (COPE) from submitting its report on the first Treasury bond scam to the House. Now again Chamal Rajapaksa has accepted Ranil Wickremesinghe as the Premier. Maithripala Sirisena, who sacked Wickremesinghe in late Oct 2018 and then offered him the premiership back within two months following judicial intervention and the primary beneficiary of Oct 2018 constitutional coup Mahinda Rajapaksa, are also in the same parliamentary group now headed by Wickremesinghe.

Proposed transfer of executive powers

The Bar Association of Sri Lanka (BASL) is pushing for the abolition of the Executive Presidency. The BASL wants Premier Wickremesinghe to demonstrate as early as possible his ability to establish a consensus among the political parties in Parliament and endeavour to build a representative Government of National Unity to implement a Common Minimum Programme (CMP) in the public interest.

The BASL insists on a clear timeline to introduce critical constitutional amendments proposed by the outfit, including the introduction of the 21st Amendment to the Constitution and the abolition of the Executive Presidency.

The National Joint Committee (NJC) is concerned about the BASL’s strategy. The nationalist outfit believes the SJB and the BASL are working on a similar agenda to do away with the Executive Presidency without changing the current electoral system or repealing the 13th Amendment.

If the ongoing joint high profile project to introduce 21 A to the Constitution succeeds, the UNP leader will receive powers at the expense of the Executive Presidency. Having received an overwhelming mandate at the last presidential election in Nov 2019, Gotabaya Rajapaksa stands to lose executive powers to Wickremesinghe who accepted the challenging task of rebuilding the devastated national economy.

Those who launched the ‘Gogotahome’ campaign remained skeptical about the SLPP’s commitment to introduce the 21 A. They believe the architects of the 20 A would do whatever possible to sabotage efforts to do away with the executive presidency. They believe the SLPP founder Basil Rajapkasa, who still wields power over the party apparatus reeling under accusations pertaining to unprovoked attacks on the public demanding the resignation of President Gotabaya Rajapaksa and Prime Minister Mahinda Rajapaksa.

Ranil takes premiership amidst BASL bid for all party-consensus

  SPECIAL REPORT : Part 419

Published

  2022/05/18

A smiling Premier Ranil Wickremesinghe reacts to President Gotabaya Rajapaksa after receiving the premiership. Gamini Senarath, Secretary to the President looks on. Mrs Maithri Wickremesinghe was present at the brief ceremony at the President’s House, Fort last Thursday evening (pic courtesy PMD)

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.

A tragedy

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.

Possible link between TID head’s arrest and Easter Sunday massacre baffles retired DIG

 SPECIAL REPORT : Part 418

Published

  2022/05/11

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.

Key issues

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.

Cardinal’s stand

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.