Mahinda Rajapaksa’s surprise show at ‘The Hindu Huddle’ in Bengaluru

Mahinda Rajapaksa and N. Ram at the Huddle 2019 in Bengaluru on Saturday. (The Hindu)

Rajan Philips-February 16, 2019, 9:15 pm 

Sri Lankan political circles were surprised at the news that Mahinda Rajapaksa had been invited to and did deliver the inaugural address, last Saturday, at the third annual ‘Huddle’, in Bengaluru, Karnataka, a ‘thought or ideas conclave’ organized by The Hindu Group, publishers of the prestigious Chennai daily, The Hindu, and other journals of note. To the government circles in Colombo, the surprise may have been rather unpleasant given the intended and unintended symbolism of their nemesis’s participation in a media event in India, in what is going to be a national election year for both India and Sri Lanka. It is the symbolism of the invitation and not the substance of the speech that would have given anxiety to UNP folks in Colombo, even as it has given quite a mouthful of starch for political chewing. As for Mr. Rajapaksa, the Bengaluru outing may have come as a pleasant reprieve after the political and constitutional setbacks he had been suffering at home since October last year thanks to the amateurish antics of Maithripala Sirisena and SB Dissanayake.

The former President spoke on "The Future of India-Sri Lanka ties," and the inaugural session including the discussion following the speech was chaired by no less a person than N. Ram, the Chairman of the Hindu Group. Ram is a fascinating and a formidable persona on the Indian social, political and, most of all, media landscapes. A rare individual who has effortlessly floated between the powerful and hugely respected orthodoxy of the Kasthuri family fortunes in Chennai and the Marxist intellectual undercurrents of the Indian political Left, not to mention his wicket keeping for the Tamil Nadu State Cricket Team, Ram was editor and managing editor of The Hindu for many years until he was elevated upstairs in recent years as Chairman of the Group in a somewhat amicable resolution of family feuds over the control of editorship of the Group’s many publications. In Sri Lankan political circles, it is not unfair to say that Mr. Ram is now best known for his mutually-admiring friendship with Mahinda Rajapaksa. Their friendship might be a plausible reason for the invitation extended to Mahinda Rajapaksa and his attendance at the Huddle in Bengaluru.

The connection may seem curious in the light of Ram’s signature reputation in journalism as a methodically informed critic of government policy and a crusader against corruption at the highest levels. He made a mark as The Hindu’s Washington correspondent in the early 1980s exposing otherwise unknowable details of the agreements between the IMF and the Government of India. Years later, he gave editorial publicity to the background deals between a Swedish arms supplier and the Rajiv Gandhi government, in what came to be known as the Bofors scandal. Even now, although in virtual retirement, he has stepped in to give his imprimatur to the corruption allegations against the Modi government over the supply of Rafale aircraft from France. On the other hand, Mahinda Rajapaksa and his family are the most embattled political figures over allegations of corruption in Sri Lanka’s modern history. So, the Ram-Rajapaksa connection might seem a little strange to Sri Lankans familiar with Indian political journalism and Sri Lankan political corruption.

The Huddle

In fairness, there is a lot more to the Huddle in Bengaluru than the Ram-Rajapaksa connection. The Huddle is the brainchild of Mukund Padmanabhan, the current Editor of The Hindu, and is intended as a by-invitation-only annual forum "for thinkers and leaders to interact with lively minds and engage with new ideas." The event is organized around over a dozen sessions of "debate and discussion between heads of state, policy makers, academicians, artists, writers, business and thought leaders on topics of national, social, economic and cultural interest." Hamid Karzai, former President of Afghanistan, delivered the keynote address in 2017. The 2018 Huddle featured an inaugural forum: "Exile: The challenges of leading from afar", a "Conversation with N. Ram" of three exile invitees: Mohamed Nasheed, the deposed President of Maldives; Pakistani-American Writer Farahnaz Ispahani; and SC Chandrahasan, Sri Lankan Human Rights Activist living in India. In 2019, the featured foreign guest was Mahinda Rajapaksa.

With the Indian general elections scheduled for April-May 2019, the electoral prospects of the ruling BJP and the opposition Congress were naturally the lively topics of debate and discussion at The Huddle this year. The electoral prognostications were mostly around the extent to which the ruling BJP is going to lose voter support and seats in the Lok Sabha, and the extent to which the resurgent Congress will increase its tally of MPs in the Lok Sabha. Whether the differentials will be enough to effect a change in government is still an open question. But there is agreement that Modi and BJP are not going to repeat their sweeping success in the Hindi Belt and Cow Belt states as they did in 2014. They have already lost a number of state elections and whether Modi can re-enact his electoral magic is the subject of speculation. The rise of Rahul Gandhi, as a formidable contender in 2019, after his crushing defeat in 2014, is the real political story in the runup to the elections regardless of what the results might turnout to be.

It is the coincidence of the election year that has raised eyebrows and led to speculations about Mahinda Rajapaksa’s presence at the Huddle in Bengaluru. He is not a retired Sri Lankan politician, but very much a contender for not only returning to power in Sri Lanka, but also creating a Rajapaksa dynasty in the island. The irony is that last year, the former President took his son to New Delhi to introduce him to Prime Minister Modi. He again took Namal Rajapaksa to Bengaluru where the buzz was all about Rahul Gandhi. The Hindu has always been a bulwark for secularism in India and has never been shy about denouncing the BJP and the Modi government for their Hindutva politics. As for the future of India-Sri Lanka ties, will it be any different if the Congress and the Rajapaksas return to power in their respective countries?

What Rajapaksa did not say

As for Mr. Rajapaksa’s inaugural speech itself, it was more interesting for what he actually did not say, or avoided saying, rather than what was said. Talking about the future of India-Sri Lanka ties, the former President did not utter a word about the famous or infamous Indo-Sri Lanka Accord of 1987. Nor was there any word about the unlucky 13th Amendment, the tattered state of devolution in the country, or the dissolved status of a majority of the country’s Provincial Councils – all of them artificially inseminated children of the Indo-Sri Lanka Accord. I am not cavilling here because of the known lack of support for, or the indifference to, the project of devolution on the part of the Rajapaksas. But given this position and his presidential experience of Sri Lanka’s experiment with devolution, the former President could have laid bare an intellectually honest case on the pros and cons of the Indian intervention and Sri Lanka’s experience of its aftermaths. One cannot talk about the future of India-Sri Lanka ties without talking about what many among the Sinhalese honestly think is a pile of provincial mess that India has created in Sri Lanka.

On the contrary, Mr. Rajapaksa chose to be critical of two periods of trouble in the relationship between the two countries after independence. One was the 1980s which extended over a period of several eventful years, and the other was 2014 which did not last more than a few months and was relatively unremarkable. We do not have to rely on Mahinda Rajapaksa to learn about what happened in the 1980s, but 2014 was his last year in power and the first year of Modi’s government in India and Mr. Rajapaksa chose to project what happened between them as a lesson in history. His central complaint was that until the change of government in India in 2014, the India-Sri Lanka ties were in good shape and there was a good understanding between the Rajapaksa government in Sri Lanka and the then Congress government in India.

The key to this good relationship was the mechanism of the ‘Troika’, which the former President touted as a model for future relationships between the two countries. There were in fact two Troikas. The one in Sri Lanka included brothers Gotabhaya Rajapaksa, Basil Rajapaksa and Presidential Secretary Lalith Weeratunga. The three on the Indian side were all career officials: the National Security Advisor, Foreign Secretary, and the Defence Secretary, who at that time were, respectively, MK Narayanan, Shankar Menon and Vijay Singh. President Rajapaksa’s contention now is that after Modi became Prime Minister, the relationship turned sour because Delhi somehow gave up on the Troika mechanism.

The truth of the matter is that in 2014, the Rajapaksas were becoming intransigent over the implementation of the 13th Amendment and the Manmohan Singh government in last days was getting to be ineffectual on all fronts. When Narendra won his resounding victory, the Rajapaksas were initially delighted thinking that they might fare better with an energetic Hindutva Prime Minister than in dealing with an ineffectual Congress leader. Their hopes were raised higher when Mahinda Rajapaksa was invited to the inauguration of the Modi government in Delhi. After the ceremonies, however, Modi obviously briefed by his officials, reset the clock to 13A. That was the end of the honeymoon.

More importantly, the Rajapaksa government did not last much longer in Sri Lanka after Modi became India’s Prime Minister. So, there is no real historical lesson to learn from the Modi-Rajapaksa relationship that lasted only about six months. As to what Sri Lanka might do with its messed up Provincial Council system is now a matter for Sri Lankan political leaders and political parties to figure out. India can or has very little to do with, and that is the way it should be no matter who is in power in Colombo or in New Delhi,

Protest against illegal sand mining in Batticaloa

190213 Batticaloa illegal sand mining protest EA 2.jpg

 16 February 2019

Residents in Kiran demonstrated this week against the local authority's failure to stop illegal sand mining taking place in the region. 

Protesters warned the unauthorised and excessive excavation that was taking place was putting the area's land stability at risk. 

Related Articles: 

29 January 2019 : Japan grants Rs 100 million for demining in North

03 September 2018 : Tamil de-mining worker dies in landmine explosion

21 July 2017 : Japan provides further US $611,000 for de-mining activities in North-East Sri Lanka

New Constitution, a long felt need

Dr. Wickramabahu Karunaratne-Saturday, February 16, 2019

Sri Lankan High Commissioner to India, Austin Fernando, has said that Sri Lanka needs the refugees to return from India. This he has said after Fernando, paid a visit to Chennai to obtain first-hand knowledge of the situation pertaining to Tamil refugees. He told TheHindu that Lanka needs its citizens. “We want them to return. And, after a disastrous situation, people do not get the best of things which they would like to have. But we will try to give the best offer to everyone who returns,” he said. Austin is considered to be a strait state servant with a sympathetic view on Tamil national question.

Commenting on the package which would be offered to the returnees, Fernando said it has several components. “The basics have to be attended to, like a house, a land to live on and assistance for resettlement and rehabilitation. When Prime Minister Ranil Wickremesinghe was in New Delhi in October 2018, a decision was taken that the verification of people - 3,815 names of the refugees - should be undertaken by the Indian Government. The returnee package has to be worked out and that is the job of the Sri Lankan Government. I am not sure how far the verification process has progressed. As we are trying to get refugees back to their home areas, there must be some package, which has to be upgraded,” he said.

Some Tamil leaders condemn this project stating "Do these sick, insane mentally ill diplomats want them back without good reasons? Returning to Sri Lanka for what? No homes. No jobs. Continuous and none stop harassment, torment, torture, thuggery, hooliganism, racism discrimination rape murder? What more?" It may be the reaction of suffering Tamils displaced from their homeland. But on the other hand we must come back to the homeland even under difficult conditions to fight for our rights.

In today’s politics moral equivalence is confined to bribery and corruption, while suitability for public work and social–political leadership are confined to arguments and debates over corruption within the country. Media bosses dominate the show with enslaved media professionals. When the main political parties are all corrupt ‘all are the same’ becomes the argument of everybody. There is also no moral equivalence, in intellectual honesty or social ethical training and family heritage to be count, false or otherwise. There are only immoral equivalences; based on sinister stories plenty of ‘what about the other’; as there are now in Lankan art, music and other artistic commitments. When political choice is narrowed to choosing between similar immoral public figures, the only way to positively move forward is to break out of the choice of immoral equivalents with only limited choices, and positively expand the people’s choices in real mass actions.

Presidential candidate

Some political pundits say that all leaders are immoral and no political party can nominate a presidential candidate, hoping presidency will remain, with clean hands and honest intentions; the idea of independent candidate becomes important. In that sense Maithripala Sirisena was an independent candidate supported by the UNP in last presidential election. Many UNPers today say that they made a fundamental mistake by selecting Sirisena. Though presidential elections not in the card it came out unexpectedly in the Civil Society Mass meeting on February 8 at Kadirgamar Centre. Isn’t it time for the people to clean out the whole bunch? It is that simple as an idea, and it is that difficult to execute. But it is not either inevitable or impossible.

Political change cannot be brought about by chanting prayers, chasing planets, or breaking coconuts. Nor does Lanka need a bloody violent revolution through terror. Simple elections with mass backing are good enough to effect big enough changes. That has been the experience from 1931 to 2015, even though the outcomes have been mostly mixed and often short-lived. It depends on the mass actions during and before elections.

Lanka’s current problem is that the same old problems have been passed over from the hands of the sublime to the hands of the ridiculous. Prof. Sarath Wijesooriya attacked mercilessly not only on President Sirisena but also Premier Wickremesinghe too. That shook the meeting that expected the coming back of PM Wickremesinghe will point the march for victory. Meeting was crowded with Tamils, Muslims and Christians in addition to anti-racist Sinhala. Shocked by negative approach, one got up supported by many, raised humbly the apt question ‘who will be our new messiah!'

That is how in the past, we came upon the obnoxious 18th Amendment, we concentrated on that and finished it by 19th Amendment. However we could not change the constitution and bring a new constitution. That is the most urgent task for which we pushed Ranil to forefront; and after not getting that, we are stuck with the imperfections of the 19th Amendment. And the debate between the two sides has become the proverbial tale of the pot and the kettle calling each other black. It is not only in regard to the constitution, but also in regard to acts and allegations of corruption and instances of abuse of power. When both sides have immoral equivalences, neither side can claim a high moral ground over the other. Any allegation by one side against the other provokes the retort – what about your side? End of discussion. Who would have thought that in January 2015, an obscure common opposition candidate would get the better of a governing juggernaut that too had stolen the national limelight after starting in obscurity and was hell-bent on taking out Lanka on a 99-year lease? The people made it happen in January 2015. They can make it happen again. But they need a candidate who can best represent the most of what they want. This is the shallow thinking of Sinhala pundits. The country needs a people’s candidate as opposed to party and family candidates!

People’s constitution

The idea of a people’s candidate sits well with the recent initiative for people’s constitution- following the consensus reached by 46 people’s organisations at a meeting in Colombo convened by the Punarudaya Movement on Saturday, January 19, 2018, to launch a ‘Movement for Making a People’s Constitution’ based on a 'grand alliance' of people’s organisations. The gathering of 46 organisations and the launching of a broader movement for a ‘people’s constitution’, demonstrates two political facts irrespective of who started and paid expenses for the project.

One, the dissatisfaction with the existing constitutional system and the desire to overhaul it might be more deep seated and widespread than what most constitutional experts and political commentators might be willing to concede. This was shown by the people’s uprising in the last 53 days democracy movement. And, two, the new movement demonstrates the determination to take the task of constitution making beyond the hands of politicians in parliament and incorporate it to become a genuinely participatory constituent assembly.

The real question is what the associated organisations will do to advance their project in this year of elections, 2019? It should be obvious to them that what happens before the upcoming presidential, parliamentary, not to mention provincial elections, will undoubtedly have serious implications for the constitutional project. The project itself is an extension of the single-issue movement for abolishing the executive presidency launched by late Sobitha Thera in 2014. The project is also the result of the people’s frustration with what has transpired after the January 2015 election victory that was a direct outcome of Sobitha Thera’s movement.

It is incumbent on everyone who did the political legwork in 2015 to make sure that the expectations of 2015 are not further stalled or totally reversed by the upcoming elections in 2019 and 2020. Democratic movement should put all efforts to change the constitution in the coming months. We can expect only stalling and backpedaling from the candidates who forget the task of democracy. Rajapaksa’s mission is to reverse the verdict of January 2015 and take the country back to the 18th Amendment and unlimited presidential powers and terms for the Rajapaksas.

Poverty cutoff figure rises to Rs 4,584

PANEETHA AMERESEKERE- FEB 15 2019

The country’s island-wide poverty cutoff point jumped sharply by Rs 52 to Rs 4,584 last month; complementing the increase in inflation,  which saw last month’s Colombo inflation accelerate by 0.9 percentage points to 3.7% over its December figure.

That means people have to earn more to keep their noses above the water, without being swamped by the waters of poverty, to be downgraded by  being classified as being poor.

Sri Lanka’s last poverty headcount was in 2016, which saw 4.1% or 843,914 individuals in poverty.

The poverty cutoff point then was Rs 4,166 per person, per month. Since then, egged on by inflation, the poverty cutoff point has accelerated by Rs 418 to Rs 4,584.

If the value of the poverty line is increased by 10% (from Rs 4,166 to Rs 4,582.60) then the poverty head count index increases up to 6.1%, the Government owned Census and Statistics Department (CSD) which compiles such figures then said.

 That means that the number of people who are in poverty increases from 843,913 to 1,255,702. Further, if real per capita monthly expenditure is decreased by Rs.100, then the poverty headcount index will be increased up to 4.5% (933,087 individuals), it added.

The cure for the Constitutional Council

BY J.C. WELIAMUNA-17 February, 2019

 Lanka today faces another constitutional crisis. At the centre of the crisis is the dynamic between the Constitutional Council, a creation of the 19th Amendment to the Constitution, and the executive presidency, itself a creation of the 1978 Constitution. Both the executive powers of the President and the powers of the Constitutional Council are the laws of the land, set into stone through our country’s cherished democratic process. It is a grave threat to the foundations of our very democracy that several seasoned parliamentarians and lawyers, who should know better, are trying to trick the country into believing otherwise.

To understand the Constitutional Council and the 19th Amendment to the Constitution that created it, one must understand the dynamic that prevailed between the executive, legislative and judiciary branches of government before the 19th Amendment was signed into law on May 15, 2015 by Speaker Chamal Rajapaksa, after being voted for by nearly every single Member of the 225-strong Parliament, including all but one MP of the UPFA.

Before this landmark piece of legislation became law, it was the case that the President of Sri Lanka enjoyed sweeping powers to unilaterally appoint and promote all judges, police officers, prosecutors and public servants in the country. The co-called Parliamentary Council acted as merely a rubber stamp for Mahinda Rajapaksa, who took control of Parliament, emasculated to the 17th Amendment and enacted the 18th Amendment with three specific objectives.

The first was to remove the two-term limit on the executive presidency so that he could effectively become President for life. The second was to abolish all authorities that could have acted as a check on the President’s power to make constitutional appointments. The third and final objective was to bring the entire executive branch of the Government on its knees to the executive president, who with almost royal prerogative had control over their appointments, promotions, transfers and welfare.

The way Mahinda Rajapaksa wielded and abused this power was responsible in no small part to his crushing electoral defeat in January 2015 by Maithripala Sirisena, by a margin of over 400,000 votes. This point was not lost on the new President or his chosen Prime Minister, Ranil Wickremesinghe, whose almost singular focus over the next five months was to reverse and repeal the legislative nuclear warhead planted at the heart of our democracy by Mahinda Rajapaksa.

The 19th Amendment brought in a new beginning of democratic governance, mooted by the will of the majority of Sri Lankans led by none other than the Ven. Madulwawe Sobhitha Thero. What did the 19th Amendment to the Constitution do when it became law?

It brought back a two-term limit on the executive presidency, shortening each presidential term of office to five years from six. Real power was injected into the independent commissions such as the Jucidial Services Commission, Police Commission and Public Service Commission to bring independence to the judiciary, police and public service at large. The powers of the Prime Minister and the Cabinet of Ministers were enhanced in line with other modern parliamentary democracies.

Executive actions of the president became subject to judicial review. Most importantly, a critical check and balance – the Constitutional Council – was brought into what was once an unfettered power of the President to appoint persons of his sole choice to critical judicial and government posts.

Anyone who listened to the fierce criticism of the Constitutional Council by people like Mahinda Rajapaksa and Wijeyadasa Rajapakshe could almost be forgiven for believing that the 19th Amendment and Constitutional Council were the sole creation of the UNP, masterminded by Ranil Wickremesinghe and Karu Jayasuriya in a secret lair at the behest of the Tamil National Alliance.
History brings with it many inconvenient truths for those who find solace in such fictions. For truth be told, the 19th Amendment was voted for by 212 Members of the 225 Members of Parliament. These eminent legislators included Wijeyadasa Rajapakshe and ‘Joint Opposition’ heavyweights such as Namal Rajapaksa, Wimal Weerawansa, Dinesh Gunawardena, Nimal Siripala de Silva.

Opposition Leader Nimal Siripala de Silva marked the occasion by stating affirmatively that the UPFA, without whose support the bill would have failed, strongly supported the amendment. He commended the leadership given by President Sirisena who, in his words “had succeeded where none of his predecessors could” in delivering landmark reforms to the Constitution. Even while the bill was going through the motions in Parliament, it was none other than then Justice Minister Wijeyadasa Rajapakshe who steered through the various amendments to the bill at the committee stage.
We must ask ourselves the reason and root cause of the sudden propaganda campaign against the Constitutional Council. This is nothing other than a political manoeuvre by a former President, hungry for power, with an extremely transparent scheme in mind.

In my view, although the 19th Amendment prevents Mahinda Rajapaksa from contesting the presidency once again, this grounds well of opposition he and his supporters are inciting is nothing less than an effort to cause the repeal of the amendment to enable him to become the next President. In this endeavour he is supported by an ideological cluster that has our country’s most shamelessly xenophobic ultranationalists at its core. These forces have unfortunately gained ground over the last four years due to the weak political strategies, or lack thereof, of the present Government.

Those who benefited from Mahinda Rajapaksa’s presidency and total ‘state capture’ prior to 2015 will stop at nothing and will do anything possible to regain their niches and seize control once again with their henchmen of the political, social and economic levers of power in Sri Lanka. The former President and his entourage have no time or respect for any system that check or scrutinize his powers. This is why prior to 2015 the independent commissions were totally paralyzed.

One of the most bizarre attacks on the Constitutional Council has come from one of its inaugural members, UNP Wijeyadasa Rajapakshe, who was nominated to the Council by Prime Minister Ranil Wickremesinghe and served on the CC for over two years, from September 9, 2015 until his resignation on December 28, 2017 for unstated reasons. During his tenure on the Council, he supported every single decision of the oversight body, which is why I am flummoxed at whether he is expressing his personal view or that of his party in Parliament when he criticizes the Council.

Rajapakshe has criticized the Council’s failure to approve former Solicitor General Suhadha Gamlath as Attorney-General and the overlooking of Senior DIG S.M. Wickremasinghe as a possible IGP, calling these and other decisions of the Council unfair and unjust. He does not, at any point, explain why he supported these and other decisions as a Member of the Council, which he sat on for over two years.

Even if not today, someday in the future Wijeyadasa Rajapakshe and his descendants can take pride in the accomplishments of the CC under his watch. In the two years in which he served the Council and thereafter, the country has seen a remarkable improvement in the quality of the delivery of justice. Judges vetted unanimously by the Council and appointed by the President, have been dignified, independent, competent and dynamic. This is an achievement discussed among the judiciary around the world, and none other than our own judges hear this for themselves when they interact with their counterparts across the globe.

In the same way, whatever the misgivings of his political allies, President Maithripala Sirisena can take pride in having begun a healthy tradition of submitting more than one nomination to the Constitutional Council for several vacancies and empowering the Council with a choice. This is a deferential gesture without precedent in the history of the Sri Lankan presidency.

On every such occasion when the President has submitted multiple nominations to the Council, they have approved one of the nominations of the President. On those occasions where the Council declined to approve a nominee, the President has submitted fresh nominees to the Council, who have been approved. It is clearly not the President who is injured by this process, but some other party whose water Wijeyadasa Rajapakshe is carrying.

Rajapakshe has also chastised the Constitutional Council for ‘ignoring’ seniority. Again, as a Member of the Council who participated in its deliberations, he knew long before the rest of the public that the Council considered seniority among several other factors in vetting nominees for key positions.
Speaker Karu Jayasuriya recently gave lie to this allegation by releasing the true facts and figures. As a former Member of the CC, Rajapakshe should be more responsible.

If seniority were the only necessary criteria in filling appointments, there would be no meritocracy in the public service and no incentive for the judiciary, civil service and police to work hard and distinguish themselves. In any event, if seniority was all that counted, the legislature did not need to establish a Constitutional Council with any discretion at all. The President could just be instructed to call for a seniority list and appoint the most senior candidate for any given position.

Instead, the CC has a mechanism and guidelines by which candidates are vetted and filtered. Undoubtedly, such discretion leads to some individual candidates not meeting the mark. But who could argue that such a process does not incentivize distinction, hard work and independence throughout the judiciary and public service? If public servants, police officers and judges know that their career prospects at the height of their careers will depend on scrutiny of their track record by a Council made up of all political parties and eminent persons from civil society, any incentive to work according to the whims of a given political master rapidly evaporates.

The entire world just witnessed the high price that Mahinda Rajapaksa has paid for our country having developed an independent judiciary at the Court of Appeal and the Supreme Court over the last several years.

It is in this backdrop that Mahinda Rajapaksa, Wijeyadasa Rajapakshe and others have begun lobbying for policy positions that have brought us to a constitutional crisis with the vacancy in the presidency of the Court of Appeal created by the promotion of former Court of Appeal President Preethi Padman Surasena to the Supreme Court.

Rajapakshe has charged that the Constitutional Council is obstructing the President from appointing a President to the Court of Appeal, a claim he knows full well as a lawyer, MP and former member of the CC, is utter rubbish. The Constitutional Council is duty bound by the highest law of the land to examine the suitability of nominees sent to it by the President. In the case of nominees to the Court of Appeal and Supreme Court it is further mandated to obtain the views of the Chief Justice.

On this occasion, the Speaker has made it abundantly clear that upon receiving the President’s nomination to replace former CA President Surasena, the Council forwarded the nomination to the Chief Justice to obtain his views, as it was explicitly required to do by Article 41C (4) of the Constitution. According to media reports, the Chief Justice did not provide a favourable recommendation, and so the Constitutional Council would be derelict in their duty if they, without cause, gave the nod to a judicial nominee who lacked the support of the Chief Justice.

In this situation, with a judiciary, Attorney-General’s Department and private bar rife with highly qualified and suitable nominees, the solution is for the President and the Council to deliberate over additional nominees, and ideally arrive at a nominee of the President sanctioned by the Chief Justice with the blessing of the Constitutional Council. Per Article 41C of the Constitution, the approval of the Council is mandatory for the appointment of a President to the Court of Appeal. Thus, the days Mahinda Rajapaksa hankers for, where he alone could pick judges according to his whims and fancy, are long gone.

Until a permanent President of the Court of Appeal is appointed, there remains another serious legal dilemma with the appointment of ‘Acting’ Presidents of the Court of Appeal. Article 109 (1) of the Constitution makes special provisions relating to appointment of an Acting President of the Court of Appeal. An acting appointment can be made only where a sitting President of the Court of Appeal is “temporarily unable to exercise, perform and discharge the powers, duties and functions of his office, by reason of illness, absence from Sri Lanka or any other cause.”

In short, for an acting appointment to be made, there must be a ‘permanent’ President of the Court of Appeal who is temporarily unable to exercise, perform and discharge the powers, duties and functions of his office. No such situation arises at present, as on January 9, the Presidency of the Court of Appeal became vacant and the vacancy has not been filled.

This leaves the appointment of acting Presidents to the Court of Appeal in a legal quandary. Article 41C (1) of the Constitution requires the approval of the Constitutional Council for the appointment of many positions including the President of the Court of Appeal. Article 41C (2) further provides that the approval of the Constitutional Council is needed for an acting appointment to such positions for a period exceeding 14 days, or for successive periods not exceeding 14 days.

As a result, there is at present, no constitutionally established Court of Appeal. This is a national crisis as unconstitutional as the dissolution of Parliament in November 2018. It is yet another deadlock or impasse.

The resolution to this impasse is for the Constitutional Council and the President to work together to decide on a suitable candidate to succeed Justice Surasena. Their work must not be hindered or fall to the pressure of those who seek to manipulate the courts and the Constitution to serve their own personal political agendas.

Politics of Hopelessness

"We were on the Titanic and everyone knew it was hitting the iceberg" Eric Hobsbawm (Interesting Times)

Tisaranee Gunasekara-February 16, 2019, 8:44 pm 

In a few months, we, the Lankan voters, will be asked to make a choice that history may well term tragic. The UNP, the SLFP, the SLPP and the JVP have all expressed an interest in entering the presidential race. President Sirisena, if he is insensible enough to contest, will find himself in the ignominious position of vying with the JVP for the third place. At the next presidential election, the real battle will be between the nominees of the UNP and the SLPP.

A Rajapaksa victory will return Sri Lanka to the authoritarian path. Familial rule will be restored, alongside Rajapaksa-led militarisation of civil spaces. The freedoms gained in the last four years will either be rolled back (19th Amendment) or retained only as facades (the Right to Information Act). Extremism will become the norm (monk Galaboda-Atte Gnanasara will be as free as a bird) and violence the preferred solution to most problems (starting with dissent). Civil liberties will be undermined in the name of restoring discipline while Rajapaksa acolytes run riot with total impunity. It is instructive to remember that during the previous Rajapaksa rule, the monitoring MP of defence and his cohorts gunned down a presidential adviser in broad daylight; and a hand-picked head of a local council and his cohorts gang-raped a Russian tourist and murdered her British fiancé. That was how the haven of discipline worked in reality.

The main choice at the next presidential election will be straightforward – does Sri Lanka return to Rajapaksa rule or not. And it will be presented so by the two main contending formations – the SLPP as a promise and the UNP as a threat. The SLPP will use the ‘Mahinda magic’ to enthuse true believers into voting for a candidate who is not Mahinda Rajapaksa. The UNP will use the ‘Rajapaksa threat’ to recreate the moment and the mood of January 2015. The way the political landscape is today, the SLPP’s chances of success are substantially greater than that of the UNP.

Many an anti-Rajapaksa Lankan would find it next to impossible to summon any enthusiasm for the alternative. The UNP’s four years in office have been a time of unintelligent governance. Max Weber defined politics as "a strong and slow boring of hard boards," and opined that being a politician requires passion and perspective.i The UNP lacks both. it’s public image is a disastrous combination of venality, inertia, and tedium. Its actions and inactions have made a mockery of the hopes of 2015 and given good governance a bad name. The UNP’s unique capacity to simultaneously kindle teeth-grinding irritation and jaw-aching boredom could keep a sizeable segment of the anti-Rajapaksa voters away from the polling booth. Unfortunately for Lankan democracy, such non-voting would be a form of voting. It could ensure a Rajapaksa victory, as happened at the local government election of 2018.

Discipline for us; freedom for them

In 2012, the Rajapaksa regime instituted impeachment proceedings against Chief Justice Shirani Bandaranayake. One of the many charges lobbed against Dr. Bandaranayake was culpability in the Golden Key debacle. The charge was given much publicity in the official media; and short-changed depositors were encouraged the government to protest outside the CJ’s official residence.

Ironically, the evidence given before the Parliamentary Select Committee handling the impeachment indicated that the real culprit in the Golden Key debacle was not the CJ but the then Governor of the Central Bank. In her witness testimony, Supreme Court Justice Shiranee Thilakawardana revealed that the Special Investigation Unit of the Central Bank commenced an investigation into Golden Key accounts when Sunil Mendis was the Governor of Central Bank. The investigation was launched in response to a number of public petitions. In July 2006, President Mahinda Rajapaksa appointed Ajith Nivard Cabraal as the new Governor. Soon afterwards, the investigation into Golden Key accounts was stopped. Justice Thilakawardane backed up her statement with the relevant minute: ‘…..the Monetary Board is informed of the above and is invited to approve a discontinuance of the examination commenced in respect of the Golden Key Credit Card Company under Section 11 of the Finance Companies Act."ii She pointed out that had the investigation continued, the Golden Key disaster could have been minimised. Most damningly, she opined that the discontinuance "might have happened after a meeting between Lalith Kotelawala, the Chairman of Ceylinco Conglomerate, and the Central Bank."iii

Justice Thilakawardane’s statement should have been followed by a media blitz, and a series of investigations leading to some kind of judicial proceeding. But nothing happened. Nothing happened because there was no freedom for anything to happen. Ajith Nivard Cabraal was a Rajapaksa favourite. Investigating or prosecuting him was impossible in a political landscape characterised by impunity for Rajapaksa acolytes.

The suspects of the 2015 bond scam couldn’t get away with it, because there was freedom to report and to protest. But under Rajapaksa rule no such freedom was present. The lack of freedom did not bring about discipline or honesty; it merely encouraged abuse and criminality on the part of the powerful.

When actual or would-be autocrats proclaim that there can be no freedom without discipline (as Gotabhaya Rajapaksa did in a recent interview), what they mean is iron political discipline must be imposed on ordinary citizenry, so that the leaders can have the total freedom to do what they want.

Illusion is a corollary of power; greater the power, the more outrageous the illusions. Perhaps the most egregious of these is the illusion of infallibility most power-wielders succumb to. Believing themselves to be inerrant, they seek to place themselves above the law. So you have the doctrines of sovereign immunity/crown immunity and papal infallibility, laws against insulting kings and the crime of blasphemy, the tradition that some people and some institutions should be above law and criticism. If no one is permitted to point out that the emperor is naked, emperors of all sorts can thrive in the delusion of their perfect dress-sense.

Therefore it is no accident that one of the rapidest eroding freedoms in a time of generalised erosion of liberties is the freedom to criticize repositories of power. According to the latest Media Freedom Index, the climate of hatred towards the media has grown not only in authoritarian countries but also in democracies.

"More and more democratically elected leaders no longer see the media as part of democracy’s essential underpinning but as an adversary to which they openly display their aversion."iv The reason for such intolerance, such hostility is understandable. Impunity can be successful only where minds are shackled, mouths silenced and hands paralysed.

President Mahinda Rajapaksa violated two court orders and impeached a chief justice, and got away with it. Minister Mangala Samaraweera’s ill-meant attempt to remove a highly respected career official as the Director General of Customs and replace her with a retired military officer failed. Minister Samaraweera backed down not because he wanted to, but because he had to, thanks to a storm of negative publicity, and trade union action. The different outcomes were sourced in the differences in the political landscape, then and now. Then there was no safe space to criticise or protest. Now there is. So Arjun Mahendran is on the run, and Arjun Aloysious is on bail, after spending almost a year in custody, while Ajith Nivard Cabraal holds forth on corruption and probity. The difference might be much smaller than we hoped for in 2015, but it is real nonetheless.

When power-wielders believe that they are inerrant, there is no room for democratic dissent. That was the way things were under Rajapaksa rule, and that is the way things will be, if the Rajapaksas return. Gotabhaya Rajapaksa (who is tussling with older brother Chamal for presidential candidacy) once claimed that "If they harm me, it is the country they harm."v The principle encapsulated in that bald statement applies to his family as well. When Lakbima carried a funny caption about Gotabhya Rajapaksa’s wife, the editor was hauled before the CID and questioned for three hours.vi When men, who believe themselves to be supermen, assume power, even common or garden laughter can become a crime against the state, the nation and the people.

That is the future awaiting us thanks to Maithripala Sirisena’s greed, the UNP’s cupidity and our own paralysing hopelessness.

Bad is not worse

Maithripala Sirisena epitomises, in his person and conduct, the transformative capacity of power. The man who swore to be a one-term president is now willing to do anything to win a second term. His current hope is to be anointed as the common candidate of a SLFP-SLPP alliance. With that goal in mind, he is trying to make himself acceptable to Mahinda Rajapaksa voters. As a result, we are treated to the unedifying spectacle of Mr. Sirisena trying to recast himself as Mr. Patriot, Mr. Law and Order and Mr. Pious.

These days, Mr. Sirisena wants to hang drug offenders to prove he is tough on crime. He tries to trade on patriotism. He praises tradition and family values. He dreams of rolling back the democratic reforms he himself pioneered. For instance, his remarks indicate that the independent commissions he now wants are the same sort of independent commissions Mahinda Rajapaksa created via the 18th Amendment – commissions which exist to approve whatever the president wants, and are independent only where slavery is freedom, truth are lies and war is peace.

Thanks to the anti-constitutional coup of October 26th, Sri Lanka gained a special mention in the latest Freedom of the World Report. "In Sri Lanka President Maithripala Sirisena’s unilateral dismissal of the prime minister threatened recent democratic gains. Sirisena attempted to disband the parliament when legislators rejected the move, but in a decision reflecting the judiciary’s independence, the Supreme Court declared the dissolution unconstitutional and the prime minister was restored to office."vii It was a story with a kind of a happy ending, unlike many of the other countries showcased in the report.

An independent judiciary saved Lankan democracy. But the independence of the judiciary would have availed Lankan democracy nothing, had the president decided to ignore the ruling. Maithripala Sirisena betrayed and continues to betray the hopes of 2015. Yet that is a line he hasn’t crossed. For all that he tries to don the Rajapaksa mantle, he is not as undemocratic and as abusive as the Rajapaksas, and might never be.

The Rajapaksas responded to judicial independence not with complaints or criticism, but with a hatchet. Judges were threatened, and even physically attacked. What does Gotabhaya Rajapaksa, have to say about Justice Manjula Thilakaratne being pistol-whipped on a Sunday morning in Mt. Lavinia? While the impeachment of the CJ was proceeding its illegal way, President Rajapaksa proclaimed that "all powers regarding leave matters pertaining to Supreme Court judges and their foreign visits etc. and the approval thereof will now by default be vested with him as the Executive."viii These acts of violent and non-violent coercion sent a clear signal to the judiciary – the Rajapaksas have zero-tolerance towards any judge who tries to be independent.

The gradations, the difference between bad, worse and worst are important, given where we are. In a contest between bad and bad or worse and worse, non-involvement is possible. One can still say, "A plague on both your houses," and not be guilty of acting in bad faith. But that is not the kind of election we will have to face in a few months. It is an election between a bad president who will try to weaken democracy if given half a chance, and a president whose starting point will be the destruction of democracy. It might not seem much now, when we are free to harangue and protest. We will realise its true import, only when it is gone. Like many things in life, by then it will be too late.

Justice Is Blind, Truly Blind To A 11 Year Old

By Tush Wickramanayaka –FEBRUARY 16, 2019

Tush Wickramanayaka

This article relates to “Justice Delayed Is Justice Denied To A 11year Old” published on 21st January 2019.

The Gateway Brigade

My son recently concluded the end of Term Examination at Gateway College, Negombo. He is a high academic achiever, who is at the threshold of GCSE’s in May 2019. His Mathematic paper was deliberately marked down by the school Math teacher giving 35%, the lowest mark received in his entire school career. I appealed to Chairman, Harsha Alles on 30th December 2018 to kindly re-correct the paper and allocate the marks. After a kangaroo court hearing, the teacher admitted his mistake but on 24th January 2019, Devika Alldis, Principal refused to allocate the correct marks. Pearson/Edexcel after verifying the Math paper, instructed Harsha Alles on 31st January 2019, “Pearson requires all our centres to have in place internal processes for dealing with complaints”. Pearson/Edexcel has also introduced a Safeguarding/Child Protection Policy to all their centres including Gateway College after the incident of corporal punishment, but Chairman, Harsha Alles has failed to do anything. It is crystal clear that Gateway’s intentions are to demoralize and mentally harass my son after the publication of the above article.

Furthermore, on 26th January 2019, Gateway College Alumni Association published an unsigned letter on their FB page claiming it was from the Gateway Group. The letter was addressed to the “Members of the Gateway Family”. The only noteworthy comment was the admission that an incident of corporal punishment occurred at Gateway College, Negombo relating to my daughter and 8 other students. The rest of the letter was their typical response to trivialize the matter and to black list me, instigating a Gateway Family uprising. Gateway Alumni succeeded in publicly crucifying my son, my daughter and me with malicious dishonesty. Not only were their comments dishonest but they had fake profilers gang raping us on every platform. Adults were portraying their darkest qualities of pure evil and inhumane behavior towards two defenseless children and their guardian. The Facebook page has about 5300 members. This post attracted an unprecedented 1600 likes and 264 shares. The posts immediately before and after attracted on average 50 likes and 8 shares. This was victim harassment at its best.

Soon after, Gateway Alumni FB page also published a website www.stopharassingteachers.com with the letter from Gateway Group as the sole content of the website. This too was shared by many, but I am unable to provide the accurate count as it has now been removed from Alumni FB page after some members complained of the lunacy.

Typically, I am blocked from the Alumni FB page. The blood thirsty mad dogs of the Gateway brigade are emulating their previous actions of forming an exclusive WhatsApp group and the sticker campaign, except this time they have gone global with their efforts of intimidation.

Why is aggression normalized in our society? Why is intimidation so attractive in our society? Why would any educational institute who thrive on its reputation refuse to adopt a child protection policy?

WHY IS GATEWAY DETERMINED TO PREVENT THE COURSE OF JUSTICE?

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Who was behind the arrest of Makandure Madush?

A scene at the Dubai party

A Sri Lankan Police Inspector had played a role in the operation 

Kosgoda Suji, Annasi Moril and Kalu Sagara alerted the Dubai police about the  party   

Sri Lanka’s Police department was unaware about the entire operation   

 2019-02-16

The arrest of 40-year-old Samarasinghe Arachchige Madush Lakshitha alias Makandure Madush by the Dubai law enforcement authorities has emerged as the biggest talking point in the country today. Although he and his gang members as well as his colleagues such as well-known singer Amal Perera were arrested by the Dubai authorities two weeks ago on February 4, it is not known as to who was actually behind the arrest of Makandure Madush -- one of Sri Lanka’s most wanted drug dealers. 

Going through the public statements made by several politicians including President Maithripala Sirisena claiming to be behind the arrest of Madush, there is doubt whether the Sri Lanka Police Department or any other local law enforcement agencies were really behind this major arrest.   

With the name of the Makandure Madush being linked to several leading high profile criminal activities in the country, the law enforcement authorities in Sri Lanka mainly the Sri Lanka Police, maintained that they were after Makandure Madush and his gang members.   

Some reports earlier said the Police had launched a secret plan to arrest Makandure Madush who was hiding in Dubai. However, there was no progress as it was not easy when dealing with Dubai. Although the two countries have signed the Extradition Treaty it has not been submitted for ratification by Sri Lanka’s Parliament.   

A CCTV image of Thursday’s shooting at Kotahena where ‘Kudu Chooti’ was injured

Makandure Madush, whose only dream was to become Sri Lanka’s drug kingpin, he had so many enemies in the drug business. Among them were Jagamuni Sujeewa de Soyza alias Kosgoda Suji, Annasi Moril and Kalu Sagara in Tangalle, who were leading drug dealers in the country.   
Latest information has also revealed that prominent drug dealers in Pakistan, Afghanistan and Iran were after Madush as he had cheated them on several drug smuggling operations.   

With regard to the latest information available, the arrest of Makandure Madush and his gang members in Dubai was carried out by none other than one of the above mentioned drug dealers including local and foreign drug dealers while neither the Sri Lanka Police nor government officials were in any way aware about the arrest and what went on behind the scenes on the basis that the authorities in Dubai had so far not communicated any information about the arrest of the leading Sri Lankan drug dealer.   

With regard to the latest information available, the arrest of Makandure Madush and his gang members in Dubai was carried out by none other than one of the above mentioned drug dealers including local and foreign drug dealers while neither the Sri Lanka Police nor government officials were in any way aware about the arrest and what went on behind the scenes on the basis that the authorities in Dubai had so far not communicated any information about the arrest of the leading Sri Lankan drug dealer

Imran

But it had now been revealed that a Sri Lankan Police Inspector had some months ago provided sufficient evidence for the arrest. (The IP, who was a prominent member of the Special Task Force’s intelligente unit was transferred to the normal Police few months ago and since then had been working under DIG Deshabandu Tennakoon) But the IP alone with his informants had worked independently from Sri Lanka to make the arrest possible. His informants had close links with Kosgoda Suji, Annasi Moril and Kalu Sagara.   

The whole operation started when, informants had alerted the IP about a grand party that Makandure Madush was organizing to celebrate the birthday of the child of his (Madush’s) mistress, now residing in Dubai. For the party he had invited well-known singer Amal Perera, his son Nadeemal and actor Ryan from Sri Lanka. At that time both Kalu Sagara, Annasi Moril as well as the IP came to know that Makandure Madush had planned to serve even cocaine and other illicit drugs among the invitees. The Dubai Police were alerted about the party using the information -- some provided by the foreign drug dealers, Kalu Sagara, who is in Dubai, other drug dealers and the IP from Sri Lanka, .   

Soon after receiving the tip-off the Dubai law enforcement authorities raided the extravagant party around 4.00 am on February 4 and found some cocaine and other drugs at the scene. During the raid some 31 suspects including Madush, Amal Perera, his son, actor Ryan, drug dealer Imran were taken into custody by the Dubai law enforcement authorities. Four women, including Madush’s mistress were released by the Dubai authorities.   

The whole operation started when, informants had alerted the IP about a grand party that Makandure Madush was organizing to celebrate the birthday of the child of his (Madush’s) mistress, now residing in Dubai

So the entire plan to arrest Makandure Madush was clearly the result of a coordinated effort by the Madush’s enimies with the backing of one IP in Sri Lanka.   

To identify the suspects, the Dubai authorities had sent pictures of suspects taken soon after the arrest to informants in various countries, and these photos were later leaked to the social media.   

After the arrest of Sri Lanka’s most wanted drug dealer in Dubai, President Maithripala Sirisena had contacted IGP Pujith Jayasundare to get more information about it. It is learned that at that time the Police Chief didn’t know anything about any such development.   

The IGP had then contacted his DIGs and ordered them to find out the details as soon as possible.   

Within hours, the DIG had taken the IP to the IGP to brief him about the incident and then on Tuesday (5) night, the IP reportedly met the President and briefed him about the operation with evidence proving that he played a key role in the arrest

When the IGP informed DIG Deshabandu Tennakoon about it, the DIG had alerted the IP to find out about the arrest. It was only then that the IP had informed the DIG that he too played a role in the arrest of Makandure Madush.   

Makandure Madush Now

Within hours, the DIG had taken the IP to the IGP to brief him about the incident and then on Tuesday (5) night, the IP reportedly met the President and briefed him about the operation with evidence proving that he played a key role in the arrest.   

However, so far Sri Lankan authorities are unable to get any details about the arrest from Dubai.   

Counsel Shabdika Wellappili, who went to Dubai to represent well-known singer Amal Perera and his son Nadeemal, said the Sri Lankan Consulate in Dubai had rejected a request made by him to make a representation on behalf of the Sri Lankan Government.   

The Consulate office in Dubai had told the lawyer that about 6,000 Sri Lankans had been sentenced and were in police custody for various offences. “The Dubai Consulate office claimed that, if the Consulate office appears for these two individuals when the investigations are still going on, it would be unfair on the remaining Sri Lankan who were facing charges in the Emirates,” Counsel Wellappili said.   

He said that the suspects including drug kingpin Makandure Madush, singer Amal Perera and his son Nadeemal were produced in a Dubai Court and remanded till February 28.  

He told the Dailymirror that he met singer Amal Perera and his son Nadeemal today while in police custody.   

Counsel Wellappili said the Dubai authorities had informed him that bail applications could be filed to get Amal and Nadeemal released.   

Meanwhile, since the arrest of Madush in Dubai, Sri Lanka’s law enforcement authorities had launched a countrywide operation to gather information on the assets of the suspects, who were arrested in Dubai. As a result, Police raided Singer Amal Perera’s and actor Ryan’s houses separately and some equipment, used for drug production as well as empty cocaine pouches were seized.   

Kanjipaani Imran   
Among the arrested suspects, was leading underworld criminal Kanjipaani Imran. He is said be a close confidant of Madush. One time Imran had a small shop at Maligawatte, where he sold soup items. He then worked as the driver of another drug dealer Siddhik. Due to the increase in raids in Sri Lanka several criminals including Imran fled Sri Lanka. Later he had joined a prominent India and Pakistan based underworld criminal mobster and drug dealer Dawood Ibrahim and actively engaged in drug deals with Sri Lanka.   

In 2015, Makandure Madush illegally migrated to Dubai using a forged passport. Imran was the person who provided accommodation to Madush when he arrived in Dubai. 

The Madush’s mistress was the widow of Kalu Thushara of Maharagama, who died during the Welikada prison shooting incident

The Madush’s mistress was the widow of Kalu Thushara of Maharagama, who died during the Welikada prison shooting incident. With the death of Kalu Thushara, his widow left for Dubai seeking Madush’s assistance to take revenge of her husband’s death. Accordingly, using Madush, the mistress launched an operation to kill IP Niyomal Rangajeewa of the Police Narcotic division. In Piliyandala they launched the attack killing a police constable and two other civilians. However, Rangajeewa escaped with bullet wounds. 

  Soon after the arrest of Madush in Dubai, his opponents in Sri Lanka reportedly started to hunt down his supporters in Sri Lanka. Accordingly, a 39-year-old woman Asha Faari alias ‘Kudu Chooti’, who is the mistress of underworld figure Kanjipaani Imran, was injured when two unidentified gunmen opened fire at her at Melwatta in Kotahena on Thursday evening.   

Kudu Chooti, who is engaged in heroin smuggling is currently receiving treatment at the Intensive Care Unit of the Colombo National Hospital.   

Who is Madush?   

The cold war between Madush and Annasi Moril, who were in hiding in Dubai started, when a Madush’s team pretending as Narcotic officials taken away some 110 kilos of drugs, that were sent by Annasi Moril from Dubai to Sri Lanka.   

Madush had used another underworld team, which was operating in the Devundara area. After that Kalu Sagara of Angunukolapalassa joined Annasi Moril to take revenge on Madush. Kalu Sagara’s had a vendetta against Madush because of the killing of Kaduwela Samayang, another leading underworld figure, who was brutally murdered by a team sent by Madush. After the killing of Samayang, Madush was planning to kill Kalu Sagara who had murdered Madush’s close colleague Kamburupitiye Harsha. Harsha was killed at Obeysekera Pura when he was with his mistress.   

Former Chairman of Southern Development Authority Danny Hittatiya was killed in 2006 allegedly by a team led by Kamburupitiye Harsha and Sunil Premaratne alias Attaya on the instructions of Makandure Madush. 

The CID issued a red notice in connection with this killing for the arrest of Makandure Madush.   

Since the arrest of Madush, Sri Lankan law enforcement authorities carried out a series of raids and arrested several of Makandure Madush’s accomplices.