Decoding Katchatheevu: - Island.lk

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Sasanka Perera (The writer is on X as @sasmester)

Sri Lankan social and mainstream media have shown considerable euphoria over oral observations made by the Indian Supreme Court on the Katchatheevu island in early October 2026. It stems primarily from a collective sense of relief and validation over the ownership of the island because Sri Lanka has faced intense political posturing, domestic pressure from Tamil Nadu politicians, and legal challenges in India demanding the retrieval of the island. But nothing new or pathbreaking has emerged from the Indian Supreme Court on this issue. What is clear is that ownership of Katchatheevu is a settled issue irrespective of its continued reemergence in Indian courts and in Tamil Nadu political performances.

The Katchatheevu issue must be understood in its historical context, with legal clarity, strategic sensibility and a large dose of commonsense in which Sri Lankans are generally wanting. Neither an oral observation by India’s Supreme Court nor the Indian government’s continued adherence to existing maritime agreements constitutes a new, final judicial determination of sovereignty. More importantly, even an unequivocal recognition of Sri Lanka’s territorial rights would not remove the wider asymmetries of power between the two countries of which our political leaders must be extremely mindful when dealing with India.

What did India’s Supreme Court Decide?

The most recently reported proceedings, i.e. of 6 October 2026, concern several petitions challenging the 1974 India–Sri Lanka maritime boundary agreement and the subsequent 1976 agreement regulating fishing in each country’s maritime zones. The principal case, A.K. Selvaraj v. Union of India, was filed in 2008. The wider proceedings include Writ Petition (Civil) No. 430 of 2013; special leave petitions and a petition filed in 2021. Former Tamil Nadu Chief Minister J. Jayalalithaa was also among the petitioners in the litigation. The petitioners challenge the legality of recognising Katchatheevu as lying on Sri Lanka’s side of the maritime boundary, arguing, among other things, that the transfer of Indian territory required constitutional and parliamentary procedures.

On 6 October 2026, Justices Sanjay Kumar and Sanjeev Sachdeva heard the matter. The Court orally observed that Indian fishermen needed to be sensitised against entering Sri Lankan waters. It also questioned whether the Indian government was engaging Sri Lanka over the treaties. At the Attorney General’s request, the matter was adjourned to 2 February 2027. No final judgment on sovereignty was delivered. This state of affairs is crucial. An oral observation during a hearing is not a binding determination of territorial sovereignty. Nor does an adjournment amount to the dismissal of the petitions or an endorsement of every argument advanced by either side.

The Indian government’s position is nevertheless significant. According to publicly available information, the Attorney General of India informed the Court that the Indian government had no intention of reopening the 1974 and 1976 agreements, while concerns regarding Indian fishermen would continue to be pursued through diplomatic channels. This establishes the Indian government’s continuing commitment to the existing settlement. It is not a fresh concession of sovereignty made in response to a final Supreme Court ruling. However, it is entirely possible that the Indian government’s position could be influenced by future political developments, while the agreements themselves remain the operative bilateral framework at the moment.

Katchatheevu’s history is far more complex than the dominant popular Indian assertion that the island was Indian territory until it was handed over to Sri Lanka in 1974. British colonial administrations in India and Ceylon disputed aspects of the island’s status, and the available historical record contains evidence invoked by both sides. The proprietary interests claimed by the Raja of Ramnad, historical leases and British administrative records have featured prominently in Indian arguments. The 1904 Madras High Court case, Annakumaru Pillai v. Muthupayal, and a 1922 Imperial Records Department report have been cited by Indian commentators as evidence supporting the historical Indian claim. However, proprietary rights, fishing practices and administrative jurisdiction are not automatically equivalent to sovereign ownership over territory.

The 1921 negotiations between British India and Ceylon are particularly important. The two colonial administrations discussed a fisheries boundary in the Palk Strait. The Indian delegation agreed to a proposed line without prejudice to any territorial claim India might make to Katchatheevu. The reservation demonstrated that the island’s status was contested rather than conclusively resolved by that exercise. Subsequent correspondence from the Government of India in 1923 is also relevant to the historical debate. It has been cited in discussions of the government’s assessment of the competing claims. Nevertheless, the 1921 negotiations and the associated correspondence should not be presented as a conclusive international judicial ruling in Ceylon’s favour.

The more decisive development came after independence, in 1974 and 1976. In June 1974, India and Sri Lanka concluded the ‘Agreement between India and Sri Lanka on the Boundary in Historic Waters between the Two Countries and Related Matters.’ Article 1 established the maritime boundary, placing Katchatheevu on the Sri Lankan side. Article 4 provided that each country would exercise sovereignty and exclusive jurisdiction over the waters, islands, continental shelf and subsoil on its respective side of the boundary. Article 5 preserved access for Indian fishermen and pilgrims to visit Katchatheevu as previously practiced, without requiring Sri Lankan travel documents or visas for these purposes. That provision, however, did not expressly grant fishing rights for Indians in Sri Lankan waters. The 1976 agreements subsequently clarified the exclusion of fishing vessels and fishermen from each country’s maritime zones, subject to the agreements’ specific provisions.

Both the 1974 and 1976 agreements were empowered in practice and were subsequently registered with the United Nations. They constitute the central legal instruments governing the present boundary.

Interestingly, debates on this issue in Sri Lanka and India often overlook the case of the Wadge Bank, a vast, ecologically rich submarine plateau located about 80 kilometers south of Kanyakumari. Although it lies outside India’s territorial waters, it falls within its Exclusive Economic Zone (EEZ). Fishermen from both nations had commercially fished these waters since at least the 1920s, if not earlier. However, under the 1976 maritime agreement between the two countries, the region was formally recognised as part of India’s EEZ, and Sri Lankan fishing vessels were barred from the area starting around 1979. In essence, this served as a crucial trade-off: Sri Lanka secured full sovereignty over Katchatheevu along with surrounding fishing rights, while its fishers were completely barred from the far more resource-rich Wadge Bank.

What do the Earlier Legal Cases Establish?

The 1974 settlement did not end Indian domestic challenges to the island’s status. In Brij Khandelwal v. Union of India (1974), the Delhi High Court considered petitions filed by Brij Khandelwal and Shyama Charan Gupta challenging the Indian government’s agreement concerning Katchatheevu. The petitioners argued that Indian territory could not be ceded without the necessary constitutional procedures. The Court dismissed their petitions, finding that they had not established the requisite personal legal interest to obtain the relief sought. But this should not be misrepresented as an international adjudication conclusively resolving all historical questions of ownership.

The case remains important because it illustrates that the legality of the 1974 settlement was contested in India from the outset. However, these contestations did not result due to lack of clarity in legal positions. Instead, they resulted as a consequence of Indian nationalism and popular territoriality in the way these feelings manifested among people. These are subjective sentiments and always open to emotional and political manipulation which no law can control. As a result, subsequent challenges have continued to raise constitutional arguments, including whether the agreement required a consti

The broader constitutional question is not trivial. In ‘Re: Berubari Union and Exchange of Enclaves’ (1960) the Supreme Court of India held that ceding Indian territory to a foreign state could require a constitutional amendment. Petitioners have invoked this principle in challenging the Katchatheevu agreements. But the application of the Berubari precedent to this particular maritime boundary settlement is a matter for judicial determination. It cannot be assumed that every argument advanced by the petitioners has already been accepted.

The crucial point for Sri Lanka is that these domestic Indian proceedings have not, to date, displaced the bilateral agreements. Equally, the latest Supreme Court hearing has not created a new determination confirming or rejecting Sri Lanka’s sovereignty. Until a final judgment is delivered, the petitions remain pending.

For Sri Lanka, the principal diplomatic achievement is not that India has suddenly conceded a prevised Sri Lankan sovereignty over a disputed territory. Such a reading would be a misinterpretation. What is important here is that the Indian government continues to treat the existing maritime settlement as operative despite recurrent domestic political pressure to revisit it. This position reinforces the stability of Sri Lanka’s maritime jurisdiction. It also demonstrates that Indian electoral rhetoric and the Indian government’s official diplomatic position need not always coincide — even though they have at times. For instance, in 2024, in the run-up to the country’s elections, India’s Prime Minister Narendra Modi and Home Minister Amit Shah publicly criticised these agreements arguing they amounted to Katchatheevu being ceded to Sri Lanka by the then-Congress government. Minister of External Affairs, S. Jaishankar also supported these claims in public at the time.

Yet the recent Sri Lankan euphoria surrounding Katchatheevu risks obscuring the distinction between territorial sovereignty and strategic autonomy. The hype in Sri Lanka, particularly seen across social media supportive of the present government, comes from the extreme naivety with which most Sri Lankans — including political leaders and officials — view international relations and relations between Sri Lanka and India in particular.

A state may recognise another country’s borders while pursuing policies that substantially increase its influence over that country’s economic choices, infrastructure, energy systems and external relationships. This is where the Sri Lankan government and the country’s citizens must look beyond the immediate euphoria of the Indian Supreme Court observations.

In this situation, despite the rhetoric of convenience of populist Indian politicians, Sri Lanka should certainly welcome India’s official adherence to the maritime agreements without mistaking it to be a guarantee of future strategic restraint. The legal settlement of Katchatheevu and the wider balance of power are separate questions. One concerns territorial jurisdiction. The other concerns the practical ability of a sovereign state to determine its own economic and strategic future. Sri Lanka must continue to insist that the 1974 and 1976 agreements be respected, while addressing fishing disputes through diplomacy, legal enforcement and arrangements that protect the livelihoods of our own distraught coastal communities. It should avoid allowing never-ending fishing disputes to become a pretext for reopening already settled territorial questions.

The lesson of Katchatheevu is ultimately larger than the island itself. Sovereignty is not secured merely by having one’s territorial rights acknowledged by a powerful neighbor. It also depends on the institutions, economic resilience, political leadership and diplomatic capacity that enable a country to exercise those rights in practice. Sri Lanka has sound reasons to value the existing maritime settlement and India’s continued commitment to it. But the latest Supreme Court proceedings have not produced a final judicial verdict on ownership, and the Indian government has not newly conceded the island as a result of such a verdict. Nevertheless, the agreements remain the legal foundation of the settlement, while the pending litigation leaves constitutional arguments within India unresolved.

For Sri Lanka, the wisest response is neither triumphalism nor suspicion for its own sake. What is earnestly needed is a clear-eyed and independent foreign policy that welcomes cooperation, resists unnecessary confrontation and refuses to confuse economic corporation with the surrender of strategic choice.

Katchatheevu may be a small, even relatively inconsequential island, but the questions it raises about sovereignty, power and the future of Sri Lanka’s independence are anything but trivial.

‘Sri Lanka sees Tamil nationhood as a threat to Buddhism’

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A leaked US diplomatic cable, dated July 15, 2009, signed by the then Geneva-based US Ambassador, Clint Williamson, cleared the Sri Lankan Army of crimes against humanity during the Vanni offensive. The cable, addressed to the US State Department, was based on a confidential conversation Ambassador Williamson had with the then ICRC head of operations for South Asia, Jacque de Maio, on July 9, 2009. Ambassador Williamson wrote: “The army was determined not to let the LTTE escape from its shrinking territory, even though this meant the civilians being kept hostage by the LTTE were at an increasing risk. So, de Maio said, while one could safely say that there were ‘serious, widespread violations of international humanitarian law,’ by the Sri Lankan forces, it didn’t amount to genocide. He (Maio) could cite examples of where the army had stopped shelling when the ICRC informed them it was killing civilians. In fact, the army actually could have won the military battle faster with higher civilian casualties, yet chose a slower approach which led to a greater number of Sri Lankan military deaths. He concluded, however, by asserting that the GoSL failed to recognize its obligation to protect civilians, in spite of its approach resulting in higher military casualties.”

Tamil National People’s Front (TNPF) leader Gajendrakumar Ponnambalam recently declared, in New Delhi, that their biggest challenge was to convince the BJP government to take a much bigger interest in the question of accountability and on the question of a political solution.

The Tamil Guardian quoted Ponnambalam as having said: “They’re both two sides of the same coin.” The Island reproduced the Tamil Guardian report in its 6 Nov. edition (https://island.lk/sri-lanka-sees-tamil-nationhood-as-a-threat-to-buddhism-ponnambalam-tells-delhi-conference/)

This coming from Gajendrakumar, who, along with his late father Kumar Ponnambalam and grandfather, the legendary G.G. Ponnambalam, longtime residents of Colombo, with substantial wealth here and abroad, especially in owning prime real estate, even to this day, have no shame in wooing for a separatist Eelam, most probably to hoodwink the gullible Tamil masses to vote for him as their hero at future elections.

Several readers expressed serious concerns over the views expressed by the Jaffna District lawmaker. Retired Maj. Gen. Chagie Gallage, one of the notable battlefield strategists and outspoken Gajaba regiment veteran, was among them. “The country couldn’t turn a blind eye to this sort of propaganda,” Gallage declared, emphasising the responsibility on the part of those who benefited from the eradication of the LTTE to counter such lies. “An end to forcible conscription of children is sufficient to justify the eradication of the group,” he said, alleging none of those shedding crocodile tears today bothered to ask the LTTE to give up innocent human shields.

TNPF is not represented in Parliament. Ponnambalam contested the last parliamentary election on the All Ceylon Tamil Congress (ACTC) ticket. He is the only ACTC lawmaker in the current Parliament. The Tamil nationhood, MP Ponnambalam had referred to at the onset of the fiery speech, spanned across some parts of the world, Tamil Nadu included. The so-called Tamil nationhood is not exclusively tied to Sri Lanka.

The late J.N. Dixit, one-time Indian High Commissioner to Sri Lanka (1985 to 1989), pointed out in his memoirs ‘Makers of India’s Foreign Policy: Raja Ram Mohun to Yashwant Sinha’ the late Indian Prime Minister Indira Gandhi feared the emergence of Tamil separatism in India if she refused to support, what Dixit called, aspirations of Sri Lanka Tamils (Chapter: An Indo-centric practitioner of realpolitik/p 147).

The involvement of the Australian Tamil Congress and the United States Tamil Action Group in the New Delhi conference revealed the despicable overall strategy of those who believed in the LTTE’s capacity to force the battlefield stalemate to their advantage.

The Norway-led almost one-sided peace process, during Chandrika Bandaranaike Kumaratunga’s presidency, gave the LTTE an ample opportunity to advance its separatist agenda, thanks to the then Prime Minister Ranil Wickremesinghe’s utterly irresponsible blind approach to a negotiated settlement. The LTTE quit the negotiating table in April 2003. That move made the war inevitable. It would be pertinent to remind that Ponnambalam had been a Jaffna district MP at the time the LTTE quit the negotiating table, while safely living in Colombo much of the time, as was the case with most Tamil leaders, including M.A. Sumanthiran, a resident of Wellawatte. So while maligning Sri Lanka with highly exaggerated claims, like existence of mass graves at every available opportunity, especially when they are abroad, those same Lankan Tamil leaders, however, still feel quite safe here and not India. And we must say we are proud to have them living among us as our brothers, despite all the nasty things they accuse us of. Even if we grant that some of their animosity is justified, there is no necessity to kill each other to settle issues, other than to work things out peacefully for the benefit of us all. Both Sinhalese and Tamils, especially the latter, must decide whether we want the permanent chaos, that is India with its innumerable caste/race/religious divisions, or do we bury the hatchet between the two major races to settle problems that beset us here, albeit without external interference.

Ponnambalam represented the Illankai Thamil Arasu Kadchi (ITAK) that had recognised the LTTE as the sole representative of the Tamil speaking people and thereby backed Velupillai Prabhakaran’s initiative. The ITAK parliamentary group consisted of 15 MPs, including one National List member. However, those who entered Parliament on the ITAK ticket were recognised as members of the Tamil National Alliance (TNA) consisting of ex-Indian sponsored terrorist groups and the ITAK.

The LTTE advanced its terror campaign in the run-up to the 2004 parliamentary poll. In the Northern and Eastern provinces, the LTTE actions directly benefited the TNA. The LTTE undermined other political parties in the fray. Their objective was clear. They wanted the largest possible ITAK group in Parliament to back the war effort. Twenty-two were elected on the ITAK ticket at the parliamentary polls held in early April 2004. That effort was successful with the LTTE stuffing ballot boxes for ITAK candidates as was clearly observed by EU election monitors in their post-election report. Ponnambalam was among the elected group. Throughout the Eelam War IV (Aug. 2006 to May 2009), ITAK/TNA fiercely backed the LTTE. They remained loyal to the LTTE as its units gradually retreated until the group suffered a humiliating defeat at Anandapuram, in April 2009, before the total collapse several weeks later.

Against the backdrop of the devastating split in the LTTE, caused by its Eastern Commander Vinayagamoorthy Muralitharan, aka Karuna Amman, rebelling against their supreme leader Prabhakaran, alleging discrimination against Easterners, in 2004, ahead of the parliamentary polls, ITAK/TNA remained committed to the LTTE macabre cause. After the armed forces brought the war to a successful conclusion, Ponnambalam quit the TNA. He formed the Tamil National People’s Front (TNPF) in 2010. The TNPF fielded candidates at the 2010 and 2015 parliamentary polls but couldn’t even secure a single seat. Ponnambalam returned to Parliament again in Aug 2020.

Qualified as a Barrister-at-Law, in the UK, in 1997, Gajendrakumar Ponnambalam received Sri Lanka qualification as an Attorney-at-Law, two years later, before entering active politics, in the wake of his father Kumar Ponnambalam’s assassination, in early January 2000.

Ponnambalam conveniently forgot the responsibility on the part of India, as well as the Tamil community, for the crimes committed in Sri Lanka and India. Tamil Guardian report on Ponnambalam’s speech, made no reference to the Indian military intervention, deaths of over 1,200 Indian soldiers in Sri Lanka, thousands of Tamils, both LTTE and civilians, killed by the foreign army, elimination of Tamil political leadership by the LTTE and the assassination of former Indian Prime Minister Rajiv Gandhi, in May 1991, just over a year after India ended its disastrous military mission here.

The BJP wouldn’t be deceived by unfounded claims, such as Ponnambalam’s Delhi declaration that the Sri Lankan State considered the very potential of Tamil nationhood as a threat to Buddhism and was hell-bent on dismantling it.

BJP leader and Prime Minister Narendra Modi, having repeatedly paid tribute to Indian officers and men who perished in Sri Lanka and twice paid floral tributes to the Indian military memorial near Parliament, would be averse to anti-Sri Lanka rhetoric. Unfortunately, some Tamil politicians have sought to depict a bleak picture of the country, though the Northern and Eastern Provinces achieved impressive post-war success. After Modi assumed the premiership, in 2014, India gradually changed its Sri Lanka strategy and New Delhi’s overall approach cannot be discussed, forgetting the role they played in President Gotabaya Rajapaksa’s ouster in 2022 and the facilitation of the JVP/NPP victory at the presidential and parliamentary polls in Sept. and Nov., 2024, respectively.

No one will be able to entice New Delhi by propagating that the Sri Lankan State was pursuing a hostile attitude towards Tamil Hindus. Much to the discomfort of those seeking to arouse communal feelings, the Tamil community in the Northern and Eastern Provinces, for the first time in post-independence history, voted overwhelmingly for the JVP-led National People’s Power (NPP) at the presidential and parliamentary polls in 2024.

The emergence of the NPP as the dominant power in the predominantly Tamil speaking regions has troubled ITAK and other Tamil parties. The deterioration of ITAK/TNA began after the eradication of the LTTE. Once the dominant political power that worked with the LTTE gradually declined and was reduced to eight seats at the last parliamentary poll.

The Democratic Tamil National Alliance (DTNA), consisting of parties that broke away from the ITAK-led TNA, won a seat with Tamil Eelam Liberation Organisation (TELO) leader Selvam Adaikkalanathan winning in Vanni.

Independent candidate Dr Ramanathan Archuna won a seat in Jaffna, probably at the expense of M.A. Sumanthiran, PC, who could have made a significant contribution in Parliament. Archuna has caused chaos with repeated declarations, both in and outside Parliament, that the Tamil Diaspora funded the NPP campaign. The influence of the Tamil Diaspora, too, has deteriorated over the years, though European political parties bent backwards to appease the voters of Sri Lankan origin. But, foreign governments, to a certain extent, have lost interest in accountability issues, though on and off statements are made and concerns expressed over the delay in addressing long standing issues. However, accountability issues are no longer a priority as repeatedly indicated by India. The post- Aragalaya Indo-Sri Lanka relationship/partnership underscored by seven MoUs finalised in April 2025, including one on defence, followed by three defence MoUs signed in Sept, this year, as well as transfer of Colombo Dockyard Ltd. (CDL) controlling shares to Mazagon Dock Shipbuilders Limited (MDL), affiliated with the Indian Defence Ministry, marked a fundamental shift towards New Delhi.

With the NPP emerging as the dominant political power in the Northern and Eastern regions, the Tamil parties seemed to be on the back foot. Lawmaker Ponnambalam’s recent bid to cause concern among the Indian establishment over perceived Sinhala Buddhist threat to Tamil Hindus seemed a desperate move that failed to convince their own.

Ponnambalam returned to Parliament in August 2020, as the leader of Ahila Ilankai Thamil Congress. The party also secured one National List slot. Ponnambalam accommodated Selvarasa Gajenthiran, who quit the TNA, along with him, in 2010, on the National List.

Ponnambalam attacked the wartime political leadership and the war-winning armed forces. Alleging that the Tamil community had been subjected to genocide, Ponnambalam demanded international accountability. The MP dismissed whatever proposals meant to address the issues through domestic mechanisms.

Ponnambalam attacked President Gotabaya Rajapaksa’s policy statement. The lawmaker targeted the following section in particular: “It is equally important to precisely interpret the mandate given by the people. We respect the trust that the people have placed in me and the Prime Minister and the newly elected people’s representatives. We have a clear understanding of the expectations with which the people gave such a powerful mandate to the government. We will leave no room for such expectations to be dashed for any reason. It should always be remembered that the prime responsibility of a people’s representative is to serve the public. We will be sensitive to fulfilling the needs of the people, keeping in mind that all these positions are responsibilities and not privileges.”

Ponnanmalam declared that President Gotabaya Rajapaksa’s mandate (2019 November presidential and 2020 August parliamentary polls) did not extend to the North-East region. Ponnambalam depicted the vote received by all Tamils, including Ramanathan and the Eelam People’s Democratic Party (EPDP) Douglas Devananda, elected to the new Parliament, as one that overwhelmingly endorsed self-determination of the Tamil speaking people. Ponnambalam justified international intervention on the basis of the Tamil community being deprived of the security it deserved.

Declaring them (Tamil lawmakers) received a mandate for Tamil rights to be recognised, Ponnambalam declared: “two nations exist in this country.”

“Sovereignty can never be a defence. This country has gone through a war and the whole world says that heinous crimes have been committed and the state is the number one accused party,” Ponnambalam declared, adding “Under no circumstances can any President, or any country, for that matter, try to hide behind the concept of sovereignty, to prevent accountability for heinous crimes. The victims of these heinous crimes stand as Tamils… the major victims stand as Tamils and they have consistently said that genocide has been committed and that they want international accountability.”

When Ponnambalam went on and on repeating war crimes allegations, in Parliament, former Presidents and Commanders-in-Chief, Mahinda Rajapaksa and Maithripala Sirisena, as well as war-winning Army Chief Field Marshal Sarath Fonseka, were present. Opposition Leader Sajith Premadasa, too, was present.

It would be pertinent to ask lawmaker Ponnambalam whether, as a member of the TNA, he endorsed the party’s decision to vote for the then common presidential candidate General Sarath Fonseka at the January 26, 2010 presidential election. Did the TNA decision to join the UNP-led coalition, comprising the JVP, the Sri Lanka Muslim Congress (SLMC), All Ceylon Makkal Congress (ACMC) et al, was unanimously approved by all constituents of the TNA?

Now that Ponnambalam reiterated genocide allegations, he owed an explanation why the Tamil community overwhelmingly endorsed Fonseka at the presidential election after accusing him and his army of committing genocide. Fonseka comfortably won all electoral districts, in the Northern and Eastern Provinces, though the South ensured Mahinda Rajapaksa secured a second term, with a staggering 1.8 mn majority. Mahinda Rajapaksa polled 6,015,934 votes (57.88%) whereas Fonseka received 4,173,185 votes (40.15%). Fonseka comfortably won the predominantly Tamil electoral districts of Jaffna, Vanni, Batticaloa, Trincomalee, Digamadulla and Nuwara-Eliya.

The 2010 presidential election was held less than a year after the armed forces eradicated the LTTE. Blindly accusing the Sri Lanka army of war crimes, and genocide, seemed ridiculous, after having voted for the very man who conducted the ground offensive that brought the LTTE to its knees, in May 2009.

The truth is that the LTTE and the TNA really believed they could overwhelm President Mahinda Rajapaksa far more easily than Wickremesinghe. In spite of serious reservations, the TNA backed the LTTE’s move. Particularly, the Northern electorate boycotted the 2005 Nov. presidential election. The then top UNPer Malik Samarawickrema told the writer if not for that boycott, engineered by the LTTE, Wickremesinghe could have won the presidential poll. That may have very well been the case.

Having dug its own grave, the LTTE faced a relentless three-year military onslaught. The LTTE resumed large-scale operations in August 2006 and the counter offensive didn’t stop until Prabhakaran was isolated and killed on the banks of the Nanthikadal lagoon.

The armed forces eradicated the LTTE in May 2009. In the following year, the TNA backed the very man who led the campaign against the LTTE at the presidential poll.

The war crimes and genocide allegations should have been reexamined after Fonseka won the Northern and Eastern provinces. Unfortunately, successive governments lacked interest and a cohesive plan to counter lies. In spite of exposure of calculated lies meant to humiliate Sri Lanka and increase international pressure, successive governments shirked their responsibility to counter those lies toe to toe in the face of propaganda against the country being primarily launched with the backing of the so-called international community, meaning the powerful West.

Sri Lanka never took tangible measures against those who propagated lies as part of an overall strategy. Some still couldn’t stomach the LTTE’s annihilation. Wigneswaran’s calculated lie is a case in point. Wigneswaran, and a section of the Tamil media, in August 2016, accused the military of killing over 100 LTTE combatants, in custody, by poisoning them. The PTI and NDTV were among the international media which reported unsubstantiated allegations.

Accusers placed the number of such deaths at 104. Accusations were made while the US Pacific Command’s ‘Pacific Angel’ exercise was underway, in the Jaffna peninsula.

Despite being a retired Supreme Court Judge, the highest legal body in the country, Wigneswaran raked up a brazen lie by brashly declaring that the US Air Force’s medical team, in Jaffna, would examine the former rehabilitated LTTE cadres, who, he alleged, had fallen sick because they were injected with poisonous substances, at government detention, or rehabilitation camps.

The US conveniently refrained from making its position clear on Wigneswaran’s claim when the writer raised the issue with the US Embassy in Colombo.

Responding to several questions The Island posed, regarding ex-LTTE cadres being poisoned, the US Embassy said: “Operation Pacific Angel is providing assistance, based on the specific needs of the local communities. Among the nearly 70 members of this multilateral assistance programme – including some medical staff and engineers from Bangladesh, Nepal, and the Maldives, as well as the United States – are over 40 doctors, providing basic medical services: dental procedures; physical therapy; general medical assistance; and optometry. These are the only services being provided.”

The writer asked the US Embassy whether it could confirm that US Pacific Command personnel, conducting medical tests on ex-LTTE cadres, allegedly poisoned by the previous government; whether they would be moved to overseas medical facility for further tests; whether the GoSL had been informed of the development; when did the TNA request the US intervention and whether the US military had conducted similar tests in other countries. For obvious reasons, the US refrained from responding to The Island queries.

The New Indian Express quoted Wigneswaran as having said that the US Air Force’s medical team would examine ex-LTTE cadres who had been sick because they were injected with poisonous substances by the Sri Lankan armed military while they were undergoing detention, or rehabilitation. Wigneswaran, according to the New Indian Express, had told the NPC (Northern Provincial Council) that he had mentioned the plight of the former combatants in his conversation with the US Ambassador, Atul Keshap, and asked if the USAF team could examine them and give an independent report.

Wigneswaran’s allegations died a natural death. Neither the TNA, nor the US, ever discussed the issue publicly.

With the latest New Delhi talk, Ponnambalam appeared to have taken the campaign against Sri Lanka to a new level.

The wellsprings of literary creativity,

Are bubbly and sparkling in the Isle,

Coming off the pens of the young alone,

Bear eloquent testimony to the fact,

But let’s not barter quality for quantity,

Nor neglect the art of Literary Criticism,

Which enables notable literature to thrive,

And works by Shakespeare and Tolstoy,

To name just two, clinch the point,

Nor should the creative process be tied-up,

With states’ ‘Soft Power’ strategies,

Which sacrifice the integrity of the artist,

Successive pre- Aragalaya governments appointed Presidential Commissions of Inquiry (PCoI) as well as various other committees for specific purposes to dissipate pressure from contentious issues. This despicable strategy was also used to divert public attention, suppress truth and delay the due process. The governments’ agenda was implemented at the public expense.

Governments squandered public funds on such mechanisms knowing that recommendations made by the committees concerned wouldn’t be implemented.

They had no qualms in resorting to such tactics, both in and outside Parliament. Appointment of Parliamentary Select Committees (PSC) is part of their overall strategy. Parliament should examine the cost of such endeavors, since 1977, and make the information public.

There had been many such commissions during pre- Aragalaya period and governments used them as political tools. Expert/Special committees as well as Committee on Public Enterprises (COPE), a financial oversight committee, were often used to take the pressure off the government.

Recommendations made by PCoIs and other committees, however, hadn’t been fully implemented, though they had significant findings. In some instances, consequences were devastating. There cannot be a better example than the PCoI, appointed in late 2019, to probe the Easter Sunday carnage. President Sirisena appointed the PCoI but his successor, Gotabaya Rajapaksa, received the recommendations in February 2021. The recommendations were largely ignored. The President’s inaction ultimately contributed to the Catholic Church throwing its weight behind the campaign to oust the President, carried out in the following year.

Unfortunately, the incumbent government, having found fault with previous governments for time-wasting committees, is no exception.

The JVP- led NPP has proved in no uncertain terms that the appointment of various types of commissions is in line with its political strategy, too. Having lambasted previous governments for exploiting such mechanisms to their advantage, the JVP-NPP has ended up doing the same.

Those who genuinely believed in total transformation of government, in keeping with the much-touted objectives of Aragalaya, in the run-up to the 2024 Sept. presidential poll, never expected the JVP-NPP to take the same old path. Perhaps, the JVP-NPP had been determined not to take cover behind various commissions and committees, as previous governments did, though two major crisis compelled them to adopt previous governments’ strategies. Obviously, it had no option but to take counter measures to protect its interests as the public reacted with dismay to the release of highly suspicious 323 containers, marked with red label, from the Colombo Port, in January 2025, without even any cursory check, and the mega coal scam that erupted several months later. The coal scam shook the government.

Amidst public uproar, Speaker Dr. Jagath Wickramaratne, at the behest of their party, appointed a PSC to investigate the release of containers without mandatory physical inspection. This was done on the pretext of tackling Port congestion. The PSC, headed by Justice and National Integration Minister Harshana Nanayakkara, embroiled in a number of controversies, is yet to submit its report. Therefore, the PSC proceedings inevitably resulted in relief to those responsible for want of law enforcement action. We cannot forget that the container case happened 19 months ago and the whole investigative process moved at a snail’s pace.

Responding to the writer’s query, key member of PSC, Attorney-at-law Ajith P. Perera (SJB/Kalutara) said that the gathering of evidence has been completed. “We are now awaiting the first draft of the PSC recommendations from its head, Minister Nanayakkara.” According to the SJBer, the PSC had not met over the past three months. The process appears to have been deliberately delayed by the Chairman, the lawmaker alleged. The former UNPer said that the NPP’s response to the obvious Colombo Port container scam of the government is deeply disappointing and unacceptable.

It would be pertinent to mention that the PSC, headed by Attorney-at-Law Nanayakkara, was named on 27 Nov., 2025, 10 months after the Colombo Port controversy. By the time the PSC began inquiring into the container case, the coal scam, perpetrated by the Power Ministry, was already in the public domain.

The coal scam was revealed by Pubudu Jayagoda of the Frontline Socialist Party (FSP), in August 2025. Jayagoda’s revelation should be examined taking into consideration that the FSP was formed by an influential section of the JVP that split from the party in 2011. The FSP was officially launched in April 2012. But, the main Opposition party, the SJB, was somewhat slow. The SJB parliamentary group consists of 40 lawmakers. Ranil Wickremesinghe-led New Democratic Front (NDF) with five MPs and the SLPP comprising three lawmakers didn’t even bother to take up the issue soon after the FSP, erstwhile comrades of the JVP, made the gutty disclosure. However, the SJB subsequently took charge of the campaigns against the Port controversy and the Coal scam.

By early January 2026, the Coal scam gripped the country. But, the NPP, in spite of a devastating report by the National Audit Office (NAO) that directly held the Energy Ministry responsible for the massive crisis, strenuously defended the then Energy Minister Kumara Jayakody, despite him already being embroiled in an earlier scam. Having blasted previous governments for defending wrongdoers, the NPP defeated the SJB-led no-faith motion moved against Jayakody in April this year. But, relentless political pressure finally compelled President Anura Kumara Dissanayake to ask Jayakody to quit. Ministry Secretary Professor Udayanga Hemapala, too, resigned. They resigned soon after the JVP-NPP defeated the no-faith motion. But, the thick skinned Jayakody continues to serve as a government member with no shame or remorse from either party. Can the country expect anything better from the JVP-NPP?

President Dissanayake appointed a Special Presidential Commission of Inquiry (SPCoI), in April 2026, to probe coal procurement from 2009. Recently President Dissanayake extended the Commission’s mandate till Dec. this year. By Dec., 2026, the JVP-NPP government would have completed three years in power and two years short of completing its term. Whatever the outcome of the SPCoI, the NAO report had ruined the JVP-NPP image.

The JVP-NPP owed the country an explanation why Jayakody was chosen as the Energy Minister as he had been already under investigation by the Commission to Investigate Allegations of Bribery or Corruption (CIABOC). Since then Jayakody had been indicted by the Colombo High Court over a corruption case, under Section 70 of the Bribery or Corruption Act.

The CIABOC alleged that while serving as the procurement manager of the Lanka Fertiliser Company (Ceylon Fertiliser Company) in 2014/2016, Jayakody influenced a particular procurement process related to carpeting the company’s Hunupitiya warehouse complex, granting an undue advantage to a private firm and causing a financial loss of over Rs. 8,859,708 to the state. He denied the allegation like any other accused.

The Opposition questioned why Jayakody hadn’t been remanded or at least remanded for a short period after being arrested, whereas all others arrested in connection with corruption allegations were remanded, pending investigations/court proceedings, especially if they were connected to the Opposition.

In addition to the SPCoI on coal procurement, the Parliament appointed a committee, headed by SJB frontliner S.M. Marikkar (SJB/Colombo District), in early August, 2026, to probe financial losses, adverse environmental impact, etc., caused by low quality coal procured from South Africa, via Trident Chemiphar Ltd., an Indian company that hadn’t been at least qualified to take part in the tender process.

Their report, tabled in Parliament on 7 Oct., 2026, delivered a devastating blow to the government. Addressing the media at the Opposition Leader’s Office, former UNPer Marikkar, on the basis of the parliamentary report, estimated the losses to the country, from the shady deal, at Rs 20 bn, while Energy Minister Karunatilake and his predecessor Jayakody placed the losses at over Rs. 15 bn. Both parties based their estimates on the report. Marikkar alleged that the Energy Minister and his predecessor conveniently ignored certain sections of the report thereby reaching the wrong conclusion with regard to the colossal loss.

Both NAO and Marikkar’s report exposed the Energy Ministry. The writer had an opportunity to peruse the parliamentary report recently. Regardless of the government seeking to reassure the public that the losses could be recovered and the environmental damage minimal, the report depicted a catastrophic situation and even causing significant damages to the Norochcholai coal-fired power plant. The parliamentary report also represented by JVP-NPP members dealt a devastating blow to the government and also reinforced the NAO report.

The NPP definitely suffered irreparable damage. It would be ridiculous for them to campaign on an anti-corruption platform in the future as the release of 323 containers, sans physical inspection and procurement of low quality of South African coal, demolished the much-touted and valued NPP’s anti-corruption credentials beyond redemption.

For how long has the NPP intended to drag the container and coal issues? And they weren’t the only issues that ruined the NPP. The still unexplainable loss of USD 2.5 mn and the mysterious alleged suicide by Ranga Nishantha Rajapaksha, Assistant Director/Acting Director, assigned to the External Resources Department (ERD), interdicted over the incident, proved the NPP were not the bright doctorates’ hugging comrades they tried to make out to be, but cheap con artists. The breach happened within the ERD responsible for foreign funded payments and external debt serving.

The International Monetary Fund (IMF) recently referred to the loss of USD 2.5 mn though the government pretended it was not so.

The status of the investigation is not known though the Committee on Public Finance (CoPF), headed by SJB lawmaker Dr. Harsha de Silva, found fault with the government for the unprecedented breach. The JVP-NPP that had been boasting of good governance and transparency in the run up to the national elections, in 2024, ended up being exposed to the core.

Responding to a query posed by the writer, lawmaker de Silva said that the government had no other option but to cover the loss of USD 2.5 mn by way of taxes imposed on the public. The government conveniently refrained from responding to the CoPF chief for obvious reasons. Regardless of humiliating developments, thick skinned JVP-NPPers continue to act as if they are squeaky clean. Public exposure of three major corruption cases, namely the Colombo Port container issue, low quality South African coal and unbelievable loss of USD 2.5 mn, considerably weakened the ruling party. Close on the heels of the USD 2.5 mn loss, Sri Lanka Post caused the disappearence of USD 625,000.

The NPP seems unable to cope up with the snowballing situation. The government has no other option than adopting delaying tactics while conducting intensive social media campaigns. However, public support seems to be dwindling as the NPP completed three out of a five-year parliamentary term, this month.

On top of corruption allegations and controversy over the missing USD 2.5 mn, the NPP now faced the daunting task of defending Speaker Wickramaratne against SJB-led Opposition no-confidence motion against the Polonnaruwa district MP. MP Wickramaratne, too, faces unprecedented corruption charges.

The JVP-NPP, with a steamroller majority in Parliament, can easily defeat the no-faith motion. Dissanayake, leader of both the JVP and the NPP, commands 2/3 majority in Parliament and defeating the Opposition move against Wickramaratne is child’s play. The JVP-NPP defeated the no-confidence motion against Energy Minister Jayakody last April and it can do the same again. The enactment of the 22nd Amendment to the Constitution, regardless of fierce opposition and strong stand taken by the Mahanayake Theras, underscored the government approach. JVP-NPP wouldn’t deviate from its strategy whatever the concerns raised.

Having initially declared its readiness to debate the allegations against Wickramaratne anytime, the JVP-NPP later sought a consensus with the SJB to amend the motion. The JVP-NPP seems to be seriously concerned over the developing situation. The government wants to avoid being publicly humiliated. The impact on the JVP-NPP can be quite devastating. The no-confidence motion needs to be examined, also taking into consideration the unprecedented case filed by sacked Deputy Secretary General and ex-Chief of Staff of Parliament, Chaminda Kularatne, against Dr. Wickramaratne. The government probably didn’t expect Kularatne to fight back. The sacked parliamentary official’s counter-attack obviously contributed to the SJB-led no-faith motion.

The Opposition challenged the Speaker over his personal conduct and corruption. Obviously, the challenges faced by the ruling party is not the defending the accused parliamentarian but the nature of allegations. The no-faith motion revealed how Dr. Wickramaratne, having succeeded Asoka Ranwala, the previous disgraced Speaker in Dec., 2024, abused the authority of his Office even after the matter was brought to the notice of the government. Now it is the moment of truth for the government on the verge of entering its fourth year in office.

Speaker Wickramaratne’s conduct, as alleged by the Opposition, badly exposed the NPP whose leaders can no longer preach good governance to other political parties. This particular case again underscored the failure of the top leadership of a political party to intervene the moment the media focused on an MP. The JVP used to act swiftly and decisively when allegations were made against its members. There cannot be a better example than removing Anuruddha Polgampola from its parliamentary group soon after the party established the MP facilitated the illegal entry of a person to Japan. This happened during the 2004-2010 period. The JVP acted on its own. In fact, the party never waited for the police to take action. In fact, the then government didn’t bother even to initiate legal action. Instead, Maithripala Sirisena’s SLFP later accommodated Polgampola. That should be dealt separately.

Polgampola was exposed during Somawansa Amarasinghe’s leadership. There hadn’t been a similar case before. Polgampola’s resignation was demanded by the party immediately after the media exposed the first time entrant to Parliament. The JVP had 39 members in Parliament, elected on the People’s Alliance ticket (Betel leaf) at that time and the group set new disciplinary standards much to the discomfort of other political parties.

But, in the case of the incumbent Speaker, the JVP seems hesitant to take action. The government indecision has boosted the Opposition. No holds barred attack on top JVPer Dr. Wickramaratne caused a sort of rift between those who wanted to shield the Speaker at any cost and the rest.

Amidst continuing furor over the Speaker’s action and NPP’s inaction, the former had undertaken more foreign visits.

Let me mention some of the accusations:

(1) While having an official residence for official and personal use, Dr. Wickramaratne secured additional official quarters at No 8-1 on Lauries Lane, Colombo 4 belonging to the Public Administration, Provincial Councils and Local Government Ministry. This was done in January 2025, just weeks after he succeeded Asoka Ranwala who quit the Speaker’s post following his failure to prove much claimed higher educational qualifications. The Opposition has stressed that Dr. Wickramaratne perpetrated an offense of ‘corruption’ under the Anti-Corruption Act of No 09 of 2023.

(2) While occupying the Lauries Lane quarters, the Speaker, the Opposition alleged, had been assigned an eight-member staff to manage the official residence, situated at Rajamalwatta, Battaramulla. The staff had been paid Rs 760,000 (in salaries and allowances on a monthly basis), in addition to meeting water and electricity bills by the state.

(3) The Speaker, according to the no-faith motion, also secured official quarters at No 4-3, from the Laurie’s Lane, for his private secretary.

The list of allegations is long. On the basis of the listed allegations, the Opposition accused the Speaker of criminal misappropriation and criminal breach of trust.

Examination of the motion in the public domain underscored the deterioration of parliamentary standards. The disclosure of allegations against top JVPer placed the government in an extremely embarrassing situation but thick skinned politicians and officials conveniently turn a blind eye to the unfortunate situation. Against the backdrop of damning no-faith motion, various parliament-led projects, including student parliament, seem a waste of time and energy.

Mahinda Yapa Abeywardena, too, who served as Speaker during the previous Parliament, was accused of employing relatives on his staff. Abeywardena went ahead with his agenda, regardless of media exposure and criticism.

But, the still-to-be debated no-faith motion has not only exposed the Speaker but the top JVP-NPP leadership response to what can be safely described as an utterly unacceptable situation. Perhaps polls monitoring organisations, such as the PAFFREL, should inquire into the developments in Parliament if their own behaviour is above board.

In terms of the Constitution, the Speaker chairs the 10-member Constitutional Council meant to depoliticize appointments, ensure checks and balances pertaining to the executive and legislature and promote good governance. Of the 10, the Prime Minister, the Speaker, and Opposition Leader are ex-officio members.

The JVP-NPP forgot that the no-confidence motion against Yapa was debated while there were altogether nine cases against him in the Supreme Court. The JVP-NPP members voted against Yapa. But, today the same party sought to compel the SJB to amend the no-faith motion against Dr. Wickramaratne with no shame, while the whole country is watching in shock.

Former President of the BASL Saliya Pieris recently pointed out how recommendations made by the Committee on the proposed PSTA, which is being introduced to replace the PTA, were disregarded by the government. The top lawyer questioned the very basis of the Committee’s appointment if the government had no intention of implementing the recommendations made.

Pieris disagreed on three aspects, namely the definition of Terrorism (which, in his view, is too broad and liable to be abused by the authorities); administrative detention (which, in his view, should be in the hands of judicial officers and not the Secretary to a Ministry), and the power to proscribe organisations (which, in his view, should be left to a judicial authority).

Pieris said: “Apart from those provisions, all the members of the Committee agreed on the other provisions, including those on limiting the detention period and enabling the Magistrate to grant bail where there was no material against a suspect.

When I examined the Bill, tabled before Parliament, I observed that there have been major deviations from what was agreed on at the Committee, especially relating to the bail provisions and the process of extending detention.

The Committee was never made aware of these changes or of the reasons for the changes. The Committee has not been told as to who or what caused these changes to be made without any consultation with the Committee. Accordingly, yesterday I wrote to the Chairman of the Committee identifying how the Bill has deviated from the Committee report.

The Committee included members of the Attorney General’s Department, officials of the Ministry of Justice, the police and the forces as well as several PCs and Attorneys-at-Law and an MP.

If the Bill, in its present form, is passed, there will continue to be prolonged detention under the PSTA. Magistrates will be compelled to remand suspects produced under the PSTA even if there is no material against them. The abuse of the PSTA by politicians in power and by the police and security authorities, similar to what happened under the PTA, will be inevitable.”

The government strategy was clear. It had no intention of adhering to the committee report. It was meant to take time.

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