The legal processes are steadily closing in on some of the most controversial cases that have remained as open questions without closure for many years. These include the Easter Sunday bombings of 2019, the Central Bank bond scandal that erupted in 2015, and a range of corruption allegations that became synonymous with successive governments over the past two or more decades. What once appeared to be stalled investigations are now showing signs of movement through the courts and investigative agencies. Recent developments suggest that these long running cases are entering a decisive phase. In the Easter Sunday attacks investigation, new arrests and investigations have brought renewed attention to allegations that extend beyond the immediate perpetrators and into questions of intelligence failures and possible political complicity. The arrest and detention of former intelligence chief Suresh Sallay under the Prevention of Terrorism Act has intensified public interest in uncovering the full truth behind the attacks.
The Central Bank bond scam has also re-entered the spotlight. The Supreme Court has recently overturned legal obstacles that had prevented prosecutions from proceeding and directed that the case moves forward expeditiously. This has reopened one of the most sophisticated financial scandals in the country's recent history and brought several prominent political and financial figures back under legal scrutiny. As those implicated in these unresolved cases are leading figures from previous governments, which have spanned both sides of the political divide since Independence, it can well be imagined that there is tremendous opposition to the gradually enveloping legal processes that is both seen and unseen.
These cases that are now being investigated cut across political camps and involve individuals who occupied some of the highest offices in the country. The result is that resistance to accountability is likely to emerge from many quarters. Still to be opened are the thousands of cases of persons gone missing during the war. Presidential Commissions have been appointed with regard to them, but there has been no serious investigations of the type now taking place.
In these circumstances, it can be surmised that the government led by those who are new to power would wish to retain a maximum of power to face the pushback that is bound to emerge from those in the opposition who have wielded power for generations. The government may calculate that this is not the time to disperse authority or reduce the instruments of state power available to it. Instead, it may believe that a period of centralised control is necessary if investigations, prosecutions and reforms are to proceed without interference.
Provincial Elections
It appears that the opposition's efforts to mobilise the people and public opinion against the government have not been successful so far. One such instance was the attempt to generate opposition to price increases. Although people have undoubtedly been affected by rising prices and economic difficulties, these efforts failed to gather significant momentum. Another attempt came when President Dissanayake predicted that opposition politicians would face imprisonment in the month of May as legal cases progressed, though this has not happened. Critics claimed that such remarks suggested an intention to influence judicial outcomes. Yet this criticism also failed to gain traction among the public. The likely reason is that public memory remains fresh. Many people continue to associate previous governments with economic mismanagement, corruption scandals, abuse of power and the eventual economic collapse. In comparison, the present government continues to enjoy a reservoir of public goodwill and credibility. As long as legal action appears to be based on evidence and proper process, the public seems prepared to give the government the benefit of the doubt.
The government's deliberate and cautious approach to political reform that would reduce its centralised power needs to be seen in this context. The monthly approval by Parliament of the emergency regulations is justified by the government as due to the continuing need to respond to the devastation caused by Cyclone Ditwah. However, when viewed together with the reluctance to hold provincial council elections on the grounds of electoral reform, the failure to repeal the Prevention of Terrorism Act and the postponement of constitutional reform, they all appear to reflect a preference for retaining maximum control at a politically sensitive moment. There is a logic to this approach. Governments facing major legal and political confrontations often seek stability and control. So does every despot. However, there is also a downside.
When political competition is denied to legitimate outlets, it often finds expression in confrontation, obstruction and polarisation. The advantage of prioritising the conduct of provincial council elections at this time is that it could reduce the political pressures that are building up. The main opposition parties are united in calling for these elections to be held. Conducting them would provide an opportunity for opposition political parties to obtain a measure of democratic representation and political authority at the provincial level. This would be especially true in the northern and eastern provinces, in which the ethnic and religious minorities predominate. It cannot be forgotten that the provincial council system was developed as a constructive response to the ethnic conflict. Elections at the provincial level would create opportunities for a new generation of political leaders to emerge through democratic competition rather than patronage. Many of those now facing legal scrutiny belong to an older generation to whose needs the younger may be less deferential.
Two Pillars
Another reform that could command bipartisan support is the repeal of the Prevention of Terrorism Act. The PTA has once again become controversial because it is being used in situations that extend beyond its original purpose. The detention of former intelligence chief Suresh Sallay under the Act, the continued incarceration of some Tamil detainees from the war period, and the arrest of individuals accused of speech related offences have all revived concerns regarding prolonged detention without trial and excessive executive power. The reason the PTA has been difficult to repeal is that it is closely associated with concerns regarding national security and territorial integrity. Introduced in 1979 as a temporary measure to confront the emerging separatist conflict, it survived through decades of war and has remained on the statute books long after the conflict ended.
At the same time, history shows that extraordinary powers are likely to be misused. Laws that permit detention without trial or broad executive discretion are rarely confined to their original purpose. Governments of different political parties have used such powers against opponents and critics. The temptation to do so is inherent in the possession of unchecked authority. The way forward could therefore be a combination of accountability and reform. The government should continue to support independent investigations and prosecutions in major corruption and security related cases. Demonstrating political will in this regard would strengthen public confidence in the rule of law and reinforce the principle that no individual is above the law. The PTA could be replaced with legislation that amends the Criminal Procedure Code and Penal Code in a manner that addresses legitimate security concerns while complying with democratic norms and human rights standards.
There are also international dimensions to consider. The European Union has repeatedly linked governance and human rights reforms, including reform of the PTA, to Sri Lanka's continuing access to the GSP Plus trade concession. Progress on these issues would strengthen Sri Lanka's international standing at a time when economic recovery remains a national priority. The government has a rare opportunity. It possesses a strong electoral mandate, public goodwill and a reputation for integrity that previous governments lacked. It can combine the pursuit of justice in long delayed cases with meaningful democratic reforms that reduce political resistance and broaden public support. At this time, accountability and power sharing are the two pillars which Sri Lankans need to be committed to build a just and democratic society for a better future without delay. Failure now would make for a long period of waiting for the next time.