From Cabinet-room whispers to public confrontation, Sri Lanka’s Attorney General has repeatedly become the fault line where political power, loyalty, and the promise of justice collide.
“Why did you keep Shiva Pasupathi in place, Sir? Wasn’t he Sirimavo’s man…?”
That was how ministers within the Cabinet of J. R. Jayewardene questioned his decision to retain Shiva Pasupathi as Attorney General. Pasupathi had been appointed to the post in 1975 by Prime Minister Sirimavo Bandaranaike. Although J. R. enforced the 1978 Constitution in a manner that effectively removed judges appointed under Sirimavo and replaced them with jurists loyal to him, he did not remove the Attorney General she had appointed. When ministers asked why, J. R. chose not to give a direct answer.
“J. R. believed that Shiva was the most capable person to present arguments before the courts in a way that would also defend the government in legal matters.”
This explanation, offered by a lawyer close to J. R., ended internal objections. Such was J. R.’s confidence that Pasupathi remained Attorney General until J. R. retired in 1988. After retirement, Pasupathi migrated to Australia. Years later, while living there, he emerged as a legal adviser to the LTTE. When he participated as an LTTE representative in the Norwegian-brokered peace talks of 2002 and 2006, the country was stunned. Ironically, it had been on Pasupathi’s advice that J. R. enacted legislation to suppress LTTE terrorism. That same individual later advising the LTTE plunged the Attorney General’s office into controversy.
The office again became controversial during the tenure of Tilak Marapana. Appointed Attorney General by President Ranasinghe Premadasa, Marapana continued even after D. B. Wijetunga assumed office. He became widely known as Wijetunga’s closest political adviser. When UNP ministers argued that holding a presidential election in 1994 would be advantageous, Marapana advised Wijetunga to dissolve Parliament instead. He later formally joined the UNP, entered Parliament via the National List in 2001, and served as Minister of Defence.
After Marapana stepped down, President Chandrika Bandaranaike Kumaratunga appointed the department’s most senior official, Shibly Aziz, as Attorney General. Chandrika had come to power in 1994 promising to arrest thieves and murderers of the UNP era. Her Justice Minister, G. L. Peiris, later told Divaina newspaper that the government was unable to implement its mandate due to resistance from the Attorney General’s Department and the judiciary. Presidential Commissions investigating UNP-era crimes were allegedly being undermined by officials loyal to the UNP.
As public support declined due to failed prosecutions, Chandrika made a courteous request for Aziz to step down. He avoided confrontation, asked for three months, and then resigned. In recognition of his dignity, Chandrika allowed him to retain his official vehicle. She then appointed Sarath Silva as Attorney General, accelerating commissions against former UNP presidents, ministers, police officers, and military officials. Silva acted in line with the government’s wishes and later became Chief Justice.
By 2005, when Mahinda Rajapaksa assumed power, Silva was Chief Justice and the Attorney General was K. C. Kamalasabesan. During Mahinda’s 2015 presidential campaign, the Attorney General was Yuwananjana Wijetilake.
The 2015 victory of Maithripala Sirisena and Ranil Wickremesinghe was built on promises to punish Rajapaksa-era corruption. When action stalled, civil society groups, including Maduluwawe Sobitha Thero, accused the Attorney General’s Department of partisan delay. Pressure mounted to remove Wijetilake, but the government waited until his retirement in January 2016.
After his departure, Solicitor General Suhada Gamlath became Acting Attorney General. When reports emerged that he told a newspaper two ministers were pressuring him to file cases against Gotabaya Rajapaksa, Ranil asked him to step down. Justice Minister Thalatha Atukorale said the President had been informed. President Sirisena ordered his removal. Declaring his statement true, Gamlath stepped down.
Ranil then appointed Jayantha Jayasuriya as Attorney General, bypassing seniority. He later became Chief Justice, followed by Dappula de Livera. Under Gotabaya’s presidency, de Livera refused a diplomatic posting and retired in 2021 after declaring the Easter Sunday attacks a conspiracy. He was succeeded by Sanjay Rajaratnam.
When Ranil became President in 2022, Rajaratnam remained until retirement. Ranil then bypassed seniority again to appoint Parinda Ranasinghe. Now, under President Anura Kumara Dissanayake, civil society voices once more accuse the government of failing to deliver justice.
“Will Anura, like Chandrika, Maithri, Ranil, and Gotabaya, ask the Attorney General to go home?”
“When Anura tells, will the Attorney General leave as Shibly Aziz and Suhada Gamlath once did?”
“Will the government go ahead and remove the Attorney General and run into a mess…?”
The country watches as the Attorney General once again stands at the center of a familiar national drama.
SOURCE :- MAWRATA NEWS
