“Why did you keep Shiva Pasupathi in place, Sir? Wasn’t he Sirimavo’s man…?”
This was how ministers within J. R. Jayewardene’s Cabinet questioned his decision to retain Shiva Pasupathi as Attorney General—a post to which he had been appointed by Prime Minister Sirimavo Bandaranaike in 1975. Although J. R. enforced the 1978 Constitution in a manner that effectively removed all judges appointed by Mrs. Bandaranaike and replaced them with jurists loyal to him, he did not touch the Attorney General she had appointed. When asked why Shiva Pasupathi was retained, 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 was the explanation given by a lawyer close to J. R. to ministers who questioned the decision. Such was J. R.’s confidence in Shiva Pasupathi that he remained Attorney General until J. R retired in 1988. After Shiva Pasupathi’s retirement, he migrated to Australia.
While living in Australia, Shiva Pasupathi later became a legal adviser to the LTTE. When he participated in the Norwegian-brokered peace talks in 2002 and 2006 as a representative of the LTTE, the entire country was taken aback. Ironically, it was on Shiva’s advice that J. R. had enacted legislation to suppress LTTE terrorism. That same Shiva eventually went on to advise the LTTE, casting the office of the Attorney General into deep controversy.
The Attorney General’s office again became embroiled in controversy during the tenure of Tilak Marapana. Although he was appointed Attorney General by President Premadasa, he continued in that post even after D. B. Wijetunga became President. Tilak Marapana became widely known as Wijetunga’s closest political adviser. When ministers of the UNP government argued that it would be advantageous to go for a presidential election in 1994, it was Tilak Marapana who advised Wijetunga to dissolve Parliament. He later formally joined the UNP, entered Parliament via the National List in 2001, and went on to serve as Minister of Defence.
When Tilak Marapana stepped down as Attorney General, the most senior official in the department, Shibly Aziz, was appointed to the post by President Chandrika Bandaranaike Kumaratunga. Chandrika came to power in 1994, promising to arrest the thieves and murderers of the UNP government. Her election campaign was fought squarely against corruption and terror. At the time, the Minister of Justice was Professor G. L. Peiris. In an interview with ‘Divaina’ newspaper, he stated that the government was unable to implement its public mandate due to the Attorney General’s Department and the judiciary. In other words, the Presidential Commissions appointed to investigate UNP-era crimes were being undermined by officials of the Attorney General’s Department and judges loyal to the UNP.
As the government’s popularity began to decline due to its failure to prosecute UNP-era crimes, Chandrika made a courteous request to Attorney General Shibly Aziz to step down. Aziz chose not to confront the government. He requested three months before resigning, and after that period elapsed, he stepped down. In recognition of his personal dignity, Chandrika permitted him to retain the vehicle he had used as Attorney General.
She then appointed Sarath Silva as Attorney General and accelerated commissions of inquiry against former UNP presidents, ministers, police officers, and military officials. Sarath Silva carried out these tasks in a manner that fully aligned with the wishes of Chandrika and her government.
By the time Mahinda Rajapaksa came to power in 2005, Sarath Silva had become Chief Justice, and the Attorney General was K. C. Kamalasabesan. When Mahinda contested the 2015 presidential election, the Attorney General was Yuwananjana Wijetilake.
Maithripala Sirisena and Ranil Wickremesinghe won the 2015 election promising to investigate and punish theft and killings under the Rajapaksa administration. Their central campaign theme was the arrest of thieves. However, when action against Rajapaksa-era corruption was delayed, civil society groups—including Ven. Sobitha Thero, a key architect of the “good governance” movement, began to criticise the government. A popular belief took hold that prosecutions were being delayed due to partisan loyalties within the Attorney General’s Department. These groups pressured the government to remove Attorney General Yuwananjana Wijetilake. Nevertheless, Maithri and Ranil waited until his retirement.
Wijetilake was due to retire in January 2016. After his departure, Solicitor General Suhada Gamlath, the most senior official in the department, served as Acting Attorney General. He was also Chairman of the National Authority for the Protection of Victims of Crime and Witnesses.
When reports emerged that he had told a newspaper that two ministers were pressuring him to file cases against former Defence Secretary Gotabaya Rajapaksa, Prime Minister Ranil Wickremesinghe immediately asked him to step down. Justice Minister Thalatha Atukorale stated that the President had been informed to remove him and that further action would be taken if he refused. President Maithripala Sirisena then ordered his removal. Declaring that his statement was true and that he stood by the truth, Suhada Gamlath stepped down.
Ranil subsequently nominated Jayantha Jayasuriya—who was junior to Suhada Gamlath—as Attorney General. Jayantha Jayasuriya later became Chief Justice, while Dappula de Livera was appointed Attorney General.
When Gotabaya Rajapaksa became President in 2019, Dappula de Livera was Attorney General. The Gotabaya administration proposed that he step down and be appointed High Commissioner to Canada instead. He refused. He retired in 2021 after detonating what was described as a “time bomb” for the government by declaring that the 2019 Easter Sunday bombings were the result of a conspiracy. He was succeeded by Sanjay Rajaratnam.
When Ranil Wickremesinghe became President in 2022, Rajaratnam remained Attorney General. Ranil did not remove him. Upon his retirement, Ranil bypassed the more senior Ayesha Jinadasa and appointed Parinda Ranasinghe as Attorney General.
In 2024, Anura came to power promising to arrest the thieves of the past 74 years. A year has passed, yet civil society groups that supported his rise now accuse the government of failing to deliver on that promise. As a result, the administration itself is sliding into public disrepute.
“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…?”
Today, the entire country watches this unfolding Attorney General drama.
