AG declines to indict Mahinda Rajapaksa over GotaGoGama attack; 31, including number of politicians others face 327 charges

The Attorney General has decided not to indict former President Mahinda Rajapaksa over the 9 May 2022 attack on peaceful anti-government protesters at GotaGoGama, Galle Face, one of the most serious incidents of political violence during the Aragalaya uprising.

According to the Sunday Times, Attorney General Parinda Ranasinghe concluded that evidence presented by investigators was insufficient to prosecute Mahinda Rajapaksa, who was Prime Minister under his brother, then President Gotabaya Rajapaksa, when the attack occurred.

The decision is significant given the circumstances preceding the violence. On 9 May 2022, government supporters gathered at Temple Trees, the Prime Minister’s official residence, before protesters at Galle Face were attacked. The violence subsequently triggered widespread unrest across the country.

A Sri Lanka Brief briefing note published shortly after the attack alleged that the assault was planned and launched under the leadership of the then Prime Minister from his residence. That was the position advanced by Sri Lanka Brief at the time and should be distinguished from the Attorney General’s present assessment that the evidence submitted by investigators is insufficient to indict him.

31 suspects to face 327 charges

The Attorney General has nevertheless decided to proceed against 31 suspects. Investigators had initially recommended charges against 34 people on the basis of eyewitness testimony, circumstantial evidence and expert examination of video footage. Three have since died: former State Minister Sanath Nishantha, political activist Dan Priyasad and former trade union leader Wasantha Hadapangoda.

A single indictment containing 327 counts is expected to be filed in the Colombo High Court. The alleged offences include membership of an unlawful assembly, attempted murder and causing grievous bodily harm. Attorney General Parinda Ranasinghe has also requested Chief Justice Preethi Padman Surasena to appoint a High Court Trial-at-Bar to hear the case.

Among those expected to be indicted are former Minister Johnston Fernando, former IGP Deshabandu Tennakoon, former Moratuwa Mayor Saman Lal Fernando, former MP Milan Jayathilake, Amal Pushpakumara De Silva, Ajantha Liyanage, Mahinda Kahandagama and Asanka Nalaka Wijesinghe, also known as “Arabi Wasantha”.

The criminal case is accompanied by five fundamental-rights petitions brought by protesters alleging that law-enforcement authorities failed to prevent the 9 May assault.

During Supreme Court proceedings in November 2025, lawyers for the petitioners argued that police inaction contributed to the violence. The Attorney General’s representative told court that substantial numbers of police personnel and water-cannon vehicles were at the scene but were not effectively deployed. The State also indicated that proceedings would be brought against Deshabandu Tennakoon, then the senior police officer at the scene, over the alleged failure to perform his duties.

The Attorney General’s refusal to indict Mahinda Rajapaksa therefore does not amount to a judicial finding clearing him of responsibility for the wider events. Rather, it means that prosecutors consider the evidence presently before them insufficient to bring criminal charges against him.

All 31 persons facing proposed indictments remain presumed innocent unless and until convicted by a court.

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