Editorial
A widely welcomed judgment
The reverberations of Thursday’s unanimous judgment of a seven-judge bench of the Supreme Court will long be felt in this country where politicians, whatever crimes they have committed against the people, are permitted to get off Scott free and enjoy lifelong pensions and other privileges to boot from the tax exchequer. As The Island rightly said in its Friday editorial, a much-needed gavel blow has been struck on the rulers of this country. Among them are former President Maithripala Sirisena, then in office both as head of state and head of government, and tellingly as defence minister when the terrifying Easter attack of 2019 struck this country with the intensity of a lightening bolt. Its impact which is still being felt will continue to be felt for a long time as far as the country is concerned and lifelong by the loved ones of the dead and the crippled.
It is not only Sirisena who continues in politics as a Member of Parliament and the leader of the SLFP, who is implicated. Prime Minister Ranil Wickremesinghe, the president today has no adverse finding against him for the reason he now enjoys presidential immunity. He was originally a respondent in a clutch of about a dozen petitions filed by various people and groups including the bereaved and the injured, the Bar Association, the Catholic community and sundry others, but the court held that proceedings cannot lie against him due to the constitutional immunity offered to an incumbent president. But this, it must be remembered, is not for all time. The man in the street must be forgiven for asking why only fines, hefty as they sound from what we have known in the past, have been imposed without any accompanying terms of imprisonment. The reason for that is that these were Fundamental Rights actions establishing civil liability. However, if the fines are not paid in a given period contempt of court procedures will lie. And who can forget that MP Ranjan Ramanayake served such a term not long ago.
Apart from Sirisena, who has long been pleading innocent, but found few believers, many senior police officers including the then Inspector General and the cream of the intelligence establishment have been deemed culpable by the judgment and heavily penalized. A front page news photograph of a tearful father who lost his children saying after the judgment was delivered: “However much money is paid, I’ll never get my children back.” He could well have been speaking for over 300 families who lost loved ones killed or maimed. Across all bias and political divisions, the vast majority of the people of this country, and indeed the wider world, will welcome the judgment from which there is no appeal. Gotabaya Rajapaksa’s spectacular November 2019 election victory was widely attributed to the Easter bombing aftershock and the abject failure of Yahhapalana to prevent the horror despite what has now been established to be reliable intelligence. But scant attention was paid to it then and death and destruction of horrific proportions followed.
Maithripala Sirisena became president of this country thanks to the UNP and Ranil Wickremesinghe. But their honeymoon was all too brief and by October 2018 he unsuccessfully attempted a constitutional coup by appointing Mahinda Rajapaksa as prime minister. But he was forced to eat humble pie by a Supreme Court judgment and Wickremesinghe and his government were reinstated. Although we Lankans are widely perceived to have very short memories, especially about the many acts of commission and omission of our leaders – many of them of unforgivable proportions – people do remember that Sirisena’s cold war against Wickremesinghe before the Easter horror included keeping him out of National Security Council meetings. Whether such attendance would have made a difference we will never know. But the judgment has exposed the rank incompetence of the intelligence establishment. There was a lot of finger-pointing in the many affidavits filed for the purposes of the case. But whether the necessary course correction will be implemented remains a question that is wide open.
Gotabaya Rajapaksa promised to do just that. But all he succeeded in doing was plunging the country to bankruptcy and placing unbearable burdens on the back of the people, all the people and not only just those who voted for him. We must also not forget that this is not the first or only time a president has been found culpable and fined by a superior court. That honour belongs to Chandrika Bandaranaike Kumaratunga who in 2008 was fined three million rupees in the Waters Edge case. Justice Shiranee Tilakawardene held that CBK “failed to function in a manner consistent with the expectations of a public officer, much less an executive president, and in doing so, ad completely betrayed the trust bestowed on her by the people of Sri Lanka.” A crony, Ronnie Peiris, said to have made Rs. 57 million on the deal was ordered to pay a two million rupee fine. Although the judgment ordered that the flood retention area in the site be restored and the complex be utilized for public offices, a posh hotel continues to be run there. Not much different from the Lake House takeover presented as broad basing ownership.
Nobody enjoyed Ranil Wickremesinghe’s home being torched last year. But he as president was able to move into the palatial mansion that Sirisena built for himself; and got a cabinet decision that he should continue to occupy it at the end of his presidency. But this was challenged and he was made to move out. But a final determination as not yet been made. While we are on the subject let us suggest that the lavish retirement benefits of past presidents and even MPs be brought down even belatedly to realistic proportions.
Saturday 8th June, 2024
It was with shock and dismay that we received the news about death threats to COPF (Committee on Public Finance) Chairman Dr. Harsha de Silva over the ongoing parliamentary probe into the on-arrival visa scam. Dr. de Silva yesterday told Speaker Mahinda Yapa Abeywardena, in Parliament, that he was facing death threats and intimidation, and it was incumbent upon Parliament to ensure his safety. He stopped short of naming names, but revealed that some ruling party MPs were among those who had ganged up against him. The Speaker only said there had been no complaint, and he would look into the matter.
The SLPP-UNP government has been doing everything in its power to have all parliamentary committees under its thumb. The COPE (Committee on Public Enterprises), which once helped restore public faith in the legislature by exposing state sector corruption, has now become a mere appendage of the incumbent regime, thanks to the appointment of SLPP MP Rohitha Abeygunawardena as its Chairman. The SLPP-UNP combine also tried to oust COPF Chairman Dr. de Silva, but in vain. However, it knows more than one way to shoe a horse.
The COPF, under Dr. de Silva’s chairmanship, has been a thorn in the side of the government, which is struggling to cover up numerous corrupt deals. Dr. de Silva yesterday told Parliament that he found it extremely difficult to function as the COPF head due to severe resource constraints his committee was facing; he himself had to pay the salaries of some of his staff members besides burning the midnight oil.
The sheer workload he had to cope with as the COPF chief had taken its toll on his health, he said, informing the Speaker that he was at the end of his tether, and at times thought of resigning from the COPF. This is exactly what the government wants him to do; resource squeezes and threats are aimed at making him quit.
On 26 May, Dr. de Silva revealed, in an ‘X’ post, that the COPF had uncovered some vital information about the visa scam and it would reveal everything after its final meeting on the issue; the COPF was committed to exposing the truth behind the controversial tender, he added. In an editorial comment on 27 May, we warned him.
While thanking him for his bold stand, we pointed out that by making such a statement, he had thrown caution to the wind, and become a marked target, with the government making an all-out effort to delay the COPF investigation lest the truth should come out much to the detriment of its interests in this election year. Unfortunately, what was feared has come about; Dr. de Silva is complaining of death threats and government moves to strangulate the COPF financially to derail its investigations.
Dr. de Silva’s predicament exemplifies the fate that befalls the few good men and women in Parliament. It is hoped that all those who seek an end to the state sector corruption will rally behind Dr. de Silva, and bring pressure to bear on the government to ensure his safety. Let Dr. de Silva be urged to reveal the names of those who have issued threats, veiled or otherwise, to him and are trying to scuttle the COPF probes.
Friday 7th June, 2024
The SLPP-UNP government is going hell for leather to make bad laws as if there were no tomorrow. It is abusing its parliamentary majority, which has been retained with the help of some crossovers, for that purpose. The Opposition, the media and trade unions are up in arms, and understandably so. The incumbent regime is a dead man walking; it is so desperate that it is capable of anything. Hence the need for it to be restrained.
The Electricity (Amendment) Bill (EAB) plunged Parliament into turmoil yesterday, but the government secured its passage. The Supreme Court (SC) determined the entire EAB inconsistent with the Constitution and recommended changes thereto. After unveiling the Bill, sometime ago, Minister of Power and Energy Kanchana Wijesekera hailed it as an excellent piece of legislation aimed at straightening up the power sector to serve the public interest better.
The SC determination left him with egg on his face. He reminded us of the proverbial curate who, while eating a stale egg, assured his host, a Bishop, that parts of it were excellent. Wijesekera’s egg, as it were, made Parliament stink yesterday, but he sought to please his masters by praising it as a silver bullet.
EAB should have been discarded and a new one drafted in consultation with all stakeholders. But the government is apparently driven by an ulterior motive; its aim is not to serve Sri Lanka’s interests but to look after those of some moneybags.
It is not uncommon for Bills to contain some flaws, which are rectified either before or during the committee stage. But there is something terribly wrong with draft Bills that are full of sections inconsistent with the Constitution. The drafters of EAB have demonstrated their sheer ignorance of the supreme law, and that they are not equal to the task of drafting Bills. If they had read the Constitution at least perfunctorily, they would not have drafted such a bad law.
Ignorant and incompetent, they do not deserve to be paid with public funds and must be sent back to law school. They must be summoned before Parliament and questioned on their serious lapses, which have caused public faith in the national legislature to diminish.
Curiously, the MPs who demand that judges, doctors, Central Bankers, and other public officials be summoned before Parliament have taken badly drafted Bills for granted. The power sector trade unions yesterday alleged that EAB was of Indian origin and geared towards furthering the interests of Adani Group at the expense of Sri Lanka.
Most critics of EAB are agreeable in principle to the need for power sector reforms; the Ceylon Electricity Board should be given a radical shake-up, and transformed into a modern organisation capable of providing a better service at a lower cost. They only asked the government to tread cautiously, consulting all stakeholders and taking action to ensure that the country’s interests prevailed over everything else. But the government was in a mighty hurry to steamroller the Bill through Parliament, making the Opposition ask whether it was doing so at the behest of some external forces involved in controversial power generation deals here.
What is passed by the current Parliament can be either amended or abolished by a future parliament in a constitutionally prescribed manner. But that does not mean that a government is free to pass bad laws, making the country enter into long-term agreements with powerful nations and their investors. It looks as if the SLPP-UNP regime did not care two hoots about the consequences of its actions.
Thursday 6th June, 2024
The outcome of India’s parliamentary election (2024) has led to a ‘perspective ambiguity’. Prime Minister Narendra Modi lost no time in declaring victory for the BJP-led NDA alliance, which secured 293 seats in the 543-member Parliament, but he must be a worried man. The BJP is short of 32 seats to form a government under its own steam; it has lost 63 seats or about 20% of its parliamentary strength. It had 303 seats in the previous Parliament, and that number has dropped to 240.
Modi has become the second Indian Prime Minister to win a third term. The first PM to do so was Jawaharlal Nehru. But Nehru won an outright majority in Parliament in 1962; Modi has had to depend on smaller parties in his alliance to retain his hold on power. Modi must be reeling from a sharp drop in his victory margin in his own constituency, Varanasi; it has decreased to 152,000 from 480,000 in 2019 whereas Modi’s bete noire, Rahul Gandhi, won Raebareli by a staggering 390,000 votes.
Modi, who reigned supreme with 303 seats in the previous Parliament, is now dependent on parties such as Nitish Kumar’s JD-U and Chandrababu Naidu’s TDP to form a government. He has had to lead an alliance of strange bedfellows. Both Kumar and Naidu were bitter critics of Modi. Kumar helped form the oppositional alliance, the INDIA bloc, before switching his allegiance to PM Modi. Naidu also closed ranks with the BJP in the run-up to the election. These politicians have been described as extremely ambitious and highly unpredictable, and whether Modi will be able to manage them and consolidate his grip on the NDA alliance remains to be seen. They will demand plum ministerial posts in return for their support. The TDP is said to be eyeing Transport and Health portfolios! That is the name of the game in coalition politics, where it is not uncommon for the tail to wag the dog, so to speak. These two political leaders are however not the only problem Modi will have to contend with. The next five years will feel like an eternity for PM Modi.
Nothing would have been more shocking for the BJP than its defeat in Uttar Pradesh’s Faizabad constituency, where the Ram Mandir has been built. Modi may have thought he would be able to win the Lok Sabha election hands down after the consecration of that temple, which became a centrepiece of the BJP’s election campaign. The BJP lost that seat to the Samajwadi Party! Modi must be disappointed that the Ram Mandir hype failed to trigger a massive wave of support for his party. This particular defeat signifies a massive setback for the BJP’s ethno-religious agenda.
Modi’s divisive election campaign failed to yield the desired result. The BJP’s failure to secure an outright majority could be attributed to a host of factors, some of them being the suppression of the Opposition, the arrogance of power, chronic unemployment, and the rising cost of living. The BJP also did not care to reimage itself in a positive light to attract the youth.
Modi will hereafter see the Congress-led INDIA bloc with 223 seats, in his rearview mirror. The Congress (99 seats) and its allies have eaten into the BJP support base considerably, but they have a long way to go before being able to capture power.
The bumpy ride ahead for the BJP-led coalition government to be formed may improve the INDIA bloc’s chances of bettering their electoral performance and turning the tables on the BJP and its allies in time to come. Modi will have a lot to worry about in his third term.
US sports envoys to Lanka to champion youth development
Rahuman questions sudden cancellation of leave of CEB employees
