Law and duplicity

Wednesday 7th December, 2022

The government has gained the upper hand over its political rivals by ruthlessly invoking some draconian laws such as the Offences against Public Property Act and the Prevention of Terrorism Act. It is ready to do everything in its power to consolidate its hold on power. A few months ago, the ruling party politicians were running as fast as their legs could carry them to escape from the Aragalaya activists, but today the boot is on the other foot.

The government has succeeded in turning the Aragalaya agenda on its head, to all intents and purposes, and making its political opponents opt for defensive action. Earlier, the Aragalaya protesters staged street demonstrations in a bid to bring about a ‘system change’, and succeeded in ousting President Gotabaya Rajapaksa himself, but, today, they have had to fight to secure the release of their leaders languishing in remand prisons!

Two leaders of the university students’ movement—Galwewa Siridhamma Thera and Wasanatha Mudalige—who were arrested and remanded for damaging the main gate of the Education Ministry, Battaramulla, during a protest, were bailed out yesterday. Mudalige was however taken back to remand prison over another case, according to media reports.

Protesters have no right to inflict damage on properties, public or otherwise, and those who violate the law have to be severely dealt with. But the problem is that the Offences against Public Property Act is enforced selectively. It does not apply to the so-called lawmakers, who therefore can destroy public property with impunity.

One may recall that in October 2018, a large number of UPFA MPs, who had banded together as the Joint Opposition, went berserk in Parliament, and smashed up electronic equipment and furniture there. No action was taken against them, and most of them are in the current Parliament. Even more shocking is Cabinet Spokesman and Minister Bandula Gunawardena’s claim that such incidents cannot be dealt with under the regular laws of the country! He reportedly said so at a media briefing in August. Does this mean that the legislature is above the law simply because it makes laws?

If what the Cabinet Spokesman has said about Parliament and its property is true, then the government MPs can even set Parliament on fire and get away with it, provided the Speaker, who represents their party, refrains from taking action against them. The ruling party troublemakers can get together and oust the Speaker if he tries to bring them to book! In other words, the government MPs enjoy legal immunity and can do anything in Parliament. This is a very serious situation. Let the Opposition be urged to take up this issue in the House and seek a clarification from the Speaker. If such a culture of impunity prevails in Parliament, new laws must be brought in forthwith to do away with it and ensure that the MPs are not ‘more equal than others’ where the law of the land is concerned.

The UNP let out a howl of protest when the then Opposition unleashed violence and damaged parliamentary property following the latter’s abortive attempt to grab power in 2018. It even lodged a complaint with the police against the troublemakers. Ranil Wickremesinghe, who was the Prime Minister at the time, is the President today; ironically, he is backed by the very MPs who ran amok in the House and even tried to harm Speaker Karu Jayasuriya, who courageously stood up to them, and frustrated their attempt to capture power and then dissolve Parliament. The incumbent government consisting of such rowdies has had some protesters arrested and prosecuted for damaging the gate of a ministry!

Worse, while protesters are being pursued relentlessly, arrested and prosecuted for damaging gates, etc., the rogues who have ruined the economy, and carried out mega scams, causing staggering losses to the state coffers are given police protection! No wonder the people have lost faith in the legal system, and the country is descending into lawlessness.