Lawmakers stain Temples of Justice

Amidst all the problems, and worries, faced by the public, from shortages of all necessities, and very little promise of any improvements in the coming months, the people must certainly have some joy in recent decisions of the Judiciary.

The Hills of Hulftsdorp are having a glow of justice in play, as the Judiciary has made landmark decisions on key issues facing the country.

This week’s landmark Supreme Court determination of the Special Goods and Services Tax (SGST) Bill, has clearly shown its inconsistency with the key Articles of the Constitution, and clearly told the legislature that such clauses will need both a two-thirds majority in Parliament and approval at a referendum – where the people’s choice will be made clear. This clearly moves away from what have seen as the Rajavasala Thinking in the recent months, where the constitutionally protected values of humanity and democracy have been placed under threat by Political Power.

It certainly restores the democratic rights of the people, which the people in power seem to be in contempt, while promoting the power of the Rajavasala – with five of them in the Cabinet, and several other close associates sharing the benefits at the power table.

Last week, a Trial-at-Bar acquitted and released the former Secretary, Ministry of Defence, Hemasiri Fernando, and the former IGP Pujith Jayasundera, on charges of involvement with the Easter Sunday Carnage, and at the same time  made the Court’s observations of the questionable legality and fair play of the Attorney General in preparing the charges against them, when there were politicians above them with the necessary related authority on handling this carnage.

These moves by the Supreme Court and the Trial-at-Bar are welcome signs that the process of democracy is still alive in Sri Lanka. This is, despite the many moves by present and past lawmakers, to take this country away from democratic progress to the feudal traditions of the past, where race, religion and caste have had a bigger say in governance.

The observations on the role and functioning of the Office of the Attorney General does raise many issues about the large number of persons who have been ‘set free’ from charges, largely filed by the Commission on Bribery and Corruption, on technicalities that could have been clearly resolved in the Courts. We have seen so many Ministers, MPs and persons of political influence being freed of charges of corruption, which involved not only the illegal handling of public funds, but also the lives of several youth.

The judiciary has clearly told our present lawmakers that many of their policies and practices are violations of the standards and traditions of democracy, human rights and human values. The present government may have a two-thirds majority in Parliament, through the 20th Amendment that assured Gotabaya Power. But it is now clearly the role of the Opposition to declare their opposition to the prevailing power, and present to the public new policies, based on democracy and human rights, to be discussed by the public in the coming months, and even years, to restore and widen democracy in our society.

Whether it is the Sajith Premadasa-led SJB, or the JVP and NPP-led alliance that seeks power in the future, or any other political groups that may come together – among Tamils and Muslims too – should come forward with well thought out, practical and necessary proposals  that can take this country far ahead from the heady day of Independence, and the decade before that.

What Sri Lanka needs is a major move away from the JRJ strategy that distorted and shattered our democratic traditions (with many limitations, no doubt), and the dominance of race and religion. It is new thinking, based on current global trends, and a determination to change our educational system that can build a truly competent new generation on National Unity, not confined to the limitations of current politics and crooked thinking.

The Island

editorial of this Thursday (Feb. 24), titled ‘Bad Bills’, had much to say, drawn from the recent decision of the Supreme Court, and was very strong in seeing it as an indictment of the Attorney General’s Department, which is reported to have cleared the SGST Bill. It asks an important question: “How come such a bad Bill found its way into Parliament?”  This is a question that both the people and MPs should keep raising on the legislative process of government.

The editorial also raises an important issue on the passage and ratification of a Bill in Parliament. It refers to the questionable provision for the appointment of defeated candidates to Parliament, via the National List. It says clearly that what the Speaker signed into law, in 1989, contained a provision for bringing defeated candidates into Parliament, through the back door, as National List MPs.

We have the most glaring example of this in the presence of the UNP leader in Parliament today.  Not only was he defeated in his contest for a seat in the Colombo District, but his entire party failed to obtain even one elected seat. Today, he is making a full show in the House – performing as a Lone Leader of political play.  A complete contempt of the will and rights of the people, the voters.

It now seems proper to empower the Judiciary to review the laws passed by Parliament, and make its own observations on how the Constitution has been properly followed, or dangerously violated. This is how we could really respect the Judiciary, and limit the power of the lawmakers to manipulate the laws to suit their politics and family holdings.

Let us put a stop to the lawmakers staining the Temples of Justice!