Opinion
Contempt of court and democracy

Donald Trump has finally left the White House President Joe Biden is acting fast to revoke many of the Trump decisions affecting the US and the world.
The world is watching the new trend in the US, and the claims that Democracy has been restored. There will certainly be many more actions needed to restore or ensure Democracy in the USA – because it needs much more than universal franchise. In fact, on the subject of universal franchise – Sri Lanka is far ahead of the US-nearly 70 years. But, let’s be cautious in making any claim that we are a wholly a democratic nation or country…we certainly need much more to claim that.
Democracy aside, we are now in the midst of a raging debate on the Judiciary. Film star-turned-politician, Ranjan Ramanayake is the stuff of the debate here, with his four years rigorous imprisonment for the offence of Contempt of Court. Are we still in the colonial stage and thinking on Justice and Contempt? How fair, equitable and honourable, are our law and traditions on Contempt of Court?
We are now having a big issue whether India should be given 49% of the East Container Terminal in the Port of Colombo. There are also increasing and loud disapprovals on the delay in obtaining Covid-19 vaccines from India. Let’s put these aside, and with one of our most popular and thrice re-elected member of Parliament, having to face four years of rigorous imprisonment, see if we have in any way gone beyond the colonial days of subjugation under the British, on the matter of Contempt of Court — a key factor of Justice. Are we ready to admit that this Hindu majority neighbour is far ahead of us in this key area of Justice? Or, should we just keep in line with the colonial rulers?
Let’s be honest – we have no proper law on Contempt of Court. We have a constitutional provision, which does not lay down the proper legal practice in dealing with this “offence” against the law. There is no minimum or maximum sentence, no provision for appeal against a Supreme Court, which happens to be the only court where the case is heard.
Is this the substance of Justice?
Look at the realities. Ramanayake is accused of having insulted the judiciary and members of the legal profession. He said what he believed. Have they always been clean, above dishonesty and deceit, and what about his democratic right to freedom of speech and comment?
We are still not too far away from a former Chief Justice, who acted in favour of a political leader in respect of Tsunami relief funds. He even admitted this several years later. Is that the stuff or substance of a non-corrupt judiciary?
Is this the situation in which Ranjan Ramanayake must suffer four years of rigorous imprisonment, and also lose his membership of Parliament, and be unable to contest a parliamentary election for many years to come?
Just look at Parliament he was in until last week and the judicial order for imprisonment; he has no other convictions. One member who was elected after being found guilty of murder is allowed to participate in the House sittings with the consent of the Speaker. Another member who has been five years and more in remand custody is now fully free, after the Attorney General’s Department found evidence against him isufficient as regards the murder of a member of Parliament at a Christmas Day church ceremony in 2005.
Just look at some of the Indian judgments on Contempt of Court. In the Bikram Birla Case on indecent, insulting comments on the judiciary the judgement was imprisonment for one month and a fine of Rs. 200.
More recently, Indian lawyer Prashant Bhooshan, who made on contemptuous statements via Twitter, was fined just one rupee, and brief imprisonment if the fine was unpaid.
Well-known journalist, author and social activist Arundhathi Roy, on charges of insulting the judiciary was sentenced to jail for one day. Shouldn’t we learn from this Indian trend? Another matter that comes to mind is whether it is proper for the institution (or persons) allegedly hurt by the actions or comments of a citizen, hear and give judgment on one’s own case?
So, why not have a different judiciary – possibly with retired senior judges or persons with such experience and eminence – to hear cases of Contempt of Court?
Also, why not have proper legislation laying down the exact explanation of contempt and the minimum and maximum punishments, as well as provisions to keep the guilty out of prisons on the basis of good behaviour? Isn’t this the stuff and substance of democracy.
We certainly don’t need either Joe Biden or the Queen of England to teach this. It is the task of our own lawmakers, including those sentenced by the courts who are now making our laws.
This is the issue of justice and legality, together with civic rights and common sense that Ranjan Ramanayake has brought before us, as he suffers four years of rigorous imprisonment, that bothers the minds of democratic citizens.
Opinion
Ampitiya That I Knew

Ampitiya is a village just two miles from Kandy. The road to Talatuoya, Marassana, Galaha and turning left from Talatuoya to Tennekumbura and Hanguranketha and beyond goes through Ampitiya.My family moved there in 1949 when our paternal grandfather bequeathed the ancestral home to our father to be effective after our grandfather’s demise. Until then the eldest sister of our father’s family with her family and the two bachelor brothers lived in the house. After living in various places our father was transferred to on duty, we had come to our final abode there.
The house was situated about 100 yards before the second mile post. There were paddy fields both in front of the house and behind it with a mountain further away. These were salubrious surroundings to live in. There was no hustle and bustle as in a town and the only noise would have been the occasional tooting of horns and the call of vendors selling various household needs.
The Ampitiya village extended from near the entrance to the Seminary and the school situated a short climb away along Rajapihilla Mawatha (now Deveni Rajasinghe Mawatha) on the road from Kandy ending at the gate to the Seminary, and running up to the Diurum Bodiya temple.
Ampitiya was well known thanks to the Seminary of our Lady of Lanka located there. Newly ordained Catholic priests took theology classes here. The Seminary with its majestic building commanded a fine view of the Dumbara valley. The student priests lived in the hostel called Montefano St. Sylvester’s Monastery situated just above the sloping rice fields coming down to the Kandy-Talatuoya Road. There was a volleyball court within the Montefano premises and we used to see the young priests enjoying themselves playing a game in the evenings as the court was quite visible from our house.
We, as schoolboys of the neighbourhood, used to get together during many weekends and play cricket on the roadway to the Montefano which was just past the second milepost as there was no vehicular traffic then on that road.
Ampitiya had a school started by the Catholic Church and known as Berrewaerts College which later became the Ampitiya Maha Vidyalaya. At the time our family became residents of Ampitiya this was the only school. Later the Catholic Church established a girls’ school named Carmel Hill Convent. This school enabled most girls who had to go all the way to Kandy or Talatuoya by bus to walk to school.
People who follow sports, especially athletics, would have heard the names of Linus Dias, Sellappuliyage Lucien Benedict Rosa (best known in Sri Lanka as SLB Rosa) and Ranatunga Karunananda, all Ampitiya products who participated in the Olympics as long distance runners competing in the 10,000 metres event. Linus Dias captained the Sri Lankan contingent in the Rome Olympics in 1960.Though they were not able to emulate Duncan White they took part.
Karunananda became a hero in Sri Lanka as well as in Japan when at the Tokyo Olympics of October 1964 he completed the 10,000 metre course running the last four laps all alone. The crowd cheered him all the way to the finish appreciating his courage in not abandoning the already completed race. Later he said he was living up to the Olympic motto which said the main thing is to take part and not to win.
Rosa captained the Sri Lankan team in the 1972 Munich Olympics. He switched to long distance running while still a student thanks to the Principal of Ampitiya Maha Vidyalaya, Mr. Tissa Weerasinghe (a hall mate of mine one year senior to me at Peradeniya) who had noted his stamina and asked him to switch to long distance events. I must mention that Tissa was responsible for bringing this school to a high standard from where it was when he took over.
Coincidentally, during our Ampitiya days, all the houses from Uduwela junction for about half a mile towards Talatuoya were occupied by our relatives! They included the Warakaulles, Koswattes, Pussegodas, Sangakkaras, Godamunnes, Thalgodapitiyas and Wijekoons. Now most of these houses are occupied by others.
Ampitiya area had two Buddhist temples. One was the Dalukgolla Rajamaha Viharaya on the Ratemulla Road and the other, Ampitiya Diurum Bodiya, near the third mile post. From the latter temple a famous Buddhist monk, Ven. Ampitye Rahula Thero later joined the Vajirarama temple in Colombo and was highly recognized by Buddhists just like Ven. Narada and Ven.Piyadassi Theros.
The Uduwela temple had a water spout emerging out of a granite rock where the temple priests and neighbours used to bathe and wash their clothes. This spout never ran dry.
At present the landscape of Ampitiya has changed hugely. Most of the sloping paddy fields have been filled and dwelling houses have come up. The majestic view, except for faraway mountains, is no longer present. A five-star hotel has been built just beyond the second mile post and the area has lost its previous tranquility. A person of my vintage who once lived there visiting Ampitiya now wouldn’t be able to recognize the place given the changes.
HM NISSANKA WARAKAULLE
Opinion
Expert advice on tax regime

The Government’s new tax regime has led to protests not only by high income earning professionals but also by Trade Unions.In my view the problem is not with the rate of taxation which is 6% – 36%, but with the tax exemption threshold. Due to hyper-inflation and the high cost of electricity, water, essential food items etc, the Exemption Threshold of 1.2 million per year is far too low.
If the Exemption Threshold is increased to at least 1.8 million per year, the Trade Unions are likely to accept this. It will also lessen the burden of taxation on high income professionals. And it should not impact on the IMF agreement.
The time has now come for a compromise between the Government and the protesters.
N.L.Mendis
(The writer is a retired Commissioner General of Inland Revenue)
Opinion
Catseism

This refers to the superlatively interesting and provocative piece on the above subject by Dr Upul Wijewardene{UW) appearing in The Island of 21/3/23 wherein, as he states, he had been a victim himself at the hands of a well-known Professor of Medicine turned health administrator. He makes it a point to castigate the leaders of the Buddhist clergy for their deviation from the sublime doctrine of this religion.
My first thought on this subject is that it is a cultural problem of exploitation by the privileged of the less fortunate fellow beings. The cultural aspect has its origin in the religion of the majority in India, Hinduism. There is no such discrimination in Islam.
The first recorded case was that of a Sinhala member of the Dutch army fighting against the Portuguese (or the army of the Kandiyan kingdom) being prevented by the members of the higher ranks from wearing sandals due to his low status in the caste hierarchy. The Dutch commander permitted the Sinhala solder to wear sandals as recorded by Paul Pieris in “Ceylon the Portuguese era”
There is also the instance of a monk getting up to meet the King when it was not the customary way of greeting the King by monks.
In an article by Dr Michael Roberts, a Sri Lankan historian published in a local journal, it is said that members of the majority caste (approximately 40% of the Sinhala population) were not permitting lower ranking public officials serving the British government wear vestments studded with brass buttons. The second tier of the hierarchy who had become rich through means other than agriculture like sale of alcohol in the early British times took their revenge by lighting crackers in front of houses of their caste rivals when a British Duke was marching along in a procession in Colombo.
It is not uncommon for members of minority castes numerically low in numbers to help their own kind due to the discriminatory practices of the higher tiers of the hierarchy.
Dr Leo Fernando
Talahena, Negombo
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