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Editorial

Hope springs eternal …

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Tuesday 8th August, 2023

Former Chairman of the Election Commission (EC) Mahinda Deshapriya, who serves as the Head of the National Committee on Delimitation of the Divisions of Local Government (LG) Bodies, seems to be full of optimism. He is reported to have said he expects either the local government polls or the Provincial Council (PC) elections to be held before 15 September, when the International Day of Democracy Day falls. Does he think the incumbent regime is a respecter of democracy!

Deshapriya no doubt is a veteran of electoral affairs and did commendably well as the EC chief, but one wonders whether he is being overoptimistic; there is nothing that the current regime fears more than elections, which it needs like a hole in the head. There are reasons for its ‘poll phobia’,

Adversity made strange bedfellows of the UNP and the SLPP during last year’s popular uprising, but they are now at loggerheads. They are bound to take on each other in case of an election being held. The economic crisis is far from resolved, and the public is crying out for relief and resentful. The government cannot be unaware that, given its unpopularity, facing an election at this juncture will amount to political suicide.

Not that the Opposition has made much headway on the political front, but the government will have its work cut out to avert a crippling blow at the hands of Citizen Perera, whose patience has already run out. It is therefore not possible that the government will take a huge political gamble by holding an election anytime soon lest a midterm electoral debacle should mark the beginning of the end of its rule. This is the last thing any beleaguered regime wants.

The SLPP-UNP government, however, may not be able to go on postponing elections until the end of time. The UNP has sought to justify the postponement of the PC and LG polls by claiming that there will be a snap presidential election in a few months. President Ranil Wickremesinghe’s preoccupation with ‘the full implementation of the 13th Amendment’ has come to be viewed in some quarters as part of a strategy to enlist the support of the Tamil political parties for his bid to secure a second term. But the Constitution empowers only a popularly-elected President to seek a second term prematurely. President Wickremesinghe, elected by Parliament, is constitutionally required to complete the remainder of his predecessor’s term, which ends next year. The only way he can overcome this obstacle, if he so desires, is by changing the Constitution. But the government cannot muster a two-thirds majority in Parliament for that purpose. There’s the rub.

That the government is determined not to hold the PC/LG polls soon has become clear from its efforts to downplay the importance of elections. In June, President Wickremesinghe said at an event held by the Bar Association of Sri Lanka that the people, especially the youth, had lost faith in elections. Judges of the Supreme Court and the Court of Appeal were in the audience. He has drawn heavy fire for making such a statement pending a case against the postponement of LG elections. He has tried to justify his refusal to allocate funds for elections by claiming that the government is struggling to find money for the procurement of essential commodities; the most important task is to sort out the economy.

President Wickremesinghe is now in a position to dissolve Parliament. But he is not likely to resort to such a course of action although the SLPP-UNP relations have turned sour, with some SLPP seniors criticising the President in public; it will be tantamount to a political kamikaze attack.

Parliament can advance the next general election by resolving to dissolve itself. But the government, which fears elections, still has a majority in the House despite the Opposition’s braggadocio. So, given the fact that the current regime is wary of facing any election, the public is not likely to be able to exercise their franchise until next year.



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Editorial

Of that warning

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President Anura Kumara Dissanayake continues to draw heavy flak from the Opposition for repeatedly declaring, at the NPP’s Local Government (LG) election rallies, that he will readily approve financial allocations for the local councils to be won by the NPP and others will face difficulties in obtaining funds as the political rivals of the NPP cannot be considered clean. The Opposition and some election monitors have taken exception to what can be considered a warning issued by President Dissanayake, and brought it to the notice of the Election Commission (EC).

The Government Information Department has denied a media report that the EC issued a letter pertaining President Dissanayake’s aforesaid statement. This is a strange state of affairs in the run-up to a crucial election, where the stakes of the ruling NPP are much higher than those of its rivals.

It is clear to any intelligent person that President Dissanayake is leveraging his position as the Finance Minister in a bid to influence the outcome of the upcoming LG polls. The message he has conveyed to the electorate is loud and clear; the local government institutions will be at his mercy and therefore it is prudent for the public to vote for the NPP and ensure the smooth functioning local councils. The EC ought to take the presidential statement in question seriously and take appropriate action.

It behoves the EC to refrain from acting like the three proverbial monkeys—refusing to hear, speak and see evil—in respect of the presidential statements that have the potential to influence the outcome of the upcoming polls. It has to act in response to the Opposition’s complaints promptly.

If the EC has not reacted to the controversial presidential statement in question, as the Government Information Department has reportedly claimed, it should make its position known to the public without further delay lest its silence should be considered a sign of subservience or partiality to the ruling coalition led by President Dissanayake. It is duty-bound to ensure a level playing field for all political parties and independent groups in the fray. The government must not be allowed to bulldoze its way through at the expense of its political rivals.

The EC should not consider President Dissanayake’s warning at issue as mere campaign rhetoric, for there have been instances where contempt-of-court charges were pressed against some politicians over their political speeches. The imprisonment of S. B. Dissanayake over a derogatory statement he made about the Supreme Court, at a Vap Magul ceremony in Habaraduwa in November 2003 is a case in point.

The Opposition’s reaction to the President’s warning that he will impose restrictions on fund allocations for the local councils to be won by parties other than the NPP has been lukewarm. In fact, the Opposition does not flog any issue hard enough to shape public opinion. It has not even been able to highlight what the Batalanda Commission report says about the JVP’s violent past. The green-channelling of 323 red-flagged freight containers has been forgotten. The Opposition has claimed in Parliament that a member of the incumbent Cabinet was interdicted over a fraud while he was serving in the State Fertilizer Corporation, but it has baulked at naming the person concerned and demanding his resignation from the Cabinet.

The government has been able to distract the Opposition, which has also stopped short of cranking up pressure on the EC to take up the President’s aforesaid warning. The Opposition has not pointed out that the Colombo Municipal Council under UNP control survived several SLFP-led governments including those with two-thirds majorities under President Mahinda Rajapaksa and President Gotabaya Rajapaksa.

Leader of the House and Minister Bimal Ratnayake was spot on when he told Parliament recently that there was no bigger asset to the NPP government than the current Opposition, whose bark was worse than its bite. Nothing can be a graver threat to democracy than the aggressiveness of a powerful government as well as the meekness of the Opposition and the so-called independent commissions.

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Editorial

Selective use of PTA

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Saturday 19th April, 2025

Governments with steamroller majorities become impervious to reasoning. Blinded by the arrogance of power, they dig their own political graves. This, we have witnessed on numerous occasions in this country. When ensconced in power, politicians practise the exact opposite of what they preach during their election campaigns.

The JVP-led NPP government finds itself in an unenviable position. It has had some arrests made under the Prevention of Terrorism Act (PTA), which it used to condemn as a repressive law and pledged to scrap as a national priority. The JVP leaders who were arrested and detained in the late 1980s under the PTA must know what it is like to be held under that draconian law.

There is no way the government can justify the arrest and detention of former State Minister Sivanesanthurai Chandrakanthan alias Pilleyan under the PTA and the statements being made by its leaders that he has been arrested in connection with the Easter Sunday carnage contrary to what is stated in the detention order. Allegations against Pilleyan must be probed and if irrefutable evidence to prove charges against him can be ascertained, he must be prosecuted. But the CID should not have been directed to use the PTA to arrest and detain him.

One of the conditions the EU has laid down for extending GSP+ is the abolition of the PTA. The government will have a hard time convincing the EU that it is serious about doing away with the PTA while using the draconian law selectively to deal with its political opponents.

No one who cherishes human rights and the rule of law will oppose the ongoing investigation into the abduction and disappearance of Vice Chancellor of the Eastern University Prof. Sivasubramaniam Ravindranath in 2006, but on no grounds can the government’s efforts to turn Pilleyan’s detention into a kind of political circus be countenanced.

Meanwhile, the NPP government has used an ad hominem in its argument against attorney-at-law Udaya Gammanpila, who is Pilleyan’s counsel; it has been carrying out irrelevant attacks on Gammanpila and vilifying him instead of addressing his arguments or position on the issue. It has claimed that Gammanpila has no experience whatsoever with handling court cases on his own, and therefore it is puzzling why he has undertaken to handle Pilleyan’s case. In peddling this argument, the government has made a mistake. It is counterproductive for the JVP/NPP to question Gammanpila’s ability to appear for a client in courts on the grounds that he has no experience with handling court cases on his own, for the same logic can be used to bolster the Opposition’s claim that the JVP/NPP, which has not even run a wayside kiosk, is not equal to the task of governing the country.

If the government actually believes that Gammanpila cannot handle Pilleyan’s case properly, it should be happy, for it wants Pilleyan thrown behind bars, doesn’t it? Sun Tzu has said in The Art of War that you must not disturb your enemies when they are making mistakes. If the government thinks Pilleyan has made a mistake by retaining Gammanpila, who, it says, cannot handle his case properly, why should it make an issue of it without keeping quiet?

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Editorial

Unpunished crimes

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Friday 18th April, 2025

Many crimes, including high-profile assassinations, have gone unpunished in this country during the past several decades. The CID has selectively reopened an investigation into one of them. It has arrested and detained former State Minister Sivanesathurai Chandrakanthan alias Pilleyan over the abduction and disappearance of Vice Chancellor of the Eastern University Professor Sivasubramaniam Ravindranath in 2006. The victim had received death threats from the breakaway LTTE group, led by Vinayagamoorthi Muralitharan alias Karuna. Pilleyan was a prominent member of that outfit.

What Pilleyan is alleged to have been involved in is a very serious crime, which must be investigated thoroughly, and those who masterminded and perpetrated it must be brought to justice. However, the police and the government must bear in mind that fairness in criminal investigations is a cornerstone of justice.

The CID has used the Prevention of Terrorism Act (PTA), which the JVP/NPP leaders themselves have condemned as draconian, to arrest and detain Pilleyan. The CID would not have done so without the blessings of the JVP-led NPP government, which has made a mockery of its much-advertised commitment to doing away with that law. One is puzzled by the timing of Pillayan’s arrest, his 90-day detention, and questionable claims that senior JVP/NPP leaders, including Public Security Minister Ananda Wijepala, have made implicating him in the Easter Sunday carnage although he has been arrested in connection with the abduction and disappearance of Prof. Ravindranath. This queer turn of events makes one wonder whether the government is driven by an ulterior motive, with pressure mounting on it to ensure a breakthrough in the ongoing investigations into the Easter Sunday terror attacks before the upcoming sixth anniversary of the carnage.

Former Minister Udaya Gammanpila, who is Pilleyan’s counsel, has said the CID is capable of ‘beating a rabbit in such a way that it eventually admits that it is a fox’. The CID has amply demonstrated its ability to obtain confessions in that manner, on numerous occasions, especially after the murder of Seya Sewwandi, a four-year-old girl, in Kotadeniyawa, in 2015. Two men and a schoolboy were taken into custody on suspicion over that heinous crime, severely beaten and vilified before the real murderer was arrested. One of the men and the schoolboy complained that they had been tortured during interrogation and asked to make confessions.

It is a supreme irony that the JVP, the main constituent of the ruling NPP coalition, which has undertaken to ensure that justice is served in respect of the abduction and disappearance of a Vice Chancellor, has been blamed for assassinating two Vice Chancellors—Prof. Stanley Wijesundera and Prof. Chandratne Patuwathavithane—for defying its illegal orders. Those intrepid academics were killed in 1989 while serving as the VCs of the University of Colombo and the University of Moratuwa, respectively.

All those who are responsible for the abduction of Prof. Ravindranath in a high security zone in Colombo must be made to face the full force of the law. Similarly, the university dons in the NPP are duty-bound to have the masterminds behind the assassinations of Prof. Wijesundera and Prof. Patuwathavithane also brought to justice.

Prof. Wijesundera and Prof. Patuwathavithane were killed for resisting the JVP’s attempt to disrupt university education. Today, the leaders of the JVP, which had those professors gunned down for refusing to obey its illegal order to close universities in protest against the Indo-Lanka Accord and the devolution of power through the Provincial Council system are all out to ingratiate themselves with Indian Prime Minister Narendra Modi; they also stand accused of helping further India’s strategic interests at the expense of Sri Lanka! They won’t reveal the contents of the recently inked MoUs/agreements with India, especially the one on defence cooperation! They have also pledged to hold the Provincial Council elections after conducting the Local Government polls!

Any man’s death diminishes those who are involved in mankind, as John Donne has said poetically. Needless to say, the deaths of hundreds of men diminish them more. Curiously, the massacre of about 600 policemen, who surrendered to the LTTE, in the Eastern Province, in 1990, on the orders of the then UNP government, has gone uninvestigated. The family members of those police personnel, killed in the line of duty, deserve justice just like those of the Easter Sunday carnage victims. Let the NPP government be urged to order a probe into the massacre of the policemen in the East.

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