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Editorial

Justitia in tears

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Thursday 28th October, 2021

Power befogs governments, and makes them muddle along, impervious to reason. When intoxicated with power, politicians think they cannot be wrong and resort to ill-conceived actions, and box themselves into a corner, in the process. This, we have witnessed under all governments with steamroller majorities.

President Gotabaya Rajapaksa is no stranger to controversy. This time around, he has triggered an avalanche of criticism by appointing General Secretary of the Bodu Bala Sena (BBS) Ven. Galagodaaththe Gnanasara Thera, of all people, as the head of a 13-member Presidential Task Force (PTF) to ‘make a study of the implementation of the concept, One country; One law, and prepare a draft Act for the said purpose’. The PTF is also required to study the draft Acts and amendments prepared by the Ministry of Justice and submit a proposal, we are told.

The other members of the PTF are Prof. Dayananda Banda, Prof. Shanthinandana Wijesinghe, Prof. Sumedha Siriwardana, N.G. Sujeewa Panditharathna, Attorney-at-Law Iresh Senevirathne, Attorney-at-Law Sanjaya Marambe, Eranda Navarathna, Pani Wewala, Moulavi Mohamed, Mohamed Inthikab, Kaleel Rahuman and Azeez Nizardeen. Why hasn’t anyone been appointed to represent the Tamils? There should be members to look after the interests of all communities including the Veddas. The need for an outfit tasked with such a serious task to be inclusive cannot be overemphasised.

It defies comprehension why the President has handpicked as the head of the PTF a person who was granted a presidential pardon while serving a sentence for contempt of court, which in other words means causing an affront to the dignity of the judiciary. How come the President thinks a person sentenced to jail for violating the law is fit to carry out his one-country-one-law project?

Opinion may be divided on what led Gnanasara Thera to commit contempt of court, in 2016, and languish in prison. He has been hailed in some quarters for taking up the cudgels on behalf of some military intelligence personnel, but by no stretch of the imagination could this be cited in extenuation of the offence of disrupting court proceedings. If everyone starts doing so, courts will not be able to function. However, it will be remiss of anyone who is flaying Gnanasara Thera to turn a blind eye to a far worse incident that took place in the Colombo High Court about a decade ago. When the judgment in the White Flag case was delivered on 18 Nov. 2011, a group of lawyers and outsiders went berserk, smashing court furniture and threatening judges; the police had to rush in to protect them. Nobody was prosecuted for that ugly scene, which the Bar Association of Sri Lanka, and all those who are fighting for the independence of the judiciary chose to ignore. However, two wrongs do not make a right.

The idea behind the one-country-one-law programme is to ensure that the law of the land applies to everyone equally. So, a person who has shown disrespect for the law and the judiciary and been jailed for that is ipso facto disqualified from heading the PTF in question. This, however, is not the only reason why the President’s wisdom of making the controversial appointment stands questioned.

Hasn’t anyone in the government read the report put out by the Presidential Commission of Inquiry (PCoI), which probed the Easter Sunday attacks? The PCoI has, in Chapter 22 titled, Contributory Factors, recommended that the Attorney General consider whether criminal proceedings can be instituted against Ven. Gnanasara Thera. It has also recommended that the BBS be proscribed because its actions pose a threat to religious harmony. Observing that ‘some of Gnanasara Thera’s actions and utterances have contributed to Muslim youth taking to extremism and joining Zahran’, the PCoI says: “It was in evidence that Zahran used the speeches and actions of the Thero to rally support for his cause. In the final video made by Zahran spelling out the reasons for the attacks, reference is made to the actions of the Venerable Galagoda Aththe Gnanasara Thero … The actions of Ven. Galagoda Aththe Gnanasara Thero resulted in reciprocal radicalization of Muslim youth.”

Is it that the President has not taken the PCoI findings and recommendations seriously? However, some recommendations have already been carried out. Criminal proceedings have been instituted against former Defence Secretary Hemasiri Fernando and ex-IGP Pujith Jayasundera.

Why weren’t the PCoI recommendations taken into consideration when the aforesaid controversial appointment was made? An explanation is called for.



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Editorial

Gas bombs and Occam’s razor

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Tuesday 30th November, 2021

Sri Lankans have a remarkable ability to forget. That may be the reason why Prabhakaran failed to achieve his goal despite all his bomb blasts on civilian targets. Zahran, in his wisdom, emulated Prabhakaran, carried out bomb attacks, but got nowhere near his goal posthumously. The local gas companies have gone a step further; they charge for causing explosions that kill people and destroy property!

It is in fear and trepidation that every Sri Lankan woman steps into her kitchen to cook up a storm as the danger of a firestorm lurks there thanks to the gas companies run by Zahran’s fat-cat cousins who have turned gas cylinders into bombs. Unlike Prabhakaran and Zahran, the gas mudalalis have benefited from Sri Lankans’ collective memory lapse. The brouhaha over gas explosions seems to have fizzled out.

The government has taken steps to have a few gas cylinders tested to find out why they cause explosions, and reports thereon have been referred to a national university. The matter has ended there to all intents and purposes. People are being urged to apply soapy water to the valves of gas cylinders they purchase to see if there are leaks. The onus has thus been shifted to the consumer! In other words, in case of a gas explosion, the consumer concerned will be blamed for not checking the valve of his or her gas cylinder properly—caveat emptor!

Hitler, wherever he may be, would feel ashamed if he knew the Sri Lankan gas company honchos have found a much easier way to snuff out lives than his huge gas chambers. The process of destroying lives here is very simple. A person walks, half-asleep, into his or her kitchen in the morning, and switches on a light … a big bang, and he or she is gone!

There has been a debate on the causes of gas explosions. Scientists have adduced several reasons. It is believed that the gas composition has been changed arbitrarily and the valves of gas cylinders, regulators, etc., cannot take the pressure of the new mix, and therefore they develop leaks, endangering the lives of the people. But, we, as laymen, prefer to adopt the philosophical rule—Occam’s razor, or the principle that the simplest explanation is usually the best one—in dealing with the ‘gas bomb’ issue.

The real problem, in our book, is the leaky valves of gas cylinders. No gas cylinder with a defective valve or any other defect must be allowed to leave the factory, but many of them have entered the market. Obviously, there has been a very serious lapse on the part of those responsible for testing cylinders; they and their superiors must be held accountable for allowing safety standards to be compromised, and endangering the lives of consumers. What has really caused the gas cylinder valves to develop defects is a matter that should be dealt with separately.

What needs to be done urgently is to suspend the sale of gas and interdict all those in key positions of the state-owned gas company for their collective failure to ensure the safety of the gas cylinders they sell. Otherwise, they will cover their tracks, and it will be well-nigh impossible to figure out how the unsafe gas cylinders entered the market. The culprits must be prosecuted for criminal negligence or wilfully changing the butane-propane ratio, exposing the public to danger, as claimed by some experts.

The precedent created by the Presidential Commission of Inquiry (PCoI), which probed the Easter Sunday blasts should be adopted in apportioning the blame for the kitchen gas bombs, as it were. The PCoI says, in its report, the entire yahapalana government including the President and the Prime Minister must be held accountable for the blasts in 2019. Similarly, the incumbent government, which came to power promising to prevent blasts and save lives, the President and the Prime Minister must be held accountable for the gas bombs that turn kitchens into infernos.

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Editorial

Zorro back to zero

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Monday 29th November, 2021

Maithripala Sirisena did not want to remain a Cabinet minister in the UPFA government, which he left in November 2014 mainly because the Rajapaksas were riding roughshod over him. He ran for President and became Zorro, as it were, in Sri Lankan politics by defeating President Mahinda Rajapaksa. But, a little over six years on, he has chosen to stomach many indignities at the hands of the Rajapaksas and remain an ordinary MP in the current SLPP administration. Zorro is back to zero.

Senior Vice President of the SLFP Prof. Rohana Lakshman Piyadasa has gone on record as saying the incumbent dispensation has not done anything good for the people, and Budget 2022 is absolutely worthless. He has dubbed the government an edawela-tours administration—an outfit given to living from day to day. This is the general perception anent the government and its poor performance. Prof. Piyadasa has also said the SLPP MPs and ministers who are slandering SLFP leader Sirisena would not have done so without the blessings of the SLPP leaders, who, he says, could easily rein them in if they so desire. He seems to have read the situation accurately. Minister Prasanna Ranatunga has also asked the SLFP to leave the government, according to a report we publish today.

The SLPP’s popularity is on the wane, and the SLFP is trying to make the most of the situation to shore up its image and support base by criticising the government while being a part of it. The SLPP leaders have seen through the SLFP’s strategy, and it is obvious that their minions are carrying out a vilification campaign against the SLFP leader at their behest. The question is why the SLFP continues to be in the SLPP government?

Sirisena never misses an opportunity to boast that he had the executive powers of the presidency pruned down through the 19th Amendment to the Constitution, and received international recognition for his contribution to strengthening Sri Lankan democracy. He says he is the only leader in the world to have let go of some executive powers. But he unflinchingly allowed the SLFP to vote for the 20th Amendment, which nullified the much-flaunted 19th Amendment.

The main reason Sirisena publicly adduced in justification of his defection from the UPFA in November 2014 to run for President in January 2015 was his abhorrence of the dictatorial rule of the Rajapaksa family, which, he said, had become a metaphor for corruption as well as abuse of power. Paradoxically, he also claimed that he, as the SLFP General Secretary at the time, advised the then President Mahinda Rajapaksa not to advance the presidential election because conditions on the political front were not favourable to the UPFA at the time. If Rajapaksa had heeded his advice, the UPFA government would have completed its full term, and Sirisena would have remained in it for another year or so despite its ‘corruption and abuse of power’!

When Sirisena was asked in a recent television interview whether he had joined forces with the Rajapaksas again because the factors that had led him to break ranks with them were no longer there, he said the situation remained the same. If so, why did he close ranks with the Rajapaksas? He claimed he did not tell the SLFP what to do, and had allowed the party’s Central Committee (CC) and parliamentary group to make decisions, and they had decided to back the SLPP. This, however, is not true; he does not allow his MPs or the SLFP CC that kind of leeway. After winning the presidency and taking over as the SLFP leader in January 2015, he forced the party to opt for a political cohabitation with the UNP so as to consolidate his position in the new government. The UNP had only 47 seats as opposed to the SLFP-led UPFA’s 142. Having done so, how can he expect the people to buy into his claim that he does not force his decisions on the SLFP?

The SLFP has today become as politically promiscuous as the SLMC and the Ceylon Workers’ Congress; it gets enticed by political kerb crawlers. In 2015, it offered its services to the UNP, and about five years later it opted for living together with the SLPP. It seems to be looking for a new partner? This is the fate that awaits any party whose leaders act out of expediency rather than principle.

S. W. R. D. Bandaranaike would turn in his grave if he knew what has befallen his beloved party.

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Editorial

Govt. backtracks on chemical fertilizer ban

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The President and his government has swallowed some nasty stuff of their own making and finally backpedaled on what was proclaimed as an ironclad ban on the import of inorganic fertilizer. The prohibition was announced on April 26 and rescinded seven months later on Nov. 24 this year; but not without tremendous pressure by the scientific/expert lobby and widespread farmer protests. The scientists were given a platform mainly by the print media and they argued their case cogently unlike those who backed the ban. The farmer protests were both angry and near desperate and had extensive television coverage, certainly from one television station. There was no doubt that scientists and people who knew what they were talking about presented a castiron case. Some agriculture bureaucrats quit their jobs in disgust. An agriculture professor from Peradeniya, who held office in various expert committees in the agriculture ministry was sacked, or that was how his removal was described. This academic who was part of the President Gotabaya-led delegation to the recent Glasgow Climate Change COP 26 summit – after his sacking perhaps because he was already in the UK at the time of the announcement – insisted he was not an employee of the agriculture ministry to be sacked from any of its agencies.

Be that as it may, most Lankans will wonder why the president stood tenaciously by the ban, reportedly recommended by Viyathmaga and Eliya, which worked hard for his election when the anger it provoked and the dangers it posed were plainly visible. Given the massive support the Rajapaksa ticket commanded in the rural hinterland, demonstrated most recently at the presidential election of November 2019 and the parliamentary election that followed, why the president did not relent sooner than later is inexplicable. Although that has now happened after months of agitation, it was predictably done in a manner to save what face was possible. No doubt Agriculture Minister Mahindananda Aluthgamage, who had to eventually announce the policy reversal, took most of the flak. This though it is common knowledge that it was the president who was pushing the policy and the minister was no more than a loyal acolyte. But it has been remarked upon that demonstrators far preferred to burn effigies of Aluthgamage, who was the easier target, rather than those of the president and the prime minister although that too happened. Was there an element of funk to take on the bigger fish, at least as far as the president was concerned?

Most proponents of re-looking at the blanket prohibition were not opposed to a ‘green’ policy. Rather, they favored going slow on implementation, urging a step-by-step approach over a period of time. This after careful consideration of all factors involved rather than gut reaction. They stressed the blunder of attempting almost overnight imposition. Prime Minister Modi in India took longer than us to back out of his farm laws despite massive resistance. Here as well as there, there was no doubt about a presence of more than an element of political backing for and orchestration of the protests. But the responsible authorities, instead of clinging to an ironclad approach, should have paid due consideration to at least the physical evidence of the effects of blanket bans on both inorganic fertilizer and weedicides and pesticides. There’s no denying that the latter, apart from bad weather, played a part in the fall of vegetable production and consequent sky high prices. The government did itself no credit by attributing motives to opponents of the chemical fertilizer ban. It was alleged that one of them represented interests of fertilizer importers by sitting on the board of an importing company. True, but with the permission of the University employing him. It was also widely hinted that others were in the pay of such companies.

There is also the matter of the widely prevalent trust deficit between the people and the political establishment governing them. Sad but true, most people do not trust politicians regarding them to be corrupt, self-serving and taking decisions in their own personal and political interests disregarding vital national imperatives. But as has been repeatedly pointed out, most recently by the president himself, that the voters as we have often seen, re-elect those they have outright rejected. Then again the question of subsidies arise. The president is on firm record saying that the import of chemical fertilizer will be a private sector monopoly. The government has washed its hands of the business. But he has not explained how privately imported fertilizer is permissible on environmental considerations if government imports are not. He has also made clear there will be no subsidies for chemical fertilizers. The prices of these have hit record highs in the third quarter of 2021 and continued rising in November reaching levels unseen since the global financial crisis.

Our farmers have long enjoyed fertilizer subsidies and would clearly be unable to afford unsubsidized chemical fertilizers. Mr. Sajith Premadasa has made this point already after the government announcement on the import ban being lifted punching in the fact that the present rulers promised not subsidized but free fertilizer pre-election! Apart from the tilt towards organic fertilizers, government will not be able to afford many subsidies in the context of the present economic/forex picture. So there will be no return to square one. Regular columnist Rajan Philips has on this page said that the beginning of the end of the regime has begun but no there does not seem to be a new beginning for the country even if there is a change of government after elections. That seems to be a reasonable conclusion in the current context.

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