Sunday Times 2
Justice must be done or seem to be done without fear or favour
The sentencing of the controversial Buddhist monk by a two-judge bench of the Supreme Court to six years rigorous imprisonment was a welcome message to law-abiding citizens.
In their verdict, the judges did not flinch or show any sympathy for the accused because he was a monk. Their verdict sent a message to all and sundry that justice in this country is not tinkered with or collapsed. It is well known that this particular monk had been at the centre of many racial and communal incidents during the past many years and, at times,challenged the law-enforcement authorities too. But, like the proverbial woodpecker, he made the mistake of daring a magistrate while he was neither a complainant nor a witness — and learnt a bitter lesson.
Contempt of court case
In a particular case which was heard by the Homagama Magistrate, the monk, without obtaining permission, addressed the court and even cast aspersions on the magistrate and the State Counsel. He intimidated the Magistrate and the Court Officials and attempted to use undue influence to disrupt the smooth functioning of the administration of justice.
In the judgement, it was said that there was overwhelming evidence to prove beyond reasonable doubt that the conduct of the accused before the Homagama Magistrate was deliberate and he had the intention to intimidate the Magistrate to obtain an order he desired. The judges stated that the Court takes the contemptuous act by the accused very seriously and it cannot be condoned by any yardstick. In their judgment, the Court of Appeal judges also commented on the evidence given by another Buddhist monk claiming that the accused did not behave in a contemptuous manner in the Homagama courts. The judges remarked that the monk’s evidence was not true.
One should commend Homagama Magistrate and the State Counsel for their courage to make a police complaint against the accused. Based on the complaint, the Police investigated and brought a charge of contempt of court against the monk and he was found guilty and sentenced. The monk appealed against his conviction and the two judges who heard the appeal found the monk guilty of the charges preferred against him and sentenced him to six years rigorous imprisonment.
Amidst the claims by certain political parties and personalities that there is no law and order, and they have no faith in the judicial system in this country, the action by the Police in bringing the monk before the court of law, the Homagama Magistrate’s action and the verdict of the Appeal Court judges make it patently clear that there is no political interference in maintaining law and order and in the administration of justice.
Strikes and demonstrations
This country is now going through a series of strikes, demonstrations and protests, day in and day out, inconveniencing the people. Students who should be attending lectures in the universities and demonstrators garbed in yellow robes are visibly seen defying the law and engaging in criminal activities. The students and the monks may have legitimate grievances, but they must not cause inconvenience to ordinary citizens or break the law. The law enforcement officers, instead of looking the other way, when these protesters intentionally break the law, should take legal action and physical action to bring them to justice.
Enforce the law
The law is not a respecter of a person’s race, religion, language or status. The law should be enforced without fear or favour on the wrongdoers whether they wear a cassock or robe, or any other religious garb. This will send a clear message to those who are making use of such students and religious personalities to create chaos in the country to achieve their political ambitions. If the Police had taken stern action against this controversial monk during the 2014 Aluthgama communal clashes, last year’s attack on Muslims in Ampara and Kandy would not have happened. Those who engage in such racial and communal activities will think twice and desist from joining the mobs which incite racial and communal disharmony.
Let law and order and
justice prevail!
(The writer is a retired Deputy Inspector General of Police)