Constitution of glaring inequality

12 (1) - "All persons are equal before the law and are entitled to the equal protection of the law."

However, Article 35 (1) states:

"While any person holds office as President no proceeding shall be instituted or continued against him in any court or tribunal in respect of anything done or committed to be done by him either in his official or private capacity."

I am neither a legal expert nor a scholar but, it seems to me that anyone with simple common sense can see the gross contradiction between the two Articles in the Constitution. How can anyone among us be entitled to "equal protection of the law" when there is a person in the land who can commit any offence against us (even in his private capacity) and go scot-free without facing any legal consequences? 

The President can hit a person but cannot be charged under the law but if the same person hits the President, that person will be charged and punished in a court of law. Is this the "equal protection of the law" available to Sri Lankan citizens under the Constitution? Does not Article 35 (1), therefore, negate the spirit and purpose of Article 12 (1) of the Constitution?

It should also be borne in mind that while Article 35 (1) is of purely local origin, Article 12 (1) was incorporated in the Constitution in accordance with the UN Charter and other human rights regulations which have been ratified by Sri Lanka from time to time. Any infringement of Article 12 (1), either in practice or by any legislation that negates its application, is a blatant violation of international obligations for which the state is responsible. In my opinion the state can be charged in any international court of law for such violation.

Legal experts and other guardians of fundamental rights should examine this glaring anomaly and take suitable action to have it rectified.

K. Dharmalingam
Batticaloa

Those were days of men of calibre

When the train disaster occurred at Mirigama, I was District Scout Master of Gampaha and camping with our scouts close to the scene of the disaster.

The letter is an eye-opener how the scouts acted, indicating the importance of scouting in moulding good citizens.

I also met Major Eardly Mac Heyzer, the famous ruggerite, at the scene. He was my colleague in the army during World War II.

It is seldom one comes across appreciation for assistance rendered. 

I fully endorse his comments on State Councillor H.R. Freeman, a Britisher who was elected by the people of this country to represent Anuradhapura. I have personally seen him walking along the pavement with an umbrella in hand from the Fort Railway Station towards the State Council which is now the Presidential Secretariat. This reveals the difference between the politicians of today and those of yore.

I am a very old man and would appreciate if these remembrances are published for the benefit of the younger generation.

P.D. Fernando
Ragama

Blind reaction by a nation of great minds

We are told that the hallmark of the advanced human being is his ability to think when faced with a difficult situation, to analyse, and then (only then) act. Blind reaction belongs to the untrained mind - like those of lesser human beings and animals. By any standard, Bush's handling of the situation was blind reaction.

A factor that helped make America rich and powerful was the ability of its people to think and organise, be it in the manufacture of aircraft, the handling of some natural disaster, or even in simple day-to-day operations. How do American institutions like NASA, Boeing or Microsoft do this? They would first define the problem, study all aspects of it, investigate its causes, and then look for possible solutions. They would evaluate these solutions and select the best.They would not become entangled with base human characteristics like rage and wounded pride.

It is surprising, therefore, that the leaders of a country whose people are renowned for their clear thinking and problem solving, qualities that have enabled them to achieve great feats like space travel, should act so impulsively when responding to a terrorist attack. Could it be that their inability to control human qualities has something to do with their preoccupation with things material to the extent that they have allowed the spiritual side to degenerate? Do they not know that violence begets violence? Do they not go to church anymore?

It is our misfortune that the world has to be run by politicians. Had Bush summoned the CEO of Boeing and asked him to deal with this problem, the results would have been infinitely better for America and for the whole world.

Chula Ratnatunga
Pita kotte

Residents, it's time for legal redress

At other times using even this short stretch is a major problem because vehicles coming to Lyceum and Crystal supermarket etc., are parked there. Vehicles are also parked at the opening and closing times of Lyceum along 200 feet of Raymond Road from the Raymond Road-Pietersz Place junction, causing immense hardship to residents.

A few days ago I was on my way to Health Line for a blood test. A number of cars were parked along Raymond Road and a parent who had dropped a child at Lyceum rushed past my wife and myself, with the vehicle's side mirror hitting my hand. Fortunately, I did not fall into the drain.

The Dehiwela-Mount Lavinia Municipal Council has not only approved the construction of highrise buildings for Lyceum and Sakya but allowed an auction centre and a fast food outlet to operate in this highly residential area. This is a threat to the peace and tranquillity of the area. 

A few years ago a Raymond Road resident wrote to the paper under his name about the nuisance caused by Lyceum. That was when the second Lyceum was in its infancy and had fewer children. A few days later a reply supposedly from the students appeared in the paper. It was a rebuff and also a veiled threat against interfering in their affairs. 

A discerning reader would no doubt have seen the hand of the management behind the reply. The proprietors of these institutions are powerful people.

Meanwhile the Mayor has taken the side of the businessmen and the police the path of least resistance. It was meaningless to fix a "no entry" board if the police had no officers to enforce the law.

The best way of solving the problem is to tell all parents to park their vehicles away from both Raymond Road and Pietersz Place and make their children walk to the school without usurping the rights of the residents. If the Mayor who is responsible for creating the mess and the police cannot solve the problem, the residents may be compelled to seek legal redress.

A. Resident
Nugegoda.

Peace through faith

A. Abdul Azis
Negombo