Letters to the Editor

 

Honour of judicature must be protected and preserved
The resignation from high office of two public functionaries held in high esteem by the country, Justice Mark Fernando and Dr. B.S. Wijeweera must necessarily shock the conscience of the law abiding, democratic polity of Sri Lanka.

Justice Mark Fernando is arguably one of the most honourable, fearless and erudite gentlemen that truly adorned the judicature of post-independence Sri Lanka. The reasons for his premature retirement are not clear. As a man of honour and dignity he has not disclosed the reasons. It is reasonable to presume that Justice Fernando does not in any way intend to cast any aspersions on the great institution that his father, the late H.N.G. Fernando CJ and he served with dignity, love and dedication.

Going by the media, a large number of public interest bodies consisting of highly respected eminent citizens and a galaxy of legal luminaries have requested the Prime Minister for a parliamentary probe. For all these leading citizens to collectively voice their protest is indeed a unique democratic phenomenon unprecedented here or abroad.

Justice Mark Fernando's departure particularly at this critical period in the island's contemporary history is a great tragedy. The Supreme Court of Sri Lanka is an institution with great traditions.

The sub-culture of the Supreme Court epitomized honour, dignity and integrity. It was the fountain of justice. It was rated the best in the Commonwealth. Even today, for a citizen denied justice, his last resort is the Supreme Court. If this great edifice of democracy is threatened in any manner and its credibility suffers, the entire nation will be in peril. After all justice is the most important cornerstone of democracy.

If the Prime Minister does not pay adequate heed to this appeal and fails to probe this shocking state of affairs there will be no place for honourable citizens in this country.
Politicians may come and politicians may go, underworld criminals backed by politicians come and mercifully, they definitely go; judges may come and judges may go. But the honour of the judicature must be protected, preserved, nurtured and respected forever.

Let us hope that the exigencies of the peace process will not prevent the Prime Minister from looking at this problem as one of grave national significance. If the citadels of justice fall, man loses his reason. This is one of the lasting lessons of the French Revolution.

Dr. B.S. Wijeweera's resignation from the National Police Commission is indeed an act of moral courage unprecedented in our society riddled with corruption and deceit.
Unlike in the case of Justice Fernando, the reasons for Dr. Wijeweera's resignation have become public knowledge.

A newspaper report of September 15, stated, "Whilst thanking the President of the trust reposed on him, Dr. B.S. Wijeweera has explained the reasons for his decision to the President and the Constitutional Council, a Presidential Secretariat news release said”.

Dr. Wijeweera has referred to the improper and dishonourable conduct of a member of the Police Commission for his disillusionment and his decision to quit. This allegation of improper and dishonourable conduct cannot be summarily dismissed and forgotten. This is a situation that the public and all authorities concerned must take serious notice of.

An immediate inquiry is called for. This has to be initiated by the Constitutional Council as this is the body that makes recommendations to the President of persons for appointment.

The most concerned should be the Chairman of the National Police Commission.
The National Police Commission is a fledgling democratic institution that was created unanimously and with much fanfare for the strengthening of democracy and the improvement of the law-enforcement machinery of the country. This is a sad teething problem as the persons appointed have long outlived their teething days and the country expected much from them.

The ordinary public cannot be expected to know the suitability of persons appointed to constitutional bodies of this nature. But a reasonable presumption existed that only persons of impeccable integrity and who understood the high standards expected of them were considered for appointment.

But this presumption has begun to be a myth. Immediate remedial action is called for. The National Police Commission must make maximum use of this situation to put its own stables in order. Sri Lanka desperately needs more men of the calibre of Justice Mark Fernando and Dr. B.S. Wijeweera.

Edward Gunawardena Rtd. DIG
Battaramulla


The call of a new day
Now that I am in the second half century of my life, interest in the birds of the non-feathered variety is waning. I have diverted my attention to the feathered kinds. After being at Havelock Town for 17 years, coming back to my ancestral home in Dehiwela was a big change.

The incessant chatter and twitter of birds made me buy a book on Ceylon Birds. And here I am appending my fascination for these lovely creatures of nature in the following verses.

In my driveway tall and handsome stands the tamarind tree.
For myriad of feathered friends it's a perch spacious and free.
With the first rays of young sun, the cuckoo gives its raucous call.
It's a new day! It's a new day! Get up ye one and all!
Next comes the magpie yodeling a beautiful medley of song,
Saying to all the listeners that his tune is the best of all,
With light getting brighter others make their presence felt;
Gregarious babblers, pair of bulbuls and a lonely barbet.

Black-winged kite, the only raptor can be heard - not seen.
But small-feathered friends and the tree rodents note what he means.
Tiny tailors and honey suckers are ever darting hither and thither.
On the lawn the fledgling mynahs are hopping after their mother.
With sun rising over treetops comes the Golden Oriole.

With a voice to match a crooner and beauty to beat them all.
In Union Jack colours comes the kingfisher ever nodding his head.
While the crimson coloured woodpecker seems to have just got out of bed.
Tamarind tree holds no interest for flocks of parakeets.
Green bee-eater and shy drongos in mid-air they meet.

Occasional herons and a snow-white egret can be seen flying past
Ungainly coucal is looking for snails for its morning repast.
Never seen but often heard cooing.….wood pigeons are out there,
But the once ever common house sparrow is not seen anywhere!
Rare but in small flocks the munias themselves show.
And to spoil the fun of all the tribes is the shameless crow!

Mahendra Samarasinghe


Remember the eternal truth in international relations
As a former practitioner of diplomacy for 35 years, I was delighted to read the following observation in the editorial 'India to the defence' (The Sunday Times, October 26).
It stated very clearly that the politics of India is subject to the customary swings and turnarounds as have been regular since our northerly neighbour originally sponsored the civil war in our country.

That cycle could come full circle once more. There is no reason not to be carried away on the other hand. Another way of expressing the same truth is, in the words of Palmesston, a former Foreign Minister of England - A nation has neither permanent friends nor permanent enemies. It has only permanent interests.

This is as self-evident a truth as saying that the shortest distance between two points is a straight line. Our policy makers, I mean politicians in particular, have to be constantly reminded of this eternal truth.

Stanley Jayaweera
Avadhi Lanka Activist


Increase those interest rates
It is time the authorities, particularly the Ministry of Finance, took action to increase the interest rates on fixed deposits especially those of senior citizens who are retired mercantile employees.

They do not receive a monthly pension and have to depend on the interest earned on their terminal benefits placed in fixed deposits, which is barely sufficient to meet the ever rising cost of living.

C. Lawrence
Pita Kotte


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