Lessons
in political and judicial integrity
For those who believe in righteousness in political behaviour and
judicial integrity and impartiality it was a great week here in
England. A high profile minister and a close confidant of prime
minister Tony Blair threw himself on the sword and resigned after
his political conduct in misusing his influence was called into
question after the media made it public.
His
kamikaze act was sandwiched between two crucial judicial decisions
that showed the helpless and the voiceless could still expect justice.
These two decisions come at a time when elsewhere in the world there
is growing scepticism that judicial impartiality and fair trials
are compromised by corrupt, morally contaminated, self-seeking and
politically-motivated judges.
No
doubt there would be many who would sympathise with David Blunkett
who rose in political life despite his great physical handicap-
being blind at birth. He overcame all that to become Home Secretary
at an important and critical time in the country's history when
the post-9/11 war on Iraq brought Britain into the conflict and
the threat of terrorist attacks here heightened concerns over national
security.
Still,
in public life one needs to present an acceptable and morally and
politically untainted persona. That David Blunkett failed to do.
Yet what he was accused of was not a heinous crime. If it were so
and such standards applied to our own public life and public personalities
how many of Sri Lanka's politicians, past and present, and others
holding office in various capacities, would be left without a mark
of them?
What
did Blunkett do to cause his resignation? It appears that when a
visa application for indefinite leave to remain in the UK made by
the Filipino nanny of his one-time clandestine lover was turned
down, he as minister had helped fast-track the granting of the visa.
If
that is political impropriety and is unacceptable conduct that led
to the fall of a minister, one wonders how many in Sri Lanka holding
public office could actually say, hand on heart, that they have
never ever committed an act of impropriety?
The
fact that David Blunkett's secret affair ended and that he is claiming
custody of a son and a putative child, are not the issues of serious
concern. It is whatever influence he used as minister to fast-track
that particular application that put his political life on the line.
That
is not all. A one-time public official Sir Alan Budd was appointed
to inquire into the allegation. Though Sir Alan's report was not
out at the time David Blunkett resigned, it appears it had been
intimated to the then Home Secretary that the report would not give
him a clean bill of health.
Two
issues are important here. One is that an impartial report that
would compromise a major political figure, however tangential the
charges maybe, could be expected from a senior public official.
The other is that the Home Secretary was ready to throw in the towel,
with a certain amount of grace perhaps, before the report became
public and even to confess that love brought him down.
Would
it not be fair to wonder whether such behaviour could be expected
from those who hold high office in our country? It might be argued,
of course, that our ministers, politicians and judges could not
commit any acts of impropriety and that is why none has seen any
reason to abandon his lucrative vocation.
But
supposing, just supposing, that some of them did engage in conduct
unbecoming of their public position. Just supposing that dalliance
with a woman in a ministerial office or a parked car, or even a
secret love affair as the one that Blunkett was involved in, was
reported by the media and became the subject of public speculation.
Would
we have then heard confessions of mea culpa and the guilty individual
fading into the silence of the night? Would we even have had an
inquiry, never mind an unbiased report. Yes, of course, we would
have. But not in Sri Lanka. In our blessed land even if people were
to be dragged through the thickest mud, they would still be clinging
to political or public office when they emerge at the other end.
In
the process of being dragged through grime and slime, they would
collect dirt to throw at their accusers rather than throw in the
towel in those moments of greatest disgrace.
Stories
of corruption, bribery, misuse and abuse of power abound in our
blessed land. Brief-cases full of money need to change hands before
what would normally be a legitimate deal is done, people say.
Are
such stories true? Of course not. This country is full of honest,
caring, sharing people who would not sully their reputations with
any wrong doing, who would never commit moral turpitude because
that would be contrary to their saintly character.
How
many in public office over there must be laughing at David Blunkett
for having resigned for what would be a daily and minor infraction
under our code of conduct. How many of them must be laughing at
countries that set such high standards of public conduct.
When
political hides are thicker than that of a rhinoceros who in their
right minds would sacrifice mammon for morality? If conduct worthy
of the highest standards was observed by Blunkett's resignation
the judiciary here was equal to the task.
Two
landmark judgments by the High Court and the Law Lords have strengthened
democracy and human rights and delivered the government a hammer
blow.
On
Tuesday the High Court ruled that British troops serving abroad
are bound by the Human Rights Act and such troops could be put on
trial for human rights abuses against persons in their detention
anywhere in the world.
On
Thursday the Law Lords, the country's highest court ruled, 8-1 that
foreigners held here on suspicion of terrorism cannot be detained
indefinitely without trial as this violated their human rights.
At
least 11 persons are still in detention, held in such high security
prisons as Belmarsh that has often been referred to as Britain's
Guantanamo. Ironically it was David Blunkett who introduced the
more draconian of the anti-terrorism laws.
Not
only has Blunkett gone, the laws that he employed to hold foreigners
without charge have been declared perverse. Justice triumphed over
political necessity and draconian laws because honest, impartial
judges were ready to stand by the three centuries old tradition
of a right to a fair trial and the recent rights of individuals
over claims of national security.
These
are vital lessons for all of us. But how many will want to learn
them? Is it not wiser to adopt the attitude of the three monkeys?
After all politics is business, both politicians as well as their
cronies in the arms trade and other ventures.
Justice,
it has been claimed, is not only dispensed but sometimes dispensed
with. To see it happening in Mugabe's Zimbabwe or one of the former
Soviet republics would come as no surprise. But when it happens
in so-called democracies that supposedly value the rule of law,
how is the public expected to comprehend justice?
It
is even worse when justice is upended. It brings to mind Pascal's
words in Pensees, "Even the most equitable of men is not permitted
to be a judge in his own cause." |