Why is
the President immune to the law of the land?
The constitution of a country defines the fundamental
rights of the people. The people are sovereign. The Members of Parliament
are elected by the people. Therefore, Parliament represents the
people.
Within Parliament there is a government whose
duty is to frame laws to protect the citizen from suffering, fear
and loss of property. The laws so framed are Acts of Parliament.
Every citizen, whatever position he holds, should
be equal before the law. This is not so now in Sri Lanka because
the fundamental rights of the citizen are denied.
Section 12 of the Constitution of Sri Lanka says,
"All persons are equal before the law and are entitled to equal
protection of the law.” However, Section 35 of the Constitution
states “while any person holds the office as president, no
proceedings shall be instituted or continued against him in any
court or tribunal in respect of anything done or omitted to be done
by him either in his official or private capacity”.
By the provisions in Section 35 the people (sovereign)
are denied equal rights before the law.
The people are sovereign, therefore the government
elected by the people has no right to deny the people of their fundamental
rights.
Section 42 of the said Constitution states: “The
President shall be responsible to parliament for the due exercise,
performance and discharge of his powers, duties and functions under
the constitution and any written law, including the law for the
time being relative to public security.”
As the President is responsible to Parliament,
which represents the sovereign, the President should not be immune
to the law of the land. The government should delete Section 35
of the Constitution. The President should be subject to the law
of the land because it is the law that made him President. The fundamental
rights of the people override the legislative powers of the state.
An individual should have the right to enforce rights against the
President through the courts. The President should not be subject
to the citizen but subject to the law.
G.W.A. Perera
Ekala
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A deadly game of chess
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A Lebanese woman inspects the destruction
caused by Israeli attacks in the southern suburbs of Beirut.
AFP |
Reading and watching
Violence and hatred
Polluting the atmosphere -
Watching a child cry in terror –
As she flees the fighting –
Where even private family cars –
Are regarded legitimate targets –
Watching those with no basements to hide -
Run shrieking along streets
Polluted with black smoke
Anxious to escape the falling debris
Of once proud high–rises reaching for the sky.
‘Blow up my city and I will blow up yours.’
Is it the motto of today?
But why is it that only civilians run
For their lives?
Is this a game of chess
Where pawns are moved here and there
On a black and white chess board?
Power politics played
By world leaders –
Moving pawns to save kings and queens
Safe upon their thrones –
Moving the pawns –
Two soldiers
In exchange for ten pawns?
Who will win this new game of chess?
‘Blow up my city and I will blow up yours?
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A wounded Israeli citizen being taken to hospital.
AFP |
Punyakante Wijenaike
Colombo 7
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Words, worth more than gold
I am in the habit of preserving bits of writing
that are significant. I came across one such piece recently. It
had been attached to a gift I had received from a group of students
whom I had taught at the University of Kelaniya. It went as follows:
Dearest Teacher,
During the past short time, we were very much attached to each other,
and that is everlasting.
Your Kindness,
Pure Love and Guidance,
Are in our hearts
For Ever.
I was so moved when I read it that tears came to my eyes.
This was from a group of students and its compilation speaks volumes
about the sincerity, goodwill and gratitude in their hearts. This
is why I had preserved the note.
And to this date it is more valuable to me than a piece of gold.
Mrs. G.H. De Livera
Dehiwela
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You will rise from your watery grave
Mighty,
majestic and beautiful falls,
The cynosure of all eyes,
for you, I am shedding tears,
sacrificed you are, for personal gains,
throwing aside public opinions,
you are being ‘dam’ned
soon, under the water, you will be submerged
you will be lost, forever, dear St. Clair falls
Nature’s gift bequeathed on mankind,
Is being destroyed by the warped mind.
Oh, my sweet damsel!!
Since childhood I have watched you
Roaring, yet gently rolling by..
Throwing up the mist to the blue sky
What a lot of fun we had together
Fishing, swimming, picnicking!
I know one day you will rise up
From your watery grave
Surge ahead, with all your pent-up
fury
Destroying everything in your way
Making chain reactions, to everyone’s dismay
Will come one day,
for the second ‘tsunami’ to be on its way,
You humans,
For your avariciousness
Dearly going to pay !!!
N. Muthukumar
Kotagala
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Bigger the corruption, better the prospects
We the general public cannot understand why corrupt
officials, people in public life and so on within the government
are given more avenues for corruption, and promoted. We feel it
could be due to one of the following:
1. The government does not want to accept these
people as corrupt unless proven beyond reasonable doubt after a
lengthy procrastination of justice.
2. The government does not have more suitable
people to take over the positions of the corrupt.
3. The bosses have also enjoyed the fruits of
the corrupt officials in their election campaigns, hence it is difficult
to get them off the scene.
4.The bosses are scared they themselves will be
exposed.
A retired staffer
Kelaniya
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Give ear to the old and the sick
I have suffered the loudspeaker menace sometimes
in silence and sometimes not. Once during Vesak, I complained about
a loudspeaker to the H.Q.I. and the response I got was, “This
is only once a year”. I got the same response from a priest,
when I complained about the noise from loudspeakers on several lamp
posts away from the church. Don’t they realize that some people
cannot bear loud noise even for five minutes?
Lord Buddha preached about maithri – then
why do these Buddhist temples have the loudspeakers on right throughout
the night, oblivious to the fact that there are old and sick people,
who suffer without sleep. This doesn’t only occur in temples.
Sometimes even when there is a pirith ceremony at a home or a shop,
loudspeakers are fixed on several lampposts in the vicinity to relay
the pirith. Is this maithri?
Jesus said, ‘Love thy neighbour’.
Then why do priests have loudspeakers during services and church
feasts? Even during processions the volume of the hymns and prayers
is so loud that we are filled with irritation and not piety. Is
not there anyone sensible enough or bold enough to control the volume?
Did Allah preach to his followers to bombard the
eardrums of the people who live close to the mosques with loud speakers
several times a day? I hope not.
Let us hope that more people come out with their
views, so that the people in power are obliged to enact a law before
some of us lose our hearing.
M. Pieris
Kalutara
'Letters
to the Editor' should be brief and to the point.
Address them to:
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The Sunday Times,
P.O.Box 1136, Colombo, Sri Lanka.
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