The Political Column

16th August 1998

Ms. B back at cabinet meeting

By our Political Correspondent

Ms. Bandaranaike: I am the premier

Postponing elections is not a new phenomenon in Sri Lanka. It has happened before under various leaders in the guise of protecting national interests. In 1972 after the promulgation of the new republican constitution the then United Front government extended its term by two years using the new Constitution as an excuse.

Once again in 1982, the then UNP regime resorted to a highly questionable method when it decided to extend the life of parliament by means of a referendum.

In that sense postponing elections is not new in Sri Lanka and the latest decision taken by the government to put off elections for the provincial councils could be described as one such instance.

The UNP is looking at it as a violation of the basic democratic rights of the people. It asks whether the government has a valid reason to extend the emergency islandwide and postpone the elections.

It is now obvious that the declaration of the islandwide emergency was for the sole propose of putting off elections.

Some analysts argue that provincial councils were eventually created to solve the problems in the North and the East and if that goal is not achieved what is the purpose of holding provincial elections.

Others say whatever purpose the PCs were created for, they now embrace the whole country and the holding of elections is a constitutional process. The postponement of the elections was ordered under the Public Security Ordinance as provided for in Article 154(J) 2 of the Constitution. It states:

"(2) A Proclamation under the Public Security Ordinance or the law for the time being relating to public security, shall be conclusive for all purposes and shall not be questioned in any Court, and no Court or Tribunal shall inquire into, or pronounce on, or in any manner call in question, such Proclamation, the grounds for the making thereof, or the existence of those grounds or any direction given under this Article."

On the other hand the Chapter on Franchise doesn't make any mention about the Provincial Council elections. It only deals with the Presidential Elections, General Elections and the Referendum.

The fact that the elections for the Provincial Councils are not governed by the Constitution also makes it possible for the government to put off elections without much of a problem.

The main opposition UNP in the meantime is planning to challenge this matter in court, but it appears that it would be a moral problem for the government than a legal problem.

UNP's petition challenging the postponement of elections is likely to be filed by former Chief Minister for Uva, Percy Samaraweera.

The decision was taken on Monday at an Emergency meeting of the Party's Apex body, the Working Committee, held at the party headquarters.

The UNP at a working committee meeting this week decided to summon a meeting of the All Island Executive Committee to launch an all out campaign against the postponement of elections.

UNP leader Ranil Wickremesinghe slammed the postponement as a blatant violation of the people's right.

He warned that the postponement of PC elections might be a prelude to the postponement of more important elections such as the Parliamentary and the Presidential elections.

Mr. Wickremesinghe told the Working Committee that they should go all out to stop this dangerous trend. The Working Committee agreed.

The UNP appointed three committees to bring the support of the clergy for the campaign against the postponement of the elections.

A Committee comprising W.J.M. Lokubandara, Karu Jayasuriya and Nimal Bandara will meet Buddhist prelates while John Amaratunga, Festus Perera, Joseph Michael Perera, Tyronne Fernando and Harold Herat will meet the Christian clergy.

R.M. Pulendran, Putrasigamany and D. M. Swaminathan will meet the Hindu clergy for the same purpose. Former Speaker, M. H. Mohamed had reportedly said he felt it was not necessary to appoint a committee to meet the Muslim clergy since he was already doing so.

A notable absentee at this meeting was A.C.S. Hameed. But surprisingly the controversial Wijeyapala Mendis was at the meeting. Mr. Mendis was suspended from the party after a year-long dispute after a Presidential Commission found him guilty of abuse of power. Mr. Mendis challenged this suspension from the party and a Colombo court has granted a stay order - his suspension is suspended till the court takes a final decision.

Though he did not play a prominent role at the meeting, Mr. Mendis' presence perturbed some UNP stalwarts who in low voices asked each other how and why he had come. But nobody, not even the leaders, raised any objection, perhaps based on legal advice.

It was later revealed that though Mr. Mendis was not invited, he was informed of the Emergency Working Committee meeting to be held on Monday.

On Tuesday morning, barely 24 hours after the UNP's decision to hold a mass rally in Colombo on Friday a squad of CID officers raided the UNP's Trade Union Headquarters (JSS) of Kotte in search of obscene leaflets defamatory of Minister Mangala Samaraweera.

The officers who arrived around 9.00 a.m. presented search warrants issued by a Magistrate. But before they left the CID office, an insider called UNP General Secretary, Gamini Atukorale, on his cellular phone and warned him of the impending raid.

Mr. Atukorale who also was at a meeting with tea traders immediately alerted his officials at the J.S.S. Headquarters and told them to get advice from former Attorney General Tilak Marapana who is now a member of the UNP Working Committee.

Mr. Marapana was not available then, but a team of lawyers arrived at the J.S.S. Headquarters to watch what was going on.

The detectives questioned nearly 30 employees of the J.S.S and arrested three. These three were then taken to their houses for a further search and then taken to the CID for questioning.

Meanwhile, Mr. Atukorale had telephoned party leader Mr. Wickremesinghe to inform him of the raid. They later met Mr. Wickremesinghe at Cambridge Terrace office to direct operations.

Mr. Atukorale telephoned Gamini Jayawickrama Perera and told him to assist the arrested employees if they had any problems.

Meanwhile, a team of lawyers headed by Mr. Marapana met at the UNP Headquarters. They learnt that the suspects would be produced before a magistrate the following day.

Many lawyers including Mr. Marapana spent almost the whole night at Sirikotha monitoring the situation, but by Wednesday the JSS employees were released on bail since the CID apparently could not find anything substantial at the J.S.S. Headquarters.

Thus the whole episode ended without much excitement.

At the weekly meeting of the Ministers, a notable feature was the re-appearance of Prime Minister Sirima Bandaranaike.

Ms. Bandaranaike has not attended Parliament for some time. Her presence at the Cabinet meeting came amidst reports of heavy lobbying by certain interested parties to make Anuruddha Ratwatte the Prime Minister.

Most of the Ministers walked up to the Prime Minister to exchange a word or two. The Cabinet approved a paper presented by the President to give a 67 perch land at Bambalapitiya by the side of Galle Road to a foreign company on a 99-year lease.

The paper listed as urgent, said the purpose was to set up a sports complex. Since the President was not at the meeting, some ministers asked for time. But because of the urgent provision, all agreed.

Soon after the Cabinet meeting ended, Minister G.L. Peiris went up to Minister Mangala Samaraweera to make a complaint about the ITN.

Mr. Peiris said a recent ITN programme targeted him unnecessarily and wanted to know why. He said he regretted that a media institution belonging to the government stooped to such levels when even the independent media was supporting his endeavours.

"If it happened in any other newspaper or private media organization I wouldn't have minded it," he said.

Mr. Samaraweera said he was not aware of the issue and promised to look into it.

When the Ministers were walking out of the Cabinet room, the President walked in.

She excused herself saying she was suffering from a severe cold.

At this point Dr. Peiris told the President of his grievance against the ITN.

She ordered an inquiry.

On Thursday when the journalist responsible for the programme spoke to Minister Samaraweera at the post-Cabinet media briefing about his position, the minister told him that he would be compelled to send him on compulsory leave.

Mr. Samaraweera subsequently moved to cancel the weekly meeting of the government media heads since he found that most of the things discussed there had been leaked out.

Another important event of the week was the meeting that President Kumaratunga had with all 14 Mayors. It was the first time all Mayors had met the President to discuss various practical and fundamental problems.

It was Negombo Mayor Ananda Moonesinghe who had taken the initiative to arrange the meeting with the President when the Mayors met recently.

Accordingly, on Thursday all the Mayors gathered at the Mayor's residence in Colombo for the 4 o'clock appointment of the President at Temple Trees.

When they went there, the President was still at a meeting with other officials but by 4.10 p.m. she finished her meeting, but the Mayors were told by an official that the President was yet to take her late lunch.

The Mayors agreed the President should have her lunch first but it took at least one hour more for the President to come back.

As she walked in, the President shook hands with Colombo Mayor Karu Jayasuriya but apparently forgot to greet others.

They discussed various issues, starting with the provision of more security to the Mayors of war-torn areas of Jaffna and Batticaloa.

The President immediately rang up police chief W. B. Rajaguru and arranged for the two Mayors to meet him the next day along with Local Government Minister Alavi Moulana.

Though Minister Moulana knew that it was wrong protocol, he agreed with the President.

When the Mayors discussed unauthorized structures and measures to prevent it, several Mayors suggested that they be issued with firearms as protection against underworld elements but the President turned down the request.

She told Colombo Mayor Karu Jayasuriya that she agreed with his proposal to privatize the collection of garbage in the city.

"Though the UNP had opposed our privatization projects, I won't do that. I am with you," she told the Mayor welcoming his idea.

The President told the Jaffna and Batticaloa mayors more funds would be allocated to them and more security would be provided to carry out their duties.

This meeting was requested by the newly formed Mayors Chapter of Sri Lanka, comprising all 14 mayors. The 14 municipalities are - Colombo, Negombo, Moratuwa, Kotte, Batticaloa, Jaffna, Ratnapura, Badulla, Matale, Nuwara-Eliya, Kandy, Kurunegala, Galle and Dehiwela-Mount Lavinia.

In another development the members of the Parliamentary Committee on Public Enterprises questioned the officials of the People's Bank regarding the bank's viability, loan disbursement and recovery.

Ravi Karunanayake had asked why they gave loans to judicial officers and parliamentarians at such lower rates of 7 1/2 and 12 1/2 % after borrrowing from the public at 13-14%.

Dilan Perera asked what was done for poor farmers.

Mr. Karunanayake also asked why Yasodha Enterprises was given Rs. 6 billion without collateral from 1994 to 96 when there was Rs. 2.46 million outstanding from it at the end of 94.

The People's Bank Chairman Gamini Fernando said it was the duty of the bank to help when businesses faced problems. If they don't help then they would get into serious problems and the bank would find it more difficult to shoulder its loans.

Though he was not quite sure about the amount disbursed the Chairman pointed out the importance of sustaining a business to recover the monies.

Raising a question about defaulters Mr. Karunanayake pointed out that the Bank had disclosed details regarding defaulters to the media but not to the Parliamentary Committee.

At that stage UNP MP, M.H.M. Azwer asked whether that bank had disclosed details about defaulters to the Lakbima.

However the government MPs objected on the ground that they were only examining the accounts on the report submitted by the Auditor General.

Newspaper reports are not relevant here said SLMP MP, M.M. Zahair who was supported by Dilan Perera.

Finally the matter was referred to the Chairman of COPE for a ruling. Acting Chairman Anura Yapa said that the committee should confine itself to the report submitted by the Auditor General and all other reports were not within the purview of COPE.

With this Mr. Azwer lost his cool and went to the extent of challenging the COPE Chairman.

However the matter was resolved amicably and the People's Bank Chairman was directed to prepare a report on all relevant matters within one month and submit it to COPE.

In another major development President Kumaratunga has requested Media Minister Mangala Samaraweera to take action against the TNL for repeatedly broadcasting a reportedly false story regarding a purported plot by the LTTE to kill her daughter. The letter dated Julyn 20 was read out at last week's post-cabinet media briefing by Minister Samaraweera. he also wrote to TNL Chairman Shan Wickremesinghe. His letter states:

"Your attention is drawn to the news telecast of 29 June, concerning Ms. Yasodhara Kumarathunga, daughter of Her Excellency the President, Madam Chandrika Bandaranaike Kumaratunga. There is no truth whatsoever in the news broadcast by you that a motor cycle rider was on a reconnaissance mission with the motive of causing harm to her.

There had been no such incident and the defence authorities have denied any such incident. It appears that the news item has not been verified for its truthfulness. It is unfortunate that you have allowed this incorrect reports to be telecast portraying the picture of Ms. Yasodhara Kumaratunga throughout the specific news broadcast. There is a strong possibility that such a broadcast was made by your station with the deliberate intent of causing mischief.

"May I ask you earnestly to effect a correction of the particular news item immediately and perhaps let me know as to how this false news came to be broadcast by your station".

Mr. Wickremesinghe has regretted any lapse on TNL's part and apologised to the President.

The text of Mr. Wickremesinghe letter is as follows:

Firstly Sir, we acknowledge with gratitude the opportunity afforded us to explain our position on a matter of such importance.

"On the 29th instant TNL was informed by unofficial though reliable police sources that a Tamil youth was arrested by the Kollupitiya Police on Monday the 28th of June while rehearsing what was described as an attempt to assassinate Miss Yasodhara Kumaratunga, the daughter of Her Excellency President Chandrika Bandaranaike Kumaratunga. This story was checked, double checked and confirmed from various sections of the security establishment before the telecast referred to in your letter. Despite taking every conceivable precaution we learnt this morning to our great consternation that at least part of the story was untrue. We were informed by ASP Cecil Perera of the Kollupitiya Police that two young men had indeed been arrested for suspicious behaviour in the vicinity of Miss Yasodhara Kumaratunga's vehicle but that subsequent investigation had yielded no evidence to link them to the LTTE or any possible assassination attempt. TNL intends to rectify this error by telecasting a correction on our Sinhala and English news bulletins today, the 30th of June 1998 giving to it the same prominence received by the original story. A copy of the said correction is attached hereto.

"We deeply regret any lapse on our part and sincerely apologize for the misleading information which was relayed however inadvertently on our channel. Please convey our personal apologies to Miss Yasodhara Kumaratunga and her family for any apprehension or inconvenience that may have resulted from our newscast.

"As a remedial measure sir, may we suggest that to prevent future mishaps of this nature you recommend to us key officials within the security establishment to whom we may turn for official confirmation in the event of any incident which could give rise to such damaging speculation.

Commenting on the President's letter to Minister Samaraweera, Opposition Leader Ranil Wickremesinghe told this column that this raises a grave question regarding the prudence of the President and some of her ministers.

"It appears that the PA is more concerned about the UNP rally to protest against the postponement of PC elections more than anything else.

The biggest valid question is why Minister Samaraweea delayed the disclosure of the letter which was dated July 20. In fact the President had directed him to read the letter in toto at the Cabinet media briefing on July 23. But Minister Samaraweera did not give adequate reasons as to why he did not read the letter on that date.

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