From the Green Corner

Quo Vadis justice in Lanka

By Viruddha Paakshikaya

Pardon me, dear readers, for the sin of us ing a cliche. But when they said, "once bitten, twice shy", they never had my friend Paakshikaya in mind.

So, last week, Paakshikaya got it wrong for a second consecutive time and I guess we might well see a hat-trick the next time he puts pen to paper.

He first said, the UNP was going to appoint someone he refers to as "Ambassador Extra-ordinary, without plenipotentiary" as our organiser for Colombo East only to find, even before some of us could read his homily, that Karu Jayasuriya had been given the honours.

Then last week, he proudly boasted his Beloved Leader was campaigning around the countryside while our Leader Ranil Wickremesinghe was packing his bags to go for fund-raising dinners in faraway places, basking in the sun and fun of Southern California with Sri Lankans who would not be voting at any Sri Lankan election.

Well, Paakshikaya was wrong footed again. While his column appeared - appropriately closer to the sports pages of The Sunday Times than the news pages - the Political Editor of the same paper said his Beloved Leader was also jetting to New York ostensibly to address the UN General Assembly, what with being Chairperson of the Beggars of the World, SAARC!

What Paakshikaya, with all his political wisdom has not yet realised is what his leader swears by are the planetary changes. She would rather listen to 'Rahu' or 'Kethu' than Ratnasiri or Kadirgamar!

The talk in his own circles is that astrologers have advised our leader to 'take off' to foreign lands during this period. It has happened before, sometime in April this year when the soothsayers predicted an unprecedented "Senasuru Maaruwa".

Ok, ok, our leader also went somewhere at that time but my point is how leaders abandon their flock at the nod of a soothsayer. Matters of state can wait, when it's time to go, it's time to go!

So, Paakshikaya, your leader will be away too and our voters will probably be given a recess, unless of course Mangala Samaraweera orders Rupavahini to re-broadcast and re-re-broadcast her "great" speeches until her return.

Just as a side remark (not a snide remark), I was thinking to myself how events turn out. Thirty nine years ago, in 1959, S.W.R.D. Bandaranaike was to leave for New York to address the UN General Assembly.

On his return he had planned to visit Oxford University where he had bitter-sweet memories as an undergraduate.

He also was to participate in a debate at the Oxford Union. I read in some newspaper article that Lakshman Kadirgamar was then the President of that august assembly.

S.W.R.D. Bandaranaike was assassinated before he left and Mr. Kadirgamar had to stand in his place at the debate, the subject of which was, if memory serves me correctly, something like "Is democracy suitable for the third world?"

Now Kadirgamar is our Foreign Minister and accompanies SWRD's daughter to New York for the UN General Assembly, and it would be interesting to note what Lakshman said then - and, looking from the outside, as he was then, we are almost sure he would have spoken in the affirmative. Now, seeing from the inside, does he agree with what he said in 1959, we wonder.

But, Paakshikaya, is democracy suitable for a third world country like Sri Lanka? Is it as relevant today as it was in 1959 in the immediate aftermath of freedom after 450 years of colonial rule.

Just take last week's incidents. The uproar that resulted in Sri Lanka's practising lawyers carrying placards outside the Temples of Justice protesting at the rough and uncouth treatment meted out to a member of the Sri Lankan Judiciary - a man appointed a High Court Judge by the hand of the President herself.

Now the Attorney General has filed action against the Judge and I have no intention of going into the merits of that case save to say this: on the face of it there are several factors that smack of vindictiveness of a high degree (I am consciously avoiding the term political vindictiveness, Paakshikaya).

This Judge acquitted a Member of Parliament from our party who was charged and prosecuted by the Attorney General after extensive and expensive investigations that took their blue-eyed boys and the boys from the CID to far away places like Brazil.

What was the outcome? This Judge held the MP was framed by the CID and that Air Force officers were coached to give evidence. This by itself was a severe indictment on both the AG and the CID.

The problem is the AG's Department, the CID and often politicians in power think that all Judges will sell their soul for a mess of pottage by way of promotions, appointments to commissions, to governorships and Ambassador posts.

That is not all. The Attorney General - the man who is the custodian of the legal rights of the ordinary citizen of Sri Lanka, uses his powers to transfer the case of another MP of our party from this Judge's Court to another.

I'm sure a fellow columnist in The Sunday Times, Mudliyar, will be more capable of dealing with this aspect but what I want to say , Paakshikaya, is, whether all this is be just co-incidence. Or, is there more in it than meets the eye?

The two MPs concerned, Rajitha Senaratne and Sarath Kongahage were one-time political allies of Paakshikaya's Beloved Leader. Now, they are sworn enemies. Hell hath no fury like a woman scorned.

The Justice Minister has appointed the IGP to report to him, on what happened about the arrest, release on bail and re-arrest of this Judge. That takes the cake! He must have heard the Sinhala idiom "Horage Ammagen pena ahanawa vage". (Asking the rogue's mother where the lost goods are). Why doesn't the Justice Minister also ask the AG for a report. That would be the icing on the cake.

Now, Paakshikaya, everybody knows there has been a purge in the Police. When one is getting ready for elections a wobbly government wants policemen of their choice who will indulge in the tricks to remain in power.

So, lucky me! One of these disgruntled men in khaki passed me a message that was received by the newly appointed IGP's Secretariat. The IGP's Secretariat received the following report:

"On August 12, at 22.10 hrs,one R. Upul of Kiriwaththuduwa, had complained to the Padukka Police, that on the 10th at 8.30 p.m. a policeman in uniform and three other persons in civilian clothes took him from his home in a car and a jeep followed with the policemen.

"The jeep entered Kahatuduwa Police and he was brought by car to a multi-storeyed building in Colombo. He was assaulted by them on the way in the car.

Subsequently in this multi-storeyed building he was assaulted again and compelled to make a statement.

"The following day he was taken to Kahatuduwa Police at about 8.30 p.m. and released to the father. In consequence of his making a complaint, he was issued a GHT (General Hospital Ticket) to be examined by a JMO".

Now, Paakshikaya, you will recall that all this started when an Army Sergeant lodged a complaint in the same Kahatuduwa Police alleging that he was assaulted by the son and servant of Judge Tillekeratne. The son of the injured had said one Sena and a person by the name of Upul assaulted his father.

What more needs to be said? Here's confirmation - by the Police - of what happened.

Then, with clock work precision comes the transfer of the next politically sensitive case - that of Sarath Kongahage - to another Court.

This, Paakshikaya, is justice in Sri Lanka. During the infamous days of Felix Dias Bandaranaike, he was asked in Parliament, "Quo Vadis. O Satan?" Today's Justice Minister's silence is deafening.

The man who speaks of anything and everything under the sun is dumb on these crucial issues coming under him except to say, "I have asked for a report from the IGP". When prisoners escaped from the Kalutara Jail, he asked for a report.

When Parliament appointed a Select Committee on his "package" he cries that the UNP didn't give him a report. I would name him the "Reporter" in the PA Cabinet - not poor Mahinda Rajapakse!

So, Paakshikaya, is democracy relevant to Third World Nations? Compare all this with what is going on in the United States of America. While the sordid details of the President of the United States of America's private (now public) sex life is at the core of the crisis, the issues that really matter are not whether Bill cheated on Hillary but whether he lied, whether he obstructed justice, whether he tampered with witnesses, whether he misled the American public and whether he now has the moral authority to be the President of the most powerful nation in the world?

So, Paakshikaya, now that both our leaders will be in America around the same time, let us hope they soak in not only the sun and fun of California or the night life of New York but also the transparency of Washington and how the Senate Judiciary Committee is inquiring into the findings of an Independent Counsel appointed by the Attorney General of the United States, who by the way, is appointed by the US President!

There will be Utopian dreams for the people of Sri Lanka who regularly pat themselves on the back saying what a wonderful democracy we are!

Now, Paakshikaya, please don't run away with the idea that this is a kind of "Americanisation" of the UNP. I, for myself, do not agree with that kind of philosophy. I do agree that putting our leader in a bus and parading him in the Southern Province in 1994 was an exercise in futility . Nor do I think that those graphs slide shows and canvassing of foreign ambassadors will get us the votes.

But surely, the people of Sri Lanka can aspire to those heights of democracy. Maybe the President or the Justice Minister or the Attorney General of a third world country may not want that kind of democracy. But why shouldn't the people clamour for those ideals?

Otherwise we will go down the road of a "little bit of totalitarianism", a little bit of a Banana Republic and maybe, with the Grace of God a little bit of democracy.

Last week, Paakshikaya tried, on the one hand, to compliment me for my shocking expose on Access and how they set about getting a Ministry of Defence tender.On the other hand, perhaps to avoid his utter embarrassment and save his party's faltering fortunes he tried to tell me that Access began life in the pre-PA (UNP) era.

So, Paakshikaya, let us not get into another "you did it too" argument which we are sick of hearing.

I have now been informed that your government has at last opened its eyes and ap pointed a Committee comprising three retired Service Chiefs to probe recent procurement procedures and they have come up with some startling facts about Access.

But of course, I have my doubts as to whether your President - as I said, for all her big talk about Komis Kaakkas has the political will or the guts on the eve of a Presidential election (which

The Sunday Times said last week has been scheduled for March 3, 1999) to carry such an investigation to its logical end. I suspect these are mere cosmetic operations to cover the wrinkles in the now sagging and pockmarked, ageing PA face.

With that, Paakshikaya, I shall sign off. As your Beloved Leader takes wing to address the assemblies of the World, to dine if not wine with Kings, Presidents, Prime Ministers - the High and Mighty of this world - let me quote from the ancient sages of our Beloved Land, which has found a place in the Supreme Law of the Land, the Constitution:

"Devo Vassathukaleno
Sassasampattihotu ca
Phito bhavatu lokoca
Vaja bhavatu dhammiko"

(May the Rains come on time,..... and may the Rulers rule Justly....)

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