There Can be No Bending Of
The Laws Of The Land To Accommodate The Criminal Element!
Given the dramatic events lately at the highest level of the political
and administrative functioning of the Sri Lankan infrastructure today
such as the indictment of high profile politicians for high crimes and
misdemeanors, the breakdown in communications within the Legislature
which spills into a general breakdown of law and order within the Nation
seems embarrassingly evident! Even the hand grenade detonation at a
public gathering of over 10,000 people within the Capital Colombo with
tragic reprisals, makes one wonders whether the Nation has reached a
point of no return with impending chaos, and possibly anarchy and revolution
if current trends continue?
To add to Sri Lanka's woes the continued stand off by the oppressive
LTTE, Sri Lanka's high priority dilemma of the past several decades
still unresolved and at large, who in quest of secession despite feigned
attempts at Peace have all but compounded Sri Lanka's progress into
the future where the existence of the legitimate Administration is being
threatened by a mock administration being conducted with impunity in
the North and East of Sri Lanka, ridiculing the democratic institution
which is supposed to exist within Sovereign Sri Lanka yet contradicted
and denied proper definition courtesy of the LTTE and beyond a doubt
needing to be dismantled and eliminated in the eyes of the Sinhala Nation
and all its other ethnicities to whom freedom means being free without
compromise!.
As a prominent former Chief justice has recently observed in all wisdom
with a somewhat satirical ring to it" The country is under two
dictatorships - one in the North and the other in the South (no matter
who's in power)" and tends to frustrate the hopes of a return to
normalcy with a remarkable consistency.
It has to be logically and rationally concluded that many Administrations
of the past several decades have paid little attention to the principle
of the 'Sovereignity of the People' enshrined not only in the present
Constitution but also in the previous, going back to Independence, making
the definition of Sovereignty perhaps a figure of speech. In the simplest
of terms it has to be acknowledged that Sovereignty of the People contrary
to the belief of impure revolutionary thought based upon terrorist ideology
is inalienable.
Sadly, nothing seems to be inspiring the Administration towards it being
upheld forthwith and maintained for posterity in almost abject apathy
or some unmitigated and circumspect fear of some reprisal devised as
detrimental to the Nation, it has to be assumed!. This gives rise to
the speculation that an Administration which cannot enforce the laws
of the land implicitly and lets the opposition run amok in dictating
terms to them even verbally seems to be lacking either in motivation
or the iron will to rule or both as has been the case of the strange,
post sentencing shenanigans of the S.B.Dissanayake case where the leader
of the opposition and former Prime Minister Ranil Wickremasinghe together
with a few of his past cabinet allies such as the Prof G.L Peiris ,
Ravi Karunaratne and Rajitha Senaratne continue to bait and barnstorm
the Administration with their high flown rhetoric, their obtuse interpretation
of the law as well as their partisan support for the imprisoned subject
under discussion who despite his incarceration has also resorted to
uttering ultimatums and veiled threats even while he is behind bars!
There are many legitimate questions being asked by many discerning public
and private figures with respect to the responses of the Wickremasinghe
brigade about how a jailed convict could ever return to Parliament as
demanded by his opposition Parliamentary buddies where there is no right
of appeal or any legitimate accord towards restitution relative to the
nature of the sentencing by the nation's highest court which suggests
to the contrary? As the observation has been made somewhat astutely,
does the law not have to apply equally to everybody? In this country
and is it the politician who is sovereign and not the people, despite
claims to the contrary?
Consequently would it not be fair to conclude as do the many who base
their reasoning on the prevailing conditions within the Nation that
much of the criminal justice system seems flawed perhaps with some exceptions
and steeped in corruption at many levels with due respect to the exceptions
of those who act with integrity such as the murdered High Court Judge!!.
If there is corruption at the helm there can be no criminal justice
at any level consequently and it needs to be shackled and put down in
the best interests of the Nation and its credibility.
Drawing attention once more to the murder recently of the respected
High Court Judge gunned down in cold blood together with his bodyguard,
this corruption appears to be suddenly very evident, endemic and points
towards a conspiracy involving Police Top Brass linked to the mob where
the investigations continue. While the alleged perpetrators of the heinous
crime are being 'chess gamed' with, as pawns by the powerful sources
which comprise certain areas of Sri Lankan Law Enforcement, witnesses
are frightened to give evidence lest they might also be murdered. Even
the local hangman has sought protection and asked for heightened security
in this respect as his vulnerabilities are no exception to the rule
in parallel perspective.
To attest to the inference that there is a breakdown of law and order
in Sri Lanka there are allegations that Judges are surreptitiously and
sometimes even openly intimidated so that they will fix the outcome
favourable to the criminal element whether part of a corrupt administrative
instigation or fear of the underworld. Lawyers apparently have the clout
and wherewithal to manipulate the outcome of the judgment in favor of
the accused as a single area by example of the level of corruption cited
and then there are many others! So what has Sri Lanka to hope for in
the future and where is the Nation headed?
Could it be impending anarchy and a plummeting of Sri Lanka towards
Fourth World Status when one of her neighboring Nations Singapore which
Sri Lanka was expected to have far surpassed economically and through
international recognition by leaps and bounds decades ago appears conversely
headed for First World Status.
There can be no bending of the laws of the land to accommodate the criminal
element regardless of their status , influence or past glory and those
in support of the criminalities perpetrated by such must be made aware
that their posturing and attitudes of high handed shuffling towards
their own means will be interpreted as part of the same criminalities
of the indicted criminals and subjected eventually to the same incarcerations
along with some of their past liabilities which have conveniently gone
unnoticed in the case of some but continue to loom large as life to
those who remember!
While some of the recent judgments of the Supreme Court may seem like
payback time for past sins it certainly has to be interpreted also as
an implementation of the Laws of the Land in bringing to book those
liable for high crimes and misdemeanors and in this respect there can
be no exceptions!