Insight By Sunil Kumar 16th March 2010

There appears to be curious similarities between a combined Police ~ Military Coup d’ EtatƒÆ’-¡ƒ”š‚  in the mid 1960sƒÆ’-¡ƒ”š‚ and Fmr. General Sarath Fonseka’s currentƒÆ’-¡ƒ”š‚ incarceration by the Sri Lankan Authorities as the charges in both cases appear to be a misinterpretation of assigned power and the arrogant beleif that the power vested in them whether previously or subsequently relative to term of office ƒÆ’-¡ƒ”š‚ gave them carte blanche to go against the Legal Justice System on the instigation of opposition politicians eager to topple the incumbent Administration and in both cases the end result is bound to be very similar also.
ƒÆ’-¡ƒ”š‚ 
Sri Lanka’s former military chief and defeated presidential candidate retd.ƒÆ’-¡ƒ”š‚ General Sarath Fonseka appeared before the first of the two scheduled court martial proceedings held today at the Navy headquarters in Colombo amidst protests by some factions of instigative political opponentsƒÆ’-¡ƒ”š‚  of the Rajapaksha regime who some seemed to think was a large number of protesterƒÆ’-¡ƒ”š‚  by way of ƒÆ’-¡ƒ”š‚ head count but in the overall picture of things, miniscule relative to the vast number of Sri Lankans who believe that the actions taken by theƒÆ’-¡ƒ”š‚ law against the General were within legal statutes and hence justified.ƒÆ’-¡ƒ”š‚ 

It is pitifully transparent in Sri Lanka that there are two political factions involved in the Fonseka scenario~ one which has legitimately moved to bring to task aƒÆ’-¡ƒ”š‚ way out of lineƒÆ’-¡ƒ”š‚ Fmr. General who beleived he was beyond the arm of the law by virtue of his track record with the Army( one which seems to be revealing certain cracks and indiscretions today conrtrary to the knight in shining armour some thought he was). Misguideed bravado perhapsƒÆ’-¡ƒ”š‚  whichƒÆ’-¡ƒ”š‚ spurred on hisƒÆ’-¡ƒ”š‚ foolishƒÆ’-¡ƒ”š‚ reparteeƒÆ’-¡ƒ”š‚ judging by theƒÆ’-¡ƒ”š‚ the tone of his rhetoric against the President and his Administrators which is a no no in any situation!ƒÆ’-¡ƒ”š‚ unless the controllong power was within his grasp whichƒÆ’-¡ƒ”š‚ foreseablyƒÆ’-¡ƒ”š‚  and quite obviously was not!

ƒÆ’-¡ƒ”š‚ As the the first court martial for the General’s alleged involvement in political activities while in active service commenced today at 9:30 this morning there still appeared to be misguided defiance in the tone of Fonseka’s voice which prompted him to call the President “a rogue, someone who cheated at the polls” and even compared him to the worthless and now deceased Ugandan despot dictator Idi AminƒÆ’-¡ƒ”š‚ little realising thatƒÆ’-¡ƒ”š‚ theƒÆ’-¡ƒ”š‚ comparison may have been more appropriate,ƒÆ’-¡ƒ”š‚ indicative and perhapsƒÆ’-¡ƒ”š‚ befitting Sarath Fonseka himself as there are many analysts who beleive he could easily have tirned out to be aƒÆ’-¡ƒ”š‚ ruthless dictatorƒÆ’-¡ƒ”š‚ in the same vein as Amin had he by some unforeseeable circumstance gained control of power in Sri Lanka for whichƒÆ’-¡ƒ”š‚ the NationƒÆ’-¡ƒ”š‚ needs to thank the overall perceptiveƒÆ’-¡ƒ”š‚ and patrioticƒÆ’-¡ƒ”š‚ majority voters for!

ƒÆ’-¡ƒ”š‚ Curiously Ranil Wickremasinge’s cronies too were probably spared of some unforeseeable ignominy had there been an incumbent dictator in the form of Fonseka taking the highest officeƒÆ’-¡ƒ”š‚  where the collectiveƒÆ’-¡ƒ”š‚ role of formerƒÆ’-¡ƒ”š‚ aspiring albeit now rehabilitatedƒÆ’-¡ƒ”š‚ terrorists in the form of the JVP could have had a pivotal role to play and the Wickremasinghe bandwagon perhaps sent to’ boot camp’ or worseƒÆ’-¡ƒ”š‚ which of course isƒÆ’-¡ƒ”š‚ mere hypothesis!

ƒÆ’-¡ƒ”š‚ It must also be pointed out to those unaware of the realities of theƒÆ’-¡ƒ”š‚ recently concludedƒÆ’-¡ƒ”š‚  Presidential Elections, its eventual statistics and related implicationsƒÆ’-¡ƒ”š‚ that despite certain pockets of media hypeƒÆ’-¡ƒ”š‚ which portray Fonseka’sƒÆ’-¡ƒ”š‚  popular votes as significant, that it was miniscule relative to the total votes polled for the PresidentƒÆ’-¡ƒ”š‚ and a portrayal distorted as well as blown out of proportion by those who championedƒÆ’-¡ƒ”š‚ Fonseka in obvious derision.One only needs to bear in mind that Sri Lanka has a population of close to 20 million and hence the Fonseka total vote count a drop in the ocean compared to the Rajapaksha landslide!

ƒÆ’-¡ƒ”š‚ It would be more appropriate to conclude that the President’s victory over Fonseka and his allies was of a crushing and overpowering nature by way of head count as well as the emotional surge most patriotic Sri Lankans showed at the polls and to those who count Fonseka’s total polls voted as significant they need to be pooh poohed! that theirs is a fantasy based assumptionƒÆ’-¡ƒ”š‚ on wishful thinking far removed from the realities of the polling environment in Sri Lanka which will in all probabilities be repeated at the forthcoming General Elections contrary to the whim and fancy of certain Colombo based wheeler dealerƒÆ’-¡ƒ”š‚ politicos with maternal links to the 1965 Coup d’ Etat!.

ƒÆ’-¡ƒ”š‚ Getting back to the issue of Court Martials~ theƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ first court martial appointed to try General Fonseka commenced today for participation in political work while in active service. Three separate charges under the above category according to the provisions of Army Act were heard today according to breaking news reports where the Fmr.General Fonseka appeared with his legal representationƒÆ’-¡ƒ”š‚ before the panel of three judges while representatives of the Attorney General appeared for the prosecution. Today’s hearing hasƒÆ’-¡ƒ”š‚ been adjourned until April 6.

ƒÆ’-¡ƒ”š‚ The secondƒÆ’-¡ƒ”š‚ court martial against Gen. FonsekaƒÆ’-¡ƒ”š‚  for offences related to military procurement while in active service, will be a separate one to hear the charges againstƒÆ’-¡ƒ”š‚ him and will be heard tomorrow whereƒÆ’-¡ƒ”š‚ both court martials areƒÆ’-¡ƒ”š‚  being presided by the same board headed by Major General H.L.Weeratunga.

ƒÆ’-¡ƒ”š‚ As expected the General’s lawyersƒÆ’-¡ƒ”š‚  are contesting the validity of the military court to hear the cases since he was a civilian when he was arrested which seems a feeble offer of protestationƒÆ’-¡ƒ”š‚ where the legalities of the issues at hand will eventually overrule the rhetoric that emanates from a former military leader with a hopeless ring toƒÆ’-¡ƒ”š‚ it involving a conflict of interestƒÆ’-¡ƒ”š‚ relative toƒÆ’-¡ƒ”š‚ status and staus quoƒÆ’-¡ƒ”š‚ asƒÆ’-¡ƒ”š‚  well as pointing to a neglect of his duties,ƒÆ’-¡ƒ”š‚ actions and behaviourƒÆ’-¡ƒ”š‚ unbecoming of his capacityƒÆ’-¡ƒ”š‚ together withƒÆ’-¡ƒ”š‚ disregarded liabilities to his Chief Executive Commanding Officer where regardless of status, logically there hardly seems to be a case for the defence based on Fonseka’s protestationsƒÆ’-¡ƒ”š‚ but a matter for the Law of the Land to decide eventually whether under Civil or Military Jurisdiction or both!

Towards further strengthening the case for the prosecution, according to existing Military Statues any military personnel can be arrested under the Military Act within six months after leaving the service.

Regretably forƒÆ’-¡ƒ”š‚ Gen. Fonseka,ƒÆ’-¡ƒ”š‚ agitating through the means he has chosen to while in custody for crossing the fine line between violating ƒÆ’-¡ƒ”š‚ legal statutes and misinterpretation of his authorityƒÆ’-¡ƒ”š‚ only seems to compound his chagrin and point to culpabilityƒÆ’-¡ƒ”š‚ based upon his arguments as the Prima Facie case for the prosecution appears to be a very strong one at this point.