We shouldn’t stay silent any longer


| by Karu Jayasuriya
UNP Member of Parliament Gampaha District

( October 29, 2012, Colombo, Sri Lanka Guardian) We love our country.  We also have feelings towards the country.  If there is harm to the future of the country, progress of the country, to the people and the future generations, we are compelled to rise against it.


Public service and the police have become the prey of the politicians. All appointments and promotions are given on political loyalties.  Rallies and demonstrations are being attacked.  There is no democracy or transparency in the present administration.

We were able to win the independence in 1948, as the leaders including  Rt. Hon. D.S. Senanayake, representing all communities consisting of Sinhalese, Tamils, Muslims and Malays marched forward unitedly for the benefit of the country.  Today, in other countries where people shed blood and sacrifices lives for liberation, our enlightened leaders were able to come to an agreement and a single point of view regarding independence.  Today we enjoy the fruit of this unity.

    A great threat is looming at democracy and human rights which we won in the past.  We foresee the signs of dangerous times ahead.  We should not stay silent any longer.

    Today limitless powers are surrounded among one person, one family or a small group of individuals through the 18th Amendment, legislature is completely subjected to the authority of the Executive.  We witness the ill effects of the above.

    Free media is facing a great threat in the guise of murder of the editors, subjecting media personnel to threats and harassment.

    Public service and the police have become the prey of the politicians. All appointments and promotions are given on political loyalties.  Rallies and demonstrations are being attacked.  There is no democracy or transparency in the present administration.

    When the legislature is controlled by the Executive, democracy is safeguarded by the Judiciary.  Trust placed by the public on the Attorney General’s Department and the Judiciary was shaken recently due to various actions taken by the Government.  Also, there was political interference to the Judiciary, unprecedented in the recent history.  It is apparent that these are planned acts.

    Mannar Magistrate Court was attacked in last July, Magistrate was threatened. Assault on Judge Manjula Thilakaratne, Secretary of the Judicial Services Commission by goons in September is a despicable act, committed in recent history of the Judiciary.  Those who are responsible are still not in police custody.

    Secretary of the Judicial Services Commission explained to the public as directed by the Chief Justice and Senior Judges about the influence from the powers above.  I salute the self reliance of the Secretary.  After this incident false accusations and character assassinations were carried out against the Chief Justice and the Secretary of the Judicial Services Commission.

    Present Crisis started since the Government could not obtain the judgment expected on the Draft of the Divi Naguma Bill.

    When 90 billion rupees come under the control of a Minister without the supervision of the Provincial Council and scrutiny of the Auditor General the public realized the gravity of it.

     President’s Fund too is subjected to the scrutiny of the Auditor General.  In a democratic country it is harmful to bring such a large amount of money under the control of a minister, without transparency.

    We do not intend to discuss about the DIvi Naguma Bill, as it is subjected to scrutiny of the Judiciary.  The Constitution and the Provincial Councils are in a real crisis due to this.

    The judgment on this bill is due in two days on the 31st.  Therefore there are threats and character assassinations aimed at the judiciary in an unprecedented scale.  Such regrettable incidents have never been reported in the history of the judiciary which started in 1802.

    We have no personal friendship with Mrs. Shirani Bandaranayake, the Chief Justice or Mr. Manjula Thilakaratne, Secretary Judicial Services Commisson.  But we have to come forward to safeguard democracy and the independent judiciary.  A country moves towards dictatorship when the three columns, the Executive, the Legislature and the Judiciary are fallen.

    Intimidatory acts of the Government are increasing.  Signs of dictatorship are quite visible.

    Although there is peace in the country military expenditure has increased.  Military mentality is breeding in the country.  There are reports regarding appointing Government agents as Brigadiers, notwithstanding the appointment of school principals as Colonels.  There are reports saying that the designation of the Inspector General of Police is to be changed and to create a position of Commissioner General of Police.  This forebodes a military government.

    Libelous papers are being circulated against the Secretary of the Judicial Services Commission with no name or address appearing on these papers, but signed by a person who identifies himself as a patriot.  We are saddened to note the degree of deterioration of the morality of our country.

    In order to bring upon influence on the Chief Justice, charges have been framed against her husband and action is being taken on the charges.  If an offence has been committed it should be punished.  But in this instance what is taking place even before an investigation is conducted is nothing but an attempt to influence the Chief Justice.  Many misdeeds were reported in the Employees Provident Fund in the same manner as the National Savings Bank.  Hence, all institutions should be investigated.

    It was reported that during the past 48-72 hours signatures have been obtained on blank sheets in order to bring an impeachment motion against the Chief Justice.

    In terms of Section 107 of the Constitution, an impeachment of this nature could be moved when there is misconduct or inability.  We do not see any such misconduct or inability.

    We are amazed to see this behavior of a responsible government.  If libelous documents are used to remove the Head of Governments, those who are despised by the Government we consider this as deterioration in the country.

    We do not select individuals and protect them.  However, if the Chief Justice and the Secretary of the Judicial Services Commission are subjected to pressure or revenge, as a result of performing duties according to their conscience, we fearlessly appear against it.  We want to die in a democratic country not in a country where dictatorship reigns.  Therefore in the name of democracy we appeal to honourable members of the Government not to let this deterioration happen.  It is the duty of all of us in the opposition to keep aside all our differences and protect democracy of our country for future generations.