| by Gamini Weerakoon
( January 21, 2013, Colombo, Sri Lanka Guardian) Is a Parliamentary Select Committee, the magic bullet that was hailed as the weapon that would destroy the 55-year-old monstrous communal problem, a spent force now?
But after the drama of the impeachment of the Chief Justice Dr Shirani Bandaranayake whose impeachment was based on the report of a Parliamentary Select Committee whose conduct has been strongly criticised by a wide cross section of the legal profession, the intelligentsia, the people and the Supreme Court itself, the credibility of the parliamentary select committee process in the resolution of political issues has been brought into the open.
When Prabakaran’s 30-year-old war ended three years ago, New Delhi’s mantra, the 13th Amendment which Sri Lankans bowed to with devotion in the presence of the Indian Foreign Office Brahmins but over which they entertained second thoughts was shoved aside. So was the celebrated All Party talks chaired by Tissa Vitharana whose committee, the All Party Representative Committee (APRC) that sat through 150 meetings for three years and produced a report which the Chairman Vitharana handed over to President Rajapaksa years ago but nothing had been heard of its contents since then.
Where is the Magic Bullet?
While internal and external pressures – particularly by India – were brought about on the Rajapaksa government to make proposals to address the grievances of Tamils and bring about national reconciliation, the magic bullet produced was, a parliamentary select committee (PSC) on the issue. But this proposal that emerged about three years ago has not materialised because the Tamil National Alliance (TNA), which is representative of the Tamils, have not accepted it.
Indeed any resolution worked out at any place would finally have to be brought before parliament for it to become a law. But a parliamentary select committee itself is a doubtful process. In 1991, a PSC was appointed under the chairmanship of affable Mangala Moonesinghe to produce a plan for the devolution of power to the Northern and Eastern provinces. This was the largest ever PSC formed till that time comprising 45 MPs from all parties in parliament but the recommendations made fell through.
The credibility of a PSC received a severe bashing during the impeachment process of Chief Justice Dr Shirani Bandaranayake. It comprised 11 members – seven from the Government and four from the Opposition. Towards the tail end of the proceedings the Opposition members walked out. Earlier Dr Shirani Bandaranayake too walked out with her lawyers. Opposition members of the PSC as well as the Chief Justice alleged that the procedure, which the PSC hoped to follow, had not been stated; she was not given adequate time to respond to the charges – presented with a tome of documents – and asked to reply within 24 hours. No opportunity provided to cross-examine witnesses it being stated that oral testimony would not be called but after the walk out of the Chief Justice witnesses being called in to give evidence; abuse of the Chief Justice during the proceedings by some government members of the PSC.
Public performances
The PSC came out in very bad light not only because of its own performance, but also for the propaganda and thuggery that were staged in support of the impeachment.
The impeachment turned out to be a public trial conducted not by the people but apparently by sponsors who wanted Dr Shirani Bandaranayaka out of office. The pro-government media, particularly the print media, cast aside the accepted norms of decency observed not only for a person holding high office but even to a common criminal. The principle of sub-judice – not commenting on a case pending trial was thrown to the winds and loads of muck thrown at the Chief Justice, other judges of the Supreme Court and those who came out to support her, especially the lawyers. Structures were put up to accommodate protestors outside the residence of the Chief Justice, apparently in a move to force her to leave the residence. It was a slur on the culture and heritage of our people.
The reaction to a PSC sitting on the question of the resolution of the ethnic problem – an issue that has caused widespread riots, mayhem and murder can be imagined from past experiences.
Sri Lankan mind-set
Much of this political regression can be attributed to the changing make-up of the Sri Lankan mind-set. The norm: ‘I am for My Country right or wrong’ has undergone the distortion: ‘Either you are with us (government) or you are traitors’. It is like the juvenile contention: ‘My school is the best school of all. If you say no, I will smash your face’.
This kind of mind-set now extends even to the best of Sri Lankan minds. We read Prof. G. L. Peiris’s cogent arguments justifying the impeachment of the Chief Justice by Parliament in a government owned daily. While attempting to counter the arguments of the Superior Courts, which were as good as that of the professor’s, he missed a fundamental point. The professor argued only on the legal aspects involved but not on the motives and extraneous conditions that led to the impeachment and also the basic issue: Was the Select Committee just and fair in its findings on the Chief Justice and was the procedure followed fair? Did the Chief Justice get justice? He did not consider the allegations made by the Chief Justice and her lawyers about the partiality shown and the conduct of the inquiry itself.
It could be said that the professor was concerned only with the legal aspects and not the extraneous aspects such as whether the impeachment was motivated with political objectives in mind. But to us ordinary laymen, if the basic motivations for the impeachment are not relevant, but only the law is important, then the description of the professor’s vocation: The law is an ass, stands.
Lajja and Baya
Many years ago when we were the editor of a newspaper a senior diplomat and former Ambassador, Stanley Jayaweera used to write and then perorate to us on the decay of morality and conventions in Sri Lankan society. Working himself up he would ask us: Munta lajja saha baya nathida? (Don’t these morons have any shame or fear?) Indeed lajja and baya were two aspects that governed our people not so long ago. Not so much the fear of law.
Today lajja must certainly not be an inhibiting facto on those ladies and gentlemen climbing the ladder from which Dr Shirani Bandaranayake has been hurled off.
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