It was US lawyer, statesman, and President Abraham Lincoln (1809-1865) who paid the supreme sacrifice for emancipating the black people; that immortalised “democracy” by declaring that it was the “government of the people, by the people, for the people, (that) shall not perish from the Earth”.
However, it was the Greek philosopher Aristotle (c. 384-322 BC) who propounded that questions of the “State”, how it should be organised, and how it should pursue its ends, were fundamental to the achievement of happiness of its people.
His text Politics is an exploration of different forms of state governance and attempts to describe the state which will ultimately lead to the most fulfilled citizens.
“The true forms of government, therefore, are those in which the one, or the few, or the many, govern with a view to the common interest; but governments which rule with a view to the private interest, whether to the one, or the few, or of the many, are perversions...Tyranny is a kind of monarchy which has in view the interest of the monarch only; oligarchy has in view the interest of the wealthy; democracy, of the needy: none of them the common good of all…”
Many are of the view that the executive presidency introduced after the country lost its sovereignty and autochthonous monarchy in 1815, was nothing but an evil modernised form of “monarchy” albeit with diluted powers. For all Sri Lankans alike, democracy has become nothing but a farce and a tool used by the ruling class to continue the tyrannical rule over the subjects.
The anger and the frustration of the people were very visible at the mass honking incident at the Lotus Pond (Nelum Pokuna) roundabout last week. The public now believe enough is enough after five weeks of passing the buck and the political blame-game by rulers that be.
Dilemma
Be that as it may, last week’s Parliament proceedings were heated with fiery speeches from all sides with many trying to ascertain which of the two no-confidence motions – one against Minister Rishad Bathiudeen and the other against the Government – would be taken up first. However, even last Thursday’s party leaders meeting ended without consensus on the dates.
When the issue of the wrong date mentioned in the one against Bathiudeen was brought before Speaker Karu Jayasuriya, it was laudable that the Speaker took an impartial decision of allowing the motion subject to correction, without dismissing it.
United National Party (UNP) MPs claimed that Minister Bathiudeen had been offered a crossover to the Rajapaksa-led Sri Lanka Podujana Peramuna (SLPP).
As usual, Prime Minister Ranil Wickremesinghe was heard giving lukewarm answers.
Replying to a question by MP Mujibur Rahuman as to which motion would be taken up first, Wickremesinghe is reported to have said that the Government had the option of deciding on the two.
In addition, when MPs inquired of rumours of business tycoon Dhammika Perera contesting on the ticket of the UNP, the Premier is to have said that time will decide everything.
“He has no reason to contest me. However, I heard that when the SLPP heard he is contesting presidential polls, all of them were taken aback. Time will resolve everything.”
Meanwhile, the Janatha Vimukthi Peramuna (JVP) sources expressed optimism over the SLPP and Sri Lanka Freedom Party (SLFP) lending their support to its No-confidence Motion, despite criticising the same over media.
Heated Cabinet
The week’s Cabinet meeting saw heated debate over the regulation of madrasas. When Muslim Affairs Minister M.H.A. Haleem proposed that madrasas should be under the purview of a proposed Muslim Council under his ministry, several ministers including Megapolis Minister Champika Ranawaka charged that it would complicate an already sensitive issue, saying that like pirivenas, madrasas too should be under the purview of the Ministry of Education.
Finally, after Minister Rauff Hakeem too spoke in its favour, the Cabinet rejected Haleem’s proposal and decided that madrasas should be regulated by the Ministry of Education.
After making an emotion speech over the No-confidence Motion against him, Bathiudeen said that at no instance would he accept the allegations raised in the motion, adding that he would not resign from his ministerial portfolio. He added that he would step down only if either the President or the Prime Minister requested it from him.
In such an instance, the All Ceylon Makkal Congress (ACMC) too would withdraw from the Government, he said, sending a veiled threat to both the President and the Premier.
Set for polls
Amidst all this hullaballoo, the SLPP continued to have its series of meetings with provincial level and local government level representatives on mobilising the party members for the upcoming presidential elections.
Chief architect Basil Rajapaksa, explaining several analyses on the past 2005, 2010, and 2015 presidential elections, said that it was pertinent to bag at least 6.3 million votes in order to win the elections.
Opposition Leader Mahinda Rajapaksa informed the party cadre that during a meeting between President Maithripala Sirisena and the Election Commission Chairman, it had been decided to go ahead with the gazette notification on the polls, not later than 20 October.
Rajapaksa Senior recalled former American Ambassador Robert O’ Blake’s remark that his party had the best organisational structure among parties studied in Asia, adding that the total credit went to his sibling Basil Rajapaksa.
“From the 1970s, Basil was my campaign manager,” said a grateful Mahinda.
Slap on the judiciary
The highlight of the week was the release of Bodu Bala Sena (BBS) Secretary General Ven. Galagoda Aththe Gnanasara Thera who was sentenced for contempt of court, upon a presidential pardon. The Thera, right after his release, made a courtesy call on President Maithripala Sirisena.
Many citizens, angered by the release of a hard-line Buddhist monk implicated in the communal clashes of 2014 in Aluthgama, criticised President Sirisena’s decision, calling it a travesty of justice and a mockery of good governance.
Despite Gnanasara Thera initially telling media that he will take a backseat, it is learn that he had expressed his intentions of building a national-level broad programme for the resurgence of the “Sinhala Buddhist” country.
Renowned constitutional lawyer and human rights crusader J.C. Weliamuna tweeted stating: “Pardoning Ven. Gnanasara is a slap on the independence of judiciary. He was convicted of interfering with court and contempt of court. No civilised nation will lightly pardon such a convict. After 19th Amendment, Presidential power to pardon is subject to judicial review!”
Weliamuna also said that it is “time that both hate speeches and incitement of communal hatred, directly or indirectly, in mainstream media, be investigated, for criminal liability”, adding that “fuelling prejudice against a community amounts to a reckless disregard for their dignity and safety”.
Issuing a statement, the President of the Methodist Church of Sri Lanka Rev. Asiri P. Perera said:
“As a citizen and a religious leader of this country, I am extremely disappointed with the release of Ven. Gnanasara Thera at a time of political instability and insecurity in our land.
“I see it as a decision made for political gain, ignoring all the threats Gnanasara Thera has been breathing out against the minority religions and races of this country.
“His unruly behaviour in court where the Eknaligoda case is being heard and the threats he breathed against the Eknaligoda family does not match at all with the noble preaching of Buddha.
“This release makes us feel very insecure as the executive of this country is ignoring judiciary decisions which have upheld the rightful place of law and order. The release of Gnanasara Thera, who was found guilty of contempt of court through a presidential pardon is direct ridicule hurled against the independence of the judiciary carried out by the executive of this country. Such acts of the executive of our country are repeatedly pushing peace-loving citizens to utter frustration.
“I urge all Christians of this country and around the world to uphold our beloved nation in prayer, which is being pulled down to ruin by wrong decisions made by the rulers of our land.”
The Tamil National Alliance (TNA) too condemned President Sirisena’s act, as taking majoritarianism to “another level”. In a statement, party Spokesperson MP M.A. Sumanthiran said:
“The TNA unequivocally condemns the President’s act of pardoning Ven. Gnanasara Thera by abusing the constitutional powers vested in the Head of State. He was jailed by the Court of Appeal for committing the offence of contempt against the Magistrate’s Court of Homagama. The conviction and sentencing happened after the learned Magistrate complained to the Court of Appeal, and after a trial at which he was afforded every opportunity to defend himself. His appeal to the Supreme Court was later dismissed. This was the one instance when the Thera was dealt with under the law when his conduct in instigating violence against the non-Buddhist citizens of the country never drew any action against him by the law enforcement agencies.
“Sri Lanka now faces the challenge of containing racial and religious bigotry, if the country is to move forward with all citizens being treated as equals. In addressing this challenge, the Government must scrupulously deal with all hate-mongers – whichever ethnic or religious group they belong to. When the call of the hour was to be severe on all purveyors of hate equally, the President’s act of showing extreme leniency to a Buddhist monk sends a very wrong message to the country. The message is that it is acceptable for violence to be instigated against minorities, but that even innocuous acts the majority community feels uncomfortable about will be dealt with severely.
This is to take majoritarianism to yet another level.
“We call upon all right-thinking people to unreservedly condemn this act of the President and work towards reversing this dangerous trend.”
The Centre for Policy Alternatives (CPA), expressing its deep shock and concern over the presidential pardon said that it raises a number of pressing questions which the President and the Government are obliged to answer.
“Gnanasara Thera was convicted of four contempt of court charges by the Court of Appeal on 8 August 2018 and sentenced to 19 years of rigorous imprisonment to be completed within six years. The conviction and sentencing was premised on the Thera’s behaviour within court premises, which was judged to have been beyond the respectful behaviour expected of ordinary citizens before the courts.
The CPA stresses that presidential pardons exist to correct miscarriages of justice and are to be exercised with extreme caution and gravity. The pardon of Gnanasara Thera cannot be called a fit and proper exercise of that power by any metric. The trial, conviction, and sentencing of the Thera raised no legitimate questions of any miscarriage of justice and there was ample opportunity for the Thera to fully exercise his right to a fair trial by appealing his conviction. Indeed this option was pursued by him at both the Court of Appeal and the Supreme Court which both duly dismissed the appeals. As such, the pardon itself amounts to an undue interference with the legal process.
“The pardon raises a number of very serious concerns. First, it legitimises the view that it is possible to act with contempt for the judiciary, be punished through a legitimate judicial process, and then enjoy impunity through a pardon granted on political considerations. The pardon specifically signals that some categories of citizens, such as the Buddhist clergy, can expect to enjoy preferential treatment when it comes to obeying the law. It also sets a dangerous precedent whereby properly tried, convicted, and sentenced persons can be released on the whims of the President and Government.
Second, the pardon comes amidst the ongoing and extremely tense situation in the country. It has been a mere week since extremist Sinhala Buddhist mobs instigated anti-Muslim riots across North Western Sri Lanka, resulting in the death of one Muslim man and the damage to a large number of Muslim residences, businesses, and places of worship. Gnanasara Thera has played a documented role in the past as Secretary of the BBS in expressing hate speech and inciting violence towards minority communities – particularly Muslim Sri Lankans. The pardon, however indirectly, represents a worrying endorsement of such anti-minority sentiment, and can only heighten the anxiety and fear being felt by Muslim Sri Lankans today.
“The responsibility for interfering with the rule of law and endorsing anti-minority sentiment in this manner lies not only with the President but the wider Government as well. The Minister of Buddha Sasana Gamini Jayawickrama earlier endorsed requests by religious and political third parties to issue the pardon, and numerous members of the Government have spoken out and acted in support of it. Accordingly, the Government as a whole must justify, with stated reasons, why the grant of a pardon in this case will not be inconsistent with the Constitution, the rule of law, and the administration of justice in Sri Lanka, and will not exacerbate inter-communal tensions. Anything less will directly undermine the legitimacy of Sri Lanka’s democracy.”
Indian polls
With our big brother India’s incumbent Prime Minister Narendra Modi’s Bharathiya Janatha Party (BJP) led National Democratic Alliance (NDA) sweeping the general elections clinching 343 of the 542-seated Lok Sabha and inflicting upon its rival Indian National Congress (INC) a humiliating defeat, became the only single party to win a majority on its own in more than three decades. (In 2014, the party won 282 seats, the NDA had won 336.)
However, many political analysts now believe that the 21 April bombings in Sri Lanka may have had an impact on polls across the Palk Strait.
A principal Investigator and senior political scientist for RAND Corporation, Jonah Blank, opined that Prime Minister Modi had a sentence repeated over every political rally.
"I will not allow the destruction in Sri Lanka to happen in India. I have built a formidable armed force and a formidable intelligence apparatus. It was our intelligence that informed its intelligence counterparts in Sri Lanka. I am India’s chowkidar (watchman); I am your chowkidar."
Role of the media
The role of the media has come under the microscope more so since of late. Police Criminal Investigations Department (CID) is conducting probe into a newspaper report in a Sinhala daily, alleging that a Muslim doctor “connected” to the banned Muslim organisation National Thowheed Jamath (NTJ) had “sterilised” over 4,000 Sinhala-Buddhist women.
The controversial article also claimed Police were conducting a broad investigation to arrest the doctor, which is now being denied by the Police.
Police Spokesperson SP Ruwan Gunasekara, dismissing the claims, said that it had not received any complaint regarding illegal sterilisation of women. The Spokesman, condemning the newspaper and the reporter for not verifying its veracity with the Police, added that the reporter should take full responsibility for the fabricated news report.
Speaker Karu Jayasuriya told Parliament that as soon as he saw the news report, he inquired about it from the Police and the security authorities, who informed him that the report was fake.
Especially, in the current context, the media has a crucial role to play in society today, and has to be responsible with what it reports, for the consequences can vary and can be negative on society.
Be that as it may, last week’s Parliament proceedings were heated with fiery speeches from all sides with many trying to ascertain which of the two no-confidence motions – one against Minister Rishad Bathiudeen and the other against the Government – would be taken up first. However, even last Thursday’s party leaders meeting ended without consensus on the dates.
When the issue of the wrong date mentioned in the one against Bathiudeen was brought before Speaker Karu Jayasuriya, it was laudable that the Speaker took an impartial decision of allowing the motion subject to correction, without dismissing it.
United National Party (UNP) MPs claimed that Minister Bathiudeen had been offered a crossover to the Rajapaksa-led Sri Lanka Podujana Peramuna (SLPP).
As usual, Prime Minister Ranil Wickremesinghe was heard giving lukewarm answers.
Replying to a question by MP Mujibur Rahuman as to which motion would be taken up first, Wickremesinghe is reported to have said that the Government had the option of deciding on the two.
In addition, when MPs inquired of rumours of business tycoon Dhammika Perera contesting on the ticket of the UNP, the Premier is to have said that time will decide everything.
“He has no reason to contest me. However, I heard that when the SLPP heard he is contesting presidential polls, all of them were taken aback. Time will resolve everything.”
Meanwhile, the Janatha Vimukthi Peramuna (JVP) sources expressed optimism over the SLPP and Sri Lanka Freedom Party (SLFP) lending their support to its No-confidence Motion, despite criticising the same over media.
Heated Cabinet
The week’s Cabinet meeting saw heated debate over the regulation of madrasas. When Muslim Affairs Minister M.H.A. Haleem proposed that madrasas should be under the purview of a proposed Muslim Council under his ministry, several ministers including Megapolis Minister Champika Ranawaka charged that it would complicate an already sensitive issue, saying that like pirivenas, madrasas too should be under the purview of the Ministry of Education.
Finally, after Minister Rauff Hakeem too spoke in its favour, the Cabinet rejected Haleem’s proposal and decided that madrasas should be regulated by the Ministry of Education.
After making an emotion speech over the No-confidence Motion against him, Bathiudeen said that at no instance would he accept the allegations raised in the motion, adding that he would not resign from his ministerial portfolio. He added that he would step down only if either the President or the Prime Minister requested it from him.
In such an instance, the All Ceylon Makkal Congress (ACMC) too would withdraw from the Government, he said, sending a veiled threat to both the President and the Premier.
Set for polls
Amidst all this hullaballoo, the SLPP continued to have its series of meetings with provincial level and local government level representatives on mobilising the party members for the upcoming presidential elections.
Chief architect Basil Rajapaksa, explaining several analyses on the past 2005, 2010, and 2015 presidential elections, said that it was pertinent to bag at least 6.3 million votes in order to win the elections.
Opposition Leader Mahinda Rajapaksa informed the party cadre that during a meeting between President Maithripala Sirisena and the Election Commission Chairman, it had been decided to go ahead with the gazette notification on the polls, not later than 20 October.
Rajapaksa Senior recalled former American Ambassador Robert O’ Blake’s remark that his party had the best organisational structure among parties studied in Asia, adding that the total credit went to his sibling Basil Rajapaksa.
“From the 1970s, Basil was my campaign manager,” said a grateful Mahinda.
Slap on the judiciary
The highlight of the week was the release of Bodu Bala Sena (BBS) Secretary General Ven. Galagoda Aththe Gnanasara Thera who was sentenced for contempt of court, upon a presidential pardon. The Thera, right after his release, made a courtesy call on President Maithripala Sirisena.
Many citizens, angered by the release of a hard-line Buddhist monk implicated in the communal clashes of 2014 in Aluthgama, criticised President Sirisena’s decision, calling it a travesty of justice and a mockery of good governance.
Despite Gnanasara Thera initially telling media that he will take a backseat, it is learn that he had expressed his intentions of building a national-level broad programme for the resurgence of the “Sinhala Buddhist” country.
Renowned constitutional lawyer and human rights crusader J.C. Weliamuna tweeted stating: “Pardoning Ven. Gnanasara is a slap on the independence of judiciary. He was convicted of interfering with court and contempt of court. No civilised nation will lightly pardon such a convict. After 19th Amendment, Presidential power to pardon is subject to judicial review!”
Weliamuna also said that it is “time that both hate speeches and incitement of communal hatred, directly or indirectly, in mainstream media, be investigated, for criminal liability”, adding that “fuelling prejudice against a community amounts to a reckless disregard for their dignity and safety”.
Issuing a statement, the President of the Methodist Church of Sri Lanka Rev. Asiri P. Perera said:
“As a citizen and a religious leader of this country, I am extremely disappointed with the release of Ven. Gnanasara Thera at a time of political instability and insecurity in our land.
“I see it as a decision made for political gain, ignoring all the threats Gnanasara Thera has been breathing out against the minority religions and races of this country.
“His unruly behaviour in court where the Eknaligoda case is being heard and the threats he breathed against the Eknaligoda family does not match at all with the noble preaching of Buddha.
“This release makes us feel very insecure as the executive of this country is ignoring judiciary decisions which have upheld the rightful place of law and order. The release of Gnanasara Thera, who was found guilty of contempt of court through a presidential pardon is direct ridicule hurled against the independence of the judiciary carried out by the executive of this country. Such acts of the executive of our country are repeatedly pushing peace-loving citizens to utter frustration.
“I urge all Christians of this country and around the world to uphold our beloved nation in prayer, which is being pulled down to ruin by wrong decisions made by the rulers of our land.”
The Tamil National Alliance (TNA) too condemned President Sirisena’s act, as taking majoritarianism to “another level”. In a statement, party Spokesperson MP M.A. Sumanthiran said:
“The TNA unequivocally condemns the President’s act of pardoning Ven. Gnanasara Thera by abusing the constitutional powers vested in the Head of State. He was jailed by the Court of Appeal for committing the offence of contempt against the Magistrate’s Court of Homagama. The conviction and sentencing happened after the learned Magistrate complained to the Court of Appeal, and after a trial at which he was afforded every opportunity to defend himself. His appeal to the Supreme Court was later dismissed. This was the one instance when the Thera was dealt with under the law when his conduct in instigating violence against the non-Buddhist citizens of the country never drew any action against him by the law enforcement agencies.
“Sri Lanka now faces the challenge of containing racial and religious bigotry, if the country is to move forward with all citizens being treated as equals. In addressing this challenge, the Government must scrupulously deal with all hate-mongers – whichever ethnic or religious group they belong to. When the call of the hour was to be severe on all purveyors of hate equally, the President’s act of showing extreme leniency to a Buddhist monk sends a very wrong message to the country. The message is that it is acceptable for violence to be instigated against minorities, but that even innocuous acts the majority community feels uncomfortable about will be dealt with severely.
This is to take majoritarianism to yet another level.
“We call upon all right-thinking people to unreservedly condemn this act of the President and work towards reversing this dangerous trend.”
The Centre for Policy Alternatives (CPA), expressing its deep shock and concern over the presidential pardon said that it raises a number of pressing questions which the President and the Government are obliged to answer.
“Gnanasara Thera was convicted of four contempt of court charges by the Court of Appeal on 8 August 2018 and sentenced to 19 years of rigorous imprisonment to be completed within six years. The conviction and sentencing was premised on the Thera’s behaviour within court premises, which was judged to have been beyond the respectful behaviour expected of ordinary citizens before the courts.
The CPA stresses that presidential pardons exist to correct miscarriages of justice and are to be exercised with extreme caution and gravity. The pardon of Gnanasara Thera cannot be called a fit and proper exercise of that power by any metric. The trial, conviction, and sentencing of the Thera raised no legitimate questions of any miscarriage of justice and there was ample opportunity for the Thera to fully exercise his right to a fair trial by appealing his conviction. Indeed this option was pursued by him at both the Court of Appeal and the Supreme Court which both duly dismissed the appeals. As such, the pardon itself amounts to an undue interference with the legal process.
“The pardon raises a number of very serious concerns. First, it legitimises the view that it is possible to act with contempt for the judiciary, be punished through a legitimate judicial process, and then enjoy impunity through a pardon granted on political considerations. The pardon specifically signals that some categories of citizens, such as the Buddhist clergy, can expect to enjoy preferential treatment when it comes to obeying the law. It also sets a dangerous precedent whereby properly tried, convicted, and sentenced persons can be released on the whims of the President and Government.
Second, the pardon comes amidst the ongoing and extremely tense situation in the country. It has been a mere week since extremist Sinhala Buddhist mobs instigated anti-Muslim riots across North Western Sri Lanka, resulting in the death of one Muslim man and the damage to a large number of Muslim residences, businesses, and places of worship. Gnanasara Thera has played a documented role in the past as Secretary of the BBS in expressing hate speech and inciting violence towards minority communities – particularly Muslim Sri Lankans. The pardon, however indirectly, represents a worrying endorsement of such anti-minority sentiment, and can only heighten the anxiety and fear being felt by Muslim Sri Lankans today.
“The responsibility for interfering with the rule of law and endorsing anti-minority sentiment in this manner lies not only with the President but the wider Government as well. The Minister of Buddha Sasana Gamini Jayawickrama earlier endorsed requests by religious and political third parties to issue the pardon, and numerous members of the Government have spoken out and acted in support of it. Accordingly, the Government as a whole must justify, with stated reasons, why the grant of a pardon in this case will not be inconsistent with the Constitution, the rule of law, and the administration of justice in Sri Lanka, and will not exacerbate inter-communal tensions. Anything less will directly undermine the legitimacy of Sri Lanka’s democracy.”
Indian polls
With our big brother India’s incumbent Prime Minister Narendra Modi’s Bharathiya Janatha Party (BJP) led National Democratic Alliance (NDA) sweeping the general elections clinching 343 of the 542-seated Lok Sabha and inflicting upon its rival Indian National Congress (INC) a humiliating defeat, became the only single party to win a majority on its own in more than three decades. (In 2014, the party won 282 seats, the NDA had won 336.)
However, many political analysts now believe that the 21 April bombings in Sri Lanka may have had an impact on polls across the Palk Strait.
A principal Investigator and senior political scientist for RAND Corporation, Jonah Blank, opined that Prime Minister Modi had a sentence repeated over every political rally.
"I will not allow the destruction in Sri Lanka to happen in India. I have built a formidable armed force and a formidable intelligence apparatus. It was our intelligence that informed its intelligence counterparts in Sri Lanka. I am India’s chowkidar (watchman); I am your chowkidar."
Role of the media
The role of the media has come under the microscope more so since of late. Police Criminal Investigations Department (CID) is conducting probe into a newspaper report in a Sinhala daily, alleging that a Muslim doctor “connected” to the banned Muslim organisation National Thowheed Jamath (NTJ) had “sterilised” over 4,000 Sinhala-Buddhist women.
The controversial article also claimed Police were conducting a broad investigation to arrest the doctor, which is now being denied by the Police.
Police Spokesperson SP Ruwan Gunasekara, dismissing the claims, said that it had not received any complaint regarding illegal sterilisation of women. The Spokesman, condemning the newspaper and the reporter for not verifying its veracity with the Police, added that the reporter should take full responsibility for the fabricated news report.
Speaker Karu Jayasuriya told Parliament that as soon as he saw the news report, he inquired about it from the Police and the security authorities, who informed him that the report was fake.
Especially, in the current context, the media has a crucial role to play in society today, and has to be responsible with what it reports, for the consequences can vary and can be negative on society.