While languishing in long lines, people are letting off steam, cursing the ruling fraternity in far from subdued tones. The wrath is uncontrollable since the people are placed in an awkward and helpless position, unable to go about their daily business or work. The daily wage earners are the most affected, unable to buy fuel to carry out their daily engagements to keep the home fires burning.

There are myriads of protests spread throughout the country. Sometimes the skirmishes go out of hand at fuel stations when people indulge in shameless acts of pilfering fuel using immoral and unethical means in connivance with fuel station managers or even security personnel involved in maintaining law and order.

Last week there were several such instances in the Galle area.  where foreigners who came in search of a few litres of fuel were subjected to harassment and ordered to join the queue by the Police. On one particular occasion, a tourist had to be in line for over three hours to get two litres of fuel for her motorcycle.

One incident was at a fuel station in Yaggapitiya, Wahara, in the Kurunegala district where an army officer kicked an unarmed civilian who had asked for fuel.  The incident caused ripples because it concerned the behaviour of the armed forces. The behaviour of the army officer concerned was the least expected from any trained officer on duty or otherwise on whom it is incumbent to uphold etiquette.

The army officer in question was Lieutenant Colonel Viraj Kumarasinghe, Commanding Officer attached to an army detachment in the Kurunegala Regimental Headquarters of the Sri Lanka National Guard. The kick on the civilian’s chest while two other soldiers held him by his arms was a show of military prowess by a senior military officer.

Kumarasinghe may have acted the way he did to score brownie points, not knowing the consequences of attacking innocent civilians. It may give rise to many a question which the Army Chief or the Divisional Commander will invariably be called upon to answer,

Those questions will be directed at them by the national Human Rights Council and sometimes the United Nations Human Rights Council if they take note of the violent incidents unfolding in crisis-ridden Sri Lanka.

In the circumstances, it is the unfailing duty of the Army Chief and senior officers to direct other officers to follow etiquette. A lieutenant colonel is a fairly senior officer by all means, and his erratic and unruly behaviour should come in for serious scrutiny by the higher authorities in the army. Reports indicate that the officer was temporarily relieved of duties, and a replacement was in the offing. Nobody would condone this shameless behaviour, especially from a senior officer.

Consequently, it is incumbent upon the Army Commander to act swiftly to rectify the weaker areas of the army and make it a more disciplined force which respects human rights.

All know that the armed forces commanded high respect and were held in esteem by the rural folk during the northern insurgency. People called them war heroes.

However, the latest incidents involving the armed forces and how they have treated the masses have put them off and respect towards the security forces is fast diminishing. On the other hand, the government should not use the military to discharge duties of the police unless the police are incapable of handling a particular situation.

The army is now trying to gloss over the matter, blaming the media saying that it was hell-bent on painting a bleak picture about them. The peoples  perception about the army is not very good. The army could regain its position and the diminishing stature well above the required standard by restoring discipline without getting involved in petty issues which the police can handle.

The lawyers in the area want the victim to come forward and tell his story since the officer concerned could face charges of criminal liability in addition to a court of inquiry by the army. The Army Commander and other senior officers in the division may also face a case in the Supreme Court for infringement of the rights of an individual. The matter may come up before the Supreme Court under article 126 of the constitution. However, the victim is now reluctant to come forward, possibly because of pressure to drop charges against the errant officer.

In a decided case in the Supreme Court where it specifies the duties of the commanders in respect of suspects in their custody, Justice Mark Fernando delivered the judgement with the other two judges agreeing.

Delivering the judgement in the case, Deshapriya Vs Captain Weerakoon of the Navy, Justice Fernando states, “in the Forces, the command is a sacred trust, and discipline is paramount. He (the commander) was under a duty to take all reasonable steps to ensure that persons held in custody (like the petitioner) were treated humanely and under the law. That included monitoring the activities of his subordinates, particularly those who had contact with detainees. The fact that the petitioner was being held in custody under his specific orders made his responsibility somewhat greater.

Holding that the rights of the petitioner have been violated, Justice Fernando said ‘I hold that the petitioner’s fundamental right under Article 11 has been infringed while in Navy custody by an executive or administrative action and I award him a sum of Rs 150,000 as compensation and costs, of which Rs 130,000 shall be paid by the State, and Rs 20,000 by the 1st respondent personally, on or before 30.11.2003. The Registrar is directed to forward copies of this judgment to the Attorney-General and the Commander of the Navy to enable them to consider whether legal proceedings should be instituted against the 1st, 4th, 5th, 6th and 7th respondents. The Commander of the Navy is directed to issue directions and guidelines designed to ensure that persons in Navy custody are treated humanely and under the law, to ensure the proper investigation of ill-treatment while in such custody, and to forward a copy of such direction to the Registrar on or before 30.11.2003. 

The other important matter of concern is the speech by Prime Minister Ranil Wickremesinghe on the engagement with the International Monetary Fund. The Prime Minister was optimistic that the IMF will help Sri Lanka with a bail-out package after a staff-level agreement. Even so, the road to recovery is an arduous. Sri Lanka has to submit a debt restructuring programme, the modus operandi and evidence of debt sustainability. The Prime Minister said that the legal and financial experts hired by the government are working on the matter. The report is likely to be submitted by August. During his speech, he threw a challenge to the JVP leader that he would step down and pave the way for Anura Kumara Dissanayake to be the Prime Minister if the JVP leader could resolve the current crisis within six months.

In his reply, Anura Kumara Dissanayake admitted that it was impossible to resolve the current crisis within six months. He said what he told was that he would bring normalcy to the country by providing the basic needs within a short period of six months.

After providing the basic needs he will call for a general election, allowing the people to elect a government of their choice which could deliver the country out of the debt trap. Dissanayake said neither he nor Wickremesinghe had the mandate to become the Prime Minister. After all, Wickremesinghe merely came to parliament with the help of the national list.

However, many people are aware of the close links that Anura Kumara Dissanayake had with Wickremesinghe during the Yahapalana days.

The two leaders cooperated and worked together on many issues exposing the misdeeds of the Mahinda Rajapaksa regime. However, the pending cases took inordinately longer periods than expected to come to light or come up before the judiciary. The delays cost the yahapalanaaya immensely in terms of their political pursuits.

On the contrary, the Prime Minister and the JVP leader are on contradictory courses to achieve their political targets.

Prime Minister Wickremesinghe, having been nominated through the national list, found a shortcut to ascend the political ladder by being the solitary member in the House representing the UNP. The Prime Minister has nobody to rely on even in the Cabinet other than the two nincompoops who crossed over from the SJB seeking greener pastures.

To say the least, Prime Minister Ranil Wickremesinghe is also fast losing his stature as a statesman due to his clownish behaviour in Parliament. People in their numbers have opined that the Prime Minister is immune to the plight of the people and has taken scant notice of the situation. It is the perception of the people about the leaders as the pressure is mounting on them. Hence a myriad of protests countrywide demanding the resignation of the government.

Besides, there are far more reasons for the people to throng in their thousands to engage in peaceful demonstrations in Colombo over the weekend, which will continue for some time. Inebriated with humungous power, the political hierarchy has no salvation other than seeking the help of the armed forces to defend themselves from the aggravating wrath of the people.

Against this background another political pawn of the Rajapaksas, Dhammika Perera, came out with a severe indictment and demanded the resignation of Ranil Wickremesinghe as the Finance Minister. Wickremesinghe has apparently told the President to remove Dhammika from the Cabinet for violating Cabinet etiquette and democratic practices where he had criticised the Prime Minister openly.

Dhammika may not be aware of etiquette governing the parliamentary traditions, and more or less, he was acting on the instructions of Basil Rajapaksa.

The political rivalry between the two may go further unless one decides to give up.

The main reason behind Dhammika is that Wickremesinghe, as the Finance Minister, has sought Cabinet approval to collect a large amount of tax from the operating casinos which were hitherto defaulted by the casino owners.

Wickremesinghe has also proposed a licensing system for casino’s, much to the chagrin of these casino operators.

The clash between the Prime Minister and the Investment Promotions Minister came to a head when the Prime Minister demanded the President remove Dhammika from the Cabinet or he would act accordingly.

At the same time, plans are underway to remove the Prime Minister as part of the SLPP political project skillfully manoeuvred by the Basil Rajapaksa camp that has already inflicted extensive damage to the country.–.-ALAKESWARA

 

 

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