- Pardoning Ramanayake is the greatest political hoax of recent times
- Harin Fernando promised to wear a black ‘saatakaya’ or shawl in Parliament as a mark of protest, until Ramanayake was released. He also pledged to resign from his National List seat in Parliament if Ramanayake was indeed released, so Ramanayake could return to Parliament.
- No one- not even the self-proclaimed constitutional expert Wijeyadasa Rajapakshe- seems to be able to state with any degree of clarity or certainty what these ‘conditions’ are. A clumsily worded statement from the President’s Media Division (PMD) said that Ramanayake was pardoned on the condition that he refrains from making any comments that would be in contempt of the court in the future.
- That is a laughable assertion, not a condition. No one, Ramanayake and every Tom, Dick and Harry included, is allowed to make statements in contempt of the courts. If they do, they will be charged and punished if found guilty- which is exactly what happened in this instance. There is no need to re-iterate that message is a special ‘condition’. It is akin to a murderer being pardoned on the condition that he should not commit murder again!
Perhaps the greatest political hoax of recent times was carried out by the government of President Ranil Wickremesinghe last week. That was none other than the ‘pardon’ granted to former parliamentarian and veteran film artiste Ranjan Ramanayake last Friday.
In reality, Ranjan Ramanayake was not pardoned last week. In fact, he was imprisoned on Friday. To realise why, the facts related to this issue need to be reviewed and understood in the proper legal and political context.
Ramanayake was charged with and convicted of contempt of court for remarks he made during an interview with a private television channel in August 2021. In January 202, he was sentenced to four years of rigorous imprisonment by the Supreme Court.
While he was serving that sentence, he was again charged with contempt of court for a second time for making remarks against Justices of the Supreme Court who heard a fundamental rights petition challenging the decision of then President Maithripala Sirisena to dissolve Parliament in 2018.
The Supreme Court which reviewed this matter sentenced him to two years imprisonment but suspended the sentence for five years. Following these verdicts, Ramanayake forfeited his seat in Parliament in April 2021.
Since then, the Samagi Jana Balavegaya (SJB), the party which Ramanayake represented in Parliament had been agitating for his release, both in and out of Parliament. Taking the lead in this effort was Harin Fernando.
In calling upon then President Gotabaya Rajapaksa to pardon Ramanayake, Fernando promised to wear a black ‘saatakaya’ or shawl in Parliament as a mark of protest, until Ramanayake was released. He also pledged to resign from his National List seat in Parliament if Ramanayake was indeed released, so Ramanayake could return to Parliament.
However, Fernando decamped to the government while Rajapaksa was still President claiming to become ‘independent’ and took up the Tourism portfolio as did his good friend Manusha Nanayakkara who was handed the Labour and Foreign Employment ministry. As a minister in Rajapaksa’s government, Fernando did not wear the black shawl in Parliament though Ramanayake continued to languish in jail.
With Rajapaksa’s hasty departure and the assumption of the Presidency by Ranil Wickremesinghe, there was a renewed clamour for Ramanayake’s release. There was feverish speculation in the media that this was imminent and that Fernando and Nanayakkara were working overtime to secure the pardon, along with Justice Minister Wijeyadasa Rajapakshe.
The pardon did eventuate last Friday but what a disappointment it was: it was announced that he had been granted a ‘conditional’ pardon.
No one- not even the self-proclaimed constitutional expert Wijeyadasa Rajapakshe- seems to be able to state with any degree of clarity or certainty what these ‘conditions’ are. A clumsily worded statement from the President’s Media Division (PMD) said that Ramanayake was pardoned on the condition that he refrains from making any comments that would be in contempt of the court in the future.
That is a laughable assertion, not a condition. No one, Ramanayake and every Tom, Dick and Harry included, is allowed to make statements in contempt of the courts. If they do, they will be charged and punished if found guilty- which is exactly what happened in this instance. There is no need to re-iterate that message is a special ‘condition’. It is akin to a murderer being pardoned on the condition that he should not commit murder again!
What then are the real conditions? A hint about this came in the media briefing held by Ramanayake, where he was flanked by Leader of the Opposition Sajith Premadasa. Premadasa suggested that although Ramanayake had been ‘pardoned’ and ‘released’ from prison, his civic rights may not have been fully restored.
Indeed, under the provisions of the Constitution, Ramanayake now stands disqualified from not only contesting for future elections but even voting at such an election. This is by virtue of Section 89 (d) of the Constitution
This clause states that no one can be a voter “if he is serving or has during the period of seven years immediately preceding completed serving of a sentence of imprisonment for a term not less than six months imposed after conviction by any court for an offence punishable with imprisonment for a term not less than two years”. Ramanayake fulfills all these requirements for disqualification.
By virtue of being so disqualified under section 89(d), Ramanayake is then also debarred from contesting elections under Section 91 of the Constitution. This period of disqualification will extend well beyond the next general elections which are due in 2025.
What is diabolical about all this is that the Constitution does have provision for Ramanayake to be pardoned without being so disqualified. These provisions are specified in Section 34 (2) in the Constitution.
This clause states that “the President may in the case of any person who is or has become subject to any disqualification specified in Article 89 or Article 91, grant a pardon, either free or subject to lawful conditions; or reduce the period of such disqualification.
Therefore, President Ranil Wickremesinghe could have, if he so wished, granted a ‘full’ pardon to Ramanayake which not only sets him physically free from prison but also rescinds the disqualifications which are inherent from his conviction. Wickremesinghe has chosen not to do so.
The question is, why? Does Wickremesinghe hope to rope in Ramanayake from the SJB to his own United National Party (UNP)? Is he awaiting Ramanayake’s next political move to then grant a ‘full’ pardon?
Or is it that, with Ramanayake representing the Gampaha district, there is an attempt to avoid a clash between Ramanayake and Harin Fernando who will also be contesting from the Gampaha district at the next elections? Is this the ulterior motive behind Ramanayake not being granted a ‘full’ pardon?
Whatever it is, it is clear that those celebrating Ramanayake’s release are oblivious to the truth. Ramanayake walked free from behind those large doors of the Welikada prison last Friday. Yes, he is now a free man physically. However, he has been imprisoned politically- and Ranil Wickremesinghe who has the power to release him from that political prison has opted not to do so.
That is hardly a reason to celebrate.
