අඬමුද? සිනාසෙමුද?
This article critically examines the controversial tenure and actions of former Chief Justice Sarath Nanda Silva, detailing his abuse of judicial power for personal and political gain. It outlines his role in imprisoning S.B. Dissanayake to appease President Chandrika Kumaratunga, his subsequent legal betrayal of Kumaratunga following a personal insult regarding his behavior toward women, and his intimidation of treasury officials to secure an abnormally high pension. The author also provides a detailed investigative account of a 2004 incident near Diyawanna Oya, where police allegedly found the Chief Justice half-naked in a parked vehicle with a woman, using the cover-up of this event to highlight the systemic corruption and apathy within Sri Lanka’s political, parliamentary, and judicial systems.
සිරසට එල්ල වූ ප්රහාරය හා ඉදිරිය දැකීම
The attack on Sirasa’s head office in Braybrooke Place makes an ugly picture for the government, which has clashed with the network since the war and appeared to want it punished. Whatever set off this second attack, it looks like a campaign by the government or people connected to it against a media house that backed the opposition at the presidential election. Ivan concedes the government could argue Sirasa obstructed the war — a state may suspend most fundamental rights in wartime, and the power to wage war rests with the state, not with journalists — and notes that the press did not obstruct the campaigns against the two JVP insurrections, saving criticism until afterwards. But the war ended more than six months ago and the President has since won the election too. Supporting Fonseka was not illegal, and the winner is the one who should let old grudges go.
රටට වෙනස්කම් අවශ්යද?
Given how rotten the political system and state administration had become, Ivan writes, winning the separatist war should be counted a miracle — the armed forces and police included people working for the LTTE for money, which shows how far the institutions had decayed. The question now is whether to go forward with that rot or reform it. Every important part is corroded: legislature, executive, electoral system, courts, public service, public services, media. The President has accepted change is needed but has set out no philosophy beyond the voting system and cabinet size, and it is unclear whether he means to win two-thirds by agreement with the opposition or by buying its members across. Ivan lists what remains unresolved — the executive presidency, a German-style mixed electoral system, the constitutional council killed after the 17th Amendment, judicial power used oppressively, customs revenue of which perhaps a quarter reaches the treasury, and education adrift.
වේගවත් ඉදිරිගමනක් සඳහා දූෂණයට වැට බැඳිය යුතුය
Sri Lanka can only move quickly after the war if it reforms the political and institutional obstacles in its way, and cutting the cabinet to thirty-five is a start. Ivan attacks a convention he traces to J.R. Jayewardene: letting ministers and office-holders enrich themselves from the transactions of the ministries beneath them, which drains the treasury and turns politics from a matter of honour into a squalid way of making money. He questions the privileges — two vehicle permits for a six-year term when one car easily lasts six years, permits for officials who already have official cars, ministers running fleets, backup vehicles for bodyguards now the war is over. Corruption is not confined to politics: Customs collects perhaps a quarter of what it should, and Inland Revenue, Motor Traffic and Excise are no different. Information technology could triple that revenue at modest cost.
නව ආණ්ඩුක්රම ව්යවස්ථාවක් ඇතිකර ගැනීම
Constitutional reform deserves more of the public’s attention than the parliamentary election itself. The government asks for a two-thirds majority to change the system, but Ivan argues it does not need one: a constitution is a social contract, and no single party represents the whole of a society made up of the SLFP, the UNP, the JVP, the Tamil National Alliance, the Hela Urumaya and much else. Sri Lanka’s record here is poor — three constitutions since independence and now a fourth, where countries write them to last centuries. America has the world’s shortest and has not tired of it in two hundred years; India has the longest and credits it with meeting each challenge. Bandaranaike in 1970 and Jayewardene in 1977 both used their majorities to exclude the opposition; Nehru, with a comparable majority, spent three and a half years including everyone. Rajapaksa should not repeat their mistake.
පාර්ලිමේන්තු මැතිවරණයෙන් පසු
With the opposition’s enthusiasm spent and its forces fighting the parliamentary election separately, Ivan expects the government to take 130 to 135 seats. He argues this is the historic moment for constitutional reform, and that it will only command respect if the opposition is brought in rather than bypassed by buying UNP members across. His programme: a mixed German-style electoral system, internal democracy in parties, publication of asset declarations on a website for continuous public scrutiny, the information act Milinda Moragoda has proposed, and opening parliamentary committees to the press. On devolution he proposes abandoning the province as the universal unit — keeping it only for the North, where the Tamil majority is overwhelming, and using the district everywhere else, with village councils on the Indian panchayat model beneath. He notes the President won 58 votes in every hundred and his opponent 40, and that reform must include the 40.
හිටපු අගවිනිසුරු සහ ජීඑස්පී ප්ලස් සහනය
The EU has suspended Sri Lanka’s GSP Plus concession, worth 78 million euros in 2008 against exports of 1.24 billion. Government, exporters and commentators alike have forgotten what caused it: two rulings by former Chief Justice Sarath Nanda Silva, the same man now lecturing the country on international law. Under the ICCPR, citizens could petition the UN Human Rights Committee where the highest court failed them, and most complaints heard concerned Silva’s own conduct — among them Tony Emmanuel Fernando, jailed a year for contempt on a false charge after suing over withheld case records, and assaulted in prison the day he was committed. Silva also barred a work-to-rule at the port, which the ILO found breached its convention, and then disparaged that convention in open court with an ILO representative present. Correcting those two wrongs would be enough to recover the concession.
ජනමාධ්යවල සමාජ වගකීම
The coarseness ruling Sri Lankan politics is equally visible in the media, and in the temple, the church and the courts. Journalists are the teachers of modern society, but teachers without learning, training or reading do damage. Television and radio carry almost nothing of intellectual value: political discussion programmes pick guests the way a cockfight picks birds, and a presenter succeeds by turning the discussion into a brawl. Stations chase audiences with giveaways rather than quality, some pushing the foolish belief that listening all day can make you a millionaire. Ivan argues the media could fill the gap left by the absence of career guidance in schools — European countries want skilled tradesmen more than professionals, and nurses trained here cannot work abroad because their training omits English. Channels teach French and Italian cooking; few Sri Lankans can cook rice properly or make a decent cup of tea.
අශීලාචාර තැනක තිබෙන්නේ දේශපාලනය පමණක්ද?
A satirical column by Vimalanath Weeraratne about Ivan’s role in securing the Lanka editor’s release provoked a crisis at Ravaya: Ivan announced he would stop writing for the paper, and Janaranjana offered to resign as acting head of the editorial board before the matter was settled. Ivan defends his interventions with the President — for the Lanka editor, for Parameshwari, for a detained astrologer — and denies rumours that his son was sent abroad at state expense. He then turns on his own profession, arguing journalists are as disreputable as politicians: the fabricated story of Premadasa bathing in milk drew condemnation for the attack on the printing press but none for the reporting that provoked it, and foreign-registered websites now let anyone publish gutter journalism beyond reach of the law. He closes with his own inquiries into Prageeth Eknaligoda’s disappearance.
යහපත් අනාගතයක් සඳහා
Sri Lanka should not go on manufacturing new conflicts once an old one ends. Fonseka’s arrest looked at first glance like the winner punishing the loser, but the President’s account is that the army authorities wanted to court-martial Fonseka over matters arising from his time as Chief of Defence Staff, and that he instructed them to wait until after the election so it would not appear he was blocking his opponent from standing. If the process cannot be reversed it should at least be transparent, and a conviction could be met with a pardon in view of Fonseka’s war service. With the war over, the President’s duty is to soften his administration: let the opposition campaign unhindered, invite back journalists who fled, investigate the one who disappeared during the campaign, and legislate on torture and children’s rights — which would also restore GSP Plus.