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.

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.

ආපසු හැරී බැලීමක් සමග ඉදිරිය දැකීමක්

Ivan sets out his own positions and why they left him isolated. He held that the Tamil rebellion was inseparable from Tamil grievances and had to be settled by negotiation — until it became clear the LTTE would accept nothing short of a separate state or confederation, at which point he supported defeating it militarily. He backed the war publicly and predicted the LTTE’s defeat while most of Ravaya’s own writers argued it could not be won. On the killing and beating of journalists he told colleagues the blame could not be laid wholly on a government unable to move against its army commander mid-war, and was angrily rejected by Sunanda Deshapriya. He records that this was the third insurrection he supported suppressing, including the 1971 rising he took part in himself. At the presidential election his loyalty was to Rajapaksa, whose remaining task he defines as remaking the state and political system.

ජෙනරාල් අත්අඩංගුවට ගැනීම

The timing and manner of Fonseka’s arrest were both wrong. He took 40 votes in every hundred cast against the winner’s 57 — 4,173,185 against 6,015,934 — which makes him, whatever his background, the country’s second accepted leader. Arresting the loser at the close of a presidential election looks like reprisal, and looks worse still while he is challenging the result in court: a move to block the election petition. Military law should apply to serving soldiers, and Fonseka has retired; offences discovered after retirement, if criminal, belong in the ordinary courts. The government has stained its own victory and made a new hero of the man the voters rejected, and his wife Anoma will become a political figure carrying the grievance from platform to platform. The president stopped two earlier attempts at this arrest and was abroad for the third; correcting it is his responsibility, and a test of his character. The example to follow is Dutugemunu’s treatment of the defeated Elara.