Attempts By Prof.Peiris
And Dr. Senaratne To Create A Precedent In Favour Of S.B.Dissanayake
Questionable!
World Council Of Sinhala
Peers For LankaWeb
Somewhat perplexingly though not unsurprisingly, the likes of Prof.G.L.Peiris
and Dr.Rajitha Senaratna continue to campaign for the freedom of criminally
indicted S.B.Dissanayake on the grounds of freedom of expression.
also insisting that The sentence of the Supreme Court does not deprive
him of the seat in Parliament and his wages and that the judgement
is undemocratic and illegal.
Are they making a statement that ' Freedom Of Expression' permits
any individual to make contemptuous and high handed statements in
public against the Highest Court in the Land and its adjudicators
with impunity or is this a continuation of arrogance the two individuals
are now gaining a reputation for in addition to that of the individual
in question now behind bars?
How they arrived at this conclusion and what they base their conclusions
on seem to add to the questionable nature of their campaign to free
Dissanayake despite the section of the Constitution they have quoted
perhaps in misinterpretation, as the disentitling of the civic rights
of anyone indicted for an offence against the State must take precedence
over and above any other interpretation however emotional the rationale
might be! The Constitution very clearly states in Section 89 quoted
by Peiris and Senaratne that an MP loses his seat in parliament only
if he was jailed for an offence punishable by a minimal term of two
years . Bearing in mind that the sentence was for 2 years hard labour
and involved an automatic loss of his Parliamentary entitlements there
seems to be little left towards any argument based on any technicality
to the contrary that the decision was correct as are the consequences
which are being disputed more on sympathy than legality, to all appearances!
Beaing in mind that these are individuals of assumed high intellect,
what seems more perplexing is the manner in which they have attempted
to circumvent the reality of the criminal nature of the man indicted
not only for contempt of court through his insidious and libellous
remarks against the Sri Lankan Judiciary on more than one occassion
at public gatherings despite previous official warnings as well as
the recent charges of bribery and corruption which are more than likely
to be proven given the evidence which appears to be unsurmountable
and incriminating.
The words and actions of messers Peiris and Senaratna as expressed
are merely tantamount to bifurcated legal jargon of inappropriate
perspective and misconstrued legal definition against a decision made
by the Highest Court in the land and non appealable to add to their
chagrin! It certainly brings the more discerning mind to wonder what
their expectations are and whether they have ever paused for a moment
to evaluate the futility of their campaign to free their colleague
and the extent to which they seem to voluntarily elicit public ridicule
upon themselves without considering the consequences of their somewhat
irresponsible posturing and rhetoric given their status.
Just recently other criminal charges laid against Mr.S.B.Dissanayaka
have been made public for his alleged misappropriation of Samurdhi
Funds allocated for rural development and the stark reality of how
despised the man is by many Sri Lankans, particularly the poor in
his own constituency Hanguranketha. Based on the evidence against
him, the animosities of many have even been reflected through the
lighting of firecrackers and open jubilation of cheers and celebrations
when news of his arrest and indictment was known! It is common knowledge
that the man at times resorted to strong armed tactics against people
opposed to him and maintained an imposing and intimidatory environment
to suit his purpose and means through his aides de camp probably translatable
to common thuggery according to the record and even reflected by the
actions of his two sons on occassion!
Bearing in mind that the criminal liability of Dissanayake as evaluated
by the Highest Court in the land the Supreme Court Judgement was a
collective decision of legal wisdom based on incriminating evidence
carefully recorded, scrutinized,evaluated and finalised by a panel
of the best legal eagles of the land and its highest adjudicator,
there seems very little the likes of messers Peiris, Senaratne and
any other aspiring would be ursurpers of a major Supreme Court decision
such as this could do other than cause cheap sensationalism amongst
a vastly skeptical audience and further prejudice the minds of many
Sri Lankans who already hold them in disdain and doubt their credibility.
Quoting Dr, Rajitha Senaratne it has been reported that " they
were collecting signatures for a public petition calling for a release
of Mr. Dissanayake and hope to collect one million signatures. The
Maha Sangha including the Mahanayakes of Malwattha Asgiriya and Amarapura
Chapters, eminent people including artists University vice chancellors
and lectures have already signed the peition," end quote where
clarification as well as verification of the accuracy of this statement
may be in order due to the apparent innuendo and speculative nature
of the statement where the sources quoted are probably more speculative
than real and evidence of a more tangible nature than rhetoric probably
needed!
Former UNP Minister S.B. Dissanayake, is now serving prison term on
a charge of contempt of Court. On Friday 28th Jan 2005, The Commission
to Investigate Allegations of Bribery and Corruption under the Bribery
Act served an indictment against Mr Dissanayake before the High Court
Judge The Hon.Rohini Perera.
Perhaps Messers Peiris and Senaratna may be inadvertently invoking
the same contempt of court charges brought against Dissanayake, upon
themselves should the Judiciary decide to interpret the matter in like
manner and caution might be better exercised by the individuals in their
attempt to create a precedent towards having a Supreme Court decision
overthrown in favour af an individual now regarded as none other than
a common criminal sentenced to hard labour who never considered the
consequences of his actions as detrimental to himself in indulging in
a diatribe against officialdome deemed punishable by law!
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