LankaWeb Weekly Editorial

16 July 2010
In a ill conceived news bulletin on a local pro communist website it has been reported that President Mahinda RajapakseƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s Government has invokedƒÆ’-¡ƒ”š‚  draconian emergency regulations to lay serious criminal charges against the defeated president candidate, ex-Army Commander Gen. Sarath Fonseka which seems not only a distorted misrepresentation of facts but the furthest from the truth!
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While the democratic tolerance which permitted the incarcerated ƒÆ’-¡ƒ”š‚ Ex General to present his nomination let alone running for presidential office by itself is a debatable issue due to the criminal nature of the charges against him which were based on well researched intelligence investigations as well as credible as well asƒÆ’-¡ƒ”š‚ tangible evidence based upon his movements, public statements and a devil may care attitude towardsƒÆ’-¡ƒ”š‚  how he sought his ambitions after retirement while also issuing open threats to the President and the incumbent Government there would hardly be a need to resort to emergency measures to carry out the law which is laid down in the Constitution of Sri Lanka of which the man is openly guilty of violating and to those who attempt to suggest otherwise, words of caution need to be issued as they too could be found in direct violation of the laws of the land leaving aside all democratic paradigms which are often used by such anti Government sloganists who tend to hide behind related leniencies making a mockery of the democratic institution towards their own advantage!
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Basically it seems somewhat of a joke that an individual accused of treasonous behaviour in addition to illegal corruptƒÆ’-¡ƒ”š‚  and fradulent practices in connivance with family membersƒÆ’-¡ƒ”š‚ is even permitted to run for office until his name has been cleared of all the accusations levelled at him and the chargesƒÆ’-¡ƒ”š‚  which are of a very serious nature linked to evidence beyond speculation and conjecture set in cast iron definitiveness are indelibly accurate according to many legal analysts and perhaps all the pro Sarath Fonseka sycophants need to bide their time until closure on related issues is reached rather than carry ludicrous accusations which are more than likely to boomerang on them once the Fonseka Trial is over and start looking for alternate excuses towards justifying their rhetoric which of course appears toƒÆ’-¡ƒ”š‚ run from the sublime to the ridiculous.
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The Retd. Gen. Fonseka being held in military custody for more than five months, is neithr aƒÆ’-¡ƒ”š‚ sin of ommision nor a move to silence him as suggested by certain anti Government elements and nor is itƒÆ’-¡ƒ”š‚ “ƒÆ’-¡ƒ”š‚  yet another indication of RajapakseƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s “increasingly totalitarian measures as the Government prepares to impose severe austerity measures on the working class and poor.” which of course is typical Marxist rhetoric” unaccceptable to the democratic climate of rebuildingƒÆ’-¡ƒ”š‚  presently prevalent in SriƒÆ’-¡ƒ”š‚  LankaƒÆ’-¡ƒ”š‚  which was ushered in, in the aftermath of the tumultuous defeat of theƒÆ’-¡ƒ”š‚  near nation destructive insurgency by Tamil Tiger terrorists which lasted 3 1/2 decades and the measures being taken presently very conducive towards the future of the Nation rather than the negative overview by some dissidents almost in idiosyncratic persistence relative to Sri Lankan politics and something which will never go away even if Sri lanka surpassed the economic growth acheivements of a country like Singapore which in all probabilitiesƒÆ’-¡ƒ”š‚ the Nation of Sri LankaƒÆ’-¡ƒ”š‚ is poised to do so in the near future as statistics indicate!
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This said with a margin of tolerance towardsƒÆ’-¡ƒ”š‚  particular socio economic barriers relative to population, surface area and the gross national product where the relativities surely revolve around prevailingƒÆ’-¡ƒ”š‚ mitigating factors.

ƒÆ’-¡ƒ”š‚ To criticise Attorney General Mohan Peiris’ formal request thatƒÆ’-¡ƒ”š‚ the Colombo High CourtƒÆ’-¡ƒ”š‚  appoints a three-judge bench for a special trial on the grave offences allegedly committed by Fonseka is perhaps indicative of how determined certain sources are to denigrate the Administration of Sri LankaƒÆ’-¡ƒ”š‚ and insist that ” suchƒÆ’-¡ƒ”š‚ trials are heard without a jury, and those found guilty can appeal only once before the Supreme Court ” whichƒÆ’-¡ƒ”š‚  by itselfƒÆ’-¡ƒ”š‚ seems a distortion of facts as there indeedƒÆ’-¡ƒ”š‚ should beƒÆ’-¡ƒ”š‚ a jury present towards such trials although the Supreme Court appeal being a one time deal appears well within norms. The structuring of a closed military tribunal if it was indeed the instrument of procedure towards this trial would be heard before a panel of military adjudicators behind closed doorsƒÆ’-¡ƒ”š‚ which of course is not the case here and irrelevant although it perhaps would have beenƒÆ’-¡ƒ”š‚ the better alternative in the minds of some!
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If Retd.Gen Sarath Fonseka has been charged with two offences under the emergency laws, one of ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-spreading … a false statement that could cause panic or inflame the publicƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚ and one of ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-providing information … that could directly or otherwise incite racial feelings.ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚ƒÆ’-¡ƒ”š‚  and each charge could mean imprisonment for up to five years it will be a carriage of justice within the statutes of Sri Lanka which in certain other parts of the world if interpreted as treasonous behaviour could mean the death penalty where the General should consider himself fortunate.

ƒÆ’-¡ƒ”š‚ The critics of the GovernmentƒÆ’-¡ƒ”š‚ consequently being critics also ofƒÆ’-¡ƒ”š‚ the laws of the land have further attested to the legalities involved relative to the the jailedƒÆ’-¡ƒ”š‚  General who has also been charged under the Penal Code with ƒÆ’‚¢ƒ¢-¡‚¬ƒ…-providing information … that could directly or otherwise rouse racial feelings by spoken or written word intended to … cause disaffection among the population against the legally constituted government of Sri Lanka or trying to foment hostile feelings or disharmony amongst such populace or different classes.ƒÆ’‚¢ƒ¢-¡‚¬ƒ”š‚ This charge carries a punishment of two years rigorous imprisonment where once again according to emergency law constitutes sedition and incitement which in certain other parts of the world carry the death penalty and a case in point towards leniencies which perhaps have been instituted by the compassion of the President himself who may have waived of the so called ‘draconian measures ‘ he is often accused of unfairly.
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Perhaps some of the critics of the present Administration are getting carried away with their rhetoric which is hardly beneficial towards Nation development whilst making fools of themselves through the vagaries of their own misconceptions!