Posted on January 9th, 2013

Dr D.Chandraratna, Perth, Western Australia

The intelligent public in Sri Lanka is indignant with justification at the regular walking out behavior of Sri Lankan Parliamentarians and high executives, a recurring contagious madness of late.  Walking out may be an individuals right but they should not forget that the public have a right to an explanation since they have been milking the trappings of the high life on the public purse. The walk out by the embattled CJ purportedly on the instructions of her counsel was a sad story.  Like in a children’s tale the explanation was bullying. Bullying is obnoxious behavior, though some contend that it is in the eye of the beholder, and cannot be condoned. But in this particular instance the CJ and her advisors proliferated it into a farce and thereby deprived the much embattled CJ the opportunity to salvage her reputation. A sideways glance, a frown, and worst of all a disagreeing opinion or judgment is not reason enough to deprive the explanation that she owed to the Sri Lankan public.  Frank and honest explanation for her indiscretions, perhaps contrition may have had better historical value rather than the misogynist allegation against the members of the PSC.  History never records such trivia. Had the CJ and her lawyers taken the opportunity to respond to all the alleged misdemeanors the winging that we hear after the event could have been eliminated?

What has gone wrong with the Parliamentarians to walk out of the PSC having agreed to serve as per the ruling of the speaker? Walking out was cowardly and opportunistic to say the least. It would have added to the glory of the Grand Old Party had they written a minority report elucidating the points of disagreement plus alleged unruly misogynistic behavior, if they had seen any, that they could not stomach. People do not elect their representatives to withdraw from their responsibilities because by doing so they are depriving people of their voice.  Such immature behavior should not be tolerated and the scaremongering of an impending dictatorship having contributed to such by non participation is   hypocritical. You do not become a leader by walking out due to a flash of emotion for it is unhelpful, and worst of all, a derogation of responsibility.

If the opposition is planning “ƒ”¹…”a walk out’ of the upcoming debate, once again it is a dereliction of duty. The contribution an opposition can make to a robust democracy is demeaned by such errant behavior.  Excellence in democratic values far exceeds the wrangling over the short term gains and the opposition has still not realized that the stance of being an alternative government of the future is eluding them or else they have lost all hope. It is sad that the role of the alternative government has come to such a sorry pass. They seem only going through the motions unable to be inspired by the democratic process. If their intention is to create a toxic environment as in Egypt, they will soon realize that it will only be an optical illusion to the sight-challenged politicians.

Adding to this silly irresponsible behavior of the politicians the judiciary has arrogated to itself responsibilities that are not theirs.  It is their role only to give impeccably well reasoned judgments. Trial judges make mistakes but when it comes to constitutional matters misinterpretations at the highest echelons show lack of diligence to constitutional rules, stability of governance and fair play. Shallowness of legal knowledge can excuse laymen but lack of attention to detail will not add to the integrity of the judiciary.  Current court decisions are out of this world and unfair to the honorable jurists who have adorned the Sri Lankan bench in the past. As many would say the judges should be wary not of God’s wrath but the terror of scandal.

Supreme Court decisions should also take account of the wider picture. No decision even when it is legally correct has to be weighed against the wider objective of not leading into a state of national confusion and turmoil. There is a campaign to destabilize the country and a transnational conspiracy is brewing with the assistance of the locals, both paid and unpaid, who are worshipping foreign Gods to bring down the Rajapaksa regime.  Manipulating the judiciary could be one of its last straws having failed before. Ill conceived judicial decisions can only add to the uncertainty that detractors are praying for. All those who are participating in destroying the nation state will be judged harshly and permanently too.




  1. nilwala Says:

    Escellent, Dr Chandraratna!
    It is about time that this “walking off” behavior which stems from an attitudinal stance, is dealt with as it is a tactic that has been used time and again by the TULF (most famously at Thimpu, but probably at previous negotiations too), and the TNA (which also refuses to participate in talks), and now by the CJ (on advisement from her lawyers one presumes, per the timing of the event after the tea-break), followed by walk-out by her lawyers who were there to defend her case, and then by the Opposition members of the PSC.

    This abdication of responsibility to stay and talk, to debate and argue, to negotiate and find solutions is a matter of concern as it is a “stand off ” stance that prevents reconciliation. I have commented on this in previous LankaWeb threads. Now that it has been demonstrated by the highest in the Judiciary as well as by the best lawyers in the country and some top legislators in the country, we need to find what ails us. Does it happen only when one sees that one’s arguments may not be serving one’s agenda? Or is it a cultural thing that is ingrained in our society?

    It is time we took the initiative to discuss this childish behavior and look at the underlying psychological issues that could explain this immaturity. Especially when such behavior is displayed by educated persons and Court/legal personnel in whose hallowed halls similar behaviour by regular citizens would be issued with Contempt of Court notices and be handed prison sentences, one regrettably notes that something is seriously wrong.

  2. lingamAndy Says:

    This abdication of responsibility to stay and talk, to debate and argue, to negotiate and find solutions ! Yes All Tamil tried & got solution BC aggrement , DC aggrement , CFA with Ranil Govt than We both know what happend to those agrrement !!!
    so it best way of deal any problm in mother lanka to find lasting solution “THE ‘WALKING OUT’ !

    TNA will never participate in PSC ! well done TNA “THE ‘WALKING OUT’ !!!

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