Wednesday, January 13, 2010

Sarath Silva in the hot seat

C. Wijeyawickrema, LL.B, Ph.D.

The Daily Mirror interview of Sarath Silva by Diane de Silva reveals the extent to which a former Chief Justice can go in playing the game of distorting and twisting facts because of his personal anger against a village man who became a successful president. He hoped Mahinda Rajapaksa (MR) would be a Sakra Deyyyo! Whatever has happened to Sarath Silva’s legal training based on logic and reason? The unreasonable excuses that he gave to justify his decision to work against MR makes one wonder if he has also become a victim of an IC plan to try to make a regime change in Sri Lanka with the aim of destabilizing the country and to punish MR for the “return-humiliation” given to the former white colonial masters who continued humiliation (Asians are barbarians and God wanted the white man to civilize these lazy people) as a strategy to exploit former colonies. Then as well as now, white agents have implemented this strategy using local black-white agents as cat’s paw. Sarath is a known black white who thought that law must be taught in English at the Law College.
When you read the following itemized list you cannot think he made genuine mistakes, not knowing the facts.

1. He says what made him decide that MR should be removed was the government ignoring his decision to reduce petrol price by 40 rupees. Instead, it was reduced only by 2 rupees. He says it was not only a violation of the Court’s decision but was an insult to the Court. He says the price was now reduced by 15 rupees which means that it could have been done then as he ordered. The order was made to help the poor people, he says. But Sarath was silent about the price of fertilizer sold to famers, and SC was not supposed to get into price control business.
I would not approve bringing PB Jayasundara back to government service, but it was possible because the court did the donkey’s job without asking the dog to do the job. The court should have referred PBJ’s crimes to his employer instead of stepping into employer’s shoes. It was this technical mistake that allowed a loop hole to PBJ’s return.
Sarath Silva did not realize that his job is to interpret the law and not to implement the law. After making this mistake of getting into politics Sarath had to face a humiliating political rebuff. For this he should not feel insulted as it was due to his own unnecessary involvement in other people’s affairs. Deciding oil price was not a job for the SC.

2. A funny thing that I noticed at his interview was his use of I did this and I did that mode as if he was the SC. It is like the other Sarath saying I won the war, I killed Prbakaran with weapons imported by Chandrika. Yes, he was its CJ but he cannot say he did or judge x, y or z did it. It was collective use of judicial power of the state or the people. In the case of USA, time periods of its Supreme Court are expressed as Burger Court, Warren Court etc. using the name of the respective CJ. But that did not mean that a particular CJ personally gave the decisions or claim ownership of running the battalion.

3. Sarath says that MR opposed the demerger of NP and EP and he was the one who did it. Again, it was as if he had countervailing facts to dismiss the logical arguments made by the petitioners’ lawyers, H.L.de Silva, S.L. Gunasekera and Gomin Dayasiri. Again, as if he was the owner of the SC to say that he demerged N and E. If he on his own activated the inherent powers of the SC to render this decision, only then he can claim that he did it.
He says MR opposed the demerger because the Attorney General wanted to dismiss the petition. The petitioners’ complained against the GOSL. Whatever was his personal position at that time, MR cannot tell the AG to not defend the government. Legal systems do not function that way. So Sarath is using this situation to now say that he wanted the demerger but MR wanted the merger. Was that a reason for Sarath to now support or open up the topic with TNA separatists on whether the re-merger should be judicially examined?

4. Sarath is for the restoration of democracy and parliamentary supremacy. But he knows very well that whatever little value representative democracy had in Ceylon/Sri Lanka was taken away by JRJ-RPremadasa twins with a new system of elections. Any tinkering of the JRJ’s bahubootha thing will not restore anything but further increase chaos and destabilize the country, justifying a military junta.

Who select the members of the CC under 17-A? It will be the jokers who became MPs from the party bosses list prepared in Colombo offices. The CC will be a political agency sabotaging president’s plans of action. We saw how Jayadeva Uyangoda became the saint needed for a saintly CC. The solution is therefore, not 17-A, but junk the JRJ thing and prepare a new constitution similar to the 1947 Constitution.

5. Sarath now says the Executive presidency will not be abolished. Instead its powers will be reduced until such time a new constitution is approved. For example, he says that the president will not be allowed to take ministries under him. But Sarath F says he is going to keep at least five key ministries with him such as education, finance and security. So what will happen? Who is right? Sarath S or Sarath F? What will happen in between until the new constitution is ready?
After watching Sarath in hot seat I am fully convinced that this Sarath-Sarath-RanilW-JVP project is nothing but an international colonial plot against the 2500-year old heritage of Sri Lanka which MR saved from destruction, against all odds, on May 18, 2009. The western plot to project Sarath F as the proverbial Prince Diyasena, who came to politics to save the island from the Rajapaksa family has already failed because of badmouthing by the principal actor and some TNA separatists. It can be called the second Bay of Pigs invasion of Cuba in Sri Lanka. Sarath Silva in his Daily Mirror interview revealed that he cannot even be a shadow (cardboard) Diyasena kumaraya helper!
I say MR is a gem in the mud because I do not support him blindly. I support MR because as in 2005, Sri Lanka can be saved only by MR in 2010. Yes, he made lot of civilian political mistakes. But he had to operate in a prison created by Prabakaran and the previous PMs and Presidents. Tamil terrorists have infiltrated even the President’s office and residence, and it was in such dire conditions that he saved the country. Saraths can go to Jaffna exposing their belly buttons and surgical wounds because of the political leadership given by MR.
Basil Rajapaksa handled the East and North reconstruction the way General Marshall handled post-Hitler Europe. But the Basil model was not suitable for the south. He cannot be the person with thousand eyes and hands. The delegation of powers and utilization of honest and non-political public servants were neglected by Basil. The corruption trio—politician, public servant, NGO—capitalized on this and made lot of money, and now Basil is blamed for all that. But, that is no reason to not give a chance to MR again as he has the potential to begin a second war against corruption. Most importantly, the two virgins (Sarath and Sarath) are not virgins, and are agents of white colonialism.

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