PARLIAMENT SHAMED!

by Prasad Gunewardene - From Ceylon Today

'All persons are equal before the law and are entitled to the equal protection of the law' (Article 12 (1) of the Constitution of Sri Lanka). All former Executive Presidents of the country are covered by that clause in the Constitution and does not enjoy immunity. When summoned by law enforcement authorities, any commission or tribunal, as citizens of this country they are compelled to appear before such institutions. The Constitution does not provide exceptional or exclusive treatment to former Presidents.

Chandrika and Mahinda are now ordinary citizens of this country though they were former Presidents. If summoned by any tribunal they should present themselves before such tribunals. The law does not permit former Presidents' to demand that members or officials of such tribunals to visit their residences to investigate or record statements. If that is the case for Chandrika and Mahinda, all citizens in this country could request the tribunals and the police to conduct inquiries and record their statements in the same manner.

Former Presidents should not turn democracy into a mockery. Once defeated or retired from office, they should not interfere with the State administration. Had they misused or abused power, they should abide by the norms and principles of the law. The confusion over Mahinda being summoned to the Bribery Commission to record a statement last week terrorized democracy and turned the Parliament chamber into Night Club. The country's legislature had never been ridiculed in that dastardly manner in its history. The Speaker is the guardian of Parliament. Even in Parliaments which have bandits, criminals and prostitutes as elected members, they are not permitted to sleep the night inside the Parliament chambers. Contrary to such principles, we witnessed even actresses in three quarter pants sleeping in the 'well' of Parliament with their male colleagues. Reports said it was a 'gala' time inside the chamber and those protesting male and female members after delicious meals followed by a sing song fell asleep after 2.30 a.m. It would have been the most costly protest in the history. Thus, the 'Temple of Democracy' was turned into a roadside night club.

Democracy is rule of law. In democracy, law prevails supreme, and all have to unconditionally abide by the law in its words and spirit. Legislators cannot turn Parliament into a night club after the House adjourns. The high security zone around Parliament should not be allowed for protests. The protesting legislators and the unruly protesters made a mockery of democracy resorting to rule by law, where rulers behave as if they are the supreme and violate the laws in the name of democracy. Those elected legislators who prostituted democracy by making a mockery of Parliament are on the State pay roll at the expense of the rate payers in this country. They brought the country's sacred institution of the people into ridicule with men and women sleeping in the 'well' like tired night club goers. The people were angered over that dastardly act by the representatives whom they had elected. 'Can we continue to address them as honourable members', they asked.

The political intentions of these protesting MPs were obvious. They acted in that undemocratic derogatory manner to increase pressure upon the government and the central leadership of the whole nation. That's against the law and the people's will and the government needs to act firmly if there is any repetition in the future. The new government is just over three months old. The past and present experiences, behaviour of some members of Parliament, former leaders whom they support prove that they don't need a law of the land in the real sense, or for democracy. In other words, they prefer rule by law to rule of law. The Speaker who is the guardian of Parliament should not have allowed overnight protests inside the chamber. The Sergeant-at-Arms should have been directed to seek the help of the Parliament police to carry the protesting MPs out of the chamber after Parliament adjourned that day. Standing Orders of Parliament provides passage for the Speaker to take such action if MPs behave in an unruly manner inside the chamber or defy his orders.

Sri Lanka is a democracy which provides much freedom to her citizens. Legislators are elected to practice and protect democracy but they act to the contrary inside the very chamber from where they represent their people. Elected members in the opposition could speak out their opinion but cannot blackmail or threaten governments making a mockery of the Parliament chamber. Parliament Standing Orders have outlined a dress code for parliamentarians to enter the hallowed chamber. How could MPs enter that chamber in T-Shirts, coloured sarongs and woman MPs in three-quarter pants? What a disgrace! Once when Srimani Athulathmudali wore a knee level tight skirt due to a knee injury, the Speaker politely ordered her to leave the chamber as it violated the dress code. Last week we saw the 'Queen' of the silver screen Malini Fonseka and junior actress Upeksha Swarnamali returning to the protest in the chamber dressed in three quarter pants, to later sleep alongside their male colleagues. Surely, the Parliament chamber is not a film location for midnight shooting. It is the Supreme Legislature and the Temple of Democracy of the people.

The elected representatives have no right to undermine the dignity of that House, which is the pride of the nation.
Politicians in retirement should not attempt to disrupt democracy or destroy their own political parties. In the attempt to garner support from sections within their own parties, they only destroy the political future of those MPs. As Article 12 (1) of the Constitution specifies no retired President or politician is above the law. The law has provisions to protect them if they are questioned by law enforcement authorities. But Mahinda wanted something like; 'If Mohammed will not go to the Mountain, the Mountain must come to Mohammed', to happen. No veteran politician in this country was able to topple a new government overnight. They always played for time till such governments became unpopular. Mahinda must also remember that Maithri still enjoys the same executive powers he once exercised for a decade, until the 19th Amendment sees the light of day. Only fools rush in where angels dare to tread.
(prasad55g@yahoo.com)