Tuesday, February 2, 2016

Let the law take its course

Editorial from the Ceylon Daily News

There is a lot of brouhaha currently on the arrest of Yoshitha Rajapaksa for the alleged offence of money laundering with former President Mahinda Rajapaksa himself calling it a political witch-hunt targeting the Rajapaksas. Speaking to the Media after visiting his son at the Magazine Prison Rajapaksa also in the same breath says he is not objecting to the arrest if there is wrong doing. Then he goes on to say that he knows well that his son is innocent. Not to be outdone eldest son Namal says it is not only members of the Rajapaksa family but the government's political witch-hunt extended to the entire public service and those identified as being sympathetic to the former regime are being hounded. He accused the government of arresting innocent individuals and charging them with false crimes. Young Rajapaksa then echoing his father's sentiments goes onto state that it does not matter whom the political witch-hunt was against providing the government addressed the needs of the people.

It is obvious that the whole intention of the Rajapaksas are to paint themselves to the public as the subjects of a political witch-hunt and acquire the maximum mileage for their political project. There was a sombre looking Gotabhaya Rajapaksa lamenting the arrest of a 25-year-old innocent youth. Never mind the seriousness of the offence. Is Gotabhaya suggesting that there are no convicts under the age of 25 in our prisons?

No mention is made of others taken into custody, the focus being only on Yoshitha. Were they too subjects of a political witch-hunt by association? If so, one is at a loss to fathom how Nishantha Ranatunga, brother of Arjuna, a powerful Minister in the Yahapalanaya government and World Cup winning cricket captain to boot, can be the subject of a political witch-hunt unless Ranatunga senior considers him as a powerful political foe and wants his younger brother locked up.

Suffice it to say that there have precedents elsewhere too where the progeny of powerful political leaders have been taken into custody for wrongdoing. The daughter of Muthuvelu Karunanidhi was thrown behind bars for her involvement in the multi-billion dollar Spectrum deal and the son-in-law of Sonia Gandhi no less is currently under probe for his alleged involvement in a real estate racket.

In the Yoshitha matter too, the law must be allowed to take its course and there cannot be exceptions where the Rajapaksas are concerned. Mahinda Rajapaksa was an MP in the 70-77 United Front government when Ravi Jayewardene, son of JRJ, was put behind bars for his alleged links to the 71 uprising. Hence Yoshitha's is not a unique case in this country.

Besides, the arrest of Yoshitha did not come out of the blues but the result of thorough and painstaking investigations. To suggest that this is part of a witch-hunt is to mislead the public and an attempt to cast aspersions on the investigative process. This was also the case with the arrest of the Ven. Galagoda Atthe Gnanasara for the serious offence of contempt of court where it was claimed that the monk was taking up cudgels on behalf of ‘war heroes’ who had been unfairly arrested. If this state of affairs is allowed to continue the courts and investigative arms of the state would not be able to function effectively leading to state of paralysis of the law enforcement and legal system as a whole.

The Government should act, and act fast to stem the rot. The country cannot be allowed to slip into a state of anarchy with politicians and members of the Sangha questioning the rulings of courts or challenging the legitimate investigative processes.

There was a time during 70 -77 United Front regime when several prominent businessmen and gem merchants connected to the UNP were thrown behind bars for exchange control offences. There were no cries of political witch-hunts then. The law of the country was allowed to take its course then as it should be allowed to take its course now. Nothing can be claimed in extenuation. The former President on the day of the arrest of his son was seen on television lamenting that such was his sorry lot for winning the war and protecting the country. One could say that, that was also the sorry lot of the war winning Army Commander General (now Field Marshal) Sarath Fonseka.


By connecting the whole episode to the war victory Rajapaksa no doubt is doing what he knows best- appealing to his nationalist constituency, to make political capital out of the arrest of his son. The law has no place for sentiment as Rajapaksa who is a lawyer well knows. It has to apply equally both to the humble as well as the mighty, if the public are to have trust and confidence in the justice system. Inciting mobs to lay siege on court houses or making sweeping statements against the legitimate investigative arms of state, accusing them of partisanship, can only send the wrong message to anarchic elements to take the law into their own hands.

Written By Lalith Alahakoon

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