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Sunday, 12 December 2004    
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SB warns colleagues not to seek amnesty

Weekend Politics by Suraj & Viraj

Controversial political character, Sumanasiri Banda Dissanayake, popularly known in politics as S.B. is now a convicted prisoner. The question before him is to find out who paved the way for his conviction.



Opposition Leader Ranil Wickremesinghe visited the Prison Headquarters yesterday to see the former Samurdhi Minister S. B. Dissanayake who is imprisoned now at Welikade.

The United National Party was instrumental in getting SB reported to the Supreme Court. That was before he crossed over to the UNP in 2000. While being a powerful minister of the then People's Alliance government, Dissanayake supporting the idea to transform parliament into a constituent assembly said that parliament would be closed down and if necessary the courts too would be closed down in the attempt to create a constituent assembly.

The UNP made a hue and cry about the reference to court and claimed it was tantamount to contempt of court. The Supreme Court upon consideration of the context in which the speech was made and the conduct of Dissanayake stopped short of entering a conviction and imposing punishment.

However, the court warned him and advised that he should not conduct himself in that manner in the future. But Dissanayake repeated his conduct during a 'Vap Magul' ceremony in Habaraduwa where he referred to the Supreme Court in a more derogatory manner.

This led the Supreme Court to convict him. Had he been not warned earlier, the court would have certainly given a warning or a suspended jail term upon considering the nature of the statement made Dissanayake at Habaraduwa. Considering the first complaint, it is the UNP which has deprived Dissanayake of being given a suspended term or some lenient punishment on the last charge of contempt of court. Therefore, the UNP is responsible for the present fate of their colleague.

The UNP took serious note of Dissanayake's statement on the Supreme Court while SB was in the PA government. But the UNP forgot that it was the party that ridiculed the judiciary initially by stoning the bungalows of judges. The famous criminal responsible for that dastardly act was 'kalu Lucky'.

This criminal was a close associate of several UNP ministers under the J. R. Jayewardene government. Later it was revealed that one of the attesting witnesses at Kalu Lucky's wedding was the Justice Minister during that period, Dr. Nissanka Wijeratne. These incidents were more serious in nature when considering SB's statement on the judiciary when he was a minister in the PA.

Be that as it may, SB becoming a convicted prisoner has worried the UNP. The sessions of the budget debate was used to protest against the conviction. UNP parliamentarian, T. Maheswaran used the occasion to become a self proclaimed hero last week in the parliament chamber when he threw a glass aimed at the Deputy Speaker, Geetanjana Gunawardena.

This unwarranted conduct of Maheswaran nearly brought members from the two sides into fisticuffs if not for the timely intervention of senior members. A parliament aide who went to collect pieces of shattered glass sustained cut injuries on his fingers.

This was the first time that a dangerous object was thrown at the Speaker's chair where the Secretary General and her deputies are also located. Chief Opposition whip, Mahinda Samarasinghe described Maheswaran's conduct as being emotional. The truth is that neither the UNP leader nor Samarasinghe has control over this MP. The week before he defied Samarasinghe's order and voted against on the Foreign Ministry Committee stage debate. Samarasinghe failed to take action against Maheswaran.

Action against Maheswaran

The government complained to Speaker Lokubandara to take action against Maheswaran. This complaint fell on deaf ears. This forced the government to decide on a no-faith motion against the Speaker.

Already one hundred signatures have been collected. JVP's Weerawansa charged that the Speaker failed to condemn the conduct of Maheswaran. On Thursday the love for SB by the UNP continued with Mahinda Wijesekere making an appeal to the President on behalf of SB to have the latter given an amnesty while his colleagues urged the Speaker to rule that SB be brought to the House from the Prison. While arguments erupted on the issue, Maheswaran spirited away with the Mace. Once again sittings were interrupted till the Mace was discovered.

Parliament from Tuesday was a made a mockery by the Opposition in their fight to get SB back to the House. The judgement clearly says that a convicted prisoner cannot hold public office under the laws governing the country. UNP's Constitutional 'Pundit' G. L. Peiris cited articles 89 and 91 to argue that SB had a right to be in the House.

Contrary to GL's position, article 89 clearly explains that a convicted prisoner cannot hold public office or continue to be an elected member. UNP's Constitutional expert K. N. Choksy is yet to make his submissions. He knows that GL is an 'expert' of fighting losing battles being only a Professor of Law without practical experience on court matters.

GL has forgotten that SB first fell in trouble because of his move to convince President Chandrika Bandaranaike Kumaratunga prior to 2000 to transform Parliament into a constituent assembly. SB fully backed the idea and made that derogatory reference to the Supreme Court for which he was warned.

The President claims she has the document prepared by GL to make parliament a constituent assembly. GL has so far failed to counter this position of the President. Given this situation GL now in the UNP also has to take responsibility for the fate that has befallen SB today who is confined to the four walls of the prison. Today GL has changed his position on his own document to protest against parliament being transformed into a constituent assembly.

Despite Mahinda Wijesekere pleading for SB's amnesty, SB from the prison has warned his colleagues not to seek amnesty. Here again, GL prior to SB's statement from the prison held a contradictory view when Wijesekere pleaded for amnesty. GL said he was not for an amnesty. As GL jumped the gun, Chief Government Whip, Jeyaraj Fernandopulle said that since GL never wanted an amnesty for SB, it made difficult for the government to take up the issue with the President. Despite being jailed, SB in a letter to the Speaker continued to criticize the judgement and the conduct of the judges who delivered the determination.

The UNP appointed Prison's Commissioner Rumi Marzook informed the Speaker that he has to seek the advice of the Attorney General to let SB attend parliament. Now the UNP is taking on Marzook for his refusal to let SB attend parliament. Marzook claims that he has to follow procedures set out in the law though the Speaker had conveyed a message.

The UNP seems to have given priority in their agenda for SB rather than other issues concerning the masses of the country. The green party has now forgotten their battle on the cost of living. The peace process too has been sidelined. In the coming weeks they plan to get onto the streets. This is not to fight for the rights of the people.

But to have one convicted prisoner, S. B. Dissanayake released. Protests during the festive season will only result in creating anger in the minds of those who celebrate Christmas in a peaceful manner. The Chief Government Whip, Trade Minister, Jeyaraj Fernanadopulle will be busy trying his best to bring down prices of essential food items to help those celebrating the birth of Jesus Christ.

Prof.G. L. Pieris also speaking on behalf of the convicted colleague, S. B. Dissanayake argued on Thursday that he can sit in the House according to Article 89 and 91 of the Constitution.

Rally at Hyde Park

However, the S. B. Dissanayake Rescue Committee decided to hold a massive rally at Hyde Park on December 21 to sign a petition.

The UNP also plans to bring international pressure on the Government taking the issue to the European Union,International Parliamentary Union, Commonwealth Parliamentary Union, etc.

Since the Prison authorities have not allowed MPs to visit former MP Dissanayake, vociferous UNPer Rajitha Senaratne complained to the Speaker on Thursday that MPs and Judges can visit prisons at any time without any hinderance. Lower rank Prison officials cannot stop them visiting prisons to conduct inspections. He urged that it was a privilege of MPs.

However, many UNPers including Ranil Wickremesinghe visited prison on Friday to see their convicted colleague.

Speaker W. J. M. Lokubandara who is threatened with a no confidence motion from Government benches on Thursday asked UNP MP T. Maheshwaran to appear before the Privileges Committee for misbehaviour. Speaker took this decision after the Government members threatened to oust him.

For the first time in the history of Sri Lanka, the House conducted its work keeping the Mace on the table of the Speaker. TNA MPs obstructed Speaker when Sergeant at Arms Wijaya Palliyaguru was carrying the mace on Thursday to resume sessions of the day. They protested for not taking a division when the votes were taken in the House on Thursday.

PM intervenes

Meanwhile, Prime Minister Mahinda Rajapakse stopped his car on Parliament Road on Thursday when he saw some Timber Corporation workers holding placards demanding their rights. Prime Minister close to the working class discussed their problems and promised that he would try his best to address their problems.

When he was discussing Minister Jeyeraj Fernandopulle also stopped his vehicle to join the discussion.

Police Narcotic Bureau raided a cannabis plantation spread in a four acres belonging to a UPFA Pradeshiya Sabaha member in Thanamalvila. Police seized large haul of cannabis worth Rs.3.2 million.

UNP MP for Polonnaruwa Earl Gunasekara was the latest politician to be awarded a Doctorate during the week.

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