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| Sunday, 20 March 2005 |
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Remembering Gamini on his birth anniversary : Gamini Dissanayake helped newcomers to Parliament by W. J. M. Lokubandara, Speaker, Parliament of Sri Lanka
The Member for Haputale, for a number of valid reasons, said that he was opposed to the Court attire that has been prescribed by the Chief Justice and the Judges of the Supreme Court and which is mentioned in the rules which have just now been commended for the consideration of this House by the Minister of Justice. I was more impressed by the tone of the Member for Haputale than with the substance of his speech. The young Member for Haputale himself is a Member of the Bar. He is an advocate and has been one of the most astute and brilliant Sinhala Legal Draftsmen that we have had in our country. At our party's request be very gladly surrendered his office and came forward to contest the last election. Although the legal permission granted to Lawyers to be attired in the national dress had been protected under the regulations presented 26 years ago in this same month by the then Minister of Justice K. W. Devanayagam, the national dress had not been included in the list of suitable attires for Magistrates and Judges of the judicial service. I was rather distressed when I saw the Gazette Notification concerned. Addressing the House after the Minister of Justice and the Deputy Minister I said "Hon. Speaker, I felt ashamed when I saw the notice in the Gazette Extraordinary dated 7th September, are 1978. Mr. Speaker, the dress you attired in is very dignified. I believe that there is nothing wrong for judges to be dressed in attire fitting their status when they occupy their seats to hear cases. It has to be so. Those who enter this august assembly too should be dressed in a manner that would protect the dignity of the Chamber. I have no debate over the dress of Lawyers because it is their profession. I am not arguing over that. These are not laws that have been formulated automatically. They have been enacted under Article 136 of the Constitution. Article 136 is quite an extensive one. It contains wide powers. Formulation of rules and regulations in respect of the Supreme Court is vested in that Supreme Institution itself. We have done so with a lot of trust and faith. I do not wish to make any unnecessary remarks about the Supreme Court. However, Mr. Speaker, Article 136 (2) of our Constitution says "every rule made under this article shall be published in the Gazette, and shall come into operation on the date of such publication or on such later date as may be specified in such rule". What does that mean? These rules become valid even before they are presented to Parliament. Why is it? This is because so much faith is placed on the Supreme Court. Subsequently, it is said "all rules made under this article shall as soon as convenient after their publication in Gazette, be brought before Parliament for approval". Today these rules have been presented for our approval. Mr. Speaker, I vehemently object to the contents of these rules and regulations. I am objecting to the following sentence in the rules. The Chief Justice shall in consultation with other Judges of the Supreme Court decide on the dress of the Judges of the Supreme Court and the Court of Appeal. This means that he will decide after consulting others. What had he done after consulting them? The attire of Judges other than Judges of the High Court shall be as follows: "Black sherwani and dark trousers or black coat, dark trousers and black tie." Mr. Speaker, you or the former Speaker or other Speakers of the Country's august assembly or the Institution that makes law can be attired in the way you are dressed now or in a verti or a national dress, when they chair a session. But this is not possible in a Court House. Whoever who made this rule has done so deliberately to hold the national dress in contempt. I am sad that a Supreme Institution has resorted to such action." This is a serious disease that has been affecting the UNP all along. Our President and other leaders are always attired in the national dress. We do not object to trousers. I am for the trouser all the time. However, I object to that dress as a symbol of class differences. Our constitution clearly states that people should not be discriminated on grounds such as their dress etc. The Courts of Law are the most Supreme Institutions in the country on the legal arena. However, a Judge cannot occupy the Judge's chair wearing a national dress. That freedom is no longer there. I vehemently object to it. Under these rules, a Lawyer can appear before Court wearing the national dress. However, if the same Lawyer under the circumstances were to occupy the Magistrate's Chair, he will have to change to trousers immediately. Is this just? This amounts to ridiculing the judiciary. Can we accept such a situation in the Supreme Court? While recognising their expertise in the legal sector, I wish to say that I am sorry about this state of affairs. Mr. Speaker, I cannot agree with these regulations. Mr. Minister of Justice, You must add "national dress" after the word "trousers". Ladies have been allowed to wear white or grey coloured sarees or frocks. But the national dress has been ignored. I vehemently object to it. We did not say this before the election. We did not say that such rules will be imposed. I wish to express my protest over it. The SLFP Members in the Opposition keep mum as if they approve it. We have to look into these matters. These are problems of the people. The national dress has no place. A pair of trousers cannot be removed from the top. Those who wear trousers believe so. Therefore, sir I conclude my speech requesting those concerned to amend these rules, and also thanking you for giving me time". I made that vehement speech not as an ordinary Member elected to the House of Representatives on a UNP ticket. But as a young Lawyer and MP bubbling in national spirit who used the Sinhala letters for W. J. M. as his initials I felt that there was a conspiracy during that time to deny the national dress its due place. In party politics, a Member of Parliament of the Government group is supposed to protest over such a rule or bill at the Government group meeting. Now of course I realise that expressing views frankly in Parliament, instead of adhering to the rule is suicidal. A Member of the Governing Party should criticise regulations, laws and bills presented by the Government within accepted limits. I know I had gone too far when I said in the course of my speech, that this was a disease that the UNP is afflicted with all the time. However, I said so not with the intention of causing embarrassment to the UNP but with the feeling that I should make my contribution towards guiding the people in the correct path, by getting close to them. Mr. Gamini Dissanayake responded to what I said with mature humanity as a father would tolerate his son with fondness, or like an elder brother who would look at his younger brother with brotherly feeling. He showed his exceptional common sense by helping newcomers, digressing from the normal political tradition of destroying the political future of newcomers. The way he tolerated a new Member like myself who felt that the country was more important than the party that one represents, is a fine example of the gentlemanly qualities he, a very senior Minister in that Government, possessed. The tolerance he showed when I, a budding young politician from the central hills and an advocate, criticised the motion moved by the Minister of Justice is proof to his life long policy of extending a helping hand to newcomers. Any other petty politician would have made use of the opportunity to persuade the party leadership to destroy my political future. The way he resolved the problem intelligently in a neutral manner, respecting Parliamentary tradition is an example to all of us at all times. A reader who considers what he said on that occasion viz "I was more impressed by the tone of the Member for Haputale than with the substance of his speech" will realise how true that conclusion is. How would I have reacted if a new Member made such a remark at me when I was the Minister of Justice many years later? How can I forget the kindness shown by the late Gamini Dissanayake and also K. W. Devanayagam who was also a Senior Minister then. I am often reminded while occupying the Speaker's Chair of the seriousness of the words I uttered that day, when I listen to retorts not only by Junior MPP but Senior MPP as well. I realise now how experience cultivates tolerance. The late Gamini Dissanayake proved that he was an intellect with maturity and self control though he himself was still in the prime of his youth. I would also like to make this an occasion to appreciate the opportunity provided to me so early in my life as an MP, to represent Parliament in the Peradeniya University Council paving the way for me to be involved in matters relating to higher education. The experience I gained as a Member of that Council helped me in carrying out my duties as Minister of Education and Higher Education later on. I also cannot forget the fact that Mr. Gamini Dissanayake, died with victory looming at the Presidential Election indeed. In fact, there is a belief that the Leader who is able to divert the waters of Kotmale is destined to be the country's king. He appointed me as a Consultant in publishing the "Mahaweli Maha Vanshaya", a book to tell the story of his efforts to resuscitate the hydraulic cultivation following the footsteps of Parakramabahu the Great. Service rendered by the late Gamini Dissanayake who was born to this country for its good fortune, should be commemorated forever by stimulating ourselves with his qualities, which along with his good looks have shaped up his fine personality. |
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It was 10th October, 1978. The venue was the Old Parliament. Mr. Gamini
Dissanayake addressing the House said, "Mr. Speaker, I consider it is a
great privilege to follow the young Member for Haputale (Mr. W. J. M.
Lokubandara). 
