[Week in PARLIAMENT]

Criticism of Court Martial violates Constitution - G. L.

Despite the big fuss and uproar made by the Opposition MPs in Parliament on Tuesday regarding the first court martial of former Army Chief Sarath Fonseka, the Government ranks firmly maintained the view that court martial cannot be debated in Parliament as it would violate the Constitution.

This led to a verbal clash between External Affairs Minister Prof. G. L. Peiris and Opposition Leader Ranil Wickremesinghe on whether a court martial comes within the ambit of an institution administering justice in the country.

This argument occurred as a result of the comment made by Minister Peiris that the Opposition Leader had grossly violated the Constitution by casting aspersions on the court martial that sentenced DNA MP Sarath Fonseka last week.

The argument between the Opposition Leader and Minister Prof. Peiris went on as they maintained completely different views on the court martial. The Opposition Leader maintained the view that a court martial cannot give such a verdict against Fonseka and stressed that Parliament has a right seek his release. Wickremesinghe demanded an opportunity to discuss this privilege matter in Parliament. The Opposition Leader also stressed the importance of submitting the reports of that court martial before the House.

The Opposition Leader's statements led to a big drama in the House. Although Minister Prof.G. L. Peiris was given the opportunity to speak after Wickremesinghe, Opposition MPs walked towards the Deputy Chairman of Committees Chandrakumar Murugesu who presided at that moment and questioned when the reports of the court martial would be presented in Parliament.

Due to this disturbance by the Opposition, the Deputy Chairman of Committees suspended Parliament for five minutes and walked out.

When the Speaker Chamal Rajapaksa presided afterwards, the Opposition Members alleged that the Deputy Chairman of Committees did not properly suspend Parliament.

The Deputy Chairman of Committees said he suspended the House for five minutes and it may not have been heard clearly due to the uproar. The Speaker was of the view the House should accept his version. The Chief Government Whip and Water Supply and Drainage Minister Dinesh Gunawardena who also firmly endorsed the view taken by the Speaker stressed the point that a ruling given by the Speaker cannot be questioned and the Opposition cannot be allowed to create chaos in the House.

Prof.Peiris who continued his speech after the House resumed criticised the Opposition Leader's remarks, saying the comments made by him on the court martial are a gross violation of the Constitution. Prof. Peiris also pointed out if the Opposition Leader wants there are remedies available to deal with such a situation and the possibility of bringing a substantial motion for that.

The Minister said the courts martial also come under the country's law. Similar courts martial had been conducted by the Army, Navy and the Air Force since 1948. He told the House the courts martial even to impose the greatest penalty- the death sentence.

The Minister requested the Speaker to expunge all the comments made on the court martial from the Hansard.

UPFA Galle District MP Sajin de Vas Gunawardene too criticised on attempts made by the UNP and the DNA to undermine the court martial. The MP was critical about the conduct of the UNP and the JVP which he said do not have any respect to the country's law and order.

The MP maintained the view that there can't be two laws in the Army - one for Sarath Fonseka and another law for other senior Army officials. The country's law should be equal to everybody.

When Sarath Fonseka was the Army Commander, he had held court martials for 4,786 Army officials. Then what has Fonseka got to say about those Army officials ? The MP told Sarath Fonseka that he should understand the reality when he does politics.

The Chief Opposition Whip and Water Supply and Drainage Minister Dinesh Gunawardena who responded to a question raised by the UNP MP Ravi Karunanayake on the former Army Chief's pension told him everybody should bow their head to the country's law and nobody can go against the country's Constitution.

The Minister said the country's law cannot be changed based on personal friendship. If Sarath Fonseka has been subjected to any punishment that is entirely based on the country's law.

The Minister also charged that the former UNP Government even introduced bills in Parliament to curtail the rights of the pensioners. The Minister also requested the MP to read the past hansards. However, the Opposition Leader who responded to the Minister told him that his Government didn't curtail the pension rights.

Minister Gunawardena who also commented on the assault on Ravi Karunanayake's vehicle at Beliatta told him that the Government would give him tight security when he goes to Beliatta next time. However this assault is an internal plot. " I request MP Karunanayake to seek Government's security if he goes to Beliatta again."

Prime Minister D. M. Jayaratne moved two important bills in Parliament to prevent illicit traffic in narcotics and to rehabilitate drug dependent persons.

UNP MP Mohan Lal Grero who joined the debate stressed the importance of introducing a law to completely ban the use of liquor and smoking by children below 21 years. Raising an important point the MP said at present there is no law on betel or related items. A special kind of arecanut called "babul" is sold to students in front of schools. The students get intoxicated after consuming it.

The allegation by UPFA National List MP A. H. M. Azwer that the Opposition Leader behaved indecently inside a room in his office in Parliament on Wednesday led to a denial by the Opposition Leader. The Opposition Leader who rushed to the Chamber shortly afterwards said he had been in his office sitting at his desk attending to some work. Wickremesinghe told the House in lighter vein "I don't allow anyone to use the rest room in my office. I didn't even allow Azwer to use my room when he was in the UNP."

Minister Dinesh Gunawardena responding to an oral question raised by the UNP MP Ravi Karunanayake on the names and the dates of births of all judges told the MP the dignity and decorum of the House may be undermined if MPs request the dates of birth and marriages of various people. Then Karunanayake queried whether MPs did not have a right to ask such questions in the House. The Minister told him the MPs should understand what kind of questions should be asked in Parliament.

Setting another perfect example on maintaining the dignity of the House, the Speaker on Tuesday literally showed the door to UPFA MP Mervyn Silva when he attempted to disturb the proceedings of the House as usual.

"The door is behind you", the Speaker told the MP who had been relegated to back benches after being sacked from his Deputy Minister post by the President.

Justice Minister Athauda Seneviratne introducing the Civil Procedure Code (Amendment) bill in Parliament said at present there are about 400,000 cases in court. It has taken 30 or 40 years to settle some court cases. The Minister said that 'Justice delayed is justice denied'. The Minister said after having extensive discussions with judges and lawyers, steps would be taken to sort out court cases without delay.