No one is above the law

The United National Party (UNP) and the Janatha Vimukthi Peramuna (JVP) have hit rock bottom in party politics after the United People's Freedom Alliance (UPFA) Government passed the 18th Amendment to the Constitution with a majority of 144 votes.

This was the biggest victory in the country's legislature. Never before in Sri Lanka's parliamentary history did a Government obtain such a thumping majority in getting a Bill or an Amendment passed. During the debate, yet another group of UNP Parliamentarians joined the Government, thereby increasing President Mahinda Rajapaksa's growing popularity.

The Opposition lived in a world of make believe prior to the presentation of the 18th Amendment in the hope that they would even obtain the support of some Ministers. Contrary to expectations, the Opposition had to eat humble pie as 161 Members of Parliament voted in favour of the Amendment.

With the turn of events, the UNP lost its long-time ally - the Sri Lanka Muslim Congress (SLMC), which supported the Government to pass the 18th Amendment. Since this ignominious defeat, the UNP and the JVP even lost the few remaining voters. The two parties, as a result, have been relegated to the political wilderness. With the UNP stalwarts fighting tooth and nail for the party leadership, the JVP is struggling to protect its dying image. Both parties are supremely aware of the fact that they could exert little or no pressure on the Government.

Meanwhile, Sarath Fonseka was convicted by the second Court Martial and was sentenced to 30 months in jail. The UNP and the JVP felt this was the best time to resuscitate their political image and picked on the release of Fonseka as a slogan in a desperate bid for survival.

Before delving into the murky politics of the Opposition, it is important to recall the circumstances that led to Fonseka's plight. He was convicted by a duly appointed Court Martial and the sentence imposed was within the country's legal framework. The President, as the Commander-in-Chief of the Armed Forces, merely ratified the Court Martial judgement.

The Human Rights Committee of the Inter-Parliamentary Union rejected a complaint by UNP MP Jayalath Jayawardena, alleging that the human rights of Fonseka had been violated. The Committee which met in Geneva last week, ruled that there had been no human rights violations in the arrest and trial of Fonseka. After a detailed representation by Minister Mahinda Samarasinghe, the 154-member Committee declared that the complaint by Jayawardena null and void, stating that the Government had followed the proper legal procedure during the arrest and trial of Fonseka.

When Fonseka was the Commander of the Sri Lanka Army, there had been over 400 Court Martial judgements against officers and other ranks. All those judgements too had been ratified by the President as a matter of formality. However, none of those who are shedding crocodile tears for Fonseka today ever uttered a word on behalf of those convicted soldiers, even on humanitarian grounds. Why this sudden outburst of sympathy for Fonseka?

Is this a move to gain petty political mileage and use Fonseka's conviction as a tool for the Opposition to bounce back and capture power at any cost? Had the UNP leaders sincerely wished to work under Fonseka's leadership, they should have supported him wholeheartedly at the last presidential election. Instead, the UNP and its seniors abandoned Fonseka midway in the presidential race.

The UNP agreed to field Fonseka as the common candidate purely for two reasons; mainly because Ranil Wickremesinghe saw the writing on the wall and was certain that he would lose the presidential election for the third consecutive time. Wickremesinghe knew only too well that he would be a Lilliputian against President Rajapaksa at a presidential poll. Thanks to his political acumen, the UNP leader knew in his heart of hearts that neither he nor Fonseka could challenge President Rajapaksa.

Instead, Wickremesinghe took the easy way out and opted to remain as the Opposition Leader to enjoy the perks and comforts that go with the post. It was Wickremesinghe's calculated political moves which made Fonseka march from grace to disgrace. On the other hand, Wickremesinghe was also compelled to honour the joint Opposition demand, put forward by the JVP - to make use of Fonseka and field him as the common candidate at the January 2010 presidential election.

During the presidential election campaign, the JVP took control of Fonseka as Wickremesinghe was convinced that he would not stand a ghost of a chance even if Fonseka were to secure a miraculous victory. It was at this point of time that signals were sent out to Wickremesinghe's loyalists to keep away from the so-called common candidate's election campaign.

Wickremesinghe is now struggling mercilessly to hold on to his tottering leadership. The imprisonment of Fonseka seems to have given a new lease of life to Wickremesinghe to divert attention of party supporters from the leadership crisis. He is now going hammer and tongs demanding a presidential pardon for Fonseka, who has been found guilty of fishy arms deals in his son-in-law's company when he commanded the Army.

The million dollar question is whether President Rajapaksa could pardon a person who has been found guilty of military purchases. Technically, the 1978 Constitution introduced by the then President J.R. Jayewardene empowers an incumbent President to pardon anyone convicted by a court of law. There had been many instances during UNP regimes where criminals convicted of murder, rape, drug trafficking and robbery had been granted presidential pardons.

In contrast, President Rajapaksa does not follow the unethical acts of his predecessors. By demanding a presidential pardon for someone who is convicted, the UNP is calling upon the President to tinker with the judiciary.

Though the UNP has a shameless track record of intimidating the judiciary and pelting stones at judges' residences, President Rajapaksa has always maintained the respect for the independence of the judiciary.

Even at this late stage, the UNP and the JVP must act as a responsible Opposition. No one is above the law and Fonseka's role in the battle against terror does not grant him any immunity against the laws of the land.