Gajalakshmi
Paramasivam
12
January 2020
PRESIDENT LOSING HIS RIGHT TO IMMUNITY?
[Those who oppose
President Rajapaksa must remind themselves of a saying by Joseph de Maistre
‘Every nation gets the government it deserves’. ] Ravi Nagahawatte of Daily Mirror
The essence of this at family level is in Thirukural
55
[Theyvam
Thozhaal Kolhunan Tholhudhelhuvaal
Pei Enap Peiyum Malhai.
Pei Enap Peiyum Malhai.
A
wife who worships her husband even though she may not worship god has the power
to work nature and therefore cause / invoke rain.]
The Sri Lankan Constitution provides for immunity from prosecution for the President.
To my mind, this is because there like the head of family – the President is
taken to be the ultimate power of the nation. Every Sovereign unit has that
immunity to from punishment. An individual who punishes her/himself as per
her/his conscience – should not be punished by any system – except for
structural purposes. Hence those who demonstrate remorse are punished to lesser
extent by a just judge.
Does the current President therefore have the
authority to probe with the intent to punish?
Daily
News article ‘President
appoints high-powered commission to probe previous govt’ reports as follows:
[In the wake
of the flood of revelations of interference in police and legal matters and
other abuses of power during the previous government, President Gotabaya
Rajapaksa has appointed a high-powered Presidential Commissions of Inquiry
(PCoI) to investigate allegations of political victimization as well as
interference and undue influence on the judiciary and police during the past
regime.
The
Gazette Extra-ordinary No. 2157/44 notification issued on Thursday empowers the
3-member Commission to ascertain whether any investigations by the Commission
to Investigate Allegations of Bribery or Corruption (CIABOC), Financial Crime
Investigations Divisions (FCID) of the Sri Lanka Police or the Special
Investigations Unit (SIU) of the Sri Lanka Police had been influenced or
obstructed or prevented in any manner, resulting in loss, damage, injury or
detriment, either direct or imputed to any person or persons whether any
officer entrusted with conduct of investigations by the Bribery Commission,
FCID and SIU have acted under undue influence by third parties.]
The former regime had a particular ‘engine’ /
structure of belief which is distinctly different to that of the current regime’s
engine. As per the fundamentals of democracy – the maker of one type of engine should
not even look at a fault/sin or virtue of a different type of engine made by another. They are not relative.
One who respects sovereignty would recognize that faults have become sins and
credits have become virtues at the end of the life cycle of that engine /
government. That is the philosophy of rebirth.
We do not criticize the dead for this reason but
learn not to make those mistakes in our lives in that system. When we do
actively criticize we would invoke those faults in our own circles because
after death – credits and debits become assets and liabilities – the net value
of which are carried by the owner – the creator. In this instance the People
created the old government as well as the new government.
As per the report:
[The Commission
comprising retired Supreme Court Justice Upaly Abeyrathne (chairman), retired
Appeal Court Justice Daya Chandrasiri Jayathilaka and retired IGP Chandra
Fernando has been asked to report back to the President within six months
giving its findings and recommendations. The Commission comes hot on the heels
of damning revelations emanating from a serious of unaccounted audio recordings
belonging to UNP MP Ranjan Ramanayake. The recordings of apparently thousands
of phone calls between MP Ramanayaka and various police officers, judges,
political personalities and other people, including films stars, surfaced
during initial investigations into a reported attempt to assassinate Minister
Mahindananda Aluthgamage. According to some of the revelations of the content
of the call recordings, certain judges had apparently sought promotions and
higher pay in return for specific verdicts in various high profile cases.]
Ranjan Ramanayake recorded his conversation with Mrs
Vijayakala Maheswaran when the latter invoked the LTTE leader’s name to impress
the sexually correct in Northern Sri Lanka. The resurrection of LTTE happened due to Mrs Maheswaran’s mind being
idle in terms of Democracy and the only government the lady knew during her
lifetime in Jaffna was LTTE. Mrs Maheswaran was taken to Court for resurrecting
the dead. Ranjan Ramanayake who ‘profited’ from that is now reaping the
results.
Does the
above mentioned Commission of Inquiry which was custodian of power to punish
and/or reward as per the written laws of
Sri Lanka, have the authority to probe into the minds of members of
Parliament driven by belief and headed by the President who carries immunity as
head of government? Retired members of
the Judiciary and the Police have the moral authority to inquire into their
juniors / heirs – through their natural mind/intuition. They have the power like
any other citizen, to take wrong doers to court through their current powers.
Current Judges do not have the authority to find fault with retired judges,
leave alone current or past government.
Separation of Powers confirm our Sovereignty. Our
own Sovereignty is confirmed by us respecting others’ Sovereignty. A government
that has duly completed its cycle is beyond criticism. Its sins and virtues go
back to the People the way ours merges with the Lord. Restructures are needed
when members in the system are not able to correct themselves. Elections are
held so the old would die and the new
would be born. The new carry the old as genes. So long as we live off our
current resources – are genes would be dormant. Those who believe in horoscopes
would identify with this. Repairing genes is much more complex than repairing visible parts of the body.
One who seeks economic progress would not waste
resources with gene-repair of the opposition. If old sins are made current –
the right to immunity is morally lost to the head of that country because the
Time Based Sovereignty has been lost due to invasion of foreign territory. Yesterday
becomes foreigner to today. We learn from foreigners as per the shown and not
by becoming members of their country or our past.
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