Gajalakshmi Paramasivam

09 May  2019

Sue the National Security Council Members Jointly and Severally

including for Breach of  Public Peace

I could feel the pain and helplessness that the father who lost two youths in the Easter bombings must be experiencing to file legal action against two Defence officers.  Daily News report  ‘FR petition filed on behalf of bomb victims’ presents as follows:

[The petitioner stated that his two children died due to the bomb blast leaving the petitioner to face the sudden and unexpected loss of both his children at the prime of their youth.

Sirimanne stated that every citizen of this country is entitled to the right of equality before the law and equal protection of the law under Article 12 (1) of the constitution of the republic as a Fundamental Right.

The petitioner seeks to challenge the persistent failure on the part of the Inspector General of Police and the former Defence Secretary to investigate and failure to take appropriate steps to safeguard the public security.]

Article 12 (1) of the Sri Lankan Constitution states as follows:

[12. (1) All persons are equal before the law and are entitled to the equal protection of the law.]

While this would cover the negligence of these officers  - the direct responsibility  is with the National Security Council headed by the President. The President is covered by Immunity through article 35(1) but the common citizen is facilitated by article 126 for taking action against the  Attorney General .

The current Leader of the Opposition who is the immediate past president and chief of armed forces – also failed to share his wisdom which as per his claims of having defeated LTTE terrorism – belongs to the Intelligence Bank of Sri Lanka. If his claims were true – then he would have  had the intuition to pick up the early warning signs and warn the current president about it. It is the fundamental right of every citizen to expect every elected member of parliament to share their belief based intelligence gained through official positions. In addition – the IGP at the time of bombings was Mr Pujith Jayasundara is from the constituency of the Leader of the Opposition which entitles the common citizen to expect development of belief based connections.

In democracy, the leader of the opposition is required to be from a party that is distinctly diverse in its makeup to the governing party. This is why the leading opposition by law is allocated Equal status as the party forming government. This is a fundamental responsibility in any democratic structure. This prevents blind following as if one is junior to the other – as in autocracy.

The above mentioned petition represents the Common Citizen who is entitled to respect from national leaders while the Common Citizen is in mourning.

The following reports confirm that the President, the current leader of the Opposition and the Prime Minister were all lacking in at least showing respect for the Common Citizen of Sri Lanka who is mourning at the moment due to misplaced trust in the Government and its agencies:

1.     [Opposition leader Mahinda Rajapaksa was in a multi-color handloom shirt and sarong, not his white national dress with the maroon satakaya (shawl) around his neck, when he greeted President Maithripala Sirisena at the latter’s residence on Thursday night.

He said he did not have time to change clothes for Sirisena’s meeting with leaders of Opposition political parties. He had been at the wedding of onetime Minister, Mahinda Yapa Abeywardene’s son. Looking dapper, the President replied that he too was at a wedding of the son of former Minister Vijith Vijithamuni de Soysa MP. It was to be held at the Shangri La Hotel. Due to its closure after damage caused by the Easter Sunday carnage by pro-IS terror groups, the reception had been shifted to Temple Trees, now the official residence of Prime Minister Ranil Wickremesinghe.

Politicians make the laws, give pledges and break them. In this case, it is with disregard to the reality that a nation is mourning the brutal massacre of more than 250 men, women and children. There are over 480 injured, some of them seriously. Schools are closed and children cannot attend for fear of attacks. Education Minister Akila Viraj Kariyawasam, wants to assign at least one police constable for each school to protect children. For the same reason, Sunday mass cannot be held in churches, Friday Jumma prayers in mosques and even poojas at Buddhist or Hindu temples. But a hallowed public institution, heavily secured by armed Police Special Task Force (STF) commandos becomes a wedding hall for the privileged. Replying to Basil Rajapaksa, President Sirisena explained that giving Temple Trees was inevitable. Former minister Vijith Vijithamuni Soysa would be unable to find an “auspicious hour” for the next one year or more. For the vast majority in Sri Lanka it was inauspicious not due to their own fault. Their political leaders, a Defence Secretary, a Police Chief and intelligence officials, who lacked common sense, had failed in their duty. Yet, not for ministers and MPs are those inconveniences. Not when state resources are so easily available. Some even sought enhanced security.

But a hallowed public institution, heavily secured by armed Police Special Task Force (STF) commandos becomes a wedding hall for the privileged. Replying to Basil Rajapaksa, President Sirisena explained that giving Temple Trees was inevitable. Former minister Vijith Vijithamuni Soysa would be unable to find an “auspicious hour” for the next one year or more. For the vast majority in Sri Lanka it was inauspicious not due to their own fault. Their political leaders, a Defence Secretary, a Police Chief and intelligence officials, who lacked common sense, had failed in their duty. Yet, not for ministers and MPs are those inconveniences. Not when state resources are so easily available. Some even sought enhanced security.] http://www.sundaytimes.lk/190505/columns/embattled-president-fighting-on-all-fronts-348051.html

2.               [The wedding of President Maithripala Sirisena’s only son, Daham, will take place at the Hilton Colombo at 9.30 a.m. today. Daham Sirisena, who is the President’s youngest child, will wed Nipuni Athulaweeraratne. The wedding was originally supposed to be at Shangri-La, but after the Easter Sunday bombings targeted the Chinese-owned five star hotel, the venue was shifted to the unaffected State-owned Hilton Colombo. The poruwa ceremony will be held at 9.53 a.m. Daily FT learns that in spite of the Easter Sunday tragedy that claimed 257 lives, and struck fear into the country at large, the wedding ceremony will proceed as scheduled, on the same grand scale. There has been no reduction to the number of guests, nor attempts to mute the grand celebrations in light of the Easter Sunday terrorist attacks that victimised hundreds of families.] http://www.ft.lk/front-page/President-goes-ahead-with-son-s-wedding-today/44-677873

The Common Citizen is entitled to the right to witness demonstrated  respect from the Government during the period of mourning the loss due to negligence of the government. The loss happened due to negligence of the Government and the least they ought to have done was to cancel all publicly visible celebrations. It is in Breach of the Peace that the Common Sri Lankan Citizen is entitled to during this period – including to mourn with global victims in this instance.