Gajalakshmi Paramasivam

23 October  2019

IMMUNITY FROM PROSECUTION TO ALL DEFENCE OFFICERS?

Each individual has her/his own constitution .  Most of us function according to that when we are in a ‘free’ environment. This may result in positive or negative manifestations in a particular environment. Whether a manifestation is positive or negative is determined by the constitution of the environment in which it is manifested. The Sri Lankan Nation – when it is in natural / true mode is such an environment.

The constitution of an individual at birth is reflected by the horoscope in some cultures – including Sri Lankan Hindu culture. As per my discovery – if we operate as per our conscience – we would be protected from our negatives in past births which are balanced to suit the environment in which we are born in our current life. Like genes – they would be dormant. But if we fail to be balanced as per our truth or the truth of our current environment – we risk invoking the genes.  Once so invoked – they act with exponential power – be it positive or negative.  Then they lead us.

The following is from the Sunday Morning article headed ‘Executive president vs. executive PM : The 19A conundrum’:

[Constitutional law expert MP Dr. Jayampathy Wickramaratne told The Sunday Morning that the new president will not be able to hold any ministries, which means the ministries the current President is holding, including the Ministries of Defence and Mahaweli Development and Environment, would also need to be assigned to other members of the Cabinet.]

But article 30 (1) clearly states that President is the Commander-in-Chief  of the Armed Forces:

[30. (1) There shall be a President of the Republic of Sri Lanka, who is the Head of the State, the Head of the Executive and of the Government, and the Commander-in-Chief of the Armed Forces.]

Given that Security / Defence is the key issue in current  Sri Lanka it is important to clarify whether the President would have Ministerial Powers in terms Defence. If yes, then for Defence, the President would be the Executive Authority. Given that Mr Sajith Premadasa is indicating Devolution of Power to General Fonseka – the question arises as to whether or not the President would have the authority to devolve. If the above statement was indeed made by Dr. Jayampathy Wickramaratne – then the President would not have any Executive power to devolve. The overall decisions in relation to Defence would be made on the basis of Governing Power – i.e. the power of Belief. Governing powers are pure discretionary powers and cannot be questioned through executive powers. They therefore cannot be devolved. Only relative powers can be devolved.

Currently – the President is listed as the Minister for Defence.  If this is correct – then there is no executive power to make decisions and execute them. That was the case in April this year when the Easter Bombing happened. The President is solely responsible due to the above.

Out of the two leading candidates in the upcoming Presidential elections – Mr Gotabhaya Rajapaksa has demonstrated experience in the use of  Devolved Executive Powers – which were valid back then. But if the above interpretation is valid,  the President would have only Governing Powers in terms of Defence. This is the case in Australia where the Governor General is the Commander-in-Chief of the armed forces. We have the Minister with executive powers to carry out the Administrative role. That Minister, like any other Minister is part of the Parliament’s Executive power.  Are these leading Presidential candidates not misleading themselves and the voters by making promises on the basis that they would have Executive Powers ? If there would not be a minister for Defence – other than the President – then there is no question of trying any member of the armed forces in a court of law. The President’s immunity covers them also. Is this what Mr Gotabhaya Rajapaksa meant by stating that he would release the soldiers/war heroes? If yes, then not even one could be tried in a court of law – war hero or war-criminal.