Former Chief Justice Sarath N. Silva once remarked, “If it weren’t for me, Mahinda would be in jail today.” This statement was part of a controversial story that emerged after Silva retired from his position. Silva, a friend of Mahinda, had even visited Shiranti’s house to discuss Mahinda’s marriage.
Silva claimed he saved Mahinda from going to jail when Mahinda was accused of shooting during a by-election in the Hambantota district under JR’s government. Furthermore, Silva protected Mahinda from the Hambantota tsunami scam case while serving as Chief Justice. Had Mahinda been implicated in that case, he wouldn’t have been able to run in the 2005 presidential election.
After Mahinda won the presidency in 2005, Silva delivered a surprising verdict that affected Mahinda. The Supreme Court, led by Silva, ruled against John Keels and the then Finance Ministry Secretary, P.B. Jayasundara, for their involvement in the Sri Lanka Marine Service fraud. The court prohibited P.B. Jayasundara from holding any government position due to his responsibility for the fraud. At that time, Ranil Wickramasinghe was the opposition leader and the head of the United National Party (U.N.P.).
Respecting the court order, P.B. Must leave immediately…’
This is the story that Ranil told the whole world. PB was not there until Ranil said this. Respecting the Supreme Court decision, P.B. Immediately left. It was a critical time during the war. Mahinda needed PB to prepare the budget for the war. But Mahinda was also afraid of the Supreme Court order. Later, after Sarath Silva retired from the post of Chief Justice, Chief Justice Ashoka De Silva was in the panel of judges and P.B. once again became the Secretary of the Ministry of Finance With the approval of the bench.
This old story comes to mind because of the Supreme Court’s order against IGP Deshbandu. It was the current President Ranil who decided that Deshbandu was unfit not only for the post of Inspector General of Police but also for the position of Acting Inspector General of Police. Ranil played games with the Legislative Assembly, prolonging the service of the former Inspector General of Police, Wickramaratne, by not sending Deshbandu’s name to the Assembly.
The reason was that the Legislative Assembly was waiting for the President to nominate a new Inspector General of Police to replace the retiring Wickramaratne. Instead, Ranil extended Wickramaratne’s service, delaying the process. At that time, the Assembly would have approved the nomination of the next senior officer, who had no charges related to the Easter attack, for the position of Inspector General of Police. However, Ranil did not follow this course.
There was a prevailing opinion in the country against appointing Deshbandu, a controversial figure accused of attacking activists, also linked to the Easter attack and already charged with human rights violations in court, to the post of Inspector General of Police. Ignoring this opinion, Ranil sent Deshbandu’s name to the Legislative Council first as Acting Inspector General of Police and later as Inspector General of Police. When proposed to appoint him as Inspector General of Police, the majority of the Constituent Assembly rejected Deshbandu’s nomination.
Maithri sent three names to the post of Inspector General of Police during Maithri’s presidency. Maithri didn’t understand who he wanted. Ranil was the Prime Minister and the Legislative Council elected Pujith Jayasundara. Maitri reluctantly accepted it.
Although the tradition is to send three names, Ranil, by giving extension of service to Wickramaratne and then sending only the name of Deshbandu, to the Constituent Assembly for the post of Inspector General of Police deviated from that practice.
While Deshbandu was still serving as Inspector General of Police, the Supreme Court convicted Deshbandu of violating human rights and ordered him to pay compensation and ordered the Police Commission to conduct a disciplinary inquiry against him.
Ranil did not care about this decision either. Deshbandu was still in the post of Inspector General of Police. No disciplinary proceedings were initiated against him. He appointed Deshbandhu by saying that the Constituent Assembly did not favour Desabandu but speaker giveing a letter in favor Deshbandhu. A President cannot appoint the Inspector General of Police after taking a letter from the Speaker after the meeting of the Legislative Council, even though the majority of the Constituent Assembly has voted against appointing Deshbandu to the Speaker. Ranil unconstitutionally made him IGP.
On the other hand, despite requests from the Catholic Church and Cardinal not to appoint him due to his failure to act in preventing the Easter attack, Ranil appointed Deshbandu as the Inspector General of Police. Usually, in any country, someone accused of failing to prevent a bomb attack is not only kept away from high positions in the security sector but is also removed from their positions. A recent example is the resignation of the US Secret Service Director, who took responsibility for an assassination attempt on Trump.
The Catholic Church and the Cardinal are waging a significant battle to create such a culture of accountability in Sri Lanka. This fight benefits not only Catholics but the entire country. As a result, the country’s security forces remain on high alert, ensuring no faults occur. This vigilance is crucial for protecting the nation. The Easter bombing happened because the security forces ignored warnings and failed to act promptly.
The security forces have woken up from the court rulings related to the Easter bomb, but the politicians are still asleep. The Rajapaksas woke up from the ‘aragalaya’ and withdrew. But Ranil, who took advantage of the ‘aragalaya’ and became the president, is still in his death sleep.
The court ordered that the local government elections be held immediately. He did not adhere to that order. The court gave an order that the IGP had violated human rights. He ignored it. He instead used Parliament to attack the judiciary. Now the court has issued a restraining order against the IGP for his unconstitutional appointment. The cabinet has issued notices saying that they needs time to study the order.
Former Chief Justice Sarath Silva was right. There has not been a president in Sri Lanka who clashed with the judiciary like Ranil. Ranil has a few days left. Even though the whole country has woken up from the struggle, Ranil is still in a dead sleep. Ranil does not care about the public because Ranil did not become president by public vote.
On 28.04.2015, Ranil gave the following speech in Parliament presenting the 19th Constitution Amendment Act.
‘I remember JR. One evening after President Jayawardena retired, he said to me that there was a big debate about this. Ranil anyone who sits there would not like to give up that power. You have to get him out when his term is over…..
(Ranil said that whoever sits in that chair does not want to give up that power. So you have to throw him out when his term ends). That’s true.’
Ranil Wickramasinghe
2015.04.28
parliament
(Handard report 867-868)
Now Ranil has become what JR Said. I don’t know if the Supreme Court woke Ranil up Ranil from his sleep saying that the term of office is over by ordering that the presidential election be held on the scheduled date. Or as JR said trying to send the president after his term is over. It is not know if the court will do this. However, Sri Lanka has nothing to fear from this presidential election.
‘Where you are – there is no fear or doubt…’
These are comforting words when looking at the decisions of the Supreme Court.
