By Asoka S. Seneviratne –

Prof. Asoka.S. Seneviratne

After the Election Commission revealed the details of the presidential election, the public expected a calm and fair election. However, two recent events are profoundly significant because they do not accommodate people’s expectations. The first is the controversial issue surrounding the Supreme Court’s (SC) interim order, which has prevented incumbent IGP Deshabandu Tennakoon from functioning as the police chief. This is indeed the latest of the recent events because it came days before the announcement of the date for the holding of presidential polls.

The second is Namal Rajapaksa‘s statement about President Ranil Wickremesinghe (Prez RW). Both are at the center of election fever, potentially shaping the upcoming election’s outcome. This article examines the above in the context of some senior politicians continuing to plunge the country into a further crisis of uncertainty and suspicion. This seems to be due to their ignorance, arrogance, and power greed that stand against a fair and peaceful presidential election that preserves the democratic rights of the people.

Constitutional Council (CC) jurisdiction of the Supreme Court (SC)

The Prime Minister stated that the Supreme Court’s restraining order preventing IGP Deshabandu from functioning in his post was illegal. In other words, the Supreme Court’s interim order has no impact on the Constitutional Council’s decision, so Deshabandi Thennekoon is still the IGP in the country. The Prime Minister says that the Constitutional Council is an extension of the legislature and is not subject to Supreme Court jurisdiction. This is his utter ignorance. Still, the opponent says this is incorrect because despite having seven Parliamentarians, the Constitutional Council performs an executive function and is categorized under the Executive in the Constitution. The Constitutional Council is not subject to Supreme Court jurisdiction, which is incorrect. Opponent states that “ Article 41 (J) of the Constitution makes the Constitutional Council subject to the Fundamental Rights jurisdiction of the Supreme Court, as confirmed by a seven-judge bench in 2002”.

We wonder if we can see that Thennekoon is exercising the powers or functions of the IGP. Given the above, Thennekoon has not defied the court order. If Deshabansdu continues to function as IGP, he will be exposed to personal contempt of court charges. As Deshabandu cannot be seen, it may prove the Prime Minister’s ignorance.

At the same time, the Speaker said he did not violate the Constitution. The Speaker refuted claims that a wrong decision taken by the Speaker in the appointment of the IGP had led to the whole episode and said he decided to vote to appoint the IGP as per the Constitutional provisions. However, his interpretation is optional because what is stated in the Constitution is the matter. Furthermore, “the Speaker, announcing his stance on the injunction order on the IGP issued by the Supreme Court if an official appointed by the Constitutional Council and Parliament is removed from the position, a special procedure needed to be followed and that in his opinion the President is also not in a position to decide on the Supreme Court’s injunction order on the IGP. If not, we will have to go before the Supreme Court again to resolve the matter,” The Speaker said. The speaker seems to be trying to escape from the unconstitutional thing he committed.

On the other hand, the response from the police minister, cabinet, and President indicated their unwillingness to comply with the SC order. This seems to be another disaster.

The role and responsibility of the President

By repeatedly stating that he rescued the country from the crisis, the President created mounting uncertainty about the presidential election in many ways. It is good that he wants to contest the presidential election to judge whether he has rescued the country from the crisis. Election fever hit a new high last Wednesday (24 July 2024) as sole electoral jurisdiction passed on to the Election Commission to conduct a fair and accessible presidential election. Simultaneously, the President was constitutionally charged with ensuring the environment necessary for such a fair and accessible poll. However, it seems that the president is creating an unnecessary situation as he used to do in the past. As a habit, on some occasions, he used to undermine or criticize the judiciary in the parliament for nothing. If the judiciary has not followed the Constitution, there must be ways and means to reach the right solution because, ultimately, it is the country’s people, or they are the beneficiaries of the decisions taken by the government.

Given the Supreme Court order regarding Dhesabandu Thennekoon, the president’s best option is to appoint an action IGP. The President is not above the law, so he, too, is subject to constitutional requirements or Supreme Court orders. Refusing to follow the SC’s order will negatively affect him because it will also be seen by the rest of the world.  After all, there are past examples of the President appointing Action IGP. Also, President Maiththripala Sirisena accepted the Supreme Court decision that the appointment of Mahinda Rajapaksa as Prime Minister was not constitutional.  Given the above, Prez RW’s refusal to intervene in appointing an Activin IGP may indicate his poor quality of leadership. The leader has to lead. Otherwise, it is a shame and disappointing.  It will be a massive blow to the rule of law and democracy. As Lawyers Collective indicated, “Such a move could propel the nation towards dictatorship,”. Furthermore, according to some criticism, it is the arrogance of power by the President and the Prime minister etc. When their minds are confused due to power greediness, the reality is ultimate destruction for themselves. As a result of Aragalaya, such greedy politicians disappeared from Colombo, and people desperately attempted to locate them. Those politicians seem to have not learned from Aragalaya, so this time, there would not be any escape for them because people are fed up with no bounds. However, the innocent public is just watching the situation.

Accusation of Namal Rajapaksa

Before the Election Commission revealed the details of the presidential election, Namal Rajapaksa made an unexpected and surprising statement about Prez RW, accusing him of attempting to cause a rift within SLPP.

He said Wickremesinghe has a habit of causing divisions within political parties and organizations. “He is attempting to dismantle our party. This is no secret. We supported him with genuine intentions. However, if his response is to try and divide our party, he needs to reconsider his approach,” Rajapaksa asserted.

After two years of marriage, Rajapaksa now only accuses Prez RW. Two years ago, due to Aragalaya, the Rajapaksa family disappeared without a trace. They know how they created a crisis that paved the way for the economy’s bankruptcy. The court has pronounced them guilty. Indeed, they still need to learn from the new generation of Aragalaya. They would not have sought a marriage with RW if they had learned lessons. But greediness for power, they went for a marriage irrespective of the fact that “ we were aware of this when we welcomed him into our ranks.” Furthermore, Rajapaksa emphasized that the party had fully supported Wickremesinghe and had refrained from undermining the Government, even when policies they disagreed with were being implemented”,. Indeed, he is vomiting.  We must question that Prez RW implemented policies that SLPP did not like. If so, what is the value and relevance of those policies of SLPP?. Given the above, SLPP knows well they have hugely contributed to the array of the suffering of the people in the context of the rescued economy by Prez RW.  In other words, in the background of Arahalaya, SLPP caused the economy to collapse. After the Aragalaya, and with Prez RW, they continued contributing to the people’s suffering. If Prez RW had said that it was not him but SLPP who caused all the suffering, I wonder what SLPP could have said. Indeed, SLPP was power blind and is now accusing Prez RW of this and that. If SLPP thinks that people will welcome them, it is the ultimate disaster for the Rajapaksa politics or the family. In short, following this election, Rajapaksa politics disappear forever.  This is well known to Basil, so he is not in the scene now. Mahinda comes and goes because he has nothing else to do at home.

Namal Rajapaksa said “He has a history of dismantling parties and organizations, including the United National Party, the Sri Lanka Freedom Party, the Good Governance Government, the Janatha Vimukthi Peramuna, and even the LTTE”.  This is, indeed, so far, the best statement made by Rajapaksa, and it needs to be carved on a rock. People question who is the most cunning between Prez RW and Mahinda Rajapaksa. There is no doubt Prez RW because, being in parliament for more than 4 decades, SLPP has been caught by Prez RW. Indeed, when Mahinda Rajapaksa broke the SLFP,  he managed to get a considerable share as  SLPP. Prez RW will do the same to SLPP during the next Presidential election. This is the fear SLPP had that it did not name its presidential candidate.

Prez RW failed to break up NPP

According to Namal Rajapaksa, many political parties and organizations are being dismantled by Prez RW. Along with Rajapaksa’s accusation, mushrooming coalitions are emerging, and new parties are appearing. Also, UNP, SLPP, SLFP, and SJB got together and attacked NPP because it was their common enemy. However, those attacks are based on needing more experience or young groups of people and the fast violence of JVP. None is attacking the NPP based on corruption or fraud. NPP categorically and firmly does not want any coalition with any party or organization. It is organizing, managing, and implementing everything only under its umbrella.

During the next presidential election, where the NPP will not be challenged to win, more than 50 percent of SLPP votes will be with the NPP. At the same time, more than 40 percent of the SJB votes will be with the NPP. SJB will be in opposition, and for the UNP and SLPP, there is no way out because people know well that the UNP and SLPP marriage caused the collapse of the economy and, hence, the people’s suffering. Indeed, the marriage has been the vicious toxic that SLPP consumed for death.

Prez RW learned a forever lesson: He failed to break up NPP because it is the most complex rock in the politics of Sri Lanka. Indeed, Namal Rajapaksa did not reveal this or add it to his list mentioned above. Prez RW and other seniors belong to the older generation of politics, which is almost dead by now. But NPP symbolizes the spirit of the young generation who has been fed up with “green and blue” policies hand in hand since 1948. That dark chapter of Sri Lanka police will be closed forever. Accordingly, a New Era with NPP will dawn during the next Presidential Election.

*The writer worked as the Special Advisor to the Office of the President of Namibia and was a Senior Consultant with UNDP for 16 years.  He worked as a Senior Economist with the Central Bank of Sri Lanka (1972-1993) before he migrated to New Zealand. The writer can be contacted at asoka.seneviratne@gmail.com