3 December, 2020

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Impeachment Of CJ – Dumping A “Kleptocracy” On Sinhala South, Not Forgetting Tamils & Muslims

By Kusal Perera

Kusal Perera

President Rajapaksa keeps every one guessing, though few would want to believe him now. But that’s good enough for him. He used the stage of the Institute of Charted Accountants of Sri Lanka on Tuesday 11 December (2012) to tell the urban middle class and its professionals, that he was not for impeaching the Chief Justice.

President was quoted as saying, “How did this all start ? The opposition went and submitted a complaint with the Commissioner of Bribery and Corruption without even our knowledge. The opposition then said that punishing the husband (Chairman, NSB – Pradeep Gamini Suraj Kariyawasam) will not suffice because his wife (CJ – Shirani Bandaranayake) holds a high post. Therefore they said that justice won’t be meted. I wasn’t the one who did it. All government MP’s were completely silent on the matter. They were the people who went to the bribery commissioner and told the media that they would initiate an impeachment motion first.” [DM on line – Wednesday, 12 December 2012 05:09]

But they, the Opposition, did not impeach her. It was 117 government MPs who signed the motion impeaching her and handed it over to the Speaker. It is not necessary the Speaker should immediately accept the impeachment motion and appoint a Parliamentary Select Committee. IF, let me stress this, IF the President did not want to impeach the CJ, then he could have easily stopped his elder brother, Chamal Rajapaksa as Speaker of the House, from pursuing on that motion. But he did not.

This whole brawl between the CJ and the Executive started in the open, grabbing media attention in September. The Secretary to the Judicial Service Commission (JSC) issued a statement to the media on 18 September, as instructed by the Commission, with carefully nuanced mention of pressure brought on the CJ and the judiciary on decisions the JSC made by the highest in government. Every one knew who, it meant. Reaction to this statement by the President who met a collective of editors on 28 September at Temple Trees over morning tea, implied there was going to be a malicious and a ruthless backlash on the highest echelons of the judiciary and was soon proved so, in open daylight with Secretary JSC, going under a goon attack. Rest is recent history.

The impeachment process started off with the Rajapaksa regime deciding it would control all proceedings to have their decision imposed, the way they want. The Parliamentary Select Committee (PSC) was constituted with a 07 to 04 composition between government and opposition Members, respectively. It began investigations into the 14 charges listed in the motion, without any witnesses or documents available, or called upon. It continued without any agreed procedure for investigation and without any reasonable time given for the defence. It was seen and was without doubt, in a mighty hurry to conclude the investigation(s).

Nothing more and nothing different could be expected from this regime. What nevertheless remains to be seen, expected and therefore discussed is the outcome of this single episode tragi – comedy, scripted and directed by this Rajapaksa family regime. Apart from all the political blundering by the parliamentary opposition including the TNA and the JVP by compromising on the PSC the Wickramasinghe way, the impeachment defined the next logical extension to the 18th Amendment to the Constitution.

The flat argument put forward by Wickramasinghe that supremacy and sovereignty of this parliament is sacrosanct, is a total lie. Parliament is now a body of elected men and women, representing the Executive and not the people, with cross-overs and buy-overs holding even ministerial positions. President Jayawardne‘s 1978 Constitution that made the Executive the Head of State, also made the Head of State the authoritarian leader of the ruling political party. Ever since then, the legislature, the parliament lost its democratic essence and supremacy. After Sarath N. Silva‘s determinations as CJ on cross overs, the parliament has no validity and no credibility as a representative body of the people. The parliament today reflects the optimal decay and degeneration any elected body that is alien to representing the people could have. The conceptual difference between an “elected” parliament and a “representative” parliament of the people, is too wide and contradictory to be even compared.

The will and the sovereignty of the people is therefore being expressed outside parliament, in the form of continuous protests and agitations, pickets and work stoppages on most everything; from high cost of living, wage increases, arbitrary arrests, involuntary disappearances, serial killings, sexual abuse and rape, break down of law and order, unconstitutional bills brought to parliament  to even this present impeachment motion. People’s response to governance mobilised outside parliament can not be substituted through Standing Orders and legal jargon in a parliament that only decides according to the dictates of the Executive. Wickramasinghe’s argument on the supremacy of parliament, thus gave the right to a discredited lot to sit on judgement, over the highest in the judiciary, in the “name of the people”. Her innocence or guilt being another matter after an investigation by a constitutional mechanism with independence for serious and impartial investigations.

His next argument, Sri Lanka would lose its Commonwealth membership unless there is an impartial impeachment process after it was allowed to conclude investigations by participating in it, is as good as Rajapaksa saying he was not for the impeachment of the CJ. But what relevance has the Commonwealth ? That has not been and will not be worth a hoot, in Sri Lankan politics. There was NO Commonwealth during the pre conflict period that cared to intervene on SL democracy and decency of rights. There was NO Commonwealth in sight during the armed conflict period when there were numerous attempts at negotiating a decent, democratic conclusion to the national conflict. No Commonwealth even during the human tragedy called “war against LTTE terrorists” that now debates numbers in thousands after a massive human massacre. The Commonwealth is not even now interested in any of it, when it’s Heads of Government Meeting is scheduled in Colombo for 2013 November, hosted by the Rajapaksa government. So why bother about a Commonwealth, which is only ceremonial and a few political elites from post colonial countries meet once every two years to spend millions from tax payers money ? (The 2011 CWHOG in Perth, Western Australia was estimated to cost USD 69,449,169)

The impeachment has other and more serious issues for Sri Lanka than the Commonwealth membership. While the 18 Amendment allowed for the repeal of the 17 Amendment, it also allows Rajapaksa to continue contesting presidential elections one after another, if he can win. That plainly says, the Rajapaksas are working to stay long in power, as a closely knit family dynasty. Such a dynastical family rule can not allow those they consider “aliens” to its regime to question its authority. It therefore needs enormous power that would remove every space the people could have in challenging the regime. The necessity for such usurping of unquestionable power comes logically with enormous accumulation of unaccounted wealth by undeclared means. In short, the whole constitutional governing process is being revamped and refurbished to remain as a constitutionally unaccountable and unchallenged system of governance.

For the Sinhala South and the Tamil and Muslim people, the usurping of power is about abolishing of the 13 Amendment. It is about further accumulation and centralising of power necessary with the regime. The Sinhala society for now would take it as “good punishment” for Tamils who wanted a “separate State”. They little realise that its not just Tamils being denied their political and democratic rights, but the right of the Sinhala South that for over 60 years lost its right to develop economically, rid poverty and live a modern, democratic society. Centralising of power in Colombo had denied them of any decent development in the provinces and would now rake in their wealth to Colombo too. It has over 60 years left economic poverty, social dependency and absence of cultural life, the legacy of refusing to have devolved power in the provinces. And, Weerawansa‘s NFF of the UPFA is given the license to keep the anti devolution campaign going, while the impeachment against the CJ is being manipulated.

Its not just Weerawansa who is kicking off a campaign in justifying further centralising of power. This regime, lives on Sinhala-Buddhist frenzy in the South, in accumulating and usurping power, by way of illegal and criminal campaigns like the rampaging “Bodhu Bala Sena” (literally translated to English as ‘Army of Buddhist Power’). This gangster type group led by saffron clad men, who break into government family health clinics, into Christian churches and even storm police stations to have law in their hands, are never arrested and produced in Courts by the police. Nor are they taken into custody and detained, for breach of peace, racial and or religious amity. Never even baton charged as they do with other “rights based” picketing or protesting civil groups and organisations. This Rajapaksa regime would certainly not want to even hear, this Buddhist mobster gang is vandalising public life and property. They need such Hitler’s “Brown Shirts” types to keep the South intimidated, to go along with more usurping of power.

Such is in practise in the North and East with heavy security operations used against especially youth that accounts for disappearances, arbitrary arrests and detentions. A reason for the government to propose amends to the Criminal Procedure Code to allow the police to detain a suspect in their custody for 48 hours, instead of 24 hours, for now. That with the UNP parliamentarian Wijeydasa Rajapaksa as President BASL, accepting extended time as necessary with a heavy increase of crimes, as he said. A sorry interpretation of politics in understanding the total breakdown of law and order, corruption in law enforcement and the total consent in the regime to allow such politicised anarchy in enforcing law.

We thus have a legislature under the total control and dictates of the Executive and a regime now decided to take over the remaining third segment of governance, the judiciary, under its firm control to complete a “Constitutional Kleptocracy” (klepto = compulsion to steal + autocracy = complete one man rule). The irony remains, the Opposition is in no mood to leave aside its timid, compromising, conservatism in giving the people a political direction for a better future. That responsibility too is left with Citizen groups in debating, discussing a programme to move forward.

*Written on invitation for Sri Lankan Tamil magazine “Samakaalam” – 2012 December, 16 – 31 issue

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    As reported by the media, the President spent the entire day today engaged in religous observances. It is no coincidence that he becomes extra religous during times of crisis.
    He relies heavily on the Sinhala Buddhist polity for support. He is not averse to playing the religous or communal card when required and keep the communal pot on the boil to mitigate any negative fallout from his undemocratic actions.

    Dhammapada

    264. Not by shaven head does a man who is indisciplined and untruthful become a monk. How can he who is full of desire and greed be a monk?

    265. He who wholly subdues evil both small and great is called a monk, because he has overcome all evil.

    266. He is not a monk just because he lives on others’ alms. Not by adopting outward form does one become a true monk.

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    You must thank the erudite legal luminary, the ardent Buddhist Sarath Silva for helping his friend to buy over the M.P,s .We must also thank the “permanent leader of the opposition” for helping in the defection. The CL is also not without blemish.She should have not succumbed to the pressure of her former Professor and not acted correctly with regard to the 18th amendment.She should have also seen that her husnand did not accept employment under the Government. Poor the Bodhishatva is innocent of the attempt of the 116 M.Ps trying to impeach the C.J as he was unaware of “Helping Hambantota”. What a country and what will happen with these unpatrotic leaders – the Bodhisatava and the Permanent Leader of the Opposition

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    Excellent article. Simply written. Can’t write more than this. If the people of south don’t understand this, the country is never going to move forward.

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    Superb kusal , i tend to agree with all most all the analysis, except the CHOGOM 2013 part , MR loves to be in the limelight , be it a Grade 5 scholarship exam , O/L ,A/L exam best results photo opportunity or any significant winning sport event you name it , basically any thing and every thing deem important for his highness , he will dare not miss such an opportunity. in such a backdrop do you think he will ever let go such a life time opportunity , no way ! Just look at the resent past, why did he take a huge risk to go to London and give a lecture at oxford uni ? What was the real reason?
    he is a megalomaniac, wants to concur the world and dying to rub shoulders with the elite , Swaziland, Iran , china , Kazakhstan won’t do that job , he wants the Royals , Brits, Canadians, Ausis, kiwis etc at his stronghold Hambanthota , just imagine how proud will he be there if the event to go ahead , remember the last disastrous tour to London(Jubilee ) , what a humiliation and embarrassment for the country ? is there any other way that he could regain all that lost glory ,pride & dignity ? that is of course CHOGAM 2013 , but definitely it will come with a price , UK and other concerned countries will pull the strings , already all the visible signs are there kusal .

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    PARLIAMENT IS A RUBBER STAMP OF MAHINDA RAJAPAKSE AND THE MUPPETS BOTH PORCHASED AND OTHERS WANT [POSITION AND PERKS HELL WITH THE COUNTRY

    NOTHING WILL BE DONE WITHOUT MAHINDA RAJAPAKSA’S INSTRUCTIONS.HE PLANTED HIS BROTHER WHO WAS A SECURITY OFFICER AS SPEAKER TO SAVE HIM IF THERE IS AN IMPEACHMENT.

    BASIL’S EDUCATION OR EMPLOYMENT BACKGROUND NO ONE KNOWS BUT WEBSITES SAID HE WAS A PETROL PUMPER IN LOS ANGELES.

    GOTABAHAYA WAS A COMMISSIONED OFFICER OF THE ARMY JUNIOR TO SARATH FONSEKA BUT THEY TOGETHER WITH DENZIL KOBBEKADUWA FOUGHT THE LTTE IN 1987.

    ALL THIS TROUBLE TODAY IS DUE TO THANHA AND WRONG ACTION.TIME IS UP FOIR HIM AND THE DYNASTY ROBBING AND BECOMING RICH IS OVER.WHAT WAS DONE TO SARATH FONSEKA HAS TO COME BACK TO MAHINDA.

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    Looking at what has been done to the career and the reputation of a well educated and decent lady, by a group of wretched individuals, tell me that you can still tell your kids, with a straight face, that education is the best weapon of life because no-one can take that away from you. That an educated person can stand tall amongst men (people) and shine like stars… and the rest of the BS.

    Hey, as long as we can get that vehicle permit, who the hell cares about that sh*t, right?

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    AAFTER ALL THE DIRTY DEEDS HE HELICOPTERS TO THE RUWANWELISEYA AND PLACES A ROBE AND ASKS FOR DIVINE BLESSINGS.THE DAILY NEWS CARRIED THE PICTURE TODAY
    IF SUCH TYPE OF BLAGGARDS GET DIVINE BLESSINGS THEN ITS A SAD DAY FOR THE VIRTOUS BUDDHISTS.BUDDHA SAID YOU REAP WHAT YOU SOW.
    THE MONKS ALSO RECITE PIRITH THE DOUBLE TONGUED ROGUE IS LISTENING WITH THE SYCOPHANTS AND ALL AT TAX PAYERS COST,PROBABLY DIVULGANE MUST BE SINGING TO SOOTHE HIS HIGHLY TENSE NERVES.
    THE WHEEL OF DHAMMA WILL TURN AND IT HAS NOW STARTED AND ALL THE PARIAHS WILL WILL FACE JUDGEMENT.

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    Not only the Southern Sinhalese,but other rural poor will also be flabbergasted if they can see this incessant campaign to sabotage the current Economic programs that are in place across the nation.

    This Economic boom is helping the long suffering rural poor to put food on the table for their families without begging and borrowing.

    But the Hultsdorphians who are rolloing in moolai reckon they are hard done because their favoutite CJ now, can’t deliver them the goods.

    It is worth casting the minds back a little and see the progress of these protests.

    Grease “.Yakkos”,JVP Unionists, including JVP undergrads,UNP one faction ,FUTA dudes, Dons marching from Matara to Maharagama,and now mother of all, the protests by the Hultsdorph heavies.

    And it is not Rocket Science to work out who are the organizers, financiers and promoters of these campaigns are.

    Mr Kusul Perera says Southern Budhists are busy in raiding Medical Clinics, Christian Churches , kiddnappings and all sorts of other bad things.

    Until 2009 these Hultsdorhp luminaries were very quiet, perhaps too busy issuing HCs and fundamental rights petitions.

    With Mr Kusul Perera pointing out all these bad acts of the Southern Buddhists, how come these Lawyers do not have much work?.

    By the way it is very nice of Mr Perera to give the Free Dictionary break down of Kleptocracy,

    It would have been preferable if it was at the top.

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      Sumanasekera – You say “Not only the Southern Sinhalese,but other rural poor will also be flabbergasted if they can see this incessant campaign to sabotage the current Economic programs that are in place across the nation.”

      What do you think they would say, or do you think they will be flabbergasted if they know how the “current economic programs” are contributing more to the welfare of the Rajapakses than to the country (read ‘Night Races’ and the ‘duty-free racing cars’ for starters)? And what of the actions of their friends and cohorts Duminda, Mervyn, etc? Are the “Southern Sinhalese and rural poor” happy about them, or will they be flabbergasted?

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    In A nutshell ” IF YOU WANT TO DESTROY A NATION BY ALL ALL MEANS HIM (MR)POWER.

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    It is a matter of time fot the regimes end…but it could be too long and too costly for sri lankans to ..tolerate…..but we know nothing is permanent

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    At A’Pura posters say: Jaya Shri with his lying smile.Even places of buddhist worship is not spared.

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    According to this man Kusal’s Logic, it is RW who is at fault for the cross overs and not the ones who crossed over. RW allowing MR to commit harakiri, using the Legislature, again when the Commonwealth has the Latimer House Resolutions very clear on the removal of a sitting Judge, for RW to point out that how one could remain in the Commonwealth when the Commonwealth has it’s own procedure to adopt? This has exposed MR to utter false hood and denying same. Yet this man Kusal does not see the importance, as he says the Rajapaksas will not give two hoots for the Commonwealth. Then why is it that MR said that he will appoint another Indepndent Inquiry? Is Kusal serious that MR does not care about the Commonwealth and losing out on the CHOGAM meeting scheduled for Nov ’13? Can Kusal explain why MR spent over Rs. 500 mil on the Commonwealth games bid? Kusal you are entitled to be anti RW, but trying to distort the true picture to project you as a Puritan and Prophet is out of the question.

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      This is how the Commonwealth works! They are satisfied and they would come here to give MR the chair for two years!!! Read the FT news item below pls.

      C’Wealth Secretary General calls GL over CJ’s impeachment

      Published : 12:08 am December 15, 2012 | 908 views | No comments so far | | E-mail to friend
      Commonwealth Secretary General Kamalesh Sharma telephoned Sri Lankan External Affairs Minister G.L. Peiris early this week to discuss the impeachment of Chief Justice Shirani Bandaranayake, the Commonwealth Secretariat said.
      A statement issued on the Commonwealth Secretariat website said that the Secretary General had expressed appreciation for the briefing provided by Minister Peiris and the readiness of the Government of Sri Lanka to discuss concerns that have been raised regarding the impeachment of the Chief Justice.
      “We encourage full and practical application of shared Commonwealth commitments with regard to the impeachment process,” the Secretary-General concluded.
      He said all Commonwealth governments have recognised the importance of maintaining the separation of powers and the integrity of the roles of the Executive, Legislature and Judiciary, and all Commonwealth governments have recognised that access to justice and an independent judiciary are fundamental to the rule of law.
      Minister Peiris and the Secretary General had agreed to remain in contact about the issue, Sharma said.
      The Secretary General’s comments followed the announcement that Sri Lanka would be the hosts of the Commonwealth Heads of Government Meeting (CHOGM) in November 2013 and would serve as CHOGM chair for two years following the summit.

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        Amaranath, the Americans who weild power in the UN, the Commonwealth, the EU and even the Australians, Russians, the Chinese and the Indians have their own agendas of supporting Despots as MR for their gain. This is the sad part of it. Yet there are some within these groups who stand up for the Principles they are meant for. If the Commonwealth thinks of allowing MR to host the CHOGM Summit for him to have the Chair for a period of two years, it would be similar to Mrs. B being appointed the Non Alligned Queen in ’76 to be ousted in ’77. One thing is, it will certainly expose the duplicity and dishonesty of the Commonwealth, if they allow MR to host the CHOGM, after being pointed out violating the Latimer House rules adopted not by anyone else but by the Commonwealth itself. Anyway interesting times ahead!

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          SO Mr. Gamini,
          Now you know, the Commonwealth is also a farce and RW, your leader is a bigger farce. You started off by blasting Kusal Perera saying “this man Kusal does not see the importance….” Of the CW. You seem to believe the Latimer House Resolutions could do wonders. Where has it done so? Rwanda ? Sierra Leone? Pakistan ? Where ?
          CW is a big farce no head of State gives it any serious thought, except to have some ceremonial publicity and for those around MR to make another quick buck and for MR to promote Namal in another foreign forum.
          Read Kusal P again. He is right. RW is ALSO part of the problem.
          16 years as leader, he has not allowed a respectable, intelligent second level leadership to grow within the party, the way his uncle JR did. JR had Gamini D and Athulathmudali and allowed Premadasa too. What has RW done?
          Amarnath

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          Amaranath, the maximum one can do is to appeal to the conscience of the right minded individuals who are occupying posts in these Organisations, no matter there are the corrupt members who are helping despots. So it does not help, helping ones with checkered careers to oust the corrupt expecting ideals of honesty. Only the proven with a track record of honesty as RW stand out, if we are truely to achieve the common ideals.

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    WE DANCED ON THE STREETS AND ATE “KIRI BATH” WHEN THE POOR TAMILS WERE BEING SLAUGHTERED. JUST BECAUSE ONE MENTALLY ILL MAN TOOK ARMS WE SHOULD NOT HAVE SLAUGHTERED THE INNOCENT UNARMED TAMIL CIVILIANS.

    THE SIBLING OF THE FIRST FAMILY GAVE THE ORDERS FOR THE INDEPENDENT OBSERVERS TO VACATE THE AREAS SO THAT THEY WOULD NOT BE ABLE TO REPORT THE TRUTH OF WHAT WAS GOING ON IN THE WAR TORN AREAS.

    BUT THE SATELLITE PICTURES AND THE STUPID SOLDIERS CAMERA MOBILE PHONES HAVE GIVEN AWAY THE TRUTH.

    HOWEVER MUCH ONE TRIES TO COVER UP THE LIES, THE TRUTH WILL ALWAYS PREVAIL. THIS IS WRITTEN IN ALL THE RELIGIOUS BOOKS.

    NOW WE ARE PAYING THE PRICE FOR THIS EVIL.

    PLEASE GOD HELP THE PEOPLE OF POOR SRI LANKA.

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    Please do a proof reading before publish these articles. Unable to spell Chartered. Even Island had this spelling error. The writer appear to be frustrated left wing unguided missle. He says, large sum of unaccounted accumulated wealth??. The writer must be able to account for this unaccounted wealth?? Anyone can assume from their arm chair but it does not carry any weight. I feel that it was an error of judgement to impeach the CJ ( based on what we can read through print media ). However, my only point is there was Rs 250,000,000 entry in her bank statement. If it is correct, that single entry is good enough to proove her unsuitability to the job. Apart from that her husband has a reasonable chance of being convicted on NSB-FC deal. These two points in isolation is good enough for her to quit.

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      Amal
      “Please do a proof reading before publish these articles.” Have you ever heard the expression, “Pot calling the kettle black,” because, if you haven’t, you should given that your English is certainly not of a quality that permits you to criticise how anyone else writes in that language!

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    “Bodhu Bala Sena” (the army of Buddhist power.It is similar to the “Siva Sena” a Hindu fascist set up in Mumbai which was under the aegis of late saffron clad Bal Thackeray.Both have a fascist connotation.The Siva Senas logo is the tiger’s head which the LTTE also replicated on it’s flag.The Siva Sena extortes money from business and justifies violence against non Maharastrans like North and South Indians.It has a powerful connections and influence over the running of the local Bollywood fim industry and is a deciding factor in the administration of local government in Mumbai and weilds influence over the police.Like the Bodhu Bala Sena the Siva Sena also resorts to rampaging campaigns in the name of Hindutuva and ransacks business and properties who they consider as alien.Any trade union coming under the influence of either the CPI or CPI(M) is not tolerated.
    When Bal Thackeray died recently all activity in Mumbai came to an enforced standstil,shops,business and cinema houses closed and even public and private transport were affected.
    A young girl who happened to tweet on her computer about this was located and hounded for the said message including her friend who had commented on it.
    Both of them were taken into custody and finally released without charge due to the massive protest by the public and the intervention of the central government.

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