27 September, 2021

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Waging “Lawfare” Against The Rajapaksa Camp: Beware Of Blowback

By Dayan Jayatilleka

Dr. Dayan Jayatilleka

Dr. Dayan Jayatilleka

Don’t you just hate it when people who should know better make huge mistakes which have been made before with disastrous consequences for all concerned– in other words, huge avoidable mistakes?

Take this Government for instance. It has crossed a line which far stronger and more legitimate i.e. popularly elected, predecessors did not. Its predecessors did a few things of the same sort with disastrous consequences, but this government is venturing far beyond.

Take the “legal fascism”, or less dramatically, the “lawfare” (to borrow Emeritus Professor Richard Falk’s phrase) involved in locking up an unprecedented number of Opposition parliamentarians, interrogating high officials etc. A precursor of this conduct was the behavior of Felix Dias Bandaranaike in the 1970-1977 administration, so well brought to the screen in Gamini Fonseka’s “Sagarayak Meda”. The Felixian model of detentions at Paget Road, the Bribery Commissioner’s raids, the dissolution of Municipal authorities and the appointment of Special Commissioners, is sought to be emulated by the Yahapalana regime, though the place of detention is far rougher this time around.

That mode of conduct against one’s rivals within the (democratic) System caused considerable polarization in the sociopolitical atmosphere, culminated in the loss of Felix’s civic rights and led to the erection of a far more authoritarian successor regime. In a word: blowback.

The Yahapalana regime’s political errors also echo those of JR Jayewardene. Why was JRJ unable to move forward on the issue of devolution as agreed upon with India’s special envoy G. Parthasarathy Sr. in 1984? One important reason was that a significant section of the SLFP was in a spoiler mode, even though its ‘moderate’ rightwing had been semi-neutralized with the backstage dialogue between Anura Bandaranaike and president Jayewardene. The SLFP ‘moderates’ could not carry the day because the SLFP at large was embittered due to the presidential commission, the removal of the civic rights of Madam Bandaranaike and the jailing of the party’s rising star and Asst. Secretary Vijaya Kumaratunga on bogus charges of being a ‘Naxalite’ (the latter act was one in which the SLFP Right was complicit). One recalls the blistering Sinhala nationalist attack on President Jayewardene’s All Parties Conference on ethnic reforms and Annexure C, launched in 1984 by the SLFP’s official newspaper “Dinakara”.

It took sagacious US diplomacy in the form of Ambassador Howard Wriggins, an old Sri Lanka hand, to lobby for the removal of civic disabilities on Mrs. Bandaranaike, but that restoration of her civic rights came too late (early 1986) to restore systemic equilibrium and re-stabilize the situation. Far too much bitterness had accumulated within the democratic political mainstream, while the systemic safety valves had been damaged by far too much tampering.

The liberal Realist, ambassador Howard Wriggins understood that unilateralism would kill the prospect of reform; that broad and organic consensus—and not merely the cooptation of the liberal Anura Bandaranaike — was needed; that a rapprochement with the personality of Sirimavo Bandaranaike was necessary to bring the Sinhala nationalists on board or at least keep the backlash within democratic systemic limits. Professor Wriggins couldn’t convince the UNP’s adventurist hawks of the dangers of political polarization.

What was practiced by the ruling elite was defined by Mervyn de Silva in the Lanka Guardian, as “the fine art of self-destabilization”. What we experienced as a result was the “Bloodflood” of the 1980s, as Qadri Ismail titled his incandescent unpublished manuscript. Even India was sucked in, but failed to stabilize the situation and was ushered out, badly lacerated.

Ranil Wickremesinghe was one of those hawks of the UNP administration of the 1980s and he hasn’t learned much. Chandrika is far too full of spite towards her predecessor to think through the implications of the current course.

Yesterday and the day before, the administrations of JR Jayewardene and Sirimavo Bandaranaike had a two thirds majority, when it made those dangerous errors of excess.

Today, an unelected administration which does not command a majority in Parliament is about to repeat or exceed those errors. Mahinda and Gotabhaya Rajapaksa are incomparably more popular today than Sirimavo and Felix were in 1980, while the Yahapalana troika is far less popular, especially in the Sinhala heartland, than Sirima and JRJ were in their heyday—and yet, the Rajapaksas and their loyalists are being relentlessly targeted.

The Yahapalana ruling elite is trying to turn an electoral victory( an unorthodox one to be sure), not into a tool to right the balance of a system gone to excess, but to act out a neoliberal revolution with antecedents in Eastern Europe, Yeltsin’s Russia, and the Arab Spring.

It is treating the defeated yet popular Mahinda Rajapaksa and his loyalists in the SLFP, the UPFA and former officialdom as if they were the old Communist establishment of the GDR or the Iraqi Baathists. Unlike the former, the Rajapaksa phenomenon has nationalist roots and democratic legitimacy and unlike the latter it wasn’t defeated in a war. Thus the treatment of this legitimate political movement as an East German Stasi or deposed Baath party of some sort cannot but have the most disastrous consequences.

When all of this heavy handedness against democratic nationalist-populist rivals takes place against the backdrop of the Yahapalana troika’s overly ambitious multi-track project of (1) radical ethnic and political reform (i.e. federalization) (2) internationally “ assisted” domestic accountability mechanisms (3) re-profiling and redeployment of the armed forces (4) reorientation of foreign policy towards the West (5) opening to the Tamil diaspora and (6) re-molding of national memory and consciousness, it is certain to capsize the situation and the System.

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  • 34
    3

    Dayan is taking us to be babies with his essay. Mahinda called the Presidential election early. He lost it. The terms of the LG bodies have completed their terms except a few. The investigations and arrests are largely in order as against MR was in power. Then people were arrested and then investigated. Now it is the other way. If the party feels otherwise they can go to Courts. Even Tissa Attanayake admit the Courts are now independent. Dayan is just trying to hang on the dirty piece of maroon cloth round Mahinda’s neck that is tainted with blood of many innocents persons. It time Dayan realised that Sirisena is leader of the SLFP and also president of Sri Lanka. Sure things are not perfect and it will never be perfect as long a goons and hooligans on all sides are around.

    • 13
      1

      Tea Cut

      Dayan the war monger types:

      [Take the “legal fascism”}

      Probably he coined this mumbo jumbo in order to cover up his intellectual inadequacy and dishonesty.

      mumbo jumbo:

      nonsense, gibberish, claptrap, rubbish, balderdash, blather, blether; rigmarole; jargon, unintelligible language, obscure language, hocus-pocus; gobbledegook, double Dutch, argle-bargle, bull

      Here are some already established legal gobbledegook which would have been more appropriate than what he says:

      Judicial Activism

      Abusing Precedent
      Contorting Text
      Importing Foreign Law
      Judicial Dishonesty
      Judicial Imperialism
      Living Constitutionalism
      Nullifying Rights
      Playing Favorites
      Playing Legislator

    • 15
      0

      “The End is Nigh” for the king of the Rajapaksa sycophants, Dr. Dayan Jayatillaka. These Rajapakse bootlickers will only realise the error of their ways, when the Bribery & Corruption Commission finally jails the Rajapakse family on the “disproportionate assets” charge similar to Jayalalitha’s in Kerala India. The Rajapakse’s people are already in touch with Jayalalitha’s people to study the technicalities with which they managed to squash the conviction, but the evidences to convict the Rajapakses on our shores appear much too solid.

    • 11
      1

      Dayan Jayatillaka,

      RE:Waging “Lawfare” Against The Rajapaksa Camp: Beware Of Blowback.

      Nobody is afraid of Mara. Those who were misled are now realizing it.

      If they did nothing wrong, what is the problem?

      • 1
        0

        Amarasiri,

        The problem is THEY CANNOT SLEEP. They haven’t seen a peaceful night for months from Jan 08th with BEAUTIFUL ROMANTIC DREAMS in FANTASY ISLANDS in Seychelles……instead they are horribly disturbed with NIGHTMARES.

        For all the trouble they gave during the last decade to too many innocent people, they must shiver in their beds and urinate with fear of their end days…..

        DAYAN is wishing always a criminal to run the country….HE HATES THE POOR PEOPLE>>>

        • 0
          0

          Desert Storm

          “The problem is THEY CANNOT SLEEP”

          “For all the trouble they gave during the last decade to too many innocent people, they must shiver in their beds and urinate with fear of their end days…..”

          In Sinhala, they say, Kala Kala De, Pala Pala De.

          You Reap What You Sow. The basic nature of God’s Justice.

          So Mahinda Rajapaka is seeking Help from Gods, and i India as well.

          MaRa is running out of Gods. Do you know any countries that has multiple Gods for MaRA to seek blessings from?

          The 330,000,000 Gods in India are insufficient for him, to clean up his sins.

  • 6
    34

    this government is not better than it’s predecessors. All they do is talk shit about MR.. I honestly don’t give a f%$& as long as you can put the country on the right track. Apparently, Sri Lanka can’t even pay the salaries of civil servants and they blame that too on MR LOL. blame everything on him including Ebola, WW2 and the apocalypse. Another example of penny wise pound foolish Sri Lankan’s who wanted a regime change because they could not afford the extra 5 rupees but were totally cool with not having job security in the future. It’s not rocket science to understand the repercussions of these false promises of wage hikes.
    I know I am going to get the attention of haters but try and analyze the situation rather than chipping in your 2 cents.

    • 9
      1

      I dont think any haters will respond to a naive comment like this.

    • 6
      0

      f=ma
      [Edited out]. Or, you could be one of the Rajapakses, now nearing jail time. Or, even the pseudo CEO of Bellissima Holdings, the fictitious company that was paid US$ Billions by the Rajapakses. God knows who actually received the money but the truth will come out in the Courts. Give up defending these evil crooks and get yourself a legitimate vocation as you are fooling nobody.

  • 14
    2

    If Dayan turns out to be right, more mayhem and bloodshed can be expected in Sri Lanka in the future.

    • 7
      2

      Thiru

      “If Dayan turns out to be right, more mayhem and bloodshed can be expected in Sri Lanka in the future.”

      And you are happy about it and welcome more mayhem and bloodshed.

    • 4
      0

      Another War In Sri Lanka???????????.
      are you happy to see the blood of sri lankan’s flow.

      Then Jarapassa clan will be back to start take commission from War mongers and arms dealers like Big boss Gohothambaya, Udyanga Weerthunga, K P, Sajina will start usual businesses to collect their ill-gotten commissions.

  • 7
    3

    Keep writing DJ! If the ‘multi-track’ project does not work they might send for you. Not.

  • 7
    1

    Dear Dr. Dayan

    I think it is for the voters to decide, finally, if the anti-corruption drive has been excessive, but maybe this is the only thing the United National Parties of our current government can do at the moment.

    I wonder if David Cameron is doing anything of the sort?

  • 16
    1

    “”Mahinda and Gotabhaya Rajapaksa are incomparably more popular today than Sirimavo and Felix were in 1980, while the Yahapalana troika is far less popular, especially in the Sinhala heartland, than Sirima and JRJ were in their heyday—and yet, the Rajapaksas and their loyalists are being relentlessly targeted.”””

    Yes Mahinda & Gotapaya are more popular not only in Sinhala heartland but also in Tamil Homeland and Internationally. They are popular in the Sinhala land because they robbed wealth of the Sinhalese into their pokets and took over the fundamental rights of the Sinhalese such as freedom of speech, freedom of write and freedom of justice and they took the Sinhala nation towards a family kingdom. In the Tamil homeland they are popular because they massacred thousands of innocents, raped hundreds of women and destroyed everything. Internationally, they are popular because they violated international human laws, committed crimes against humanity, and genocide of Tamils.

  • 8
    0

    This Government is turning the Rajapakses into persecuted martyrs. Despite all the arrests, remand, accusations and enquiries not a single criminal has been convicted and jailed. What the hell is going on?

  • 13
    2

    Dr.Dayan,

    Wonder why you did not write similar articles when the Rajapakse Govt; was in power !
    At least, do you agree that there is more media freedom today?

    • 3
      0

      Thamilan

      “Wonder why you did not write similar articles when the Rajapakse Govt; was in power !”

      Sine he has been a smart ass patriot he didn’t have any choice but to support the one who concurred Demelas.

      Remember MR’s brother operated a fleet of white vans.

      A self confessed war monger would only support a ruler who is willing keep the country on a permanent war footing against his own people.

      Wonder whether the war monger had any close connection with arms manufacturers/suppliers.

  • 23
    0

    Do you want the persons you care for so much, be dealt with like Sarath Fonseka, Shirani Bandaranaike and many others?

    “Don’t you just hate it when people who should know better make huge mistakes which have been made before with disastrous consequences for all concerned– in other words, huge avoidable mistakes?”- Dayan in this article.

    We hated it then and were appalled at the mistakes being made. We were nauseated by the stench of justice gone rotten. We argued and pleaded for sanity to no avail.

    Now we are glad that the rule of law and due process have been quickly enthroned and empowered. The law is now after not coconut stealing school girls but the big whales who were frolicking in the dark ocean of corruption. This is the biggest achievement of the new government. The spectacle of the law enforcement and court system working as mandated so quickly after the new government was elected is indeed awesome to behold.

    The people of course want faster action and retribution. However, due process must be followed and those accused should be presumed innocent until proven guilty. They should receive the highest prescribed punishment, if found guilty by the courts.

    There should be no exceptions or exclusions.

    Dr.Rajasingham Narendran

    • 1
      0

      Dr Rajasingham Narendran,

      “The people of course want faster action and retribution. However, due process must be followed and those accused should be presumed innocent until proven guilty. They should receive the highest prescribed punishment, if found guilty by the courts.”

      As we all know due process may take 10 years or more in Sri Lanka but I agree with you.

      “There should be no exceptions or exclusions.”

      The son of a minister is now wanted by the justice. This looks good but I am afraid that the son has been warned and has left the country using the VIP exit.

      “The Colombo Chief Magistrate today issued an order to arrest Naufer Fowzie, son of Minister A. H. M. Fowzie, over an alleged death threat on a businessman in 2012”

      http://www.dailymirror.lk/71977/arrest-order-on-naufer-fowzie

    • 0
      0

      Rajasingham,

      When exactly did “We hated it then and were appalled at the mistakes being made. We were nauseated by the stench of justice gone rotten. We argued and pleaded for sanity to no avail.” happen?

      Wasn’t it after four years of your bootlicking the that same MR regime, and pontificating that all should join hands in supporting MR,the assuardly honourable man?

      When will you realize that it is you and your ilk (yes, Dayan, Rajiva inclusive) who gave all the cover and support the MR’s regime needed to become the monster that it finally ended up as?! You supported the regime, drum-beated on MR’s behalf relentlessly, campaigned to raise funds for that regime, and pontificated against any international resistance to MR’s activities. Let me know which one you didn’t do, and I will provide the evidence!

  • 11
    0

    We have to believe that DJ advocates if one truely or falsely pretend to be popular, his/her corruption related activities can be overlooked.

    The degree of misuse of power, greed for money had led to a very high level of corruption at all sectors and fortunately, the most popular date , 8th January, put a halt to these grave crime, if not these criminal activities would have had a mathematical progression. Naturally, the present government has to go after all these rogues and do best to recover whatever posdible because this is peoples money and in the process punish the guilty in accordance with the Law.

    We all know DJ is an anti Ranil as he cannot get any benefit from him and therefore he would like to put a pro Tamil diaspora/pro west etc etc tag on him which nobody takes notice of.
    It is like an aged guy in a home for aged muttering with no listeners.

  • 3
    19

    You are right on the money Dayan.

    Ranil’s Election Manifesto will be

    * Federal State to Sambandan and Vella Wigneswaran.

    * Federal State for Baththudeen , and Hakeem and Sally, as well although they didn’t openly ask for one. ( Obviously No Limit and other Rag Traders wouldn’t be able to rake in when they are confined to Batti).

    * War Crimes Trials , But in Hultsdorph with Upul and Welimuna as the prosecution.And Uncle Kerry watching over the Judges.

    * Bring the Brave Army boys back from the North. and deploy in the South

    * Give Tigers Dual Passports and Tax Concessions..

    * Kick the Chinese out and get the Yanks in.

    Dayan probably forget to mention the item which reflects Ranil’s Economic Wizardry.

    Which is,

    Sell the Toll Roads, CWE, and CTB to the Foreigners ( Singaporeas, Hindians and 3rd tier Pension Funds in London.or their agents in Colombo.

    • 0
      6

      On the money…..well said!

  • 5
    0

    Dayan Silva to prepare for this Article has inserted his[Edited out]

  • 12
    0

    The gist of all what DJGobells is advocating is that as long as the toleration of the minorities continues there will be no normality in SL and there is bound to be bloodshed.
    Can he suggest ways to get rid of them in this 21century?
    What is his solution ? Sarin gas or nuclear radiation?

    • 1
      0

      nuclear radiation is not required. Dayan nausius writing is effective enough. But MR and good are not there to light the match.

  • 18
    0

    The hypocrite forgets the sagacious behavior of his hero’s persecution of Sarath Fonseka.

  • 14
    0

    All these people are being arrested legally because they have broken the Law. Due Legal process will follow.

    How could a supposedly intelligent person object to these perfectly legal procedures? Are you appalled to see the arm of the law functioning in the proper manner having been accustomed to all the corruption that took place whilst people like you looked the other way or condoned it?

    Shame on you to even bring the subject up unless you anticipate rewards or are on a specific contract!!

    • 9
      0

      bala – “supposedly intelligent” people “object(ing) to these perfectly legal procedures”, says it all!

      Poor old Dayan, tilting at windmills, has lost any semblance of objectivity in spite of his “supposed intelligence”, not unlike his twin commentator Mahindapala. No prizes for guessing why!

      These guys would prefer the culture of impunity, lawlessness, bribery, corruption and all the other ills that caused a majority of citizens to dump them and demand punishment for the perpetrators, chief of who is Dayan’s current idol. What models of propriety they are!

      Another pile of bovine excrement from the predictable Dr DJ!

  • 13
    0

    This article is hilarious! He’s banging on about
    an absolute non-issue. It beggars belief why someone would waste time writing something like this.

  • 11
    0

    Hello Smart Patriot DJ,
    Do you know that the Cuban Leader wants to rejoin the Catholic Faith thinking your critical thining will Cuba capsize ? Can you elucidate on this issue as it will make readers to comprehend your concluding para.

    Anyway, as a regular reader of your biased articles, I strongly feel you need some spiritual help on an urgent basis. I strongly recommend Gnanasara There to be your ideal guru.

  • 6
    0

    The Rajapakse road-show focussing on his “popularity” with the masses in the South is mainly due to the accumulated illegal finances in their hands – much of it siphoned off from various State enterprises like the Divi Neguma. Aski SBD who made stealing from State enterprises a fine art. But the Rajapakse finances and their earlier backs are fastly depleting. One can see this in MRs face these days. The tooth-paste smile is now giving away.

    But it is the duty of the “mukku” brigade hanging around the Rajapakse bandwagon to hold fast with sunshine stories and delusional threats. DJ has little parity there. The fact is most people in the country are dissatisfied with the slow pace of arrests of the major crooks in the last regime. They want to see the wholesale Rajapakse robberies of the past few years exposed. The talk going round is finances in the State treasuries are so run down paying salaries to public servants and pensioners is reaching crisis levels. If push comes to shove here, the Rajapakses will get into the street and tell the Sinhala Buddhist majority the Yapaalanaya lot do not know how to run the finances of the country. Our yakkos will swallow the pill – smiling.

    Comparing today’s round up of rogues with that of the patently illegal arrests of Felix Dias in the 1970s is to deliberately confuse and mislead. Mahinda and GR are not “more popular” – as DJ claims. The ordinary people fear our political system is so grotesque, both politically rejected desperadoes may count on an ethnic riot or two to make a comeback on the Sinhala-Buddhist chauvinistic wave activating the BBS and Sihala Ravaya brigades who only want street action – not legitimate cause.

    To use a hackneyed phrase from Bambalawatta when we were young “comin’ colours no good”

    Backlash

  • 4
    0

    When a teacher ask from the class ‘ name a person who can put his leg in his own mouth’ among the students there was a very popular chap call ‘Amden’. Amden stands…… Name the person,teacher and the whole class agreed with the answer. The answer was DAYN JAYTHIlAKA.

  • 5
    0

    It is “corruption” that is being “relentlessly” targeted.
    Persons involved in corruption must necessarily be held responsible, and they have adequate avenues to prove their innocence.

    Past history of the various governments have no relevance.
    DJ is trying to whitewash his “hero” – Mahinda Rajapakse and his acolytes.
    The probes must proceed relentlessly in courts of law.

  • 5
    0

    I think most right thinking people want to live under the rule of law. When the resources of the people have been plundered it is right that the perpetrators are investigated and if found guilty then punished. Why wouldn’t Dayan want that?

    • 0
      0

      Nadi karunaratne, Dayan does not represent the right thinking people. He represent BACK Plugged people.

  • 0
    2

    “The probes must proceed relentlessly in courts of law.”

    The investigations will continue, and the present government decides whom to target for questions and possible imprisonment. This has nothing to with the fact that these people are the political opponents of the current government.

    Selective Justice? Ah well something is better than nothing.

  • 4
    0

    Dayan Silva tries to term all the justifiable arrests as a witch hunt.
    These scoundrels and daylight robbers were in the line of the firing squad for such a long period but MaRa Mafias not only stood in the middle
    but also used them as their middle man.
    You of course still covering up their crimes. Thank that these are arrests not white van abductions.

  • 5
    0

    This man Dayan has totally lost his moral sense. He is now good only for giving blowjob to evil in the name of political science.

  • 4
    0

    Dear DJ, I am forwarding you a simple question; should the new government decide to drop all charges against the Rajapakse and his family members / colloborators? may be there is a possibility to reach this goal. Please ask the Rajapakse Co. to declare publicly that they would stay away from the actual Srilankan politics and also in the future and to explain the citizenry why they decided to do this. I hope, you can still remember how it was earlier under the former government. MR would give a call to the police and to the justice to order them to inquire into any matters, which he deemed important and the other matterss were of no interest or should not be inquired, of course there will be a big media presence about his orders.
    You may remember as well, that recently the former French President Sarkosy was in custody without that land sliding into anarchy, as you explain might happen in Sri Lanka. The popular is locked up and cannot take part in active politics and not to talk about the face loss he experiences, the for president of Israel Mr. Katzmann is in prison for sexual abuse of his women staff members. So there is no danger of Sri Lanka punching into political chaos, other than the MR patriots want to create such situation. I hope also you are intelligent enough to understand the depth of dangerous situation you are trying to create in Sri Lanka.

  • 4
    1

    “Beware Of Blowback” Is it a blowback from your ass?

  • 2
    0

    Dear DJ, I am forwarding you a simple question; should the new government decide to drop all charges against the Rajapakse and his family members / colloborators? may be there is a possibility to reach this goal. Please ask the Rajapakse Co. to declare publicly that they would stay away from the actual Srilankan politics and also in the future and to explain the citizenry why they decided to do this. I hope, you can still remember how it was earlier under the former government. MR would give a call to the police and to the justice to order them to inquire into any matters, which he deemed important and the other matterss were of no interest or should not be inquired, of course there will be a big media presence about his orders.
    You may remember as well, that recently the former French President Sarkosy was in custody without that land sliding into anarchy, as you explain might happen in Sri Lanka. The popular Ballusconi is locked up and cannot take part in active politics and not to talk about the face loss he experiences, the former president of Israel Mr. Katzmann is in prison for sexual abuse of his former women staff members. So there is no danger of Sri Lanka plunching into political chaos, other than the MR patriots want to create such situation. I hope you are intelligent enough to understand the depth of dangerous situation you are trying to create in Sri Lanka.

  • 3
    0

    Dayan [Edited out]

    DJ, please try to explain to your master that he has been rejected by the masses, Not for the good work that he did in giving political leadership to cleansing the country of terrorism, but for the selfish and corrupt governance of the country by him and his family soon afterwards for 4-years. People expected him to behave like a gentleman and father figure to the nation, but he proved himself to be a thug, a robber and man obsessed with taking revenge from those who disagreed with him.

  • 5
    0

    He prefers the white vans to the rule of law.

  • 3
    0

    I feel according to this article popular persons should not taken into cutody whtever wrong they do. Surely it was our earlier practice. Today in order to establish rule of law people should get the feeling even big people cannot escape if they do wrong.For that serious actions above are essential . Establishing Rule of Law is very important.I have read articles of above author he always recommend Chinese and he does not like West. Wehave experience with Cinese I feel they were not successful satisfatorily.Last government always rejected West. My view is they should have explain our stand to the West without totally rejecting their requests such as media freedom rule of law etc

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