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Arrests and duplicity

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Friday 9th June, 2023

Speaker Mahinda Yapa Abeywardana finds himself in an unenviable position over the arrest of All Ceylon Tamil Congress leader and MP Gajendrakumar Ponnambalam, who was granted bail after being produced before the Kilinochchi Magistrate’s Court, on Wednesday. He is under fire from the Opposition, which says he did precious little to prevent Ponnambalam’s arrest, but the government MPs have endorsed police action. Opposition Leader Sajith Premadasa has said he does not approve of what MP Ponnambalam is alleged to have done, but the latter should not have been arrested on his way to Parliament. He thinks there has been a breach of parliamentary privileges.

Speaker Abeywardana insists that he is without power or authority to prevent the police from making arrests. The question is whether the police would have been allowed to arrest a government MP for berating the police, or whether any action would have been taken against Ponnambalam if he had been supportive of the ruling coalition. When MP Ali Sabri Raheem, who has crossed over to the government, was recently nabbed by the Customs at the BIA, with 3.5 kilos of gold and nearly 100 smartphones, he was allowed to walk free after paying a fine amounting to only 10 percent of the value of the contraband goods, which were confiscated. Pointing out that a smuggler without political connections would have been made to pay a fine equal to the total value of the illicit goods taken into custody, the Opposition has asked why no action was taken against MP Raheem for violating the exchange control laws.

In a widely-circulated video, MP Ponnambalam is seen launching into a tirade against a group of policemen, one of whom pays him back in his own coin, in Vadamarachchi, recently. According to media reports, the incident took place near a GCE O/L examination centre; did it disturb the students sitting the exam, and if so, action should be taken against all those responsible for the commotion. Such behaviour is unbecoming to the so-called lawmakers and law-enforcement officers.

The Vadamarachchi incident would not have developed into a mega issue if MP Ponnambalam had made a statement to the police when he was asked to do so. In fact, there would have been no issue at all if he had refrained from confronting the police personnel, allegedly obstructing them in the process; the situation, we believe, could have been handled wisely. The matter, which is now before a Magistrate, is best left to the learned judge. We only discuss some political aspects thereof.

We usually do not have a kind word to say about the police, but they should be treated with respect, and must not be obstructed while on duty. All politicians, save a few, ride roughshod over the police albeit to varying degrees, but angry reactions from the latter are extremely rare. Will the police stand up to the unruly government MPs as well?

All MPs must be treated equally. What MP Ponnambalam is alleged to have done in Vadamarachchi pales into insignificance in comparison to charges against State Minister Diana Gamage; the CID did not arrest her even though the Colombo Chief Magistrate held that the police could take her into custody without a warrant. What made the police baulk at arresting her? Is it that the government thinks all MPs are equal before the law but the members of its parliamentary group are ‘more equal than’ others?

As for the clashes between the MPs and the police, one may recall that in late 2018, the Rajapakasa loyalists in the UPFA parliamentary group went berserk in Parliament in a bid to prevent the UNP and its allies including the JVP and the TNA from toppling the 52-day government, hurriedly formed by the then President Maithripala Sirisena and former President Mahinda Rajapaksa, in a questionable manner.

They turned violent in the House, and even lunged menacingly at Speaker Karu Jayasuriya, who had to be escorted to safety. They then damaged furniture and microphones in the House and threw chairs at the policemen protecting the beleaguered Speaker. It is a non-bailable offence to damage public property. But no cases were filed against those violent MPs.

What’s the world coming to when the MPs who throw projectiles at the police inside Parliament itself and smash up public property are let off the hook but legal action is taken against an MP for hurling verbal abuse against some police personnel and allegedly obstructing them? The government has made a mockery of its ‘one-country-one-law’ slogan, which it makes out to be its guiding principle. The aforesaid instances of duplicity make one wonder whether that catchphrase should be changed to ‘one-country-two-laws’.

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