Is this Minister enjoying immunity?

"Minister Mervyn Silva through his ignominious conduct during the past several months has proved to be the most prominent among them. Having assumed the role of the foremost saviour of the country from its multifarious enemies and claiming to be a descendant of the legendary heroic King Dutugamunu, he thinks he is the supreme authority and commander controlling all activities in the Kelaniya electorate."

by Champika Liyanaarachchi

(August 07, Colombo, Sri Lanka Guardian) It was only a few days ago that Chief Justice Sarath N.Silva said that no one is above the law. The Chief Justice made this comment when a fundamental rights application seeking a direction on President Mahinda Rajapaksa to make appointments to Constitutional Council came before court. He was constrained to make this assertion because of the constitutional provisions that offer immunity to the President against legal proceedings. The issue remains to be argued before the Supreme Court in due course.

It appears now, however, that there are also other politicians who are enjoying immunity from the long arm of the law touching them. Minister Mervyn Silva through his ignominious conduct during the past several months has proved to be the most prominent among them. Having assumed the role of the foremost saviour of the country from its multifarious enemies and claiming to be a descendant of the legendary heroic King Dutugamunu, he thinks he is the supreme authority and commander controlling all activities in the Kelaniya electorate. Even a crow, as it were, is not allowed to fly over the area without his permission. What right does he have, otherwise, to debar a media institution from covering a public event? Having thus arrogated to himself the status of a supreme ruler of Keleniya, the minister is poised to ride roughshod over all persons, groups or institutions that appear to offer a challenge to his position. In fact, he declared sometime ago that he would ruthlessly clear all hurdles that stand in the way of his journey. It is this path he is now pursuing riding roughshod over his opponents with impunity.

As we pointed out in these columns before, no purpose would be served in advising or passing strictures on him because he seems impervious to such decent and democratic measures. We have rather to question the unusual and unfathomable tolerant attitude adopted by the higher authorities and other sections in the government who have the power, but so far failed to check the obstreperous conduct of this politician. This attitude lends credence to the charge that the government is using this politician for getting its dirty work done for checking its opponents. The government is accused of sending him to the present polls arena in the two provinces too, for the same purpose. The good ministers of the high-powered ministerial committee appointed to look into the problems of media personnel also seem incapable of reining in this recalcitrant politician.

However, it appears that positive response has emerged as a result of the public indignation expressed over the latest incident at Kelaniya where the minister and his unruly cohorts subjected a TV crew and other journalists to harassment and intimidation. Media reports say that President Mahinda Rajapkasa has severely reprimanded Minister Silva and warned him against continuing his reprehensible conduct. In response, the minister has agreed to mend his ways and behave decently. As the President has correctly said, it is the image of the government that would be damaged by his unruly acts.

It is, nevertheless, doubtful whether such advice alone would put him in the correct track. Isn’t it different from expecting LTTE’s Velupillai Prabhakaran to change his criminal conduct and come into decent politics? He is not carrying out the despicable operations alone. He is surrounded by a gang that is at his beck and call in carrying out these criminal acts, sometimes even going beyond the control of the minister. In a statement to the media immediately after the Kelaniya incident he said it was the people in the area who objected and harassed the media personnel and that it was he who rescued them from the crowd. His statements, of course, have to be taken with a pinch of salt.

Legal action against all those who took the law into their hands on that occasion has to be proceeded with. If they are allowed to go scot-free having committed criminal offences, the speedy descent to anarchy will be inevitable. Equally important is the need for official action against law enforcement authorities who have failed to carry out their duties as expected. The police have to be depoliticized to execute their assigned duties fearlessly and impartially.

Proving the presence of positive elements even in those accustomed to unruly conduct, Minister Silva is reportedly active in supplying the needs of the people in the Kelaniya area. He is reported to be providing playgrounds for schools and improving the state of temples and religious places. And it seems that those benefited by such services are in a mood to support him overlooking his acts of lawlessness. Banners, probably supplied by the minister himself, are displayed indicating their gratitude in school premises. It is indeed a pity that those showing these sentiments do not seem to realise their mistake of bartering the public interest for narrow gains. - Editorial Daily Mirror.

( About Editor: Champika Liyanaarachchi is the Editor of the Colombo based English daily – the Daily Mirror. She is the first woman to edit a national daily in any language in Sri Lanka, and also the youngest ever editor. She is also the Sri Lanka representative for the international media rights organization - Reporters Without Borders (Reporters Sans Frontieres). She is a recipient of the Woman of Achievement in Media award presented by the Sri Lanka chapter of the Chicago based international organization working towards advancement of professional women Zonta International. Champika specializes is defence, constitutional affairs, human rights, and minority rights.)
- Sri Lanka Guardian