( January 25, 2013, Colombo, Sri Lanka Guardian) Amidst widespread criticism from political groups, human rights activists and the legal community, Parliament on Tuesday, 22 January, debated and passed the ‘Code of Criminal Procedure (Special Provisions)’ Bill with the expected majority votes, 77 to be precise.
This legislation, among many other things, will enable the police to detain a person who has been arrested without a warrant, for 48-hour before producing him or her before a Magistrate.
And it has ended there.
Once again the opposition failed to inform and educate the mass of the people or the ‘average man,’ who would be the ultimate and unfortunate victim of the unspeakable consequences of this unjustly, harsh law, seen by many as an instrument of suppression.
While the government is continuing on its self-glorifying tour of clearing any and all hurdles it perceives as impediments to the attainment of goals which are oftentimes undemocratic, a muted opposition, barring a handful of conscientious parliamentarians representing the Janatha Vimukthi Peramuna (JVP) and the Tamil National Alliance (TNA), is in fact indirectly aiding and abetting the government in the commission of all unholy acts.
The extension of detention from one day to two full days before producing an arrested person before a judicial officer, provides those in uniform who answer only to those in power, ample opportunity to extract from those under custody whatever that pleases the powers that be.
It is beyond question that our Constitution needs some serious consideration for an overhaul. The government has, when it suited its plans, donned a humanitarian mien and made grandiose declaration, projecting an image of governing for the people. But the untold harassments and intimidation those who oppose the State machinery and its unrelenting vengeful application are subjected to, speak volumes for the intention and ambition of the government.
The opposition’s inability to offer any counterforce to either neutralize or impede the very suppressive actions of the government and its armed goons, has contributed to this most unhealthy development.
Societies when faced with latent dangers take an unusually long time to digest the hidden meanings (they denote) of them. When they decide to act, if they do so at all, more often than not, it’s way too late. By that time, corrosion would have set in and the decay would only be waiting to fasten its pace, for the societies are too docile and submissive to act at all.
The government is still enjoying tremendous acceptability among the people, especially among those who are classified as ‘commoners.’ That acceptability is mainly owned to its superlative statecraft and ‘quasi-indoctrination’ mechanism it has used time after time. When such superior craft is coupled with an utterly cunning manipulation of some of the members of the main Opposition Party, the United National Party, including its politically infertile leader, what results is a docile and meek people whose priorities are placed on different pedestals. Passage of dangerously suppressive laws finds easy acceptance, and money and muscle power overwhelms the curious and aggressive.
The government has not shed its ‘patriotism’ garb; something very much evident even during the impeachment motion against Dr. Shirani Bandaranayake, the ousted Chief Justice. The self-righteousness that is being exhibited at every turn when faced with difficult situations has given all members of the government apparatus, a pretext of anti-terrorism coating. Every single misdeed and oppressive measure of the State has been accompanied by slogans of patriotism and victory against the Tigers. Led by the so-called uber patriots in the likes of Weerawansa, Dilan and Mervyn, the rest of the hangers-on follow the bandwagon without missing a beat.
The same play act was enacted in Parliament last Tuesday. The passage of the ‘Code of Criminal Procedure (Special Provisions)’ Bill might meander into Parliamentary Bills and Acts as another Bill ostensibly aimed at making matters easier for the police apparatus to fasten the pace of meting out justice. The real repercussions of such an ‘unpatriotic’ Bill would be felt much later, but when that realization dawns, the sun may have already set on our justice system.
Is this the precursor to the emergence of the hated ‘Emergency Regulations’ appearing in a different garb?
(Ceylon Today Editorial)
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