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Deshamanya H. L. de Silva, PC, was the honoured chief guest at the 16th annual sessions of the Organisation of Professional Associations (OPA) held at the Bandaranaike Memorial Conference Hall (BMICH) on September 26.

Parakrama Karunaratne, Attorney-at-Law, was voted President-elect and is due to take stewardship of the association in the month of October. The much-awaited opening session had the indelible stamp of the characteristic organisational strength of Mr. Karunaratne.

Justice P. N. Bhagwati, the former Chief Justice of the Supreme Court of India was the keynote speaker at the august sessions. Parakrama Karunaratne had been successful in personally engaging him for the event while the distinguished Indian legal luminary was in the Philippine capital, Manila for the purpose of attending a seminar of a kind that was just one of the many speaking engagements that dotted the busy post retirement schedule of the former Chief Justice of India.

Main theme

The main theme of the sessions was public interest litigation legislation. It is a well-accepted fact that the father of public interest litigation was none other than the same Mr. P. N. Bhagwati One remark of his that touched the imagination of those present was that until the advent of the concept of public interest legislation the poor of India had been much overawed by the majesty of the justice system that tended to deny the poor access to its portals.

It seemed that while the justice system in India was seen as an instrument that was made use of by the colonials to consolidate their power, however, in the post independence era, it was the instrument used by the rich to oppress the poor. It was only a few in the Supreme Court that were able to discern and were in empathy with the wide chasm that existed between the rich and the poor.

The apostasy jurisdiction was frowned upon by the legal fraternity and the rich and the mighty who found various rules and other trappings that resulted in the obtaining of justice, just a dream of the majority.

The bete noire of the sessions was the speech made by the Chief Guest, Deshamanya H. L. de Silva PC, which stood out by its flow of delivery, precise diction and mind-engaging contents and was indeed very, very special. The moment he began to speak there were murmurings amongst a few in the gathering that he was digressing from the stated topic and was dwelling on the potentially explosive area of politics.

He addressed the gathering on the constitutional crisis where the President's prerogative to appoint members of Cabinet and allocate their respective duties, is being threatened. No one seems to be agitated by the effect that it would bear on the subjects.

Then he started to deliberate and give his impressions on the peace process when he said that the sovereignty of the State is being compromised by various agencies forcing upon the Sri Lankan polity to accept a position that is bound to destroy the sacred provisions of the constitution and thereby the sovereignty and the unitary character of the State.

Questions raised The questions raised by Mr. de Silva deal with the root problems of the Sri Lanka polity and a crisis which is a step away from anarchy.

These were:

(1) Under the guise of foreign economic aid and assistance there is a threat and according to him, an attempt to exploit untapped resources and natural wealth.

(2) About the devious attempts to impair our territorial integrity.

(3) Pressurize us to yield to unconscionable demands of terrorists.

(4) The political elite is dazzled by the prospect of economic enrichment.

These are extremely important fundamental questions, which if not answered would lead to the destruction of the independence and sovereign State, says Mr. de Silva.

Are these pronouncements made at important sessions worthy of debate? Only sycophants living in a world of false manifestations would deny or accept the accusations.

He privately confided in me, following the address, the appalling mind-set of civil society who do not seem to even entertain thoughts of such a disaster.

For as long as their status quo remains untouched, nothing would permit them even to entertain a doubt.

Though, as Aristotle said, the genuine Democratic State would emerge when philosophers become kings. This would be only in a State of Utopia.

But what are the alternatives we have? Have the effects of creeping globalization clouded the horizon?

Are they the mere rhetoric of an intellectual who had never held political office? Do we possess sufficient strength to repudiate these ill-effects of globalization?

What are the countries or is there any country that had successfully withstood these political pressures of the global economic powers? If so, are they worse off than we? Has any country succeeded in at least taking a peep into the 21st century? We have had the experience of closed economy and the resultant degradation of living standards.

Can we be alone in economic exploitation and the negotiated peace process? These questions remain unanswered.

Problems

Of the many-faceted problems in the country, the reason for the gathering momentum against the peace process, the blame should rest upon the government spokespersons. The degree of disenchantment by the masses of this country to any government propaganda or message is due to these personalities.

No one in the present context, could best describe these pronouncements than Mr. de Silva, when he said, "The precise nature of the projected changes are none too clear and the convoluted pronouncements and tortuous circumlocutions of government spokespersons amidst many prevarications and tendentious statements conceal more than they reveal. There is a veil of secrecy and even the glimpse we have is sufficient cause for apprehension and anxiety."

This is, I believe, the reason for the gathering momentum against the peace initiative.

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