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Can Kabir Hasheem go unscathed in Cascade brawl?

by Lucien Rajakarunanayake

It appears the case against the trio of scoundrel sons of the now notorious duo of Cabinet Ministers will continue. The cost of the damage to the vehicle of the Ministry of Tertiary Education & Training, in which the two victims of the recent night club brawl traveled, is reportedly over Rs. 50,000. The damage to a State vehicle being in excess of Rs. 25,000/- the police will now have to proceed with action against those who caused this damage.

The three sons of Ministers Mahinda Wijesekera and S. B. Dissanayake who are the accused in this incident, are already enlarged on bail. Even at this stage one has to live in hope that the police will act correctly allowing the law to take its proper course.

It is not only the three pampered sons of the two ministers who have to be held responsible in this case. There is also another minister. It is Mr. Kabir Hasheem, Minister of Tertiary Education & Training.

It was in a vehicle of his ministry that the two victims of this assault traveled. Mr. Hasheem cannot be kept hidden in this matter, where he has a direct accountability to the people. What right did he have to give a vehicle of his ministry, for use by his brothers-in-law or any other kinsmen for a tour of the city nightspots? Who was driving the vehicle? Was it a ministry driver, and if so who authorized him to do so?

If it was a ministry driver at the wheel who pays the overtime? Who meets the cost of fuel for such travel, is it the minister himself or his injured in-laws? If it was not driven by a ministry driver with necessary authority, but one of those loving in-law victims of the minister, it raises a still bigger stink.

All these are matters of public accountability that may never be brought to light, because they will not be the subject of any legal action. However, these are matters for which Mr. Hasheem is directly answerable. He cannot claim total ignorance of what took place, when two close kinsmen of his were in this vehicle at the time of the violent brawl with those repeatedly scoundrel sons of two other ministers.

From in-laws to outlaws

The accountability and responsibility in this matter, is of special significance, because he is the Minister of Tertiary Education and Training. He keeps seeking the toughest legal action against university students, whenever a protest by them turns even mildly violent. I'm no supporter of violence in student activity or politics.

Yet, the minister who is in charge of university education and training too, should be able to set a better example than what we have seen now. From what has been reported so far, Kabir Hasheem appears to be training his young kinsmen, said to be his in-laws, to be outlaws of the future. The fact that they were the victims of assault in this instance is only an accident of little relevance. The pampering of his in-law brood or kith and kin at state expense has to be equally condemned, as the bad upbringing that Mahinda Wijesekera and S. B. Dissanayake have given their children.

Democracy has much to do with the standards and dignity of leaders. If the Minister in charge of Tertiary Education & Training, can be so irresponsible as to let an official vehicle of his ministry to be used in this manner, it would not be too much to state that he has thereby forfeited any right to continue to be in charge of any education or training of youth.

What he should do is resign. But, one would be living in a dream world of fancy to believe that any politician today has the strength of character and good moral upbringing to do so. Similarly, it is also highly foolish to even imagine, that his party leader, the Prime Minister, elected on promises of good management and accountability, would even bother to ask his minister to account for his lapses in this matter. It's all a matter of how soon this whole episode could be forgotten.

The Cascade brawl between the three sons of two ministers, known for their earlier misbehaviour too, and the in-laws of another minister opens a whole range of other issues too. Apparently the two parties with their ministerial connections have settled the matter over the assault, withdrawn the complaints to the police, reaching an amicable settlement over the incident. This may be alright as far as the individuals involved are concerned. But this is certainly not correct in the context of public interest. There are many matters that have to be raised here, and they involve the police.

The initial reports of the incident said one of the victims had several teeth broken. However, the plaint filed by the police only referred to a case of minor assault. Whatever the individuals may think about it later, is assault involving the breaking of even one tooth of a person, not a matter of grievous hurt? How come the police were so lenient in this matter?

It is a matter of big news when the ill-brought up sons of ministers and in-laws of another minister brawl in public, causing injury to persons and damage to a state vehicle. However, there are other matters that transcend the clash among the individuals concerned. In this incident involving the sons of ministers, the police seem to have forgotten or deliberately ignored the powers they have.

The individuals may come to a settlement over injuries, but what of the law against causing injury to anyone in a public place? What indeed about the charge of grievous hurt? What of the law on the breach of the peace? What of unlawful assembly? It's all too easy for the police to file plaint of simple hurt, and pave the way for the case to be compounded by the two parties coming to a settlement. The result of it all is that the magistrate has to act on the plaint filed, and consequently the police become part of a conspiracy to thwart the law.

Murder threat to verbal abuse

Here's something of my own experience with the police. In early June last year, I made a complaint at Headquarters Police that on the night of May 30, 2003 Minister Mahinda Wijesekera had threatened me and my family with death, during the term of this government. The incident took place at the Colombo Hilton. I recorded the statement for my future safety.

The police dragged on the inquiry; said Mahinda Wijesekera had denied the incident, and there was no corroborative evidence to proceed with my complaint. In fact, they asked me what I wanted done. I told them to act according to the law. They then referred the matter to the Mediation Board, the lowest level of the unofficial judiciary. All parties were summoned to appear at the Mediation Board at Maligakanda on three days in November and December 2003 and January 2004. I was there, but neither Mahinda Wijesekera nor any representative from the police was present on all three occasions. There the matter apparently rests.

But what is more interesting is that when I had made a complaint to the police of a threat to my life and others of my family, the complaint referred to the Mediation Board by the police was one of "bena vedeema" or mere verbal abuse. Are we surprised that the charge against the sons of Mahinda Wijesekera and S. B. Dissanayake was only that of "simple hurt"? That's how the police work. The threat of murder becomes mere verbal abuse. They distort facts to serve their patrons. Wouldn't it be interesting for the IGP and the present Minister for the Interior to see how this happens?

As for the Cascade incident, it is not just a matter of the police being influenced by politicians. Rather it is the standard practice of the police when people they regard as important or have some connection to them, are involved in violations of the law. Had the assailants and the victims not been the sons and relations of those whom the police considered important, there would have been a whole gamut of charges brought against them, with the full force and might of the law. When it is the rich and the mighty that are involved, the charge is so trivial. When it is the poor or the helpless the charge is always heavy.

The situation with Minister Kabir Hasheem is no different. He is a minister. So why should he care about accountability to the public. He considers himself above the law and accountability.

I'm surprised that no university students have so far taken up this issue and demanded that Kabir Hasheem be relieved of his portfolio, for this act of irresponsibility. It is time such examples were made.

Or else we will remain mere bystanders in this merry-go-round of power and patronage with all sense of social responsibility blown far out into the wind. Out, out Kabir Hasheem, Tertiary Education and Training can do without the likes of you in charge.

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