‘Rajapaksa can be the great Nehru or Nelson Mandela of Sri Lanka’
 Firebrand politician of the SLFP and outspoken non-cabinet Minister
of Justice, Dilan Perera was met at his Ministry last Saturday to
discuss current issues pertaining to the society, politics and people.
On meeting, the affable young minister requested that ‘hard’ questions
be hurled at him as he preferred to face ‘bouncers’ be it the State or
private media. In keeping with his request the following questions were
hurled at him and the minister replied in the following manner.
Q: As Minister of Justice how do you view the rising crime rate in
the country which includes reported abductions as fingers are pointed at
your Government holding it responsible for the pathetic situation?
A: Well, the rate of crime is reported to be high not only because of
the system of justice in the country. I should say to implement a proper
justice system, the judicial system in the country and the duty of the
Police is very essential.
Today, I must say, I am in no way trying to get away from the
responsibility of the Justice Ministry by pointing the finger only at
the Police itself. Because, I very well realise that when you point one
finger at someone, three fingers are pointed at yourself. But, of course
the Police also play a huge role in putting down the crime rate in the
country and trying to arrest the culprits.
I must say that it is not being done 100 per cent. Even though the
police manage to arrest some of the offenders, those responsible for
grave crimes are at large. Grave crimes mean in the modern language-’organised
crimes’. Such crimes are on the increase. Those cover abductions,
murders and looting.
Only yesterday I heard the former judge of the Appeal Court, Justice
Chandradasa Nanayakkara, addressing a seminar at Gampola asking the
police how can they be impartial and independent in the present
traditional way of doing things.
That is known to the police. The Ministry of Justice also should now
make a quick start and kick off soon. Because we cannot be waiting till
others come and perform. However, the Ministry from very recent times
have tried to bring in certain amendments to the existing laws to
strengthen the justice system. Last week I urged Parliament to extend
the period of the Criminal Procedure Act of 2005 for two more years.
Now it gives 48 hours to the police to complete investigations on
grave crimes which are committed at organised level. It was moved to
avoid laws delays as non-summary proceedings at times take three to four
years to indict a person to the High Court.
Organised crimes shock the public. The amendments now provide the
Attorney General to directly indict the suspects in High Courts.
Organised crimes means like the brutal experiences at Hokandara and
lately at Lunugala. These are measures brought by the Ministry to curb
the rising crime rate.
Q: Mr.Minister, now I will draw your focus to the Executive,
Legislature and the Judiciary. These three institutions seem to clash
with one another on issues. Let’s take the school admission issue to
Grade One. The observations made by the Judiciary and the response from
the Legislature with regard to the ‘intelligence’ to enter school and
Parliament were nothing zbut humour in the eyes of the public. Can these
three institutions function in this manner all the while?
A: In every democratic country you have the concept of separation of
powers. In Sri Lanka, it seems that the Constitution is not very clear
and precise in identifying these powers separately. In a way we must be
happy for the simple reason that this present day dialogue among the
Executive, Legislature and the Judiciary has proved only one thing. That
is, it has proved that Sri Lanka is not a Failed State.
There are people who now have various seminars and workshops to say
Sri Lanka is a Failed State. In a Failed State, the Judiciary cannot be
active. There also cannot be a dialogue between the Judiciary and the
Legislature.
All this ‘activism’ have proved that Sri Lanka is not a Failed State.
Therefore, the Failed State “Advocates” have been proved wrong by the
recent dialogue between the Judiciary and the Legislature.
I can only say that these branches-Judiciary and Legislature- are
fighting for their powers. It is a good development that strengthens
democracy. But, we must not push it to a state where these three
institutions fight each other. Let these dialogues help us when a new
constitution is put forward in the future.
We need a new Constitution to address lot of issues, mainly the
national question which is the ethnic problem. We must then ensure the
demarcation of powers between these three institutions.
Q: But, the fact remains that Parliamentarians believe that the
Legislature is supreme by the people. The Judiciary by Constitution
believes otherwise. These are two contradictory positions before the
public. As Justice Minister and a Lawyer, could you tell this country
which of these two institutions stay above the other?
A: I don’t think anyone of them stays above the other. I tend to
think where the Judiciary is concerned, interpretation of the law,
ingredients of implementation, the Judiciary is the most highest and
supreme institution. When implementing policy, enacting Acts regarding
policy, policy matters connected to the country, the Legislature is the
highest authority and nobody else.
The Executive is the highest authority after JR Jayewardene’s
Constitution of 1978 in lot of things. But, the present judicial system
activism in the country has shown that the decisions of the Executive at
times can be questioned by the Judiciary. I don’t want to get into a
debate to say which one of them is higher. I would say that within the
powers given to the judiciary, it is the highest body and so it is to
the other institutions under powers vested in them. The Legislature can
make policy but, it cannot function as a judge of a court.
The Judiciary can examine policy and guide the Legislature in the
proper way. The Judiciary must not try to take over policy making rights
of the Legislature. If these two institutions perform their duties
clearly within the defined limits, I don’t think there’ll be a conflict.
One good thing is that the Legislature has been very responsible. In
instances where the Legislature felt the Judiciary was trespassing into
the policy making area, the Legislature never decided to send mobs in
front of judges’ houses to stone as it happened in the past. Also when
the Judiciary felt that the Legislature was not really working in line
with their thinking, the Judiciary has not gone to the extent of using
their powers to take petty revenge from the Legislature. Both
institutions have been careful not to exceed limits.
Q: Now let us move to the current political platform. Do you see the
Ranil-Mangala Pact as a threat to the Government?
A: Not at all for the simple reason on numbers in the present
Parliament. I will start with the numbers without going into the other
parameters. After President Mahinda Rajapaksa took office, see how many
people have joined Government ranks from the Opposition. When the
President took office, the JVP ‘friends’ were already in the Opposition.
It is from the opposition benches they supported President Rajapaksa. It
was an accepted fact that the JVP’friends’ who sat in the Opposition
during Madam Chandrika Kumaratunga’s time, started supporting Rajapaksa
from the same benches. It is so with the Hela Urumaya. Now there are two
people who have gone and sat in the opposition. They are Mangala and
Sripathi. Count the number of people who have joined the government, The
SLMC, CWC, Chandrasekeran and Hela Urumaya have joined us. In addition
23 or 24 UNPers in the fold. Eighteen of them came later. A person who
should not have been accommodated was also taken. He is from Ratnapura
and a suspect in the Nalanda Ellawala murder. I still oppose him and I
have very clearly spelt out my views. I still oppose him in the
Government. In toto 23 UNPers have come to us.
The question I pose is this. A lot of people like you ask me whether
the Mangala- Sripathi defection could topple this Government. You must
realise the fact that we are ahead and strong in numbers. Then the JVP
that sits in the Opposition says they have problems with Mahinda but
have bigger problems with Ranil and Mangala. Which means the Government
has gained. The Opposition is now split into three. UNP-Mangala
together, JVP alone and the TNA standing independent. The TNA has not
gone en bloc with Ranil. Last week in Parliament, the UNP and JVP
opposed the Criminal Procedure Bill. The TNA abstained. That is why I
disagree with the phobia that the defection of Mangala and Sripathi will
make the Government fall.
Even Mangala himself is now proving that my point is right.When he
joined hands with Ranil, he promised to deliver 18 SLFP MPs. Today he
says - “I will do my part provided the JVP do their part”. He is telling
the ‘JVP boys’ to give support to topple the Government. Now Mangala’s
figure has reduced to eight. I am certain very soon Mangala will realise
that he cannot get even that eight he has in mind. He will only get the
support of Sripathi and Sripathi will only get the support of Mangala. I
cannot see anybody else joining this duo with Ranil Wickremesinghe
though these gentlemen met former President Chandrika Kumaratunga.
Knowing Chandrika very well as a person who had a political vision,
Governed this country for 11 years, a fantastic leader in my book, I
know she will not fall into the trap that Magala and Sripathi fell into.
And she knows the vision she governed this country, is no more. Knowing
that she’s a visionary leader we had, I am sure she will play safe not
to fall into traps.
Q: Coming back to the question of the JVP, the JVP claims the
Government is dying a natural death. In case the Government dies a
natural death as they claim, is there a political future for the JVP as
a single party at future elections?
A: At the last local government elections, the SLFP with other
coalition partners proved that if the JVP comes alone; they are a very
badly placed third party in the country. We proved it beyond any
reasonable doubt. The JVP was very badly placed means very badly placed.
They only managed to secure the Tissamaharama Council that it captured
during the UNP regime. The JVP has realised the fact that they have 39
MPs in Parliament thanks to the SLFP. The SLFP sacrificed their
candidates to accommodate the JVP under the agreement prior to the
election. That is how they came in numbers. I too asked my voters to
give a preference to the JVP candidate on my list.
We have proved that they cannot go alone and get those numbers into
Parliament. Therefore, the natural death will not come to the SLFP but,
to the JVP if they do not join hands with the SLFP. This is the truth
and nothing but the truth.
Q: Shall we now talk about the ethnic problem as there seems to be
slow progress at the APRC. Parties are battling over terms like unitary,
united, region, province and district. The JVP is opposed to federalism.
How long can this ethnic problem drag like this?
A: I think its time to stop debates over words. This country has gone
from bad to worse because we have been fighting over words. This country
has super class journalists and writers who could tear apart any good
document into pieces in ten minutes.
We have top five star politicians and academics who can tear apart
any good proposal within five minutes with logical arguments. Ours is a
country which can export academics and journalists to any country to
analyze and tear apart any good document.
I am genuinely saying that we must now stop debating words and terms.
This country lived without the word “unitary” till the 1972
Constitution. Such a word never existed in our constitution from 1948.
It was Dr.Colvin R.De Silva who advocated that word into the 1972
constitution. Even without that word this country never got divided up
to 1972. If somebody asks me personally, which of the words - “unitary”,
“united” I prefer, I would put both my hands up and say-”United, United,
United”. But, by saying so I will only aggravate the problem. Then I
will also become a part and parcel of the useless debate on words.
Let us drop the word ‘unitary. Let us drop the word ‘united’. Let us
have the power sharing mechanism in place. If one argues there are
countries which have ‘unitary’ status but have devolved power to the
periphery. The United Kingdom, for a moment did not give away the
unitary status of the country. But, they devolved power to Northern
Ireland very recently. They devolved power to Scotland before. They
devolved power to Wales and Wales is now asking for more. But, the
unitary character of UK stands firm.
Take our neighbour India. There are some political experts who argue
that India is unitary. Some say united system. Others say federal. But,
India survives as one nation. I will go further to say something
factual. By saying this, the Sinhala people may shoot me down. But, I am
saying it. Sri Lanka needs a Tamil Nadu style Eelam. That is the
solution. What is it? The great Nehru of India had a vision when he led
India. When there was a separatist movement in the Southern part of
India demanding a separate state called ‘Tamil Nadu’, like today’s
battle here for Elam, great Nehru said I will give you Tamil Nadu, but
not the Tamil Nadu you demand. Nehru said, I will give you Tamil Nadu
but not a separate state. He devolved power and gave them the name Tamil
Nadu.
The separatists told their people they got Tamil Nadu. The great
Nehru could tell the whole of India that “I gave Tamil Nadu and devolved
power but not a separate state” and proudly claimed he defeated
separatist activists. It was a ‘win-win’ situation for both parties. And
Tamil Nadu is still in existence for so many years and India has not
fragmented.
My argument is that if it is the name that Tamil people want that is
because Prabbakaran wants Elam, Devananda wants Eelam, Siddharthan wants
Eelam and other Tamil leaders. For, example Devananda’s party name has
Eelam.So are other parties. All these people want the name Eelam. But,
the Eelam that Prabhakaran wants is a separate state.
The Eelam others want is not a separate state.
We need a visionary leadership in this country. I am sure President
Mahinda Rajapaksa can be that visionary leader in this country, to be
the great Nehru of Sri Lanka, Nelson Mandela of Sri Lanka to solve this
crisis. Let us not fight over words.
The word ‘Eelam’ is a need of even Devananda who is a member of our
Cabinet. Let us give ‘Eelam’ but not the ‘Eelam” that Prabbakaran
defines as a separate state. Let us share power and form the necessary
mechanism.
Only a ‘win-win’ situation for both sides will pave the way for a
solution. But, it must be a Tamilnadu style Eelam and not Prabbakaran
style Eelam of a separate state.
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PROFILE
Name- Dilan Perera
Profession-Attorney-at-Law
School- Royal College, Colombo
Entered Parliament- 1994
Positions held- Deputy Minister of Justice
Deputy Minister of Ports and Aviation
Deputy Minister of Media
Cabinet Minister of Estate Infra structure
Present portfolio- Non-cabinet Minister of Justice
Pictures by Thushara Fernando |
