The 13th Amendment:

Bitter pill for Lanka to swallow

Dr. Neville Fernando

Sonia Gandhi	Sirimavo Bandaranaike

The 13th Amendment was passed in Parliament with members of the UNP taken by the buses from hotels which they were housed for fear of protestors meeting them.

The amendment was a result of the so called Indo-Lanka Accord which then Indian Prime Minister Rajiv Gandhi came to Sri Lanka to sign and was assaulted by a Naval rating in the Guard of Honour. He was the first VIP to be assaulted in Sri Lanka.

Rajiv Gandhi and his mother Indira were at that time influence behind the LTTE. LTTE cadres were trained in India by the Indian Army. They created mayhem in Sri Lanka and as J.R. Jayewardene did not heed their advice, and to frighten J.R, India dropped parippu bombs in Jaffna.

Having frightened JR, Rajiv and his adviser Dixit then came to Sri Lanka as warriors and made JR swallow the bitter pill against the wishes of a majority of Sri Lankans. Sri Lanka was on fire with state property and buses being burnt.

Unlawful acts

In Panadura, the JVP was leading a mob to the residence of the then chit M.P. for Panadura. The SLFPers came running to me and pleaded with me to join the procession to see that there was no unlawful acts. So to prevent any unfortunate incidents, I cut short my nap and went with the crowd.

A posse of policemen stopped the procession near the Talpitiya Bridge.

I spoke to the OIC and negotiated for five persons to meet the MP and request him not to vote. The JVP and the crowd there bared their chests and asked the Police to shoot them. But, because I was present the Police did not take any action.

The procession went to Wadduwa and met the MP and gave him a petition, but, while returning to Panadura I was feeling tired and returned home thinking that nothing untoward would happen.

Indo-Lanka Peace Accord

Within an hour of my coming home, some of my supporters came running and told me that the petrol shed in Panadura town was burning as were the buses and the Wekade bus stand just opposite my house. I did my best to prevent further mischief and returned home.

A couple of days later while I was at Nawala at my daughter's residence, the then Leader of the Opposition Anura Bandaranaike called me and told me that some ministers were alleging that I had gone into hiding and the Police were searching for me to record a statement. I told Anura that there was no reason for me to hide and I was prepared to make a statement at any time if the Police wanted. Anura informed the House that, I was at Nawala and the Police came to meet me.

One evening, SP for Panadura came to my daughter's house and wanted me to come to his office to make a statement.

Dissolve Parliament

I went in my car to his office in Panadura and made a statement. Right through the night, the SP questioned as to whether I had any relationship with JVP. This I disclaimed. It was very dark and almost midnight. The SP said that I have to continue the statement and that I would be remanded.

When I went to the Police station, I saw the Secretary of the Youth League Premalal and about 10-15 of my supporters in an enclosure. I was also asked to wait there. Premalal who was concerned about my staying there suggested that I tell the Police that I had a chest pain and wanted to be warded in the Panadura hospital.

As soon as I was taken to the hospital, the nurses who had worked under me rushed to me to the Intensive Care Unit, which I had started.

When the Police came the following morning to finish my statement, the visiting Physician Dr. Jayasinghe refused permission to the Police to enter the ICU. The Police then contacted Dr. Upul Wijewardene, Chief Cardiologist of the General Hospital who too refused to give permission.

Ultimately, a 90 day detention order was served on me. We had to take several cases of Habeas Corpus applications. I was finally released, but, no further action was taken.

This whole episode was of JR's making as I objected to the first amendment to the 1972 Republican Constitution to enable the Prime Minister to dissolve Parliament while he alone remained the PM, and was against the removal of the civic rights of Sirimavo Bandaranaike.

Old Parliament

When we were climbing the steps of the old Parliament to enter the Chamber for voting I told the then Leader of the House R. Premadasa that we came to the House like lions but after his amendment we will be rats. Gamini Jayasuriya and Mr. Premadasa told me not to shout. Such was the fear they had. I was a raw MP but I knew the danger. This is the clause in the 1978 Constitution which made the Executive President a dictator.

Parliament proceedings

Unfortunately, I was the only UNP MP not to vote for the 1978 Constitution in the government group meeting. But, Senior Lawyers in the party like my good friend Lalith Athulathmudali wrote books on checks and balances in the constitution.

At that time Ranil Wickremesinghe was close to his uncle JR and he would have objected. But he was scared. But, now when it is too late, he wants to have a new constitution.

But will he? I do not see the possibility as he is no better then JR, the way he is treating the party seniors and faithful.

JR's government

One day at a morning breakfast table, JR had told Mrs. Jayewardene that he will get rid of Premadasa who was going about the country organizing the Purawesi Peramuna. Mrs. Jayewardene has told JR, “Dickie don't be stupid. If you sack Premadasa, you will lose the election.” After that JR made up with Mr. Premadasa who was elected the deputy of the party by the organizers. This story was told by the late Sheffon Jayasinghe, MP, a minister in JR's government.

Unfortunately, when Mr. Premadasa became the President he got rid of Gamini Dissanayake and Lalith Athulathmudali using the powers in the 1978 Constitution to which only I objected to.

Had Lalith and Gamini objected, they would have still been in the UNP and alive. Their deaths are irreparable for the UNP which unfortunately is in a very sad state, losing election after election. I am thankful to the Defence Secretary Gotabhaya Rajapaksa who was in the frontline fighting the LTTE terrorists and to Minister Wimal Weerawansa for protesting land, Police powers being given to Provincial Council. With the Indian Constitution Mrs Sonia Gandhi could not give land to the railway because the state objected. Fortunately, we have a very strong President in Mahinda Rajapaksa who would not forsake the country.

I read in the papers that a high powered delegation is coming to meet the President. Being a son of the South, I am sure that he will not give into anyone. They have their agendas and President Mahinda should have his.

The people of Sri Lanka and the forces will always support him.