Ceylon Today Editorial

Is Yahapalanaya turning Wasapalanaya? 

Sunday 08th November 2015

 
Minister of Law and Order and Prison Reforms, Tilak Marapana, is also the instructing Counsel for Nissanaka Senadhipathi in the Avant Garde case as claimed by Marapana. He made a rather controversial statement in Parliament last week which appeared in defence of Avant Garde Security Services. The minister blamed the Police for making a mountain out of a mole hill like the Millenium City controversy.

Justice and Buddha Sasana Minister Wijeyadasa Rajapakshe, adding insult to injury, proclaimed that he singlehandedly prevented the arrest of former Defence Secretary Gotabaya Rajapaksa for the Avant Garde case. He further highlighted that he advised the President and Prime Minister that there is no substantive evidence that would support the arrest of the former Defence Secretary. However, contrary to this, the Attorney General's Department had initially disclosed that there was evidence to file a plaint against Avant Garde.

On 10 January, President Maithripala Sirisena took office to establish Good Governance (Yahapalanaya). With regard to the Avant Garde case, allegations were levelled in Parliament by Janatha Vimukthi Peramuna Leader and the Chief Opposition Whip, Anura Kumara Dissanayake, who named Tilak Marapana, Wijeyadasa Rajapakshe and Vajira Abeywardena as the ministers behind the curtain supporting Avant Garde to sweep the controversy under the carpet.

Tilak Marapana is a former Attorney General of the country, Defence Minister and the incumbent Minister of Law and Order and Prison Reforms who has openly stated that he is the instructing Counsel for Nissanka Senadhipathi and his company Avant Garde Security Services. More so, his statement in Parliament last week created a major uproar in the House, which in nature looked bona fide, as his statement signified the conflict of interest of Tilak Marapana in his capacities as the Minister of Law and Order and instructing counsel for Avant Garde.

Meanwhile, Wijeyadasa Rajapakshe who said that he prevented the arrest of Gotabaya Rajapakshe has breached the boundaries of the Judiciary and appears to have interfered in the duties of the Police Department and the Attorney General's Department. It is the police or the Criminal Investigation Department that investigates such an incident, gathers evidence to submit to the Attorney General's Department for necessary advice. Likewise, the Attorney General is the one who examines such evidence and decides or recommend whether or not to indict the suspected party. The Justice Minister absolutely has no role to play between the police and the Attorney General with regard to such investigations. The Justice Minister under provisions embodied in the Constitution of Sri Lanka has no powers to prevent the arrest of any suspect in this country by influencing the President and the Prime Minister or to release suspects or prisoners. The Constitution clearly defines that not even the Executive who is the Head of State is empowered to direct the police or the Attorney General to prevent such arrests.

The development that took place in Parliament and at Cabinet Meetings recently clearly shows that political interference is caused in the Avant Garde controversy as some ministers are reported to have vested interests with the company. The previous allegations made by Minister of Health and Indigenous Medicine, Rajith Senaratne, who claimed that Avant Garde officials offered him a monthly bribe of Rs 2 million to sweep the issue under the carpet, acts as proof to this predicament. Rajitha told the Cabinet that Avant Garde Chief who was his friend earlier cut off links following his refusal to accept bribes.

It was the then UNP Opposition which accused the previous Rajapaksa administration of being corrupt and rallied round Maithripala Sirisena to topple that regime. Today some ministers in the same UNP are being accused by their own men in fold for taking bribes. What a twist and turn in politics in the UNP camp? Maithri and Ranil were elected by the people in January and August this year to wipe out corruption. They view these ugly developments with much heartburn.
Those who voted for the Yahapalanaya Government today ask whether Yahapalanaya is fast turning Wasapalanaya.