Are EC members ‘more equal’?
The Election Commission (EC) is constitutionally vested with adequate powers required for the conduct of free and fair elections and referenda. However, nowhere in the Constitution is it said that the EC is authorised to make decisions on national health issues. EC Chairman Mahinda Deshapriya has recently told the Supreme Court that the general election cannot be held, on 20 June, due to the prevailing national health emergency, and his institution has to wait until the health authorities gives the all-clear.
If Deshapriya thinks the health emergency is so severe and listens to the health authorities as he has told the apex court, he should adhere to the health guidelines anent the quarantine process, but he does not seem to do so; he apparently considers himself qualified to authorise some persons to halve the mandatory quarantine period!
EC member Prof. Ratnajeevan H. Hoole has come under severe criticism for having taken his daughter to the Election Secretariat before the completion of her mandatory quarantine period. She spent only two weeks at a quarantine centre, after her return from overseas, and accompanied her father to his office, where workers panicked. Deshapriya has told the media there is no need for Prof. Hoole, his daughter and his driver to undergo quarantine. Who is he to decide on such matters? Health is not his province, and he should leave the quarantine matters to doctors and other qualified health personnel.
Any Sri Lankan student who returns from abroad has to undergo self-quarantine for two weeks at home after spending two weeks at a quarantine centre. All students do so, and the police visit their homes daily to ensure that they abide by quarantine rules. Other family members of these students are also placed under quarantine. This rule must apply to everyone, and the EC members and their children cannot be ‘more equal than others’.
EC Chairman Deshapriya has been quoted by the media as saying that Prof. Hoole was not aware that the latter’s daughter had to undergo quarantine for two more weeks. Even a not-so-educated villager knows a person who returns from abroad has to complete a 28-day quarantine period. We thought the EC members were well informed. After all, they are required to read and understand the Constitution and other complex laws.
Shouldn’t those who have postponed a general election, citing Covid-19 as the reason, care to read the laws, rules and regulations, concerning the prevention of the disease and the quarantine process? Can a motorist get away with running a red light by claiming that he is not aware of the traffic laws? Or can a candidate claim his ignorance of election laws in extenuation of the offence of forcing himself into a polling station? Don’t judges often say ignorantia juris non excusat?
Hundreds of students have completed the mandatory 28-day quarantine period, and hundreds of others are in the process of doing so. Director General of Health Services, Dr. Anil Jasinghe, Head of the National Operation Centre for Prevention of COVID-19 Outbreak and Army Commander Lt. Gen. Shavendra Silva, Acting IGP C. D. Wickramaratne and others ought to ensure that all students are treated equally. They must explain what action they have taken or propose to take in respect of the complaints of quarantine law violations against the EC members. Or they must allow all students who return from other countries and their parents to do as they please if they think the act of skipping part of the quarantine process does not pose a serious health threat to others.
The Election Commission (EC) is constitutionally vested with adequate powers required for the conduct of free and fair elections and referenda. However, nowhere in the Constitution is it said that the EC is authorised to make decisions on national health issues. EC Chairman Mahinda Deshapriya has recently told the Supreme Court that the general election cannot be held, on 20 June, due to the prevailing national health emergency, and his institution has to wait until the health authorities gives the all-clear.
If Deshapriya thinks the health emergency is so severe and listens to the health authorities as he has told the apex court, he should adhere to the health guidelines anent the quarantine process, but he does not seem to do so; he apparently considers himself qualified to authorise some persons to halve the mandatory quarantine period!
EC member Prof. Ratnajeevan H. Hoole has come under severe criticism for having taken his daughter to the Election Secretariat before the completion of her mandatory quarantine period. She spent only two weeks at a quarantine centre, after her return from overseas, and accompanied her father to his office, where workers panicked. Deshapriya has told the media there is no need for Prof. Hoole, his daughter and his driver to undergo quarantine. Who is he to decide on such matters? Health is not his province, and he should leave the quarantine matters to doctors and other qualified health personnel.
Any Sri Lankan student who returns from abroad has to undergo self-quarantine for two weeks at home after spending two weeks at a quarantine centre. All students do so, and the police visit their homes daily to ensure that they abide by quarantine rules. Other family members of these students are also placed under quarantine. This rule must apply to everyone, and the EC members and their children cannot be ‘more equal than others’.
EC Chairman Deshapriya has been quoted by the media as saying that Prof. Hoole was not aware that the latter’s daughter had to undergo quarantine for two more weeks. Even a not-so-educated villager knows a person who returns from abroad has to complete a 28-day quarantine period. We thought the EC members were well informed. After all, they are required to read and understand the Constitution and other complex laws.
Shouldn’t those who have postponed a general election, citing Covid-19 as the reason, care to read the laws, rules and regulations, concerning the prevention of the disease and the quarantine process? Can a motorist get away with running a red light by claiming that he is not aware of the traffic laws? Or can a candidate claim his ignorance of election laws in extenuation of the offence of forcing himself into a polling station? Don’t judges often say ignorantia juris non excusat?
Hundreds of students have completed the mandatory 28-day quarantine period, and hundreds of others are in the process of doing so. Director General of Health Services, Dr. Anil Jasinghe, Head of the National Operation Centre for Prevention of COVID-19 Outbreak and Army Commander Lt. Gen. Shavendra Silva, Acting IGP C. D. Wickramaratne and others ought to ensure that all students are treated equally. They must explain what action they have taken or propose to take in respect of the complaints of quarantine law violations against the EC members. Or they must allow all students who return from other countries and their parents to do as they please if they think the act of skipping part of the quarantine process does not pose a serious health threat to others.
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