Do people have a choice? - Editorial

With the dissolution of the Western and Southern Provincial Councils on Sunday night, the ruling United People’s Freedom Alliance and opposition parties will again give priority to the election campaign with the polls likely to be held in mid-March.

Election campaigns for quite some time have been marred by the blatant abuse of public resources largely by the ruling party, with political dansals where a variety of food and other items are given free. Thus violent battles tend to crop up within parties for preferential votes.

One of the most shocking and disturbing revelations heard recently was the allegation where a letter had been sent from the Prime Minister’s office for the release of a container which later turned out to contain narcotics. This scandal broke out with the Central Provincial Council election that was held a few months ago.

In another major incident after the crucial elections to the Northern Provincial Council last year, the UPFA’s opposition leader Kandiah Kamalendran was accused of killing the Delft Pradeshiya Sabha Chairman Daniel Rexian. It was alleged that Mr. Kamalendran was having an illicit affair with Mr. Rexian’s wife and they had allegedly plotted together to kill him, though they first claimed it was suicide. Mr. Kamalendran and Mr. Rexian are both members of the Eelam People’s Democratic Party (EPDP), a partner in the UPFA. Minister and EPDP leader Douglas Devananda – whose image and position were further undermined by this scandal – has called on Mr. Kamalendran to resign from his post as opposition leader and member of the NPC. But Mr. Kamalendran is reportedly refusing to do so invoking the hallowed principle that a person should be presumed innocent until he or she is found guilty beyond reasonable doubt.

In such a backdrop the rule of law has broken down to the extent that even Chief Justice 43 Shirani Bandaranayake who was impeached in January last year, is facing a political witch-hunt.

Lal Wijenayake, Chairman of the Bar Association of Sri Lanka (BASL), Standing Committee on the Rule of Law writing in a weekend newspaper recently, said the impeachment of Chief Justice 43 Shirani Bandaranayake on January 11 last year was one of the darkest days in Sri Lanka’s history. He said: “As far as we are aware, this is the only incident in the history of any known democracy where the government has acted in disregard, throwing out judgments of superior courts established under its own Constitution. These are blatant acts of contempt of court but our courts were helpless and unable to enforce the law against those responsible due to the enormous political power vested in them”.

Referring to these and other such abuses last year, Mr. Wijenayake says: “This amounts to arrogation of judicial power by the administration and is in complete disregard of the Rule of Law. The impunity with which these blatant criminal acts are committed demonstrates the complete breakdown of the Rule of Law that has taken place during the last year”.

In such a situation questions are being raised about a free and fair election being held, not withstanding the fact that the opposition parties are yet get their act together.  Until such time the people have little choice.