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By Sarasi Paranamanna
Minister Mervyn Silva’s son Malaka and Ambassador Bharathi Wijerathne’s son Rehan have been bailed out. The turn of events in the assault on the Army Major allegedly by these two individuals was certainly interesting. The Army Major’s recant might not only cost him his credibility as an intelligence officer but many parties are now questioning the competence of such intelligence officers who are bemused and shocked soon after a beating.
Even after Malaka and Rehan were ordered to be arrested they were seen at the Kelaniya temple but the police failed to arrest them. Finally after they were arrested, the Army Major went back on his accusations with the corporal who was said to have been accompanying the Major nowhere in the picture.
With this interesting yet disturbing end to the dramatic saga that will go down as a yet another incident where an act allegedly committed by a relative of a VIP politician of this country has been settled on “amicably”.
It is noteworthy that Malaka Silva has been charged by court for assaulting police officers who were conducting a narcotic raid and for beating an accountant at a restaurant. But it is not just the son of Public Relations and Public Affairs Minister Mervyn Silva who had behaved in this manner. Traffic rule violations, assaults and other illegal actives committed by these VIP members and their relatives have been reported over the years but the trend continues where the public are victimized with impunity.
Code of Conduct
The VIPs have to set an example to the public by behaving in a lawful manner rather than exhibiting how well they can manipulate power and politics to get away with crimes. The discipline and regulations has to be come from within the political parties themselves claimed Sri Lanka’s Human Rights Commissioner Prathiba Mahanamahewa.
Sharing his ideas about how well the regulations of VIP conduct can be done Dr. Mahanamahewa said if each political segment has a system of introducing a code of conduct for MPs and a code of conduct for ministers, it would be helpful. He said even if a relative of a VIP acts in an illegal manner then the VIP cannot act on his behalf as it would violate the code of conduct if the code prescribes action that has to be taken against those who deviate from the code. He said if disciplinary action is taken if the VIPs try to influence the law enforcement agencies or engage in illegal conduct the issue can be curbed.
However it is an undeniable fact that this code of conduct can only be brought if the political will is present. History has shown us that especially in the department of the ‘Silvas’ not even a disciplinary inquiry has been made. Hence political will and people’s wise selection of representatives are crucial factors to see that ministers and MPs do not engage, support or protect those engaged in illegal activities.

Violation of Traffic Rules
Most Traffic accidents committed by VIPs and their relatives are due to high speeding back-up vehicles. Dr. Mahanamahewa inquired as to why MPs and ministers want to use back up vehicles when there is no threat from terrorism. The President himself has witnessed the reckless driving of a minister on Parliament Road on one of his visits to Parliament . Subsequent to this the President has warned the ministers not to abuse the privileges given to them but to what extent the warning has been heeded has to be answered by the people.
Dr. Mahanamahewa pointed out that though the court order is not being heeded there is a Supreme Court judgment which has held that the intermittent stopping of the traffic flow for VIPs to travel inconveniencing the public should be avoided. He stressed that the registration of the VIP vehicles is essential and noted that displaying number plates of these vehicles should be present at all times.
He suggested that in order to bring more discipline the Transport Minister should formulate a ‘Highway Code”. He further pointed out that in countries like Australia and Britain even the Prime Ministers use public transport.
Use of weapons and private bodyguards
According to the police spokesman Ajith Rohana, the members of the ministerial security division assigned for VIP protection have the responsibility of ensuring the protection of their family members or relatives if special circumstances arise.
“If a member of the MSD commits a crime like assault or robbery or use of force he is no different to an ordinary man committing a crime. Nobody is above the law and one should not think that they are above the law. The law is equal to everybody” SSP Rohana said.
He said MSD personnel are given a separate uniform which is light yellow in colour and added that they are expected to wear these at all times while on duty.
Dr. Mahanamahewa, referring to the assassination of presidential adviser Baratha Lakshman Premachandra, said the uniforms were given after that incident and added that providing uniforms is a good move as even an ordinary person can identify them however he noted that the private bodyguards who are employed by the relatives or the VIPs also cause issues. He noted that sometimes they get into fights with people using the power of the person who is paying their wages.
“This culture has to be stopped. Earlier also we could remember that certain politicians were alleged to have sought protection from people like ‘Beddegane Sanjeewa. At a time when terrorism is eliminated I do not see the point in getting private body guards,” SSP Rohana said.

Commenting on the use of weapons he said while MSD personnel may carry weapons there is absolutely no necessity or legal provision which justified relatives of the ministers and MPs using weapons. He said that illegal weapons might also circulate among these private bodyguards and added providing ‘professional bodyguards’ if necessary is much more suitable because local thugs might also be on the list of private bodyguards who are used to wielding weapons at their whim and fancy.