The Opposition’s cry -- ‘democracy and justice endangered’ -- truth or exaggeration?

Yet, it cannot be said democracy in the US is in its death throes. Compared to what’s taking place in the US, the arrest and subsequent release of the past president is more like a storm in a tea cup

Among the main planks of the National Peoples’ Power (NPP) pre-election promises was its pledge to tackle the scourge of corruption. Corruption has ruled this land ever since late President Jayewardene invited the ‘robber barons’ into the country in an effort to attract foreign investment to back his ‘open economy’ policies. 

Unfortunately, the robber barons responded positively, bribing their way from high-flying ministers to bureaucrats to the petty peon in government institutions. Nothing could be done without paying ‘a podi something ekack’ to get the smallest job attended to. 

Soon, foreign organisations and persons interested in investing in the country left in disgust as huge bribes running into millions of dollars were demanded. A number of ministers were seen to purchase large tracts of orchards in foreign countries. Others built palatial buildings, fattened their bank accounts and purchased other luxuries far beyond their means. 

Even when the country’s economy collapsed, these artful dodgers continued their corrupt practice despite the disaster. A prime example of this unbridled greed was best exposed in the actions of then Health Minister  -- Rambukwella -- who misused the credit facility offered by India to import sub-standard drugs while fattening his wallet. People died while others partially lost their sight. 

Media reported the incident widely; but the political powers of the time attempted to shield the minister. Overwhelming evidence however, saw the minister and his corrupt family end up behind bars. Whether he will be tried for the deaths of innocent patients and those whose eye-sight deteriorated by use of sub-standard drugs remains to be seen.  

The burgeoning corruption to which varied governments seemed to be blind, and the present regime’s promise to tackle corruption irrespective of power and position, was one of the main reasons which brought the present NPP government into power. The past week saw a flurry of ex- ministers, a past Inspector General of Police, numerous high ranking police personnel and even a past president being taken into custody on charges of misuse of public funds.

The entire political opposition in parliament,  including past presidents,  have come out against the arrest of past president Ranil Wickremesinghe. They charge that democracy and justice in the country are endangered by the present regime. Judging by what is taking place in the US (the self-styled protector of democracy, justice and freedom) under President Trump, the actions of the NPP fade.

Today,  Trump has deployed federal troops in towns controlled by African American Mayors of the Democratic Party, supposedly to fight crime. He has openly ordered the FBI to investigate those who were critical him during the Biden administration. He  is also attempting to undermine the independence of the Federal Reserve (the US Central Bank).

Yet, it cannot be said democracy in the US is in its death throes. Compared to what’s taking place in the US, the arrest and subsequent release of the past president is more like a storm in a tea cup. There was no big backlash from the public against the arrest. While some sections deplored the action, many others feel that what the government did get wrong has been its infantile handling of the incident.

There is a fine line between official and private actions of an executive president in our Constitution. This was probably left vague to protect past presidents from being prosecuted after their term in office ended.

What is necessary today, is to open the topic to the legal fraternity -- both the Attorney general’s Department and the Bar Association of Sri Lanka (BASL) – and, after serious discussion on the subject, to clearly demarcate the line between official and private expenditure of presidents as has been done in different parts of the world. 

If this is not clarified, litigation and other actions by the state against past presidents may be viewed as acts of political vengeance (as was the case in the stripping of  Ms. Sirimavo Bandaranaike’s civic rights under late president Jayewardene’s presidency). Ultimately the move against the politically corrupt may backfire on the government.