NOTHING BUT THE TRUTH (BY SANJEEWA FERNANDO)
“There is no greater tyranny than that which is perpetrated under the shield of the law and in the name of justice.”
People have expressed their will in no uncertain terms in the two recent elections held within the last three months. Not merely removing the previous government from office , but rejecting the entire mode and culture of governance, since independence. Not simply replacing individuals in the Executive and the Legislature with new ones, but verily, questioning the very essence of the power structures existent in the legislative and executive arms of the State. In the eyes of the public, the executive and the legislative wings of the state have failed,…. miserably.
The people get to elect their Executive and the Legislative members , but not the judiciary , like in some countries. Consequently, we do not get to measure the performance of the judges from the point of view of the general public, who are the recipients of the justice meted out by Courts of Law. The same with the other law enforcing agencies. Had the people had the power of electing and removal of the members of the judicial wing of the state, too, the verdict would have been very interesting; specially this time.
People are taking matters in to their own hands, not literally , but figuratively.
At least , yet.
Times , they are a changing; Friends.
It is hardly necessary to be rhetoric and repeat the obvious. A general and sweeping repudiation of the performance of the legislative and executive wings of the governing apparatus , does not augur well for the judicial wing as well. Any ordinary citizen, if asked whether they have faith in the rule of law and the prevalence of justice through our court system, the answer will be obvious. We leave the guess work to the reader.
The newly elected President , at his speech to the 10th Parliament on its inaugural session, stated , among other things, that the people have very little confidence in getting justice from the court system; that the rule of law has collapsed leaving, little confidence among the pubic of obtaining justice from the system if they were wronged. In short, the Head of the Executive of the Country , popularly elected by the citizenry , has expressed his concern that the rule of law does not rein in the body politique, in no unequivocal terms. It is no exaggeration to suggest that he echoes, not only the sentiment of those who elected him and his alliance to power in a sweeping landslide electoral victory, but also that of those who opposed them. As much as opponents would dispute some of the assertions that he made and promises he gave, we dare say , that he would not be challenged in his remarks with regard to the judiciary and the rule of law.
Up to now, at least, not a whimper , from anybody. The logical conclusion to be drawn is, friends and foes alike, all agree!
So what are we going to do about it?
Accuse the Executive of meddling unnecessarily with the affairs of the law enforcement and justice? Of making statements under the immunity afforded under the constitution?
We hardly think so!
We believe that he simply echoes , what has been a murmur, a whimper, a buzz, for decades. A sort of hushed up grievance , that rarely comes to the surface for some reason. The reason could be reverence, respect or something else; or it could simply be fear.
Let us be clear on one thing.
That era, where fear, reverence and respect fashioned pubic reaction to those who ruled them, is gone for ever. No high seat of power, including that of the judiciary , is beyond the piercing scrutiny of the public. Social media has put paid to any chance of keeping unsavory things under a lid. Any one who thinks so, is walking naked in public , grossly unaware of their nakedness.
Then there is the other option; take heed of the mandate of the people and do a soul searching , an introspective flashlight to see where , we , the lawyers, the judges , the prosecutors ,the law makers and administrators have led down the public, whose tax money foots the bill. How do we rekindle that confidence and faith in the court system in the first place and consequently, the rule of law? How do we prove wrong those who say that lawyers are vultures who prey on the helpless and hapless common people seeking legal redress?. How do we remove the notion that court staff are as lethargic, lazy and unresponsive as all public servants in serving those who seek their services.
The controversial crimes , referred to by the President during his speech at the inaugural session of the Parliament, is an elephant in the room, that no one from the legal fraternity could ignore. Well, they may pretend not to see the elephant in the room, but the public at large do , very clearly. They are thorns in the legal system that has become scathing indictments on the independence and integrity of the system. They are naked embarrassments to all who hold office in the highest echelons of judicial power. Those crimes , such as murders of eminent personalities like Lasantha Wickrematunge, Wasim Thajudeen, abduction / murder of Pradeep Ekneligoda, dissappearnce of 11 tamil youth in the hands of security forces , the massacre of dozens of prisoners at Welikada etc. etc. etc. remain gaping wounds that are putrefied and oozing with stinking foulness of our criminal justice system.
It is no easy task restoring public faith in the system; yet it is imperative that we do so. A scathing indictment on one branch of governance , inevitably points out to the inefficiency, lack of integrity and corruption in the other. One cannot wipe hands saying , the other two are corrupt but the other is beyond reproach.
Let us not try, the patience of the public, too much. Times are very different.
Nothing or no one, is beyond the wrathful reach of the disenchanted and disillusioned citizenry.
