The Sunday Times Editorial

20th October 1996


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Pros and cons of indictment

Almost nine months after the shattering Central Bank bombing, the government last Monday indicted LTTE leader Velupillai Prabhakaran and others on 712 charges relating to that crime. Government sources say the decision to indict was taken soon after the bombing but there were delays in framing the wide ranging charges.

Though most Tamil parties feel the move is unrealistic, impractical and unhelpful to the peace process, this first step in indicting the dreaded LTTE boss is indeed significant. Legal consequences flowing from it will mean that Prabhakaran will be a fugitive when he does not turn up in court. He will be condemned legally as a "terrorist" and wanted in two countries, India and Sri Lanka.

Attorney General Sarath Silva replying to criticism that the indictment of Prabhakaran was a mere cosmetic exercise with little possibility of his arrest, has said the government's main legal aim is to show that no one is above the law. Prabhakaran is also to be indicted on charges relating to the Dehiwala train bombs in July.

No law enforcement agency can let these horrendous crimes in which thousands of innocent people were killed or injured, go without prosecution merely because the alleged offenders are purportedly beyond its reach, the AG has said.

The LTTE will obviously not take this lightly or lying down. Its official organ has accused the government of shutting the door on negotiations. Prabhakaran was once finger-printed in Tamil Nadu on the orders of the then Prime Minister Rajiv Gandhi and many analysts believe his bloody fury towards Mr. Gandhi was more for that than for the 1987 peace accord, which was forced down the LTTE chief's throat.

But does this mean the government is not taking the other step - that of banning the LTTE? Is it not a manifestation of ad-hocism if not vacillation or lack of direction on the government's part. In August it came very close to banning the LTTE when suddenly because of a four nation cricket quadrangular here, the government opted to postpone the ban. That tournament is long over and instead of the ban we see the indictment on Prabhakaran.

What we ask is whether there is a plan. We are not asking what it is but is there one? A military, political, legal plan? We think there isn't one. Just ad-hocism.

The indictment came as a surprise to the top military brass as well as several senior ministers in charge of mapping out the macro political strategy. The indictment will please the hard-liners who believe a military solution followed by some kind of devolution on non-ethnic lines but on economic and administrative lines is the answer. It has also seemingly scuttled any third party intervention, at least for the time being. But the military despite gains on several fronts, has a long way to go before defeating the LTTE on the battlefield.

The last army recruitment campaign admittedly was a flop. This time massive incentives have been thrown in, coupled with warnings to the private sector not to employ deserters in a bid to bolster the strength of the army.

In the meantime the country may have to brace itself for any angry reaction by the LTTE.

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