Friction between Parliament and judiciary is not a new phenomenon in Sri Lanka. In the early eighties, we saw the battle between the executive and the judiciary when Chief Justice Neville Samarakoon hit out at government policy.
Although not in the same magnitude, there appears a problem between Parliament and some members of the judiciary is surfacing once again.
At the UNP group meeting last week, former Minister John Amaratunge raised a matter where Justice Ninian Jayasuriya has made some comments in reference to MPs.
Justice Jayasuriya who is a member of the commission probing alleged malpractices in public bodies said on February 29, "we strongly denounce and vehemently deprecate any attempts to dictate to this commission. Whether it takes the form of juvenile chirpings emanating from parliamentarians hiding behind the cloak of parliamentary privilege or intimidation or dictation from any other more powerful source or quarter whatever, we will proceed to discharge our duties and judicial power undetered and undaunted.
"Justice Jayasuriya made these observations when he was referring to certain statements contained in K.N. Choksy's written submissions to the commission.
At the UNP group meeting ex-minister Amaratunge claimed the judge's statement was a breach of parliamentary privilege. UNP leader Ranil Wickremesinghe also held the same view and said the matter should be gone into.
Accordingly, the UNP leader along with Mr. Amaratunge decided to meet Speaker K.B. Ratnayake on Tuesday morning. But before that, Mr. Wickremesinghe received a telephone call from TULF top rung member, Dr. Neelan Thiruchelvam who said he was also taking objections to the statement made by Justice Ninian Jayasuriya.
Later Dr. Thiruchelvam joined the UNP leader and Mr. Amaratunge to meet the Speaker.
Mr. Ratnayake after a hearing, told them to submit the complaint in writing to take necessary action.
He later gave permission to the UNP to raise a breach of privilege issue in the House.
Accordingly, on Friday Mr. Amaratunge raised the matter and said:
"You will recall that the Leader of the Opposition, Hon. Ranil Wickremesinghe, M.P., Dr. Neelan Thiruchelvam, M.P., and myself drew your attention to this matter when we met you in your Chambers on 5th March 1996
"The Daily News of 1st March 1996 carried a news item at page 16 under the caption, "SPC denounces attempts to intimidate or dictate to it".
"The news items is a report of the proceedings held by the Special Presidential Commission of Inquiry (1995) on 29th February 1996. The Commission comprises Hon. P.R.P. Perera, Hon. Hector Yapa and Hon. F.N.D. Jayasooriya."
"The news report states that in the course of the proceedings Hon. F.N.D. Jayasooriya speaking on behalf of the Commission stated as follows: "We strongly denounce and vehemently deprecate any attempts to dictate to this Commission. Whether it takes the form of juvenile chirpings emanating from parliamentarians hiding behind the cloak of parliamentary privilege or intimidation or dictation from any other more powerful source or quarter whatsoever, we will proceed to discharge our duties and judicial power undeterred and undaunted."
"Mr. Speaker, the aforesaid words constitute a clear breach of privilege of this House and it's members in terms of Article 67 of the Constitution read with the Parliament (Powers and Privileges) Act."
"They are also defamatory of this House and it's members and hold out this House and it's members to public redicule and contempt in breach of the privileges of this House."
"The aforesaid words also suggest improper conduct on the part of the democratically elected representatives of the people who sit and function in this House, and are also thereby a breach of privilege of this House."
"The Commission has not corrected or contradicted the aforesaid news report."
"I therefore request you Mr. Speaker as the custodian of the rights and privileges of this House and it's members to cause requisite action to be taken under the provisions of the Parliament (Powers and Privileges) Act and the Standing Orders and Conventions of this House against the aforesaid three members of the said Commission for breach of privilege of this House and it's members."
"I shall thank you to keep this House informed of the steps taken in this connection."
Besides this, the UNP group had also discussed matters pertaining to the appointment of new Attorney General Sarath N. Silva.
The government group also meet on Tuesday at the Presidential Secretariat with the President taking the chair. Discussions centred on the controversial Tawakkal issue.
But before the President arrived parliamentarian Chandrasiri Gajadheera had an argument with Minister Mangala Samaraweera. Mr. Gajadheera's problem was that Mr. Samaraweera had participated at a function in his electorate without giving prior notice, when there is a norm to that effect. Mr. Samaraweera shot back saying when the government was trying to resolve problems some were trying to create more problems.
Interjecting Janaka Bandara Tennekoon said they had assembled to discuss much more important issues than this.
Mr. Tennekoon couldn't continue as the President walked in.
As the President came in, Chief Whip Richard Pathirana said the MPs were awaiting an explanation on the Tawakkal issue.
The President said she was ready to talk on the issue and the MPs fired questions.
At the outset she said that Minister Nimal Siripala de Silva had nothing to do with this issue though some tried to point the finger at him. She said the allegation was false and baseless.
At this stage the MPs called for proof and asked as to how Minister Kadirgamar's first letter in which he alleged that a Minister was involved in a scandal leaked out.
"I am also bit puzzled, but I did not leak it," the President said.
Then the MPs demanded an inquiry to find out as to who leaked the letter written by Minister Kadirgamar to the President.
The President said she wondered whether it was worth the trouble as information was being leaked out to the press anyway.
"Cabinet discussion papers, group meetings and even the discussions of the Mulberry group are reported in newspapers".
However, the President promised the MPs she would invite an inquiry.
The MPs then asked the President why Minister Kadirgamar was not present at the group meeting. "He promised to come, but unfortunately he had not turned up", the President said.
She told them not to worry or get excited over the matter since she had in her possession 42 files which would reveal massive frauds committed during the UNP regime.
"So far I have acted very democratically. I will release these files one by one which would reveal lots of things and names".
MP Janaka Bandara Tennekoon while welcoming the President's move requested her to hold an inquiry into the Tawakkal issue.
Industries Minister C.V. Gooneratne also said there should be a probe.
He said it was important to find out as to who was behind this matter.
When the MPs talked of newspaper reports published in this regard, the President said that one paper was using obscene language while the other was using refined language to attack the government. When Nalanda Ellawala asked as to whether she saw The Sunday Times of March 03, the President said, "I don't read it at all."
But the MPs told the President that she ought to read all the newspapers as the person wielding executive power in the country.
As the MPs demanded a satisfactory explanation to the current issue, the President said she would discuss the matter with the Ministers and make a statement in Parliament.
The President also said the government would allow a debate on the matter and said she would send all documents to the persons concerned.
Hours before the group meeting, 41 members of the Mulberry group met in a committee room to discuss their stand on the Tawakkal issue.
Upali Gooneratne said it was not proper for every member to talk on this issue and put the government into an embarrassing position. Thus any statement or comment on this matter should only be issued by the leader of the Mulberry group, Chamal Rajapakse. Others agreed.
The group also discussed the issue relating to the thumping pay hike received by Secretary to the President, Kusumsiri Balapatabendi.
They feel that when the President has pruned down the expenses on MPs, a large pay hike for Mr. Balapatabendi was inconsistent if not worse.
Mulberry member Felix Perera said there was no strong personality in Parliament to defend the government when it came to issues such as Tawakkal.
He said during J.R. Jayewardene's time Ranasinghe Premadasa was there along with heavyweights like Gamini Dissanayake.
Mr. Perera emphasised the need to have a strong personality who could stand up during times of crisis.
After Mr. Perera made his observations, the group agreed to strengthen it to defend the government on issues such as the Tawakkal scandal.
But now parallel investigations have been launched, one by the President and the other by the Mulberry group. The group has apparently collected all the documents relating to the matter from journalists.
The Sunday Times which interviewed Minister Lakshman Kadirgamar helped to clear misunderstandings between officials and politicians, allegedly created by his first letter which was published in another newspaper.
The President had a one-to-one chat with Mr. Kadirgarmar shortly before cabinet was due to meet. At that discussion Mr. Kadirgamar explained the developments in the matter, which undoubtedly has developed to be the talk-of-the-town.
The President was concerned that the UNP was exploiting the affair and would make political capital out of it. Therefore she wanted to defuse the issue. Mr. Kadirgamar having explained matters had urged her to conduct an investigation pronto.
She agreed saying, "of course, of course," but queried as to how to begin. The CID the men for the job of course, were the natural pick.
At 7 p.m. on Wednesday, the Cabinet of Ministers met. And didn't Mr. Kadirgamar come in for some flak from his colleagues.
While some of them sided with him, the majority seemed to say that his letters - now published in the press - had embarrassed them totally.
He was told that the Sinhala tabloids had "gone to town". From the pro-government "Ravaya" to the anti-government "Siyarata" then had splashed the story demanding to know which Minister had taken a bribe to have the Cabinet decision reversed. One of them said how the UNP's organ, "Siyarata" had a picture of Mr. Kadirgamar pointing his finger at another picture which was a group photograph of the Cabinet and asking the question "who is the rogue"? The winner was to get two bags of Puttalam Cement.
Trade Minister Kingsley Wickremeratne cracked what was obviously a joke. He said "When Lakshman (Kadirgamar) says something, it is taken seriously".
It would be different if Lakshman (Jayakody) said it.
The third Lakshman in the Cabinet, G.L. Peiris read the transcript of the taped conversation where one of the Tawakkals who ran Puttalam Cement talks of bribing Sri Lankan politicians. Minister Peiris referred to "top persons" and "top person" in the transcript.
He said "top persons" could mean Cabinet Ministers and "top person" could only mean the President, and went on to explain the implications of this.
Education Minister Richard Pathirana pressed for an explanation saying the people eagerly wanted one themselves. He asked Mr. Kadirgamar to name the Minister who is supposed to have taken a bribe.
Under this assault from his peers, Mr. Kadirgamar began to go through what he had just about explained to President Kumaratunga moments earlier.
He said he could not vouch, personally, for the contents in the tapes, adding that businessmen often talk big, and that he has made no allegation against any of his colleagues. He said he did what was told by the President at the time, and that was to bring what he got to know to the attention of the President.
Dr. Peiris then suggested that Mr. Kadirgamar make a statement in parliament to this effect, and M. H. M. Ashroff pipped in to say that the statement should not be vague, because that would not help the Government.
The President said the matter was not that serious. She felt it had been given undue prominance by some newspapers. She called it a "Ranil - leader coup." She then cautioned Mr. Kadirgamar saying that UNP might bring pressure on him to resign. She said the Minister should withstand all that and emerge victorious. In short she told the Minister not to get caught to the UNP's ploys.
Mr. Kadirgamar said being a sportsman, he had the physical and mental capacity to face any challenge. He said he was a sprinter and ruggerite and he knew how to tackle.
Again, Mr. Kadirgamar insisted on an investigation. The Ministers agreed. "But I can't announce that," Mr. Kadirgamar said. "That's not under my purview". So it was agreed that General Anuruddha Ratwatte do the needful.
That same night Mr. Kadirgamar went home feeling that some newspapers at least were putting an unfair load on him against his colleagues and wrote down a two-page statement which he delivered the next morning (Thursday) in the House.
State run radio and TV announced during the day that Mr. Kadirgamar has now denied making allegations of bribery by Cabinet Ministers in the Puttalam Cement fiasco.
The fact of the matter is that Mr. Kadirgamar in fact never ever made any specific allegations against his colleagues. He only said there was something to be inquired into.
But the way the statement went it looked as if Mr. Kadirgamar was on rewind and it was clear the pressure from his colleagues had been telling. Mr. Kadirgamar, held in the highest esteem in the public eye took a dip at the apparent reversal in his earlier position.
However many felt more explanation was needed. In this backdrop, the UNP gave notice of a no- confidence motion to the Secretary General of Parliament on Thursday.
Soon after both the tabling of the UNP's no-confidence motion and Mr. Kadirgamar's statement that Thursday morning, the Foreign Minister and UNP leader Ranil Wickremesinghe met on the corridors of Parliament.
"So you must be chuckling over all this," said Mr. Kadirgamar to Mr. Wickremesinghe. And from that they were engaged in a rather serious conversation that revolved around bribery and corruption in public life of Ministers and senior officials and how businessmen sometimes bribe but often brag.
They talked of how Singapore has decided to pay high salaries to senior public servants to ward off this menace and how it has taken a new turn in Sri Lanka in recent years.They also talked of campaign contributions.
Earlier, on Tuesday morning at the UNP group meeting, leader Ranil Wickremesinghe had said a Finance Ministry Bill was coming up that day in Parliament and he would be starting the debate.
He said since it was a Finance Ministry matter he could raise the Tawakkal issue and ask Minister G.L. Peiris to make a statement to the House as to what action the government was taking in the matter.
Parliamentarian Ronnie de Mel said he would be doing the same.
However, some members said the UNP should consider a vote of no-confidence on the government since one minister had accused another of having taken a bribe.
Mr. Wickremesinghe was also thinking on the same line.
He thought it best to insist that the transcript of the telephone conversation be handed over by the government to the CID for investigation.
Thereafter the government will have to inform the House of the outcome of the CID investigation, and then it would be possible for the UNP to move the no-confidence motion with greater effect.
Some members said the UNP should straightaway move a no-confidence motion without allowing the government to white-wash itself.
Mr. Wickremesinghe however pointed out the need to examine the letter written by Mr. Kadirgamar to the President to see whether Minister Kadirgamar was passing information to the President or whether he has made an allegation.
Mr. de Mel also agreed on that point. At this stage Mr. Wickremesinghe said he would like to discuss the matter with former Minister Choksy.
Accordingly, the same evening Mr. Wickremesinghe met Mr. Choksy along with Ronnie de Mel, Wijeyapala Mendis and John Amaratunge. They examined the letter published in the newspapers and other correspondence relating to the matter and a view was taken that Mr. Kadirgamar has accepted as "correct" the information he has received from the senior partner of FJ. and G. De Saram, Mr. Kadurugamuwa, and had made a complaint to the President on that basis.
They held the view that the whole tenor of his letter is to that effect and decided that a motion of no- confidence be moved on the government.
The UNP's no-confidence motion reads thus:
"Whereas this government failed to take prompt and effective action on the specific allegation made by the Minister of Foreign Affairs, in a letter dated 19th January 1996 addressed to Her Excellency the President that a Minister and an official received bribes amounting to Rs. 30 million to set aside a Cabinet decision of 23rd March, 1995 pertaining to the Puttalam Cement Co., Ltd.
"This House expresses its lack of confidence in the government.
The motion was signed by Ranil Wickremesinghe, Ronnie de Mel, Susil Moonesinghe, John A.E. Amaratunge and Wijeyapala Mendis.
On Friday, at a Party leader's meeting the Government sprung a surprise saying that they wanted to discuss Mr. Kadirgamar's statement in Parliament and not the UNP's no confidence motion (details on Page 1).
Meanwhile in separate development many changes are taking place in government media institutions. First in the row was Lake House Chairman A.K. Premadasa was asked to resign by Media Minister Dharmasiri Senanayake. He summoned the entire Lake House directorate to the Ministry and requested them to tender their resignations. At this meeting, Mr. Senanayake reportedly observed that the Chairman had on occasion acted on his own disregarding Minister in charge of the subject.
Employees have been thrown out arbitrarily and media centres, opened on the Ministers directions, have been closed down, while requesting him to tender his resignation. The Minister's choice for this slot was Ministry Secretary Edmund Jayasinghe whose name was sent to the Public Trustee for formal conformation
.Mr. Jayasinghe will be the fourth to occupy the hot seat of Lake House within 18 months. Before him were Lionel Fernando and Lakshman Jayawardana.
But the question that arises from the appointment of Mr. Jayasinghe as the Chairman is as to why the Minister moved in this direction, while he was having an ongoing battle with Mr. Jayasinghe.
With his decision to ask Mr. A.K. Premadasa to go, the Minister is believed to be contemplating more changes in the government owned media institution. The Minister forwarded a Cabinet paper on Wednesday for the appointment of an Additional Director General for the Sri Lanka Broadcasting Corporation.
The Minister also proposed that Newton Gunasekera who is currently holding the Post of Deputy Director General be appointed to this post. But to the surprise of the Minister, President Kumaratunga advised him to withdraw his Cabinet paper and told him to create a Director Generals Post at the ITN (Independent Television Network) and appoint Mr. Gunasekera there. This has apparently upset Mr. Gonasekera plans in the SLBC and the Minister's plans.
Mr. Gooneratne is reportedly refusing to take up the new post at ITN. Thus it is likely that there would be more changes in the government-controlled media within the next new weeks. With all these controversies and accusations the government's main concern is to go ahead with the political package.
But it appears that the opposition expressed by the Maha Sangha would be the main obstacle.
India also appears to be worried over the opposition expressed by the Sangha, fearing it could have a wide impact at village level and spark off more vehement opposition to the package.