-By A Special Correspondent
(Lanka-e-News -18.Jan.2025, 11.15 PM) In the land of tea, cricket, and spicy curries, a curious trend has emerged: corrupt politicians clutching the Constitution like it's their grandmother’s rosary, racing to the Supreme Court to dodge arrest. Welcome to Sri Lanka, where former ministers accused of bribery and corruption suddenly discover a newfound passion for legal interpretations—right when the handcuffs are about to make an appearance.
But why, you ask, do these so-called guardians of democracy sprint to the Supreme Court faster than they ever ran during their political campaigns? The answer lies in a fascinating blend of legal loopholes, constitutional gymnastics, and the kind of audacity that would make even a magician blush. Let’s dive in, shall we?
Sri Lanka’s Constitution, in its noble intent, gives us Article 13(1), which states:
No person shall be arrested except according to procedure established by law, and every person arrested shall be informed of the reason for their arrest.
Sounds fair, right? It’s a cornerstone of any functioning democracy—a safeguard against arbitrary arrests and abuse of power. But in the hands of a crafty politician, it becomes something entirely different.
Imagine a politician, let’s call him Mr. X (no relation to Malcolm, this one’s no revolutionary). Mr. X has been accused of misappropriating public funds, accepting bribes, and possibly sneaking off with his office coffee machine. The police are closing in. Suddenly, Mr. X remembers Article 13(1) and files a Fundamental Rights Petition in the Supreme Court, claiming his rights are being violated.
What he’s really saying is: “Your Honor, please protect me from being arrested while I have time to shred documents, delete WhatsApp messages, and transfer my ill-gotten wealth to an offshore account.”
In recent years, we’ve seen a parade of ex-politicians filing these petitions to avoid detention. It’s a comedy of errors, except the joke is on the public. Let’s break down their playbook:
1. Step 1: Cry Foul
Accused politicians suddenly find their voice, claiming that the investigations are politically motivated. Never mind the fact that they were caught with sacks of cash or were recorded negotiating bribes—this is clearly a conspiracy!
2. Step 2: Invoke the Constitution
With the flair of a Shakespearean actor, they declare, “My fundamental rights are under attack!” and rush to the Supreme Court. The legal argument? The police are acting unlawfully, and their arrest would amount to tyranny.
3. Step 3: Delay, Delay, Delay
Once the case is in court, every trick in the book is used to drag out the process. This buys them time to tamper with evidence, influence witnesses, or quietly sip cocktails in a safe house.
4. Step 4: Paint Themselves as Victims
Suddenly, the very individuals accused of robbing the public purse become martyrs of democracy. Social media campaigns, press conferences, and strategically placed sob stories emerge.
This legal maneuvering isn’t just frustrating—it’s downright dangerous for Sri Lanka’s democracy and public trust in the judiciary. Here’s why:
1. Undermining Investigations
When corrupt politicians avoid detention, they gain the opportunity to interfere with ongoing investigations. Evidence disappears, witnesses are intimidated, and investigators are pressured.
2. Eroding Public Trust
The average Sri Lankan citizen, struggling with inflation and corruption, watches these theatrics and wonders: “If I stole a loaf of bread, I’d be in jail by now. Why do these people get a free pass?” This perception erodes faith in the legal system.
3. Legal System as a Shield for the Powerful
When the Supreme Court is forced to entertain petitions that are clearly tactics to avoid accountability, it risks being perceived as a shield for the powerful rather than a guardian of justice.
Let’s take a closer look at one infamous example. A former labor minister faced allegations of misusing billions of rupees in an overseas recruitment scandal. Instead of facing the music, he filed a Fundamental Rights Petition. His defense? He had a “government-to-government agreement” to justify his actions.
Translation: “It wasn’t corruption; it was diplomacy. And those bribes? Consider them international relations fees.”
Of course, while his petition was being heard, rumors swirled that evidence was conveniently going missing. Coincidence? Unlikely.
The Attorney General’s Department plays a crucial role in these cases. They must vehemently oppose these petitions and argue for the importance of allowing investigations to proceed without interference.
The judiciary, especially the Supreme Court, is the last bastion of hope for the public. It must strike a delicate balance: ensuring that individual rights are protected while preventing the legal system from being exploited by those with deep pockets and dubious morals.
The court must also remember that the Constitution was written to protect the people, not shield criminals. A corrupt politician filing a petition to avoid arrest is like a burglar suing a homeowner for installing security cameras—ridiculous, but somehow real.
To curb this growing trend, Sri Lanka must consider legal reforms. Here are a few ideas:
1. Fast-Track Corruption Cases
Fundamental Rights Petitions related to corruption and bribery should be fast-tracked, with clear deadlines for hearings and judgments.
2. Strict Conditions for Interim Relief
The Supreme Court should impose strict conditions on granting interim relief (e.g., preventing arrests). Politicians filing such petitions should be required to surrender their passports and assets to prevent interference in investigations.
3. Transparency in Proceedings
Publish summaries of these cases so the public can see the arguments and decisions. Sunlight is the best disinfectant.
4. Strengthen Investigative Agencies
Provide investigators with the resources and independence they need to withstand pressure from powerful individuals.
There’s a reason these politicians fight tooth and nail to avoid being detained. In detention, they lose control. Without access to their network of cronies and resources, they’re at the mercy of the investigators.
Detention isn’t just about punishment; it’s a tool to ensure investigations are fair and unobstructed. It prevents evidence tampering, witness intimidation, and the misuse of power.
When a politician runs to the Supreme Court, they’re not fighting for their rights—they’re fighting to keep the system rigged in their favor.
Sri Lanka’s Supreme Court has a proud history of upholding justice and protecting the Constitution. It’s time for the court to reaffirm its commitment to the people by standing firm against these frivolous petitions.
Every time a corrupt politician abuses the legal system, they chip away at the very foundations of democracy. The Supreme Court must show its backbone and remind these individuals that justice is blind—not deaf to the cries of the people.
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by (2025-01-18 17:42:32)
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