Dayan
Jayatilleke in an interview with the Mirror of 7 January,2013, which introduces him as a “leading intellectuals,
ex-diplomat, Political scientist, university don and raconteur, ” says, “having spoken in support of President
Rajapaksa in his re-election campaign in December 2009 - which I do not regret
for a moment - I criticized the detention of Gen Sarath Fonseka, in an article
in the Daily Mirror and The Island published on Feb 15th 2010, under the title
‘A Perfect Blunder’, in which I listed ten reasons for characterizing it as
such. I would call the impeachment motion and the manner of its implementation
‘A Perfect Blunder – 2’.
He
calls the present interview an “ Impeachment, A
perfect Blunder – 2”
., because he explains, he criticised the “ detention of Gen Sarath Fonseka, in
an article in the Daily Mirror and The Island published on Feb 15th 2010, under
the title ‘A Perfect Blunder’ ”
Sarath
Fonseka , poor man, he committed the
worst folly in presenting himself as a politician, sacrificing his well earned
title of “Great heroic Son of Sri Lanka” It was perhaps well that he was sent to
prison which he should have experienced not as a humiliation, but as a lesson of humility to
understand that life is not only for selfish achievements, but also for
selfless dedication.
He
may have by now understood that all those who gather around a person in his
prosperity cannot be expected to be around him in his adversity. Life is after all an experience of learning.
However,
lets get back to the Intellectual raconteur Dayan Jayatilleke’s Impeachment, A Perfect Blunder- 2.
He
starts off in pious spirituality, “ All
religions preach that one should do unto others as you would have them do unto
you and that one should not do unto others as you would not wish them to do
unto you.”
Then
he starts of with his habit of quoting from others. This time he begins with Emmanuel Kant and
writes -“ Emmanuel Kant put forward his dictum of the Categorical Imperative,
which means that one should take action only if one wishes those actions to be
raised to the level of a universal practice.”
From
there he explains the complexities of philosophy in his own words, “ those who
rightly decry unfairness in the accusations and indictments of the Sri Lankan
authorities by international bodies must not be so hypocritical as to practice
blatant unfairness in domestic processes.”
Dayan
Jayatilleke comes to the first subject on
which he is interviewed and says, “ I view this impeachment as a diplomat, or
more accurately an ex-diplomat, a political scientist, and as a citizen. I am
appalled that in a context in which we are scheduled to host the Commonwealth
summit and are subject to a growing campaign of hostility by the anti-Sri Lanka
movement in the UK, the government has made this country a larger target and
has made the task of these lobbyists easier by embarking on this impeachment
motion in this crude fashion.”
Perhaps
Dayan Jayatilleke wants the Government to fold its arms and stand by watching
the high officials conducts themselves improperly against accepted legal norms,
or he wants punishment meted out only against the ordinary
citizens, leaving the high officials and
social elite to do whatever they please to do ?
This
is why it is far better to be an ordinary citizen without all those
embellishments and titles of Dayan Jayatilleke, as an ordinary citizen would
see the Impeachment differently and would understand the necessity of it
according to the simple knowledge of the fact that the Chief Justice the top most official of
Sri Lanka cannot be “punished” for moral imperfection like any body else. He
understands that there should be a different way to pass “judgement” on a Chief
Justice without dragging her before a Court of Law like an ordinary no-body. This understanding is beyond Dayan
Jayatilleke, because he thinks differently from an ordinary citizen, as an intellectual in terms of religious
philosophy and Emmanuel Kant’s categorical imperatives.
He
thinks the Impeachment Motion should have been avoided not because it is wrong
or not, but because, “…. in a context in
which we are scheduled to host the Commonwealth summit and are subject to a
growing campaign of hostility by the anti-Sri Lanka movement in the UK, the
government has made this country a larger target and has made the task of these
lobbyists easier by embarking on this impeachment motion in this crude fashion.”
And
then as the other reason why the Impeachment is A Perfect Blunder -2, he says “I am aghast that we have undermined our own
argument that the TNA should enter the PSC, and reinforced the TNA’s argument
as to why it is reluctant to do so, by permitting a PSC to treat the Chief
Justice in the manner that it has! ”
He
is against the Impeachment as the TNA which we wont in the main stream
of Sri Lanka politics will not be happy the way the government is treating CJ
with an impeachment. Are these really
valid reasons ? Are we to accept these ridiculous arguments because
it comes from an “intellectual and a political scientist according to his own description
?
Those
are really not valid reasons to call the Impeachment Motion against the Chief
Justice a blunder, same as it was to call the Imprisonment of Sarath Fonseka, a blunder. Sri Lanka cannot always be mindful
of the possible condemnation by the
International Community, the NGOs, Human Rights Watch, the Amnesti
International , International Crisis Group, UNCHR, or the pro-terrorist diaspora, when ever it
has to take action in terms of its own Constitution against those who breach
the confidence placed on them.
They
may condemn Sri Lanka and
may even put Sri Lanka into greater difficulty, but shouldn’t we assert our rights
to do what we think is correct without fear of being interfered into by others
? Did these international “watch dogs” help us when we wanted them to
settle our problems with terrorism ?
They
came only towards the end to try and
stop us from eliminating the terrorists and afterwards to condemn us for elimination of terrorists
accusing us for “collateral damages” when their collateral damage to civilians
keep mounting with their drone attacks in Pakistan.
The
TNA three years after elimination of terrorists have still not cooperated with
the government even in its development projects in the North and East. The TNA who wants to set up a Tamil
Eelam State
will oppose the Government in what ever action it takes and go round visiting
Western Countries making allegations against the Government of Sri Lanka asking
them to urge Sri Lanka for
devolution of political power for the Tamils and threaten Sri Lanka with international isolation.
Therefore,
if the TNA does not want to understand that
the Tamil people want peace and
development above political rights, there is no point holding rightful action against recalcitrant officials
just to please the TNA hoping they would
one day give up their separatist
politics and cooperate with the government.
Dayan
Jayatilleke then speaks as a political scientist, apparently without any
knowledge of the Constitution and its application in an Impeachment . He says, “As a political scientist I am
appalled that alongside and behind this impeachment motion there is a claim
that the legislature does not have to adhere or respond to the strictures of
the judiciary. While it is indeed the legislature that draws up laws, it is
none but the judiciary that can decide on the legality and constitutionality of
such laws…..”
He
says he is “…..appalled that alongside
and behind this impeachment motion there is a claim that the legislature does
not have to adhere or respond to the strictures of the judiciary .” He comparing
it with an example drawn from his
“intellectual wisdom” he says , “
Just as we go to a trained and
professionally credentialed doctor in the matter of ill-health, we turn to the
judiciary to rule on whether a move is legal or not.”
With
that sort of view of an Impeachment
Motion as a political scientist there is
no wonder Dayan Jayatilleke titles his interview, ” Impeachment, A Perfect
Blunder-2”
Dayan
Jayatilleke goes on to say, “It is with excellent reason that the old adage has
it that ‘justice must not only be done, it must be seen to be done’. Our most
internationally renowned and distinguished jurist, Judge CG Weeramantry has
enunciated the basic protocols that must be observed if justice is to be done
and be seen to be done. Given his strictures, it is clear that due process has
not been observed in the manner that the impeachment motion has proceeded.”
It
is “appalling” to read the nonsense as follows with regard to the Impeachment
Motion from “one of Sri Lanka’s leading
intellectuals, ex-diplomat, Political scientist, university don and raconteur”.
He
says, “Today there is a dangerous
disequilibrium between two pillars of the state and the third and a consequent
polarization in the polity. If the parliament does not accept the rulings of
the court on matters of legality and constitutionality, who then decides on
what is legal? How then to avoid a situation in which the very legality of
parliament and the legislation that issues from it, are called into question?
There may be a serious crisis of legality and legitimacy of the government
itself. We had an analogous situation with JR Jayewardene’s coercive and
fraudulent referendum of December 1982. We seem to be on a time-machine back to
that period.”
This
intellectual ex-diplomat could have at least read the relevant Articles of the Sri Lanka Constitution in the
Internet, before he writes all these meaningless harangue, showing his
ignorance about Impeachment Motions despite his knowledge he had gathered from
all books he has read and written.
Dayan
Jayatilleke then makes a suggestion to solve the problem , which is equally
nonsensical as the title he gives to the interview, ” Impeachment, A Perfect Blunder -2” His suggestion is:
“
The only way I see out this dangerous mess is the appointment of an Independent
Presidential Commission consisting of or headed by Justice Weeramantry, to
review the whole issue and restore equilibrium. We need a neutral umpire or
referee.”
Dayan
Jayatilleke may be all that he is
described to be , a leading intellectuals, ex-diplomat, Political
scientist, university don and raconteur, but as a critic of the Impeachment
Motion against the Chief Justice, he talks absolute nonsense.
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