“Mung Okkoma Horu Malli” – handcuffed Ranjan Ramanayake [RR] was making a general appraisal of our legal fraternity, the outspoken law-maker yelled to the media crews that thronged to hallowed precincts of Hulftsdorf, while he was being led to a prison bus. Sentenced to four years RI by the Supreme Court on January 12, 2021, Ranjan’s call resonance with, ‘History Will Absolve Me’ [HWAM] by Fidel Castro and “Black Lives Matter” [BLM] last three words of Eric Garner who was brutally killed in 2014 by a US Police Officer.

 

With due respect to the honourable learned members of the SC Bench, we should say, the fair-minded people were surprised when media announced the stern punishment, though it was obvious that the words RR employed were offending when he said, not once but many a time, “Majority of judges and lawyers are corrupt and they work for money.” The freedom of expression is a fundamental right of the people which should be practiced under the limits respecting the interests of institutions though it is guaranteed by the constitution; obviously, this freedom should not be abused in violating others right to dignity.

 

 

 Floyd’s dying words, “I can’t breathe,” made when the Minneapolis policeman planted his knee in the back of his neck for nine minutes have provoked an international outcry compelling Cricket South Africa [CSA] to issue a directive stating that Proteas, [SA] players should make the gesture and adopt a steady and united stance against racial discrimination by ‘taking the knee’. Apart from Quinton de Kock wicketkeeper/batsman ‘took the knee in support of the BLM.

Excerpts from Fidel Castro’s own defense—      ‘History Will Absolve Me’ [HWAM], the four-hour address at his trial, in October 1953…

 

“Honourable Magistrates, I am that humble citizen who one day demanded in vain that you punish the power-hungry men who had violated the law and torn our Constitution to shreds…. I know that I will be silenced for many years; there will be a conspiracy to bury me. The criminal hands that are guiding the destiny of Cuba had written for the prisoners at the entrance of that den of death the very inscription of Hell: ‘Forsake all hope.’ All these reasons support men who struggle for the freedom and happiness of the people. None support those who oppress the people, revile them, and rob them heartlessly…. Still there is one argument more powerful than all the others. We are Cubans and to be Cuban implies a duty; not to fulfill that duty is a crime, is treason…. We were born in a free country that our parents bequeathed to us and the Island will sink into the sea before we consent to be slaves of anyone. I come to the close of my defence plea but I will not end it as lawyers usually do, asking that the accused be freed. I know that imprisonment will be harder for me than it has ever been for anyone, filled with cowardly threats and hideous cruelty. But I do not fear prison. Condemn me. It does not matter. History will absolve me.”

 

In the secret tapes RR, a conversation with colleague Hirunika, [both SJB loyalists], the two compare Ranil and Sajith the then leader and deputy, where  both agree on the huge space in their intellectual capacities. Referring to Sajith, Ranjan confesses, “I worked with him for six months, he has no capacity at all”. Nevertheless, Sajith, the compassionate leader undertook the embarrassing task of making a personal representation to the President on behalf of Ranjan.

 

 

The  popular film idol and politician RR, with an unblemished record for his honesty had a meeting on August 21, 2017, with then PM Ranil Wickremesinghe at Temple Trees. RR speaking to the media immediately afterwards made a remark that the Judges issued biased judgments and that they are corrupt.  The charismatic politician who topped the list at two general elections contesting from two different districts, and held within five years, unsuspectingly became a ‘cat’s-paw’ and committed serious misdeeds in obliging his leaders to influence law enforcers and judicial officers [as confirmed by his secret tapes], to be ignored like a wad of bubble gum, on losing his way.  

 

Even legislature can’t take away the power of the Supreme Court to punish for contempt, said the bench of justices of India, stressing that the authority is conferred by the Constitution, and hence no law can be enacted to lessen or abolish it. Do we have any legislation covering this vital area? MP Sumanthiran, who appeared for RR addressing parliament on the 19 January, 2021, said that the sentence on the law-maker is unprecedented. He continued, that the punishment for the offence has not yet been determined by the law, many attempts have been made but without finalization.  

 

 Failure to enact such a law would create a position in which any sentence could be imposed; and that offending the Judiciary is no longer a crime of contempt of court under the English Law.  Lord Salmon observed in AG vs Bbb (1981) A.C. 303, “The description contempt of court no doubt has a historical basis, but it is nevertheless misleading. Its object is not to protect the dignity of the court, but to protect the administration of justice”.

 

Lord Denning observe In R. Vs. Commr. of Police (1968) 2 QB 150 , “Let me say at once that we will never use this jurisdiction to uphold our own dignity. That must rest on surer foundations. Nor will we use it to suppress those who speak against us. We do not fear criticism, nor do we resent it. For there is something far more important at stake. It is no less than freedom of speech itself…All that we ask is that those who criticize us should remember that, from the nature of our duties, we cannot reply to their criticism. We cannot enter into public controversy. We must rely on our conduct itself to be its own vindication”.

 The Parliament, the judiciary and others concerned should take a fresh look at the law of contempt of court in the light of what we have said above, and propose

necessary amendments.

 

Former President pardoned, Rev Galabodaatte Gnanasara, who was jailed for ‘contempt of court’, for incumbent to appoint him to head Presidential Task Force to ‘study the implementation of, ‘One country; One law’.  Jude Jayamaha, who was sentenced to death for murder of 19-year-old Swedish girl at Royal Park Condominium was pardoned by Sirisena, his final notorious act on the verge of losing presidency. Ex President JR pardoned child rapist Gonavala Sunil, for Ranil Wickremesinghe to make him an All island JP.  Murder convict Duminda Silva was pardoned and appointed chairman of a Corporation. MP Premalal Jayasekara, another murder convict was allowed to attend Parliament. 

We are confident that the President would release RR as well, so that he can come out and scream, ‘Mung Okkoma Horu Malli’ referring to his 224 colleagues, before he accuses

anybody else.