‘Variants’ - NCM, sexual abuse, homicide, teacher-principal acrobats and KDU

The Delta variant is on the verge of going out of control. The 24 letters in the first alphabetic script in history, the Greek alphabet, used to denote Covid-19 variants, will not suffice to name fast spreading inimical Sri Lankan ‘Viruses’; considering the growing protest ‘clusters’ created by the on-going teacher agitation campaigns and the government’s irresponsible attitude in not settling their purportedly rational demands on the issue of salary anomalies, et al.  The SJB protests over the failed ‘No Confidence Motion’ [NCM] in protest of the fuel price increases, deserves the accolades which they gathered in meager numbers [perhaps with a decline in support base], as a consequence of the downright failure of the NCM and the unexpected and undeserved strengthening of the 2/3rds majority through it. 

Up to the time of writing, the learned Minister of Education, G.L. Peiris, appears to have failed to make any realistic effort to look into the long delayed settlement of the Teacher-Principal issue [TU leaders say the issue remains unsolved for 20 years], while his colleague Bandula Gunawardana, the outspoken [‘out-of-turn’?] minister, was quoted as stating that any salary revision meant an additional tax burden on the public! The pair helped SB to topple CBK’s government in 2000, and accepted portfolios in RW’s 3 ½ yr rule, before completing the double-cross and leapfrogging back to the PA.  The government’s procrastination on the matter not only causes untold misery to the student population but also severe embarrassment to the large majority of this highly prestigious profession, in the face of their little ‘puthas’ [the affectionate term of addressing the students]  whom we watch on TV parading on the streets. The strong claim that there is no ‘National Policy on Education’ appears to be ignored by successive governments as well!

"While we respect anyone’s right to peaceful public protest, the state should dissuade protestors who do not understand the rights of the vast majority of non-protesting, but suffering masses, from misusing their right for peaceful movement, as well"

Last week, a few of them were seen attempting to forcefully break open the gates at Isurupaya, while someone in a ‘shirt and tie’ [a school principal?] was seen climbing the 10ft-gate and ‘horse riding’ on it, with his right leg on the Isurupaya side and the other towards the 174 bus route, for a grade three student to yell, ‘anna apey loku sir’, (“there goes our Principal”). Surely he cannot be a pole-vaulter, for pseudo-PVs are usually found in Diyawanna; but presumably, a Gymnast. Two days later, they took the law into their own hands at President’s office premises [taking advantage of president’s leniency?], preventing visitors entering the place. Unfortunately, they also stooped down to do mean things such as attempting to deflate the tyres of vehicles; fortunately we have not heard of any grade-three kids identifying the ‘teacher’ responsible. 

While we respect anyone’s right to peaceful public protest, the state should dissuade protestors who do not understand the rights of the vast majority of non-protesting, but suffering masses, from misusing their right for peaceful movement, as well. 

Rape /Murder/Homicide: Premawathi and Ishalini - 50 yrs apart

The victim, Ishalini, a resident of Diyagama in Agarapathana had been brought by a broker to MP Rishad Bathiudeen’s residence in October 2020, when she was just 15 years old, and after allegedly being sexually abused multiple times, was claimed to have self-immolated, and subsequently succumbed to burn injuries, reminding of Premawathi Manamperi, the Kataragama beauty queen, raped and murdered exactly 50 years ago. 
This incident directs us to contemplate on the inadequacies in law relating to such homicidal acts. Let me quote an excerpt from our column titled “Lacuna in Law Causing Grave Injustice: Kotelawala ‘Homicide’ Perpetrators Got away with Impunity”-DM: Feb. 3, 2021….

‘…an accused was compelled to seek the help of a lethal dose of arson to end his life to avoid facing a grueling situation of execution, was emerged during a 115 year old murder trial…. John Kotelawala was getting dressed to go ashore when Police arrested him …for the relatives to respond promptly, but bail was not granted….putting pressure on authorities against the suspect, the Law enforcement authorities had an axe to grind with accused Kotalawala too. They were all out to ensure the execution of the ex-policemen.  During the trial John committed suicide.  The letter addressed to his wife, sister of slain Francis Attygalle he wrote…

April 20, 1907 - My dear wife,
I write this to bid you and others good bye. The case against me was strong, though I have not instigated anyone to murder Francis. All circumstances unfortunately go to prove that I have done so….. I see I have no chance; the government and my enemies are determined to see that I am hanged. They are doing all mean things to gain that object. ….. I find useless to expect any hopes. It’s good for me and everyone who cares for me that I should take this step under the circumstances.  …. Bidding you, children, parents …good-bye and wishing you all happiness. ---Your loving husband, - John Kotalawala.’ 

There were hardly any reliable facts to conclusively prove Kotalawala’s involvement in the crime.  …The entire gamut of parties involved in the case, the investigators, and prosecutors were highly prejudiced. …In 1907, all legal and non-legal participants in the matter joined hands with a common objective to ensure that John Kotalawala, [the father of former Prime Minister (1953-1956), who donated acres of land and his mansion to the defence authorities to set up the currently in news Kotalawala Defence University -KDU] is dispatched to the gallows. Isn’t this ‘culpable homicide not amounting to murder’ where the culprits got away with impunity? Aiding and abetting is a legal doctrine related to the responsibility of someone who incite, aids, or encourages another in committing an offence or in another’s suicide. The law, it is observed, exists in a number of different countries and allows a court to pronounce one guilty of aiding and abetting even if they are not direct offenders.
Ishalini was driven and compelled to act in this horrific manner—her death is not suicide; obviously it is homicide! The perpetrators should be charged for homicide if not murder, if justice is to be served. 

73 years of No–Confidence Motions 

In a legislature supposed to comprise representatives of the public, [with a fair number of rejects included though] their vote provides us with an opportunity to determine the opinion of the public at any motion or new legislation tabled for debate.  In the past seven decades, there had been three NCMs against Prime Ministers; 23 against various governments, 14 against ministers, six against Speakers and one against an opposition leader and an unprecedented NCM against chief justice Shirani Bandaranayake. In April 2018 there was a NCM  against the then PM Ranil Wickremesinghe, over his alleged participation in CB bond scams and collapse of law and order when ‘Sinhala-Buddhists’ attacked the Muslims in Ampara and Kandy.  It was defeated by the UNP-SLFP government by 46 votes. That was the third NCM against a PM, the first two being, SWRD Bandaranaike, in 1957, and his widow Sirimavo Bandaranaike, 23 years later [both being defeated]. 
However, for the government, winning back the confidence of people is more important than winning a 2/3rd in Parliament.

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