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12th December, 2004  Volume 11, Issue  22

First with the news and free with its views                                     First with the news and free with its views                             First with the news and free with its views                                    

Issues

How JVP is helping form Eelam

By Vimukthi Yapa 

Given the government's preoccupation with the abolition of the executive presidency and the peace process being pushed to the back......

More...


 Top Issues Stories

> A guru's snatch

> JHU goes soft on fast unto death threat

> No toasts for new liquor law

> Law of the jungle

> Wimal trying to score brownie points (..........Pot Shot)


How JVP is helping form Eelam

JVP General Secretary, Tilvin Silva
and Norwegian Ambassador, Hans Brattskar

Tilvin Silva's letter to the Norwegian Ambassador

By Vimukthi Yapa 

Given the government's preoccupation with the abolition of the executive presidency and the peace process being pushed to the back burner, the LTTE is expected to give the government a deadline for the resumption of the talks early January.

This thinking of the LTTE is expected to be conveyed to Norwegian Special Envoy, Erik Solheim given the government's refusal to commence talks on the interim administration proposal despite an assurance by Velupillai Pirapaharan, the Tigers were prepared to consider the government's proposals on the issue at the table.

The JVP on the other hand has not only threatened to withdraw from the government if talks commence on the ISGA proposals but has also called for the annulment of the ceasefire agreement.

Simply put, the JVP wants to return to war since that would be the effect of annulling the ceasefire agreement.

This thinking of the JVP was made known to Norwegian Ambassador, Hans Brattskar in writing by JVP General Secretary, Tilvin Silva on November 12, with the facilitators told the government has no confidence in them.

The irony was, the JVP on the one hand accusing Norway of facilitating Eelam and on the other accepting cheques to the value of Rs. 11.1 million from Norway for cultural activity.

Furthermore, if the JVP truly believes Norway is facilitating Eelam through its role as facilitator, then the Marxists by keeping in office a government that wants the Vikings to continue as facilitators are also aiding and abetting the Norwegians to establish Eelam on behalf of the LTTE.

But such ironies are lost on the JVP with the public taken for fools as the parties in alliance continue to play politics at the expense of the future of Sri Lanka.

For the benefit of our readers, we reproduce today in full Tilvin Silva's letter to the Norwegian Ambassador, Hans Brattskar. 

The Ambassador of Norway in Sri Lanka
Royal Norwegian Embassy,
Colombo
 

Your Excellency, 

Thank you very much for your letter dated October 15, 2004. We are very sorry about the delay in replying.

We do not mean to belittle Norway, by pointing out that it is a relatively insignificant country in Europe, which shot up into sudden prominence after the United States decided to entrust it with monitoring the Israeli-Palestinian peace talks.

After the usual initial euphoria, which in effect was an image booster to the then US President and to Norway, the conflict still continues unabated to this day.

You are, no doubt, aware of Norway's close association with the LTTE, which resulted from the substantial expatriate Tamil community, sympathetic to the Eelam cause, resident in your country. It was, therefore, understandable that the LTTE insisted on Norway becoming the 'facilitator' in Sri Lankan peace process.

Further, it is noted that both the United States and the European Union too, actively backed you. In the circumstance, the Sri Lankan government had little or no choice in the actual selection of a facilitator for the peace process.

You are equally aware that although originally Norway was to function merely as facilitator of talks between the Sri Lankan government and the LTTE, your country, in fact assumed the role of arbitrator once the talks got underway.

It soon became evident to us that you had taken upon yourself the responsibility of directing the talks in accordance with a pre-determined agenda between the LTTE and your government.

The procedure adopted in regard to the signing of the Memorandum of Understanding (MoU) relating to the Cease Fire Agreement (CFA) in itself proved this beyond any reasonable doubt.

The MoU had first been signed by Velupillai Pirapaharan, totally ignoring the executive president of the sovereign state of Sri Lanka without whose concurrence the MoU ceases to be valid in law. Although Prime Minister Wickremesinghe signed it afterward, he had no authority to do so. The JVP has challenged the MoU before the Supreme Court of Sri Lanka. The Supreme Court is yet to hear the submissions by the attorneys-of-law.

The Norwegian government thus blatantly violated all norms of international practice and our weak-kneed Prime Minister, Wickremesinghe, hadn't the courage to resist this betrayal of trust. His well known policy of unlimited appeasement of both the LTTE and Western powers might have encouraged your government to act irresponsibly and even arbitrarily.

Yet, the people are aware of the actual circumstances under which the MoU came into being, and that regardless of its terms and conditions, the Norwegian led SLMM will see to it that, whether formal peace talks are on or off, the LTTE will utilise the MoU to achieve the following objectives:

1. Further strengthen its overall dictatorial hold on the civilian population of the Northern and Eastern Provinces.

2. Stifle its rivals and critics.

3. Widen and further consolidate its illegal administrative structure, which includes, taxation, already in place, in the Northern and Eastern Provinces.

4. Regroup its military cadres and equip them with the most modern weapons.

5. Take all steps necessary to formalise and further strengthen its relations with foreign countries and multilateral organisations.

Despite the fact that the LTTE unilaterally stalled the peace talks, nearly two years ago, it has accomplished all or most of these objectives during the last two years. And consequently, it is in a far more stronger position right now than at the commencement of the CFA, to take on the government of Sri Lanka military, if and when the need arises.

Yet another conspicuous achievement during this period in the LTTE's unprecedented headway made in gaining international recognition. These are no mean achievements for a terrorist outfit, especially at the present time when powerful Western democracies are united against terrorism.

It is our view as well as that of the vast majority of our people that these spectacular achievements were made possible directly by the Royal Norwegian government.

You cannot be unaware of the total loss of confidence by our people in your so-called 'facilitation' and that you have miserably failed to conceal the fact that all of your efforts in this country are directed totally and consistently towards the one objective of aiding and abetting the LTTE to realise its cherished dream of carving out a separate state of Eelam from the territory of the sovereign state of Sri Lanka.

The following unfriendly acts on the part of the Norwegian government as accredited agents have further exposed your country's duplicity and treachery:

1. The Norwegian military establishment had trained the LTTE's Sea Tiger Wing.

2. The Norwegian government officials often take part in Tamil Tiger propaganda fund raising meetings in Norway.

3. When the Tamil Sangam, a well known LTTE front organisation, had a propaganda meeting recently in Oslo, very high ranking officials such as the Prime Minister Mr. Bondevik, Local Government Minister Solberg, Lisa Golden of the Foreign Ministry and Erik Solheim had been present there. It is well know that this meeting was funded by the Norwegian central and local government institutions.

4. The Norwegian government had thus openly contravened the United Nations Resolution 1373 of 2001 relating to the suppression of terrorism.

5. Aiding and abetting Tiger terrorism in devious ways in the name of facilitating peace and thus white washing crimes against humanity including forced conscription of children.

We wish to conclude this letter with a quotation from Minister Ratnasiri Wickremanayake in his capacity as acting defence minister of Sri Lanka as reported in the Daily Mirror of August 24. It speaks eloquently and authoritatively of your role as facilitator in our country: "Acting Defence Minister, Ratnasiri Wickremanayake said yesterday that due to the ceasefire agreement the country had been divided into two states within one country hinting at the possibility of opting for a new facilitator to the peace process."

Addressing the security force personnel in the Wanni Army Complex, Mr. Wickremanayake said that though two parties had signed the agreement, one party has taken undue advantage and was involved in various violent acts in the recent past. The ceasefire has now become a one sided 'agreement' he charged. Accusing the SLMM of failing to act when one party committed a breach, Mr. Wickremanayake said if it continued, 'the government would consider another party to monitor the cease fire.'

It is needless to add that this statement amply demonstrates the total lack of our government's confidence in you. In these circumstances, a meeting with you at this stage will serve no useful purpose.

Thank You,

M. Tilvin Silva
General Secretary
Janatha Vimukthi Peramuna
November 12, 2004


A guru's snatch

WPC Dulanjali Rathnayake

Kishore Shasthri

By Kapila Punchimannage 

In this modern age, urban society is confronted by fast paced technological trends on every side and the emphasis on superstition and the supernatural have begun to fade even in a country as conservative as Sri Lanka.

Blind faith

But the series of incidents involving an Indian soothsayer hit home the point that even among the techno-savvy affluent class, there remains a degree of blind faith in the evidence of things not seen. 

 

Kishore Shasthri, a self-proclaimed astrologer/miracle worker, was arrested by the Slave Island police on Friday, December 3 on charges of sexual abuse of women following a dramatic undercover operation conducted by two female police officers.

Over the last fortnight or so, large advertisements appeared in several local newspapers, notifying the public of the advent of a famous Indian astrologer to Sri Lanka. 'Devotee of Goddess Durga' the headline of the advertisements read, followed by the name of Swamiji Kishore Shasthri.

Wonders of Swamiji

The advertisement went on to say that the Swamiji had come to Sri Lanka on the great demand by Sri Lankans and that he could look at a person or a photograph and predict the future. He could resolve health, marital and other issues miraculously, the advert said, also giving the address of a luxury residential complex where the Swamiji could be reached.

After the newspaper advertisement appeared, foreign and local visitors flocked to the apartment complex in the heart of Colombo, eager to have their fortunes read and futures secured. Among his team, which included the Swamiji and his wife, were two Sri Lankans as well.

The two locals have been identified as U. A. D. Amaratunga and Mohammed Abdul Rahim and their task was specifically to translate for the Indian astrologer. Apart from predicting futures, Kishore Shasthri was also professing to have expertise in miraculous poojas, which could also be performed at the venue.

Village kapuwas maintain that the results of such poojas can be observed in patients and those who have been possessed within seven days of the ceremony being performed. The Indian Swamiji's poojas also showed results in seven days - but the odd thing was that the results showed not on the patient or possessed person, but on the person who had made the offering for the pooja in the first place.

First tip

The police who received the first tip off first found out about these 'poojas' and 'offerings' from an Australian lady who had made a visit to the Swamiji. A complaint faxed to OIC, Slave Island Police Station, Champika Siriwardane said that in the guise of performing the poojas, the astrologer had touched the lady in inappropriate places of her body.

The astrologer had also performed various unnatural and vulgar acts during her visits. Having received this complaint, the Slave Island Police went about their operation to catch the fake soothsayer out in the manner of a detective drama being enacted.

The expose was to take place on Saturday, November 27. IP Susila Ranasinghe and WPC Dulanjali Rathnayake were assigned the roles of mother and daughter respectively in the undercover operation by OIC J. M. P. Jayalath. To assist them, IPs Jaufer and Sugathapala, also from Slave Island police were to visit the Swamiji before the two female officers went in. At the time of their appointment, Susila and Dulanjali walked in to the apartment and placed Rs. 1100 on the table as an offering to the astrologer.

The astrologer had then asked them whose future they would like him to predict. Susila, playing the mother, responded that she wanted to find out about her other daughter. The Swamiji informed Susila that her daughter had recently lost her job and that she was currently engaged in a garment business of her own. He also said that the young girl was carrying on a love affair with a man whose name had three Sinhala letters, the first one being 'L'. When the Swamiji asked the mother-daughter duo to tell him the boy's name, Susila responded that it was 'Lalith.' Kishore Shasthri then informed the concerned mother that 'Lalith' was a terribly poor young man.

Amidst protection

Turning to Dulanjali, the Swami said that she had a very bad apala and to remove it, she would require a pooja that would cost Rs. 35,000. Six days later, the two female police officers, undercover again, went to the Swamiji's apartment with Rs. 30,000 accompanied once again by the two male officers who were to give them some protection.

The two male officers stayed in the lobby while Susila and Dulanjali made their way to the apartment the Swami was staying in. When they entered Shasthri's apartment, there was another lady inside at a consultation and they were made to wait.

When their turn came, Susila and Dulanjali walked in and laid the Rs. 30,000 before the astrologer. Susila told Shasthri that she would pay him the remaining Rs. 5000 at a later date and send the money through her other daughter.

At the beginning of the pooja, Shasthri put Dulanjani's hand on the ground and began to slowly stroke it with his own hand. He is then reported to have handed Dulanjali two limes and asked her to write her own name and that of her lover on the two fruits and lay them down on the altar. He then handed her a piece of paper and asked her to write down her mother's name and her own, their dates of birth and places of birth as well as each of their birth times. Shasthri then tied red threads on the both the mother and daughter. He then instructed Susila to leave the room while he performed the pooja on her daughter and commenced his 'work.'

What was to follow would have been the climax if this had been a drama instead of an undercover police operation. Susila left the room and took a seat outside the door to the pooja room. As soon as she left, the Swamiji's two local associates also left the room.

Immediately after this, Susila heard Dulanjali scream and ran inside the room in time to remove her 'daughter' from the grasp of the fake astrologer. As planned, the two male officers who were downstairs ran up to the apartment and promptly arrested the Swamiji's associates. And that's how Goddess Durga's devotee from Karnataka, miraculous powers and all, ended up behind bars.

So many people came to see him - Manager of apartment complex 

"We didn't know anything about this person when he first arrived here. In any case, we don't concern ourselves with the personal lives of our customers. A few days after he arrived, we saw the advertisement about his services being on offer. We don't give our rooms and apartments out on rent for people to conduct businesses. So we asked him to move out immediately.

"Anyway, he had a lot of foreign and local visitors. It was only later that we found out that the police were trying to catch him as well."

We needed to catch him red-handed - IP Susila Ranasinghe 

IP Susila Ranasinghe who was one of the undercover agents in the operation to arrest the fake astrologer says that they first found out about their assignment after they received the fax from the Australian lady. "According to the complaint, the astrologer was taking females into his room and abusing them sexually. We needed to catch him red handed, that is why WPC Rathnayake and I went undercover. We were ready to face anything when we went in.

"Shasthri and the others had been in Sri Lanka for about one month and a few days. They had stayed at a different hotel before moving into the one we caught them in. They paid about Rs. 300,000 per month for their apartment.

"Local and foreign clients who had come to obtain his services had paid anything between Rs. 50,000 and Rs. 15,000 for his poojas. One Maldivian client complained to us that he had got Rs. 600,000 from him to perform his pooja. There are many others who have also been cheated by him. We would like to ask all of them to come forward with their complaints," IP Ranasinghe said. 


Wimal trying to score brownie points

The news that the opposition was preparing an all out war in parliament regarding the sentence on S.B Dissanayake reached the government ranks early on. It was Mahindananda Aluthgamage that first received the news about the opposition's planned uproar and he promptly informed Ports Minister Mangala Samaraweera about it.

A group of government MPs gathered together to discuss the issue. It was decided that the course of action to be taken would be discussed with Prime Minister Mahinda Rajapakse and even President Kumaratunga over the telephone.

When Aluthgamage called the President she said "If you make a stir as well, you will enable them to achieve their objectives. Just be quiet and let them do anything they want. Accordingly, Samaraweera and Aluthgamage instructed government MPs to remain calm and not react to the opposition outburst.

As soon as sessions commenced on the morning of Wednesday, December 8, UNP MP Mahinda Wijesekera addressed the house and launched a scathing attack on the judiciary. During his statement Wijesekera also requested the government to request the President to grant Dissanayake a pardon. To this request, Wijesekera got no response.

Springing to action, UNP MP T. Maheswaran descended into the well along with Indika Bandaranaike and lifted the mace. At the same time, Wijesekera too approached the chair and quoting sections and paragraphs of the constitution, requested the speaker to issue an order instructing that Dissanayake to be brought to parliament.

Since the uproar in the house had become uncontrollable, Speaker W.J.M. Lokubandara adjourned sittings and called a party leaders' meeting. Participating from government ranks were Premier Rajapakse, Chief Government Whip Jeyaraj Fernandopulle and UPFA Leader Ratnasiri Wickremanayake. For the opposition, UNP Deputy Leader Karu Jayasuriya and Chief Opposition Whip Mahinda Samarasinghe took part.

During the course of the meeting, opposition MPs took great pains to highlight that according to law, Dissanayake could be brought to parliament to attend sittings. They were insisting that the Speaker deliver an order to this effect. Opposition to this proposal from government ranks too was not forthcoming. They were insisting instead that since the budgets for various ministries had to be passed, the opposition should cease trying to hamper that process and let parliamentary proceedings go on as usual.

At this point, Samarasinghe said that if that were to happen, Dissanayake had to be brought back to parliament. Responding to this, Wickremanayake said "This is not a problem. We have no issues with Dissanayake being brought back. But now he is in prison, so let us do this in an organised way through an agreement."

Agreeing to this proposal, Samarasinghe and Jayasuriya immediately informed UNP Leader Ranil Wickremesinghe that a letter should be submitted by Dissanayake asking to be allowed back to parliament. Between this time, they would allow the government to pass the budget votes, Samarasinghe and Jayasuriya informed Wickremesinghe.

An opposition representative was then immediately dispatched to collect a letter to this effect from Dissanayake. As soon as this representative left, a journalist working from the Opposition Leader's office in parliament conveyed this news to the government. Immediately calls were placed to President's House and through them to the Secretary to the Justice Ministry in the hope of disrupting this plan. But by the time the Secretary called the Prisons Commissioner and issued instructions, everything had already happened. By the time the letter was on its way back to parliament, things in the house had gone from bad to worse and the topic had turned to an even more heated one.

Going up to the chair, JVP MP Wimal Weerawansa and Aluthgamage began to shout that a no-confidence motion should be brought against Speaker Lokubandara and that signatures for this motion had to be collected immediately. Picking up a blank sheet then and there, Weerawansa proceeded to walk around collecting MPs' signatures. He first went up to Tourism Minister Anura Bandaranaike who signed the paper. Next he went up to the Prime Minister who said to him, "I can't sign this the way I want. I will have to consult with the President first."

At this point, Lasantha Alagiyawanna who is a close confidant of President Kumaratunga called the President and informed her of what Weerawansa was doing inside parliament. The Deputy Minister informed the President that this would look like another of the JVP's cheap publicity stunts to the people. He also informed Kumaratunga that Aluthgamage was going around collecting signatures saying it was being done on the President's orders.

Losing her cool at Alagiyawanna's statements, Kumaratunga asked the Deputy Minister to put the Prime Minister on the phone immediately. By this time, Rajapakse was engaged in a discussion with the Speaker, trying to figure out a way in which to resolve the issue. Alagiyawanna handed his mobile phone to Rajapakse and asked him to speak to the President who was on the other end of the line.

"What is happening there," the President asked Rajapakse. "I don't know anything about this. Weerawansa is going around collecting signatures saying these are your orders. Did you ask him to do this?" the Premier responded.

Even more incensed, Kumaratunga shot back " That Wimal is a crook. Our rogues are also joining in his little games to score brownie points. I will talk to them and tell them that the no-confidence motion will be brought at a time I stipulate and not at the time they want it."

Rajapakse at this point informed the President that he was near the Speaker and asked her to speak to him as well and handed Lokubandara the mobile phone.

Lokubandara is adept at calming stormy seas with his manner. "Ayubowan, Madam President. May you live long, Honourable President. Are you well?" the Speaker asked Kumaratunga.

In response, Kumaratunga inquired of the Speaker what was taking place inside parliament. "You don't worry about these things and trouble yourself. You go on with your own work, I will look after parliament," Lokubandara replied. He advised her not to spend her valuable time worrying about what people tell her and assured her that as long as he sat on the Speaker's chair he would not put a toe out of line with tradition and the rule of law. "You have given us a calm and collected Prime Minister, Madam. Just like you, he also is very intelligent. So don't worry about any of these things, I will go on with my work," Lokubandara said, hanging up.

Calling a meeting of government parliamentarians soon afterwards, Rajapakse informed them that the no-confidence motion would be brought at a time specified by the President and added that she had instructed that everyone be kept informed about this.  

Not the end of S.B. but the end of CBK - Ranil

While Dissanayake was busy being crowned the King of Welikada, UNP MPs who were shocked by the news flocked to the office of UNP Leader Ranil Wickremesinghe and started to create a stir. Some parliamentarians suggested that the party take to the streets while others wanted to kill and be killed for Dissanayake's sake.

"If they have already got Dissanayake, the next to go will be you! So let's get millions of people out into the streets of Colombo," the MPs urged Wickremesinghe.

After hearing all these options out over the period of about a hour, Wickremesinghe in his usual unperturbed style began to speak. "Today the planets did not change for S.B. They changed for Chandrika. Don't get worked up. Go out on to the roads and see. Today S.B. has become a hero among the people. Chandrika's intention was to put S.B. behind bars for robbery and corruption for him to suffer humiliation. Instead she has turned him into a hero. Even if Chandrika's mother and father return from their graves, they cannot break the UNP," Wickremesinghe said.

Wickremesinghe then took Mahinda Wijesekera and Professor G.L. Peiris into his office for further discussions as to what the UNP's action plan should be. Wijesekera was appointed pilot of the project to counter the attack on Dissanayake. Wickremesinghe also instructed Wijesekera to commence the battle that very day inside parliament.

Entering during the course of this meeting, UNP Deputy Leader, Karu Jayasuriya, Chief Opposition Whip, Mahinda Samarasinghe and UNP Chairman Malik Samarawickrema joined in making several crucial decisions. The meeting lasted about two hours and resulted in raising the confidence and spirit of organisers and party supporters.

Rising to leave at the conclusion of the meeting, Wickremesinghe said "I thought Chandrika would give me just an ordinary prisoner. Instead she has given me a political prisoner. She doesn't realise how difficult it can be to contend with a political prisoner."

Unknown to anyone, Wickremesinghe got into his official vehicle and instructed the driver to take him to Dissanayake's residence down Rosmead Place. Having got caught to a huge traffic jam near Museaus College, Wickremesinghe asked the driver how long it would take them to get out of the block. "a long time, sir," the driver responded, at which Wickremesinghe got out of his vehicle and walked the rest of the way to Dissanayake's house.

As he entered the house, he was greeted by a weeping Tamara Dissanayake, the MP's wife, who held Wickremesinghe's hands as she cried. Responding with utmost calm, Wickremesinghe comforted Tamara saying, "Don't worry about anything, Tamara. Everything that has to be done about S.B. we have already decided to do. Be patient, we are doing everything we can to get him out." As he was leaving Dissanayake's house after comforting Tamara, Wickremesinghe's official vehicle had just arrived outside.

Budding authoress

While it is the custom for the issues that come up at heated cabinet meetings to fizzle out over the next few days, last week's full blown battle between the JVP ministers and President Chandrika Kumaratunga which resulted in a vote being called on the education reforms proposed by Kumaratunga showed no signs of dying down as quickly.

The very next day, President Kumaratunga summoned a senior ministry secretary, a presidential advisor and two of her closest confidants for a discussion with her at President's House. The meeting centred around the fact that Kumaratunga had planned to write a book detailing incidents from the moment JVP Founder Rohana Wijeweera gave the orders at a politburo meeting for Vijaya Kumaratunga's murder upto the point at which the assassins shot at her husband killing him.

Getting emotional during the discussion, the President said that of all the JVP's killings, it was the slaying of Vijaya that had hit closest to home and greatly affected her life and that of her children.

"Today most people have forgotten that the JVP killed Vijaya. On his death anniversary, state media carries old film clips and songs by him and then they forget all about it. Children who were mere toddlers when Vijaya was murdered are now adolescents and they know nothing about Vijaya Kumaratunga. So before I give up the presidency, I have a duty to my children to reveal the truth about who killed Vijaya and how it was done, so I have to write this book," President Kumaratunga explained.

Elaborating Kumaratunga said: "My hands are tied. I can't expose this via the state media because I am part of this government and it will cause problems for the alliance if I do that."

The President issued instructions to those present to obtain all the necessary reports and documentation from the CID and the National intelligence Bureau and all evidence gathered by the commission to probe Vijaya Kumaratunga's murder and make all the necessary preliminary arrangements to publish the book.

"Get all the information and come to me with it. I have information about his killing that even the CID doesn't have. I will add all that in the book," she said in conclusion. 

Anti-climax in cabinet

What with the S.B. bomb exploding, not to mention the previous week's fireworks in cabinet, everyone expected this week's meeting on Wednesday (8) would be full of conflict once more. Oddly though, things proceeded as usual with the President presiding over the meeting.

Addressing the issue of Upcountry Development Minister D.M. Jayaratne after going through the cabinet minutes, Kumaratunga said that she would see to it that Jayaratne is allocated all the funds he needs to make sure that development takes place in his areas. At the President's words, the cabinet of ministers applauded.

The next problem that was to come up was put forward by Minister Jeyaraj Fernandopulle who said that the JHU was applying pressure that liquor outlets near schools and temples be shut down. Responding to this, President Kumaratunga said that it was very important to find out how much revenue the government would be losing from such a move.

Fernandopulle played the losses down saying that since hardly any supermarkets were purchasing liquor licences anyway, there would be no significant losses.

Finance Minister Sarath Amunugama however disagreed saying that such a move to shut down bars and cancel supermarket licences would result in tremendous losses to government revenue. Since his budget proposals were structured based on the revenue flowing into the Treasury, he could not take responsibility for the loss of revenue if such a move was implemented, he said. Dr. Amunugama added that buying liquor at supermarkets had become a common practice and such stringent measures would result in people being afraid to sell liquor at all.

The President agreed and it was decided that the matter had to be studied further before it could be approved.

Rohitha Bogollagama who had had a baptism by fire at his maiden UPFA cabinet meeting, did not have a much better time last Wednesday. He submitted his very first cabinet paper last week about opening up a leather factory in Hambantota. President Kumaratunga however rejected the idea outright, saying it would not bring revenue to the government or create any significant number of jobs.


JHU goes soft on fast unto death threat

By Dilrukshi Handunnetti 

Following the government's positive response to three out of four urgent demands made by the Jathika Hela Urumaya (JHU), a fast unto death by the saffron robed scheduled for today (12) has been called off. 

Chief among the four demands was the immediate appointment of a commission to probe the death of Ven. Gangodawila Soma Thero who passed away in Russia exactly one year ago.

Following a letter sent by Vice President, JHU, Ven. Dr. Kotapola Amarakitti Thero to President Chandrika Kumaratunga on December 3 issuing her an ultimatum, a commission headed by Prof. Mendis Rohanadheera has been appointed last week to probe Soma Thero's death and a full report has been promised in three months.

However, delivery appears difficult on the other three issues. When queried about the broad pledges given to the JHU, Vice President, UPFA, Susil Premajayanth said that it was not an attempt to quieten the monks or to prevent political embarrassment to the UPFA but the pledges were made because the UPFA felt the same way about those demands.

The other demands are the immediate closure of all liquor shops and the prohibition on issuing new liquor permits, stop the launching of two online lotteries and the most difficult of it all - the presentation of the JHU's bill against unethical conversions as a government bill - a position that the government is reluctant to adopt.

But this does not irk the JHU that is currently happy with the commitment shown by the UPFA. However, Ven. Dr. Kotapola Amarakitti Thero speaking to The Sunday Leader said that the JHU would remain observant of the follow up action and would not fall victim to attempts to eyewash. " The key issue was the commission to probe the thero's death and we know other matters would take time. We will closely watch the government and keep reminding that promises are meant to be honoured," Amarakitti Thero said.

According to the government, the difficulty in cancelling the online lotteries has been explained to the JHU. If cancelled, the Sri Lankan government will be made to pay some Rs. 100 million by way of settlement which would also involve a tedious process.

Last week, Prime Minister Mahinda Rajapakse has reportedly responded to the lottery issue at a public meeting and castigated foreign companies for wanting to desecrate the indigenous culture of Sri Lanka by introducing modern gambling methods.

It is learned that Rajapakse has claimed that some of these companies were not even welcome in their own countries and has called for collective action to protect the culture from these corrupting foreign influences. However, there was no explanation given as to how the lotteries were introduced to Sri Lanka in the first place if the government felt so strongly about it.

Responding to our query on the online lottery issue, Commerce and Consumer Affairs Minister Jeyaraj Fernandopulle said that a decision couldn't be taken by a single political party concerning such matters.

"We require to have a national policy with regard to such matters and there should be all party consensus so that a decision could be reached," said Fernandopulle, adding that a cancellation of the newly launched online lotteries would prove a burden on the exchequer as the companies have to be compensated.

Ven. Kotapola Amarakitti Thero too agreed that an adhoc decision could not be taken. "We wanted a firm undertaking on these three issues. Of course it requires consensus and the will to remain committed to a country without gambling opportunities, the thero explained.

The same goes for the closing down of liquor shops. According to the government, liquor and tobacco sales are two key sources of income for the government and it has been the policy of all governments to issue a certain number of liquor licences annually during the past two decades.

" It is difficult to suddenly turn back the clock. They are the livelihood of so many thousands as well, so all that has to be considered before closing down all liquor outlets," explained a senior official from the Policy Planning Ministry.

"The government policy however is not to issue further liquor licences," said Minister Fernandopulle. He added that the country's culture was such that a surfeit of liquor shops would affect its identity.

" It was the UNP that started this liquor permit issuing business. That was the way to make their lackeys happy and to reward them after coming into office. Then it gradually became a policy of sorts to issue a certain number of permits annually and how to stem the flow is our problem," he said, stressing that the government was firm on its commitment to stop issuing licences in the future.

However, the government is not willing to accept the JHU on its final demand- to present the JHU proposed Anti Conversion Bill as a government bill. "The Supreme Court has given a ruling on a previous bill and if at all, it is best presented as a private members' bill by the JHU. We have done our best to accommodate the demands of the monks and would not want to embarrass Buddhism and Buddhist monks by making themselves launch fasts unto death in order to be heard by a government. We are willing to accommodate their views, but the last demand is outside our ambit," said Susil Premajayanth.

The JHU for its part claim that they would monitor the progress on the other three demands. " If they drag their feet on the commitments made, then we will have to renew our call for agitation," said Ven. Dr. Kotapola Amarakitti Thero, adding that the creation of a dharmarajya or a righteous society was also the duty of the state.


No toasts for new liquor law

By Ranee Mohamed and Shezna Shums 

A decision to give the kiss of life to an Excise Ordinance of the 1980s has created a cocktail of confusion and concern among entertainment circles.

Management and members representing hotels, restaurants, bars and clubs are trying to look for loopholes in this law or obtain 'special permission' in a bid to carry out their day to day business.

The law requires that all sales of liquor be stopped from 11 p.m. anyday.

"The country is booming with tourists right now and this decision will hamper the industry and also encourage only up market tourists who can afford to stay and drink in hotels rather than go to the clubs and bars in Colombo. This is a decision that is going to take us backwards, not forwards," said Chairman, Clancy's, Jeffrey Fernando. "I have a staff of about 70 people and this decision will affect these employees and over 5,000 clients who come to the club," he pointed out.

Stupid law

Meanwhile, concern raged on among members of the leading clubs in the city as to how they can implement this '11 p.m.' law and still be in business.

The bar secretary of a leading club in Maitland Place, Colombo 7 said that members come into the clubs at around 8.30 p.m. "To finish at 11 p.m. makes no sense, besides to finish at 11, we have to start closing down by 10.30 p.m. The law uses the same brush on everybody. The law that applies to public bars applies to us all and bars chuck everybody out at a given time and close the doors. Does this mean that we are expected to chuck out all our customers at 11 p.m. and close the door even though they may be having their dinner or a soft drink?" he asked in exasperation.

"Members can go home and drink, but what about the tourist? Where will he get his drink. This is the beginning of another trend - people will look for ways out of this ban. We may be able to see kiosks - mobile kiosks that will take the customer for a ride and for a drink," he pointed out.

Good for Pettah

Several members of leading clubs in and around Colombo said that this is an infringement on their rights. "This law is good for bars at bazaar areas of Pettah or Maradana where people drink and create problems and become a nuisance on public transport. This is like having a principal looking over you. How can they tell adults what to do and at what time to do it?" they asked.

Meanwhile, it is learnt that the managing committees of leading clubs in Colombo are expected to sit at a committee to discuss the issue of the ban of liquor sales at 11 p.m.

Secretary, NCC, Camillus Abeygunawardene said that an action committee of the clubs will seek to make representations to the Finance Ministry and the Excise Commissioner for clubs to be identified as a different category.

"We do not want to be treated as mathpan hal. We are clubs meant for 'members only," he pointed out.

General Secretary, CR & FC, Jehan Canagaretna said that the CR & FC will not be affected by this law because they are a sports club, but went on to say that this law is not practical. "This law will not affect us because our club closes at 11.30 p.m. anyway. But laws of this nature will affect tourism at some stage. Many tourists come to Sri Lanka thinking that this is a liberal country. If this is about curbing drunk driving, then closing down at 11 p.m is not the way to do it," observed Canagaretna.

Meanwhile, President, Tourist Hotels Association of Sri Lanka and Managing Director, Aitken Spence Hotels, Malin Hapugoda said that this 11 p.m. decision will definitely affect tourism. "The government must amend this law in keeping with the tourism requirements of the present day," said Hapugoda.

Technical offence

He went on to stay that the government should have sep- aratly considered where tourists and locals can be served alcohol and at what time. He said that a large number of complaints are received from guests when alcohol is not served on Poya days.

Managing Director, Sopranos, Dana Foster said the decision will adversely affect business. "In a karaoke business, the guests arrive sometimes after 11 p.m. Or even later during weekends. What will this law do to the revenue. This will affect not only our customers, but our profits and our employees," she pointed out. "If this decision is made in order to curb crime, the authorities must be aware that crime now will start much earlier," she said. "I barely survive with the business these days and we do not make millions. We depend much on foreigners and their usual clients, but now this decision will affect our revenue, tourism and even employment," she said.

While hotels, clubs and customers criticised the government's 11 p.m. deadline, the Excise Department continued steadfastedly, making preparations to implement the law.

In accordance with the gazetted Excise Ordinance Notices, Excise Notification No. 975 dated Wednesday, May 11, 1980 lists the establishments and the times they are allowed to serve alcohol.

Commissioner, Excise Department, P. E. Bandara said that it will be a technical offence to serve liquor at a forbidden hour. "The fine for such an offence would vary, depending on the place and circumstances and this fine could go up to Rs. 500,000," he said.

Cannot cancel licence

He pointed out however such a breach of the law will not make it possible for the department to cancel the licence. "But if they do continue to serve liquor regardless of the previous fines, then they can be taken to courts," he said.

"At the time of renewal of licences all fines will have to be paid," he pointed out.

The Commissioner went on to say that: "Following instructions from the Presidential Secretariat we have increased our night raids to two per week during the last three weeks and there have been around 40 detections made where alcohol was served after the permitted hour," said Commissioner Bandara.

The Commissioner went on to say that the decision was made in order to curb the increasing crime rate in the country.

Excise Department sources state that the supermarkets and wine stores can sell alcohol from 8 a.m. to 9 p.m., restaurants and clubs will be allowed to serve alcohol from 11 a.m. to 2 p.m. and then again from 5 p.m to 11 p.m. Hampers too, containing bottles of liquor are prohibited from being sold and if so done will constitute a viable offence.

"What about the pubs in the five star hotels in the country. Are they expected to close down?" asked a frequent visitor, who said that he does not go to the club to get 'drunk' but to relax over a drink.

However, officials from the Bloomfield Club as well as the Premasiri Supermarket welcomed this law, pointing out that it will stop people from buying alcohol late in the night and drinking on the roadside.

1,032 licences have been given to supermarkets, wine and beer stores, 534 licences have been given to tourist hotels, 88 cinemas have been issued with licences and 525 restaurants, 55 rest houses, 80 sports and social clubs have been issued with liquor licences. 233 beer only licences have been given to shops and wine and beer licences issued have totaled 231.

Complete halt

Meanwhile, Ven. Omalpe Sobitha Thero of the Jathika Hela Urumaya (JHU) said that they will continue to call for a complete halt of liquor sales in supermarkets.

"Liquor will destroy our society. But today one can walk into a supermarket and purchase a bottle of liquor just as easily as one would buy a bottle of orange juice or apple juice. You can walk in decently, like a mahathaya and buy a bottle of arrakku. Even school children can do it," he said. He said that it is not as pointed as walking into a tavern and buying a bottle, that it can all be done so "decently" today.


Law of the jungle

By Dharisha Bastians

The murder of Judge Sarath Ambepitiya last month shook a nation prone to lethargy and amnesia when it comes to issues of national importance. And while the respected judge's death sparked several knee-jerk reactions from the government, including the reintroduction of the death penalty for the second time since 2000, and made the public sit up and take notice, it is no secret at all that the law and order situation in the country in general and the capital Colombo in particular has been deteriorating rapidly in the last year.

Sharp increases

Islandwide, the figures of homicide, rape and other serious crimes have shown sharp increases and in Colombo city, the problem of underworld killings and contract murders have become a constant headache for law enforcement authorities. To date, there have been 81 murders within Colombo city limits, as against 76 during the whole of 2003, with most of the killings being reported from the Pettah, Maradana, Keselwatte, Borella, Wellawatte, Kirulapone, Grandpass, Modera and Kotahena areas, according to records maintained by the Colombo Crimes Division (CCD). According to these figures, between October 31 and December 8 this year alone, there have been 13 cases of homicide reported.

But apart from murder and rape, the issue of vehicle theft and hijacking has become a primary concern in Colombo and the suburbs. With the signing of the ceasefire and the opening of the A9 highway linking the south to the Tiger-held Wanni and also the Jaffna peninsula, a lucrative market for stolen cars opened up. The tracking down and recovery of stolen vehicles becomes virtually impossible once they reach rebel-held areas, says Director, CCD, SSP Sarath Lugoda. "Although civilians can go into those areas, a policeman cannot, so inquiries cannot be carried out there," he said.

So common is the phenomenon of car robbery that while SSP Lugoda was being interviewed by The Sunday Leader about the problem, he received a call notifying him about a car that had been stolen in Pettah a short while before. "A lady had come to Pettah to buy fish and left the vehicle with the driver. When she came back both the vehicle and the driver had gone missing," Lugoda said adding that it was difficult to say whether the driver had been abducted along with the vehicle or whether he had driven off with the vehicle himself.

Vehicle theft

In Colombo city, there have been 232 cases of vehicle theft reported so far, as against 262 cases reported in 2003. According to SSP Lugoda southern criminals are in contact with their counterparts in areas of the north and vehicles stolen in the south are then taken into LTTE controlled territory along with forged documentation and sold to civilians and the Tigers themselves at very low prices.

"It is these luxury vehicles in which the LTTE is moving around. Most of them are Monteros, Pajeros and pick-ups," SSP Lugoda said. He added that in the recent past, checking at the last government controlled town of Omanthai in Vavuniya had become more thorough and as a result, the Vavuniya SSP had recovered several vehicles at this point. "The thieves sell the vehicles and hitch rides back to the south. It is difficult to inquire thoroughly since then there are allegations of harassment of civilians against the police," SSP Lugoda explained.

Meanwhile, the streets of Colombo remain deadly at night. Mugging at knife point occurs a mere 30 metres away from policemen standing guard over lonely areas of Colombo's suburbs. A victim of such an assault on Wednesday, December 8 in Madiwela said that he and a friend had been waiting for a ride after having car trouble in the area when they had been attacked. He said that four masked men had come up behind them, held a knife at the throat of one of his friends and demanded they hand over all their money and mobile phones.

"One of them hit me over the back of the head and my legs just buckled under me. When I turned around there were four men behind us and one of them had a knife to my friend's neck. We gave them our mobiles and wallets and then they ran away. We walked up to the police officers who were about 30 metres away and asked them if they could help us and their only response was "we didn't see anyone go this way. This kind of thing happens here a lot, that's why we keep saying don't hang around." So we didn't even bother lodging an entry with the police later," the victim of the attack revealed.

And while gala openings of urban waterfronts are attended by the highest politicians in the land amid much fanfare, these same leaders remain unperturbed at what is a rapidly collapsing law and order situation in the very same city, not to mention the rest of the island. Last Tuesday, when a private television channel hosted a debate on the topic of the collapse of law and order in the country, no representative from the government turned up. Despite the production team's repeated calls to both the SLFP and the JVP even during the programme, the two seats reserved for UPFA members remained vacant throughout the debate.

Lack of confidence

Speaking at a symposium on the rule of law and public confidence in the judiciary recently, Chairperson, Human Rights Commission of Sri Lanka, Dr. Radhika Coomaraswamy said that the crisis of impunity, or the ability of various sections of society to be above the law was as much to blame for the collapse of the rule of law in the land as is the lack of confidence in the judicial process. With politicians in league with prominent underworld figures and senior police officials being found to be liaising with hardcore criminals, public faith in the law is likely to deteriorate as rapidly as the law and order situation in the country.

Attempts made by The Sunday Leader to contact Secretary, Public Security Ministry, Tilak Ranaviraja for comment failed.

Vehicle robberies continue 

On October 10, the son of Managing Director, Event Productions, Roshan Wijeyratne went for his tuition class as usual. He was driven there by a driver in Wijeyratne's Honda Civic. Waiting for the little boy to finish his class at Right Circular Road behind the parliament car park the driver was parked outside. At about 5.45 p.m. three persons had walked past the car and asked the driver for directions to a particular road. When the driver responded that he did not know, they assaulted him. The assailants then carried the driver and put him on the ground near the rear seat. Two men got into the rear and put their legs on him while the other had driven the car.

The driver had indicated to the thieves that he could not breathe, to which one of them responded that they should kill him. The assailants had been communicating with each other in Sinhala and Tamil. They had dropped the driver off down a lonely road behind  parliament, close to the Jayewardenepura Hospital Road and instructed him not to get up for one hour, saying that their goons keeping watch in the area would kill him if he did. Twenty minutes after his attackers left, the driver got up and walked to the top of the road and got a lift to the Maharagama police station.

Wijeyratne's driver is 70 years old and although he was not injured in the attack, he was in shock for some time after the incident. "I have made an entry at the Thalangama police station the same night but have not had any news since then. According to the police station there have been around 20 vehicles stolen this year within their area and last week alone four vehicles had been stolen," Wijeyratne told The Sunday Leader

He added that the country was in a state where we have to now live in fear in our own homes or whilst travelling. "I will never be at ease when I send my wife and kids out even with a driver. The ministers and politicians are not worried as they have their escort vehicles and security. But what about the innocent citizens who cannot afford the security and have to go about doing their day to day work?" he said.


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