Mishandling by Govt. puts

Thursday's Pepiliyana attack on Muslim business house outrages Hakeem, SLMC holds emergency meeting to review ties with UPFA CJ 43 Shirani B chief guest at BASL convocation; CJ 44 not invited; lawyers send strong message Govt. mending ties with India post

The National New Year is only two weeks away. For most Sri Lankans, the countdown for the season has already begun. Small time business outlets and larger outfits are recording a gradual increase in customers though shopping fever is still to reach peak levels

Yet, for the UPFA Government, it is no holiday. Troubleshooting on many fronts remains high priority.This is notwithstanding the outcome of the second US-backed resolution adopted at the UN Human Rights Council sessions in Geneva just nine days ago. That drew considerable attention not only of the Government but also of most Sri Lankans. The reverberations it caused continue to echo in the different capitals of the world, including Colombo.

On Friday, Justice Minister Rauff Hakeem telephoned President Mahinda Rajapaksa to urge him to summon an emergency meeting of the Cabinet. The cause for this request was the attack on the head office and storehouse of an apparel outlet chain. It is owned by a Muslim. Rajapaksa said it was not an attack that was directed per se at Muslims but one triggered by events following a personal relationship between a Muslim youth and a Sinhala girl. It had centred on claims by the girl that she was raped. Later, Police inquiries revealed that this incident had no connection to the attack. Sources at 'Temple Trees' said a heated argument ensued between the President and Hakeem. Hakeem was complaining he had lost face with the Muslim community.

A.R.A. Hafeez, Media Consultant to Minister Hakeem and his own brother, issued a strongly worded statement. Some of the references in it were also repeated by the Muslim Congress leader when he addressed a meeting at Katugastota on Friday afternoon. This is what it said:

"The Leader of Sri Lanka Muslim Congress (SLMC) and Minister of Justice, Rauff Hakeem, has requested His Excellency the President Mahinda Rajapaksa to convene a cabinet meeting to discuss the rising religious unrest and civil disturbance in the country.

"Minister Hakeem has also contacted all the Muslim parliamentarians including Senior Minister A. H. M.Fowzie (who is currently out of the country) and Hon Ministers Rishard Bathiutheen and A. L. M.Athaullah for the meeting, with this regard.

"The Minister wishes to take this opportunity to record his patent displeasure and condemnation on the attack on a private business site, last evening. He believes that this was seemingly carried out as a sequel to the on-going attacks on the religious places and hate campaigns against Muslims and other religious minority communities in the country. As such, Minister Hakeem says he is constrained not to treat this as an isolated incident. He is equally dismayed at the ineffective response of the law and order machinery in containing the spread of such violence and unrest that fuels insecurity and peace of all minority communities in Sri Lanka.

"He says that we believe that the 30-year civil unrest, violence and bloodshed confined to the war front of the North and East is over. What we are now witnessing is unrest and violence extended to the rest of the country too, threatening post-war religious freedom with the potential to lead our multi-ethno-religious communities to irreversible depths of antagonism once again. The President and his powerful good office that contained violence and bloodshed of the past, he believes can and will waste no time in curbing such violence too, by nipping it in the bud.

"The Hon Minister stresses that the duty and responsibility for the protection of the people must be borne by the legitimate government and the State apparatus of the country alone. No religious extremist/militant element can take the law onto (sic) themselves nor should they provoke others. In this light, the Minister appeals to His Excellency the President and the most revered Buddhist high prelates to take proactive action to stop this spread of religious attacks and intolerance."

According to Police, a group of persons estimated to be around 500 including some in yellow robes had carried out the attack. Those in the crowds told senior DIG Anura Senanayake, who rushed to the scene and was reporting to UPFA leaders, that it was retaliation for the alleged rape. It transpired thereafter that a lesser known radical group was involved. A Muslim Deputy Minister on Friday accompanied the businessman for a meeting with top government leaders. He was assured protection to carry out his business. He was also asked to maintain silence and not talk to media, lest it arouse passions further.The situation was brought under control after Police Special Task Force (STF) commandos and armed troops were moved in. Details of the incident appear elsewhere in the Sunday Times today.

The conversation between President Rajapaksa and the Justice Minister went to and fro. Rajapaksa asserted there was no need for an emergency Cabinet meeting. If Hakeem so insisted, the President said, he would summon a meeting of the Government Parliamentary Group where concerns expressed by Hakeem could be expressed. Hakeem's charge is that small sections of the Buddhist clergy backed by civilian groups were targeting the Muslims, particularly the businessmen. He feared that the groups were stepping up their campaign ahead of the National New Year so there would be a total boycott of Muslim business houses. The Government was aware of moves by groups and had, in fact, directed the Police to crack down on those violating the law. An intelligence source denied there were moves for a countrywide action. "They do not have that reach," the source said and added "we have identified less than twenty such small groups." Last week, Police arrested a group which had attacked a prayer room at Kottawa.

Later on Friday afternoon, Presidential Secretary Lalith Weeratunga telephoned Hakeem. It seemed a move to pacify him after his heated conversation with the President. Weeratunga was to tell him that a special Cabinet meeting was not necessary and an official statement on behalf of the Sri Lanka Freedom Party (SLFP) would be issued by Minister Maithripala Sirisena, the General Secretary. That was to make clear that the Government did not condone such attacks. However, such a statement was not released until last night.

Police said those involved in Thursday night's attack would be charged in court. Their surveillance cameras, they said, held the identities of persons involved. The move came as the Bodu Bala Sena (BBS), a group of monks that spearheaded the anti-halal campaign, denied on Friday any involvement in Thursday's attack. Its Secretary Ven. Galaboda Aththe Gnanasara said,"We vehemently condemn the incident which took place at Pepiliyana. Our organisation has no connection over this incident. There are some organisations and even sections of the media making claims that we were involved in the attack. That is not correct. We are calling the authorities to arrest the persons involved in the attack. We have been informed that there were persons dressed as Buddhist monks. Even they should be arrested. Since our organisation is gaining popularity there are various groups which are trying to discredit us."

Ven. Dr. Medagoda Abeytissa Thera, Chief Incumbent of the Sunethra Maha Devi Pirivena, was being driven for a religious engagement when he saw the large crowd. He realised there was something uneasy happening.He urged his monks in the temple to go over and check. They rushed in and pleaded with the mob not to resort to violence. Later, Ven. Dr. Abeytissa Thera, also turned up and told the assembled mob that he had chanted Pirith (Buddhist blessings) in the Muslim businessman's building before they had opened for business.

The Government Department of Information, issued the only formal statement on behalf of the Government. On Friday night it said, the Department "calls on the public to refrain from spreading rumours that could incite violence and hatred among communities. It is the duty of all citizens to protect unity and peace in the country at a time when there are foreign conspiracies to take off the benefits gained from ending the three decade old war. At a time when attempts are being made to bring disrepute to the country at an international level by creating unrest within the country and putting the country in danger, the Government (Information) Department expects the full cooperation of the media to inform the public in a manner which helps to build unity and co-existence among different people in the country."

Last Thursday's weekly Cabinet meeting did not take place. Most of the ministers were at the Government sponsored Deyata Kirula exhibition in Ampara. This extravagant multimillion rupee exhibition held annually in different parts of the country showcases the Government's "achievements". Considerable focus still remains on the military defeat of Tiger guerrillas in May 2009. While large crowds attended, Police Chief N.K.Ilangakoon had to make a public appeal to Muslims in the Ampara District. A fear psychosis had gripped the areas they lived. Hence, they did not avail themselves of the free bus rides to the exhibition.

President Rajapaksa had on a previous occasion discussed the same issue raised by Hakeem and other Muslim ministers. It came after the last Cabinet meeting on Thursday, March 21. Days earlier, Hakeem had telephoned Rajapaksa to raise some concerns. By then, Rajapaksa had remarked to his ministers that he had received a letter from the Organisation of Islamic Cooperation (OIC) expressing concern over alleged threats to Muslims in Sri Lanka. The Jeddah-based OIC is the parent body of 57 member countries. After the United Nations, it is one of the largest inter-governmental organisations. Its letter had been handed over to the Sri Lanka Embassy in Saudi Arabia.

Rajapaksa said Muslim ministers in the Cabinet should jointly respond to it. At the end of that ministerial meeting, he summoned the Muslim Cabinet ministers. Besides Hakeem, they included Rishard Bathiudin and A.H.M. Fowzie. President Rajapaksa gave ear to the issues raised by the Ministers and explained to them the different reports his Government had received. Earlier, intelligence agencies had reported about a group including a few members of the Buddhist clergy’s travel to a Scandinavian country with the help of a Colombo based-INGO (International NonGovernmental Organisation) headed by a foreign national. There were fears that some of those who went on the trip were among those involved in the anti-Muslim campaign. However, other sources said there was no conclusive evidence to establish this except for the mere fact that those involved had travelled to the country in question. They became the subject of a detailed investigation.

Under pressure from their different branches, the Sri Lanka Muslim Congress (SLMC) high command was meeting yesterday to discuss what it calls threats to the Muslim community. Sections of the party leadership were mounting pressure on leader Hakeem to leave the ruling UPFA coalition as a protest if no Government action was forthcoming. The meeting continued till late last night.

Another area of trouble shooting rekindles the aftermath of the impeachment of Chief Justice 43, Shirani Bandaranayake. Taking over formally as President of the Bar Association of Sri Lanka (BASL), the country's premier organisation representing the legal fraternity yesterday, was Upul Jayasuriya, a lawyer who has appeared in several fundamental rights cases and was a one-time secretary of the BASL. In a surprise development, Ms.Bandaranayake turned up as the chief guest for the 39th Annual Convocation, a move which confirmed that the BASL recognised her as the Chief Justice. The 44th incumbent, Chief Justice Mohan Peiris, was not invited - not even as a President's Counsel. Days ahead of the event, Government ministers and several legal personalities were busy spearheading pressure moves to exclude Ms.Bandaranayake and have Peiris invited, but to no avail. Reports of yesterday's proceedings appear elsewhere in the Sunday Times.

Jayasuriya was elected President on February 20. He told the Sunday Times, "They do not give us a way to forgive, forget and move forward. Chief Justice Bandaranayake continues to be harassed and intimidated."

He said in a move that reeked with revenge, her husband was being tried for alleged bribery and corruption. "Another high-ranking personality who had gambled with people's money to the tune of more than Rs. 12 billion had gone scot-free. "This is despite complaints to the Commission to Investigate Allegations of Bribery or Corruption," he added.

Jayasuriya noted yesterday that the administration of justice depends upon the public recognising that judges act according to the law, are free of pressure or interference that impact on their role and responsibility. "If this confidence evaporates," Jayasuriya warned "so does public respect for the judiciary." He noted that it was as much a responsibility of those in power as well as those in the administration of justice that they endeavour to maintain public confidence.

Jayasuriya declared that a "political judge or a political Chief Justice can, in fact, cause more damage to the morale of the judiciary than an unscrupulous politician."

He said, "Yet, it is the solemn duty of the Bar to face these challenges with firm resolve to stand up to judges acting according to political dictates rather than the judicial conscience and on the contrary, to defend judges who defy political commands at the expense of their civil liberties and sometimes, their very lives." (a fuller text is published in the Sunday Times 2 section).

It was a personal snub for Peiris, Chief Justice 44, who took the job when several others refused it owing to the circumstances and controversial manner in which Chief Justice 43 was sacked. It was also a significant blow for the Government that the country's 4,500 strong legal fraternity was hitting back at what was a ham-handed dismissal of Ms.Bandaranayake,