On My Beat: A tale of two Generals' wailing wives..

Sarath Fonseka’s wife Anoma was on the Srisa TV on Thursday, with tears rolling down her cheek, telling the world that her husband was arrested without any reasons and appealing he be saved.

On Friday Parakrama Pannipitiya’s wife Achini Iroma Pannipiti was on the ITN TV with genuine tears rolling from her eyes while narrating how her husband was framed by former Army Commander Sarath Fonseka, and remanded for more than five months, treated inhumanely and humiliated.

She said Fonseka's plight now is a retribution of Kamma.

He took action against my husband with a wicked mind and he wanted to take revenge from my husband. Now the tables have turned and he is repaying for the sins he accumulated when he was in service," she added.

"Ironically Anoma Fonseka, my intimate friend at one time, who abandoned me on that occasion with my innocent little children are pleading mercy from women to save her husband. But she didn't hear my grievances when I became a similar victim due to her husband's cruelty," she said.

"Major General Pannipitiya also worked for the Sri Lanka Sinha Regiment. When he was interdicted, my children and I became helpless since we lost everything. I had no one to tell my grievance at that time," Achini Iroma said.

According to her, she did not go after people or attempt to rally women but prayed only to the deities.

Major General Parakrama Pannipitiya who was responsible for the capturing of Thoppigala and other areas in 2007, and a hero by his own rights, was framed by Sarath Fonseka in 2008, as involved in treasure hunting and got him arrested by police who held him in the remand prison.

Subsequently, a case against him was withdrawn and he was to file a fundamental rights petition in the Supreme Court saying that his life was in danger, following the withdrawal of his security and has prayed for the re-instatement of his security contingent.

Maj. Gen. Pannipitiya in his Fundamental Rights application has stated that he was not given an opportunity to explain or answer the allegations leveled against him. Instead he has alleged that Army Commander Fonseka demanded that he hand in his retirement papers or face a court martial.

Maj. Gen. Pannipitiya has stated in his FR petition that he was under constant LTTE threat both in operational and outside operational areas. He has cited military reports to this effect. He has stated that he was informed in March 2007 that his movements were being monitored by the LTTE and was being followed in Colombo to places he frequented.

Maj. Gen. Pannipitiya has stated that he was removed from his position as Eastern Commander and transferred to Colombo based on an anonymous petition alleging that he had used a Captain to manage a property that purportedly belonged to him in Puttalam and that he had hired a vehicle in an irregular manner, both of which he had denied.

Viewers of the of the TV show were of the opinion that Maj. Gen. Pannipitiya’s wife showed the true arrogant face of Sarath Fonseka.

In the meantime yesterday the Supreme Court has granted leave to proceed in a Fundamental Rights petition filed by Anoma Fonseka on behalf of her husband General Sarath Fonseka who has been detained by the Military police.

The Fundamental Rights petition seeks the right to freedom from torture, arbitrary arrest and detention. The case will be heard on February 23.

But to the dismay of the opposition, the Supreme Court failed to consider any interim relief measures as prayed in the rights petition.

Yesterday early morning Opposition leader Ranil Wickremasinghe met President Mahinda Rajapaksa and sought the release of General Sarath Fonseka.

He also charged that Defence Spokesman Keheliya Rambukwella, Media Center for National Security Director Lakshman Hulugalla and Military Spokesman Prasad Samasingha had contradicted each other when giving reasons for the arrest and detention of General Fonseka.

Danuwana’s whereabout not known

According to police sources Danuwana Tilakaaratne is still avoiding to present himself before the Police for questioning.

Earlier, on 10th of this month the Colombo Fort Magistrate and Additional District Judge Lanka Jayaratne refused an anticipatory bail application by Danuwana Tillekeratna, son-in-law of General Sarath Fonseka.

On an application by the Criminal Investigation Department (CID) the Judge made an order impounding the passport of Danuwana Tillekeratne. The Judge also directed the Registrar of the Court to inform the Controller of the Immigration and Emigration about the Court order.

The judge while delivering the order categorically said that “a blanket order of an Anticipatory bail should not generally be passed. It is an order which serves as a blanket to cover or protect every kind of alleged unlawful activity.

However, when one considers the intention of the Parliament in introducing the Bail Act, it is observed that this Act would not apply to other written laws which contain express provisions in respect of bail for persons accused of offences under such laws, the order added.

According to the submissions by the Senior State Counsel Dammith Totawatta who objected to the anticipatory bail application by Danuana Tillekeratne said that the investigations in connection with the arms deal had revealed that the Sri Lankan Company had forwarded several forged documents to a foreign company in respect of the contract.

Quoting several judgments from India and former Chief Justice Sarath N. Silva PC and Supreme Court Judge Justice Dr. Shirani Bandaranayake, Judge Lanka Jayaratne said that the grant of bail will be in the discretion of the Court. In doing so the court will take into consideration the nature of the accusation, the nature of the offence, if any, the materials in support of the accusation, the correct behaviour, means and standards.

In the lengthy order Judge Jayaratne said “anti-social adventures cannot claim for their nefarious activities for the defence of the society itself of which they form an integrate part. Anticipatory bail some extent intrudes in the sphere of investigation of crime. The Court must be cautious and circumspect in exercising such power of discretionary.

The Judge emphasized in the order that status of the petitioner, both Religious and temporal, are irrelevant for the purpose of granting or refusing of bail. The Judge said that the Senior Defence Counsel Saliya Peiris had said that the CID is attempting to arrest his client for unbailable offence and there is not an iota of evidence to arrest his client in connection with any arms deal under the Public Property Act.

The Judge also stated in the order the Senior State Counsel had submitted to court that the CID had informed the applicant in this anticipatory bail application to appear before the CID on February 1, 2010, but he had admitted himself to a hospital. Later the CID found out that the petitioner had left the hospital on the same evening. The CID is unaware about the whereabouts of the petitioner.

Senior State Counsel Dammith Totawatte appeared with CID Officers Mohan Siriwardena and Gajanayake. Senior Defence Counsel Saliya Peiris with Uditha Abeyratne appeared on behalf of Danuwana Tillekeratne.

Aparna blogs a controversy

In the meantime Aparna, the second daughter of Sarath Fonseka has written in her blog as follows:

“I am Aparna Fonseka, youngest daughter of General Sarath Fonseka of Sri Lanka. Today, 8 February 2010, I decided to start this blog because of the unfortunate and disgraceful incident that happened to my father. I am tired of watching from the sidelines and reading what people have written without being able to defend.

However vile, destructive or poisonous the remarks about him and my family have been, I’ve been listening silently. I’ve stayed silent even after there was an assassination attempt on his life. I’ve been silent when they accused my brother-in-law of being an arms dealer.
I’ve been silent when they surrounded our house and put us under arrest. But today, my father was dragged away before his family and his life is in danger again. I cannot be a silent spectator any more.

In conclusion she wrote “Now, I am sitting here clueless begging people for information and for help. I do not know where my father is, where they’ve taken him, what they’ve done to him. Why are they attacking him? For trying to save our country from corruption?

Or because he is the only man with courage enough to stand up against the corrupt government? Or is it because he was the only one who understood the hardships of Sri Lankan civilians who live from one day to the next? My father is a hero and this is how they show their gratitude? I need my father back. This is an urgent and sincere request to help find him.

Sincerely,

Aparna Fonseka
(Daughter of General Sarath Fonseka)”

Her lamentation has been adequately answered by Durga De
Silva:

Given below the full text of Durga De Silva’s response to Aparna:

The pain of a daughter

Dear Aparna,

I was deeply moved by reading the contents of your circular letter regarding General Fonseka. As a father of two children I am saddened and shaken by the fact that General Fonseka has been dragged away and kept incommunicado without medicine and other basic needs and your mother or anyone else seem to unknown where he is kept and her appeal to the authorities and tears moved every one to empathize with her and it was the silent prayers that the authorities should permit her to give the daily medicine that is necessary for the surgical intervention that your father underwent as a result of serving the country is of no use.

I believe now the authorities have permitted your mother to see the General but yet we could jointly make our appeal heard to obtain his release.

Therefore, I have decided to start a campaign amongst my friends and everyone else to obtain the unconditional release of your father. But before I do that I would hasten to ask some questions from you, so that I will be clear in my private conscious that I am doing the correct thing on behalf of my country.

The questions are :

01) Why did General Fonseka make a statement in the month of July at a Reception to felicitate him held at Ambalangoda that he has destroyed all levels of LTTE leadership? By doing so, circumvented the the rules and conventions of war with regard to the treatment of prisoners of war. Admitting the killing of those who came to surrender holding white flags. This was reported verbatim in the Tamil Net and was submitted by LTTE Diaspora active, in the US to the US State Department which has included the statement in its congressional report to the Senate.

02) Did your father during the last stages of the war and immediately after that before his resignation divulged very sensitive information which transpired at the Security Council meeting which is governed by the Oaths and Security Act to Hon. Ranil Wickramasinghe and Hon. Mangala Samaraweera. The information revealed has paved the way for the LTTE to frame further charges against the very Army that your father led. The evidence of such disclosure made by your father on the 04th of January 2010 at a media briefing with esteem and pride not knowing that he is violating the very procedure which he is under oath not to disclose..

03) The fact that after the initial disclosure in July, that your father made the second such disclosure to the Sunday Leader with regard to the instructions given by the Defence Secretary to one of the most astute and frontline Ground Commander, Major General Shavindra Silva implicating both with the destruction of unarmed Tamils who surrendered to them by holding white flags. Your father later strived to correct this position as the Government and media showed your father in the most deplorable image of a traitor who had sacrificed his junior officers as cannon fodder to the LTTE Diaspora who were waiting to bring them before War Crime Tribunal. There he said he will take the full responsibility as the ground commander and no such incident took place.

- Asian Tribune -