On My Beat: Should politicians who obstruct Army officers’ duty go Scot free?

Questions are now being repeatedly asked why those politicians who obstructed the Army officers discharging their duty when they went to take Sarath Fonseka under military custody are not indicted and brought before a civil court.

On February 8, in the evening around 9 PM when Provost Marshal, Brigadier Wijesri and Commandant of the Western region and Puttalam Major General S.R. Manawaduge went to take Retired General Sarath Fonseka on to military custody on the second floor of Fonseka’s Rajkeeya’s Office, located in Colombo, SLMC Leader Rauff Hakeem, DPF Leader Mano Ganeshan, JVP Leader Somwansa Amerasinghe and Sunil Handunnetti MP and JVP spokesman, were with the him.

The politicians were clearly told to leave the premises by the Army officers. The Army officers said that they refused to leave stating that they were MPs.

The military officials alleged that those politicians prevented them from doing their duties, by shouting at them and also blocking them by staying around Sarath Fonseka as human shield, thus preventing them from taking Sarath Fonseka into military custody.

According to Army Act 139: Every person, other than a person subject to military law, who –

“(a) wilfully obstructs, impedes, or otherwise interferes with any officer or soldier in the execution of his duties,

shall be guilty of an offence and shall, on conviction after summary trial before a Magistrate, be liable to simple or rigorous imprisonment for a term not exceeding six months, or to a fine not exceeding one thousand rupees , or to both such imprisonment and fine.”

Therefore, those politicians who obstructed the Army officers from performing their legitimate duties have to be indicted and brought before an appropriate court.

In case this issue is ignored for some reason or other, this will be a bad precedent and in the future political leaders claiming themselves as Members of Parliament and they are above the law of the land and will commit the same offence and would go scot free.

According to the Rule of Law, no one is above the Law of the land.

Therefore, it is high time, SLMC leader Rauff Hakeem, DPF leader Mano Ganeshan, JVP leader Somwansa Amerasinghe and Sunil Handunnetti MP and JVP spokesman are indicted forthwith.

Furthermore, Asian Tribune has reliably learnt that the recording of the summary of evidence still continues as retired Army officers, and other service officers, civilians, and those in the Army regular force continue to come forward to give evidences.

Sources in the Army said that as the recording of the summary of evidence continues under the Chief of Staff of the Army Major General Daya Ratnayake, the issue of constituting the Court Martial has not come up yet.

According to Army Act (46. (1) A general Court Martial may be convened by the President or such officer of a rank not below that of a field officer as may be authorised by the President.

(2) A general court martial shall --

(a) where it is convened to try a person subject to military law for the offence of treason, murder or rape, consists not less than five officers, and

(b) Where it is convened to try a person subject to military law for any other offences consists of three officers.

It is learnt that in case a Court Martial is constituted it may consist of three officers.

Recently President Mahinda Rajapaksa in an interview with Chennai based The Hindu newspaper on General Sarath Fonseka's arrest said “Army law is very different from the general law. Now he has been taken by the Army, he is under the Army Commander.

“ He is being given a luxury flat, the Navy Commander's chalet. If he had won, I would have been in Bogambara, in a 2x2 cell!

“He is allowed access to his lawyer, his wife is allowed to see him.

“She called my wife, who was at a banquet in Moscow; she was told, ‘ask for it and you will be allowed to see him' and she did. Doctors are doing everything possible and are allowed. We don't want to harass him.

“In Buddhism, they say, ‘for what you have done, there will be repercussions in this particular birth.' Good or bad, you don't have to wait till the next birth.”

Sarath Fonseka joined the Ceylon Army on 05 February 1970 and was commissioned as an Officer on 01st June 1971.

A commissioned officer is a military officer who holds a commission, a formal government document which vests power in the individual to whom it is issued. According to Army Act under interpretation, Officer means an officer commissioned as an officer in the Army.

According to Army Act Part II : Officers

9 (1) The officer shall be appointed by commission under the hand of the President.

(2) Every officer shall upon appointment take and subscribe the prescribed oath, or make and subscribe the prescribed affirmation, before a prescribed officer.

(3) No commission issued by the President under subsection (1) of this section becomes invalid by reason of his death or vacation of office.

An officer in the Sri Lanka Army while commenting said someone who holds a commission is allowed to serve in a command position, in contrast with enlisted members of the military.

When an officer is given Commission by the President he has been designated as "officer and a gentleman.”

He said that an officer whilst serving in the Army he would be coming across so many things which are considered classified and having to do with the security of the country. Therefore always the secrecy known to a commissioned Officer always goes with him to the grave.

Unfortunately, contrary to traditions and practices observed by commissioned officials of the Army, hours before his arrest on 08 February, Sarath Fonseka had said he was prepared to give evidence at international tribunals investigating the 25-year-long civil war. "I am definitely going to reveal what I know, what I was told and what I heard. Anyone who has committed war crimes should be brought into the courts," the BBC reported him as saying on 8th February.

- Asian Tribune -