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On My Beat : A tale of two
Generals' wailing wives..
- by K T Rajasingham
(13.02.2010 - Asian Tribune)
Sarath Fonseka’s wife 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 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.
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Subsequently, a case against him was withdrawn and he was to file a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.
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