Gag order for convicted prisoners on bail

Two high profile figures, namely Bodu Bala Sena (BBS) General Secretary Galagoda Aththe Gnanasara Thera and former MP Hirunika Premachandra were released on bail this week pending appeal upon their conviction in two different cases.

Gnanasara Thera was serving a four-year sentence upon conviction by the Colombo High Court in March this year for causing religious disharmony and was granted bail by the Court of Appeal while Hirunika Premachandra who was imprisoned for three years in June over the abduction of a youth on 21 December 2015 was granted bail by the High Court pending appeal.

The cases against both these individuals are serious in nature and they were given the due punishment by the respective courts. Since the conviction, they have used the appellate process seeking recourse from the judgements of the lower courts.

The difference between such individuals and members of the public who face similar situations is that they get the opportunity to come out on bail and make grandstanding statements before the media even though they have not been cleared of the crimes they were convicted of in the first place.

What does Gnanasara Thera who was convicted of inciting public sentiments against the Muslim community of this country do the moment he has cameras and mics pushed in his face? He begins a rant on how his warnings went unheeded regarding the Easter Sunday terror attacks and the threat of extremists’ activity in the country.

Premachandra on her part used the post bail spotlight to say she was “just like any other prisoner” while in jail and she had no access to telephones, televisions, newspapers, etc. and the experience would help her future political journey. The public were also treated to the endearing scenes of her kissing and hugging her young children. Premachandra’s elation on her release is understandable particularly given that she is a mother but the issue that is at hand is the manner in which convicted criminals, when they are public figures, get showcased as victims while those who are their real victims get little attention. 

In Sri Lanka, we have had several politicians imprisoned, some for serious crimes including murder and financial fraud. Most get off scot-free upon appeal and often they are proven not guilty over certain technical glitches in the filing of the case, leading of evidence, etc., loopholes, some left open deliberately, so that these often-powerful people can escape the long arm of the law.

Every Sri Lankan citizen is entitled to seek justice, and this includes filing an appeal upon conviction by a lower court. This applies to all including politicians, businesspersons and other prominent people in the country. But showcasing a jail sentence as some sort of achievement, particularly when the charges are criminal in nature, is unacceptable and sets a bad precedent.

There have been instances where certain convicted politicians, when given bail, are welcomed by their supporters with ‘kiribath” parties and lighting of crackers. This shows the lack of regard for the judiciary and is akin to slap in the face of law. How often they get compared to the great men such as Mahatma Gandhi and Nelson Mandela only adds insult to injury among right thinking people.

Which is why the courts that grant bail to politicians and others who feed off public attention should be issued a gag order until they exhaust the appeal process and are either cleared by the highest court or are released. If they are cleared of wrongdoing, they can speak as much as they like.