The 13th Amendment

July 2, 2013, This amendment was passed with UNPMPs taken in buses from hotels, in which they were housed to prevent protesters from meeting them, to Parliament for voting. The amendment was a result of the so-called Indo-Lanka Accord, for the signing of which Rajiv Gandhi, the then Indian Prime Minister, came here and was assaulted by a naval rating. He was the first VIP to be assaulted in Sri Lanka. Rajiv and his mother Indira were the evil forces behind the LTTE, whose cadres were trained in India by the Indian Army. They created mayhem in Sri Lanka as J. R. Jayewardene did not heed their advice and, to frighten JR, India dropped parippu on Jaffna. Having frightened JR, Rajiv and his adviser J. N. Dixit then came to Sri Lanka and made JR swallow the bitter pill against the wishes of the majority of Sri Lankans. This country was on fire with state property being burnt. In Panadura, the JVP was leading mobs towards the residence of the then chit MP for Panadura. The SLFPers came running to me and pleaded with me to join the procession to ensure that nothing untoward happened. So, to prevent any unfortunate incidents, I went with the crowd. Near the Talpitiya Bridge, a posse of policemen stopped the procession. I spoke to the OIC and negotiated for five persons to meet the MP and request him not to vote. The JVP and the crowd bared their chest, asking the police to shoot them. But, because I was present, the police did not take any action. The procession went to Wadduwa and met the MP and gave him a petition. I was feeling tired and returned home thinking that nothing unlawful would happen. But, one hour later, some of my supporters came running to inform me that the petrol shed in Panadura town was burning as were the buses and the Wekada bus stand just opposite my house. I did my best to prevent further incidents. A couple of days later, while I was at Nawala in my daughters residence the then Leader of the Opposition Anura Bandaranaike told me over the telephone that some ministers were alleging that I had gone into hiding and the police were searching for me to record a statement. I told Anura that there was no reason for me to hide and I was prepared to make a statement to the police anytime.

Anura informed the House that I was at Nawala and the police came to meet me. One evening SP Panadura came to my daughters house and wanted me to come to his office to make a statement. I went in my car to his office in Panadura and made a statement throughout night. The SP kept on asking me whether I had any links to the JVP. He said I would be remanded. When I went to the police station, I saw the Secretary of the Youth League, Premalal and about 10-15 of my supporters in an enclosure. I was also asked to wait there. Premalal, who was concerned about my safety suggested that I tell the police that I had a chest pain and wanted to be warded in the Panadura hospital. As soon as I was taken to hospital, the nurses who had worked under me rushed me to the intensive care unit, which, incidentally, I had established. When the police came the following morning to finish recording my statement, the then visiting Physician Dr. Jayasinghe refused permission to the police to enter the ICU. The police then contacted Dr. Upul Wijewardena, Chief Cardiologist of the General Hospital, who, too, refused to give permission. Ultimately a 90-day detention order was served on me. Finally, I was released and no further action was taken. This whole episode was of JRs making as I opposed the first amendment to the 1972 Republican Constitution to enable the Prime Minister to dissolve Parliament while he alone remained the PM and was against the removal of civic rights of Mrs. Sirimavo Bandaranaike. While we were climbing the steps of the old Parliament to enter the chamber for voting, I told the then leader of the house Mr. R. Premadasa that we had come to the House like lions but after that amendment, we would be like rats. Mr. Gamini Jayasuriya and Mr. Premadasa told me not to shout. Such was the fear they had. I was a raw MP, but I knew the danger. This is the clause in the 1978 Constitution which made the Executive President a dictator. Unfortunately, I was the only UNP MP not to vote for 1978 Constitution at a government group meeting. But, the senior lawyers in the party like my good friend late Mr. Lalith Athulathmudali wrote books on checks and balances. At that time, Ranil Wickremesinghe was close to his uncle JR and he could have raised objections. But, he was scared. Now when it is too late, he wants to have a new Constitution! But will he? I do not see any possibility as he is no better than JR, going by the way he is treating the party seniors and faithfuls. One day at a breakfast table JR told Mrs. Jayewardene that he would get rid of Premadasa, who was going about the country organising the Purawesi Peramuna She told JR, "Dickie,

dont be stupid. If you sack Premadasa, you will lose the election." Thereafter, JR made up with Mr. Premadasa. This story was told by the late Shelton Jayasinghe, a Minister in J.R.s government. Unfortunately, when Mr. Premadasa became the President, he got rid of Mr. Gamini Dissanayake and Lalith Athulathmudali by using the powers in the 1978 Constitution which only I objected to. Had Lalith and Gamini objected, they would have been still in the UNP and alive. Their deaths have caused irreparable damage to the UNP, which is in a very sad state, losing election one after the other. I am thankful to the Defence Secretary Mr. Gotabhaya Rajapaksa, who was in the frontline fighting the LTTE terrorists and to Minister Wimal Weerawansa for protesting against the land and police powers being given to Provincial Councils. With the Indian Constitution, Mrs. Sonia Gandhi could not give land to the railway because a state objected. Fortunately, we have a very strong President in the person of Mahinda Rajapaksa, who would not betray the country. I read in the newspapers that a high powered Indian delegation is coming to meet the President. I am sure that he will not give in to the Indians. They have their own agenda and President Mahinda should have his. The people of Sri Lanka and the tri forces will always back him. Dr. Neville Fernando