Our team carried out a lengthy investigation into allegations that a Major had been forcibly retired from the Army for unjust, political reasons, without a proper trial on a charge of wrongdoing. According to the information and documents we received there, this Major has been subjected to severe injustice. It is truly inappropriate for such a thing to happen in the three forces that the people love so much, but in our opinion it is appropriate to read this article realizing that there are people everywhere who are kicking democracy. Protecting the security forces is our primary vision. But we must understand that those institutions, which are not properly trained, have no personality, hide the illegal activities of anti-democratic working officers and soldiers and threaten national security. We all have a responsibility to protect all just officers as well as soldiers serving in the Army, Air Force and Navy. If that responsibility is not properly fulfilled, these forces will fall into the same category as the Sri Lanka Police. Then the future generation will blame us, the present generation.
Dhammika Kitulgoda, a former Secretary General of the Parliament of Sri Lanka, and a three-member independent panel of inquiry have acquitted the Major, who was found guilty by a senior Army officer. Also, the committee has given a special evaluation to this Army Major. It also called for the cancellation of disciplinary action taken by the Army. But it appears that the then Army Commander did not pay attention to it, did not make those recommendations to him or he was misled.
Major Tharidhu Weerasinghe is still working to rectify the injustice done to him. This incident is a result of exposing the frauds and corruption committed by the previous members of the Sri Lanka Judo Association after becoming its General Secretary. Although we have that disclosure and all the documents of that incident, it is important to prevent such officials who sacrificed their lives for the country during the war from being reluctant to do their duty properly.
Major Tharidhu Weerasinghe has been summoned to the Army Headquarters after several issues. The investigation was carried out in the presence of the then Sports Director of the Army, Brigadier Galagamage. Brigadier Galagamage alone conducted this investigation. However, it is also stated that the report has been fraudulently prepared stating that other officials were later involved. If so, that investigation is also an illegal one. At least he has not been given the opportunity to go to court-martial and enforce the law. Even before the completion of the preliminary investigations, he had been removed from active service in the Army and retired illegally.
However, the officer continued to work to rectify the injustice done to him and the Major was acquitted and released by a three-member independent panel appointed by the Ministry of Sports. Judo Association fraudsters have been banned from playing for up to 10 years. According to the report, the report of the inquiry committee headed by former Parliamentary Secretary General Dhammika Kitulgoda called on the Army to cancel all disciplinary action taken against Major Tharidhu Weerasinghe and to consider the receipt of the illegal letter sent to the Army against this incident. However, this independent investigation report also shows that the then Army Commander was not active. The letter of resignation does not state any specific reason for his removal from the Army.
A complaint has also been lodged with the Army Headquarters against the then Director of Sports, Brigadier Galagamage, who was involved in the illegal investigation. However, no such complaint has been heard and the Brigadier has been promoted to the rank of Major General. Moreover, the officer has now retired.
However, according to the documents available to us, the then Major Tharidhu Weerasinghe was not given any relief by the then responsible authorities of the Army. This officer is said to have not received any salary or pension so far.
These things are not happening under the present Army Commander. The current Commander-in-Chief, who is much-loved by many, will look into the matter and give this officer the justice he seeks to prevent such acts from continuing in the Army.
Editor’s note
Did such a thing happen in a great position like a brigadier? Is doubtful. But it is clear that such a thing has happened. Violence against a lower-ranking official cannot be condoned and should be properly investigated if a complaint has been lodged against such harassment and the illegal investigation. Hiding such things means that other people choose the same wrong path. If the information we have is correct, this brigadier should have been punished under the Army Act and the Ceylon Penal Code. It is very clear that this Brigadier has acted to bring disrepute to the Army in this incident
Even if he retires, he can be prosecuted if he is found guilty of wrongdoing. It is clearly stated in the law. But doing so is not an easy task for a retired person.
Justice and fairness is a legal principle. All citizens, as well as public officials, must do their part to protect this principle. He, who hopes for justice and fairness, should also be viewed as a democrat. That is the law that belongs to him. The Army Act is below the Constitution. At the top is the Constitution, the common law for all of us.
Authorized Officers of the Armed Forces belong to the category of Public Servants. But they cannot get service from the Public Service Commission. They have to convene a court-martial after the preliminary trial court. The final decision on the affairs of the officers should be taken by this Court Martial. Also, all activities should be carried out in accordance with Section 81 of the Army Act. But no such incident has been reported in this case.
It is not appropriate to allow military personnel and soldiers to have their rights violated for a variety of political reasons. There are a large number of court decisions given in such cases. (Deshapriya VS Rukmani Divishional Secretary – 1992, 2 SLR p.412)) is one such case law. Also, penalties for violating the rules of natural justice are not valid. In this regard (In Nandasena V.MS Jayasinghe, Secretary of Justice 2001 Sri Lanka) the law has been made law. Also, the factors that lead to the dismissal or suspension of those connected to the government are fraud, embezzlement of public funds. The correct procedure to be followed in such a case is stated in the Establishments Code as well as in the Army Act. (Elmore Perera .V. Major Montague Jayawickrama. A decision of nine Supreme Court Judges). It is also not valid to dismiss someone arbitrarily without giving a reason. The reason given should not be given in a way that they think is right, but there should be a valid reason for dismissal legally. (Bandara V Premachandra 2 SLR 301) is mentioned in this judgment. We can note a large number of such legal facts. But what is needed is for the authorities to act in accordance with the law.
In this case, there is a possibility of filing several personal cases against the Brigadier who wronged this Major. There is also the possibility of filing a fundamental rights lawsuit, a writ of indictment, indictment under criminal law, and compensation for damages suffered by the Major.
Facts and the law However, the relevant authorities should be aware that this situation could one day happen to themselves or their children or grandchildren if they treat the lower ranks as cruel and degrading for various political reasons.
Such situations, especially in a country’s security forces, pose a major threat to a country’s national security.
