‘Hats Off’ To The ‘De Jure Chief Justice’
By Elmore Perera -
Elmore Perera 1 Colombo Telegraph
Elmore Perera
Any individual willing and able to discern the rationale of what is taking place in Sri Lanka can have no doubt that the 43rd Chief Justice of Sri Lanka has been unjustly vilified, persecuted, condemned and crucified. A once respected academic prostituted any little reputation he had left, by stating that “the Supreme Court decision was not worth the paper it was written on” and justifying the unlawful process as being “in accordance with local procedures”.
Non-Sri Lankans who dare to comment adversely on this injustice will immediately be labelled as traitors and/or as “International Conspirators”. This perhaps explains, what appears to be the surprisingly lukewarm concern expressed by the International Community.
The Sovereign people of Sri Lanka have, willy-nilly mortgaged their “inalienable Sovereignty” to the 225 “geniuses” who purport to represent them in the Legislature. The Sovereign people fear to expose themselves to a swift demise on the direction of the all-powerful executive, for alleged “acts of treason”, by failing to acknowledge the majesty of the Emperor’s New Clothes.
When the decade of Judicial Terrorism ended in June 2009, Bandaranayake J and Attorney General K.C. Kamalasabeyson PC were the only qualified appointees to the exalted position of the 42nd Chief Justice, in terms of the 17th Amendment. The independence and integrity of both were unimpeachable – thereby rendering them unsuitable for service in the emerging empire. However, a judge who was guilty of collusion in an abuse of the process of Court, and therefore unable to resist easily manipulation by the Executive President, was appointed as the 42nd Chief Justice. Simultaneously, the President appointed the spouse of Bandaranayake J as Chairman of the Insurance Corporation, giving rise to the clearly false impression that it was part of a deal he had made with Bandaranayake J. Hon, K.C. Kamalasabeyson was thereafter required to retire prematurely, to make way for the President’s confidant, legal adviser and friend as Attorney General.
This 42nd CJ served his master well, by inter alia,
(i) paving the way for the President to appoint as Secretary to the all-important Treasury, an officer who, the Supreme Court had held to have deceived the Cabinet and arrogated to himself the powers of the Cabinet,
(ii) putting Gen. Sarath Fonseka (who led the armed forces to defeat LTTE terrorism) behind bars and depriving him of his seat in Parliament by holding that the Court Martial was a Court, and
(iii) engineering the repeal of the 17th Amendment and abolition of the limitation on the President’s eligibility to seek re-election as President, by the adoption of the 18th Amendment which effectively vested in the President the “inalienable Sovereignty of the People”.
The illusion that Bandaranayake J had sought the President’s patronage was reinforced when the President, on his own initiative, appointed her spouse as Chairman of the National Savings Bank on 15th May 2010.
One year later, on 18th May 2011, Bandaranayake J was appointed as the 43rd Chief Justice in preference to the then Attorney General, Mohan Peiris P.C. who was appointed as Legal Advisor to the Cabinet – a clearly political appointment. The 42nd CJ was amply rewarded for his treacherous services to the Executive President by appointment as the Senior Legal Advisor to the President to further exploit his special expertise.
Recently, Senior Minister Tissa Vitarana confirmed to the media that, when asked why he had appointed Bandaranayake J’s husband as Chairman, N.S.B., the President had replied that it was at the request of Bandaranayake J.
Within a few months, the independence and integrity of this 43rd Chief Justice, which seemed to have been blunted by the 42nd Chief Justice, proved irksome to the President for well known reasons. He would have none of this nonsense. She had to be impeached!
117 of the President’s minions in Parliament signed a document which purported to be a resolution for the impeachment of the Chief Justice. It certainly did not contain “full particulars of the alleged misbehaviour”, as specifically required by the proviso to Article 107(2) of the Constitution. However, it was accepted by the Speaker on 1st November 2012 and placed on the Order Paper of Parliament on 6th November. A Select Committee of 7 “Super Geniuses” from the Government and 4 MPs from the Opposition was appointed on 14th November, in terms of Standing Order 78A. A sham of an inquiry commenced on 23rd November. The conduct of the 7 super geniuses was such that the 43rd Chief Justice withdrew on the 6th December at 6.30 p.m. and the Opposition MPs withdrew at 5.30 p.m. on 7th December 2012. These 7 Super Geniuses thereafter summoned 18 witnesses, recorded the evidence of 16 who answered the urgent summons, evaluated the evidence, weighed it against reported judgments, wrote a learned judgment holding the CJ guilty of 3 charges and exonerating her from the other 11 charges, and compiled a report of more than 1500 pages, before 7.30 a.m. – all within the space of 14 hours. Such efficiency will surely find its place in the Guiness Book of Records, in due course!
The Supreme Court entertained a reference by the Court of Appeal on 22nd November, 2012 and made a determination on 1st January 2013 that Standing Order 78A was ultra vires the Constitution, in that it could not empower these Super Geniuses to arrive at any finding of guilt. On the 7th January 2013, the Court of Appeal quashed the purported finding of guilt by these Super Geniuses.
Undaunted, these Super Geniuses succeeded in prevailing on 148 other geniuses in Parliament to disregard with contempt the rulings of the Court of Appeal and the Supreme Court, and resolve that the President should be humbly requested to authorise the crucifixion of the Chief Justice.
In obedience to the dictates of his “Conscience” the President authorised the unlawful eviction of the incumbent Chief Justice. Soon thereafter he purported to “swear-in” the once discarded candidate, to the non-existent vacancy in the position of Chief Justice. It is widely known that this appointee had an unparalleled (and much sought after, in today’s context) reputation for blatant corruption since retiring from the public service as Senior State Counsel. The Government MPs and the State Media vociferously claim to have acquired an amazing, and amusing, capability of authoritatively interpreting Constitutional provisions, hitherto assigned by the written Constitution, solely and exclusively to the Supreme Court. The Government’s minions amongst the “vigilant” public and the numerous fawning Counsellors of the President have acted swiftly in an attempt to clothe this vile and unlawful deed with legal validity.
To avoid the inevitable blatant victimisation of many law-abiding persons, the Chief Justice has acted with remarkable wisdom. She has however, rightly stated that she is the one and only lawful Chief Justice. Sooner rather than later, it will be revealed that she was betrayed by more than one Judas, by the subsequent conduct of such Judases.
It is the fervent hope of all “law-abiding” Sri Lankans that she, the braveheart who dared to stand up against anarchy, will be restored to her rightful position of Chief Justice, sooner rather than later, to serve this country as Chief Justice, long before she reaches the age of retirement in 2023.
Long live Madam Justitia!
*Elmore Perera, Attorney-at-Law, Founder CIMOGG, Past President OPA
As Attorney-at-Law, Founder CIMOGG, Past President OPA what have you got to say about her indiscretions as CJ when she should have upheld the principles and virtue of the high office by resigning when her husband was caught fiddling with state funds? Also her 1.6m trillium discount and taking on related cases when she should have exhibited impartiality. Sauce for the goose is also sauce for the gander.
H Perera - January 20, 2013
10:01 am
A new constitution where there are no elections, independent commissions is a must.
White vanning should be introduced as a fundamental right of the populace. For their own good.
K A Sumanasekera - January 20, 2013
10:18 am
WE PROPOSE YOU, K A SUMANASEKRAN [THE NEXT V P FROM SOUTH ]FOR THE DRIVER OF THE WHITE VAN TO ABDUCTING OF CITIZENS OF WANDER LAND OF UNIVERSE.
JULAAMPITYE AMARAYA - January 20, 2013
2:22 pm
A short answer to Mr H Perera, The discount allegation was not in the charges and suddenly came by way of telephone evidence after PSC categorically declared that there will be no oral evidence or cross examination. The witness who said about the discount escaped cross examination and his credibility is not tested. I am sure he came forward for some benefit offered by some one. These things will be exposed in time to come
Srinath Gunasekera - January 20, 2013
10:59 am
Sooner than later the democractically elected governments of the world will refrain from having any dealings with an unconstituitionally existing government and a Head of State who violated the country’s constitution. Once a Head of State vilotes the country’s constitution he or she ceases to be the Head of State of the country. So no democractically elected government will come forward to assist Sri Lanka in the future. Our beloved motherland, which is at present mortgaged to China will finally be sold to China. Hail the traitors.
Darlin de Silva - January 20, 2013
11:22 am
To test your version, GLP is off to India, where things will be “business
as usual”. The Impeachment on the Judgement of the ruling President will not be discussed! This is what the IC is all about.
punchinilame - January 20, 2013
4:32 pm
Let us hope that justice will prevail and the CJ SB is given a fair trial and chance to answer all the charges. Without a fair trial her impeachment and removal from office is null and void and bad in law. The appointment of another unsuitable individual to the same post is also null and void and bad in law. The law is not something that can be manipulated or changed according to the conscience or dictates on any individual.
Safa - January 20, 2013
11:46 am
Totally agreed.
Citizen - January 20, 2013
12:59 pm
Well Said SAFA. As for poor Sumanasekera it may be best you spared readers your efforts at attention seeking and write some children’s fiction instead.( It may even sell! ;p)
Eve - January 20, 2013
3:28 pm
They are not only “super geniuses” but also super lawyers. Hope the World make usesoftheir services for impeachment cases in their countries
Gamini Perera - January 20, 2013
4:09 pm
Mr Perera they are not only super geniuses they are also super judges.Hope the World Court make use of their services.They will do anything for the crumps thrown by their master
a.jayasinghe - January 20, 2013
4:17 pm
It was a shame to see SB was going to receive the fake lawyer Namal when he came to take his oath,while in fact he should have been treated like any other one.They they them self disgrace the judiciary by their own conduct.If it was true as MR said that, she had requested her spouse to be appointed as the chairmen of NSB, she should hide her face in shame.Her proclamation to say that she uphold the independence of judiciary during her term as a judge and the CJ sound hollow in the presence of these activities.They are the very same people who gave absolute power to this despot by passing judgements in his favor.This is called DITTHA DAMMA WEDANIYA KARMA.
Lion - January 21, 2013
12:13 am
Not only did she receive the fake lawyer but I think she also kissed him on both cheeks for all the cameras to see. Atta Boy. Then she was riding high as Golden Girl. Today even GoldenKey cant save her.
Diyawanna Sarath - January 21, 2013
8:32 am
……….”.Kissed him on both cheeks” ? You mean the bottom ones?
Polkudu Chandrika - January 21, 2013
11:06 am
good one Plokudu keep it up my friend
Lion - January 21, 2013
11:20 am
Dear Mr Elmore Perera, a known devil is always better than an unknown angel. Things could have been worse. Thank your stars we dont have a Hitler or a Saddam or a Gaddafi or a Mugabe ruling over us. Count your blessings.
kos ata cabraal - January 21, 2013
5:15 am
It is a funny situation. The Complainants, the Prosecution, the Judges, the Jury and the Executioner, are all from the same click (group). These don’t happen anywhere in the world but only in the land of the “Miracle of Asia”
G. Pandith - January 21, 2013
6:54 am
1. If the Westerners did not colonise us we will be still Veddahs roaming the jungles, killing each other, “might would have been right” without rule of law and judiciary, let alone accounting financially and corruption. We will be wearing amude and not trousers, bows and arrows and not guns. This would have made us uncivilised in this world.
2. LTTE was formed because of ultra racism and perverted Buddhism causing repression and murder of Tamils, an uncivilised character of the Sinhalese, nearing barbarism. Liberation movements such as LTTE were the good reason to liberate the people of more than 30 African countries. Therefore LTTE was a necessity caused by Sinhala barbarism.
3. The western inaction was more out of indifference than “divide and rule”.
4. Sri Lanka is not a small country. No one must cheat himself and others. There are at least 38 countries smaller than SL.
5. The island of “SL” has two nations with different culture, character and aspirations. The only way to live peacefully would be to allow each nation to have its autonomy in its territory by a new constitution, as the present “constitution” is illegally formed and flawed with several amendments- about 18- to put in order, And the “constitution” has became more flawed.
Sarwan - January 22, 2013
12:54 pm
Get over it you antigovernment Nitwits. Ex CJ is history and will lie in the dustbin of jokers in the judiciary chronicles. She is now just like Fonseka and is finished, finis, finale, finito,Kaput. Stop talking about her and get on with your lives you dumb Bozos. But don’t worry you will find something else to crow against the government of Mahinda. Does the moon heed the barking of dogs ? No Mahinda is not concerned about you arm chair populists and ankle biters. Ranil is the only level headed decent guy in the opposition. Look at his background and determine for yourself, who is Sajith and who are the JVPers? Sajiths father gave money and arms to the Tigers and they ended up killing him. The JVP ers are killers and killed thousands of Singhalese in their insurrection and now talking about democracy. What a set of buffoons. Support Mahinda who saved the country, help him to develop the country you Goons. Mahinda has no regrets just as the song below says!
Non, rien de rien
Non, je ne regrette rien
Ni le bien qu’on m’a fait
Ni le mal; tout ça m’est bien égal !
Non, rien de rien
Non, je ne regrette rien
C’est payé, balayé, oublié
Je me fous du passé !
Avec mes souvenirs
J’ai allumé le feu
Mes chagrins, mes plaisirs
Je n’ai plus besoin d’eux !
Yours truly Sudu Akka
Sudu Akka - January 22, 2013
8:13 pm
Edith would turn in her grave did she know in what context her favourite song was quoted. She was an icon and her lack of regret had nothing to do with sordid politics.
manel fonseka - January 23, 2013
5:13 pm