25 May, 2019

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A Chequered Transition

By Tisaranee Gunasekara

Yes, I give the Devil benefit of law, for my own safety’s sake!” – Robert Bolt (A Man for all Seasons)

Mohan Pieris had to go. Unfortunately the means used to eject him seem too Rajapaksa-like for comfort.

After they got rid of Shirani Bandaranayake through an illegal-impeachment, the Rajapaksas could have replaced her with another Supreme Court justice or a legal luminary with some degree of independence. Instead they chose Mohan Peiris, a man infamous as a Rajapaksa-cipher. By doing so the Rajapaksas indicated clearly the subservient and partisan role allotted to the judiciary in their Sri Lanka.

Shirani backMr. Pieris did not disappoint his masters. He acted not as the Chief Justice of Sri Lanka but as the Rajapaksa Chief Justice. Given this record, his questionable presence in the Temple Trees in the early hours of the morning-after-elections is hardly questionable. As ‘Chief Justice’ he made Sarath N Silva seem a model of probity and rectitude. That is saying quite a lot.

Mr. Pieris could have resigned honourably but he opted not to. Another impeachment with an obviously preordained outcome would have turned the entire procedure into a bad joke.

Perhaps the legal technicality used by the government is a valid one. Still things could have been done in a manner which did not seem so arbitrary, so redolent of abuse of power. At the least, the President could have informed the parliament and the country formally of what he intended to do and why – before it was done. Perhaps parliamentary approval and judicial sanction could have been sought. Such measures may have been nothing more than window-dressings, but their absence bares the excessive use of executive power and of political muscle.

The alleged depredations of Provincial Councillor Azath Salley render the entire saga even uglier. Mr. Pieris has lodged a complaint accusing Mr. Salley of threatening him. That complaint must be investigated speedily and impartially, and if tenable, Mr. Salley must be brought before the law. Mr. Pieris was an execrable chief justice but a system which fails to provide him the protection he is entitled to as a Lankan citizen is no better than him – or his Rajapaksa masters.

Political sins cast very long shadows. The first episode in the ugly drama of the last few days was enacted during the presidency of Chandrika Bandaranaike Kumaratunga. Desiring a more amenable judiciary, she bypassed Justice Mark Fernando and gave the CJ position to her handpicked-favourite, Sarath N Silva. Mr. Fernando had done much to defend the fundamental rights of the citizen against the excesses of the state and the government. He was learned, fearless and impartial. Since there was no way to impugn his impeccable character, it was whispered that his religion (he was a Catholic) made him ‘unsuitable’ to be the Chief Justice and that the Chief Justice should be a Buddhist. Lankan judiciary never recovered from that outrage. (Ironically, a few years later, the JHU used the same ‘religious’ argument to advance the claims of Mahinda Rajapaksa to the premiership, over the far more suitable Lakshman Kadiragarmar).

The new Chief Justice will be the senior-most member of the Supreme Court. That is the only commendable point in this extremely murky saga. That the post of Chief Justice is given according to seniority should be turned into a constitutional provision. Such a provision together with the restoration of independent commissions can hopefully bring to a definitive end the deadly practice of the executive/legislature interfering in the judiciary.

The manner in which Mohan Pieris was ejected must not become another lethal precedent. That danger can be averted only via a new constitutional arrangement which revitalises and strengthens separation of powers.

Premier-Presidentialism

The transition from Rajapaksa familial rule to democratic normalcy is a complex affair due to the very nature of the Rajapaksa project. The Siblings’ goal was to turn the Lankan state into a patrimonial oligarchy. Consequently a conscious effort was made to impose familial dominance on everything, from the military to the judiciary, from the bureaucracy to the economy.

The change Sri Lanka is experiencing is thus more than the standard replacement of one government with another. The National Executive Council (NEC) is a unique experiment born out of the specificity of this conjuncture. In that structure, the JVP and the UNP, the TNA, the SLMC and the JHU are working together with a degree of maturity which would have been unimaginable just a month ago.

This week, the controversial UPFA politician Nishantha Muthuhettigama informed the media that “a Mahinda Rajapaksa era will be born in this country again in three and a half months”[i]. His statement indicates, again, that diehard kith and kin are dreaming/plotting a Mahinda Rajapaksa comeback. Preventing such an outcome is in the interests of not just the former ‘Common Opposition’ but also the post-Rajapaksa SLFP. The new Leader of Opposition too should be brought into the NEC, to render the entity more representative and to increase the isolation of Rajapaksa-diehards within the SLFP/UPFA.

According to media reports the NEC has reached agreement on a constitutional amendment replacing the executive presidency with a dual-executive system. Though details are not available, the new arrangement is likely to veer towards a premier-presidential system rather than a presidential-parliamentary system. A premier-presidential system will mean that the PM and the cabinet are accountable exclusively to the elected parliament. It will also prune many of the presidential powers. The resultant division of executive power between the president and the prime minister in conjunction with the Independent Commissions will restore separation of powers in a more strengthened form and give the Opposition a real say in governance. This new democratic amalgam (including a hybrid electoral system and the Right to Information Act) will create serious systemic impediments to the overweening ambitions of power-hungry political leaders.

Economics enabled Maithripala Sirisena to defeat Mahinda Rajapaksa. Therefore paying attention to economic needs of the ordinary people is essential to prevent a Rajapaksa return to power. So far the new government has acted in a manner which has made people hopeful about significant improvements in their living conditions.

There is a need to make ordinary people, especially among the majority community, understand the degree to which the Rajapaksas abused power and state resources. But the current practice of running hither and thither after rumoured racing cars and sea planes must be replaced with a more orderly and legal effort to uncover Rajapaksa excesses.

Crimes must not go unpunished. But at times like this, the line between justice and revenge can be a very fine one. The new leaders must ensure that their more radical supporters do not overstep that line. Replacing prosecution with persecution would be contrary to ‘good governance’ and intelligent governance.

Zeal for justice must be tempered with doses of mercy, practicality and prudence; enabling the Rajapaksas to don martyrs’ robes will be a bad idea indeed. In the absence of written orders it will be impossible to make legally tenable charges about the alleged coup. But when it comes to the billions the Rajapaksas owe the state for the use of buses, helicopters and media for election purposes – those will be open-and-shut cases indeed.

[i] Ada Derana – News – 26.1.2015

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Latest comments

  • 15
    2

    A Class act by all involved. Reminds me of the movie Becket. The best part is that Shirani will be retiring today. Proves her point and there will be no chance for someone to remove her again. Of course, we are helped by the fact that she Shirani is a woman. Otherwise she would have been 6 feet underground or smoke from a chimney of a crematorium.

    • 22
      30

      Sirisena government is the same old wine in a new bottle: As time passes people will realize that the wine is stale indeed though the label is new.

      JR Jeyawardene locked out the Supreme court judges until they became pliant to his wishes: CBK did a biased appointment as Tisaranee says.

      Now Sirisena removed Peris by high handed means: All these show that Sri Lanka has a political culture of not respecting the highest office of the land, let alone the laws.

      I can guarantee that similar things will happen in the future: Say if Rajapakse comes back to power in a few months’ time using a racial slogan and others, history will repeat, and more viciously.

      As the late Steve Jobs, the Apple co-founder said: Only those in an environment of excellence will understand what is excellence.

      Sri Lanka is case study for democracy gone awry.

      • 5
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        yeah yeah SL is very bad we LTTE are good

        • 17
          8

          Shame on the new government: two wrongs don’t make it right; It will only breed more wrongs!

          • 1
            11

            yeah i know you are really worried about making things right in SL

        • 9
          9

          Brilliant counter. Thanks. That Thiru needed to put in his place.

      • 1
        0

        CBK’s biased appointment -Dr. SB to take her retirement opens new doors for clarity of the issue.
        New CJ I hope will fulfil it being exemplary. THe jouarney to the YAHA PALANAYA- good governance should be born today. Legal analysts will adequately comment on the issue in the days to come. We are not alone -but a member state of the CW. As they made it very clear – not once repeated times in the recent past – once commonwealth standards are reset only, improvement towards human rights can work. Let s hope the best for the country s future.

      • 1
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        You have forgotten to add MR to this list that he removed then CJ Shirani B and appoint other opportunist.

      • 0
        0

        I agree with your thoughts.

    • 1
      1

      having gone through all the steps taken by lAWyers association, any right thinking ones would feel – the way it moves is should be within the situation that the current De facto CJ seems to stay stick to the position: let alone reacting thorugh his own spokesman – that alone is an illegal act. Lanken CJs have not had SPOKESMEN or Women. The alleged carricature spokesmen of CJ Peris is not familar to lAWYER association as Weliamuna stressed day before yesterday. All in all, the procedures being applied here will be praised by any right respecting ones in and out of the country.

    • 4
      1

      Tisaranee Gunasekara,

      A Chequered Transition

      “Yes, I give the Devil benefit of law, for my own safety’s sake!” – Robert Bolt (A Man for all Seasons)

      Yes, give the Devil, his day in court, to tell his side off the Story.

      Can the non-Devils and devils tell their stories in a Common Sense Ohamplet, Sri Lanka?

      http://en.wikipedia.org/wiki/Common_Sense_%28pamphlet%29

      Common Sense (pamphlet)

      Non-Devils and Devils Common Sense (pamphlet) Sri Lanka.

      Okkoma Yakku?

  • 12
    3

    “That the post of Chief Justice is given according to seniority should be turned into a constitutional provision. “

    This would stop brilliance from taking positions. It happens at China it happens in the west too. Older folk don’t like research and would stop any brilliant one coming forward unless its their own kith and kin.

    Why do you think we go into our professions or private than government service??
    why is there brain drain in the country??

    It should be a series of test at that moment in time to select the best available.

    • 5
      3

      We all like appointment by merit, but in public service appointment by merit has been made into appointment by favouratism. We sincerely feel that merit should be the criteria but then politicians, top bureaucracy uses it to give appointments to those whom they like. In this case not only politicians but senior public servants also misuse this concept. It is an excuse to push the favourites. Better stick to seniority

      • 5
        1

        10 years of experience and 1 year of experience what does it say but spent waiting and waiting.

        Chinese Orthopedic from US drank 10p cheap soup for 2 years to break the Guinness book of records 4 joints in one go and made the wheel chair user walk again- painful but true seen it.
        All the old men above him refuse to let him have funds till Space Centre profs helped him out – its nuclear medicine.
        today he conducts that same operation remotely Beijing shanghai.

        It’s the culture of the rich to send their kids to the west while degrading standards at home and also promoting national language which takes one nowhere but internal gossip- so that they familial may rule. This must change and that is what INGO’s must promote.

      • 0
        0

        Appointment of CJ and all the other courts chief judges must be on the seniority. But their period must be limited to 3 years. After 3 years if not promoted to the next level, if they like they can retire or can still serve as a senior judge until he reach his retirement age. If it is a premature retirement before reaching the retirement age he must be given all entitlements belongs to the position he held until he reach his retirement age. For example if present CJ Shirani Bandaranayaka didn’t retire willingly she may be the CJ for another 9 years. It is far too long period for single person to stay in any position.

  • 5
    14

    This looser never quit!
    Now his advise should be very much valuable to the Medamulana thugs,
    I am impatient to see all these corrupt opportunists to be locked behind bars.
    1. Looting public funds
    2. abusing state media and spreading falsehood on stat media at the cost of Tax payers ( Especially Dayan)
    3. I am also impatient to see the end of one minister holding may portfolios ( e,g, Arjuna)
    Looks like he is trying to save his brother and his cronies ass
    Pls see to it that Faiser Mustapha will clean the mess in Aviation
    also we should not get Arjuna involved in Sports
    let him ONLY take care of Ports
    that is BIG enough mess
    I am dying to see Rattaran, Priyath Bandu etc behind the bars.!!!!
    Else we should get rid of this Government after 100 days

    Next we sill try may be JVP!!!!

    heh he!! ;-)
    for a change eh??

    aj

    • 10
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      “Next we sill try may be JVP!!!!”

      We have seen the insurrection and if you want to become another north korea go try.

      if you think the communist greeks would get away you must be dreaming- there are 2 american bases with Cardiz spain having the Defence shield for europe. Putin would loose his savings too.

    • 8
      0

      Agee all your comments except, I am not sure I understand “This looser (sic) never quit”.

      Arjuna – not aware he possess the technical or academic skills required for the ministries assigned – even Shipping. Agree he is conflicted.

      Faiser Mustapha – nicknamed by one of the CT commentors as “Paisa Must Appa” – is a questionable appointment. Did Maithripala feel obliged to appoint a Muslim – any Muslim?

      Agree suspected criminals should be quickly investigated and where justified should be brought before the courts.

      Sri Lanka must get away from the Jungle Law and revert to the rule of law.

    • 3
      4

      Thats a good thought. sending people behind bars……
      Where shall we begin? From CBK or Premadasa or JR or Sirimavo’s times?

      There is a good nomination for the post of Chairman/BOI with a superb track record with the Banks……..and he is a Garment manufacturer as well. Wonder from where the Minister unearthed such talent????
      So much for Yahapalanaya.
      Mohan Peiris /Rattaran, Priyath are all history. This I speak of the present times.

    • 6
      0

      “Pls see to it that Faiser Mustapha will clean the mess in Aviation”

      Huh, fat hopes; This is an arch crook himself. Never delivering after charging exorbitant legal fees from hapless clients. To him, all that matters is money, oney and more money. Thats why he has earned himself the name Paisa Must Appah. Keep hoping thatd he will soon take Aviation to the heavens. Fool!

  • 5
    0

    Whether the Rajapaksa’s are political doomed depends on whether the political, financial and criminal offences perpetrated by them are forcefully put into the psyche of the voting public – particularly the Sinhala Buddhist segment. If that is done effectively the Rajapaksa’s will be politically dead and buried. The reasons have already been comprehensively explained in these columns by various people.

    Your statement “Zeal for justice must be tempered with doses of mercy, practicality and prudence” needs further consideration. You are giving the impression that you are assigning the responsibility for this to the Executive. If that this is the case, you are placing manacles on the efficient execution of the functions of the Executive. Their job, inter alia, is bring suspected wrong doers before the courts. It is the job of the courts to adjudicate the case and temper the justice they meet out with “mercy, practicality, and prudence”. If one expects the balla to do the booruwa’s work, one may expect nothing to get done.

    I say, Let the Executive do their work; let the Judiciary do theirs. Let them be mandated to work within the Rule of Law.

  • 5
    3

    ” …the Rajapaksas could have replaced her with another Supreme Court justice or a legal luminary with some degree of independence…”
    The low-IQ Rajapakse clique have reached out to some eminent lawyers to fill in the position, via middlemen lawyers. But it is to the fortune of this country more than one of them have rebuffed the Rajapakses invite. The country must be made aware of the identity of these fine gentlemen who did not succumb to temptation but preferred to protect the judicial process.

    Whatever Mohan Peiris’s excesses Azath Sally should not be allowed to take the law into his hands. This semi-literate thug should be brought to book so that our political culture remains intact. Peiris is entitled to the protection of the law that he, in many ways, denied to many – to please his political masters.

    “Economics enabled Maithripala Sirisena to defeat Mahinda Rajapaksa..” But the Sinhala media and Rajapakse supporters tell a different story.
    They try to work up racial hatred against the Tamils and the Muslims.
    The shrewd Mahinda Rajapakse, all too aware of the blood-lust of the
    Sinhala South against the minorities, began stoking the fires of racialism the moment he left Temple Trees to his home at Medamulana.
    He, his family and close cohorts – can be expected to rouse up the extreme Buddhist clergy and ultra-Sinhala nationalists along these lines as the months ahead pass by. The truth is much of the Sinhala urban voters went against Rajapakse stung by the punishing rise in
    food prices. The venal Rajapakse family cannot be expected to know about the pangs of hunger of the ordinary masses. They were living in a world created for them by those surrounding them with the false premise the country, in all four corners, is enamoured with the Rajapakse familial rule. It is necessary to bring out the gorier details of how the Rajapakse family and those close to them stole the bone marrow of this poor country in the past few years. The people must also be told how close we were to becoming a fully Police State with a Gothabaya Rajapakse, showing maniacal tendencies, all set to reach that goal.

    Kettikaran

  • 4
    4

    I don’t think it is right to appoint Sri Pavan, another stooge of Rajapakse as the CJ. This man and the rest are nothing but the Yes men and women occupying the Supreme Court at Public expense.

    Every dirty work Mohan Peiris did was simply tolerated and encouraged by all the other Judges, including the Moan Peiris’s Opinion on the 18th Amendment.

    People want absolutely independant and vibrant Judiciary not just another group of subservient group of people as Judges at the Apex Court.

  • 5
    1

    Thank you very much Tisaranee Gunasekara.
    You beautifully and profoundly have written this article with true facts.

    Hope our next Chief Justice, according to my knowledge Senior Justice Mr. Sripavan will be appointed as our most suitable and competent Chief Justice.

    Without racial discrimination and religious prejudice, we must treat all as our citizens.

    In the past, nearly ten years Mahinda Rajapaksa destroyed our country.

    Everything has been drastically and dramatically changed and transformed into ups and downs, chaotic and topsy-turvy.

    It is great and proud to say we are going to have a Lawful and respectable Chief Justice.

  • 5
    14

    Just watch what is going to happen to Sira himself, if Sambandan and Sumanathiran don’t get their Eelaam, after the Election…

    • 7
      3

      You wanted to know. So let me tell you. Sumanthiran will do you orally and Sambandan will do you from rear.

    • 1
      0

      “So what” in the eloquent words of Gota.. TNA has also to get something,
      is it not? This is in keeping with progressive changes as required
      under present world democracy. You with the Rajapakses brought this
      to its climax. So shut up and await decency in Governance.

  • 6
    3

    Azath Salley did yeoman service for the Muslim Community of Sri Lanka, during the height of the Gnanasara depradations against the Community. We appreciate him.

    One cannot help but note with dismay the undue slant you have given to the visit of Azath Salley to Mohan Peiris, after a prior appointment made and acknowledged.

    It is possible that during the visit Azath Salley asked Mohan Peiris to resign his post.

    Peiris has been insulted and abused by so many people at so many times. But Peiris chose to report to the Police only Azath Salley, knowing very well, his rescuers will be few.

    How many people have called him a thief, a cheat and much more. As the Chief Justice he knows the law of defamation allows him to sue CT and other Media for carrying articles regularly calling him a “Cheat Justice”. Why does he choose to resort to the law only against Azath Salley?

    Your phrase “alleged depredations of Provincial Councillor Azath Salley” illuminates your mind set. The Oxford dictionary defines “depradation” as “An act of attacking or plundering”. Tissaranee do you think it is justified to say Azath Salley attacked and plundered Mohan Peiris?

    Since no one knows who you are really, one has to wonder whether you are a Catholic, hurting that a fellow Catholic is being reviled. Not that Mohan Peiris doesn’t deserve it.

    • 5
      8

      ha ha you point that Mohan Pieris’s allgeation against Azath was done because of his belief.

      And now you say Thisaranee asking to investigate his misconduct is because Thisaranee might be a catholic. Dont you think you sound hypocritical?

      The manner this government handled CJ affair is distasteful and more Rajapakse like. I agree with her.

      And asking to investigate Azath Sally’s alleged threatening is not wrong. Such things cannot be tolerated in good governance.

      • 5
        2

        Sach I have watched your comments. You do not have what is required to understand a comment in its context. Matter of fact you cannot even understand the literal meaning.

        I did not say Mohan Peiris complained against Azath because he was a Muslim. I said Azath was an easy picking (I am sure you do not know the meaning of that phrase – so please reach for Dr Google. Muslim politicians hate him because he has the balls to do what they can’t. The Sinhala politicians don’t want to defend him because that will alienate the chauvinist Buddhist opinion. Mohan picked on Azath because hardly anyone will come to his defence. He was easy prey for that reason; not because he was a Muslim.

        And I did not say investigating Azath’s alleged act of threatening was wrong. In fact all unlawful acts including threatening individuals must be investigated. Question was why let the powerful off, for example, like the Bar Association, Ministers, even the President asking him to resign, and the JVP threatening him with dire conssequences?

        A brilliant writer (so far) such as Tisaranee would not have normally used the word “depradation” to describe this incident, as they was no plunder of anything involved. There was no depradation.

        I suspected there was a hint that his or her thinking was colored, prejudiced, biased. That is why I asked whether the intention to cause mischief was triggered in one Catholic by witnessing the pain suffered by another Catholic. Tisaranee must come forward and defend, offer an explanation, or apologize. It is going to affect the esteem enjoyed by Tisaranee in these columns.

        Re your comment: “The manner this government handled CJ affair is distasteful and more Rajapakse like.”

        The Government has handled the Mohan Peiris affair with extreme patience and in a highly technically appropriate manner that cannot be faulted. Mohan Peiris was put on that bench unlawfully by Rajapaksa, after unlawfully evicting CJ43 through a so-called impeachment held invalid by the Court of Appeal. He had no right to sit there. CJ 43 was at that time the CJ and still is. By bringing back the legal, legitimate CJ 43 a grave injustice has been undone, at the same time removing a USURPER.

        Mohan Peiris should know the law. If he has been wronged he should seek redress in the Courts. If he doesn’t it will only mean he accepts he was a usurper and that he has no redress under the law.

        Sach, I know that all what I have written here is beyond your ken. But this is written in defence of myself and for the benefit of CT readers with normal intelligence.

        • 3
          9

          Normally in CT when hypocrites are disclosed, the others lack intelligence and don’t have what it takes to understand the comment..:)

          It is quite apparent what you meant though you try to twist it. What you suggested is Azath Sally is an easy target because he defends muslims and then because he is a muslim. Isnt that attempting to trivialize what Azath is alleged to have done.

          JVP, president, bar association had requested and even protested that ex CJ should step down. Protesting is a right in this country while threatening is not. I guess given your self professed high intelligence you can distinguish between the two.

          It is sad if elected Muslim politicians did not stand against BBS and gov. It does not mean you need to jump into defend every wrong by a politician who stood upto BBS. Even TG hasnt mention Azath has done it. So you really need not jump to defend something which you have no knowledge of and did not experience. what is wrong in requesting to investigate the alleged threat by Azath?

          And get real. You did take a cheap shot at TG saying she is standing up to a fellow Catholic.

          If you follow my comments read them a lot. That might help you.

          • 3
            1

            I told you that you wouldn’t understand. Your mind is not up to it. Show the comments of either side to your Sunday School teacher and ask him to explain to you your error. My time is precious. I cannot waste it on you.

            • 3
              0

              Navin

              “I told you that you wouldn’t understand. Your mind is not up to it.”

              Are you talking to a b(p)rick in the wall? If you are not when did you start talking to yourself?

            • 0
              0

              So Navin is Ahmed Reza :) that is a revelation…..wise boy!

              This may be awkward to you we dont depend on sunday school masters or any religious leaders to understand what we read….we think for ourselves..

              Anyway bye Navin, aka Reza

  • 2
    1

    This time around i fully agree with TG.

  • 4
    13

    Just imagine what Bathudeen will do if Hakeem doesn’t get their Islamic State in the East.

    • 1
      2

      He [Edited out]the Sumanes.

    • 7
      2

      “”Just imagine what??””

      Sumane looking at their Deen to be so Keen like a Dalit looking in the eye
      because we never go out of style.
      We never go out of style.
      They can never do with or without.

  • 3
    0

    As TG’s rightly points out, this removal/appointment has left a bad taste in the mouth. It appears that the CJ’s presence at Temple Trees on the 9th was not sufficient grounds for a quick and clean change. The very rumour that he was to be rewarded for his pains with a posting to Rome is abominable and sadly shows that the PM is not averse to horse trading with whomever he pleases. That kind of behavior undermines the moral high ground that was a constant refrain of the MS campaign.

    Despite the fact that what has transpired being strictly legal I hope that this Government pays heed to the practices and procedures laid out in statutes/regulations in their future actions, for if not, they will not be able to avoid the taint of engaging in vendettas and witch hunts as did the previous regime.

    • 4
      2

      Aney Bando koheda yanne malle pol.

      You forgot that CJ Shirani was illegally, forcibly removed by Mara because she refused to bed with him, i.e. ok the divineguma legis. What kind of stench it left in the whole of Sri Lanka?

      It was easy for Tisaranee to say and for you to agree the manner of Mohan P’s removal did not look good. The bugger did not quit despite being asked by virtually everyone. The guy was an imposter, a usurper. Why give him any importance by removing him with a 2/3rd majority of Parliament, although not impossible. Now he should be asked to reimburse all the money he has got from the Government.

      Tisaranee must have had some biological problem when this article was written. She (?) usually is good. But this article sloppy; lopsided and unbalanced. Seems motivated by anything but fairness, the usual trait of the writer. Carelessly written. The reference to Azath Salley in the Article was uncalled for.

      Shame on those CT readers who rush to commend Articles written with no care.

      • 0
        0

        ho ho calm down Ahmed reza….

  • 3
    1

    @K A Sumanasekera
    ‘cry baby cry go tell your (ex) handlers that CT crowd making fun of you ‘

  • 5
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    Mr Sumanasekara, with due regard I must say that the allegation level against Mr Sumanthiran and Mr Sambanthan is not well founded at all.

    To my understanding they have consented to drop even northern provincial council system and to administer northern territory under a Cabinet Minister like Hon’ Vigneshvaran appointed to the Nothern Region with adequate power given to use all resources including external resources that should be channelled through the centre and develop the northern region. They have in fact indicated to the centre that they are happier to be a part of Sri Lanka with no objection raise about the defence establishments in Jaffna like any other part of Sri Lanka.

    • 4
      2

      Don’t worry about Sumane. He is going to be fixed from front and from behind simultaneously by Sumanthiran and Sambandan.

      Thank you very much.

    • 0
      1

      Mr Vishwamithra,

      Have your mates made any well founded allegations, even after sneaking in to power with the help of naive Sinhala Buddhist inhabitants, who follow Venerables Rathne and Sobitha ?

      • 0
        0

        K.A Sumanasekera

        “even after sneaking in to power with the help of naive Sinhala Buddhist inhabitants,”

        The Sinhala/Buddhist not only naive but very stupid indeed. Otherwise they would not have allowed the racists to plunder the island, tolerate privately owned cache of arms, cash stashed in foreign banks, invested in luxury houses, …………. and put up with you.

  • 3
    0

    The rot actually unprecedentedly started with Sarath Silva. It not necessary to have a Chief Justice drawn from the judiciary. Neville Samarakoon was good example in recent times though he was forced to quit on account of political machinations. It is interesting to recall what the controversially famous “peoples judge” Lord Justice Denning had to say when asked what might be the qualities of a good judge. He said: “Above all a good judge must be a thorough gentleman but if he know bit of law, all the better.” This is indeed a classic. Surely there are “Gentlemen and Ladies” in Sri Lanka who would satisfy this requirement.Bensen

    • 2
      0

      Bensen

      You mean you prefer goda perakadoruwas to sit on the Supreme Court Bench?

      In the context of this discussion thread, your reference to Lord Denning was hilarious.

      Do not stray into unknown territory. Elementary, my dear Watson, sorry, Bensen.

  • 4
    3

    “Azath Salley did yeoman service for the Muslim Community of Sri Lanka, during the height of the Gnanasara depradations against the Community. We appreciate him. …. But the problem is Azath salley’s Maligawatte mentality & upbringing can not be changed like the pigs tail can not be straightened.
    What wrong has Mohan Peiris done to salley for him to react in that manner.
    Asath salley must be sent to keep company with thevapperuma.
    Illegal or otherwise, Mohan.P was known as the CJ who had served AG’s department as a recognised State Counsel.

    TissaRanee…….. You can not refer to “Ifs” & “But” in your writings. If we all had prior knowledge of the ifs & buts the World would have been a different place and the Rajapakshes would have still be wielding power.

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      Thondamannar,

      The pig’s tail does not need straightening. Go to the pigsty (your backyard) and take a look. What requires straightening is your tail, like the dog’s tail. Turn back and look.

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        someone is badly hurt ……..LOL

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    Again you right on the money TS.

    However, the issue regarding the allege coup should be investigated by a commission of inquiry and truth must be brought out, people have the right know what had happened, after all it was their right to chose a head of state was about to be violated, if not for a few brave men and woman stood up for what they believed was right. Not doing so would leave the AG a liar, who had prevented a calamity, and will not do any justice for risk he exposed himself. What kind of message does it give to those who might face similar situation in future?. Would they bend and collaborate, or opt to resist. Not saying all those involved should be punished, but there seems to exist a strong case to be investigated and get to the bottom of it. Legal opinion at mid night, the presence of CJ and GLP, etc. all adds up to there was at least something attempted.

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    I am perturbed the way Mohan P was thrown out. If there was a flaw in the impeachment that could have been done without Satyagraha and all the shouting that went around. We need not have all these unpleasant stuff

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      Take a panadol and go to sleep.

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      Law is an open book for outlaws to break at will.
      The very best turn black to white and white to black.
      Running example is of Chandigarh Tamil whom manmohan’s wife and daughter could not lure back like the governor reserve back of India Madya pradesh Tamil.
      Sri Sri Sri famous for Enron case (for accused)now sitting judge Columbian district court judge appointed unopposed by both Republicans and Democrats and is tipped to be the US supreme court judge by 2016
      (simple father professor of maths and mum art teacher to IT prof US)

      You can be assured there is someone out there of any ethinic to prove that Peiris was a farce- former UN chief a judge called him a liar to his face- a shameless baboon a disgrace to a nation.

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    I am perturbed the way Mohan P was thrown out. If there was a flaw in the impeachment that could have been done without Satyagraha and all the shouting that went around. We need not have all these unpleasant stuff if the appointment of former cj was constitutionally correct. Some mystery

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    TG

    It is not a Chequered Transition but a Transition followed by Abuses by previous Regime Checked. Let me explain.

    1) Mohan Pieris had to go. Unfortunately the means used to eject him seem too Rajapaksa-like for comfort.

    *** The removal of Mohan Pieris MRs Stooge was not Rajapaksa like because:

    The rule that GOSL backed by PSC had no power to appoint Mohan Pieris which was not expressly or impliedly authorised by its constitution – was “ULTRA VIRES”.
    So his removal was not unconstitutional.

    2) After they got rid of Shirani Bandaranayake through an illegal-impeachment, the Rajapaksas could have replaced her with another Supreme Court justice or a legal luminary with some degree of independence.

    *** The above is a joke as MR and the Judiciary were conjoined.

    3) The manner in which Mohan Pieris was ejected must not become another lethal precedent. That danger can be averted only via a new constitutional arrangement which revitalises and strengthens separation of powers.

    *** The above was a bad dream.

    4) This week, the controversial UPFA politician Nishantha Muthuhettigama informed the media that “a Mahinda Rajapaksa era will be born in this country again in three and a half months”[i]. His statement indicates, again, that diehard kith and kin are dreaming/plotting a Mahinda Rajapaksa comeback. Preventing such an outcome is in the interests of not just the former ‘Common Opposition’ but also the post-Rajapaksa SLFP.

    *** The above is a possibility with the Majority of the Majority opting for MR but after March when UNHCR delivers its verdict MR will become an untouchable and will be out of bounds.

    5) Economics enabled Maithripala Sirisena to defeat Mahinda Rajapaksa. Therefore paying attention to economic needs of the ordinary people is essential to prevent a Rajapaksa return to power.

    *** Sleep peacefully MR is not coming back as he is looking in to the abyss both internally and internationally.

    6) Crimes must not go unpunished. But at times like this, the line between justice and revenge can be a very fine one. The new leaders must ensure that their more radical supporters do not overstep that line. Replacing prosecution with persecution would be contrary to ‘good governance’ and intelligent governance.

    *** Ordinary crime must be punished but Crimes against humanity must not only be punished but also be avenged.
    Persecution is based on your Ethnicity, Religion or Political believe and the Tamils cant and wont be non state agents of persecution although you could have labelled LTTE as non state agents of persecution. But with the threesome ( MS, RW and Mangala ) in charge I am confident that Prosecution will be the order of the day.
    I hope that at last Sinhala Lanka is lurching towards civilisation but there is long way to go.

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    CBK bypassed Mark Fernando because the latter was head of a triumvirate of judges who held that CBK (and Anuruddha Ratwatte & Anura Banadaranaike)voting from her residence in 2001 parliamentary election was against the law.
    They also fined the commander of the army,& the commissioner of elections.
    They also granted seven (representative) voters, damages payable personally by the army commander and the commissioner of elections.

    http://www.tamilnet.com/art.html?catid=13&artid=8600

    Will we ever have judges of this calibre.

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    …”As CJ he made Sarath N. Silva a model of rectitude and probity”
    Brilliant.
    Even ,Victor Ivan’ s book ‘ An Unfinished Struggle’ wil not be able to beat that.

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    There was no resolution of parliament to remove Shirani B. So she continues to be CJ. It follows that Mohan Pieris was an usurper and his removal does not arise. During his illegal occupation of the CJ’s seat, his conduct was disgraceful. It is only poetic justice that he had to go out in a similar manner.

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    Enough chances were given to Mohan Pieris to bow out gracefully. He was defiant and stuck to his position shamelessly. Sometimes a thorn has to be used to remove another thorn. That is what has been done. A little bit of window dressing would have mattered little. A long drawn out impeachment process would have helped only the villains!

    Sengodan. M

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    Tisaranee,

    The legal point that Mohan Pieris’ appointment was null and void is sound. Although I am not a lawyer, I have considerable experience in the law, including appearing for myself in some civil cases in US courts, and I see nothing wrong with the manner in which it was done.

    Given the way the previous regime and Pieris abused the system, a little bit of stealth to give a taste of his own medicine to the latter, as long as it is legal, is not wrong.

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    Appointment of Mohan Peiris was void. Therefore if his resignation is accepted, then the govt is accepting him as a CJ. That is not legal. Therefore, they just appointed a new CJ.

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