22 January, 2018

Blog

A Comprehensive Understanding Of Non-Interference With Judiciary Is A Dire Need In Sri Lanka

By Nagananda Kodituwakku and Basil Fernando

It was heartening to hear from the incumbent Chief Justice, Priyasath Dep, that Sri Lanka’s judiciary is free from any interference. This statement comes as a relief, given that we can recall a long period of the most despicable forms of the interference with the judiciary in Sri Lanka and how, unfortunately, even the Supreme Court learned to adjust to such interference. It all started with JR Jayawardene, the first Executive President, who believed that being the Executive President meant having the judiciary under his thumb. The whole constitutional design was changed to achieve this purpose. Unfortunately, this constitutional design still remains intact. Other Executive Presidents followed President Jayewardene’s example since then. 

The worst betrayal of the very notion of the independence of the judiciary happened when a Chief Justice – Sarath Nanda Silva as Chief Justice – sacrificed the very notion of an independent judiciary and became a servant of the Executive Presidential system.  The then government made the path clear for him by leapfrogging him from the office of President of the Court of Appeal to the office of the Chief Justice.

In a most sophisticated way, he sacrificed the independence of the judiciary by severing the procedural law from the substantive law, thereby making procedural law a plaything in the hands of the Executive President. This, accompanied by the most dramatic forms of bullying of the lawyers, and also some litigants, created a very abnormal judicial system in Sri Lanka. The most glaring examples of this bullying were the two cases relating to contempt of court, which brought Sri Lanka into international disrepute. The cases were those relating to Michael Emmanuel Fernando (known to the public as Tony Fernando) and SB Dissanayake, who was then a minister in Chandrika Bandaranaike’s cabinet. The United Nations Human Rights Committee, in their Opinions, condemned both these judgements of the Supreme Court, declaring them to be violations of the human rights of the two persons concerned and recommending to the Sri Lankan government that they should make contempt of court laws in keeping with international norms and standards.

The trend of interference took an even uglier form during the regimes of Mahinda Rajapaksa. The culmination of this was the creation of a Chief Justice with the name Mohan Pieris, who even went before the newly elected government of Maithripala Sirisena to declare that he was willing to do anything that the Executive wanted him to. Such is the sad tale of the interferences with the independence of the judiciary in Sri Lanka. What Mohan Pieris was saying to the new government was that he was willing to do what he did for Mahinda Rajapaksa’s regime. It is a credit to the new government that they not only rejected the offer, but that both President and Prime Minister themselves stated publicly the offer being made by Mohan Pieris. Under these circumstances, it is further heartening to hear from the incumbent Chief Justice that there is no longer any such interference with the judiciary.

However, the issue that needs to be considered is that such long years of terrible interference do not fail to leave traces within the system. What is required of any people concerned about what is at risk when the judiciary is interfered with is to do their utmost to reflect, in the most honest fashion possible, as to whether everything of such a dark period has been erased and gotten rid of so quickly.

In this, it is essential to consider what interference with the judiciary means in a comprehensive sense. Interference does not merely mean not receiving telephone calls and other forms of direct instructions on how judges should decide cases. The real test is as to whether the system of law and the administration of justice have gotten back to the point where it can be honestly claimed that the system functions well and that every element of the system has gotten rid of the corruption that it had been exposed to. Such victories should not be lightly claimed for all aspects of individual freedoms and the whole life of the nation depends on such things, like the way blood runs through the human body. The most essential element to consider is whether the competence of the judiciary that has suffered past interference has been restored fully.

In scrutinizing this aspect, it is essential to consider the fact that one of the most prominent ways of interfering with the judiciary was to make political choices about judicial appointments. For a litigant that goes before the courts, and for the lawyers who represent them, their faith in the system will very much depend on their belief that the judiciary has overcome the problems of the unprincipled way in which some judges were appointed in the not-so-distant past and that the practice has been brought to an end. This task of scrutinizing the system is not only a task for the Executive, but also for the Judiciary itself, and also the legal profession and the public at large. They should all be able to say that a damned and dark period is over, and that we are in a period where new light is shining. The real question is as to whether such a claim can be made honestly.

Does the legal process in Sri Lanka function sufficiently well that we could claim today that the due process of law can be assured within our system? If one is to go by the large numbers of litigants, who are the ultimate judges on this issue, we cannot yet claim such a situation has dawned.

There is an even clearer test. Can it be said that the administrative and political systems of Sri Lanka have gotten rid of corruption as a major issue? Of course, given the level of corruption that prevails throughout society, no one can claim that we have arrived at that point. The test of the independence of the judiciary is the test of the efficiency of the legal system to control corruption, abuse of power and the interferences into the freedoms of the individual. 

The real test that the system is beyond the interference of anybody is, ultimately, whether the administration of justice is functioning well. In a practical sense, the test is as to whether the country’s corruption-control body (CIABOC) is adequately competent and efficient to investigate allegations of corruption and prosecute the cases successfully.  If the CIABOC is at fault, the country’s judiciary shall take it to task.

The recent report furnished to the UN High Commissioner for Human Rights by the activist-lawyer, Nagananda Kodituwakku, who fights government corruption in all three organs of the government suggests that there is a long way to go to.

Print Friendly, PDF & Email

Latest comments

  • 2
    14

    So far, I can trust Naganada Kodithuwakku but not Basil Fernando. Absoloute non interference is harming the country. There is no country in the world that has absolute free judiciary. Always it accommodates deep state needs. Judiciary should not involve ion international politics.

    • 8
      0

      Amazing what you state here Jim about there being no independent judiciary anywhere. Better state it even more softly so that no one hears.

    • 3
      1

      Non interference ? What Nonsence?
      What happened when the Law and GOSL made the decision in “Burning of a Body in the Esplanade of Hindu Heartland””
      Pathetic Barbaric Decision made by you Sirs! The Lawmakers of SL insisting on burning of the body of the Nagadipa thero’s remains on a Public Esplanade in Jaffna was a Blatant Injustice served against the a Holy Religion and its people.!!
      Culturally it’s a No , No.
      When a death occurs among the Hindus the body is taken away after the rituals to a lonely land , far away from the children and women for the actual cremation.

      I know the Barbaric custom is observed in the South .
      Mainly the burning of a Buddhist Monk is celebrated under Pomp and Pageantry.
      This is not the type of MOURNING AMONG HINDUS!! Not even among the HOLY HINDU PRIESTS!!!
      Ancient Hindu Custom had been violated here!!
      Shame on the Law makers of SL for trivialising of an ancient Religion.

      May the curse fall upon on those Responsible for Burning of a Dead Body in Public View of all to watch by Force in this act of ‘” Public Burning Of a Pyre of a Monk.
      You may have won the case and made your point , go home sitting happily ??

      Never ever been in The history of the Religion in the North of SL , this kind of act had taken place.

      MOURNING OF A DEAD HAS BECOME A JOKE, IN THE ACT ,, THE G O S L HAS DISGRACED A RELIGION AND THE PEOPLE.

      NOW WHO WILL PICK UP THIS MATTER OF CRUELTY TO HINDU RELIGION AND TO THE PEOPLE WHO WERE FORCED TO WATCH THIS CRUELTY AGAINST THEIR RELIGION ??
      Anyone there???

      • 2
        1

        https://www.youtube.com/watch?v=zOIiy0PZR74

        Here is the video of The eastern province governor’s wife abusing Tamil devotees at a sacred Hindu temple , when they requested her to remove her slippers. This is the same temple that two Buddhist monks from the Seruvila temple , at the behest of the Sirisena government and the Sri Lankan navy are now making false claims , that this ancient Hindu temple site is a Sinhalese Buddhist site. Sinhalese Buddhist site indeed when , there were hardly any Sinhalese in the east before the 1950s . You can see how this arrogant woman and the ruling Sinhalese elite are treating the ordinary Tamils in the north and east. She is abusing them and filming them , so that they can be later harassed by the Police and armed forces. Even ordinary Sinhalese police have removed their shoes but this woman does not and treats Tamil Hindus like dirt. This Sinhalese governor and his racist harlot and the occupying Sinhalese armed forces and police need to be removed from the north and east

        • 1
          0

          Even the Queen of England when she visited holy places she removed her shoes and walked with Just A Pair of Socks.

          Who the hell is this shit of a wife is of bull shit governor refusing to take shoes at a holiest premises of Hindus??
          Every woman had to wear clothes appropriately at any Buddhist vihares, let alone the British Tourist who was banged up or sent back from Holy SL for having Tattoo of Buddha??
          One rule for one , another rule for uneducated mongrel of a wife of the Governor.
          Shame on him.
          This is what we get when Uneducated, Uncultured village idiots in POWER.
          NO RESPECT FOR RELIGIOUS PLACES EVEN.
          IDIOTS IN POWER.

          • 1
            0

            These are the Remnants from the Portugese women Kusiammas now walking round pretending to be Buddha savers !!
            These Uneducated and Uncultured women are either in Power or married to Power by hook or by crook.
            Qualification to be in Power is to receive a bogus certificate similar to Namal and Father Lawyer as LOWYERS LLB OF SRILANKA.

            The woman on the YouTube video above looked certainly like a Monster going on a Night out looking for pimps ! Certainly not to a HOLY HINDU RELIGIOUS TEMPLE.
            SHE SHOULD BE QUESTIONED FOR HER BARBARIC BEHAVIOUR.

        • 0
          0

          This is the reason why Tamils should get full Police and land powers to prevent such atrocity. Could this lady have done it, if writ of Tamils ran in the area. She would have been held by the nape of her neck and thrown out and arrested on a charge of committing hatred. North and east must be brought under UN peace keeping force immediately until Tamils take over the control.

          • 1
            0

            MR Nagananda
            When BBS goes Berserk the Security services goes Bonkus so too the Judiciary of SL goes more Beserk they decide on the Jungle Law.
            Are we talking about that Law Mr NK??
            How do you expect the Judiciary to act Dire Straight in SL?
            Don’t they all live in others pockets ? Do they follow the law books they sworn in at the Graduation ?
            Only a Yellow robed monster need to get agitated in the name of Lord Buddha , the Law gets broken the Jungle Law takes precedent.
            Not a good sign sir!!
            In a Lawless society of where the Law is not respected not even by those who promised to take up the Profession under Oath to Themis the Godess of Justice have all been a humbug. Yes a humbug.

      • 0
        0

        Sri Lanka is a country where one bumps into criminals at every nook and corner in the state structure. The corruption methodically that was implemented throughout a span of 70 years by the Govigama rule has taken away all the decent people that was left in political arena and in the state structure leaving the stray dogs and swines to take control of everything in the land. Judiciary is the first victim of this disease and most of the Lawyers and the judges are acolytes of the rogue Govigama political elites.

    • 2
      0

      Lankens are jokers.

      Even today, we have not seen anyone who perpetrated high crimes to have been caught by lanken investigations.

      So in such environment, how can we ever keep hopes on future to serve justice to the folks ?

      Jim softy, Basil fernando is one of the good activists who would do anything and everything to reveal lot.

      At the time, your MAFIA king did all harm to the nation, not even safeguarding the basice human right, as common woealth men louded on and on, he was one among that came forward to reveal the ground realites of Rajapakshe rotten srilanka.

    • 3
      0

      While the Lawyers Celebrate their unlawful Loot as in picture above!!!
      How about dragging a case by these Greedy Lawyers @Rs 50 thousand a session for years and years for never ending cases.
      But the Greedy Lawyers get rich by Billions of Rupees on a case unsolved for years.
      Is there a shortage of lawyers ? Or just the Greed in the Profession?? Just like the Greedy Doctors in Cloaks and the Greedy Lawyers in their ridiculous Costume which has no meaning in the profession other than the ancient profession called Prostitution.!
      Hah! Hah! Enjoy the Loots Sirs!!

  • 2
    8

    Sri lanka had a bribary commission. they never worked. what about prosecuting the bosses of that. CIABOC should be only answerable to president and not to the parliament. PResident should answer the public when that is not functioning. Anyway, Mahinda Rajapakse also had a bribery commission which never worked.

    • 5
      3

      Ado Jimba Shitty, this article is about the judiciary. I am wondering what a country bumpkin like you is doing here? So what are you doing here donkey? Don’t you have any racist remarks to write somewhere in some village Sinhala newspaper where the maha sangha can read your dumb comments, where the maha sangha is also filled with clowns like you.

  • 12
    3

    Are you joking ..as long as executive president system is in Sri Lanka you will never have such thing called political interference in judiciary..
    What a joke you’re taking .
    Look JR took way civic right of Sri ma. Premada killed JVP leaders and thousands of them..
    MR looted public money ..all happened while Atrrney Generls were sleeping in bar courts.
    Are realistic persons when you write these things ..
    Please change politics and bring JVP into power if you want to do this ..

  • 10
    0

    NK & BF.
    Apt and V. Good write up.
    ” long way to go” is an understatement.
    The culture of impunity has got to change.
    That is a tall order.

  • 10
    0

    Dear Naga and Basil, Is it accurate to say that Sarath Silva was catapulted from the President of Court of Appeal to Chief Justice? My memory tells me that Sarath was a co-respondent in a divorce case filed when he was a judge of the Court of Appeal. The case at the District Court level was squashed through judicial thuggery. President Wijetunge did not want him to be appointed as the President of the Court of Appeal because of the disgraceful wife stealing incident. Who interceded on Sarath’s behalf to President Wijetunge for the appointment? The answer is one of Sarath’s former bosses, now a Cabinet Minister. Subsequently Sarath was promoted as a Judge of the Supreme Court. Isn’t that so Naga! In 1994 there was the change of Government. Attorney General left. (Circumstances not clear). The next in line, the Solicitor General retired. Wasn’t an ex-Academician turned politician instrumental in bringing Sarath down from the Supreme Court Bench to the position of AG and what was the deal? The deal has to be that the next CJ should be him if he is to come down as AG thus bypassing the most senior Judge of the Supreme Court. However, making use of the precedent to appoint the AG as the next CJ, Sarath took up the CJ’s position by passing Mark Fernando. After that did not Mark Fernando prematurely leave the bench? Naga and Basil! Independence of Judiciary definitely cannot be protected by the rump that steal other people’s spouses and date with people behind bushes of Diyawanna. Rule No.1: people appointed to the Bench must have a good moral character.

    • 6
      0

      @Good Sense

      You are entirely correct when you say that SN Silva became CJ from the post of AG. he had long since left the Court of Appeal. So that was a careless mistake in the article by Naga and Basil. Your other facts are also correct.

      But Rule No 1 should be that Judges should not have political ambitions! That is where SN erred the most. Morality is relative and difficult to assess. Where many were concerned, if he had acted properly as a judge, no one would have cared what ‘he did in the bushes’!

      We have had other exemplary Chief Justices who did not have impeccable morals!

      • 1
        0

        @Pandu
        Man who can steal other people’s spouses definitely can disregard any principle, including the need for free from political ambitions personal ambitions etc. Michael Palmer, the Singapore Speaker, had to leave not only the position of Speaker and MP but even the membership of the political party for improper moral conduct. Yes! we in Sri Lanka are not bothered about personal life of people holding high office but expect to discharge the duties of office properly. Therefore that is a measure of difference in standards between the two countries. So when the first speaker of the House under Donomore Constitution in Sri Lanka went to jail, the start being made a co-respondent in divorce case gets elected as the first speaker of the house under Soulbury Constitution, it’s OK for us. When we disregard personal conduct those who hold high judicial position will appoint subordinate judges who would want sexual favours from wives of hapless individuals, if not the hubby is in remand for ever. I know that I am requesting for the sky but there is no alternative. A chap engaged in spouse thieving for his pleasure will do any wretched thing for his survival and shamelessly claim that it is he who saved Jarapassa out of that Helping-Hambantota debacle and publicly regret in doing so. Such people can claim “If I can steal a spouse and get away with it why can’t I give judgements the way I want. Conscience! Pooh!”. I am deviating from my “Good Sense” when I say that such Judicial Thugs deserve the punishments in medieval times such as burning in the stake because the damage that they inflict to the society can be greater than the Great Bond Robbery of recent times.

        • 0
          0

          My response was based entirely on personal conduct, @ Good Sense. If some one ‘steals’ someone else’s wife (is the woman NEVER culpable in these cases??) or uses his office for sexual favours as Sarath de Abrew did, that is a violation of the law and a judge should be dismissed forthwith. What I talked about was morality in a relative sense, ie; what someone does with another consenting adult which is what the fuss in the Diyawanna bushes amounted to! So there is a major difference between the two types of conduct.

          But I am not condoning cavorting in the bushes – that is not a proper way to behave. But to my mind, it is far more important to focus on the lack of integrity in office rather than this messy personal stuff.

          • 0
            0

            Alas! The individuals I have come across who were utterly corrupt in the performance of official duties were also corrupt in their personal lives. After all Singapore cannot be that wrong in expecting high standards of personal conduct from individuals in high public positions.

    • 3
      0

      Good Sense & Mama Sinhalam
      The penultimate para in this write up by it’s authors is enough for a concerned reader to know a lot about the current state of the legal system in this country.
      A big applause to you for accurately detailing the progressive decline of the judicial process in this country to it’s present impasse.

  • 5
    0

    The article does not record the progressive decline of the independence of the judiciary which began quite early. First there was the shunting aside of the Tamil Acting Chief Justice Nagalingam and the appointment of Basnayake as chief justice. Then, there were appointments that everyone including school boys knew were unworthy of the job. There was a Pathirana appointed quite early and whenever a decision at a school cricket match that the boys did not like was made, they would shout Ado Pathirana. The slide continued during the Felix Dias/Nihal Jayawickrema ascendancy. Victor Tennekoon had a rough ride. Mark Fernando, an upright judge, had his house stoned by political thugs. GL piers appointed a lady judge who became Chief Justice. Then started the story that is related here. We must have regard to the past context. An irreversible slide has taken place.

  • 13
    1

    This is the reason why we need foreign judges. Not only the judiciary but every sphere of administration and service is corrupt and unprofessional, and inefficient, Even the Minister of Health when he falls sick run to Singapore for treatment.

  • 3
    0

    This is a very good article highlighting the problems in the functioning of the judiciary,but where are the solutions mentioned.We all know the problems,so what is the point of talking about the problem the whole day 365 days of the year.We want solutions to the problem not talking about the problem.Even a village idiot can keep on whingeing about problems but only a truly intellectual and practical person can talk about solutions.For example the article mentions the political appointment of the judges,so how do we end that.Should there be a vote by all lawyers sanctioning that appointment,let us say by at least 80%.If 80% of those in the legal profession are okay with the presidents choice then it should be okay with the people too i suppose.However i’am not in the legal profession but in finance and global investments,so i am not an expert in this subject of law but as a layman using just my common sense for practical problems.it is up to experts like Naga etc to bring out solutions to these problems and keep on dinning it to the dimwit of a politicians ear until public pressure builds up to the extent that they can’t face the people and do some reforms to the rotten system we have.Even their buffalo hides cannot take more than a limit and perseverance is the key to success.The war is over but we as a country are not moving forward.Why is that?Corruption is now the biggest problem that is keeping the country down.jail is the solution.

    • 3
      0

      You have said it Shankar. All judges when appointed newly speak about the Law delays, every New Minister speak about the law delays and promise to remedy it. Unfortunately it is only a political promise giving false hope to lacks of litigants whose cases are pending. Lawyers will never like to expedite the cases.
      Two of my friend have a good experience. One over a FR petition which went on for over 5 years. Hearing Concluded in mid 2016, but verdict has not given even after 18 months. The other, a land case pending . over 46 years. These are just two drops in the ocean. From my experience in the courts, it is Not the Law that causes delays but the system to which a complete overhaul must be made.
      I had some experience in the district courts one in Colombo and the other in Mt.lavinia, where two of us- Members of the Management Corporation appeared in person over an injunction order.. To which the Plaintiffs Objected to our appearing in person. The judge over ruled the objections and the case was withdrawn by the plaintiff. Fortunately the case ended in a couple of months. This is to show that lawyers waste the time on technicalities rather than the issue under question. Unfortunately the litigants time and money is not considered. Changing the judges while hearing a case must be stopped. You cannot blame the judges. Instead the number of judges should be trebled, salaries increased and additional perks given. .

  • 6
    0

    Like many who can afford to go abroad for treatment including the Minister of Health, because standards of health service is poor in this country which the Minister of Health too is aware and did the correct thing for himself by seeking foreign medical attention.

    If we also similarly obtain justice by going abroad through foreign courts am sure many cases will be filed abroad not trusting the judges and lawyers in Sri Lanka.

    • 0
      4

      And to complete the picture Shrikharan why not hand over the country in its entirety to a foreign power? Then you could have foreign health, foreign judges, foreign ministers aplenty, and also foreign tarts!, isn’t that nice Shrikharan? And would you not be elated if that foreign power is INDIA? You have brains of a budgeriar or may be you are “upstairs vacant”!!

  • 7
    0

    If Judiciary is so independent in Sri Lanka, why are the cases relating to mega bribery, corruption and murder by previous regime are delayed? What drama is being played now?

    • 0
      0

      Because there were not cases even to be delayed related to Jaffna library, 1983 and 1989 by the UNP regime previous to the previous Rajapaksa regime.
      Soma

    • 0
      0

      If the Judiciary is independent how can the Government Depend on them for verdicts in their support. How can the judges continue to sit on the BENCH

  • 4
    0

    If things keep on going at this rate, we will soon have to refer to our Chief Justices and Supreme Court judges as “a bunch of corrupt clowns” – an epithet that was previously reserved for Members of Parliament.

  • 0
    0

    theproblem is not with the judiciary but with the countrys laws
    if fdb,s laws were wre not rescinded by jr most of the problems would have been solved

  • 3
    0

    Does not the monkey-like head-gear entail that those who wear them are blatantly loyal to an alien culture ? How can we entrust such people to ensure justice and the independence of the judiciary?

  • 9
    0

    It is not that anyone is interfering with the judges but they go behind the President and PM and other politicians to get their appointments.
    As they are cheap characters they go behind powerful persons for benefits.

    Only way to stop this cheap behavior of judges is to have a honourable gantaleman like Nagananda Koddituwaku in charge of appointing the judges and other high appointments .

  • 2
    0

    All think that “Judiciary” is confined and restricted to a “System of Courts”. In my opinion, the system of Judiciary and its delivery spread to a very much wider spectrum than the “Courts” functioning under Judges. Looking at it from the perspective of the people at large, that function of judiciary starts from the very root of the “Grama Sevaka”; Police and all other Law Enforcement Agencies right up to the Judiciary under “Judges”. In this long and protracted process of dishing out the “Judiciary”, the most vulnerable to “Interference” is the lower formats that embrace the Law Enforcement. The first step to combat this ugly “Business of Interference” in the Judiciary is to STOP all types of involvements from the bottom level and carry it upwards; making the entire system “Independent”. This “Interference” comes mainly from the “Politicians” based at Local Levels to the “Highest” , that of President. PM; Ministers and all other Legislators. Then there is yet another “Level” that we completely forget and that is the “Elite Class” comprised of the “Legal Luminaries” and the class called “PRABOO” – the “Professionals” and the “Wealthy”. The latest added to this class is the “Thugs & Criminals” operating under the shield of Politicians. To do this is not EASY ; but worth an ATTEMPT. The ONLY NEED is a complete CHANGE of the “Political System” under a strong NEW LEADERSHIP committed to JUSTICE in all formats. The “WHOLE” of this present “Leadership” must be “RETIRED” or “CHASED AWAY”. That is the prime RESPONSIBILITY of the PEOPLE.

  • 1
    2

    Well, that bourgeoisies revolution has come bad end in Sri lanka since 2015 January 8th.
    By notarized of criminal foreign forces led “Rainbow Revolution” was an undeniably by a counter-revolution. They were which was back by local parties of UNP, SLFP of CBK Feudal Federalism, TNA and JVP.
    They taken control all state organ into their high-hand by MS and Ranil Wicks. The three organs of State which is Executive, Legislative and Judiciary has been penetrated by counter-revolution high-hands of UNP party elements as well as New UNP leader of MS & SLFP Federalist section of leader of CBK and by that collaboration of foreign Intelligent agencies of under the RAW of Indian and CIA of USA.

    No body believed that an Independence form of governances of Democracy rules and of norms of all operation of basic functions of Democratic organization has been dismantle by Executive Primer of UNP Ranil Wickramasinge 2015 January 8th!

    By and large that 19th Amendment of Republic Constitution has LOST all political credentials in the governing RULES accepted which that order of values of democracy denied by RW during last 36 months.
    There is No way to recover or house put into order quite impossible without any radical changes of that means NEW form of political democracy. .

    Indeed Nayanada and Basil has to realized that the lost of Independence functions and enforcements authorities are limited to power not that confines to Judiciary; it has been extended into other Two Organs(executives and legislatives) are by that badly impacts all key democratic institutions is worse than Judiciary !
    What is to be done?

  • 0
    0

    This comment was removed by a moderator because it didn’t abide by our Comment policy.For more detail see our Comment policy https://www.colombotelegraph.com/index.php/comments-policy-2/

  • 2
    0

    Just look across the Strait. The 2G case dragged on and on and finally the coffin was nailed last week. Indian judges are no angels but there are checks and balances. The trick is to outwit these. A weak link is the prosecution. In the 2G case, the judge said that the ‘prosecution failed miserably’.
    How does Bolywood Salman Khan evade justice?
    The Sasikala case has not ended but has just started!
    In SL, there are reasons to believe that prosecution can be intimidated. How else can one explain the way bails are granted?
    Independent judiciary is a necessary attribute. The stand taken by Nagananda and Basil is laudable. We do not want another Sarath de Abrew as a Supreme Court judge or a Sarath N Silva as CJ.
    We need independent prosecution. This is harder to achieve.

  • 1
    0

    This is why all Chief Justices from Sarath Silva onwards, including two judges now serving in the Supreme Court charged for JUDICIAL CORRUPTION for abuse of office, violating all norms of public trust doctrine. The Corruption law, enacted in keeping with Sri Lanka’s obligations under UN Convention Against Corruption 2004), is absolutely clear. The law provides that no one holding any public office can abuse it to favor or benefit himself or any other, which falls within the definition of corruption. Sadly, three great defenders of the independence and integrity of the Judiciary (J C WALIAMUNA, DAYARATHNA and one called ATHULA PERERA) claiming that they appear on behalf of the BAR ASSOCIATION OF SRI LANKA, made a strong objection in open court. They claimed that no lawyer is entitled to charge judges in the SUPREME COURT for JUDICIAL CORRUPTION. It is sad, that these self-seeking people cannot understand the importance of installing a independent judiciary not a subservient one, that people can place their trust and confidence. And in my view these are the people who should be held responsible for the state of the JUDICIARY today for compelling the citizens of Sri Lanka to go to Geneva Human Rights Council. And these people should be held accountable for compelling the UN System to adopt a Resolution against the Government of Sri Lanka.

    • 1
      0

      MR Nagananda K
      Please explain to me in simple Non Judicial Language how the law was allowed to break the ancient culture, custom and Religious beliefs of a minority community here by enforcing a law to ” burn a dead body in an esplanade against the Religious beliefs of the indigenous people”???
      This is a Blatant violation of the indigenous Hindu Religion of the North .
      The Hindu people were forced to watch this drama in the esplanade against their religious beliefs!
      The Judiciary submitted to by whose calls to Disgrace a Religion?

      Was it the GOSL OR THE NINCOMPOOPS OF THE REVENGEFUL S ECURITY FORCES STATIONED IN THE NORTH??

      I know you cannot speak for the GOSL OR THE UNRULY SECURITY FORCES UP THE NORTH.
      I respect your Judicial knowledge and the Principles of a good lawyer.

      You can certainly reply in regard to this atrocity made against a noble religion, it’s customs and the people.
      Look forward for your input.

      • 2
        0

        I do not think Mr.Naganada can,will or even be disposed to give a satisfactory reply to your query about the burning of the carcass of the Buddhist priest.
        I will be very surprised if he did because he has different fish to fry.
        The poor Magistrate who gave permission for the cremation under circumstances giving priority to keep the peace and to quell the possibility of the security forces going berserk with people like BBS Gnanasara thero’s present in Jaffna.He had an unenviable task. What else could he have done?

        Jaffna esplanade which had no historical precedent of a cremation even during colonial times, as it was a hallowed spot due to the presence of the historic Muniappar temple and was was a place where people would congregate to relax, and allow their children to play just as in Colombo’s Galle Face Green.
        I fully endorse and support the efforts made by those lawyers in Jaffna who filed papers to prevent the cremation of the Naga Vihara priest at that spot.

        It was a deliberate act conceived by the government using the army and the police to humiliate and tell the Hindu Tamils in the NE who is boss at a time when the LG elections are scheduled to take place.
        It flows from what the first president of SL JRJ said “the Sinhalese will be happy when the Tamils are starved”, in 1983 following the racial pogroms intitiated by his government minions in the June/July of that year.
        It is now time for those Tamil politicicians who go Stary eyed Ga,Ga telling the Tamil people about the reconciliation efforts of this government to voice their opinions about this
        latest atrocity.Their silence is deafening.

        • 1
          0

          Uthungan

          Appreciate very much your explanation of the calamity created by the armed forces and the agitation of the racist Mahasangha aka BBS at the cremation of a carcass at the Jaffna esplanade.
          Lord Buddha was born a HINDU as such they have disgraced his religion as well as the Minority people of the country who believes in Hinduism.
          What comes first for these enemies of the Tamils?? Not all the Sinhala people are narrow minded for sure.

          Revenge or Respect another Religion?? Yes take Revenge by the so called converted Buddhists including the so called BBS .
          When the Sinhala Buddhists run around the Famous Hindu temples in the South of India what do they pray for??
          As we know Lord Buddha was a human , not a god!
          Take Revenge against the fellow countrymen women and children ?? is that what Lord Buddha preached them in his sermons ??
          Come on the Asgiriyas , the Mahasanghas, and the Malwattus!! don’t you think your preachings have done grave damage to your country and my country??
          The Buddhism and the Buddhists have been high jacked by the hi….. PR…….

          Enough is enough Live and let live ! Lord Buddha said.
          Stop Disrespecting another holiest Religion.
          Then only we can expect peace and prosperity in our land .
          Until then the Calamity continues , so too the Poverty of the true innocent people of this country.
          The country is cursed by this …………….

    • 1
      0

      Entirely agree with you, Naga. People like Weliamuna are the reason why this rot will never change. This so-called Llawyers Collective as formed for the purpose of getting political publicity during MR times, nothing more. Dayaratna was always a nutter. But what is this great defender of human rights, JCW, doing when issues like this come up?

      Shameful.

      Maybe your co-writer Basil can ask him about his position ! Or maybe he has no position!

    • 1
      0

      Nagananda
      Agree with you that an independent judiciary is a NECESSARY condition to establish law and order.
      The judiciary decisions are based on the submission by the prosecution.
      An independent prosecution is a necessary condition to prepare and present robust submissions.

  • 2
    0

    What has been clear for sometime, and now well overdue, is a root and branch reform of the judiciary. For too long justice has been selective, sporadic, and too often delays in delivering justice has led to the public losing faith in the system.

    And, as Chandra commented on earlier, it is about time our judges dispensed with the anachronistic and ridiculous headgear that is a throwback to those times we can all agree we should put behind us.

  • 0
    0

    I herd it is the Mrs B. Who made the judiciary political. but, I do not know whether it was beczause of JRJ agenda or before that. since then every one did it. MR era was the worst.

  • 0
    0

    the global competitiveness index 2017 shows that sri lanka is 66th in independence of the judiciary. India is 53rd.Malaysia is 41st.Saudi arabia is 30th and qatar is 27th,UAE is 16th. We are worse than monarchies.US and germany are 25th and 24th respectively. Singapore is 19th. japan 15th ,HK is 13th.Canada and australia are 9th and 8th respectively.UK 6th and switz 4th.NZ 2nd and finland 1st.

    Naga,why don’t you have a look at the NZ justice system and get the necessary bills passed here one by one to bring us on par with it.You can’t do it on a one shot comprehensive basis because it will never get done.Extract the key components one by one and get it passed in legislation little by little.When hillary clinton tried to do health care reforms in a comprehensive manner as a senator it failed,but when bill clinton did it piecemeal fashion he was successful.It is difficult to do a lot of reforms in one shot because there is always a big resistance to change,which is human nature.By the time to have reformed the legal system here with our buffalo hide politicians,you will be in the cardiac unit.So see that someone has reformed the hospital system in the meantime so that you don’t have to go to singapore like our health minister.

    • 0
      0

      Shankar
      The correlation between the Global Competiveness Index and Corruption Index is clearly visible!

  • 1
    0

    Good Sense.

    Perhaps your pseudonym holds you back in being a little more explicit!
    Plato will do the honours so that other readers who are not that familiar in this whole sordid affair concerning Sarath.Nanda Silva may know the names of the actors.

    It was the present Minister of Foreign Affairs- Tilak Marapone who interceded on behalf of Sarath Silva.

    The Ex:Academician turned Politician who put Sarath.N.Silva on the seat of the CJ. WAS NONE OTHER THAN our Professor G.L.Pieris.

    The aforesaid two persons should be jointly and severally be held responsible for the plunge in the standards of the Judiciary!

    The escapade of Sarath.N. Silva with the wife of someone else is in the public domain.
    Victor Ivan has given a Ball By Ball commentary in his book.
    It is people with Good Sense and high Moral Standards who should adorn the Supreme Court Bench.

  • 1
    0

    Nagananda has declared himself as a Candidate of the next Presidential Election in 2020.
    It is very unlikely that he would touch even with a Barge Pole the issue of the cremation of that Buddhist Monk, in the Jaffna Esplanade which has now been converted into a Cemetery, for the time being. Leading upto the next Presidential Election the place would be declared as a place of Buddhist worship!
    Young Nagananda would not like to burn his Boat!
    Am I RIGHT Nagananda?

  • 0
    0

    I have made stand absolutely clear, I will alway be a symbol for every one. That is why I stand for very strict racial discrimination law. It is my firm belief that every citizen should have a equal right to live life with dignity and self respect.

    Read the following article that I published long time ago.

    https://www.colombotelegraph.com/index.php/racial-discrimination-enact-laws-to-protect-all-citizens/

  • 0
    0

    I have made stand absolutely clear, I will alway be a symbol for every one. That is why I stand for very strict racial discrimination law. It is my firm belief that every citizen should have a equal right to live a life with dignity and self respect.

    Read the following article that I published long time ago.

    https://www.colombotelegraph.com/index.php/racial-discrimination-enact-laws-to-protect-all-citizens/

    • 1
      0

      Mr Nagananda
      Many thanks for your response, Yes I read through your article published on CT almost 3 years ago.
      Not a thing has changed , those to who we voted for came with their hollow promises have neglected the country for their own selfishness or just hiding behind the real truth which has gone past beyond repair??
      6 decades of total greed , neglect , selfishness and pure racism has taken hold of this
      country , the Monks are the cause of it too for their own survival.
      So all are helping themselves as though there’s no tomorrow.

      With the racial discrimination law put in practice ( as though it’s not practised at present )
      the Judiciary giving orders to make use of a public place as Cemetry against the wishes of the indigenous people is A CRIME FOR WHICH THE JUDGE AND THE GOSL SHOULD BE HAULED IN FRONT OF UNHCR AT THE NEXT SESSION IN GENEVA.

      The list goes on so too the state debts to China Ect.
      There was a big chunk of cash instalment was paid up recently for the H ‘ tota Leasehold to the GOSL!!
      Question to the President honour ? Why he quickly used the cash and bought MPs ??
      Difficult to fathom!
      Was the money from his farm???

  • 0
    0

    Dear Authors, and all Participants,
    The story of the Judicial system in Sri Lanka is the same as the recent history of Sri Lanka from the time of independence. It has everything to do with anti Tamil racism. First it started with discrimination of Tamils and the famous amendment to the Constitution for the top executive to manipulate the Judiciary for a well planned genocide of Tamils as carried out from time to time. The war criminals for Tamils and the international community are heroes for the majority Sinhalese even after the supposed to be the good Government undertook investigation of the well known criminals. Now you all see the politicians of the present Government join hands and seek support from the said criminals to form a Government. From what you see from the Government reaction to the crying Tamil victims of war are you dreaming of any independent justice mechanism work in Sri Lanka? Only prominent justice delivered was for the rape and murder of the school girl from Jaffna. Glad these criminals are not considered heroes by the judges in Jaffna!

Leave A Comment

Comments should not exceed 300 words. Embedding external links and writing in capital letters are discouraged. Commenting is automatically shut off on articles after 10 days and approval may take up to 24 hours. Please read our Comments Policy for further details. Your email address will not be published.