30 September, 2020

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A Stooge Chief Justice In The Horizon

By Kamal Nissanka

Kamal Nissanka

The controversy regarding the impeachment of the chief justice is strongly debated in many corners and general public is holding the view that the government has messed up everything with this unnecessary manure. The debate is also taking place in the international arena. The Canadian Bar Association has requested the Canadian government to re consider the participation of the Canadian Prime Minister at the upcoming Commonwealth Heads of State Meeting in Sri Lanka.  United Nations Special Rapporteur on Independence of judges and Lawyers Ms Gabriela Knaul has requested the Sri Lanka government not to attack the judiciary and the bar. Bar Human rights Committee of England and Wales has also released  very strong statement requesting the authorities to obey the Court of Appeal directives.

Starting from the attacks leveled at Mannar Magistrate Court   and intimidating the Magistrate, things developed to assault Mr. Manjula Thilakarathne , Secretary to the Judicial Services Commission, with no trace of the culprits by the police or CID  ,then threatening two lawyers  Mr. Gunarathna  Wanninayake  and Mr. Wijedasa Rajapaksha also President of the Bar Association of Sri Lanka with  gun sound ,the authorities have shown the insane nature of their behavior. Then the stooge state media, print and electronic was insanely curry favoring the authorities began their campaigned mudslinging and slandering the judges and lawyers who were vehemently opposing the interference of judiciary and mechanism of rule of law by the excutive and through parliamentarians. Difficult to bear further the onslaught by the corrupt state media, an editor was charged for contempt of court. In the meantime the seven government  parliament members who are also part of the prosecuting team started their ‘trial’ requesting the Chief Justice(CJ) to disprove   the charges which were even unknown to the 117 signatories of the government parliamentary group. It is reported that two members of the Parliamentary select Committee (PSE) had verbally abused the CJ negating all rules adopted by United Nations and Commonwealth principles regarding the impeachment procedures of superior court judges. Humorous feelings are  also not unknown during this  whole saga of impeachment as “political and  media pundits” including the  government members of the  PSE  have  now started to interpret the constitution of Sri Lanka , a job specially restricted to Supreme Court judges. These ‘prosecutors’ and ‘judges’ in the Parliament will soon assume the duties of’ hangman’ to get rid of CJ unless something cannot be predicted happen.

The United National Party leadership lost a golden opportunity to gather public opinion seemed to be in favor of the impeachment by endorsing the unconstitutional standing orders and toeing in line with the government and made a strategic blunder. The Bar Association of Sri Lanka initially dormant and lethargic came forward in the circumstances and at least at a later stage entered the battle initiated by the leading lawyers of repute.

It is no doubt under the prevailing conditions the parliamentary government group is not enjoying its independence of conscience and it seems that it is well controlled by the executive through various means especially through the puppet cabinet. Administrative branch of the government  and the Police are highly politicized and already lost its independence and honored prestige. The defense sector is also well under control of the authorities. In Sri Lanka it is only the judiciary was able to maintain some degree of independence from political interference.

It is under this context that the authorities are intending to control the judiciary as they were not satisfied with the two judgments delivered on the “Divinaguma Bill”. With the ‘Divineguma”judgements  authorities  also feel  that  the devolution package  passed  at by the 13th amendment to the constitution is as a roadblock to their real  political objectives  and want to  concentrate more and more power.

On the other side the decisions of ongoing cases at Supreme Court and Appeal Court will give binding decisions regarding all constitutional and natural justice issues surrounding the impeachment. Security of judges giving judgments against the views of the government is at stake and they may be targeted through fake impeachments.

Yet understanding the political dimension of the whole saga the probability is there to see the appearance of a stooge chief justice in the horizon. The would be chief justice may come from the Supreme Court itself, from the Attorney General’s department,  or else  may be selected from the unofficial bar. We should not forget  that Sirima Bandaranaike administration in the seventies  appointed an ex member of parliament t as a Supreme Court .Both Neville Samarakoon and Sarath Nanda Silva were political appointees in the beginning though later they had criticized  or acted against respective executives.

The second wave of protests to safeguard the independence of judiciary and rule of law will be launched   if the government continues to act on the decisions of its “kangaroo court” and later through a “Stooge Chief Justice”

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Latest comments

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    The UNP dissidents should lose no time in forming a new party. If they don’t have the spine to form a new party and go into action immediately, they would be making the greates political mistake in their life. Now is the hour for them to galvanize masses action against the dictatorship. Ranil and his henchmen will surely lose at the coming general elections and that would be the signal for the dissidents to take over the UNP.Grab this golden opportunity and if you fail the people at this hour, you will go into political oblivion soon as cowards! Over to you, Karu, Sajith, Dayasiri, Kirielle, Harin Fernando, Range Bandara, Ranjith Madduma Bandara, Talatha and Rosy!

    • 0
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      A new political party by UNP Dissidents? You are day dreaming. It will be another episode of breakaway politics and will be another case study of fighting against the alleged intra party dictatorship of the UNP. people will start believing the dissidents if they form a shadow cabinet and start talking about alternative policies. Now they talk about only the faults and corruption.

    • 0
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      Forget sajith.He plays all sides.

      • 0
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        Quite right! The UNP today is dead – killed by Ranil like the dead leftists killed the left.
        A new political party that has NEW POLICIES and will clear up the corruption endemic in the political culture is what is necessary.
        The Sri Lanka Spring movement needs to galvanize the people by educating them and at the same time form a NEW party WITHOUT ANY CURRENT POLITICIANS who are all the same!

  • 0
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    If Govt passes Divinesuma it must be challenged in courts and those who freely plunder the wealth of the country by illegal means brought to justice.

    The bar and judiciary have a key role to play in restoring the rule of law in this country. Even if a stooge is appointed the rest of the judiciary must stand tall and maintain their intergrity and independence.

    • 0
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      The judicary’s decision today is historical. In this country no court had considered the right as being stronger than the might. This is the first occasion.Will they persist?
      Is there any example where it had been determined that if you do not practice what you promised in the manifesto, you are out.This govt promised to get rid of the Executive Presidency and then made it more powerful?

  • 0
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    Ranil & Office bearers have insulted all die hard UNP supporters who stood by them even before Ranil entered politics.
    NEVER again a vote for UNP under this Leadership.

    • 0
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      Lots of people will agree with you. Never again a vote to UNP under the leadership of RanilW.

      Leel

  • 0
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    Lawyers around the world will fight to keep the rule of law supreme so that they can extract the blood of poor people involved in land disputes, traffic accidents and other mishaps.

    Those thousand of ‘kakkas’in black coats in Hultsdorf wait in the street to beg business. I got fooled once when I was going for a traffic case to pay a fine. A lawyer wearing a black coat came to me and asked for the case and he took me to the coat and stood up and said I was pleading guilty! He charged Rs 200 for the trouble. I could have just paid the fine.

    They are the people who want their racket hidden under ‘supremacy of the law.

    • 0
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      Potokka, you are wrong, if you pleaded on your own the fine would have been Rs 400 () 200+ 200). Ask people who are in the know!

    • 0
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      why did not you act as your own lawyer.
      it seems that you are born fool your self.
      you fool, every thing in this world is under some kind of law itself.
      better understand and donot be a lackey.

  • 0
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    This SOB Ranil must be got rid of, I don’t mind paying a Million Rupees to a Army deserter to get rid of this gay bastard, Gotha might agree my offer but how to get at him or Basil may agree but he may demand more as he has upped his rate now to 50%. Can some one come to my help please, u will save our country, about me I am not bothered as long as this son of a gun is got rid off.

    • 0
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      I knew from the beginning that RW is a double ..

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

  • 0
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    People like Kamal Nissanka said exactly the same when the present CJ was appointed! Stooge Cheif Justice …
    These people should wash their eyes regulraly to see the world without bias ….

  • 0
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    The new Party could be called the New Democratic UNP

  • 0
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    My only concern is come 11th January and with UPFA majority in the parliament, President MR has a possibility of winning the CJ impeachment with a simple majority.

    If that happens….what kind of actions both MR and the CJ will take…….

    I am pretty sure while MR is waiting impatiently to kick CJ out….where it will be a big blow to all of us who are looking for our justice through CJ…… Madam CJ will try her best to hold onto her position as she has promissed before, WHERE SHE WILL NEVER BOW DOWN WITHOUT A FIGHT, AND THIS COULD DEFINITELY LEAD TO VIOLANT MEANS.

    INFACT NOBODY INCLUDING OPPOSITION PARTIES, JSC, BAR ASSOCIATION, TRADE UNIONS, CLERGY, PROFESSIONAL ASSOCIATIONS AND ALSO WE CITIZENS DO NOT ALLOW MARA DICTATOR TO OCCUPY JUDICIARY AND THE SUPREME COURT WITHOUT A FIGHT.

    1)IF MR use strong arm methods and use violant methods, like Mervin Silva, Wimal Weerawansa, Basil Rajapakse and the media have already mentioned and try to chase CJ and occupy SC building……….what steps the opposition parties, trade unions, clergy, professional body, FUTA and we the citizen could do to save CJ and the Supreme Court……….

    2)Can we ask for UN, CW, US, EU and other Asian countries to come to our help……….

    3)Can the opposition parties ask UN,EU and Asian countries for trade sanctions, cease loans and incentives to Govt, impose a travel ban to all Govt. ministers, forces and MARA goons.

    4) Can we ask for a repeat of 1987 Indian AIR Parippu drop this time on Araliya Gaha Mandiriya by either from India or UN, US, EU or from another Asian country………

    5) Can we ask SL armed forces to ignore Dictator MR’s instructions and request not to shoot at demonstrators who are fighting for our justice…….and to help us.

    6) Is the recent very high payroll increase given to Police is a part of the GOSL plan to suppress any peoples protests and even use arms to kill people during any demonstrations supporting CJ……..

    7)Have the opposition parties discussed this situation with the International Community, human rights groups and the local Diplomatic community…….

    8)Could opposition parties request to IMF regarding any GOSL 1 Billion US Dollar loan request, to tie up with the abolition of CJ impeachment and to publish Parliament MP’s income and expense reports……

    9)Is the opposition parties could give additional protection to CJ…her family…JSC…SC and the supreme court building, files and documents etc….if GOSL plans violent suppression to grab Judiciary power…..

    10)Are there any protection for public planned by opposition parties to safeguard public in case GOSL use forces to suppress Citizens who stand by CJ and to commence islandwide protests,work stoppage and sathiya grahas etc……………….

    11) Finally I was shocked to see in the TV that CJ was leaving the SC building ALONE WITH THE DRIVER ONLY IN HER CAR WITHOUT ANY ADDITIONAL PROTECTION GIVEN BY ARMED POLICE OR ANYBODY. I DID NOT SEE ANYBODY. IF SO WE TELL CJ TO TAKE EXTRA CARE FOR HER LIFE WITH EXTRA PROTECTION WITH POLICE OR PRIVATE SECURITY COMPANY. THIS IS A MUST.

    I smell foul air in the horizon and do not wish for another 1971, 1983 or 1989 type of violent situation again and be vigilant and prepare for any eventuality is the best remedy.

    I would like if anybody including opposition parties could answer these questions.

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