A body of Sri Lankan professionals living in the UK have reported to the commonwealth about the executive controlled impotent justice system in Sri Lanka, to seek immediate intervention to ensure that the government of Sri Lanka adhere to the Commonwealth (Latimer House) Principles, with regards the judiciary.
Chief Justice K. Sripavan
The report submitted to the Commonwealth draws its attention to the abuse of National List to elect rejected candidates as MPs by the political party secretaries, which is now being challenged in the Supreme Court, by the public interest litigation activist and a lawyer Nagananda Kodituwakku, with a request made to appoint a fuller bench of the Court to hear and determine this case, considering the national importance of the matter.
However, the Chief Justice giving no reasons whatsoever has arbitrarily rejected the request. The CJ stated that in his opinion the case filed challenging the abuse of people’s sovereign right of franchise is not a matter of national importance. This ruling, apparently made under intense pressure from the Executive, has then been challenged by the Counsel Kodituwakku on the basis that CJ’s ruling was manifestly flawed, as the CJ had failed to give any reasons, justifying his ruling on a matter of national importance, despite it directly affecting the sovereign right of franchise of the people a right protected by the constitution.
In this backdrop the counsel had urged the CJ by a Motion filed in Court to appoint a fuller bench to hear the case, sans the Chief Justice K. Siripavan, as he has shown his bias towards executive. The counsel has also requested the Chief Justice not to appoint Justice Sarath Arbrew (an accused charged on a indictment served on him) and also Justice Eva Wanasundara, as she had refused to release Supreme Court determination record citing that it contained ‘classified information’. Whereas the said record contained the blatant fraud involving all three branches of the government; the legislature, the executive and also the judiciary which permitted the 14th amendment to the Constitution 1988, without refereeing it to the people at a referendum. The Counsel had also informed the Court that it had already violated the Constitution for its failure to hear and determine the case filed in Court on 13th Oct 2015 [within the stipulated period of two years].
In this background CJ has alleged that the stand taken by the Counsel Kodituwakku, where the counsel stated that the hearing should be held without the presence of the CJ, was an ‘obstruction of justice’. The CJ has called upon the Bar Association for the 26th Jan 2016 to make its own observations on the CJ’s allegations made against the Counsel Kodituwakku.
The report states that intimidatory tactics adopted by the Chief Justice against the Counsel Kodituwakku are clearly tantamount to obstruction of justice. Therefore, the report furnished to the Commonwealth by the movement for Social Justice Sri Lanka, urge the Commonwealth to take meaningful steps ensuring the Government of Sri Lanka honour and respect its obligations to the Commonwealth Charter and the Commonwealth (Latimer House) Principles applicable to all three branches of the Government.
S.Modaya / January 19, 2016
Well done, excellent work, Movement for Social Justice! Sobitha Thero would be proud.
The New Constitution/ changing game that Ranil and Sirisena are wasting time on is a big show, like the FCIU , to distract people from bi-partisan political corruption and the fact that the Parliament of Corrupt Morons by the Diyawenna Oya stinks with corrupt criminals and is the Ayahapalanay Sirisena’s doing.
And the JVP is right – this new constitution is a time wasting exercise to distract people from the fact that bi-partisan (UNP-SLFP) corruption is the root cause of Racism and ethnic conflict in Sri Lanka. Democracy has become a circus whereby corrupt politicians distract the Sinhala Modayas from their corruption with HATE SPEACH!
Meanwhile the economy is in a tail spin with Ranil’s corrupt clown Arjuna Mahendran who lacks any qualifications for the job heading the Central Bank!
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Kapila / January 19, 2016
Meanwhile Ranil with his cabal of corrupt clowns, with the fat frog insider trader Mahendran, have jetted off to Davos for the Super rich Men’s club meeting in the Swiss Alps.
Oxfam has just released a report about the world inequality Gap. 62 individuals own more than half the entire world’s wealth and they will be all at Davos to host Ranil, Ravi and Arjuna and educate them in how to grow poverty and inequality in Sri Lanka!
CT Editors please run the Oxfam Report here.
The Ranil-Sirisena A-Yahapalanay govt is a Huge Joke!
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Rojer / January 19, 2016
I think the Bench consisting the CJ, EW, and Sarath Arbrew, should hear and dismiss this National List abuse case.
After all some appointed through the National List have been made Cabinet Ministers and one such rejected person is appointed as Speaker. The Parliament and executive are supreme in this country and the Supreme Court has no power to disturb these appointments made according to Constitution.
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Ansar / January 19, 2016
Yes, the National list appointment is a clear violation of the sovereignty of the people.
How on earth, can people’s representatives clearly rejected by the people be appointed as MP’s to represent them. You don’t need to be a Chief Justice or a lawyer to understand this. Anybody in the street can give a verdict on this.
It is strange that learned people in the calibre of Chief Justice cannot understand this or it is clearly an executive order carried out by the Chief Justice.
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NAK / January 20, 2016
The best part is not violating the franchise of the people but the very man who did it coming to presch us.
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migara / January 19, 2016
Thus the reason why UN reconciliation group recommended a international judiciary panel to monitor and conduct the post war report. They were right. Our judiciary system stinks with corrupt, thug Parliament members are given bail in half hour on a weekend whilst, a man just selling illegal toddy is held for a week in prison.
Super job bring in the UN and international bodies in Geneva, Human rights for all malpractices done in the country.
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vibushana / January 19, 2016
Obviously Chief Justice is obstructing justice. How come he hear this case after ruled that abuse of National List is not a matter of National Importance.
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kalpage / January 19, 2016
We the people have not given any mandate to take away our sovereign right of of Franchise to anybody. This is a fraud.
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John / January 19, 2016
What is the point of an election if the same degenerate MPs are simply allowed to just walk back into a position of power. It is a violation of our rights as the people of SL. I’m all for the movement, I only hope that appropriate action is taken by commonwealth and help restore proper justice
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Romeo / January 19, 2016
The lack of credibility and integrity of the CJ has only been and only ever will be an obstruction to justice
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Anish / January 19, 2016
The people who hold positions of power in SL are simply invertebrates. They have no conscience to thrive to better the pseudo democracy that we live in, as long as they get their bumper pay checks they will continue to be puppets of the executive. Rarely do we have individuals like NK and the people of Social Justice Sri Lanka actively trying to fight the bureaucracy.
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Sumith / January 19, 2016
We need change for the societal degradation we continue to fall down – what is the point of a CJ who cant uphold the rule of law. Get rid of the lot of these worthless nepotistic halfwits altogether.
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Mahesh / January 19, 2016
We have not given our sovereign right of franchise to party secretaries to appoint rejected candidates through the National List.
This is absolutely wrong, even Sadulawe Sobitha Thera condemned this abuse by Sirisena.
We, the people don’t want Siripavan to decide this case; even a ‘Gansabha muladani’ can decide this simple logic
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Pramodaya / January 19, 2016
CJ cannot betray our judicial power to Sirisena. Without insulting us he should step down. We have suffered enough with a spineless justice system.
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Ratnayake / January 19, 2016
14th Amendment is now a part of the Constitution.
Whether process followed to make it a law was correct or wrong the Supreme Court has no power to challenge the validity of this law or invalid the appointments made there under by the President.
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Lex / January 19, 2016
As you are no longer a Judge of the Supreme Court your views are irrelevant
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thondamanny / January 19, 2016
qUOTE :Chief Justice giving no reasons whatsoever has arbitrarily rejected the request. The CJ stated that in his opinion the case filed challenging the abuse of people’s sovereign right of franchise is not a matter of national importance.”
OMG, WHAT SIGNIFICANCE IS UNIVERSAL SUFFRAGE & DEMOCRACY ?
THE SUPREME COURT MAY NOT HAVE THE POWER, YET IS’NT THE VOTER MORE SUPREME TO THE COURT AND THE CONSTITUTION?
IT IS THE VOTER WHO VOTES IN THE POLITICIANS TO WHO MAKES THE CONSTITUTION & IT IS THE VOTER WHO GIVES THE POWER TO FORM A GOVERNMENT.
CAN NOT THE SUPREME COURT ORDER THE YAHAPALANAYA TO WHOLE AN ISLANDWIDE REFFERDUM ON THIS ISSUE TO SAY THE LEAST IF THEY HAVE NO POWER TO GIVE A RULING?
Yahapalanaya will take cover behind this Constitution crisis to hide their ills & shady manipulations.
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justice / January 19, 2016
Rejected candidates usually go home after election, in most if not, all democracies.
How can persons rejected by the people, represent them in parliament?
This CJ is really looking after his own tenure, rather than dispensing justice.
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Lanka Watch / January 20, 2016
Justice ………… and most leading democratic countries and the UN are full of praise for SL Govt. for having brought back democracy to the country, governed by the rejected candidates by the people.
How blind is the IC.
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Uthungan / January 20, 2016
The CJ risks being seen as incompetent and or stupid if he is not going to retract from his original stance that nominating a defeated candidate as an MP under the National List is not a Nation issue.
Let us hope that the CJ accesses CT and corrects himself after reading the various shades of opinion presented in it
by people.
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Plato. / January 19, 2016
Kamalesh Sharma is no longer the Secretary General of the Commonwealth.
When Ex:CJ.Shirani Bandaranayaka was impeached unlawfully by the MaRa regime several well-known Jurists took up issue.But Kamalesh Sharma played ball with MaRa.
This time around it is the Justice System that is being taken up and not any individual Judges.It is the Principle that needs to be upheld.Lets hope they will rise to the occasion.
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NAK / January 20, 2016
can you explain how the impeachment was unlawful?
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piyasoma / January 20, 2016
No lawyer has a right or allowed to defy decisions of the CJ. This case is not a exception.
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David / January 20, 2016
These appointments were made more than 5 months ago and there is National Importance in this forgotten issue any more, as CJ has correctly stated.
It is unfair to criticise the Sirisena regime for forced out CJ Shirani B. She B was sent home within 24 hours for a reason. She cannot be pardoned for betraying the whole Nation by her foolish decision of approving the 18A and creating a monster President.
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Ponkoh Sivakumaran / January 20, 2016
How can one insist on an hybrid tribunal for war crimes when the Sri Lankan judges are corrupt and incompetent? We have had a succession of Chief Justices who were tainted persons. Sri Pavan was appointed in a proper fashion but now is seen as a toady to the powers that be. The pages of CT show that the major institutions in the country- the judiciary and the universities- are corrupt. There is no need to talk of areas controlled by politicians who are in the game only to make money. These issues can be solved only if there is some external scrutiny of what is happening in the country. The moment some scrutiny is threatened some communal card like Sinha Le is played so that responsibility is avoided. No one has the guts to take on the MR family.
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BBS Rep / January 20, 2016
The National List appointment is concurrent with our unique Sinhala Buddhist culture, as Mahindapala explains, where it is incumbent upon us to help our family, relatives and friends. The westerners may term such as nepotism. But it is part and parcel of our culture and we must include that by hook or by crook (like in this particular case) into our constitution. Nepotism is a British concocted word that is counter to our ancient Sinhala Buddhist heritage. Democracy that suits the western countries was imposed on us by the British. Better we do away with this thing called democracy and bring about our own form of government which respects and which is in line with our unique ancient Sinhala Buddhist culture, where the leaders, the present day Dutta Gaminis and pretend Parakramabahus have the right to appoint whosoever they choose to be MPs, cabinet minister or as heads of state-owned communication institutions.
And if this also means brandishing the ‘mudu walige’ etc., so be it.
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Spring Koha / January 20, 2016
A Long, long time ago, the Old Fox sucked his cheeks and said ‘you know, some of our best people are averse to putting themselves forward for election”; and so it goes.
That was the birth of the ‘National List’. The biggest wheeze of the local political class. This has been their way of ‘looking after friends’, and to hell with the wishes of the people.
Last August, our Yahapalanaya Twins held hands and opened the parliamentary back door to a bunch of those rejected at the polls by WE the People. A sort of, how to say, undemocratic ‘fuck-you’ to the voting public.
Dr Laksari Fernando, in a separate post yesterday, has raised the question of parliamentary ethics.ETHICS? That was an election ‘gundoo’ for the voter to swallow.
For ethics to work we need to drive out the large coterie of crooks and hangers-on who have been allowed to inhabit our political milieu. This is a job for our political leaders to undertake. Not only do they allow these undesirables to be put forward on the party ticket, they also usurp the democratic wish of the people, and allow the rejected back in through the back door (aka the national list).
No doubt the time has come to ensure that the wishes of the voter are paramount. The new constitution should be free us of this.
In the meanwhile, the more we broadcast this blatant bit of political trickery , at home and elsewhere, the better our chances that we will end this undemocratic nonsense.
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KA Sumanasekera / January 20, 2016
What is this Commonwealth?, Who are these Professionals?.
UNP London and Suren Surendran from the Diaspora England bribed our Politikkas to topple Rajapaksa and give the inhabitants Yahapalanaya, including the current CJ, Sripawana.
Are these Professionals more powerful than them?.
Don’t the NGOs like World Vision , Freedom from Hunger, use Commonwealth models exclusively to make people in the West feel guilty and contribute to their Charities?.
Couldn’t the Commonwealth do something about those malnutrition kids in particular, rather than try to do the Heavy Lifting to make these Professionals happy?.
Besides what do they care.. If they do they should be living in Srilanka to help Kirra to make our inhabitants get USD 12.000 per Head in 2030 under Yahapalanaya..
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ananda / January 20, 2016
The freedom to vote is a fundamental political right outside, and it is also the most hard-won right. In the early years of our country, only white landowners could vote. Slowly, the franchise was expanded to others to incorporate other citizens, and women gained full or partial suffrage. Suppression of this right by the CJ stating ‘not a matter of national importance’ and safeguarding the unconstitutional laws passed by MP’s under duress from President. MP’s power as masters of citizens was recognized by this opinion of the Supreme Court CJ. The suppression of the right to seek redress continues to face official and unofficial restrictions and by the silence of many. To be a truly representative democracy, Sri Lanka must strive for judicial independence by independent judges.
If we achieve this goal, our elected bodies will better reflect the full diversity of Sri Lankans, including the viewpoints of millions who do not currently have an equal voice in our democracy, which all people deserve. So, too, our diverse communities will be better served by the resulting policy outcomes that are so consequential in everyday lives of ordinary law abiding citizens.
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K.Anaga / January 20, 2016
I am opinion that that National List MP’s should be done away with. The need for national list arose in the past to represent unrepresented communities like Malays, Burghers etc. Hence if you need a National list, in addition to Malays and Burghers include Rodiyas, and Veddhas. One each. Perhaps you may include an eminent scientist too. Not ’eminent’ professors like G>L>P
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Roshan G / January 20, 2016
Aiyo…Naganada Kodituwakku, you were an opinion leader here against not only against HE Mahinda Rajapakse and his family but also against the judiciary and executive that functioned under that regime. What has happened now, as many ask in pithy vernacular’ wenasa sepada?” (how good is the difference) My mirth is uncontrollable
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Verdict / January 20, 2016
This shows that decisions taken by this so called YAHAPLANA government is not in the best interest of the people of this country .until the last election they blamed the voters for sending these uneducated clowns to the parliament now whome are they going to blame . I think Mr.president stabbed all his voters .first he should stepped down from his position .
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Kamal / January 20, 2016
When reading some of the comments feel like some of them treat this CJ as the supreme God.yes of course this CJ position should be held by a exceptional person who can stand to protect the law of the country. Unfortunately present CJ has betrayed our judicial power to Mr.Sirisena .i think he is under obligation if not for Mr.Sirisena he will never become the CJ in his life time .its a relief to see at leat few are there to voice against these corruptions.
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Dilruwan / January 20, 2016
In new constitution they should remove this NATIONAL LIST concept.
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Nagananda / January 20, 2016
Roshan G
I request you to comprehend the role of citizens in a true representative democracy.
It is correct to say that I condemned the actions President Rajapakse when he decided to contest for a 3rd term, after having changed Constitution to serve the greed of one individual (President Rajapakse) who had became blind with power.
I invite you to see President Rajapakse’s website launched in 2010 to support his 2nd term. It is true that I wholly supported him, but for a reason. After settling the endless war that devastated the nation for several decades President Rajapakse, pledged to the people through his election manifesto to restore the rule of law sans all forms of corruption, which he in unambiguous terms, pledged to eradicate.
Yet, after reelected to office for the 2nd term, what he practiced was completely the opposite. With foolish and utterly self-centered actions President Rajapakse ruined his credibility altogether, marked by the unlawful removal of the CJ Shirani Bandaranayake and installing Mohan Peiris in place, a stooge who openly pledged the Executive to perform the role of the Judiciary to please the Executive.
One should not forget that, the role of any right thinking citizen is not to defend any individual but to do everything possible for the public good and that is what exactly I did against Rajapakse and Mohan Peiries. Rajapakse was shown the door and against Mohan Peiris, Corruption Commission is carrying out a formal inquiry, for abusing the office for improper purposes.
One should not construe that the removal of President Rajapakse from office for the blatant misdeeds committed against the nation, as an act performed to support his political opponent.
In a vibrant democracy, no right-thinking citizen shall support any particular individual, but support the people friendly policies formulated and placed before the people for the pubic good.
In this regard I should say that President Sirisena has miserably failed. The appointment of candidates rejected by the people at the General Election and setting up of a jumbo cabinet against his own pledge made to the people was among the worst.
In my view, in the eyes of right-thinking and fair-minded people these appalling acts, simply demonstrates the hollowness in the leadership, insulting the intelligence of the people who brought the new regime to office and therefore I believe such actions are required to be dealt with appropriately in all available forums.
In my view the people have a right to examine, whether a person appointed to a public office performs the role of the office reasonably and fairly and according to the law.
Here, the issue is about the appointment of rejected candidates as ‘elected MPs’ by the party secretaries, mocking and insulting the people’s sovereign rights, and therefore a matter of absolute national importance.
People have already in very clear terms, have displayed their anger and disgust against these improper appointments, which the people consider as a blatant abuse of their franchise, an inalienable sovereign right guaranteed by the constitution and when things go wrong they expect the organs established to ensure balance of power to act swiftly and decisively, protecting the people’s democratic rights.
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Roshan G / January 22, 2016
Dear Mr Naganada
I respect you (something I didn’t have for you before) for responding to my slightly provocative comment in the most sensible, logical, controlled manner. I cant say that it didn’t make me see the sense of your argument. I understand you now somewhat and I agree with you in all your reasoning – In a lighter vein, I even doubt that the response was drafted by you , it seemed very out of character for you because I labelled you as someone who was burning with anger, desire to seek revenge against a system that broke you, but maybe I was wrong. I have just one question though, why are you silent about the good governance, yahapalana utterings of Hon Arjuna Ranatunge, didn’t you give him more than a honourable mention in your petition to the court of appeal?
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BBS Rep / January 21, 2016
Nagananda,
What you say is right but does not apply to Sri Lanka.
From our youngest days we Sri Lankans prepare our children to be part and parcel of a ‘wakutu weyang’ society. In such a context we have this ingrained culture of worshipping anyone and anything with authority. Democracy is the exact antithesis of the Sri Lankan way of doing things. Democracy recognises the individuality of every person where an individual has equal rights, where he can stand up to authority and question what is right and wrong instead of bending down to authority. In a democracy the state apportions equal rights to the person despite what religious, cultural, ethnic group they belong to or for that matter what their sexual orientation is.
Basically the British imposed institution called democracy will not work in Sri Lanka. Events since our independence has more than adequately proved that a country steeped in a culture as strong as ours, where people know only to respect and bend down to authority the power will automatically concentrate on one individual. We have seen this time and again even those who came to power in the so called democratic way in Sri Lanka ended up being quasi dictators.
So no matter how much you will beat the drums for democracy the army of saffron robed minstrels, the elders, the teachers, the relatives, the so called well wishers and most certainly the vested interest will work to keep our country in the dark ages where ‘dana, seela, bavana’ will always hold sway.
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