A Public Interest Litigation Activist filed a Petition in the Supreme Court yesterday seeking a mandatory order against the Corruption Commission for its failure to initiate a credible investigation against the corruption charge he leveled against the Supreme Court Judge Eva Wanasunda.
Justice Eva Wansundera
Producing evidence before the Court senior lawyer, and public interest litigation activist, Nagananda Kodituwakku states that Justice Wanasundara deliberately abused the office to suppress serious Constitutional Fraud committed by five judges of the Supreme Court who had abused the office to favor the former President J R Jayewardene to appoint candidates rejected by the people through the National List.
Investigation carried out by the activist has revealed that there was no Bill tabled in the Parliament referred to the Supreme Court but only a type written note and a letter by President Jayewardene has been referred to the Supreme Court. One citizen who had challenged it on 18th April 1988 has requested the Court to issue a copy of the document referred to Court by President Jayewardene which not published by the government printer to raise his objections but the 5 judge Bench has flatly refused his request and on the same day ruled in favor of President Jayewardene.
Activists investigations have also revealed the then Prime Minister R Premadasa has rejected the Supreme Court order and not supported the move to appoint defeated candidates through the National List and parliament has only passed the Bill tabled by the Prime Minister Premadasa on 04th May 1988. Yet, the speaker has ratified a different a wrong Bill that was circulated by the President Jayewardene, allowing the refused candidates to enter the Parliament through the National List which the activist claimed an organized constitutional fraud committed against the Nation.
Having found these vital evidence the activist has made request to obtain a certified copy of the Supreme Court ruling that activist challenged patently flawed. However, Justice Wanasundara has refused to release a certified copy of the said case record with the following order made.
“… Communication between the President and the Chief Justice and the Observations of the Court, which are communicated to the President and to the Speaker, need not be disclosed to Mr Kodituwakku. The request contained in the Motion is therefore refused …”
Activist has reported this abuse of judicial office by Justice Wanasundara to Chief Justice as an attempt to suppress the constitutional fraud, involving 5 judges of the Court and requested the Chief Justice to intervene and to make an order to release the relevant special determination record to the Petitioner, enabling him to challenge the unlawful National List appointments. Followed by the said request the Chief Justice Sripavan has released the said special determination record to the activist who had then initiated a case against all National List appointment, on the basis that all such appointments made through the National List are illegal which has not been approved by the Parliament when the bill was presented to the House.
Activist has also charged judge Wanasundara for corruption before the Corruption Commission for suppressing this vital information that revealed the fraud committed against the people involving all three organs of the government including the 5 judges of the Supreme Court. As the Corruption Commission has failed to conduct a credible investigation against justice Wanasundara, the activist has now initiated action against the Corruption Commission in the Supreme Court seeking for an Order against the Corruption Commission, compelling it to conduct a credible investigation into the corruption complaint made by the activist against justice Wanasundara. (By Ananda Markalanda)
Gopalaswamy Vaiko / December 6, 2017
NK.
Dont dig old shit.
Where were you during Mara palanaya and what was your role during 2005-2015.
Today the courts extended the stay order on Gota Bayay and it shows that our justice system has different set of rules to the rich and mighty.
Time to get the foreign Judges.
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Uthungan / December 6, 2017
PIL activist Mr.Nagananda Kodituwakku is doing a significantly magnificent task in his endeavour to right a constitutional fraud perpetrated by the former First President JRJ of SL.
This fraud has been used to perform another wrongful fraud by the current Yahapalanaya administration headed byPresident My3 to bring back through the back door people who were rejected by voters illegally appointed as MP’s in parliament via the National List as the said Bill by which the said appointments were made did not have Parliament’s approval.
Now it is left to all those who are interested in fostering freedom of speech, expression, liberty, justice, equality and democracy in SL to support his endeavour.
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MrRetort / December 6, 2017
This why Ranjan commented about the lawyers and judges
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Ratko Miladic / December 6, 2017
Gopal V.
Yes you are right. Lets all sign an online petition and vote for foreign Judges.
By the way at the rate things are happening very soon we will end up another Rwanda or Somalia and from that another Robert Mugabe or Slobodan Milosevic will come back to power.
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Patriot / December 6, 2017
Rwanda?, Somalia? Mugabe? Milosevic? You do realise that they are not in the slightest way connected to this matter under consideration or to each other, i.e country / leader ?
Besides, that you really should brush up on your historical and political research before casting aspirations on leaders dead or alive.
And for heaven’s sake stop watching CNN or BBC, if those are your only sources to the world outside!
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Thengai Srinivasan / December 6, 2017
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Trevor / December 6, 2017
NK, When every one who express negative opinions today are able to one day reap the harvests of your untiring efforts they will sure remember you.
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Jagath Fernando / December 6, 2017
Stinks is what happens when President appoints judges without a proper procedure.
Not a bad idea to get foreign judges who would be independent.
We need more people like Nagananda and Ranjan R.
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shankar / December 8, 2017
the problem is with our modaya voters the guys elected are just as bad or even worse than the national list.I’am wondering whther elections for parliamentaians should be cancelled altogether.Only one election every year should be held for the president and he can appoint anybody he wants however every year he has to face the people and get their approval at a yes or no referendum to continue in his job.If it is a no by more than 50% he should resign and a presidential election held.
All this stupidity is a colossal waste of money to send corrupt uneducated idiots into parliament.
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Upali Wickramasinghe / December 11, 2017
Shankar, It is interesting to study why the UNP and the SLFP do not have credible second rung.How did JRJ convert the rank and file to pure and simple pimps? Mrs B.also contributed to the fall of the SLFP.My explanation, it is the dictatorship within the party that had caused this turn of events.The rank that questions the leadership is not backed by the other rankers. they like to be taken like goats to slaughter.
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shankar / December 11, 2017
upali
my worry is good people don’t go into politics.We have to simplify the system so that anyone can put up their hand and get into politics if they want to serve the people.If the president is given the powers to appoint whomever he wants then he can choose the people properly.If he does not produce the results and if the people are not satisfied about his and his choices performances then he will be removed by the people at a referendum conducted every year.It is a bit like the monarchy at one time but with a difference that the king has to get approval from the people every year to continue to be the king.That never happened in a monarchy and as a result if the king was a bad or incompetent one the people had to just suffer in silence,but in periods when they got a good king peace and prosperity reigned.
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Robert Fernando / December 9, 2017
Mr. N Kodituwakku seems to revel in a wild goose chase! How can it become corruption when an SC Judge comes to a decision not to accede to someone’s request? To call it an abuse of judicial office is stupidity to the extreme! If a Judge or a Bench refuses to grant leave to proceed with an FR petition, will the Judge or the Bench be castigated as abusing the judicial office! It is well recognized in the common law that judges of superior courts cannot be imputed mala fide or ulterior motive and no action could be taken against them on that score. Even against judges of courts of first instance, this cannot be done unless there is clear and unequivocal evidence to show that an original court judge has acted with mala fide. This principle is followed because otherwise no judge will be spared by either of the parties when the judge holds with one party and the other party will allege abuse of judicial office! In the above news item it is reported that 5 judges of the SC in 1988 flatly refused to hold with the then petitioner; had those 5 judges abused their judicial office? That was almost three decades ago!
While it is true that some of the actions or omissions of the past and present day judges do not inspire confidence in the people’s mind, there are limits within which the judiciary can act and when it fails to maintain the right balance, there is a possibility of the whole democratic edifice crumbling in the country. We did experience such a scenario when the former CJ was impeached and removed from the position. People should not have short memories; we should build on good traditions; but it could be done by incrementally improving the scenario.
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Janaka Bandara / December 9, 2017
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Janaka Bandara / December 9, 2017
After seeing National List abuse in the media I too did a study about this. I perused the relevant Hansard (04th May 1988) and also the Parliamentary Select Committee (PSC) approved 14th Amendment. Both show nothing about appointing of defeated candidates through the National List. Both provide very clearly only those names published in the National List Gazette will be appointed through the National List.
Then Prime Minister had pledge the house that he only present the bill approved by the PSC and rejected the incorrect Supreme Court ruling. His statement (produced below) clear all doubts on this serious fraud committed against the Nation.
“… Let me make it very clear, that the 14th Amendment presented today, is the result of the decisions taken by the Select Committee on Franchise and Elections, which concluded its sittings on 29th February 1988. It is based on the Report adopted by this Committee…”
Judges in the Supreme Court today are well aware of the serious wrong committed against the people by the Supreme Court in 1988 where 5 judges have betrayed the trust placed in them by the people by allowing President Jayewardene’s 14A which was not even published in the Gazette or placed in the order paper of the Parliament.
3 judges (Sripavan, Chandra Ekanayake and Dep) declined to make an order on the request made by lawyer Nagananda to obtain a copy, because they knew that would open can of worms. Yet Judge Wanasundara came to rescue the Supreme Court and the President Sirisena who made illegal appointments through the National List. She refused to release the copy of the Supreme Court case record to activist Nagananda, which he had exposed in the media. And when a fresh request was made to CJ Siripavan again for the said record CJ had no other option but to release it permitting the activist to challenge the National List appointments.
Clearly the act of Judge Wanasundara is not acceptable at all and she is deserved to be charge for Judicial Corruption for abusing the judicial office to favor the President Sirisena and to suppress the fraud committed by the judges in the Supreme Court.
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Uthungan / December 11, 2017
Janaka
Every informed right thinking person would agree with all what you have said about this particular woman judge, who if she has a conscience at all would immediately resign her post.
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Kolitha / December 10, 2017
The Bill passed by the Parliament (14th Amendment Bill) published by Activist demonstrates that it contain no provision for defeated candidates to enter parliament through the National List.
Everybody involve in this fraud and everybody who suppressed this serious wrongdoing committed against the Nation should be dealt with strictly according to law regardless of the office they hold.
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Thusara Perera / December 11, 2017
All you need is a Tiran Alles, a diamond ring
and a fat loan for the hubby, That has been
done. So judges also become prostitutes of
their profession.
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