9 December, 2019

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Ado Chief Justice Hoooo

Ado Chief Justice Hoooo: Sarath N. Silva Is No Respecter Of Principles And Rules

By Basil Fernando

Basil Fernando

Mr. Sarath N. Silva has taken three different positions in regard to the impeachment of the Chief Justice within a quite a short time.

Initially, he said that, under the provisions of the 1978 constitution, even a Chief Justice who gives justice to others has no way to get justice.

Then, while attending a funeral he met his old friend and master, the President. Soon he declared that the charges against Chief Justice were very serious and that she should think of resigning.

Then, after the Chief Justice’s letter was published, in which she clearly and firmly denied the charges, Silva’s reflections on the seriousness of the charges lost ground. His new argument was that the President has the power to appoint an Acting Chief Justice and the Chief Justice should take that seriously. He did not ask any questions as to whether any action by the president to that effect would be right and just, and what impact it might have on independence of the judiciary.

The Lord of the Flies is a great novel by William Golding. It is about a group of young British boys who land on an isolated island due to an accident. Hoping that some ship may notice them and come to their rescue, they initially organize themselves and abide by rules. As the days pass by and there seems to be no hope of rescue their discipline wanes and they forget about those rules. Gradually, once well behaved boys become savages.

The British are a rule abiding people and their idea of being civilized is abiding by well tested rules. Their legal system is based on that premise. That is the legal system they introduced to Sri Lanka. It can survive only while the principles on which the rules are based are respected.

Early generations of judges and lawyers understood this and they were quite capable of being good guardians of the legal system. That is no longer the case. This is told quite eloquently by S.L. Gunsekara, himself a well tested lawyer, in his book titled Lore of the Law and other Memories. He talks of the “good old days” when good judges and lawyers, some of whom he speaks of as giants, ran the system; where good cases almost always succeeded and bad ones were lost. He describes the present situation through a quote from a senior lawyer, D.S. Wijesinghe, President’s Council, “We now have a new Parliament and with it democracy vanished. We are now about to get a new Superior Courts Complex and with that justice will vanish”.

It is in that bad period that S.L. Gunsekara places Sarath N. Silva: He writes: “…our former Chief Justice Sarath Nanda Silva PC (whom to my mind did more to undermine the independence and quality of judiciary and hence the administration of justice, and to destroy the confidence the people had in the judiciary, than any other person or persons both living and dead)…”

ADO Chief Justice Hoooo—

S.L. Gunsekara devotes one small chapter about an incident that happened when his father, who had been appointed as Acting CJ, visiting him at his school, St. Thomas College. One boy, having noticed him shouted, ADO Chief Justice Hoooo. This is of course quite a boyish prank.

But, on hearing about former CJ, there are many who would want quite earnestly to say, Sarath N. Silva, Hoooo, Hoooo, Hoooo. I believe that is quite an appropriate salutation to him.

I have that feeling every time I remember the case of Tony Fernando (Anthony Emmanual Fernando). I did not know Tony at the time of the case but had lot to do with him later. Tony had an idea of justice for himself as well as for others. He belongs to that category of citizens to whom the justice system owes a lot. I have met and worked with many of them who fought cases knowing quite well that at the end nothing will really happen. Fighting for justice is itself the cause and the outcome was of little concern to them.

Tony went before Sarath N. Siva and two other judges to request the relisting of a case which had been dismissed twice already. He appeared for himself and made a simple request to refix the case before some other judge and not Chief Justice Silva. However, the case was called before the same three judges and Chief Justice Silva asked Tony on which basis he came to court. Tony replied that he appeared under article 12(1), equality before law. Chief Justice Silva may not have expected that reply from a mere layman. His reply was to ask him to shut up or face the consequence of having one month each added to each word Tony would speak. Tony was sentenced to one year’s imprisonment and taken from the court to jail immediately. That was the type of justice prevailing then. When I heard this, as I could not say, Ado Chief Justice Hoooo, Hooo, Hooo, I nominated Tony to a Human Rights Defenders Award, the first ever award by the Asian Human Rights Commission. Tony did not consider offering an apology to the Chief Justice in order to get his sentence reduced. He appealed and the same three judges, with Chief Justice Silva, presiding refused the appeal. Undaunted, Tony then filed papers with UN Human Rights Commission, which held that the imprisonment amounted to illegal detention committed by the Supreme Court of Sri Lanka.

Tony now lives with his family in Canada, still a very just man working for justice for others.

Whenever I think of him, in my mind I salute him the same way I do to hundreds of others, who I know have spent years in courts knowing well that they will not get justice. But they continue to do so to make a point. Such great litigants are still there and they deserve a better system and better judges.

When I think of former Chief Justice Silva, what comes to my mind is the other salutation.

Legal reasoning is about applying the mind to legal principles and rules in terms of particular facts and circumstances. Perhaps the greatest example of such juridical thinking was exhibited by Sir Sydney Abraham when he gave his judgement in the famous Bracegirdle case. The Supreme Court quashed a decision made by the governor ordering the deportation of Bracegirdle within 48 hours.  The Chief Justice said,“There can be no doubt that in British territory there is the fundamental principle of law enshrined in the Magna Carta that person can be deprived of his liberty except by judicial process”.

It is the total opposite of cunningness, of unscrupulously bending the reasoning to suit one’s own preconceived ideas and schemes. Chief Justice Silva failed to grasp the distinction between just reasoning and cunningness.

The legal edifice that existed in the ‘good old days’ that S.L. Gunsekara speaks about has now been pulled down. The cunning of politicians like Junius Jayewardene, who pulled down the very foundation of the legal edifice founded on rule of law through his “constitution”, combined with the cunning application of law to serve his political bosses by Chief Justice Silva, has brought the nation down to the situation of those boys who turned savage in the novel, The Lord of the Flies.

How we can rise out of that savage state is hard to predict. However, one can predict that so long as the cunningness of politicians and judges who serve savagery remain, we are doomed to stay where we are.

Related posts;

President Can Appoint An Acting Chief Justice, No One Can Challenge It – Advice From Sarath Silva

WikiLeaks: The Only Supreme Court Justice Who Dares Challenge Sarath Silva Is Shirani Bandaranayake

‘I Have No Objection Against The Impeachment’ Says The Most Corrupt Chief Justice

Set A Former Chief Justice To Catch A Chief Justice?

Impeachment: ‘She Got Too Big For Her Boots’ – Mahinda Rajapaksa Talked To Former CJ Sarath Silva

One Retired Chief Justice Turns To Monkhood While Another Returns To Advice A Kleptocracy

WikiLeaks: EX CJ Sarath Silva’s Judicial Pedigree

Sarath Nanda Silva: Corruption Vs CORRUPTION

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Latest comments

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    I had the chance of watching the former CJ Sarath N Silva batting like a hero to very polite questions put to him by the Derana’s 360 Degrees host otherwise very probing Dilka Samanmali last night (12.11.2012).

    SNS said Dilka that he had the practice of worshiping the Buddha twice before he took the bench in the morning. He tried to imply that the judgments he delivered had no any bias or prejudice because he was guided by the Buddha. He called MR a very cunning politician (Kapati) for whom RW was not a match. He also said that when he had to deliver the judgment on the hedging case and subsequent fixing of the gas prices, he had to retreat because MR was a politician with whom he could not fight and win. If MR was determined to do something, he would go all the way to get it and he could not run that risk. He called it a tactical retreat.

    With this admission, he showed that he was a coward and proved that the current CJ was a real heroine.

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      Similarly according to SF both characters MR and VP look alike. They both go for all or nothing…..and as VP end up in Vanata…..a. g… Bokk… Business means business serious Business.

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    Ado supporters and sycophant’s of this despotic regime, Hoooo Hoooo!

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    The system here needs a thorough clean up. Question is who can do it? In India we see Ana Hazari and Kejriwal fighting a lone battle whilst established political parties are swamped in corruption and scandals.

    The system will collapse only if the truth behind all these scandals are revealed. Those who know the facts must reveal these for the benefit of the country and future generations.

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      Any well informed citizen of this country is frustrated and in dignified by the day to day happening in ths country mainly through the ruling politicians, knowing the nature of the people who rule, they are unable to do so, due to fear of reprisal. We do not have freedom of the press or stand up against the oppression. Even learned academics take to the side of the oppressors, where do the ordinary citizen stand. This article about the former CJ make all of us bow our heads in shame. Sarah N Silva is man of very low calibre and will stoop to any level to get favors from the ruling junta. Better he keeps his mouth shut rather than creating chaos in the country. He should not support at this critical juncture and strengthen the hands of the evil forces to impeach the present CJ. Let saner counsel,prevail.

  • 0
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    Great response Mr Basil! This is the way that despicable men like Silva ought to be attacked. Not politely. Polite attacks have had no impact on him.

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      Lalitha, Polite attacks are effective on people who are Decent, Honest and those who are concerned about their stature and integrity. For these Gas Ballas from the Gutter who have become wealthy by robbing and some of the scum who has come up the social ladder being educated as Sarath N Silva type are thick skinned and has no effect whatsoever. Now see after he got caught screwing a woman in the car, how he got about as if nothing has happened. They are shameless and what I can not fathom is why people keep company with such yet giving recognition?

  • 0
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    Dear Mr. Fernando, thank you! You hit the nail on the head.

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    BUT I HAVE SEEN AND HEARD HIM THIS FORMER TCHIEF JUSTICE SARATH NAANDA SILUVA PREACHING BUDDHISM [ABHI DHAMMA] IN ELECTRONIC MEDIA TO OTHERS HOW TO BEHAVE IN LAYMAN LIFE.

    WHAT LAGOON CRAB HE IS TELLING OTHERS TO GO STRAIGHT.

    A BUNCH OF BLOODY SXXX ROUGES TO SACRED JUDICIARY AND PARLIAMENT TO DESTROY SRI LANKA FOR POWER AND MONEY

  • 0
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    This Sarath Silva had brother, a medical doctor, he was insane or had mental illness. He was occupying a house that was not belong to him in Borella , Cotta Road. one day while he was the Chief Justice, this insane doctor took his gun and fired to an outsider, might have been a passenger. the police was taking investigating steps. Sarath intervened with police and rescued the the doctor. poor passenger, the victim ….

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    As I said earlier, this man is a disgrace. Worshipping Buddha and living in adultery. Diabolical liar. Keep your bloody mouth shut.Debacle of Asia.

    Coming back to Dilka, she is not a media person. She is Dilith jayaweera’s servant, doing his bidding. She is very arrogant when interviewing pakiasothy or mangala and becomes a meek rat in front of Gota and former Cheap justice. What double standards.

  • 0
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    Ado Basil Ho…Hoooo……..Hooooooooooooooooooooooooooooooooooooo

    He was bad when he supported Mahinda……
    He was good when he opposed Mahinda………
    Today SNS again is a fall guy for Basil & the AHRC………….

    NGO hypocrite……. hood winking the readers.

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      Dicky,
      Which one of those three would you be happy with?

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      @dicky bird, who the hell said that Silva was good when you supported Mahinda? Point to ONE single statement of HRC OR Basil F. saying that Sarath Silva was good? Show us!All their statements are recorded so what you saying shold be easy enough to find – if it exists!!

      Don’t just spout lies. Back it up with actual support from reality.

      Who do you think you are fooling? Your abuse of NGO’s has long ceased to have any value to scare people. Now everyone has recognised that the Rajapaksas are the real threat, not NGOs or foreign conspiracies.

      Go masticate that!

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    Sarath Silva’s performance on Derena 360 last night reveals his duplicitous nature. So hard to find a honest man, in a positions of authority, in SL. Regarding helping Hambantota he said upon delivering a judgement favourable to Mahinda, there was a sense that Mahinda will use the opportunity to do good deeds for the people. The facts of the case are to be considered along with the judges feelings on the matter. How sad, this man was the CJ.

  • 0
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    @punchinilame, You are posting the same link, CT is not for posting links.
    Read;
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    This comment was removed by a moderator because it didn’t abide by our Comment policy.For more detail see our Comment policy
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  • 0
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    SARATH SILVA IS A PARIAH NOT WORTH TALKING ABOUT.HE ROBBED BERTIE JAYASEKERA’S WIFE AND POOR BERTIE TOOK THE ISSUE TO COURTS.HE NEVER ALLOWED THIS CASE TO COME UP.WHILE LIVING WITH HER HE GOT CAUGHT WITH A WOMAN LAWYER ON PARLIAMENT ROAD AND HE GOT THAT HUSHED UP AND THE POLICE WERE PENALISED FOR DISTURBING HIS SESSION.I OFTEN TOLD FRIENDS THAT HE MUST BE DROPPING THE THIRD PRECEPT WHEN OBSERVING PANSIL.THIS COUNTRY IS FULL OF WORTHLESS YELLOW ROBED MEN WHO TOLERATE SUCH RASCALS HENCE THIS TYPE OF TRAGEDY IN THE COUNTRY TODAY.THE ONE FEARLESS MAN WAS VICTOR IVAN WHO IN HIS BOOK CHAURA REGINA ABOUT ANOTHER WORTHLESS WOMAN CBK TOLD THE WORLD ABOUT HIM
    WE NEED MEN OF THE CALIBRE OF S.L.GUNASEKERA.THE COUNTRY IS ANXIOUSLY LOOKING FORWARD TO HIS STERN COMMENTS ON THE RULING CLAN WHO ARE TODAY ABOVE THE LAW.GOMIN DAYASIRI IS ANOTHER WHO HAD WRIITEN IN MORE SUBDUED TONES.HOW MUCH THE COUNTRY MISSES THE TYPE OF H.L.DE SILVA WHO WOULD HAVE BEEN IN THE FRONT LINE TODAY AS HE RESPECTED THE JUDICIARY SO MUCH.
    MOST PEOPLE DO NOT KNOW THE PRESENT CJ BUT ADMIRE HER FOR THE GUTS SHE HAD AND STOOD UP TO THIS TYRANNICAL RULE.IT IS CLEAR TODAY THAT THE ENTIRE JUDICIARY WILL STAND BY HER.THE WHOLE COUNTRY AS FAR AS I KNOW WILL STAND BY HER AND WHO KNOWS THIS MAY BE THE BEGINNING OF THE END OF THE RAJAPAKSAS.

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    I remember the fact that at one point the JVP (and probably the UNP) was/were considering this same guy as a common candidate for last Presidential election. If SF was not there, certaintly that would be the case. It is quite sad and ironic that history is repeating!

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    Sarth Silva is a stinking cess pit.He should not be allowed any where.I earnestly appeal to Gen Sarath Fonseka to be away from this mean and tainted person.

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    Former Chief Justice Sarath N Silva’s U-turn on the impeachment issue, I think, is a blessing in disguise for former army commander Sarath Fonseka. I think that the unholy alliance is over and Sarath Fonseka is rid of a deadweight on his new political career. Many people once close to Fonseka may have distanced themselves from him when they found him in bad company!

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      No worries Sarath is on the way home. But whose home? Watch out, lock your gates and unleash the dogs

  • 0
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    Supreme Court Justices can usually expect to be both noble and learned, Silva does not have it, therefor no reason for us to to pay any attention to him.

  • 0
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    When he attack MR, Sarath is good.
    When he support MR, Sarath is bad.
    Hih hih
    Real Third World cheap media
    Hih hih

    • 0
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      The sooner he goes under the rock he came from the better for Liberty eh!

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    This morally decrepit former CJ who has a penchant for exhibitionism is no better than the current CJ where honesty is concerned. Dont paint her with colours of the rainbow but reach out for the tarbrush. She did nothing when her husband swindled the bank and it is partially her position as CJ that encouraged him to do the mischief he did.She is equally guilty as her husband until proven innocent.So save your hosannas.

  • 0
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    99% percent of Sri Lankans can be bought very easily, this could be a monetary gain (one off or several)or a position where he/she has the potential to earn by illegal means. This guy Sarath is a crook.

  • 0
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    Adoo..! Same Basil Fernando promote Sarath N. when he was speaking against govt….Hoooo…!

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      I would send Sarath to the abattoir as I cannot kill.
      Babe Danne NaaH :)

  • 0
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    Best Title, You can give to an article on this man who contributed to the destruction of law in SL

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