4 December, 2020

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AG Must Explain Reasons For Charges Being Withdrawn Against Former CJ: RMB

Good governance activist and retired civil servant, R. M. B. Senanayake has called upon the Attorney General to explain reasons which led to the withdrawal of charges against former Chief Justice Shirani Bandaranayake.

CJ Shirani

CJ Shirani

He emphasized that even though the media had reported that Bandaranayake was acquitted on all charges, in fact the headlines were wrong because she was not acquitted and instead the charges against her were withdrawn, and she had not even been called seeking explanation on the charges.

“The authorities should explain to the public the reasons which led to the charges not being proffered, otherwise the public might wonder if there was an attempt to victimize her for her independence,” he said.

Senanayake also noted that the Attorney General must explain to the people, otherwise the dangerous practice of leveling charges against the Judges or the Chief Justice to bring pressure on them to resign may be resorted to by the Executive branch of the State undermining the independence of the Judiciary.

In 2013, the Commission to Investigate Allegations of Bribery and Corruption said it was in possession of enough evidence against Bandaranayake to prove her involvement in several bribery and corruption allegations.

However on February 19, 2016 the Commission withdrew the charge sheet against her and she was subsequently acquitted on all charges by the Colombo Chief Magistrate.

Related posts;

Shirani Bandaranayake Acquitted

Full Text: Letter By Chief Justice Shirani Bandaranayake To DG Bribery Commission

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Latest comments

  • 16
    1

    What is the point in asking, unless present AG is allowed to press charges against the previous AG or the one before him that became a fake CJ? It is obvious to every intelligent person that Mrs B’s charges were political expediency, and a mockery of justice when a number of donekys in the parliament passed a fake judgment against her. Her release of all charges was also redressing of miscarriage of justice, again with a political hand. As I have said before, there is no law and order in Sri Lanka, it is all whims of tin gods.

    • 6
      2

      Eloquently pointed out Bo.

      Why on earth do we treat the so called AG’s Dept with such veneration?

      Shouldn’t they hold a press conference and explain to the people legal arguments behind this?

      Why do we let these monkeys who are employed by the public to conduct such high profile affairs in such secrecy?

      Cheers!

      • 8
        0

        Ben,

        You said it right and author of this article, RMBS is also right in asking the AG to explain as to why the charges against the former CJ were withdrawn without a hearing. This is a legitimate question as people have the right to know the reason. Judiciary today is not anybody’s father’s concern ,like the earlier days.

    • 9
      0

      Although it might another unnecessary issue which the MR regime has burdened the country with it is necessary that a process should be set-up to expose, if there was, a fake motive behind her dismissal and other charges brought against her. Just the withdrawal of the charges could set a precedent in such matters which can crop up in Sri Lanka again.

  • 3
    13

    I feel sorry for Mr Senanayaka.

    Bodhipala Sirisena the Yahapalana President demanded that the CB Governor Singapore Mahendran ,who was appointed by the PM should be sacked..

    Can we expect Batalanda PM appointed Yahapalana AG to obey Mr Senanayaka..

    • 5
      2

      You must be batting for jarapaksha

    • 8
      2

      @K.A Sumanasekera

      I feel sorry for K.A Sumanasekera. Lives in Australia but wants to stir things up in his former homeland. Comment on Aussie politics K.A Sumanasekera. That’s were you live now. Have you not integrated properly ? Not quite an Aussie yet ? I’m betting that you will never fit in.

      Soooo obsessed with Batalanda. We can guess why.

  • 14
    1

    I want fully to endorse R.M.B. Senanayake’s view on the withdrawal of charges against ex-Chief Justice Shirani Banadaranaike. If it is claimed that the former Attorney General had framed charges against her spuriously, ex Chief Justice Shirani Bandaranaike owes it to the high office she held as well as to her own reputation to clear her name publicly before accepting the withdrawal of charges against her. Unless she does that her position will in fact be worse than had the charges against her been proved. Unless that is done, not only will Shirani Bandaranaike’s name be mud, but worse, the reputation of the so called Yahapalanaya further muddied. At the moment, Shirani Bandaranaike seems to have benefited from a piece of palpable skulduggery unworthy of Yahapalanaya!

    Neville Jayaweera

    • 8
      1

      The former Attorney General is the one who was travelling with the former President Mahinda and enjoying the luxuries of five star hotels around the world?

      If so, did he frame the charges on his laptop in the plane or amidst the luxuries of 5* comforts including jiggushi and massage?
      There is case to answer ins’t it?

  • 4
    4

    It is Srilankan justice system. When you are with the government you are safe. Once you step out you are doomed. Shiranee did very well, above her qualification under MR, till she disagreed with him once. When that happened all muck were brought. Now she is with MS so all her misdeed were brushed under the carpet. Wait till MR comes back the play will re-start.

  • 5
    1

    Sometime back (11th Dec 2014), I made a plausible complain to the Corruption Commission against the selling of tax-free permits by Parliamentarians and the Cabinet of Ministers, who make a huge profit by selling their permits to Motor Car importers. From the inception, these Permits are issued ‘in the public interest’ that is to use the vehicles imported under such permits to discharge their office effectively.

    This is what the law exactly says about the purpose of issuance of such permits.

    “… The minister of Finance may, if he deems it expedient in the PUBLIC INTEREST SO TO DO, by order exempt any goods imported by, or consigned to, any person specified in the order from the whole or any part of duties of Customs leviable thereon, subject to such conditions (to be fulfilled or after clearance) as may be specified in the Order…” (Section 19A of the Customs Ordinance)

    But, but in reality, this is a huge scam, affording the Lawmakers and the Ministers with an opportunity to misappropriate billions of government tax revenue for unjust enrichment, which even happening under the Yahapalana administration as well.

    Now I invite the readers to see the reply received from the Corruption Commission.

    ‘… The conditions in the tax-free permits were decided as policy of government. Therefore, any loss caused to the government due to the implementation of such government policy will not fall within the scope of the Section 70 of the Bribery Act. Accordingly, please note that the Commission will not take further action on your complaint…’

    Reader may also like to see what the Section 70 of Bribery Act, states about the offence of ‘Corruption’.

    ‘… Any person holding public office, with intend to cause wrongful or unlawful loss to the government or to confer a wrongful or unlawful loss to the government or to confer a wrongful or unlawful benefit, favour or advantage on himself or any person … does or forbear to do any act … shall be guilty of the offence of corruption and shall upon summary trial and conviction by a Magistrate be liable to imprisonment for a term not exceeding ten years or to a fine not exceeding one hundred thousand rupees or to both such imprisonment and fine…’

    Under MR administration, CJ Shirani B was prosecuted by it ‘with overwhelming evidence to prove the offence of Corruption against her’. And now there is a regime change and it appears that with the disappearance of the MR regime the so-called evidence against the CJ also has been disappeared’

  • 10
    3

    The reason for withdrawing – because it was nothing but a witch hunt because she had the guts to rule against the high and mighty

    • 4
      1

      Yes only after her Husband got into trouble with the Government. How about her record Prior to that

  • 3
    0

    Whatever the case, it is prudent to follow procedure.

  • 1
    3

    [Edited out]

    • 4
      0

      Raj,
      Please see the judgement on this case as Kodituwakku was exonerated.
      The legal fraternity knows the honesty of this public interest attorney and he’s a rare breed.
      This case was well publicized.
      So before you throw mud be sure to have your facts verified and be educated.
      You could see my comments

  • 0
    0

    K A Sumanesekare should be the AG

  • 2
    0

    In a previous opinion Ananda Markalanda wrote about this including the independence of judiciary.
    These are all due to absence of ‘Rule of Law’ and justice becoming seasonal.

  • 0
    0

    R M B SEANAYAKE AT EAST NOW GET A GOOD SLEEP.HATRED WILL NOT CEASE WITH HATRED.LET BY GONES BE BY GONE. WHY NOT RAKE UP THE TONS AND TONS OF SIMILAR RUBBISH INTHE GARDENS OF THE UNP AND PRESENT GOVERNMENT. DO SOMETHING USEFUL MAN.

  • 1
    0

    Without a doubt this was clear case of political victimisation. This was how the Rajapakse’s ran this country “either you are with us or against us” was the tactic and ploy to intimidate people to support them.

    Today MR is talking thorough his hat about the political victimisation and an undemocratic ways the present regime is handling affairs. I am not saying that this regime is totally democratic -in fact we are from the ideal place we all would like to be at. Nevertheless we the people are lot a freer with our opinions and views than when we we were under a brutal regime like MR.

  • 3
    0

    People who speak of matters concerning the Judciary must understand some elementary principles of law.

    When the prosecution withdraws charges there is nothing that the accused could do. That is what has happened in the case of Shiranee too.

    The entire country knew that it was a cooked up charge sheet to please the Rajapaksha’s ill will the same way he did to General Fonseka.
    The entire legal profession stood firm in protest though their objective in holding a independant inquiry against her was finally defeated by Rajapasha.

    RMB has a habit of talking of all the subjects as the authority. Pl confine your comments to your area of knowledge.

    The Attorney General has withdrawn charges in many a cases every other day which is a common occurrance. Every time the AG or the Bribery commission withdraws charges he does not hold press conferrence.

    RMB, pl dont display your ignorance in public.

    HS

  • 2
    0

    According to the sycophant R M B Senanayake “The authorities should explain to the public the reasons which led to the charges not being proffered, otherwise the public might wonder if there was an attempt to victimize her for her independence,” But, this was exactly the motives behind those charges initiated by the Rajapakse regime. Her only crime was standing up to those evil dictators.

    They presented her with about 14 charges out of the blue and she was to respond within 7 days. A request for more time was denied.

    The impeachment motion was by the Parliamentary Select Committee which evidently had no jurisdiction to determine the motion and her request for an independent inquiry was denied.

    Finally, that corrupt parliament sat as accuser, judge, juror and executioner, throwing to the wolves the cherished safeguards of the Separation of Powers.

  • 0
    0

    Bahu.

    Your line…..
    K.A.Sumanasekera should be the AG.

    Sumane,as most readers would have found out is a non-conventional guy.
    Thus,in all probability,he will reject the offer on grounds that it is infra-dig to be an AG,and opt to be a GA!!!

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