1 October, 2020

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Bad Judge to Court of Appeal

By Colombo Telegraph –

Mrs. Deepali Wijesundara, the most controversial senior High Court Judge, has sworn in as  an Appeal Court Judge. The swearing in was held at the Temple Trees before President Mahinda Rajapaksa.

Deepali Wijesundara appointed as an Appeal Court Judge

Judge Deepali Wijesundera has been known for her arrogance from the time she was a Magistrate. She did not like suspects being brought to her residence by the Police.

In 1986 when she was the Kesbewa Magistrate, she remanded a senior public servant named Mrs. Dharmatilleke without even seeing the lady. Dharmatilleke was a witness in a case in the Colombo High Court and a warrant was issued to arrest her because she did not attend courts. She was arrested by the Police. She told the Police that she did not get summons. She also said that she was a heart patient and requested that she taken to the hospital. She was taken to the residence of Wijesundera on a Saturday. She was not taken inside the house but was kept in the Police Jeep. The Policeman went into the house and got a remand order. Wijesundera remanded the lady for 14 days even without seeing her.

According to the law, a person must be physically produced before a judge to be remanded. This gives the person an opportunity to tell the judge why he or she should not be remanded and also about any circumstances of the case which such person wants the judge to know. Also, a person who has been assaulted by the Police can complain to the judge about it. Normally, if a suspect is in the hospital, the judge must go to the hospital and see the suspect before making any order.

Mrs. Dharmatilleke later filed a fundamental rights application. Dr. Colvin R. De Silva appeared for her. The Supreme Court held that Judge Deepali Wijesundera had remanded Mrs. Dharmatilleke without being produced before her. The Supreme Court judgement is by Chief Justice S. Sharvananda, Justice O.S.M. Seneviratne and Justice H.D. Tambiah. The Supreme Court stated that if Mrs. Dharmatilleke was produced before the Magistrate, she would have explained that she had not re¬ceived summons from the High Court. She could also have told the Magistrate that she was a heart patient and wanted to be admitted to a hospital. The Magistrate may have remanded her till Monday only and ordered to be produced in the High Court.

The Supreme Court held that Dharmatilleke’s fundamental rights were violated. The Supreme Court case number is SC 156/86.

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Latest comments

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    this is nothing to be surprised. we can read in between the lines . this is dharma dweepa and budhunge deshaya but things do happen this way. Wonderful. Beautiful Sri Lanka.

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      I am fed up with this misuse of power by the govenment. If I am Deepali I wouldn’t have excepted this post after the white flag case. It’s pretty obvious

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      Please confine your disparaging remarks to the judge..and not cast disparaging aspersions on our nation’s Buddhist heritage by ridiculing “budhunge deshaya” and “dharma dweepa”. Don’t cut your nose to spite your face. No country is without its share of faults, and during the lifetime of Prince Siddhartha, the merchant class that lived in those times behaved in the same way as the civilization of today. The ethics, values, principles, and social culture was degenerative then, as it was now, and it is in that context that Lord Buddha preached his noble philosophy. All too often, critics like you, throw barbs at a spiritual leader and the fact that this island has tried to upheld Buddhist values as if , Lord Buddha is to be blamed for what goes on here. Please confine your criticism to the lady judge in question and those who have now given her a promotion, and please refrain from casting aspersions on a noble philosophy that has helped this island nation to retain some semblance of goodness and civility and values, although it may not be practiced and followed by all.

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        Go (removed) . some semblance of goodness and civility and values, must be in your arse.
        wake up, lightening has stricken the dharmadeepa!

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        Actaully this is exactly what should be told to this Kaku suddas whos’s forefathers bitrayed this country and bacame landed and powerful and are slaves to the Judaic-christian value system (need not necessary be of that religion). They love to make any derogatory remaks about this country in relation to its culture. Pl. tell us what your colonial masters , the Church did during the time they had full controll. These hypocrites thinks no end of them selves and sit on judgement on a value system which was absolutely discreminatory and ruthless.

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        [any derogatory remaks about this country in relation to its culture. Pl. tell us what your colonial masters , the Church did during the time they had full control.]

        Its OK they are now balancing the ledger. I hear officials arrested a Indian Catholic Nun at Moratuwa other day who was looking after kids been destine to the scrap heap. I am sure this will go some small way to justify what the church did.

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    Every human has different mentality.women always has done worst.most high ranking job like judges,should think own roll of the job.this kind persons are sick.they ruined the law.so sad about her.mrs deeply has no husband may be.then women go crazy.god bless the country and the law

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    Deepali must have a secret admirer in Sataka! These are a bunch of crabs dancing until the water gets to boil. This drama will be over soon!

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    Removed by the moderator

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    This is like playing musical chairs.Please don’t make the rest of the world laugh at the Judiciary in Srialnka.Bad enough to live with it.

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    It is like playing musical chairs.Please don’t let the rest of the world laugh at the Srilankan Judiciary.

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      Chitra, that ship has long sailed. We have become joke of the world . one of the most of corrups judicial system. We have some very bad judges out there all influenced by politics

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    Upholding of Buddhist values is well illuatrated by the violence in recent history, 1977 tamil anihilation, 1983 Black july,30 yrs of civil. 1971/1989 JVP PERIOD, conducted according to avihimsa and non violence .Sri lankan society is a flock of indiciplined sheeps with out any one to lead.

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    there is nothing strange.when you are helped you must also help in returrn.that is our vsinhala culture.

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    Justice Wijesundara’s appointment is not that one can comment on it. She was a senior High Court Judge who is entitled to be a Judge of the Court of Appeal. People of our country has a habit of criticizing the judiciary for nothing. It is nothing but insulting your self. our judiciary has a good name. the court cannot give political judgments. they go by evidence.
    I have my doubts about the SC judgement on fundamental Case as there is no judgment against the judiciary for breach of FR. it is against the Administration you can bring a FR case Pl check again. you will be charge for contempt of court.

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      shed dog what you writing ,people have right to criticizer as it jungle law.

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    Sarath, Which world you live in – real or dream? Konde bandapu Cheennunta kiyanna owa. Thawath Sataka sattamrala kenek!

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    a magistrate criticised by a former independent supreme court for her callous disregard to law gets her promotion to a politicised court

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    Magistrates rarely inquire in private from persons produced before them about their side of the story/accusation & remand them. Judicial inquiries into incidents where police and army are involved are never held.
    So far, there has been no judicial inquiry into the Navanturai Brutality when more than a hundred civilians were dragged out of bed while sleeping and severely attacked causing broken limbs and other grievous injuries.
    The victims are in jail, and the perpetraters are free.

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    there is are two words can only apply for this lady,(removed by the moderator)

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    jungle law you need only glass of kasippu to get supreme court judgment .this lady is shed and nothing.her fussy can make appeal court in future what happen siri lanka fucking legal system.>

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    if you have supreme court can rectify law is ok but that other lady benderakeye ,shew is worst than this lady. ultimate justice make shed in siri Lanka.

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    this is nothing today all jungle law shed legal system and who belie this dirty a animal political leaders in this dirty nation.this is end game. very soon this jungle legal system will end and this ladies go held

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    We all know why placed “Bad Judge to Court of Appeal”. SF’s appeal will come to her?

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    She’s good for a Watti Amma.

  • 0
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    A clumsy attempt by the uneducated uncultured ones to block a Fonseka appeal.

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