By Vishvamithra –
Until the ‘cordial meeting’ held with the President Rajapaksa on 14th Jan 2013, the Bar Association head Wijedasa Rajapakshe, was firmly of the view that rule of law should prevail in the country and there cannot be two CJs (one legitimate another illegitimate). In short he was of the view that no one should be allowed to undermine the integrity of the judiciary and that all alike should respect the Court System and all determinations made by the Supreme Court and the Court of Appeal.
Yet, when Mohan Peiris arrived at the Supreme Court premises the general membership of the bar observed something fishy and strange. The government supporters hailed both Wijedasa Rajapakshe and Mohan Peiris followed by a statement by the bar that it was willing to cooperate with the illegitimate CJ Mohan Peiris.
The membership of the bar, feels that the head of the Bar effectively deceived them. They sensed that both the general membership and the general public that opposed the oppressive, arrogant and lawless regime has been betrayed by Wijedasa Rajapakshe, the kind of total breakdown of the integrity eaten into the entire social fabric in this country.
As happened in Pakistan recently, when some members demanded the Association the total stoppage of work until the legitimate CJ is recalled and restored to the office, it was opposed by the Executive Committee, on the basis that 48 hour token stoppage of work is adequate to display the dissent of the Bar, which in any event the President Rajapakse would have appreciated, even 72 hours of stoppage of work. Effectively the Executive committee of the Bar disregarded the offer made by the JSA (Association of Magistrates and Judges in the District Courts) that they would fully standby any decision taken by the bar that would lead to restore the rule of law.
In this backdrop, the people of this country, indiscriminate battered by the deceptive leadership and helpless would only raise the question, as to the morale integrity of this so-called professional body, which some members of public referred as ‘black coats’ and about the false leadership it offered to the public, at a time there was a total breakdown of the law and order in the country.
Safa / January 17, 2013
WR being an member of parliment and of the UNP was always suspect. So it would not be surprising if his loyalties are divided or leadership of BASL deceptive. It is best if proffessional bodies are free of politicians and politics if they are to maintain their integrity and uphold their principles.
BASL should now select a suitable president and gear itself to play a more vigilant and independent role. Also as professionals they should look into means of better serving the public by levying reasonable charges and expediting cases etc. This will help in building public confidience in the legal system.
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Citizen / January 17, 2013
Agreed.
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subha / January 19, 2013
WR has a history of double dealings. He used to be Kothalawala’s lawyer until shirani thilakawardena hammered him in the supreme court indicating she knew his double dealings in golden key matter. Thereafter WR conveniently discontinued appearing in that case.
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Patta Pal / January 17, 2013
Oh Please, are you serious!
This is a professional association of Lawyers, a Lawyers Trade Union to put it simply. They wish to protect the interests of their membership. They have no interest in the public they serve. So if it comes to charging lower fees for services you don’t go to the fox and ask him to eat fewer chickens, when he is inside the coop!
That is the reasonable charges item you mentioned.
Then when it comes to expediting cases, again the lawyers love to attend and charge a fee for attendance! That is their way of squeezing more. So you dont ask the BASL for that favor, you ask the Court System and Judges to hear as many cases as possible, to work as hard as possible and for that it is the Government, who must pay the judges ONLY on cases resolved then we will see a stupendous backlog being cleared.
Let us face it to seek justice for the average person, the back log must be cleared as fast as possible, and the lawyers have NO intention of doing so.
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jaya / January 17, 2013
Mr. Wijedasa is an another loyalist of both MR and RW. Therefore, we must understand their stance. Anybody can initiated protest campaign but the most important part is to implement proper strategies in order to achieve the goal like lawyers of Pakistan. Our lawyers just confined only to the primitive actions as such cracking of coconut and blessing etc.
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Patta Pal / January 17, 2013
Only if the lawyers collectively decide to stop work until the President relents will things happen. They have to be prepared to halt proceedings for a few months if they are to see real results.
They will not do so, as I believe they are too greedy, and cannot stomach not earning the unconscionable fees even for a short while!
I challenge a lawyer to refute my statement or better to withdraw from Courts until a reasonably acceptable compromise can be reached to protect the Independence of the Judiciary which is THE ONLY solution for a peaceful, prosperous and just Sri Lanka.
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Jayantha / January 17, 2013
Readers:
Please watch the following Derana Video interview with Bar.Association President Wijedasa Rajapakse telling How MARA along with ex.CJ Sarath N. Silva made Golden Key Collapse by restricting Hon.Lalith Kotalawela to sell Golden Key assetts to settle his 10,000 odd INVESTERS.
http://www.derana.lk/index.php?route=programs/programs/programdetails&pid=85&vid=6192&page=1
He says when Hon.Lalith Kotalawela wanted to sell all Golden Key and other assetts to settle the investers, ex.CJ Sarath N Silva for no valuable reason stopped him to do so.
Also there are reports that Sarath Silva made 15 million rupees for helping MR by acquitting from Tsunami Scandal.
Remember it was Sarath Silva who passed bill allowing MR to buy over opposition MP’s to govt side….and allowing unlimited terms for President to stay in power.
Also it was Sarath Silva who forced newly elect CJ Shiranee Bandaranayake to pass 18th amendment.
Therefore it is necessary to investigate both President and ex. CJ Sarath Silva on these corruption charges.
TIME TO INVESTIGATE CORRUPT LEADERS.
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Ummu Hana / January 18, 2013
WR’s policy (ego) of not attending one case tow time was another possible reason for Golden Key deposit holders losing their investment.
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Mahela / January 17, 2013
Supreme court or any Law firm should check all Bank statements(Both Local and Foreign) and other Assets pertaining to DEPUTY CJ Mr.MOHAN PIERIS as there may be some questionable dealings and transactions happened both when he was at UN and as Attorney General.
Therefore it’s reasonable to investigate his assetts and Bank Accounts both Local and Foreign.
IT’S TIME TO DIG DIRT.
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Park / January 17, 2013
Another monkey jumping from branch to branch.
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Lawyer / January 17, 2013
What do you expect from a politician?
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Nipuna Gajanayake / January 17, 2013
or… it may be some promissed from MR to WR that he will get some more cased from govt insitutions like Lake House as WR was to mint money in CBKs regime from Lake House.
another thought is MR was to warn him a income tax issue and threaten him with dire consequences..
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mike / January 17, 2013
MR has a file on WR just similar to the “Kumari” file on Rauf Hakeem. So I am not surprised!!
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chanuka Dias / January 17, 2013
WR is the one who prepared the election petitions for SF against the MR in 2010. Courts throw this away as this was done not properly. This person must be an agent of MR from the beginning.c
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satya / January 17, 2013
HL de Siva, CG Weeramantry, SL Gunasekara,Gomin Dayasiri, Jayampathy Wickramaratne, JC weliamuna crticised the impeachment. Only a few non-important personalities like Carlo Fonseka(not a lawyer) and HLD Mahindapala(just a journalist) says the process was constitutional.
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Shawn / January 17, 2013
I knew from the way he looked at MARA when he visited him at his residence after the shooting. JVP and Fonseka ignored MARA and left his residence immediately. Also, lawyers and UNP could have filed so many Writ applications at the Appeal Court or Fundamental rights violations at the Supreme Court by taking advantage of the situation and with the sympathy from Judges who were willing to give verdicts against the government. For example: UNP MPs who crossed to government side will loose their seats. Without Ranil and Wijedasa, you can’t beat MARA in this case.
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Ralph Ralapanawa / January 17, 2013
Maybe that’s. Only what our lawyers can do? Crack coconuts_ an some reports claim that some of these lawyers have go e to see new cj and wished him
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J K Wijedasa / January 17, 2013
I had already predicted that the lawyers will come back to continue to fleece the public by delaying and postponing cases willfully and unduly. That is their forte.
It HAS HAPPENED
It is HAPPENING
and
It WILL HAPPEN…
There are Postponement Champions (PCs) adept at the game.
I recall the Embilitiya students disappearance case heard befor Judge Nanayakkara. He CUT TWO LEGAL LUMINARIES down to size by refusing to grant POSTPONEMENTS. The two LUMINARIES faded to Colombo
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anaperera / January 17, 2013
This is a sound argument keeping the reader public and the legal fraternity on alert to the challenges and after having to put up with a lot of blah blah ranging from poor to hypocritical to irrelevant arguments from a former party chairman to a former journalist on video to deadwood revolutionary and academics without conscience, this is a welcome change.
With its last passage, it tries to take us beyond our usual practice, depending on individuals ( CBK, MR) to take us to the promised land and then to fight them when the former don’t deliver ( Ranil W, SF, and dr. SB, Wijedasa R). I think the claim by the writer that there was “false leadership” must extend to the entire set up in BASL not just manipulative individuals meaning executive committee of BASL, zonal leadership etc; and the validity of office bearers as the nominations for next term already called upon (while having no naive expectations on the political expediency of wijedasa R as he had the “magic” touch to get blessings of all conquering MR for “contesting” BASL post).
why do I say that ? It is naive to expect individuals to demonstrate integrity and leadership, without proper checks and balances and being held for accountability on a regular basis, especially within a system such as ours. I think no one can disagree we, the public, keep fooling ourselves trusting individuals in political sphere, the judiciary, the military and everywhere in our system. Perhaps, the legal fraternity, who are trained to ask questions ( provided they have the sense to do that) must start that, NOW, and lift themselves from the depths they have fallen into, without trusting in another set of individuals to “lead” BASL and us, as our only hope are the “few judges” in SC (and a functioning BASL) who will be replaced by the end of the year by a whole bunch of stooges, whom we have to call SC judges, no doubt. Yet, what had happened on 15th at SC, (not going ahead with the case filed by CPA and to issue interim relief before Mohan P took oaths) already sounds the death knell, of our hopes and our future as well.
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Saman Wijesiri / January 17, 2013
WR is a good guy but he lacks the mettle that leadership demands. The regime conveyed a message to him when it got goons to fire on his residence. I think he has been a reluctant BASL President since then. It was quite clear to any discerning person that he would cave in sooner or later. He does not possess the Sarath Fonseka-type charisma. So he has taken the easy way out- the path of least resistance. But an intelligent fellow even though spineless should know how to make a graceful retreat. WR has failed even to do that. There is a lesson to be learnt from this fiasco: You can never depend so called professionals or intellectuals to give leadership to any do-or-die struggle. They are softies who would avoid any tough struggle.
Now the despotic juggernaut will roll on crushing all democratic institutions in its path. I think it is now too late to stop it in its tracks by democratic non-violent means!
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Sunila Mendis / January 17, 2013
Wijedasa Rajapakse’s bonafide were revealed when the DRAMA of shooting at his residence was dramatised with MR in attendance.How unfortunate are we as ctizens to watch with dismay the fall of cardboard heros hitherto accepted as heros.
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Tony Anghie / January 17, 2013
I never trusted this Wijedasa Rajapakse. He was and is a double-gamer
Let him eat ponnakku and have Mohan Peris liar’s faecus for his meals
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carlton / January 17, 2013
The humiliation of the legal profession is now complete with Wijedasa Rajapakse surrendering to the rule by mobsters.When he was elected just one year ago many people thought that standards of a once respected profession had gone down a lot to have a president like him. Although Wijedasa is learned in a mechanical sort of way it was obvious he did not have the required depth and gravity to be a leader of a profession.The rotting away of this profession will continue because both guys who have given nominations for the post of president of the bar association for the next year are very much below expectation. One is a UNP activist, always pushing himself forward and a political line taken.His reputation where integrity is concerned is dubious. The other candidate is a kind of an eccentric who will make a joke of the bar association. While we wait for the future to unfold let us enjoy the few remaining days with Wijedasa who has sold everything out for a cup of plain tea and a huge piece of juggary !
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Capucine / January 17, 2013
Carlton, the lawyers made a mistake, a big mistake
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Gamini / January 17, 2013
MR buys everything and Wijedasa is no exception. If you are a weakling you become a pray to his offers he makes with ruthless consistency.Shame on you Wijedasa you are disgrace to your profession.
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Dr.Rajasingham Narendran / January 17, 2013
Where is Wijedasa Rajapakse? Where is the BASL?
Dr. Rajasingham. Narendran
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Villager / January 17, 2013
Now that the self-claimed ‘legal’ CJ hasn’t taken her seat at the Supreme Court bench, and no sign of a constitutional crises and BASL chief Wijedasa PC has opted out of the plot of the Haultsdrop coup and name the conspirators, I am waiting to see, whether the so-called ‘lawyer collective’ will stick to their guns and boycott courts or abandon their ‘legal’ CJ in toto and walk quietly back to court rooms one after the other like mice. Heeee. Leela
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Dr.Rajasingham Narendran / January 17, 2013
You are not Leelaratne, the real Leela. Please stop signing off as Leela. Say what you have to say, which is your right, however much we may disagree, with the nom-de-plume you have chosen – Villager.
The real Leela, whose real name is known to many now, should come forward to comment under his real name. It was a joy to debate you and both agree and disagree with you.
Dr.Rajasingham Narendran
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Jim Hardy / January 17, 2013
Hey folks I anticipated this look at my previous comments, SriLanka has a history of betrayers never appoint a one man show like presidents, chairmans, leaders etc.
every officialdom should be a committee with majority votes never allow individuals to manipulate power, just look at Mahinda, Ranil, Somawansa, etc they will never vacate their seats unless forced out.
Wijedasa played a meticulous game and hoodwinked all, what a bastard he is.
How Rauff Hakeem hoodwinked the eastern voters blagarding Mahinda & UPFA . never believe these bastards, even TNA leadership is unsure they too are upto tricks.
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Kora / January 17, 2013
Greatest ever traitor Wijedasa. Liker of MR ass with Ranil. Wijedasa dont think to contest from colombo. You will be made to defeat. You wont be able to get at least 1000 votes. Say byee to politics and legal profession both.
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Naga / January 17, 2013
Rajasingham Narendran, I had some respect for you as one who raised your voice against the Tiger terrorists. You made many sensible statements.
But I am disappointed about your stand vis a vis Shirani Bandaranaike affair. You easily fell for the propaganda of these so called defenders of judicial independence and democracy without carefully analysing the whole affair.
The plain truth is that Shirani Bandaranaike’s many deeds as alleged in the impeachment motion which were supported by volumes of evidence had made her position as Chief Justice untenable.
MR government has apparently collected all this mud meticulosly and kept them in readiness in case she becomes a problem. Then there was this talk that a judicial coup was about to be staged against MR. The story goes that those who were planning the coup cultivated the friendship of Shirani. That was her undoing. MR is an intelligent and shrewd politician. He knows who is doing what. If he wants he will even find out the identity of this writer.
What really happened therefore is not a challenge to the judiciary or threat to democracy. It was self preservation on the part of MR. This foolish lady fell into the trap of the western interests who are out to destabilise this country.
Look at those who participated in those protests. Were you able to identify ordinary people among them? With all the charges and related evidence leaked out by the state media the people of Sri Lanka are in no doubt that this lady is no different to the politicians of this country. They have no sympathy at all for her. They think that she is guilty as charged.
As for Wijedasa Rajapakse, he is a good lawyer. Though he is involved in politics he is eminently suited to be the President of the Bar Association. Only a vociferous minority in the BASL made all this hue and cry. The majority of the lawyers do realize that it is a personal tussle between MR and this lady. Now most of them will quietly follow their profession fleecing the ordinary folks of Sri Lanka.
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Dr.Rajasingham Narendran / January 17, 2013
Naga,
I was not taken in by anything. If the government had the evidence against the CJ , they should have proceeded to impeach her in a decorous and legal manner. She was denied due process and the right to defend herself. She was abused as a person and her position was degraded time and again. I am not defending the CJ , but am defending her right to defend herself in a proper forum, properly and according to the spirit of the constitution and the laws that govern this country.
You are a lawyer and hence should know more than I do that justice must not only be done, but it must be seen to be done. I have not seen justice being accorded to the CJ . The dirt the government has meticulously collected against the CJ, remains sheer dirt, unless proven beyond reasonable doubt in a properly constituted forum. The government has not only persecuted a CJ, but also in the process mauled the principles in our constitution- a faulty one no doubt in its details- grievously. The government has lost its legitimacy, derived from this very same constitution as a result.
I raised my voice against Tamil terrorism and voiced my opinion on the post- war situation, to the extent I have been called a government lackey and a Tamil traitor. I was apparently on Prabaharan’s short list. I shrugged off the insults and threats because I was convinced that I was right and true to my conscience . I am raising my voice against the very same government I defended once and yet will on the war and its aftermath, for the same reasons. I have witnessed, what was enacted over the CJ affair in the past two months and am utterly disgusted with how the government has played its hand.
I had hoped that Mahinda Rajapakse would turn out to be the statesman this country needed after the war, because of the manner in which the government approached the IDP problem. I am disgusted that he has shown himself to be a cheap, common and visionless politician as those before him. I am quite old now and am very unlikely to live to see the ripples of what has been enacted in the public eye. I owe it my country and people, who made me what I am by giving me the parents I had , the free education they provided and the many bitter and the many sublime experiences they bestowed, to say what I feel, as it is, however bitter it may be.
Dr. Rajasingham Narendran
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subha / January 19, 2013
Delighted to see your objective and sensible views at a time many intellectuals are losing sanity.
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Keerthi Wijayabahu / January 17, 2013
wijedasa is one of the greatest bum suckers in legal fraternity.. he got everything from chandrika. becos he didn’t get anything from MR crossed over to UNP.. he was playing double games on impeachment issue.. he first instinct is to bum suck..and he did it last minute betraying all the lawyers…
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punchinilame / January 17, 2013
It should not surprise the intelligent reading public of the antics of
WR. He was backed by MR for BASL Elections. He was bought with the
9 Billion Rs. the Chinese Govt. gave to MR for free use?. MR knew very
well WR^s stand before the impeachment game commenced. The agenda towards Dictatorship through democratic means has been laid out – outsiders can take it or leave. The same applies to I/C. But did at least Rajiva dare resign given this opportunity? This is the kind of Sri Lankan intelligentsia.
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Senguttuvan / January 17, 2013
Adding to the comments of Keerthi W, I am of the view WR over-estimates his capabilities. He fell out with CBK because he felt he was
of Cabinet material. CBK thought otherwise and the baby-faced political neophyte crossed borders. Ranil, short of profile faces, got him in and would have given him something but he (RW) was derailed. WR then hitched his stars on the SF waggon – and that too didn’t take off. What a so-called Senior Counsel – unable to vision the immediate future. So a little inventory talent comes into play and the King comes visiting. Such is the saga of half-past six mediocrities who look as if they had lost their marbles.
Senguttuvan
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lanka / January 17, 2013
BASL proved that it is nothing more than disintegrated puppet body with no firm commitment to achieve any desired results. Mahinda Rajapakse would have been more concerned had the body like GMOA opposed the impeachment of the CJ and placed her with a political stooge like Mohan Peiris. It should take the full responsibility for allowing Mahida Rajapakse to undermine the Judiciary, ridiculing the judges of both the Court of Appeal and the Supreme Court.
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Senguttuvan / January 17, 2013
The moment the island-wide legal fraternity veered away from that fine tradition of having the finest legal minds in the bar, irrespective of
race and religion, to lead the BASL – to be replaced by majoritarian mind-set and considerations, they stepped into the slippery slope. What we saw, in consequence, is the black-coats breaking coconuts and proving more to be kattadiyas than men of learning versed in jurisprudence. In the CJ and the BASL they had one of their own
quality – and that is why the name of the profession is dragged in mire.
Senguttuvan
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Yehiya / January 18, 2013
Razik Zarook & Mohan peries will deleate the two respectable institution in Sri lanka.
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Senguttuvan / January 18, 2013
Carlton and Saman Wijesiri read the mediocrite Wijedasa R well. It is apparent on his own he has decided even lawyers who supported him for the BASL post are now fed-up with him. So he throws in the towel.
Even what is waiting in the wings (Upul J and company) do not measure
up to the heights former BASL Presidents reached. But anyone has to be better than WR, stronger addressing Court in the vernacular.
Where we produced and claimed giants of jurisprudence among English-speaking countries, we now come out with faltering mice.
Senguttuvan
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