The Bar Association of Sri Lanka (BASL) issuing a statement today condemned recent statements made against judges, prosecutors and even private practitioners.
Namal Rajapaksa took a selfie with Ajith Prasanna last morning at Temple Trees
The statement said that BASL unreservedly condemns the statements made with reference to concluded cases, pending litigation, role of Judges, role of prosecutors and the right of representation relating to litigants who are parties to court.
This statement follows accusations raised by an Attorney Ajith Prasanna against some judges, prosecutors and selected lawyers appearing on behalf of victims.
Speaking at a press conference he alleged that some judicial officers and prosecutors have conducted themselves in their official capacity under political influence and for other benefits.
BASL in the statement requested its members to refrain from making such references and to refrain from using the media for such purpose, the statement goes on to state that in the event this trend continues by any of its members the BASL will not hesitate to report such conduct for appropriate action.
“We request our members to act within the ethical standards of the profession and preserve and protect the dignity of the profession,” the statement said.
“Judges and prosecutors exercise a public duty and the BASL is of the opinion that no such Judge or a prosecutor should be taken to task for conducting a prosecution or hearing a case. Our judicial system is a well structured system and any party affected by a decision of a court could always appeal or follow the process identified by the law,” the statement read.
The statement further draws the attention to the concept of “Sub Judice” which is consistently followed within the legal system.
“It is an accepted norm that no references can be made to matters that are pending in court. Any party to such proceedings, any third party and even members of the legal profession should refrain from making such comments on pending litigation”.
Speaking of any person’s right to legal representation the BASL states that it is so recognized under the statutory law and that it is an integral aspect encompassed within the concept of “Rule of Law”.
“Even in the recent past there were a quite a few instances where references were made to pending cases and sometimes the Hon Judges who heard such cases. It is regrettable that this practice is permitted to be continued without any notice being taken in such regard,” the statement said. (By Anuruddha Singgapuli)
Buddhist / December 12, 2019
If the Judges and Lawyers behave in an illegal manner anyone should be able to condemn them, no one can stop it. This is the only way to ensure that the Judicial employees do their job honestly, if not Law and Order in the country will be ruined.
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Amarasiri / December 13, 2019
BASL,
This is the standard operating procedure, SOP, of the Rajapaksa Waffen SS.
The Para-Sinhala Para-“Buddhists” , mean measured IQ 79, have no clue, as they have been brainwashed by the saffron clad Para -“Buddhist “ monks, to prostrate to them, who are distorting Buddhism, insulting the Buddha, and the imbeciles who voted for the Mafia Rajapaksa Waffen SS have no clue.
Ask the imbeciles if they have any clue?
Imbeciles have no idea.whether they are coming or going. The two traitors and sevalayas ( sleazes) Sirisena and Ranil, have seen to that, giving an opening.
A Land like no other, where the Para-Sinhala Para-“Buddhist” monks run amok , the prostrating imbeciles vote, and the Rajapaksa Waffen SS practices it’s standard Operating Procedure.
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Dr. Gnana Sankaralingam / December 13, 2019
Sri Lanka judicial mechanism consisting of police, bar and the bench is institutionally racist. First degree murders of non combatant Tamils by security forces were declared without batting an eye lid by racist judges as collateral damage or justifiable homicide, when there was incriminating evidence to convict them.
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Sampath / December 13, 2019
This is the bitter truth. Even after the Easter Sunday attacks, lawyers could not appear for innocent Muslims because there was resistance among the lawyers in a racist way not to appear for Muslims. Later, these innocent Muslims gave a very high fee and got lawyers who thought that these fees were attractive in relation to racist resistance.
Similarly, judges also behave in a racist manner. When the accused took the burden of proof and proved his innocence, then instead of acquittal, the judges referred to the AG’s office to obtain an opinion in order to give a bail and turned the case fully politicized and still some cases are under the carpet of AG office.
I do not think anyone, including BASL, can deny that the system is racist.
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Eran / December 14, 2019
LTTE killed mostly innocent people ..
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Amarasiri / December 15, 2019
Earn ,
The Para-Sinhala Para-“Buddhists” killed mostly innocent Tamils. Check the data.
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Upali / December 18, 2019
Await the next episode. People get the govt. they deserve.
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Nimal Tissa Wijethunga / December 21, 2019
LTTE killed mostly the innocent people of Sri Lanka deliberately including all tamil political leaders.
Armed forces killed LTTE combatant in the battle.
That is the truth.
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Dr. Gnana Sankaralingam / December 22, 2019
Sri Lanka armed forces deliberately targeted and killed innocent Tamils. Going into houses and killing people, firing indiscriminately into crowd like market and bus stand, arresting people, liming them and summary executions, indiscriminate firing of artillery from army camps into towns, rolling barrel bombs on houses, air attack on houses and places of worship, killing of fishermen, intercepting passenger ferry and killing people, mass arrests and disappearances etc. These have been widely reported by JTHR and NESOHR. This is the truth.
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Native Vedda / December 22, 2019
Nimal Tissass Wijethungass
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“Armed forces killed LTTE combatant in the battle.”
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According to government information in 2010 there were 95000 young war widows. It means Armed forces killed at least 95,000 young men between 2005 and 2009 in other words there must have been a minimum of 95,000 LTTE cadres actively involved in the war who fought for the LTTE.
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According to Gota, the number of death amongst the LTTE was only 35,000. There must have been some c
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GATAM / December 13, 2019
You cannot be Buddhist. Your views are decent!
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J Goonetilleke / December 14, 2019
It is not only the lawyers and Judges what about the police. The destruction of the supremacy of the law and order is by the guardian.of the supremacy of the law the Police and the Bar Until the whole the Police and the bar are cleared of the corruption ,this country will never enjoy the RULE OF LAW nor will it ever be developed. The Police commission is the organization that legitimizes corruption by suppressing legitimate complaints. These reorganizations made by Ranil Wickremesinghe to mislead the international community to show that there is law and order and democracy when there is none.A LIE
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Craig / December 12, 2019
A wishy-washy statement that contains mild threats that will never be carried out. gosh! what an idiotic namalsmiley.
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meek / December 12, 2019
Craig – “what an idiotic namalsmiley.” This GCE (OL) failed is a synthetic “lowyer” and he is born IDIOT.
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Nandamal bahubutha / December 13, 2019
BASL, you went to courts against Naganada and Ranja. If you are honest seekj cancellation of this man’s licence to practise law
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Ad / December 12, 2019
BASL and the judicial systems are also responsible for the present state. Law delays, high legal fees, manipulations, favoring politicians in cases, not taking action against politicians who had defrauded and those committed murders etc. are the reasons boomeranging against them. Lawlessness in the root cause of people voting for extremism. BASL has a role to play and that should be much more louder and clearer. People should hear them.
Present regime is illegally stationed. Gota is a dual citizen. He has lied under oath. Technically he may be a stateless person. SLPP has endangered the future of the country by bringing in all the criminals back into power. If Opposition and lawyers cannot show strength, how can ordinary citizens fight? They only pray almighty to extinguish the life of the corrupt.
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ajith / December 12, 2019
In 2015, the rule of law and judiciary was completely failed and the people gave a verdict to get rid of that regime to bring back the rule of law and unbiased judiciary. In 2018, the president who had in power after 2015 joined hand with former President Mahinda Rajapakse and made a constitutional plot in 2018. It is great that Gotabaya Rajapakse got a mandate to become the president of Srilanka and he appointed his brother as Prime Minister and gave another ministry to his eldest brother. It is funny that the current president Gota telling other ministers not to appoint family members as their secretaries.
It is also true that Judges made decisions in order to protect their favourites> Example Chief Justice silva gave a verdict in favour of Mahinda on a corruption case. Similar things happened when the executive power was in operation. However, there was improvement in the judiciary since 2015. Now we are going to go for those periods. Unfortunately majority of Buddhist Sinhala people are not worried about judiciary but only bothered about Mahinda family.
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Umbe. Watte / December 12, 2019
This ajith prasanna is a two bit arsehole who is disgracing the profession. Another baluwanser who is considered a clown. BASL should remove this imbecile.s right to practice. Good mate of Namal. Wonder how he got through the exam. Must have given some favours to the examiner.
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Mustappa / December 12, 2019
This strongly worded and timely response from BASL is effectively a stitch in time, to prevent an erosion in public confidence in the judiciary. Some corrupt Politicians who come to power usurp the powers vested in the judiciary to influence judgement in their favor at the expense of the poor public, and this system of has been going on unabated and getting worse, This interference must stop. It is high time these politicians accept the judiciary as co-equal partners in legislation, and not as subservient tools to do their bidding.
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Nandamal bahubutha / December 13, 2019
Mustappa: Strongly worded, my foot.They should seek an order from the Supreme Court to stop this joker from being a lawyer.
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Uthungan / December 16, 2019
“Get an order from the SC?
Ha, ha, good joke.
Let’s see if the BASL will first petition the SC to revoke it’s suspension order on Nagananda denying him the right to practise before that.
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rohan anthony johnpillai / December 12, 2019
Ever since the sad doom of a year which occurred in 1956 and is being recklessly continued till this very second, what else can one expect from the irrational sitting/shitting on their brains mutts [ modayas / muttals ] best described in capital letters?
These uneducated classless not well-bred brought onto the planet only due to the fact that condoms and planned scientific family planning methodology was not available to be put into implement ion from that period of time.
These yokels still to date are an embarrassment to the norms of a civilizes society where any query can be resolved by mutual correspondence and amicable discussion.
All these sitting on their pompous rotund asses can indulge in acts of lawlessness thuggery arson looting acts of raping and sodomy which ever since the blackened year of 1956 to date is the only lingo understood by this better not to be alive on this earth raving lunatics doubtful citizens are proficient in.
The Buddhist monks along with their uneducated non-sophisticated politician brothers and sisters are the ones who in no uncertain terms have to carry the can for the sad death of a once refined isle.
As to the normal Sinhalese folk they are only very well accomplished in the selling of their beloved to the immoral sex trade which sadly is the largest foreign exchange earner to the empty coffers of the bankrupt country.
The number of old European [ white sex-starved old men who lovingly come on pilgrimage [ wandanawa ] bear testimony to this holy scared fact.
Sad but true, an insult to the second home of the peaceful Lord Buddha.
The uncouth gangster prone and well experienced in thuggery Sinhalese are solely responsible for these sad state of present-day affairs from which a return to a blissful [ peaceful ] atmosphere is only a wet dream.
Cheers, R. J.
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Punchi Point / December 12, 2019
BASL is basically another useless and powerless organisation. Many, not just some, but MANY of their members are involved in crimes, and even when there are solid proven complaints BASL is unable to take action. If BASL had any credibility and power they will disbar lawyers who repeated break the law. Both Namal Rajapaksa and Ajith Prasanna are not good people at all. If BASL had any power and credibility, both Ajith Prasanna and Namal Rajapaksa would have been disbarred long time ago. Many people who are victims of harassment from corrupt and criminal lawyers and judges are dead scared to even complain.
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Sampath / December 13, 2019
It is very true. I myself went to BASL to complain about the cheating of a lawyer who took money and disappeared without appearing to the case. the lady inside the glass room speaks for hours on the phone and in the middle asks me “what? And when I say that I came to file a complaint against the lawyer, she referred me to another junior. This junior told me that I do not need to come to BASL and write an affidavit and send by mail addressed to the president of BASL. Then i want to find another lawyer who like to write affidavit against another.also I thought I’d come to the thief’s mother to make complain about the theft and ashamed of BASL.
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Punchi Point / December 14, 2019
What they say is to write a complain in affidavit form. You can write it yourself, and get a JP to attest You don’t need a lawyer. But a complaint would most probably be useless, since they do not have the power to do anything. They are dead scared themselves. I can write about several instances where rogue lawyers just go about doing what they do best – namely intimidate people and engage in all sorts of thuggery and criminality, and they know they can do it, because they have all the power and control people in power positions. I cannot write specifics due to the possibility of getting identified and most probably this will be the last thing I will get to do if I am identified. It is such a pity that our country is in such a mess due to corrupt thugs who run the country. There are good people at BASL, but they simply do not have the backing in the system to take action. Who are they going to call if somebody threatens them? The police. The police would most probably be more dangerous since a good many are corrupt and many are connected to mafia kingpins who in turn are connected with corrupt politicians and rogue lawyers. Its such a nasty situation. As I have pointed out earlier too, there is no point in changing the presidents and parliament as long the corrupt businessmen i.e the mudalali crowd is not cracked down and dealt with. If at least our media outlets were not so corrupt and one-sided we would have a chance to get our country on track. Right now it seems impossible – everything and everybody is corrupt and nothing functions as it should.
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Kalu Nangi / December 18, 2019
No need to go to BASL. Please write your complaint addressed to the Hon. Judges of the Supreme Court and hand it over to the Registrar of the SC at Hulftsdorp. The Registrar will send it to the SC Judges. The Supreme Court has the power to discipline the lawyers.
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Plato. / December 12, 2019
Sub Judice would be Double Dutch to Ajith Prasanna who is a soldier turned Attorney and more than anything else a lackey of the Rajapakses.
Tough times ahead for the Bench and the Bar!
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Thanga / December 12, 2019
The present regime is illegally stationed. Gota is a dual citizen.
I am not concerned whether President Gotabaya is a dual citizen or not. The people have voted for him despite the fact he retired from the army half-way army and fled to the US and got his citizenship. This is in contrast to Sarath Fonseka who led the military operation against the LTTE untill the end.
At his recent press conference before the elections, he was asked as to what happened to the LTTE cadres who surrendered to the army on May 18, 2009, including those who surrendered carrying white flags. Gotabaya answered saying that he is not the commander on the field, but anyway, those who surrendered were handed over to the Ministry of Rehabilitation. He then wanted the time, date, venue and names of those who are missing after surrender. As for the date, it was on May 18, 2009. One of the eyewiteness is Anathy Sasikaran, wife of Elilan. There are other eyewitnesses as well. The time was between 5.00 pm and 6.00 pm. Venue Vadduvakal. B. Nadesan, Pulithevan and Col. Ramesh surrendered on the morning of May 18 to the 58 Division commandeered by Sarvendira Silva. The surrender was facilitated by none other than Mahinda Rajapaksa and Basil Rajapaksa. The intermediaries were Chandra Nehru, ex-MP and The Sunday Times reporter, Colvin. Gotabaya cannot bury a pumpkin inside a plate of rice. The army said they had a list of surrenders. That will show the names of LTTE cadres who surrendered and thereafter went missing. The mothers of missing persons have been holding rallies and protest marches for the last 1025 1025 days. They deserve an answer.
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S. C. Pasqual / December 13, 2019
Mr. Thanga,
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You can ask Swiss ambassador…
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Ad / December 13, 2019
You may say it is not your concern. If so the questions raised also become irrelevant. If Gota has lied to the EC and is not fit to hold office, then your questions will have to be answered as well. Justice should not appear to be done., it shall be done to the letter. If you allow only your problems solved and others remain, then that is dream.
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Sinhalasena / December 15, 2019
I take a bet tht the BASL will tie their tail between the two legs and call it the SECOND “leg”
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Thanga / December 12, 2019
The present regime is illegally stationed. Gota is a dual citizen.
I am not concerned whether President Gotabaya is a dual citizen or not. The people have voted for him despite the fact he retired from the army half-way army and fled to the US and got his citizenship. This is in contrast to Sarath Fonseka who led the military operation against the LTTE until the end.
At his recent press conference before the elections, he was asked as to what happened to the LTTE cadres who surrendered to the army on May 18, 2009, including those who surrendered carrying white flags. Gotabaya answered saying that he is not the commander on the field, but anyway, those who surrendered were handed over to the Ministry of Rehabilitation. He then wanted the time, date, venue and names of those who are missing after the surrender. As for the date, it was on May 18, 2009. One of the eyewitnesses is Anathy Sasikaran, wife of Elilan. There are other eyewitnesses as well. The time was between 5.00 pm and 6.00 pm. Venue Vadduvakal. B. Nadesan, Pulithevan and Col. Ramesh surrendered on the morning of May 18 to the 58 Division commandeered by Sarvendira Silva. The surrender was facilitated by none other than Mahinda Rajapaksa and Basil Rajapaksa. The intermediaries were Chandra Nehru, ex-MP and The Sunday Times reporter, Colvin. Gotabaya cannot bury a pumpkin inside a plate of rice. The army said they had a list of surrenders. That will show the names of LTTE cadres who surrendered and thereafter went missing. The mothers of missing persons have been holding rallies and protest marches for the last 1025. They deserve an answer.
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Plato. / December 12, 2019
I can only comment coming colours no good,for how long no one knows!
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Thanga / December 12, 2019
The short question is who gave the orders to kill the surrendees and who really pulled the trigger?
Sarath Fonseka told the Sunday Leader that it was Gotabaya who gave the orders to kill, but he retracted under pressure. One of the victims shot to death the previous day was 12-year old Balachchandran who surrendered with two of his bodyguards. In one photo he was seen munching some short snacks and in another photo, his bullet-ridden body seen lying in the dust.
Pl. click the following link to see the list.
(http://white-flags.org/)*
The list comprises the names of 110 LTTE cadres who surrendered to the military on 18 May 2009 by eyewitnesses; it is by no means a comprehensive list. The ITJP through a press release let known to family members and relatives of the surrendees to know that there are eyewitnesses to the surrender of their loved ones to the military on the 18 May 2009 now living abroad. These eyewitnesses live outside of Sri Lanka as they fear for their security and reprisals against family members. The ITJP further said it is cognizant of the fact that some of the people on the list may have been released from detention after many years, without the knowledge of our witnesses.
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gamini / December 13, 2019
Thanga,
There was no running battle between the Forces and the LTTE although the War commenced in Jan 2008 after closing the Mawilaru annicut and finished on the 19th of May 2009. Did you see the Deyata Kirula Exhibition where the Govt displayed the entire armoury of the LTTE that had been buried? After burying all the LTTE wapons did the LTTE fight with their hands and feet? If there was a running battle all those Arms displayed at the Deyata Kirula Exhibition would have been used and found strewn all over. Next is why did the LTTE build bunkers at Kilinochchi if they were to abandon Kilinochchi and assemble on the beachfront and release the Tamil Civilians held as a Human shield, by the 18th May 2009, on which day all the LTTE cadre including VP was massacred. That is where all the LTTE was annihilated and the war was over on the 19th of May 2009. The Americans helped the Forces by getting the LTTE to bury their weapons, abandon their stronghold Kilinochchi and assemble on the beachfront, with the obvious promise that they will frisk VPto safety and the rest to surrender. It was only a ploy.
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Raj / December 12, 2019
Are judges super grade gods?
No! They too make mistakes and you can find out examples from all over the world. Let the people lodge their complaints and see if they are correct and right. If people are right, correct the system.
Look at other institutions like the International Criminal court! Same thing!!
Look at media! They have their own agendas, but yet, they claim they are impartial!
What the ordinary folk says is:
Oh, Yeah! Give me a break!
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Ajay / December 13, 2019
Jarapakses know A.P. is mental and they sic him on anyone in the legal profession acting with independence and integrity. The Baldy Mafia and the Anti-Christ are giving their not-so-secret support to this despicable campaign. We sure are heading towards a disciplined nation.
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K.A. Sumanasekera / December 13, 2019
I thought one BASL Boss openly barracked for Dr Ranil and his UNP .
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J C Weliyamuna worked from Dr Ranil’s own Office to establish that FCID and the Express HCs through a Gazette Notification, by passing the Blokes in Kotte who get paid to do that sort of thing..
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Weliyamunna even briefed the FCID Boss about who should be investigated and who should be prosecuted.
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And Weliyamunna even signed papers to arrest Nandasena by passing the Solicitor General..
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Wonder whether Ajith Prassanna is a member of the BASL and where Weliyamuna is ?…
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chiv / December 13, 2019
The rumor is Pillayan is getting released soon and a portfolio will be allocated for his services rendered to our blessed nation. Mean time a new CID inquiry has begun against Dr.Shaffi, who was found innocent, just a few weeks back. Lankans now must be patiently waiting for Duminda to appear among them soon. “Low and Odor up and running in full steam”.
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Don / December 14, 2019
Usually BASL goes to courts against anyone criticize judges in Sri Lanka. Are they fear of reprisals, even in the photograph Namal baby is there. The old cronies in the Army are trying to ruin the country.
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Jayantha / December 15, 2019
We all know the legal practice is full of corruption. It is a ve4y senior lawyer in the AG dept who said we know how to make the law and brake the law.
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Andare 2.0 / December 16, 2019
Those are not judges. They got appointed thanks to the fraud called constitutional council which consists mainly of unelected anti-war anti sinhala buffoons. They deserve the criticism. Time to replace all unelected vultures with elected politicians. It’s parliament’s job to appoint judges. no need to involve outsiders who can’t even get elected to a municipal council.
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Henry Fernando / December 20, 2019
Past and recent appointments and the questionable conduct of some of the officers dispensing justice leaves much to be desired. The entire justice system is at the mercy of hand picked members of parliament in the constitutional council who made sure that none of their kind will face the law, this promise in fact was given by a former CJ. and so much for much hyped justice machinery in SL. In this back drop can any one expect justice to prevail,? We have seen and read many comments in these columns but the caravan goes on and dogs keep barking. What more, even the legal fraternity do not seem to care a straw about the public or the wider community interests .We do not see a silver lining in the present political horizon. obvious solution is to show the door to all 225 without exception, they all have well and truly betrayed us .
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