23 October, 2020

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Call A Spade A Spade: Anarchy & Lawlessness

By Nagananda Kodituwakku

Nagananda Kodituwakku

Nagananda Kodituwakku

The Minister for Local Government and Provincial Councils, Faizer Mustapha, at a media conference has admitted that the removal of the Chief Justice Shirani Bandaranayake from office was unlawful, but he along with the other Cabinet of Ministers of the Rajapakse government were helpless, had no option but to agree with the Party Leader in approving the despicable act. The Minister pleads an apology from the people of Sri Lanka for the serious wrong committed by him to please the then Executive President Mahinda Rajapaksa.

Sri Lanka, simply a pseudo democracy

This statement of admission of guilt should be taken seriously and dealt with appropriately by the people, if this country is to install at least an iota of democracy in governance. After all, this shall not be construed as a petty offence but a grave criminal offence committed collectively by the Rajapaksa regime. The democracy requires that the Judiciary shall be respected and not encroached by the other two organs, ensuring due observance of the notion of separation of power, which is integral to any functioning democracy.

Abuse of office for vengeance is a punishable offence

The Report filed by the Director General of Bribery and Corruption in the Chief Magistrate’s Court, Colombo on 26th July 2013, against the Chief Justice, sets out two offences alleged to have committed under Section 9(1) of the Declaration of Assets and Liabilities Act No 01 of 1975, which provides for a jail term of one year or a fine of one thousand rupees or both fine and imprisonment.Wijedasa and Shirani

Now, with these utterances made in public by a person, holding not less than a office of a Cabinet Minister, it is patently clear that an absolutely false charge had been framed to punish the Chief Justice for not complying with the commands of the then President Mahinda Rajapaksa.

This admission of guilt by the Minister Mustapha is amplified by the Attorney General’s submissions made to Court on 19th Feb 2016 for the withdrawal of the charges leveled against the Chief Justice Shirani Bandranayake and to exonerate her.

The Court then made an order, exonerating the Chief Justice from all the charges, whilst removing all restrictions imposed on her, including the seizure of her travel document.

Offence of corruption committed by the Corruption Commission

Whole country knows that the Chief Justice Shirani Bandaranayake had earned the wrath of the Executive President Rajapakse, after declaring a number of Bills presented to the Court, were not in consistent with the provisions of the Constitution. This included the infamous ‘Divineguma Bill’ presented by the then then Minister Basil Rajapaksa who was a brother and an advisor to the President. By the time a fear psychosis had prevailed in the government business no voice raised against the lawless administration as the Minister Mustapha has rightly admitted.

All these revelations make it patently clear how the then Attorney General, and all members of the Corruption Commission, had abused their respective offices for unlawful purpose of conspiring against the Chief Justice on absolutely unfounded charges merely to please the then Executive President, Mahinda Rajapaksa, who was hell-bent on getting rid of Chief Justice Shirani Bandaranayake and installing a subservient stooge in the office of the Chief Justice.

This is a classic case of corruption committed by all the members of the Corruption Commission itself. The Section 70 of Bribery Act, which defines the offence of corruption, includes the act of abusing office to confer a benefit favouring another person or for the benefit of the office holder. This is exactly what the Commissioners of the Corruption Commission had committed to please the Executive President Mahinda Rajapaksa.

Lessons learnt will help the country move forward

Indeed, this country will surely move forward, only if right-thinking, fearless and selfless people come out of hibernation and dedicate themselves to get rid of the pseudo democracy that is entrenched in this island nation. The people should realize that the struggle for installing a true democracy includes, decisively dealing with the corrupt elements, who have abused high public offices for improper purposes.

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Latest comments

  • 6
    0

    Nagananda Kodituwakku –

    “The Minister for Local Government and Provincial Councils, Faizer Mustapha, at a media conference has admitted that the removal of the Chief Justice Shirani Bandaranayake from office was unlawful, but he along with the other Cabinet of Ministers of the Rajapakse government were helpless, had no option but to agree with the Party Leader in approving the despicable act”

    The people knew that. Good to hear from a Minister who was with trr Mahinda Rajapaksa Dictatorship.

    “Lessons learnt will help the country move forward”.
    YES. Expose. Expose and Expose!

    Time to peel the Rajapaksa Onion. What are they waiting for?

    • 1
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      for democracy you need to have educated folks.

      Srilankens are thought illiterate, they are easy cheatable folks.

      They would do anything and everything irrespective their family ones would have been abducted, assaurlted, raped out or killed out. They forget it so quickly and let the criminals to abuse them further. That is in their genetics. Else, I really dont know why the perpetrators are being godded by the folks. High criminals can deceive thefolks easily. That is the chance for political goons to survive further. They are fishing in muddy waters. Rajaakshes will not be killed even if they would be burnt at 100 degrees. They can abuse anyone on this earth.

  • 7
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    Three cheers,
    Naga Ananda Kodituwakku !

    Unlike self proclaimed smart patriots like Dayan & HLDM, you are a real patriot. Your name reveals your proud ancestry.
    Yes
    Expose ! Expose ! Expose !
    Who ? Raja,Chinna Kottu ( Jat ancestory ) or Abhaya the Giant & Basil (tree leave with pleasant smell ).

    Yes mother Lanka desperately needs more of Late Ven Sobhita Theros.

    May Triple Gem bless you Naga Ananda.

  • 7
    1

    Nobody knows why the charges have been dropped.She did not disclosed her assets and that is a fact..Also she bought an apartment from a company which was having a court case judging by her,Chrges droped and why we should know.At the same time Mustafa cannot escape the guilt,He should have opposed and left.They can leave only when they see that there hosting party is loosing the grip and being with new powerful people is a way to secure a munistership.When Nuremberg courts accused Nazi leaders they did not spare even ordinary soldiers as obeying orders for any reason to do bad things us not an excuse to be freed from the accusations.They are still prosecuting even guards of Nazi camps who are more than 90 years old and on death beds.To get rid of corrupted politicians our courts shoul do the same so we can see corupted leaders and their supporters whether they did things voluntarily or not.

  • 7
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    Faizer Mustapha began his Public/Political career as Vice-Chairman of the NHDA;
    Appointed by Thondaman in 2002.
    Sooner than later he took Thondaman to court!
    He then tilted his Hat towards MaRa,and was rewarded; He was made Presidents Counsel!
    Sooner than later he ditched Rajapakse.
    Now,it has dawned on this PC that the removal of Ex:CJ.Shirani B.was unlawful.

    Ex:CJ Sarath.N.Silva apologised to the nation that the Judgement delivered by him in The Helping Hambantota case was wrong.
    He is now back again in the MaRa camp;Later than sooner!

    Faizer is also biding his time to reposition his Hat.

    Even Auto-Drivers have more integrity than these Turn-Coats!

  • 0
    0

    Time was out of joint then .Providing insufficent time to get ready to the unlawful challange to Madam S .B . Past regime exercised linch law in the country.But we are happy to here and see all the sclitton of the coupboard of the family .

  • 2
    0

    This is the quality of our ministers!Faizer Mustapher as lawyer and a PC should have been aware of the law! It shows the man has no principles and no guts, but selfinterest! He is also a minister who does not know his portfolio. He categorically stated that LG elections would be held in June. He then states they will not be held this year! So we have ignorant self confessed unprincipled people as our law makers – and the PM and President condone this! What hope is there for this country with scum like this!

  • 0
    0

    I am somewhat puzzled that with the accused being a former CJ and the seemingly erudite and competent counsel acting for her that the order of the magistrate has gone unchallenged by them.On my very limited knowledge of the law the magistrate made a manifestly wrong and palpably unjust and unwarranted order.In fact he was making a wrong order.If my reading of the facts relating to the application by the state is correct to mean that they are seeking leave to withdraw the charges and the Defence submitted they would not object to it unconditionally that is without raising issues as to recovery of the Costs of the Defendant then the correct order the Magistrate was required to make is to say”By consent of the Defendant I grant the Prosecution leave to withdraw the charges and I strike out these proceedings without any orders as to legal costs of the parties.
    Instead what the Magistrate did,obviously without any objection from Counsel Ladduwahetty and his juniors and the eminent ex CJ watching by,is to proceed to make and order which reads as”I acquit and release the defendant ” which would only happen after a finding of not guilty after a trial.One would assume that discharging the other conditions would happen automatically when a case is struck out as the conditions of the original Bail only apply until a verdict is given or a “Nolle Prosequi” is entered.I am puzzled that the former CJ now has on her record a verdict of not guilty when the correct order should have been a Striking Out of the proceedings which means in this instance that the corrupt process of prosecution should never have been initiated.This is Double Injustice to the CJ ,I think.Would someone clarify please.Is it still not too late to apply to have the record corrected by consent under the “Slip Rule” and get the Magistrate to make the Correct Order?

  • 0
    0

    You seem to be changing your appearence.

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