In a Writ Application filed in the Supreme Court yesterday by the rights activist Nagananda Kodituwakku under the Corruption law, the Chief Justice Sripavan, former Chief Justices Shirani Bandaranayake, de facto Chief Justice Mohan Pieris and Sarath N. Silva have been charged for abuse of office of the Chief Justice to confer benefits or favour themselves or the Executive President which is an offence under Section 70 of the Bribery Act.
Chief Justice K. Sripavan
In this case, appearing in person, Public Interest Litigation Activist and Lawyer Nagananda Kodituwakku, challenges the failure of the Corruption Commission to initiate a credible and independent inquiry against the Chief Justice Sripavan and other Respondents reported to the Corruption Commission by him on 15th Feb 2016 for abusing the office of Chief Justice for committing an offence of Corruption.
Former President and now a Member of Parliament, Mahinda Rajapaksa who had been alleged to have benefited from the favours granted by the Chief Justice Shirani Bandaranayake, Sarath Silva and Mohan Pieris also has been cited as a Respondent in this case.
The Chief Justice Sripavan is charged for judicial corruption for intentionally ignoring and violating the Constitution to confer a favour to President Maitripala Sirisena, who had disregarded the National List duly published in the gazette under the law (Article 99A) by the Election Commissioner and instead appointed people loyal to him to the Parliament through the National List. It is alleged that this conduct by the Chief Justice is improper and amounts to commission of offence of Corruption under Section 70 of the Bribery act, which requires the Corruption Commission to conduct an independent inquiry under the law relating to Bribery and Corruption (Commission to Investigate Allegations of Bribery or Corruption Act No 19 of 1994).
The National List case filed by the Activist Nagananda after the flawed National List appointments were made, is now idling before the Supreme Court for a considerable period with no action taken to hear the case. Therefore, in the corruption case filed in the Supreme Court today, the Chief Justice is also accused for abusing the office of Chief Justice for violation of the Constitution (article 104), that requires the Supreme Court to hear and determine the National list case within two months after filing before the Court.
The activist states that invoking the provisions of Article 132 of the Constitution, he had requested the Chief Justice to appoint the full bench of the Supreme Court to hear the National List case, considering the national importance attached to the matter, Yet, denying the said request CJ Sripavan had ruled that in his opinion abuse of the National List to appoint candidates rejected by the people at the general election held in August lasts year, is not a matter of National Importance.
Activist challenges CJ’s ruling as absolutely unfair and unlawful and supports his case with plenty of statements made against the National List abuse by Election Commissioner, the Election Observers, the concerned learned citizens and many more, including a statement issued by the late Madulawe Sobitha Thero, the leading campaigner for Good Governance. This includes several editorials published in the leading national newspapers and electronic media, which have critically expressed their shock and dismay over the abuse of the National List provision to appoint rejected candidates.
Activist Nagananda states that failure on the part of the Chief Justice to uphold the rule of law, betraying the people’s judicial power in such an inappropriate manner is not expected from a person holding the office of the Chief Justice, who exercises the people’s judicial power purely on trust, unless he is motivated by improper and irrelevant considerations of conferring a benefit or favour to the incumbent Executive President, that clearly falls well within the offence of Corruption as defined in Section 70 of Bribery Act, which requires the Commission to initiate an independent and credible inquiry in terms of Section 4 of the Commission to Investigate Allegation of Bribery or Corruption Act, 3 No. 19 of 1994.
The activist therefore ‘objectively consider’ that the view expressed by the Chief Justice is arbitrary, unfair and unreasonable and apparently meant to confer a favour to the Executive President, thus directly violating the Constitution and Commonwealth Latimer House Principles concerning the Judiciary and argue that the Chief Justice is compromising of the independence and integrity of the Judiciary to the Executive.
The activist has also cited UN High Commissioner for Human Rights as a Respondent in this case as the government has co-sponsored the UN Resolution (a/HRC/RES/30/01) on 01st October 2015 (adopted at the General Assembly of the United Nations where the Government of Sri Lanka) giving an undertaking to the international community to conduct credible and independent investigations into all cases of Corruption and to establish a Justice System accountable to the people of Sri Lanka. The Bar Association which also has expressed its concerns about the state of Judiciary has also been cited as a respondent in this Corruption case.
Corruption charge against former de facto CJ Mohan Pieris
Mohan Pieris
In this case Mohan Pieris is charged for corruption for pleading the Prime Minister in the presence of Justice Minister Wijedasa Rajapakse at Prime Minister’s official residence on 19th January 2015 offering unlawful favours, including his willingness to give judgements and make judicial appointments favouring the new Government, pleading that he may be allowed to occupy the office of Chief Justice uninterrupted. The activist, submitting the statement issued by the Prime Minister in Parliament on 30th Jan 2015, (published in the Hansard), condemning the conduct of Mohan Peiris about the abuse of office by the Chief Justice for improper purposes reveals that Mohan Peiris had offered to resign from the office of the Chief Justice when the Prime Minister rejected his favours with an offer to resign from office for a diplomatic posting in Switzerland instead.
The activist Nagananda states that this disgraceful act committed by Mohan Pieris was an insult to the peoples’ judicial power, the Supreme Court exercises purely on trust, causing the people to lose their trust in the Justice System as a whole. And further accuses Mohan Peiris’s unlawful pledge made to the Prime Minister seeking favours, amount to commission of a criminal offence of corruption, which clearly attracts the Section 70 of the Bribery Act, requiring the 1st Respondent to initiate a credible and independent investigation into the said act in terms of Section 4 of the Commission to Investigate Allegation of Bribery or Corruption Act, 3 No. 19 of 1994.
Criminal Charge against Chief Justice Shirani Bandranayake
Chief Justice Shirani Bandaranayake
The activist charges former CJ Shirani Bandaranayake (who had been unlawfully expelled from office by President Mahinda Rajapakse during his tenure as President) for Judicial corruption on the basis of her made-up resignation immediately being reinstalled in office of the Chief Justice on 29th Jan 2015. However, the activists states that apparently her recall was subject to clear orders from the Executive that the Chief Justice should step down from office within 24 hours. The activist citing the report published by Colombo Telegraph in this regard on 21-01-2016 under title “CJ Shirani just only for one day” states that, well before the 7th Respondent was recalled and reinstalled in the office the Colombo Telegraph accurately reported that she would be allowed to occupy the office of the Chief Justice only for 24 hours.
Activist states that after she resumed office of the Chief Justice on 29th Jan 2015, she attended her ceremonial farewell and made an announcement, that she was retiring from Office [at the age of 57 years, 8 years prior to the retirement age] on her own volition. The Petitioner states that the said statement was purportedly made, compromising the integrity of the judiciary in fulfilment of her undertaking given to the Executive. The activist Nagananda states that this wrongful act was purportedly done under moral duress, for benefits and retirement perks offered by the Executive, enabling it to appoint a person of its choice to the office of the Chief Justice and therefore, states that this gross betrayal of the judicial power of the people by the Chief Justice Shirani Bandaranayake for improper purposes amounts to compromising the integrity of the judiciary with the Executive for favours and also to a commission of an criminal offence of corruption that falls well within the definition of the Section 70 of Bribery Act, requiring the Corruption Commission to initiate a credible and independent inquiry into her conduct in terms of Section 4 of the Commission to Investigate Allegation of Bribery or Corruption Act, 3 No. 19 of 1994 which the Commission failed to perform despite a formal complaint was made by the activist with a statement of facts presented to the Commission by way of an affidavit about a prima facie case of corruption against Chief Justice Shirani Bandaranayake.
Criminal Charge against Chief Justice Sarath N Silva
Sarath N. Silva – Former Chief Justice
On judicial corruption committed by former Chief Justice Sarath N Silva, the rights activist Nagananda states that on or about 18th Oct 2014, Sarath N Silva in an unprecedented move, openly confessed to the people of Sri Lanka and conceded the responsibility for abusing the office of the Chief Justice for perverting the cause of justice in the “Helping Hambantota” case, to favour President Mahinda after he was elected the Executive President in 2005.
Presenting evidence in this regard to the Court the activist Nagananda states that in a voluntary confession made to BBC Sinhala Service, Sarath N Silva had admitted delivering the judgement in the case favouring the then Executive President and states that this improper act by the then Chief Justice Sarath N Silva amounts to commission of a criminal offence of corruption under Section 70 of the Bribery Act, requiring the 1st Respondent to conduct a credible and independent investigation in terms of Section 4 of the ‘Commission to Investigate Allegation of Bribery or Corruption Act’, 3 No. 19 of 1994.
Rights activist Nagananda states that despite a plausible and prima facie case was presented with a statement of facts to the Commission by way of an affidavit the Corruption Commission failed to perform its duty and therefore requests the Supreme Court to issue a Writ of Mandamus on the Corruption Commission to initiate a credible and independent inquiry against all for Chief Justices under the Corruption Law.
The public interest litigation activist Nagananda states that according to the Latimer House Principles the Judges to be held accountable to the Constitution and to the law, which the Judges must apply honestly, independently and with integrity. The principles of judicial accountability and independence underpin the public confidence in the judicial system and the importance of the judiciary as one of the three pillars upon which a responsible Government relies. Yet in Sri Lanka the Judiciary has fatally failed to respect and honour its constitutional obligations to the people of Sri Lanka.
Request for a full bench to hear the Corruption case against the Judiciary
Considering the Judicial Corruption complained in his Petition reveals four Respondents, including the incumbent CJ have compromised their integrity with the Executive to confer favours and thereby violated their Constitutional obligations to the citizens of this country whose immutable judicial power exercised by them on trust, causing an enormous damage to the due observance of the Doctrine of Separation of Powers, effectively nullifying the Rule of Law and Democratic Governance in the Republic of Sri Lanka, activist Nagananda, in the Motion filed in the Court today has made a request to the Chief Justice, considering the General and Public Importance attached to this case that deal with the abuse of peopole’s Judicial power by the Respondents to appoint a Bench of 7 Judges to hear this case in terms of Article 132 (3) (iii) without the Chief Justice who is a Respondent in this case and Justice Eva Wanasundara who has abused the office and refused to release the Determination Record (SC/SD/02/1988) to activist Nagananda referred to in the Petition referred to in paragraph 51 of the Petition.
Native Vedda / March 30, 2016
Nagananda Kodituwakku
I wonder why it took you these many years to summoned up your courage to charge them whatever it is.
Better late than never.
Keep up your good work.
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S.Modaya / March 30, 2016
Hats off to Mr. Kodithuwakku!
Brilliant work. Sri Lanka is rotting from the head down do to massive POLTICAL CORRUPTION that is cross political parties.
The corrupt President Sira, with his corrupt National list clowns and Ranil’s jumbo cabinet of corrupt clowns STINK to high heaven!
Yahapalanaya Stinks too – as much as Mahinda Jarapassa and his corrupt family who should be behind bars.
Sri Lanka is to issue 3 BILLION US dollars of DEBT so that the corrupt Politicians in Parliament of Morons that the Corrupt Judiciary refuses to find guilty can continue their party in the Diya-wenna Parliament.
Sira-Ranil and Mahinda Jarapassa along with the parliament of morons should be drowned in the Diyawanna Oya!
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Srilal / March 30, 2016
Mr Kodithuwakku ,
Even though your intentions are genuine , the manner in which you have approached the issue is not very practical . what you could have done is , start the cases from “first in- first out ” basis , in-other words , start from S N Silva , then Shirani B and finally Mohan Silva , don’t forget this is SL and not Wales , you couldn’t possibly convict a sitting CJ , name a judge who is impartial , leave out incumbent CJ for the time being ; focus on the biggest frauds , namely SN silva And M Peries . SN Silva had admitted to a crime ;moreover , he had sought a bribe from CBN Sat ( Now Dialog TV), M Peris is another big time criminal , he must be brought to justice , his crimes are endless .
Mr Kodithuwakku , i still remember your solo effort in preventing impeachment process against Mrs S Banadaranayake , at least you had done your best against all the odds , well done and we are really proud of you. Good luck !
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Funlover / March 30, 2016
Srilal, you are not very practical either.
Even if only the first one was charged to start with, it will be obvious to the wigheads that charges against the 2nd 3rd and 4th will follow. A precedent would have been set.
Most of the Supreme Court judges are corrupt and stink like pigs. They were never going to find fault with any of their own. Let them read this comment and ponder who may Funlover be!
Just for the record, readers may note, that it is the Supreme Court that should be held accountable for all the misdeeds of the Rajapaksa regime. Without the collaboration of the SC Judges Jarapasse could not have swindled the country.
What Kodi has done is the most practical. What ever happens, people will know that there still are patriots in Sri Lanka willing to risk their life to save the Country.
Bravo, Mr Kodituwakku.
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Davidson Panabokke / March 30, 2016
Srilal, I can’t agree enough with you.
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Srilal / March 31, 2016
Funlover and Davidson Panabokke ,
Fair enough, you guys don’t agree with me , what is the alternative ? you guys reckon Mr Kodi’s strategy is the smartest method ? leave out Mr Siripavan and S Bandaranayake lesser crimes for the time being , both SN Silva and M Peries are not only notorious but also big time crooks , my gut feelings say majority of the judges wouldn’t approve notorious duos previous controversial judgements ;hence, there may be a chance both of them getting convicted . how could they possibly go against a sitting CJ ?
As to S Bandaranayake , she had already been badly punished by the previous murderous junta regime , there is no such necessity as of now , may be later.
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Funlover / April 1, 2016
Srilal
Looks like your ego has taken over.
CJ Silva and Mohan were known lackeys of Mahinda. They were expected to wash the arse of the President. But Sripavan? For gods sake he was expected to behave independently of the Government, and the so-called Yahas promised not to interfere with the judges. Then why the hell should he declare that appointment of list mps is not of public interest? Do you agree with him?
Does it not tell that he was passing the message to Sirisena, do anything Sir, you can count on my support any time.
If you dont’ have that much common sense stop writing comments here. Those comments only say either you are stupid or you are a Sirisena c/sucker.
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Srilal / March 31, 2016
Davidson Panabokke ,
“Srilal, I can’t agree enough with you. “
Sorry it’s my bad, i didn’t read your comment carefully , please disregard my earlier reply.
Cheers.
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Sirimal / March 31, 2016
Dont worry brother.. this happens to me too – but very often. We are all busy .. I add mine while travelling on a train/plane or so ..
Hope you are doing well. I am bit disappointed being unable to bear it further the manner the current regime and their snail walk with alleged investigations against Rajaakshe. But I strongly believe those were not just allegations… for all the mess deliberately created with SRILANKEN should be due to mismangement of Rjaaakshe kalliya. Dr. H. Silva made it very clear that these buggers had taken loans without leaving any tracing docs.
But what wonders me even today is.. Rajaakshe dares to bring articles thinking that his could still be acceptable by masses.
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trunket / March 31, 2016
“Dr. H. Silva made it very clear that these buggers had taken loans without leaving any tracing docs. “
Ha ha ha this has been happening for donkeys years- its whom you know that matters they say. they are all in it and there is nothing the masses can get out of this Sinhala Buddhist government or in the future.
Play more cricket, rugby say from royal and hoodwink western politicos for charity.
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Srilal / April 1, 2016
Dear Sirimal ,
Yes , i agree with you , people are getting extremely annoyed with this current Good governance regime , Judiciary was very quick to give the verdict against Kumar Gunarathnam while Billions of worth Tax payers money stolen day light robbers roaming freely , case in point , remember JC Waliamuna’s report with regards to Srilankan mega frauds ? he was very efficient in investigating and compiling the whole report ; moreover, he had recommended appropriate actions for the wrong doers ; still , nothing has been done to arrest Nishantha Wicramasingha or any one , what more needs to be done ? Waliamuna has paved the way ; conversely , all FCID/CID has to do is to verify the veracity of the all allegations , alas , nothing seem to be working against Rajapakse disciples . Booruwansa still goes on his daily rituals/circus as if nothing happened , Rajapakse siblings and his off springs continue to engage in their usual destructive politics , we the dumb citizens waiting patiently to hear the good news , don’t know when that happens ?
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trunket / April 1, 2016
Srilal,
“”we the dumb citizens waiting patiently to hear the good news , don’t know when that happens ? “”
In a democracy set up a committee to kill the idea.
In a democracy when there is no money go to war or print money- The swap was part of excess SLR printed by MR1 and there is more (RBI Ragu was not pleased with Modi because he knew the $$ would keep rising on its own for long)
Go to war with who but citizens and claim from IC (I am not trying to hurt you but it is reality)
Can you `dream with a sense of humour` how you would resurrect a company that is in this position??
Please like to know your view now that the man you relied on has gone to the grave.
I don’t trust the Sinhala Buddhist/muslim governments that have ruled the country from 48. They never fired a shot hid at nadu returned and deported the very host culture and then came nepotism Dudley becomes PM…Banda the terrible and his family.
What is important to note is that no man or woman owns the land because they were voted in.
Here is democracy at his best- last week at 8 am I sent a mini complaint to my MP and he knows I don’t vote. By 11 am he responded positively that he has written to both departments and no sooner he hears he would get in touch- In 3 days I had 2 calls from managers to say sorry and please, please give us 3 weeks and you can be assured the problem will be solved. I just had one letter from the dep’t that matters are moving. UK has statutory periods for reply. That is what MP’s are elected and paid for to do not the chit fund like SL. I have not thanked the MP nor will I vote for him but await the solution then construct a careful letter of thank you.
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Sinchuappu / March 31, 2016
I agree with you … fully. The day, SN SILVA would be hung by his balls… the day, lanken Judiciary woudl feel.. that justice is done.
This paritcular camelian, once told that it was his mistake to have given a proxy verdict interms of tsunami embezzelment of Meehraraka Rajakaspkeh -now again the bugger dares to paint it and say, no I did not say so, .. bla bla. Not a single citizen of this country should respect SN SILVA as a human being. He is the most abusive man who created the nursery lanken politicians to ruin the right of the citizens.
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Spring Koha / March 30, 2016
Better late than never!
Nagananda has been sharpening his simple sword of truth, and now together with his trusty shield of Sri Lankan justice he has set out to slay the beasts that stalk the dark corners of our nation.
May Naga’s sharp prick get the urgent results that Yahapalanaya need to justify its sacred election brief.
Naga, we all await, with bated breath, the outcome of your jousting.
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Amarasiri / March 30, 2016
RE:Chief Justice And Three Other Former Chief Justices Charged For Judicial Corruption
Isn’t that the reason why UNHRC wanted Foreign Judges?
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jim softy / March 30, 2016
Amarasiri modaya:
In the USA, Judges are selected by politicians. what do you think about other countries ?
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kumar / March 30, 2016
Not totally, please check the congressional approval process.
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Native Vedda / March 31, 2016
kumar
“Not totally, please check the congressional approval process.”
I don’t think Dimwit is capable of being educated.
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eusense / March 31, 2016
Vedda
First you need to learn to be civilized when refering to other posters.
Softy is not a “dimwitt” he is correct. Do not post without knowing the facts. When you do so you become a “dimwitt”
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trunket / March 31, 2016
he is a classic dimwit bald head mercenary like yourself asking irrelevant questions.
time you watered your head that you are sitting on.
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eusense / March 31, 2016
Trunket
Great response! Very informative. Keep posting.
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trunket / March 31, 2016
in that case keep chewing the bin first.
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Sirpala / March 31, 2016
What kind of dimwit are u Eusense.. why you think Lanket is so informative to you ? As had been saying inteh past, you are loose case Eusense.. u cant see it right yet. How many more weeks monthsyo would take to see it right ?
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eusense / April 1, 2016
Siripala
Great redponse! Learnt a lot from your post about you.
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eusense / March 31, 2016
Kumar
Can you spell out what you mean by “not totally”? What non political proceses are you talking about?
You should not comment on things you don’t know!
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trunket / April 1, 2016
” “not totally”?”
Booby nonsense, you never stop displaying your ignorance on this forum.
stupid,free education does not pay.
Dimwit, keep chewing the bin so that one day you may understand and stop querying incessantly.
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sarrij / March 31, 2016
Amarasiri,
you are stating the obvious !
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Amarasiri / March 31, 2016
sarrij
“you are stating the obvious ! “
Yes, but will they do it?
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Amarasiri / March 31, 2016
Nagananda Kodituwakku
“In this case, appearing in person, Public Interest Litigation Activist and Lawyer Nagananda Kodituwakku, challenges the failure of the Corruption Commission to initiate a credible and independent inquiry against the Chief Justice Sripavan and other Respondents reported to the Corruption Commission by him on 15th Feb 2016 for abusing the office of Chief Justice for committing an offence of Corruption.”
Thank you sir. You are a rare breed.
Can we find any Judges of your caliber locally, who cannot be bribed or influenced, to have a fair hearing?
Exxpose, expose and expose!
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punitham / March 30, 2016
Do
Do
Do
………….. Thanks, Native Vedda
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K Sundaram / March 31, 2016
Native Vedda
Supreme Court is going to hear a case against SC Judges. A situation of ‘fence gracing the crops’. There are no other upper judicial chambers and this effort is not idiot proof.
This case will expose credibility of the SL judicial mechanism and the predicament of engaging individual judges in a internal war crimes inquiry.
Good luck to Nagananda Kodituwakku for making some effort to expose the fake judiciary.
Of the names listed Sarath De Silva must be made to account for his dastardly political judgments and for oxygenating his hero Mahinda Percy Rajapakse in an despicable manner.
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Sinhala_Man / March 30, 2016
[Edited out]
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Sinhala_Man / March 30, 2016
Oh, dear where does one turn to, to nip in the bud other things that are shocking?
Yes, Nagananda Kodituwakku, is doing wonderful work at the very top.
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Dr Laksiri Fernando / March 30, 2016
Highly commendable initiative by Mr. Nagananda Kodituwakku. ‘Good Governance’ is not a Utopia as some have erroneously claimed. It should be the guiding framework for continuous struggle for democracy, the independence of the judiciary constituting the center stage. Both the President and the Prime Minister have flouted some of the basic principles of ‘good governance’ by appointing some defeated candidates as MPs who were not in the initial (gazetted) national lists. It is a shame on the present Chief Justice to dilly-dally on the matter as a clear case has been filed against the appointments. It is also commendable that Kodituwakku has filed writ against the past CJs for judicial corruption whose records are abysmal.
All those who stood for a genuine democratic change in January 2015 should unequivocally support this initiative. The President and the Prime Minister still have the opportunity to apologize and correct cause.
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Perisappu / March 30, 2016
Dr Fernando,
with all respect to you and your knowledge based on lanken politics, I would like to ask you – if current duo had any other choice than making such appointment. Lanken situation is like – a tree fully affected by deadly disease – with few branches left healthy. For example if the rulers kept SB or the like away, how could they go further with party organisational level…. how could they distance Susil prem.. if the rulers need more information and assitance in that line ? Meaning there is no other options than going for it. Every 2nd of the population is proxy corruption/abuses than anti. Just talking to the educated (Uni educated) men and women I met during my last trip made to the country, I thought people would never get it what GOOD GOVERNANCE means – basics.
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Dragos / March 30, 2016
“‘Good Governance’ is not a Utopia as some have erroneously claimed. “
Lankawe (natural nepotism- constructing dynasty political parties)
good governance is utopia as much as equality of opportunity.
even in the west equality of opportunity is utopia- the financial collapse originated there.
Nepotism is a way of life over there. How do you think the civil servants pick up all the western scholarships for their kids? Why did lefty party bring in standardisation to education.
After the kings in came the pirates – Pirates appoint their boys and girls even in work places. Where is the good governance? If there was good governance there would never have been Libyan bombing when they were supposed to be handling syria.
“All those who stood for a genuine democratic change in January 2015 “
You mean classic Lankan Buro vote MR1 to MR2
good luck to him and lets hope he does not end up with a contempt of court order because of corrupt investigators this will be blown in the wind.
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BulathEatingPeter / March 30, 2016
I believe – if society to be taken from the way it is being moved – media instituaitons should do lot more programs that send all and sundry the message- that each and everyone is obliged to the part. Then only we can move forward. Those easter asian countries poeple obey the rules and regulations more than the south asians in general do. Having met Indonesians, Malaysians, even few from Butan, I know myself, their nature of keeping things tidy/clean etc… our people would stay just talking doing nothing… with garbage heaps becoming Ruwanwalisaya high before the houses, they just enjoy talking…. this attitude should take paradigm shift if we the nation to be blessed with western style society building.
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Lanka Watch / March 30, 2016
Dr. Laksiri Fernando -four people have voted against your above comment
without knowing from whom it came from. You are dead right in saying
that this govt. cannot be no longer called ‘Yahapalanaya’ govt. as the
two leaders of the coalition ,the President and PM Ranil have flouted major principles of democracy by appointing defeated candidates as MPs & Ministers and that too with people tainted with corruption and nepotism and some involved with political thuggery . As a slap on the faces of the masses who voted en block to oust Dictatorship and voted for democracy, the current govt. played into nepotism and the Presi-
dent, The PM and the Finance minister were among the 1st people to
accommodate their relatives and close aids, within 4 weeks of the govt.,coming to power.
USA, UK and India, the stalwarts of democracy, also condoned with such undemocratic practices and praises the Govt.as saviours of democracy in SL, which is a laughable.This shows the weakness of their embassies in SL, who give bogus reports to their leaders hiding the actual facts happening in this country.
A word of praise should go to rights activist Mr. Koddituwakku who filed legal action against former CJs, who played second fiddle to the past Presidents and made favourable decisions towards them , ignoring the applicable law. This is a serious crime and I hope the rights activist will succeed in proving to the world that no body is above the law in this country and the past CJs mentioned in the report thought that they were.
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paul / March 30, 2016
The powers that be will silence Nagananda Kodituwakku by some method or other. Does anybody really think that four CJs are going to be convicted of anything at all?
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Native Vedda / March 30, 2016
paul
“The powers that be will silence Nagananda Kodituwakku by some method or other.”
One small step for man, one giant leap for mankind.
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arunasalam / March 30, 2016
Well said Native Veddah
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sarrij / March 31, 2016
This is beside the point!don’t you think?
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Dr Laksiri Fernando / March 30, 2016
Sorry, the last sentence should read as “The President and the Prime Minister still have the opportunity to apologize and correct course.”
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srinath.gunaratne / March 30, 2016
Great work sir, May the force be with you! I think we should help this man financially if possible to follow up these cases! Let us know how we can help.
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Perisappu / March 30, 2016
Compliments to you Senior lanken :) You seemt to sense it even better than yesteday. These are good signs Mr. Your future generations will be grateful to you if you could contribute yours in building the nation. Absive mentalities are plenty in the country rather than the opposite. Most of them cant get it yet, why the current regime stay entagled with unforseen, unexepcted issues. There is a saying, if you step up to the water only you can feel how deep the water is. Anyways, those who put the entire blame on the current rulers are beyond all acceptance. Our people and even the educated skilled workers dont behave the way European system move… simply saying lining up to get things done is far from lanken habits – each time putting my feet back in the country – first step to meet lanken authorities are the immigration check/control -therre I become very upset them the authorties not smart enough by their work being served.
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Salma Junaideen / March 30, 2016
Glad that someone has come forward at last to question the so call people standing for justice. It took a while for Mr. Kodithuwakku to get the courage to initiate action. Wish him success.
I am particularly concerned with the statement made by Sarath Silva. How could he do that and get away.
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nimal fernando / March 30, 2016
Nagananda Kodituwakku,
A step in the right direction; much appreciated.
Let the chips fall where they may.
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janoos / March 30, 2016
Really good work. Do not worry about the final result of this corrupt government and judiciary, go ahead. People are with you Mr. Kodithuvakku.
Praise for your brave.
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Bensen Berner / March 30, 2016
congratulations Mr. Kodituwakku! It is now time that the Sri Lankan judiciary is cleaned up and a new judicial system installed. Bensen
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D.Wijedasa. / March 30, 2016
Well done Kodi,but still no one has so far file a case against. 1989 period state sponsored killings.Batalanda,Ambilipitiya,and many others. How many Lawyers killed during this period..Most of the top class politicians responsible for this killings.Now the are ruling our country using stating openly they are honest .14 Lawyers including hundreds of professionals killed unlawfully during that period. Some of them are still living in exile as a results of this.Some of the killers still living in aboard. (Australia,UK,USA,Italy) Others are still working and living in Sri Lanka.JVP present leaders also responsible for this killings.That,s why they are use sing all the benefit from this regime.Ranil, Chandrika,Mahinda, Rajitha And many others have to explain in open court what has happened ,who is responsible for this bural killings
Wijedasa
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shankar / March 30, 2016
“CJ Sripavan had ruled that in his opinion abuse of the National List to appoint candidates rejected by the people at the general election held in August lasts year, is not a matter of National Importance.”
what he is trying to tell us here is that we are a democracy in name only.
we can try to vote in whomever we want and try to vote out whomever we want but the final decision is with the king parakramabahu.
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srinath.gunaratne / March 30, 2016
So much for the people’s supremacy!
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Shrikharan / March 30, 2016
shankar
“CJ Sripavan had ruled that in his opinion abuse of the National List to appoint candidates rejected by the people at the general election held in August lasts year, is not a matter of National Importance.”
He is a sucker like the other CJ’s of the caliber Sarath Silva and Mohan Pieris who is only singing for his supper. He is serving his boss My3 and not justice. He too will end up in the gutter like the other two.
This is the reason the war victims do not want local judges and want International judges. The victims know very well justice will not be served and only the war criminals will escape. We all know the result of the Paranagama inquiry and in spite of numerous eye witness accounts Paranagam is unmoved and he protected the war criminals simply to get handsome rewards from the Government for saving the criminals calling them war heroes.
Even the Rajapakse group do not trust local judiciary and they run to the UN to seek solution to their grievance. But they forgot to take Sarath Fonseka and Shirani Bandaranayke with them.
The idiot Sarath Silva publicly accepts he saved Rajapakse in the ‘Helping Hambantota’ robbery knowing quite well he was guilty. So if the this is state of freedom for the judges to do and say as they like what confidence can the people have of the judiciary. Further no action was taken against him by the ‘council’ which controls the judges (similar to the medical council for doctors, and depending on the seriousness of the charge doctors could permanently have their names erased from the list debarring them from practicing the profession.
All I say is the Sri Lanka judiciary is totally corrupt and incompetent and I challenge them to charge me with contempt of court. With the fact I gave above they will not stand a chance.
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Plato. / March 30, 2016
In the 17th century,Sir Francis Bacon-Lord Chancellor who majestically presided over the Privy Council,was tried by that very same court for corruption and convicted.Interestingly,while serving his term in Prison he authored The Laws of ENGLAND.
Here of course in Srilanka,A land like no other-to convict a sitting CJ and three other Ex:CJJ is by no means Chicken Feed!
True Nagananda is a fearless Advocate,and I admire him for that.
But I feel it will be easier for him to win the Wimbledon Championship this Summer,rather than succeed in this action.
I dont say with Malice or Contempt,but this is the reality; After all this is Srilanka!
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Douglas / March 30, 2016
What is the use of all these petitions? The entire Judiciary has been brought to a grinding halt by a Magistrate who has granted bail to Rev. Uduwe Dhammaloke even without an application for bail. That was publicly stated by this priest at a news briefing. In the absence of a denial by the Judiciary or the Minister of Justice yet, we believe this has happened. If in fact, there has been an application and bail has been granted accordingly, why the Judiciary is not taking immediate action to prosecute the priest for bringing the court system to disrepute. In another case a “Judge” who entered Pinnawala Elephant Orphanage and threatened the employees showing a hand pistol is yet to be brought to justice. Judicial Commission has only called for his “explanation” and what has happened after that is a “mystery”.
Mr, Nagananda: Where is the “Bribery Commission” that started with a “Big Bang”? Do you hear of them “ANY MORE”? All these FCID, CID; Presidential Commissions; Bribery Commissions; Independent Commissions have turned out to be only “Road Shows”. All those Institutions are worthless; BUT the “ASTROLOGERS” been appointed as “Provincial Governors” have got a big “FACE LIFT”. Who knows your complaint is waiting to be heard on a “DAY” and “TIME” set by yet another “ASTROLOGER”. Cross your fingers and wait for that “Day” and “Time”.
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Juror / March 30, 2016
Hats off to Nagananda and let’s hope that at the very least the two primo bum-suckers will be dealt with honestly and according to the law.
However, going by Maithri’s / Ranil’s recent conduct, nothing is certain (except of course the usual ‘death and taxes’).
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janaka / March 30, 2016
Right to information law while Ranil sitting on welikada prison assassinations report ordered by little Gota?
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punchinilame / March 30, 2016
Ranil cannot go against Gota, for known reasons. He is to be a Nominated MP as per the approach being made within the SLFP, but this has to be on “hold” in view of a Case against the present CJ. Solving the rift within the SLFP cannot be done by giving Gota a Political appointment – as this will make matters worse by MR!
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kandy / March 30, 2016
This Naganada Kodituwakku [Edited out]. earlier he had filed a writ application against bribery commission in court of appeal which is absolutely wrong as jurisdiction of writ against Bribery commission lies in the Supreme court. now he files a case without knowing the ingredients to be proved under section 70 of bribery act (corruption) whereas the monetary loss to be caused to the government due the act of corruption.otherwise such charge can not be maintained.
so Nagananda being a lawyer must first study law without barking before [Edited out]
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kumar / March 30, 2016
Not totally, please check the bribery act Mr.
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Dr.Rajasingham Narendran / March 30, 2016
A good lesson for those who are appointed to our Suprene Court , including the position of Chief Justice. They are expected to uphold the law, interpret the constitution and be judicious. They are not there to ride the high horse and play God ir Godfather! They are uktimateky answerable to their concience and the people. They are also not there to play rough shod with the law and serve as minions to the executive. We have to have men in the Suoreme Court, not mice!
Dr.Rajasingham Narendran
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justice / March 30, 2016
CJ Sripavan clearly has favoured the regime.
He knows that a full bench will find his opinion to be against the law.
I wish Nagananda all success.
But, this is Sri Lanka where “Right is NOT Might”.
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thondamanny / March 30, 2016
A puncture at with the bribery commissioner OR is it that bribery commissioner’s tyres punctured?????
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PROUDMAN / March 30, 2016
An excellent job sir.
I have my doubts as to the extend this will go.
I am sure this will not see the light of the day. But I hope and pray that you will succeed.
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Estate Labourer / March 30, 2016
An application has been filed in the Supreme Court charging the incumbent Chief Justice and three former Chief Justices with corruption.
Yet there are persons, including the President himself, who maintain that the county’s judicial system is fully capable of conducting impartial inquiries relating to war crimes and crimes against humanity and delivering justice to the victims and the surviving members of their families!
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jay gunasekara / March 30, 2016
Just for your information Jim.Softy in America the President selects the best possible candidate for the supreme court and forwards it to the senate judiciary committee.They in turn have hearings and grill the individual on his record and if he passes muster the individual will be recomended for office.There is a real independance of the judiciary that you never see justices on election platforms or social gatherings or as advisors to the president like the case of Asoka Silva.This is the reason that SL needs foreign judges for the rights violations.
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eusense / March 31, 2016
Jay
What you describe here is what Jim Softy says. I guess he consider it a political process as politicians have their way in appointing.
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trunket / April 3, 2016
Nonsense and jim softy are full of maha bodhi usa sh`te in a bottle.
jim softy has the courage to have admitted it . while the school teacher nonsense has buffalo hide and no sence of shame but keeps asking 100 questions when he is cornered.
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jay gunasekara8@hotmail.com / March 30, 2016
Nagananda the great patriot of mother Lanka,the David of the nation,should be appointed as special prosecutor and advisor to the attorney general.The entire judiciary is corrupt and should be sent home and start from scratch.Raj Rajaratnam when asked whether the 10 yr sentence he received for insider trading was fair said it was and that if he was in SL he would have bribed the judge for 50,000 rupees and have him for dinner the same night.
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Perisappu / April 3, 2016
sorry, but the judge who first convicted him and subsequently returned to be a practicing lawyer said- I was wrong in that decision because the wire tapping was not legal. the main witness was an fbi setup; a white woman convicted of similar offence and on payroll.
How many years did Enron chief get and how many years did his subordinates get??
Rajaratnam was easy cannon fodder and a form of warning to the others that The US was serious.
If Rajaratnam had not met with PM and Gota he would be smiling.
Lankas cant/wont say it but the Indians say it in private.
Majority piracy rule.
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Ananda Markalanda / March 30, 2016
People who make things happen are rare.
Vast majority of our people and the majority of attorneys in this country want to live together by establishing Rule of law. All want to improve the quality of our life, and want justice for all human beings that abide in our land.
Despite dilution of charges Daily News should be commended for publishing this very important historical case.
Each time a man stands up for an ideal, or acts to improve the lot of others, or strikes out against injustice, he sends forth a tiny ripple of hope. Mr.Kodituwakku this way is an extraordinary man whose life embodied advocacy of the highest order from the days of his carrier as a customs officer. Kodituwakku is an inspiration to everyone who had the privilege of knowing and working with him. He personified the legal profession’s ideal of pro-bono service that is at the heart of the many unspoken justice seeking men and women.
The clearest way to show what the rule of law means to us in everyday life is to recall what has happened when there is no rule of law during many decades after independence
We should be extremely grateful that Naga Kodituwakku has joined in this mission for the benefit of all Sri Lankans.
Thank you.
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ramona therese fernando / March 31, 2016
Very scary indeed, to see the way Sri Lanka hitherto operated. True Lankan nationalism has to be instilled, and not the charade of national formality with little sincerity towards the Lankan masses.
Hope however, that this is not a precursor to the Land-Bridge deal. We’d prefer to be at the mercy of stealthy lawyers for the sake of country sovereignty. Hopefully there are fresher lawyers of true national honor and fervor to replace these guys.
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Lanka Watch / March 31, 2016
SHHHH.Folks! Don’t let the UN high commissioner for Human rights know
about this case being filed against abuse of office of the Chief Justice by former and current CJs. What will happen is that the UN
high comm. will throw the request made by Yahapalana chief to have
local judges to investigate human rights violations during the war,
out of the UN window.
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S M J Senaratne / March 31, 2016
Pathfinders are always invariably rare and few.
Invariably first finder is the solitary source. But if the path is paved properly, there are a lot to benefit from it.
In this particular case I treat Nagananda as a solitary pathfinder.
People who are shy to join him now will comfortably follow the part later.
I am not only proud for the role of the pathfinder but I shy to associate who will use and follow the path later.
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Ruvan / March 31, 2016
This news item ‘Chief justice and three other…….’ seems to be hinting something ‘fishy’about Yahapalanaya future plans!
Daily-News is reporting today:
“Medical students on a Sathyagraha in front of Karaptiya Medical Faculty in Galle were sprayed with chili mixed water by an unidentified gang…..”
These gangs seem to be practicing for the big job with chili powder (not gun powder yet; but their Jaffna counterparts seem to be already ready with their typical Northern outfits)!
Supreme Court judges! please be careful of your judgments: Good Governance (Yahapalanaya), democracy, transparency, media freedom: they all have dangerously funny meanings in Sri Lanka! Look up in your judgment book and turn the page to JRJ’s time! These gangs are not even a stone’s throw away!
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Spring Koha / March 31, 2016
My Hultsdorf Buluth-Hapaya reports this morning from his hot verandah that some of the ‘great and the good’ who don robes have been seen with unaccountable brown-stains on the backsides of their voluminous trousers. Surely, no coincidence!
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