Chief Justice K Sripavan has failed to appoint a Bench to hear the judicial corruption charges made against him and three other former Chief Justices (Sarath N Silva, Shirani Bandaranayake and Mohan Peiris) and also against the incumbent President of Court of Appeal, Vijith Malalgoda, Colombo Telegraph can reveal today.
Chief Justice K. Sripavan
This Writ Application (SC/Writs/03/2016) case was filed on 29th March 2016 by the Public Interest Litigation Activist Nagananda Kodituwakku against the Corruption Commission for its failure to initiate a credible and independent inquiry, against the formal complaint made by him on 15-02-2016 against the said Judges who are cited as Respondents in this case. All the members of the Corruption Commission and its Director General have also been made respondents in the case, which seeks a mandatory order from the Court against the Corruption Commission to initiate a credible and independent investigation on the Corruption charges made.
One of the main charges leveled against the CJ Sripavan is that he has condoned the unlawful appointment of rejected candidates as MPs through the National List and the opinion expressed by him that the ‘National List abuse’ is ‘not a matter of National importance’. This stand taken by the CJ has been challenged as a clear abuse of office to confer a benefit to the Executive President Maithreepala Sirisena, who has appointed Justice Sripavan to the office of the CJ outside the due process.
The UN Human Rights Council has also been made a Respondent in this case, since the United National Human Rights Council has expressed its concerns on the state of Sri Lanka’s Judiciary and adopted a Resolution against the Government of Sri Lanka on 01st Oct 2015, emphasizing the need for accountability in the Administration of Justice. The Resolution also calls for individuals with integrity and impartiality be appointed for the administration of Justice, that is essential in upholding the Rule of Law to build people’s confidence. The Bar Association of Sri Lanka too has been cited as a Respondent, as it has endorsed the stand taken by the United Nations Human Rights Council on the Government of Sri Lanka with a Statement issued, stressing the point, that over a period of time, the independence and credibility of the judicial and prosecutorial systems have failed to meet the confidence of the people resulting in an erosion of the people’s confidence in the Sri Lanka’s Justice System
However, since filing this action on 29th March 2016, the Chief Justice Sripavan has failed to appoint a Bench to hear this case, and thus the Activist has challenged the conduct of the Chief Justice as a clear abuse of people’s Judicial power, the CJ exercises on Trust. Therefore, in the fresh Motion filed in Court on Friday (06-05-2016), the Activist has urged the Chief Justice to perform his constitutional duty and to appoint a Full Bench of the Supreme Court for this case of greater National Importance. The activist states that the abuses reported against the Judiciary amount to clear violation of its statutory obligations to protect, vindicate and enforce people’s judicial power.
As the Court has failed to serve notice on the UN Human Rights Council which is a Respondent in the case, the Activist has taken steps to serve the Notice directly on the Council, notifying the Court accordingly.
Vibhushana / May 8, 2016
– The Tamil [Edited out]
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Tamil from the north / May 9, 2016
Vibushanam, we are all indebted to you. We appreciate you sharing your wisdom at such short notice with endless stupidity. Thanks and please do come by and grace us with your wonderful comments such as ‘Edited out’.
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Sinhala_Man / May 9, 2016
Well said, “Tamil from the north”.
Guys like me welcomed the appointment of a Tamil as Chief Justice, but we want Sripavan to dispense Justice, not to be a Quisling.
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PROUDMAN / May 9, 2016
What of your comment is edited out Vibushna?
Were you going to say The Tamils are glorious people with a cujture we envy???
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Paddy / May 9, 2016
What’s the point of us queuing up to cast our votes if the people whom we voted out are anyway brought in through the back door. This is a downright insult to the voter. Let us in future just vote for a party and let the party decide on who should be sent into parliament.
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Bensen Berner / May 8, 2016
Is he another Sarath silva? Bensen
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Native Vedda / May 9, 2016
“Chief Justice K Sripavan has failed to appoint a Bench to hear the judicial corruption charges made against him and three other former Chief Justices (Sarath N Silva, Shirani Bandaranayake and Mohan Peiris) and also against the incumbent President of Court of Appeal, Vijith Malalgoda, Colombo Telegraph can reveal today.”
If Chief Justice K Sripavan has failed in his duties, lets appoint a few foreign judges.
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Funlover / May 8, 2016
Disgusting.
Aiyo Sirisena. [Edited out]
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Uthungan / May 8, 2016
The legal process in SL has been the victim of many assaults from the time of JR’s authoritarian regime in the late seventies.
Remember the time when the doors of the court was shuttered and judges were hooted and stones thrown at their residences.
The rot started there and that trend continued down the line when regimes headed by others followed and it has continued while it peaked under the 18th Amendment against which even the BASL did not express any concern during President MR’s time in office until an illegal process targeted the CJ and saw her ousted.
It was too late by then.
Under such circumstances is it any wonder why the CJ has failed to seriously address the question of nominating defeated candidates as MP’s and justifies that by saying that ‘ it is not a matter of national importance?
That is the Rule of Law in our thrice blessed isle.
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gamini / May 9, 2016
Uthugan, you seem to have a short memory. The interference of the Judiciary commenced under the UF rule in ’70 to ’77 of the Sirima led govt by Felix R Dias Bandaranayake. If you do not know, see the Film ‘Sagarayak Meda’.
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Uthungan / May 9, 2016
Yes there was some shortsighted tinkering during the .1970-77 under the Srima’s UF with the judiciary by FRDB , but that comparatively was not blatant and destructive to the extent it was during JR’s tenure.
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cat with 9 lives / May 9, 2016
gamini ,
Do you think anyone listens to anyone??
They have a job to bat like playing pocket billiards.
Very large number of articles from sinhala/Tamil/Muslim are stink bombs from academics.
The irony is public swallow it thinking they are learning english and complaining about counter stink bombs by posters.
Meeeow, Meeow the Iguanas..
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Adrian / May 8, 2016
CJ position appears as part of parliament.
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thondamanny / May 8, 2016
[Edited out]
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Plato. / May 8, 2016
A defeated candidate at an Election is a defeated candidate!
Accommodating such a defeated candidate on a National List,of a political party is morally wrong,and is just not right.
Do we need a Supreme Court to adjudicate on a straight forward question?
I am with Nagananda on this battle!
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Zorro / May 9, 2016
The Authority is the Truth.
“A man may’keep good and noble ideas before his mind, rejecting those that are the contrary,’ and yet be a slave to his passions.Silver is of less value than gold, gold of less value than virtue, than the endowments of virtue.”
A lesson to anyone who ad hoc calls all whites racist.
Never in the history of USA has the President of America interfered in the Judiciary.
But Barack `Hussain` has interfered many a time especially in favour of `head of state Rajapakse` in the Trinco murder case.
Vide et crede. Lat. —”See and believe.”
Vox populi. Lat.-” The voice of the people, the popular voice.”
Vox populi vox Dei. Lat.-” The voice of the people is the voice of GOD.”
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Lanka Watch / May 11, 2016
Plato – I totally agree with you. why cannot the C.J. clear his name by
giving the right ruling on this subject as law books are available to stand by his decision.This is a clear case of political interference.
Where on earth a defeated MP is taken back to the parliament as an MP and what is the purpose of having an election. This is a direct hit on
the people’s rights.
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justice / May 9, 2016
“Backdoor” appointments of defeated candidates to parliament, is a severe infringement of human rights of citizens of Sri Lanka.
This has not happened in any other democracy.
The CJ by refusing to acknowledge this fact, has heaped ignominy on the Supreme Court.
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trunket / May 9, 2016
This Island like most Islands is controlled by Bilderberg Group.
American Multinationals Control- Another Subic Bay.
Each time Power brought a message from Barry something happened.
The last visit, American owned IMF awarded a loan of $1.5 billion.- to sink.
India has swapped $1.5 Billion
Now Mittal of Goldman Sac’s $1.4 Billion
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BBS Rep / May 9, 2016
All the hope that we had when we worked so hard to get rid of the MR Mafia, is now dashed. The last vestige of hope, an incorruptible judiciary is also now dashed. Siripavan turns out to be no different to his utterly reprehensible predecessors, namely; Sarath N Silva, Shirani Bandaranayake and Mohan Peiris.
What a thrice blessed Sinhala Buddhist country this is turning out to be.
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Mufhi Ahamed / May 9, 2016
Appointing defeated candidates and the candidates not listed as National List candidates is illegal and immoral. This judiciary and boru yahappalalanay government are cheating the government. They are violating doctine of trust. This is not good governance, but bad governance.
Ministry of education is going bad to worse. People are calling it the ministry of “modayas” of Ministry of “Madanamuthha”. For selecting students to college of education, this ministry has taken a policy decision of taking students based on the vacancy. This clearly violates Article 12(1) of the constitution which says a person can not be discriminated based on the place of birth etc. The modayas in the ministry of education do not know this constitution provision. If all recruitment to government are made based on “education ministry policy” what will happen? Ir the ministry officials can implement transfers to teachers, these blood modayas should be either sent on transfer or interdicted.
Now giving political victimization appointment to the party men and the friends and relatives of these modayas. Modayas are selecting modayas. If those people are victimised, who officials victimised them. What is the punishment for the victimisers? If mahinda violates, inquiry will go, but the education ministry officials danced to the politicians, no inquiry. Before awarding any relief to so-called the affected people, all the officials be punished.
There is a college of education Acts. According to this Act, there should be a Board of experts appointed by minister to run teacher education institutions. But this minister does not know even this provisions. One person in the name of Commissioner (teacher education) is taking all policy decision. Hurrah Good Governance
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Shrikharan / May 9, 2016
So if Rajapakse comes to power he will use this to remove Sripavan as Chief Justice. This rot will continue. It started with Shirani Bandaranayake and then to Mahan Pieris and so why not for Sripavan.
The problem is the system has to change and a CJ’s appointment is purely depended on politicians and not on their merits and so anyone in a CJ’s position has to sing for their supper. You really can’t blame the individuals but the system.
These politicians come to power purely on slogans but ultimately none of their slogans are kept. This was so from JR Jayawardene’s Dharmista society which he never kept and created the opposite, and Chandrika Kumaratuge who came with a promise to abolish the executive Presidency but even got reelected on the same promise but never made any serious attempt to abolish it. She gave the excuse she missed the 2/3 majority but she could have then gone for a referendum which then only requires a simple majority but she did not only to enjoy the perks at the expense of the people being denied a good governance. Then come Rajapakse on similar promised and extended the Presidency by a third term! Then My3 came on the promise of good governance and we have to still wait and see where all this end.
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rew / May 9, 2016
Vote MS and Ranil out, and you will get what you deserve, ie MR and his cronies.
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srinath.gunaratne / May 9, 2016
Naga,
Do not give up, every right minded citizen is behind you.
This is where we have to start, courts!
Then police force not afraid of politicians.
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Funlover / May 9, 2016
Sripavan [Edited out]. Yes he must see “survival” as his job. And leaders of all major political factions have proposed the names and appointed defeated candidates to the National List. Fact.
Is there any sense in Sripavan sacrificing his neck in the cause of Justice?
A look back at history will show that over the decades past none of the leading politicians of Sri Lanka have been truthful or sincere to the electorate. [Edited out]
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Ananda Markalanda / May 9, 2016
The element of objectivity clearly distinguishes the judiciary from the other branches of government and makes its members the logical choice to chair a government commission. Judges are recognized for their impartiality and willingness to listen to all sides of an argument with an open mind. Allegations of bias or partiality would be fatal to public confidence in the judiciary, so cautious restraint was seen as the best road to neutrality. Judges were also expected to stay away from the legislative or policy role or engage in it in a very limited way:
For six hundred years the judiciary has been guided by these principles: the commitment to uphold the law and to do so in an impartial and unbiased manner. These fundamental principles are affirmed in the Oaths of Office that are required of judges. An example of the Oath could be referenced here as a reminder:
I do swear that I will well and truly serve our constitution… and I will do right to all manner of people after the laws and usages of this realm, without fear or favour, affection or ill will .
It is fundamental to the rule of law in our country that executive decisions are open to review by judges to see that they conform to what the rule of law requires. Any legislative changes would have to be undertaken very cautiously to see that they don’t disturb that absolutely vital part of our constitutional arrangements in upholding the sovereign power of the people.
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sekara / May 10, 2016
We are talking about the denting of the credibility of the judiciary by a section of the ruling elite– whose interests as a whole the judicial system loyally serves.
As for fairness of the judiciary elsewhere, I remember well an English judge’s scandalous verdict some decades ago that not only let Jeffry Archer off the hook on a newspaper story accusing him of paying for sex but also entitled him to a massive sum as damages.
Many will remember how OJ Simpson got away with cruel murder.
And there are many many more instances.
Overall, the judiciary as a system is not impartial, exceptions being rare individuals acting free of class, gender and communal prejudices.
Independence of the judiciary works within its prescribed limits when the state machinery is strong and stable and governments feel secure.
One irregular appointment to the SC bench by Felix Dias Bandaranaike was inadequate excuse for what followed under JRJ.
We have inherited a corrupt system with its morally and materially corrupt set of politicians and the corrupting atmosphere– yet we complain of the outcome.
We are angry about a lapse, a serious one nevertheless, mainly because many had high expectations when the new government and the new CJ swore in.
The CJ survived many months without scandal because he was spared controversy. In the end, like many before him, he yielded to the moral corruption of a system, and thereby identified himself with it.
The guilt lies in the very idea of resurrection of the politically dead.
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PROUDMAN / May 10, 2016
sekara
you talk utter rubbish.
Are you trying to compare the situation with your beloved china where there is no justice system what so ever.
You say ” I remember well an English judge’s scandalous verdict some decades ago that not only let Jeffry Archer off the hook on a newspaper story accusing him of paying for sex but also entitled him to a massive sum as damages.”
Jeffry Archer argued his case in a superior court and won the judge has nothing to do with the final verdict.
You also say ” Many will remember how OJ Simpson got away with cruel murder.”
OJ Simpson never got away may be you didn’t follow the retrial and his conviction.
Here we have a situation where a TAMIL CJ is dodging the issue, a typical SL action.
What does this tell you? SL justice system is corrupt to the core We need international help to sort this out.
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shankar / May 10, 2016
” Chief Justice Dodges Corruption Case”
dodgy fellow.A real survivor like trinco sampanthan.Whichever way the wind is blowing sway with it.Don’t fight against the wind and break in two like prabha.
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Spring Koha / May 10, 2016
Tomorrow, Prez Yahapalanaya (himself) and his ‘contingent’ leaves for London to attend an ‘Anti Corruption Summit’ (at the invitation of PM David Cameron).
There is much we could teach them. Yes.
However, Is someone taking the piss?
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