Chief Justice Shirani Bandaranayake has agreed to stay only one day after reinstatement, Colombo Telegraph reliably learns.
Sources close to CJ Bandaranayaka told Colombo Telegraph that she is not willing to hear any case. “She will also resign, she is only expecting a decent farewell” they further said.
Chief Justice Shirani Bandaranayake
However, even if the Rajapaksa-fabricated cases against her are withdrawn, the case against her husband will be continue, a source close to Prime Minister Ranil Wickremesinghe told Colombo Telegraph.
Her husband Pradeep Kariyawasam is a suspect in a case before a magistrate over the NSB scandal. Kariyawasam is facing charges before the Colombo Chief Magistrate’s Court for causing a monetary loss to the Government to the tune of over Rs. 391 million through the unlawful purchase of The Finance Company (TFC) shares.
“Shirani Bandaranayake did not enter the official bar through the normal recruiting process. Her appointment to the Bench was purely political. Therefore she begins her career as a judge with politics. Thereafter she may have been on her own to the extent that CJ Sarath N. Silva and the other succeeding CJs were on their own, but were certainly not what Judge Mark Fernando was. Judge Bandaranayake proved she was with the Rajapaksa regime in 2010 August, when she presided over the petitions on the 18th Amendment that was shrouded in mystery where even the Cabinet of Ministers was not given time to study it, before giving consent. She knew there was no urgency for that Bill, as the President was going to take oaths for his second term, only in November, but does not dissent in her determination and insisted only on the 2/3rds majority clause knowing very well that the President had secured this in numerous ways. She had won the trust of the regime and this is what secured her the CJs appointment in May 2011,” a critic told Colombo Telegraph
“It was also this very same affinity which prompted her to throw her independence away, ridicule the independence of the Judiciary and insult the aspirations of the people by posing pose smilingly for a photograph with the Rajapaksa family after Namal Rajapaksa was sworn in as a lawyer. That broke all tradition and all ethics. It was also the trust the Rajapaksas had in Sirani Bandaranayake that paved the way for Kariyawasam to obtain top level appointments not only at the NSB but even before at the Insurance Corp.
‘It is still not known how that bond of loyalty and trust fell apart, but broken it was and the entire matter came into the public view through the impeachment process. This is where we as the public got an opportunity to forge a new alliance that may give an independent judiciary another chance. This was accidental, but we should try to use it to the advantage of the people in securing some independence. Let us also not forget that personality driven projects to secure the independence of the judiciary often does not work the right way, as we saw in the way CJ Silva behaved after falling out with Mahinda Rajapaksa.” the critic further said.
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dcn / January 21, 2015
Very gracius decision. All should honour her for her decency and grant her a grand farewell.
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S.Modaya / January 21, 2015
Justice Sripavan as the senior most Judge of the Supreme Court should be the next CJ. But he is Tamil and Sinhala Modayas are scared…
Many times senior Tamils have been over looked and prevented from holding the Top job in govt. institutions because of ENTRENCHED RACISM in the system dominated by Modayas..
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Panidthaya / January 21, 2015
Avoid the rubbish. Tamils have been very good in positions and the Sinhala community has accepted them. Have you forgot the great CJ Sharvananda? or the famous AGs Shiva Pasupathi and Kamalasabayson?
Sinhala people are NOT racist but their politicos are and the politicos are desperate to make the Sinhala community racist. Ranil Wickremesinghe is an exceptional. He sees knowledge and talent. He is more of a meritocrat. He can see beyond the narrow confines of race, ethnicity and nationality.
Hope for change, progress with it.
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Native Vedda / January 21, 2015
Panidthaya
“Sinhala people are NOT racist but their politicos are and the politicos are desperate to make the Sinhala community racist.”
Sinhala/Buddhists are racists like their Tamil brethren and the rest of them a simply stupid.
The question one should ask oneself is why do the Sinhala speaking people vote for the most racist person in this island, not just once but continued to vote for in the past 66 years.
Hindia and USA have thrown a rope for the people of this island to get out of their bottomless pit, let them grab the opportunity to make this island a truly democratic country.
Most enlightened people don’t want to live in North Korea centrally situated in Indian Ocean (BTW, it is not Hindia’s Ocean).
Make sure people and their rulers don’t call this island a Sinhala/Buddhist country.
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whywhy / January 21, 2015
pandithaya
Any explanation on more than 5.7 million votes to
MARA?Love to see all these voters turn against them
and be part of national unity.
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sach / January 22, 2015
And remember this Siva Pasupathy guy…the former AG who turned into an LTTE supporter once overseas…
After all the racist sinhalese cant be blamed on not trusting tamils and these racist sinhalese ended up giving him Deshamanya title…..LOL
Bugger went abroad and worked for LTTE
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Orpheus / January 24, 2015
What about CJC Sansoni and justice Winneshwaran. What about the foreign minister Luxman Kadiragamar, Mrs. B’Minister of Telecommunication in 1970?
There are lot more example, I cannot mention without doing some research.
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mike / January 21, 2015
@S. Modaya
No wonder you are a MODAYA !
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viveka / January 22, 2015
I don’t think many learned Sinhalease are that narrow minded. If he will be nominated based on merit, and seniority I am sure most of the educated Sinhalese will welcome that. For once give some good people credit without discarding all in one. Even when BBS sponsored thuggery came majority of Sinhalease worked stood up against that and was very vocal about it.
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Amarasiri / January 21, 2015
Dear Chief Justice Shirani Bandaranayake
RE: CJ Shirani Just Only For One Day
The people of Sri Lanksa salute you for standing for Justice and Law and Order under the dictatorship and corruption.
Thank you Chief Justice Shirani Bandaranayake.
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mj / January 22, 2015
She deserves a great Farewell. Unfortunately she cannot continue because of her stupid husband.MARA must be crying.
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Thamara / January 22, 2015
I Think you must first get the resignation letter before the government re-appoint her as the CJ. Though her impeachment was unprecedented her appointment to the bar was also political. There is also a pending case against her husband and she has no right to continue as the CJ of this country. Don’t trust her.
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Agnos / January 21, 2015
“So, how that bond of loyalty and trust between Rajapaksas and this Bandaranayake suddenly broke down is still not known to any one in the public.”
Not so. I remember how she supported the 18th amendment and was chummy with the Rajapaksas until falling out, probably over some powers of development of provinces vested with the provincial councils that Basil Rajapaksa wanted for himself– what else would Mr. 10% want–but she was not willing to OK it, which angered the regime.
There could be other hidden reasons, but this was very public and I remember.
So, it is necessary to rectify the illegal impeachment and reappoint her, but it is correct to say that she doesn’t deserve to be CJ for the longer term.
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Matilda Ellepola / January 21, 2015
Mr 10% ????? you kidding me…
that was way back in 2005 that BaRa got 10% and later became 20% and then 30% and finally Mr. 40%
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Patriot / January 21, 2015
Bond of loyalty and trust between Rajapaksas and this Bandaranayake suddenly broke down due to the pressure exerted on her by majority of other honest judges to make the judiciary independent of political interference.
Good that she is not going to continue as the CJ because she does not deserve to be the CJ again due her pathetic past decisions specially letting Rajapaksa get away with the referendum to pass the undemocratic 18th amendment.
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Uthungan / January 21, 2015
“So,how that bond of loyalty and trust between Rajapakse and this Bandaaranayake suddenly break down is still not known to any one in the public”
She supported the 18th Amendment.Yes.
But the loyalty and trust between her and the President got frayed and later broke when her husband would not take the blame for something he was ordered to do from higher up.
That set off a host of other irritants as far as she was concerned like the assault on the Secretary of the JSC the Divenugama issue,her refusal to attend the call from Temple Trees etc.,etc, all of which led to her illegal impeachment by a hastily constituted parliamentary select committee with a majority of the government MP’s sitting together to reach a decision without conforming to any procedure,or code of conduct as to the time permitted to her for a fair hearing by calling witnesses, examining documents etc.etc.
It is good that she has decided to not continue for more than a day in the interest of justice and independence of the SC and legal process if reinstated.
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jansee / January 21, 2015
A very welcome article and proposition. Shirani had displayed her faults and supported a system that eventually caught up with her. The sanctity of the CJ position is paramount in a parliamentary democracy. The worse, even worse that Peiris was Sarath N Silva who merely prostituted for and with the position. The way he decried his own judgement against MR on the tsunami fund and his judgement on the matter referred to the supreme court by CBK were scandalous.
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Pasel / January 21, 2015
She show her true believe of the justice system to the world, she only wanted her job back to tell the world she was sacked by MR not by ate law
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ramona therese fernando / January 21, 2015
Oh! So, SHE is the One who was with Rajapaksa’s at first, but was ignored and harassed by the Elite Old-Boy club of the Bar-Association (who would prefer Federalism to make it easier on themselves and secure their bambastic positions). Poor thing then broke down as she couldn’t help Rakapaksa secure the N&E so soon after the end-of-war.
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ramona therese fernando / January 21, 2015
~correction : Elite Old-Boy Club of the Bar-Association(………bombastic positions).
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MirakRajBanda / January 21, 2015
Please make sure you lock up Wimal W, Johnston F, Ghanasara the Buddhist Terrorist, Duminda S, Mervin S, Namal R, Gotabya R and finally the shark Mahinda Rajapakse for crimes against humanity, corruption, Extortion, Intimidation, hate speech, extra judicial killings, drug peddling, human smuggling (Aus) and so on……
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Sri Lankan / January 21, 2015
Bunch of self centered lunatics the lot. Those who gravitate around them are the same birds of a feather. First of all, in order to avoid having lunatics rule us we need the educated to be moral and ethical exemplar to the rest of us. If those so called educated elite like GL Peris (In my opinion, it is a disgrace to call him a Professor anymore) and in this instance Sirani B who as mentioned was also a plotical appointee should never have accepted such a position in the first place. What came to her was her own making. When the educated cut corners for personal gain, how can you blame morons like Mervyn and Thewarapperuma for their shananigans? For gods sake those who have some Education act the part without compromising your morals and ethics. That is where good governance will begin.
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Parakrama Abeygunawardane / January 21, 2015
That’s what the right thinking people expected.Thank you and wish you all the best.
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Ponkoh Sivakumaran / January 21, 2015
She is a tainted person. She belongs to the triumvirate of Sarath Silva and Mohan Peiris, who are political appointees. Her prominence is due to her connection with GL Peiris, now a figure of fun and a potential accused in treason for participation in an alleged coup. She should simply leave. There was a valid address in Parliament to dismiss her. Peiris must simply resign and a new Chief Justice appointed. I hope it is Justice Sri Pavan. Bypassing him would be highly inappropriate, if he is the Senior Judge.
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John / January 21, 2015
Appoint senior most Judge Sri Pavan as CJ & start a new culture
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Uthungan / January 21, 2015
Is there a contradiction here, if the senior most Justice Sripavan is to be appointed CJ,he was also one who sat on the bench with de facto Cheat Justice Mohan Peris and decided to OK that MaRa could have a third bite of the Presidential cherry?
Any comments?
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Javi. / January 22, 2015
`Any comments?`
Peter principal: The boss is always right.
Patriotism is an emotion like religion. if you want to play straight get into the profession where you are your boss. GL Peiris is not the only prof who cannot win a case this happens with most profs therefore they are school teachers.
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Sam / January 21, 2015
Shirani can be reinstated. But should not allow to carry on because she is a political chief justice. I saw a photograph in newspapers in 2009 presidential poll meeting where Shirani seated front raw when Mahinda address the audience which as a supreme court judge should not do. Shirani has done unethical things in public to obtain the CJ post .In secret how much wrong things done we do not know. She gave a verdict that military court is a judicial court , against Sarath Fonseka and allow war hero to go jail. So ultimately Shirani has to face Ditta dhmma vedaniya karmaya. Not only Shirani most supreme court and appeal court judges are Mahinda,s cronies. We cannot expect impartial judgment from these judges. Should appoint new impartial judges after making amendments to constitution.
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george jilmart / January 21, 2015
SB is not the most suited person to be reappointed as the CJ. She has a blemished record and it was well known that she was close to the MARA. sow as her husband. Bringing her back will not be good for governance as a leopard will not change spots. Justice Bhavan before whom MS took his oaths appears to be the best person for this role.
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K.A Sumanasekera / January 21, 2015
Real Estate Business has been been good since Nanthikadal.
Even my humble Abode on the 6th floor in Wellala Gardens has gone up at least 5 Mil…I mean in LKR.
Just imagine what our Ex CJ’s pad is worth considering the discount she got at mates rates.
My mates in Real Estate tell me that the digs around ex CJ’s patch, command upwards of 35 Mil.
What is the EPF for a Judge even if she/ he has done the apprenticeship through the legit grades and retires in old age.
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JULAMPITIYE AMARAYA / January 21, 2015
Kas, Kas.
Do you have those Real states Detail of Jarpassa Clan’s Real states and Up market Tourist Hotels acquired From People, by force, illegally in Colombo, Negambo, Kalpitya, Jaffna, Nilaweli ect.
When you dig all these Transaction You will get Pads
Soaked with blood also.!!!.
One day Licker is an Always Licker???.
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vishwamithra / January 21, 2015
The decision by PM Ranil Wickramasinghe is ABSOLUTELY CORRECT. He has in principle agreed to permit her to return to office ONLY FOR A DAY and pack up her things she was permitted to collect and go back home. She must blame herself and any other
This is a great lesion for all other JUDGES in the JUDICIARY. All JUDGES should go back to the law school and understand that they perform JUDICIAL POWER OF THE PEOPLE and not the JUDICIAL POWER OF THE EXECUTIVE. The JUDGES commit themselves to play the ROLE OF THE WATCHDOG and to uphold the people’s judicial power at any cost. They have no business with the Executive, Legislature and the Media. With this costly lesson all judges should understand that they are required under law to perform their role absolutely independently and be mindful not to engage in act that give wrong impression that they condone or liaise with the EXECUTIVE.
RAJAPAKSE behave like a BULL IN A CHINA SHOP because of the sins committed by the Judges with no spine.
PEOPLE WANTS THE GOVT TO PUBLISH THE MOHAN PEIRIS’S SO-CALLED RULING ON 18TH AMENDMENT GIVEN WITHOUT AFFORDING PEOPLE TO CONTEST IT AND PEOPLE DEMAND ALL JUDGES WHO BETRAY PEOPLE TO RESIGN FORTHWITH. THEY WANT THE GOVT TO HOLD THESE SPINELESS JUDGES RESPONSIBLE AND MADE THEM TO PAY. THEY CANNOT BE PARDONED FOR SURRENDERING PEOPLE’S JUDICIAL POWER TO EXECUTIVE. ANY EXCUSE BY THEM THAT THEY WERE MADE TO SIGN THE OPINION WHICH MOHAN PERIRS RULED ‘HAS THE SAME WEIGHT OF A JUDGEMENT MADE BY THE COURT’ IS NOT ACCEPTABLE AT ALL. PEOPLE DEMANDS FOR STRONG STABLE JUDICIARY AND NOT A DISGRACEFUL AND SUBSERVIENT JUDICIARY UNDER ANY COST.
As someone has correctly pointed out Shiranii B approved Rajapakse’s 18 amendment without referring to the people at a referendum, because she was then in the Good Books of Rajapakse. however, when the honeymoon with Rajapakse was over she suddenly realised she was exercising people’s Judicial power. Then she start doing her job BETTER by refusing to accent the Divineguma Bill and ruled that it required to be approved by the people at a referendum. But it was then too late as she had doe the biggest blunder in her career as a judge having let down the whole country.
THIS BITTER SITUATION LED TOTAL LOSS OF PEOPLE’S TRUST AND CONFIDENCE IN THE JUDICIARY AND AT LEAST NOW WHOEVER APPOINTED TO THE SUPERIOR COURTS SHOULD PLEDGED TO RESPECT AND HONOUR THEIR DUTY UNDER THE CONSTITUTION TO THE LETTER.
People want them to strictly adhere to law. When a right violation is brought the Court people want the court to hear and determine it within 2 months of filing of the Petition, this is what the Constitution require them to do, the judges themselves cannot violate the constitution. In order to do discharge their duty expeditiously all 3 court vacations ( 3 vacations of 3 weeks for year) shall be abolished. The England that introduce this system in Sri Lanka abolished long time ago.
All courts should be made function by law from 09.30 am with cessions to continue till 4.00 pm with one hour break for lunch. This is how people wants PEOPLE’S JUDICIARY to function. In cases where the cruel, inhuman or degrading treatment is obviously clear the court shall impose compensation on the violators in their personal capacity and not allow to pay from Public Funds. the Tax Payers cannot be held responsible for abuses committed by the state officers.
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justice / January 24, 2015
vishvamithra,
Your proposals will enable swift processing of cases and clear the stated back log of 60,000 still to be heard.
Minor judiciary must hear the person/s brought by the police, privately, before deciding on remand/bail. Surety bail should be preferred, as this will help poor citizens.
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Off the Cuff / January 25, 2015
Dear vishwamithra,
A lot of sense in what you say.
Shirani cooked her own goose when she allowed the 18th to go through. Good comment.
But PM Ranil W is also complicit in the procedure adopted against Shirani. That procedure was putrid.
Shirani may or may not have been guilty but we will never know that as donkeys sat in judgement of a CJ.
Kind Regards,
OTC
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sumanawansa / January 21, 2015
PEOPLE WANT NO SIRIPAWAN OR ANY OTHER CURRENTLY SERVING IN THE SUPREME COURT WHO HAD SIGNED MOHON PEIRIS’S RULING ON THE 18TH AMENDMENT. PEOPLE WANT THE JUDICIARY TO START A FRESH WITH PEOPLE WITH UNBLEMISHED CHARACTER AND INTEGRITY TO APPOINTED TO THE SUPREME COURT AND THE COURT OF APPEAL.
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sam / January 21, 2015
We need to amend the constitution on how to appoint judges for various courts. Now a days judges got caught after taking bribes. Level of judges has come down to very low and society is not respect judges due to their bad behavior including rape charges even. In my opinion chief justice must be the senior most judge in supreme court. Supreme court judges should appoint from appeal court on Seniority unless there is allegation. Also appeal court should be appointed from high court and other solicitor general department etc. No one should allow to appoint supreme court or appeal court directly on political basis. Also should add to become a appeal court judge must need 20 years active practice like clauses. Even president should not be able to influence judges. Must appoint directly from Judicial service commission and president should not have power reverse those JSC decisions. Immaterial to her academic qualification Shirani appointed directly to supreme court which is apolitical appointment by chandrika.
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Bensen Burner / January 21, 2015
She should leave with dignity and thus end a tainted judiciary for good. Bensen
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Summa / January 21, 2015
Is this one day re-instatement for farewell or to get the all state benefits like pensions? I guess when a CJ impeached they lose pensions!
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Pygmalion / January 21, 2015
SUMANAWANSA.
Spot on! I have stated elsewhere,a CJ.appointed from amongst the present Judges would not be appropriate.Their Judgement to permit MR to contest for a THIRD TERM was disgraceful; Though this turned out to be a blessing in disguise,like the Astrologers advise!
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Ponkoh Sivakumaran / January 21, 2015
I agree. I take back my view that the next senior judge should be appointed. None of them had the gumption to stand against MR and for justice. None of them deserves to be called Justice So and So.
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vinividha / January 21, 2015
Sorry to say that the Judges in the Superior Court system are not deserved to be reappointed at all.
As Mr SIVAKUMARAN correctly said all these people have proved that they are only PASSIVE SERVANTS OF EXECUTIVE, the tyrant President RAJAPAKSE. None of them are qualified to claim that they are defenders of the constitution and the people democratic rights. All must go without insulting the people.
Get them all to resigned and appoint a new panel of judges with proven good character to the COURT OF APPEAL and the SUPREME COURT.
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Aia / January 21, 2015
Yes, her was a political appointment, despite that she didn’t collaborate all along. The system failed us rather than blaming her for all what happened. To allow politicians to nominate such a position as CJ is a flaw and it allows compromise the integrity of the person comes through. In her situation, the issues her husband has had didn’t help either.
She has suffered a lot, and might have felt remorse for the wrongs she did. She deserves a proper good bye.
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A Voter / January 21, 2015
The associates of public figures must not even be suspected of wrongdoing. (The ancient Roman Julius Caesar is supposed to have said this when asked why he divorced his wife, Pompeia. Because she was suspected of some wrongdoing, he could not associate with her anymore.) . So there we go, even the CJ’s husband should be above suspicion at all times. !
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buwaneka / January 21, 2015
Aia,
You say that she has suffered a lot. That is why she is going to be allowed to occupy the office for a day.
This is a very good move by the government and a good lesion for all puppet judges who compromised their integrity for private benefit.
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douglas / January 21, 2015
The only man to say Mrs. Shirani Bandaranayake is not “LILLY WHITE” was Late Mr. S.L. Gunasekera. Thank you for your outspoken words.
Now coming back to her position with Ex President, the above remark made by a prominent lawyer is self explanatory. This was further confirmed by another statement by the Ex President. He said: “How can I refuse when the CJ requested me to appoint her husband as the Chairman of NSB”. If that was true, she deserved to be removed “instantaneously”. Now he is charged in courts.
To the credit of CJ 43, she was stripped off her position “illegally” and “arbitrarily” and deserves to be “reinstated”. Let that be done.Also we appreciate her decision to step down within “one day” after that “reinstatement” and pave the way for an appointment to be done in the most “appropriate” and an “unquestionable” manner so that the “dignity” of that position to be maintained.
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srilal / January 22, 2015
Douglas ,
“How can I refuse when the CJ requested me to appoint her husband as the Chairman of NSB”.
How can any one trust MR’s word ? remember MR declaring there was zero causalities soon after that bloody war ? then he was forced to changed it to “zero civilian casualty policy” to save his face ,certainly Shirani B is not suitable for the position but i’m sure she wouldn’t have made such a silly request.these were all MR’s usual “Passing the buck” tactics.
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Plato. / January 21, 2015
DOUGLAS.
Agreed.The issue here is that the Impeachment was seriously flawed.Therefore,this needs to be rectified.SL[RIP] true is outspoken,but not being LILY white does not justify the her removal illegally.With social changes in the Post-Independence era it may not be easy to maintain say the standards of Justice E.H.T.Gunasekera,father of SL. Anyway,lets welcome her back even if its for a day.RES JUSTICIA!
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Mevan / January 22, 2015
Ms Shirani B will have to pay for her indiscretions in cosying up to the earlier regime – in order to restore the image and integrity of the post she held. “If you lie with dogs, you get up with fleas”, as the saying goes. What is sad about the episode is that we are told she came up in life through hard work and ability. It is a lesson to be learnt by all those who are in the upper echelons of public life – how easily they can be seduced by glimpses of the good life to compromise on their integrity.
Her decision to remain in the post for only one day is an honourable one and the people will now wish her well.
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Upul / January 22, 2015
Let her have her day…get her full pension ( this is what it is all about)with arrears if relevant, and fade into the sunset.
She is as corrupt as her husband because one cannot claim to be ignorant of facts at that level. She and her husband claimed the maximum benefits of their friendship with the Rajapakses’ and one day when she decided to rule against them…the bonds were broken.
Live with fire, die in fire!
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Orpheus / January 22, 2015
After carefully considering what she did, we can she she is one of the most corrupted people in SL. She got the authority of handling the case of Bankrupted company of Golden Key Card of Lalith Kothalawala. Investors are waiting to get as much as possible from salvaging the properties left over. She sold apartments in Alwitigala mavatha, next to nothing to her siblings in Australia. But they were in her name and she said they were in her name because the siblings live in Australia. Parliamentarians questioned her about how she got the funds, she said this. Either way she did a big wrong thing to Golden Key card investors, broke the Bankruptcy handling laws, If she purchased them for Australian siblings she had hood winked the Australian Tax Office. “Human society is corrupted and governments are made of people. Bible describe a government with no corruption to be Gods Kingdom, the government for which Jesus taught his followers to pray for – Matthew 6:9,10
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R.M.B Senanayake / January 22, 2015
Shirani should be re-instated because the impeachment motion and inquiry were flawed. But she compromised herself earlier by not insisting on a Referendum for the 18th Amendment. She deserves a honorable discharge and thats all. I am happy she has offered to resign after reinstatement- that is gracious behavior.
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Lion / January 22, 2015
Writer is very correct of the facts given in the article.Getting a job foe her spouse and officially presenting at Namal Rajapakshas swearing in ceremony and passing of 18 amendments had tainted her carrier beyond recovery.It is better if she steps down.
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