Public interest litigator Nagananda Kodituwakku has written to the Commonwealth Secretariat in London alleging that contempt procedures are being deliberately abused in order to silence him.
Nagananda Kodituwakku
Kodituwakku refers to an ongoing contempt case (SC/Rule/2016) initiated against him and alleges that the action is aimed at subverting his activism on behalf of the citizens by preventing him practice his legal profession. He claims that these moves have been prompted by the fact that he has dedicated himself to upholding the rule of law and the constitution of the country.
He has therefore requested that an observer from the Commonwealth Secretariat or an affiliated organization be present at the contempt hearing in the Supreme Court ‘to ensure that the Government of Sri Lanka adheres to its obligations under the Commonwealth Latimer House principles and the UN Basic Principles on the Role of Lawyers.’
The full text of Kodituwakku’s letter is given below:
The Secretary General
Commonwealth Secretariat
Marlborough House
Pall Mall,
London
SW1Y 5HX
24th May 2018
Dear Madam,
Sri Lanka: Violation of the Commonwealth Latimer House Principles & abuse of contempt proceedings to silence a Public Interest Attorney
I write further to my letter delivered at Commonwealth Secretariat, London on 27th April 2018 drawing the attention of the Commonwealth to the deterioration of judicial independence and administration of justice in the Republic of Sri Lanka (a copy of the letter is attached hereto).
The letter under reference is self-explanatory and provides an insight into Sri Lanka’s judiciary, which is no more an independent, impartial, honest and competent institution, owing to direct violation of Commonwealth Latimer House Principles by all three organs of the Government of Sri Lanka.
As such, the life of the handful of rights activists in the country has become extremely vulnerable to threats, persecution and removal from the legal profession. This is borne out by the fact that certain elements in the judiciary who resent genuine and justifiable criticism are abusing judicial office by instituting contempt proceedings against such rights activists, in order to silence them. Regrettably, they and their supporters ignore the fact that such deplorable actions could justify and further strengthen the existing call for foreign Judges in Sri Lanka.
The on-going contempt case (SC/Rule/1/2016) initiated against the undersigned public interest litigation activist, who is dedicated and committed to upholding the rule of law and the constitution of the country, is the best example in this regard.
The content of the Motion filed in Court on 23rd May 2018 (copy attached) further reveals cogent first-hand evidence relating to the functioning of the three organs of the government in the country.
In view of the above, the presence of an observer from the Commonwealth Secretariat or an affiliated organisation, at the contempt hearing in the Supreme Court is requested to ensure that the Government of Sri Lanka adheres to its obligations under the Commonwealth Latimer House principles and the UN Basic Principles on the Role of Lawyers.
Your prompt assistance in these trying and difficult circumstances will be highly appreciated by all those who value democratic values in the country.
The next date of the hearing can be notified in advance.
Nagananda Kodituwakku
Solicitor (England and Wales) & Attorney-at-Law (Sri Lanka)
Jim softy / May 27, 2018
Even though we don’t like, I think the only way is what Nagananda Propsoes. The govt wants to subjugate by threatening you with jail terms for contermpt of judiciary, if that is applicable, On the other hand some wants to use you as a common candidate. Sri lanka’s corrfuption is occuring in the open and president is leaving those for voters. IT looks none is trust worthy, open, honest and has any integrity or conscience. Sri lankan voters are stuck.
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Native Vedda / May 27, 2018
Jim softy the Sinhala/Buddhist mufti
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“Even though we don’t like, I think the only way is what Nagananda Propsoes. “
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Are you for bringing foreign judges, legal experts, observers, …………….. or are you completely against them?
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Radical Ideas / May 29, 2018
As long as the Govigama Criminal Mafia remain at the controls of the state, you cannot expect anything good happening about the ruling of the country. The corrupted everything including the judiciary. The Justice system and its functions is hijacked by the Govis. Thats why almost all the political crominals and their proxies are freely roaming without any fear, after killings, arson, theft, rapes and the biggest the money stolen from the state coffers. Have you heard of anyone with a political power being imprisoned for his crimes in the recent history of 20 – 30 year span? none. Gota the criminal is being wooed to become the next president on the other hand. Ranil Maithree Govi brotgers thumped their feet on the ground and shouted that they will never allow anyone to prosecute Gota for his crimes….. it never happens. Dont we have any other persons Honest and Decent, from a non Govi lineage to become a controllers of the state??? They will do everything to prevent that from happening. Thats why the Govi owned and Govi controlled media is sowing the seed of hatred between the communities to keep the divide deep. So that no one emerges out of it to sve this country. Gnanasara and Champika team was invented and kept secured in any govt that comes to power to achieve this goal of divide and rule by the Govis. Sinhalas are dumbed millionth times with the Buddhism used as a tool of manipulation to keep them misguided from identifying the real enemy. The real enemy of all of us are the Govigama Ruling Elite Mafia gangsters. The people have to think fast to save this country from the worst to come.
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gambulseeya / May 29, 2018
Native: YES,YES,YES
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Nimal / June 2, 2018
Bring foreign judges but the rouges in the government will not allow it as still there’s money left in the country for them to rob.
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Thrishu / May 27, 2018
I like naganada’s campaign. To make it effective the campaign must be taken to every household in the country in oder to mobilize masses, and that could be done these days through TV and newpapers, internet so that people listen, think and take their decisions at the next election. Now the problem in Sri Lanka is that I believe all media barons that could help Naga are in the circles of politcians that are criminals and corrupt: now we know that even whiter than white sil redi Siri-Daya also corrupt and have been taking money from bank robbers, so I suspect no media baron or politcian that are in collusion would help Naga. . Internet may be of benefit but the governmemt could block the channels concerned. And the worst, the Sri lankan culture of doing something for another only if money passes hands. It is part of our culture, endemic, systemic, corruption of different magnitudesand form that spreads like nerves throughout sri lankan society from top politicians down to the beggar in the gutters. Well, the only hope is if Naga contest next election for Presidency (and assuming his campaign would not be disrupted by gangsters of the ruling parties) then people making a sudden switch of lolaylty and votin Naga. Sri lankans are also very reactive, effervescent, and they could change their mind at the last minute for some samll catalyst, they could back up Naga at the polling booth. Good luck and good campaign, and I hope that Naga would not be swallowed up be corruption, if and when he enters Raja Gedara (President’s House).
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anonymous / May 27, 2018
Thanks Softy, and what a contrast. You are much more intelligent and softer than most people perceive. I think you are an individual with wisdom and equanimity. Thanks again my friend.
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Sunil / May 28, 2018
Let’s see how many lawyers will come forward and show support for Nagananda Kodituwakkus battle to clean up our legal system? Let’s see how many honest ethical lawyer our country really has.
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Anonymous / May 29, 2018
This is why we need international judges to work on all the criminal cases against the Rajapaksas Criminal Network.
They have corrupt judges, politicians, government officials and police in their pockets.
Now you know why they are not being prosecuted. #INTERPOL
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Amarasiri / May 28, 2018
Nagananda Kodituwakku,
RE: “Contempt Procedures Initiated To Silence Me” Says Nagananda, Appeals To Commonwealth Secretariat For Support
“The letter under reference is self-explanatory and provides an insight into Sri Lanka’s judiciary, which is no more an independent, impartial, honest and competent institution, owing to direct violation of Commonwealth Latimer House Principles by all three organs of the Government of Sri Lanka. “
“As such, the life of the handful of rights activists in the country has become extremely vulnerable to threats, persecution and removal from the legal profession.”
Please keep fighting., take it internationally as you have done and take it to the social media/internet media as well as to the people of Sri Lanka. It is amazing that this is happening in the beginning of the 21st century.
It is about self-interest and hegemony you are fighting against. They do not want exposure.
12th century the Ulema bin Andalusia , Spain, got the ruler to ban and destroy the .philosophical writings of Ibn Rushd,
Ibn Rushd in his darkest hour
https://www.alaraby.co.uk/english/artsandculture/2015/4/9/ibn-rushd-in-his-darkest-hour
A final reason offered was Ibn Rushd’s book The Incoherence of the Incoherence, in which he responded to the fallacies of Abu Hamid al-Ghazali’s The Incoherence of Philosophers. He did this despite knowing Ghazali was the master of the Almohad dynasty who were in power, and believed the earth was located between the horns of a bull.
16th century in Italy, Giordano Bruno was burned and Galileo persecuted for the advancing the Heliocentric model of Copernicus, as it was contrary of the position of the Church.
1633 Galileo is convicted of heresy
https://www.history.com/this-day-in-history/galileo-is-convicted-of-heresy
There are innumerable examples, including the disappearance ad chasing away of several Sri Lankan Journalists.
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Nimal / June 2, 2018
I wish likes of you will band together and form an organization to put the country right and punish the wrong dowers. I am a big investor in this country and regret it very much with all the corruption in almost every where in the country.
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anonymous / May 27, 2018
Best wishes Nagi, we are with you always. “Dammo Hawe Rakkhathi Dammachaaree”.
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Mallaiyuran / May 27, 2018
We yet to have to see honest activism in Nagananda
Nagananda started his Supreme Court activism against CJ, Pantham replaced Mokan Peiris. The only reason Nagananda picked up on CJ Pantham is because he was a Tamil. Nirmalarupan was imprisoned for no apparent reason. He and other prisoners protested in Vavuniya prison for the conditions they were kept. He was transferred to Anuradhapura & tortured until he become unconscious. Then he was tied to the hospital bed until he died, without medical care. His body was refused to relative until TNA took action though Colombo Diplomats. It took almost a week to get the body, who died in the prison hospital. TNA bought a case in Supreme Court for his fundamental right violation. Mokan Peiris verdict was that there is no fundamental right for Tamils. For that all, never a case filed against Nirmalarupan. Naganada’s activism created a suspicion that he was only against UNP firing Mokan Peris, not against procedural firing of CJs. All verdicts give out by Mokan Peiris should have been voided by the government, as its explanation to fire him was he was not a procedurally appointed CJ. Nagananda never asked for that because CJ Pantham was a Tamil and he protested only the removal of Mokan Peiris and appointment of CJ Pantham.
Nagananda did not appeal to international society when Mokan Peiris denied fundamental right to Tamils. Nagananda did not appeal to International Community when Buffoon De Silva dismissed the recommendation given by ICC on the case of Nallaratnam Singarasa, because he was Tamil. Nagananda opposed Jayampathy as he had divided the country by participating in Steering Committee which prepared the draft of Sampanthar’s Secret Solution. Sirimavo has removed the Privy Council’s judgment because of Kodeeswaran case. Nagananda is evading ICC and appealing to Commonwealth because Tamils are waiting the Resolution 30/1 referred to ICC. These are right activists in Lankawe.
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K A Sumanasekera / May 27, 2018
Mally,
Nothing in your brief says Nagananda is in contempt of court.
Your gripe is Nagananda did’t challenge the CJ or SC for treating your brethren badly by the Govt.
Does that warrant contempt charges?.
As I understand Nagananda was not on Baiyyas side when Dr Ranil rolled Rajapaksa.
Will this Petition to our Colonial Masters be a Free Kick to Dr Ranil,
To make way clear for Foreign Judges to watch Dr Rajitha, Field Marshall Ponny and Dr Ranil try our War Heroes for Killing Mr Pirahaparan and his Commanders in Puddithikruppu and Mulivaikal?
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Nativevedda / May 27, 2018
KASmaalam K A Sumanasekera
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Could you translate whatever you have typed above into lucid English, Sinhala or Tamil.
Please note I am not trained to read Esperando, Prakrit, Aramaic, Brahui, Irula, …etc.
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K A Sumanasekera / May 27, 2018
Dear Native,
Don’t you worry mate,
I know you have nothing else to do except responding to Comments and licking Dr Ranil, Sambandan, Suren and Abraham.
Mally will understand…
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Native Vedda / May 28, 2018
KASmaalam K A Sumanasekera
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“I know you have nothing else to do except responding to Comments and licking Dr Ranil, Sambandan, Suren and Abraham.”
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I know you have been too busy all these years carrying Dr Mahind’s b***s now you are expected to carry Dr Gota’s as well.
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Don’t waste your time blabbering in this forum. Get on with both jobs.
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By the way would you like to lick Dr Ranil, Sambandan, Suren and Abraham? In case if you change your mind please contact Ranil and Abraham through Dayasiri who will gladly fix it for you for a small fees.
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Mallaiyuran / May 27, 2018
Sumane,
Is there a way the Lankawe public can pressure the Commonwealth to help Nagananda get out of a “misbehaviour in court” case sitting at the supreme court?
Isn’t, instead of mucleflexing with public support, Nagananda should set example and politely face that case & if he lose, he stays at the Hospital Hotel for few days and fly back to UK?
What do you think going to happen if every Tom, Dick and Harry stand in front the Supreme Court and shout to again popularity and if Court takes action he collects the Public support to bully the justices?
Isn’t that what happened, when a minister was sitting on Navy Helicopter and directing the public to attack Mannar Magistrate Court and the judge never got justice on that becuase he was a Tamil? Is that a way to fix Judicial System?
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Justice and Fairplay / May 29, 2018
What a complicated post by Mr sumanasekera!
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Janaka from Matara / May 31, 2018
K A Sumanasekara;
Is not the question whether or not what NK says is true, more important than all this garbage you have decided to put on display?
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Nimal / June 2, 2018
Killing terrorists and separatists in one thing but robbing the country on absurd projects, commissions on arms procurements is another thing.
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Native Vedda / May 27, 2018
Mallaiyuran
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“Nagananda is evading ICC and appealing to Commonwealth because Tamils are waiting the Resolution 30/1 referred to ICC. These are right activists in Lankawe.”
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What has Nagananda Kodituwakku’s contempt of court got to do with ICC:
Please read the objectives of the ICC which is a special purpose court:
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The International Criminal Court (ICC) investigates and, where warranted, tries individuals charged with the gravest crimes of concern to the international community: genocide, war crimes, crimes against humanity and the crime of aggression.
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Douglas / May 27, 2018
Mallaiyuaran: Hold on please. First “Relax” and dispel that communal cloud. Then study all the cases filed against the Judges of the Supreme Courts, now serving and who served earlier. Then there is another case filed against the Head of the Bribery Commission. You mentioned a few names, such as “Siripavan”; “Mohan Peiris”; . Study carefully what this man Naganada Kodithuwakku has mentioned in the cases against them. I don’t think you will be able to find any of those “Alleged” accusations relate to any one of those high ranking Judges being of “Tamil/Sinhala/Burghur” community. For your information, there is the name of ex CJ Shirani Bandaranayke too , named in one of the cases. Do you know, at one point of time, this man Nagananda defended ex CJ Shirani on that “Verdict” she delivered against the “Divinaguma Bill” on which she was impeached by MR regime. Now, she is cited in a case by Nagananda accusing her. I do not wish to detail out all those cases here in a comment. Aside that, this man Nagananda has started another campaign against the “BAR Association” and wants to set up an “Independent BAR Council” with a brand New Constitution, taking example of Australian BAR Association. That has ANGERED the “Black Coats” “Mafia” very much. Please think of the “Silver Lining” of this “Dark Cloud” that has enveloped Sri Lanka Judiciary. If you give a little of your time to first “Know” what all these cases are, I am certain you will see that “Silver Lining”. But if you still want to look at those from that “Communal Angles” , I have nothing to tell and you are free to ignore my comment.
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Ad / May 27, 2018
This action speaks how much the judiciary and executive is corrupt. UN must refuse visas for politicians and members of the judiciary and the legislature. Suspend all loans and exports from SL. Issue international warrant for the arrest of any suspected of war crimes and tried. Do not place trust in the judicial process in SL.
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Mallaiyuran / May 27, 2018
Nirmalarupan was transferred to Anuradhapura prison, tortured until fall unconscious, then was taken to prison hospital and tied to hospital bed on that condition for three days, so that Rapist Army need not do the final job, but Nirmalarupan will, little by little sucumbe, to the pain. Of cause he died after three days. If I remember well, TNA stood of Niramalarupan was in excellent physical condition even in the prison, and a very very strong young man. The reason was given to his death was heart attack.
TNAlost the case as Mokan Peiris outrightly told, that you friends you have no fundamental rights in this country. I am not with UNP. But Sumanthiran may be with UNP. UNP asked Mokan to resign. He wanted to become ambassador to Italy, or otherwise refused to resign. UNP removed him un-procedurally. If somebody oppose that dismissal and get into Judicial Activism, but standing off that Shiranee’s dismissal was procedural, I may not be able to get along with that.
If Nagananda wants Commonwealth Lawyers and Judges included in the War Crime investigation, that is what Lanakwe agreed on resolution 30/1, I am prepared to listen to his logic, but not contempt of court case.
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Good Sense / May 27, 2018
Naga! The only thing I can offer to people like you is the moral support. Right throughout the history of mankind, speakers of truth got very rough treatment. Galileo was imprisoned for expressing his views on astronomy. Copernicus had to make arrangements to publicize his views after his death. This is the sad history of mankind. There should be an independent judiciary well respected for a country to prosper. But as with all other sectors of the society here, it has got reduced. One of Victor Ivan’s books talks of seeking sexual favors by the legal fraternity from wives of alleged wrong doers to get bail and it is alleged that this practice still prevails. Respect is a thing that one (or an entity) must earn through proper conduct. Provisions for contempt are there as a tool to ward of impediments in exercising judicial duty. It should not be used against whistle blowers. Whistle blowers, in my view, are a national asset and they must be protected. In fact they are the guys and gals who save the society from disaster.
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watcher / May 27, 2018
Possibly the one of the few honest person in SL and we all should support NK since whole SL’s legal system is corrupt and inefficient .
Minorities use this weakness as a racial issue since they know they are dishonest and still pushing race based rubbish..
Privy Council’s judgment and its colonial politics happened due to christian coup that propagated for the Privy Council’s judgment banishment and nothing else. We all know what happened to coup plotters Privy Council’s case.
Still we have a idiot pushing his racism or being retard using something else.
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Percy / May 27, 2018
While Nagananda campaign may have certain elements which justify his activism, much of it is an egoistic pursuit for self glorification. His persistence is however admirable and there are legitimate fears for his Mental well being as the load is too much for a single man to carry and potential for success very meagre.Battles against the establishment has necessarily to be spearheaded by populist support which his campaign sorely lacks.
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K A Sumanasekera / May 27, 2018
Dear Native,
Looks like poor Naga hasn’t got the dosh to hire our gun Lawyers in Hultsdorf.
You think you can put in a word to your mate Abraham, and help Naga to stay away from Dr Ranil’s Yahapalana Jail…
Or is Abraham too busy defending the LTTE supporters in the Homeland
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Native Vedda / May 27, 2018
KASmaalam K A Sumanasekera
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What do you know about religious syncretism in Theravada Buddhism in this island and how other religions were being assimilated into it in the passed 1000 years?
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Please note I don’t want to know about your Abraham, Dr Ranil, Dr Mahinda, Dr Gota and rest of your crap.
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K.Pillai / May 27, 2018
Nagananda’s letter to the Secretary-General of Commonwealth is symbolic.
Successive Secretary-Generals never ever went against a Head of State. For example at 2013CHOGM, several Heads of State took the then GoSL to the cleaners over human rights violation. The then Secretary-General tried his best to smooth the ruffled feathers.
Nagananda needs our support here.
PS: Some commenters in this forum are nit-picking.
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Mallaiyuran / May 27, 2018
When Chandrika’s time, she should have appoint the Tamil as the CJ. Because of legal and political opposition she appointed Buffoon De Silva. He said he excused Old King’s corruptions so that he could become EP. He further punished Chandrika by forcing her leave one year earlier so that Old King can take the EP quickly. Pantham was selected by Ranil to show IC that Tamils are already given equal Chance. This broke the norms that was established that Tamils can be appointed as CJ. Nagananada opposed Ranil on this. If Nagananda wants to bring the customs of no “No Tamils to CJ Chair” he should sacrifice for the Sinhala Mahajan by sitting on UNP’s electric Chair. For all the reading I did on Colombo Media, though I dislike the Pantham, he was the only left CJ Chair without dirtying it in the recent history.
My guess is, unless Nagananda pleaded guilty and ask excuse from Justices, his defense is very weak. He should stop this activism, if he wants Justices believe his guilty plea and let him go, in case he fails on defending him.
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Mallaiyuran / May 27, 2018
There is a court case against Nagananda. If every minister and lawyer starts to gather public support to protest against their cases at the court, the country’s outstanding 850,000 are going to grow to 1,700,000. Nagananda should follow Gandhi’s guidance. He should face the trail decently, and if he is convicted, he should pay the fine and go to precision. He should not play games with Lankawe Judicial system and keep running to UK when he faces problem. Though Nagananda has put this out to public to gain public support, nowhere he has said why the public has to rally behind this. He, with the help of some known names like Ranjan, put out a video hoping him to get the people behind him on this. His case in Supreme Court has only one issue, i.e. a lawyer, who is practicing in two countries, broke the law of one Supreme Court’s established practices. Justices said he was wasting their time and he has to stay out of wasting public money. Apparently just like Nagananda has no reason to seek public support on this, he had no reason to waste the Justices’ time then also.
I think Nagananda has all qualifications to become EP. He should stand in coming election. Once before one Sinhala leader went to UN Human rights committee with stolen records. Lankawe Custom’s officials confronted him at airport. Later he became the most celebrated Dutugamunu of the land. If the name Dutugamunu is taken over, Nagananda still can claim Parakramabahu or something else, if he does the right thing at the right time.
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Thondamany / May 27, 2018
malli-uran @ Mallaiyuran…………. Where does the pig run to ?????????????
Now back again to Nagananda vs Tamils.
Twist & turns leads to Tamils………… never in these columns a straight talk.
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justice / May 27, 2018
The corrupt unjust state propped up by judiciary who were appointed for their favouritism to politicians and not for their legal prowess, wants to ‘hang’ the Rights Activist who is slowly eroding its false image.
This happens in all ‘banana’ republics.
Sri Lanka is a far cry from Ceylon which I knew from childhood.
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Plato. / May 27, 2018
Frankly, I am contemplating writing to the Commonwealth Secretariat that a good many people in this country have CONTEMPT FOR COURT!
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Native Vedda / May 28, 2018
Plato
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You are a traitor.
Are you working for NGO, INGO, Diaspora Tamils, LTTE Diaspora, ………. the West, Tamil Nadu, …..?
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Janaka from Matara / May 27, 2018
NK needs support and bit of guidance from all of us. The other day I saw him dabbling in ways of fixing the economy. May be he is an economic expert too. Howsoever so he may be, his first fight should not astray from being one for cleaning up the judicial system.
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shankar / May 28, 2018
davidvs goliath.Look for the weakest point of goliath and swiftly attack it naga.Defence against goliath is sure defeat.Think whether you have to start a party of your own for example or start a paper of your own where people are allowed to give all their comments to what you write.This should be preferably in sinhalese.Attack is the best form of defence for you.Goliath can be brought down by public opinion provided it is properly harnessed and directed towards goliath.
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laksiri / May 28, 2018
Sri Lanka almost every thinks control by mafia, like legal system and court system and corrupted political culture as well as corrupted legal system.if any one comes against such system, first they all come together to remove that person from the corrupted system. if you like to practice law in the country you must be corrupted attorney like to work with politician and corrupted judiciary system.there is no end game this system, you know that happen to former chief justice ,she was appointed from back door to supreme court keep benereneyeke name and when only one case she wrote again political leader she was kicked out from same door she came using grade 08 level educated politicians to decide her removal hearing. this is the nature look now court now blocking any arrest murders responsible for killing people.
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Nimal / June 3, 2018
There will be a day of reckoning for these rouges.
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