27 October, 2020

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Denying Visas To International Bar Delegation: Foreign Ministry Acting With Miscomprehension Of Facts – Bar Association

It appears that the Ministry of External Affairs is acting with miscomprehension of facts on the grant of visas which is a matter within the Controller of Immigration and not the Ministry of External Affairs, says the Bar Association of Sr Lanka.

BASL President, Upul Jayasuriya

BASL President, Upul Jayasuriya

Issuing a statement contradicting the communique issued by the Ministry of External Affairs regarding the cancellation of visas of the International Bar Association’s high-level delegation to Sri Lanka, president of the Bar Association of Sr Lanka Upul Jayasuriya said; “We have not requested for any assistance from the Ministry either in the form of logistics or accommodation. We have made all arrangements to go ahead with the seminar at a time the topic of discussion is most relevant to  Sri Lanka.”

We publish below the statement in full;

The Bar Association of Sr Lanka in collaboration with the International Bar Association (IBL), of which the BASL is a member was organizing a seminar on  “Commonwealth Values and the Role of the Legal Profession” to be held on the 13th of November 2013 at the “Grand Monarch” at Thalawathugoda.

This seminar was to be addressed by Ms. Gabriela Knaul UN Special Rapporteur for Judges and Lawyers, the first ever UN Special Rapporteur for Judges and Lawyers Dato Param Kumaraswamy, and a senior representative of the IBA, Alex Wilks. Their visa’s were applied for by letter dated 17 August 2013 by the Secretary, Bar Association of Sri Lanka along with a visa for Mr. Sadakat Kadri. The first three visas were issued whereas Mr. Sadakat Kadri was refused his visa. Visa’s that were issued bear the following ETA Nos.

130826PG1218467 – 130826PM1504191- Gabriela Knaul

130826PG1218467 – 130826PM1504192- Paramasothi Cumaraswamy

130826PG1218467 – 130826PM1504189 – Alexander Jeffrey Wilks

All these three Visas were granted on the basis of travel purpose as, CONFERENCE, WORKSHOPS AND SEMINARS. At no stage has the Bar Association of Sri Lanka been written to by the Department of Immigration or any other agency of the Government relating to any prior approval for the purpose of holding “special procedures” applicable for the holding of Seminars with the participation of foreign dignitaries.

It appears that the Ministry of External Affairs is acting with miscomprehension of facts on the grant of visas which is a matter within the Controller of Immigration and not the Ministry of External Affairs. As per the communique issued by the Ministry of External Affairs, It appears that the Ministry is unaware that the three visas have been granted.

We have not requested for any assistance from the Ministry either in the form of logistics or accommodation. We have made all arrangements to go ahead with the seminar at a time the topic of discussion is most relevant to  Sri Lanka.

We considered it our duty to make the voice of the legal profession heard at a time when Sri Lanka is taking over the Chair-in-office of the coveted Commonwealth Organisation, which has now being thwarted with the cancellation of the valid visas that have been issued to them by the Controller of Immigration.

Upul Jayasuriya

President

BASL

Related posts;

Invitation By BASL & IBAHRI: Making Commonwealth Values A Reality

Sri Lanka Denies Entry To International Bar Delegation For The Second Time, Ahead Of CHOGM

Govt Denies IBAHRI Claim, Delegation Says Is Being Prevented From Entering Lanka

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Latest comments

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    GL, now it is open for you to counter these facts presented with solid evidence, without insulting the intelligence of the learned community.

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      Sri Lanka has no constitution anymore. No Institutions. And no laws.

      What, “Mr. I know everything” Gota fancies is the law.

      G L Pieris has no say in such important matters. He is just a useful tool.

      Truly a Banana Republic!

      Cheers!

  • 0
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    GLP seems afflicted with CHOGM fever and is unable mentally to cope with the influx of foreign personnel. The event is fraught with danger for the regime which is now in panic mode. We citizens have to sit back and watch the fireworks.

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    There is no “team” as such that can put a break on the Authoritarian
    manner of Governance in SL except the Legal Profession and its Associations, if they dare to act on behalf of its own citizens at large.
    The counter-action on the part of the BASL is lukewarm thus far?

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      PUNCHINILAME,DON’T CUSS OUT THE POOR BASL TOO MUCH BEFORE READING THIS:

      WITH THE CLASH BETWEEN ARGENTINA AND GABRIELA KNAUL STILL A BURNING ISSUE IT’S AMAZING THAT BAL SECY UPUL JAYASURIYA EVEN HAD THE FAINTEST HOPE THAT KNAUL WOULD BE ALLOWED TO COME HERE FORM SUCH A CONFERENCE … AND ONE COINCIDING WITH THE PRESENCE OF THE ENTIRE COMMONWEALTH LEADERSHIP AT THAT,

      HERE’ A REPORT THAT WILL HELP READERS NOT IN THE KNOW TO GET AN IDEA OF WHY THE VISAS ISSUED BY IMMIGRATION WERE CANCELLED BY THE FM.IT’S ALMOST A REPLAY PF WHAT OBTAINS IN SRI LANKA IN RELATION TO THE JUDICIARY AND STATE MANIPULATIONS.

      Wednesday, May 1st 2013 – 06:14 UTC
      Argentina openly clashes with UN over the judicial reform; calls Rapporteur ‘ignorant’
      Argentina expressed on Tuesday its “discomfort” over the “unheard of” attitude displayed by the UN Special Rapporteur, Gabriela Knaul, who urged the Cristina Fernández administration to reconsider the Council of Magistrates reform and injunction regulation bills.
      Ms Knaul, urged the review of the bills on the Magistrates Council reform and ruling of the cautionary measures
      Ms Knaul, urged the review of the bills on the Magistrates Council reform and ruling of the cautionary measures

      The UN Special Rapporteur on the Independence of Judges and Lawyers, Gabriela Knaul, urged the Argentine Government to review the bills on the Magistrates Council reform and ruling of the cautionary measures, approved by the Lower House last week.
      Knaul classified “selection of Magistrates Council members via political parties” and “limits to the cautionary measures” as bills that “contradict with the International Covenant on Civil and Political Rights (ICCPR).”[ SIMILAR TO THE PRACTICE IN LANKA AND THE ENTIRE THING COULD READ AS A CARBON COPY OF THE EXPERIENCE IN SRI LANKA]
      “The State has the responsibility to ensure the independence of the judiciary by respecting its laws and international standards,” stressed the Special Rapporteur on the independence of judges and lawyers.
      “By providing the opportunity for political parties to propose and organize the election of the directors, the independence of the Magistrates Council is put at risk, which seriously compromises the principles of separation of powers and independence of the judiciary, which are fundamental elements of any democracy and any rule of law,” Ms. Knaul said.
      “The provision on partisan election of members of the Magistrates Council is contrary to Article 14 of the International Covenant on Civil and Political Rights and the Basic Principles on the Independence of the judiciary,” Ms. Knaul said.
      The draft law also modifies the requirements to be a candidate to become a member of the Council, and reduces the majorities required for the adoption of relevant decisions, including for the removal of judges, with no possibility of appeal.
      “I call on Argentina to establish clear procedures and objective criteria for the dismissal and punishment of judges, and to ensure an effective process through which judges can challenge those decisions in order to safeguard judicial independence,” said the Special Rapporteur.
      The Argentine government insisted in its reply that the UN Rapporteur with its release, before receiving Argentina’s reply on her requests “turned the UN into prosecutor, magistrate and executioner of a member country”.
      The Foreign ministry release says that the Argentine representation before the international organization in Geneva held a meeting with Jane Connors, head of the Special Procedures Division from the High Commissioner Office for Human Rights “to express its displeasure with the misconduct of the Rapporteur lease” and then states that “the same concern with the improper conduct of the Rapporteur is shared by the High Commissioner’s Office”.
      Finally Argentina states that the Rapporteur expresses “ignorance or political partisanship on recommending a participative and inclusive dialogue with the society and juridical community”, because there was feedback from civil society which “proposed and obtained several changes incorporated to the bills in discussion”.
      But the judiciary reform which is already partly promulgated in the midst of great controversy in the Argentine Congress, and despite the attack on the US Rapporteur, has been questioned by most of the opposition political arch, magistrates and lawyers groupings plus national and international organizations.
      On Tuesday a decree promulgated the law that controls injunctions against the state following last week’s session at the Lower House when the bill was passed amid strong tensions between ruling party and opposition lawmakers.
      The 456/2013 decree was published at the official gazette promulgating the controversial law, part of the six-bill package submitted to Congress by President Cristina Fernández with the purpose of “democratization” Argentina’s judiciary system.

      SUGGESTED STORIES

      Nov 09th 2013
      The initiative is headed by Gramercy from the Bondholder Exchange Group
      Group of Argentine bondholders plan ‘private debt swap’ to holdouts
      Nov 09th 2013
      However the president is banned flying, initially, for another 30 days
      On Monday Cristina Fernandez will know when she can resume duties and at what rhythm
      Nov 09th 2013
      Managing director Lagarde must report to the Fund’s executive board by next Wednesday on Argentina’s progress
      IMF holding constructive talks with Argentina on inflation and GDP data
      Nov 08th 2013
      The Argentine president is apparently recovering faster than expected according to her ministers
      Mercosur cancels summit until end of January waiting for Cristina Fernandez
      Published in: Politics, Argentina, International, Latin America.
      Tags: Argentina, Argentina judicial reform, Gabriela Knaul, Hector Timerman, International Covenant on Civil and Political Rights (ICCPR), Jane Connors, Magistrates Council reform, Special Procedures Division from the High Commissioner Office for Human Rights, UN Special Rapporteur.

      [END OF ARTICLE]

      ONE COMMENT TO THIS REPORT WAS THAT ARGENTINA WAS A DEMOCRACY, IS NOW A FAILED PATHETIC SHAM OF A DEMOCRACY BECAUSE ANY OPPOSITION TO THE GOVERNMENT HOWEVER LEGITIMATE IS RUTHLESSLY ELIMINATED AND THE GOVERNMENT WILL NOT TALK.

  • 0
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    There is no way that Citizens can sit back and watch. Before the danger comes to their own door step they should launch a collective campaign against the Rajapakse Company (Unlimited) that abuse the wealth of the country for their private benefit.

    Local media is speechless under tremendous pressure and all Lankans are pleading the international community to apply pressure against the Rajapakse Company (Unlimited) and bring those who are collectively responsible for failing the nation before a international tribunal.

    • 0
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      keep on dreaming!

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        Chandima

        “keep on dreaming!”

        Was it an advice?

        or Meant as a one-liner joke?

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        SO, WHAT’ WRONG WITH DREAMING ..AND DREAMING BIG ?

        NEVER HEARD OF DREAMS BECOMING REALITY ?

        THEY EVEN LAUGHED AT THE US FOR DREAMING OF GOING TO THE MOON. TODAY THEY’VE GONE A HUNDRED [?] MOONS’ DISTANCE AWAY?
        KNOW WHAT GOETHE SAID ABOUT ‘IMAGINATION” ? NO ?

        WHAT A PITY! IT’S GOT MAGIC IN IT. IT CREATES , IT OPENS DOORS WHERE THERE ARE ONLY WALLS, IT GIVES LIFE WHERE THERE’S DEATH.

        SO LET US IMAGINE, DREAM AND HAVE OUR VISIONS.

        THEY DO COME TRUE YOU KNOW !

        OR ARE YOU TOO SHIT SCARED TO EVEN PONDER THE POSSIBILITY.

        FOR THE BLACKS,FREEDOM CAME TO FRUITION ALTHOUGH MARTIN LUTHER HAD NOTHING ELSE TO GO ON BUT A DREAM. A DREAM. THAT’S ALL HE HAD TO GIVE THEM. CHURCHILL HAD A DREAM AND TOLD ENGLAND’S MEN WHO WERE COWERING IN FEAR IN THE AIR SHELTERS THAT ” ALL I CAN GIVE IS MY BLOOD, SWEAT AND TEARS. WHAT WILL YOU GIVE TO SAVE ENGLAND?” HIS DREAM TRIGGERED MONUMENTAL SUPPORT THAT MOVED IN TO CRUSH HITLER’S ARMIESS INTO PULP!

        A DREAM. WHEN YOU CANNOT DREAM …AND DREAM BIG, IT’S TIME TO DIE.

  • 0
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    Comparing the two statements (that of the Ministry of External Affairs & the BASL) it is evident that the Ministry of External Affairs has tried to hood wink the general public in making us to believe that all “logistic and security” arrangements to any of the seminars or conferences held in Sri Lanka are matters coming within their per-view. If,as the Ministry says that “no other public events are permitted to be held during the CHOGM”, why instructions were not issued to other Govt. Ministries and Agencies with to refrain from granting permission for such events. This include the Police, Emigration & Immigration, the Managements of Private and Govt. Conference venues etc. Also this Ministry should have made public announcements via the media (both print and electronic) well in advance of such prohibitions, so that all concerned would be well aware of the situation before anyone decides to hold such events. The issuance of visa to three invitees of the BASL has been done being well informed of and aware of the purpose of the visit. That itself goes to prove the absence of such “prohibitions” from the Government.

    So, in the light of the above facts, I would request you (The Minister of External Affairs) not to “assess” the general public of Sri Lanka to be comprised of “dummies” like you. We are well aware of your “stunts” and your well displayed incapacity to play a well planed “Affair” in any Government capacity.

  • 0
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    what is the political affiliation of these International Lawyers ?

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      You speak as if there is a political affiliation all these international subscribe to; you must realize that there will be many different political viewpoints in such a diverse group.

  • 0
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    No every cats and dogs let be in!!

    • 0
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      DON’T TELL ME THE RATS ARE ALREADY PISSING IN THEIR PANTS ?

  • 0
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    Affiliation is Bar Association is a member of International Bar Association. All bar associations all over the world are members of IBA. More than 800 members of IBA are holding key national and international positions that inflence the world politics world over.

    • 0
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      There should be other affiliations.

      You need to understand the other implications and ramifications of all these international organizations when they try to interfere in sovereign countries.

      You need to explain what this Bar Association is after ?

      Whose behind, I have a hunch.

  • 0
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    It is abundantly clear that cheap Prof GLP had insulted the people with his false and unfounded statements made to the media on the matter.

    Yet, crux of the issue is impotent Bar Association inly capable of issuing public statements. It headed by Upul Jayasooriya will never be pardened by the people for its shameless surrender to President Rajapakse under pressure. At least now it should admits its monumental failure in its powerless campaign against the undermining of the Judiciary by MR and MP, the pseudo Cheap Justice appointed unlawfully.

    Had they launched a firm and unwavering campaign against the removal of the CJ with total stoppage of work, ( like in Pakistan where Gen Musharaf had to recall and instal the ousted CJ Chaudhry ) Presidend Rajapakse would have no other option but to restore the CJ Bandaranayake unlawfully removed from the office.

    Truth is that these ‘blood suckers of the helpless litigants’ had no genuine interest to restore rule of law in this country. When they realised that stoppage of work for a prolonged period would be a threat to their private interests, they simply abandoned the Lady CJ altogether, betraying their constitutional oath taken before the Supreme Court to uphold the rule of law.

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      Deshabandu,
      It only your ignorance! He knows well,though he stage a drama initially in support of ex CJ to save himself, that the whole process was well established and well inline with the constitution. If it is not so, put aside struggles,why can’t they or ousted CJ file a case based on the grounds they talk about? Either party has never tried this option other than beating around. Why is that? Do u think that BASL President and ex CJ are also ignorant, though they tried to play a different game, on this issue like you!

  • 0
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    Upul.J, leave the foreign policy to the GOSL……….

    Quote” what is the political affiliation of these International Lawyers ?”
    Affiliation to whom & What is the agenda or I mean the hidden agenda?

  • 0
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    Chandima,

    Thank you very much I for presenting your view about the issue raised by me. I am not sure whether you attended the general meeting organized at the court complex compound in December last year against the govt’s unlawful move to oust the de jure CJ, where it was very clearly mentioned by the membership that the BASL should take a decisive measure to prevent Rajapakse from abusing his authority to remove the CJ by unlawful means.

    What was the response from the BASL. Despite the Judicial services officers association, that compromised judges of the MCs and DCs, clearly issued a statement that they would standby any decision taken by the BASL, it simply declared two days token strike, which was warmly welcomed by President Rajapakse.

    CJ was unlawfully removed and, BASL, which talked much about the independence judiciary, rule of Law and willful undermining of the Judiciary by MR regime, simply abdicate its responsibility not only to the membership but to the whole nation. Please remember that people won’t take notice of any futile cosmetic steps the BASL taken there after.

    Learned people of this county know how a identical issue was addressed by the Bar in Pakistan when general Musharraf unlawfully removed the CJ Chaudhry. They declared immediate stoppage of work until the CJ Was recalled and restored. They apply the only language the dictators understand.

    What would have been the situation iIF the BASL listened to the membership, may be in the minority at that time, and adopted the same approach. And what option would have been available to President MR in a such a situation. There is no way MR can rule the nation without a functioning judiciary. Llike Musharraf, MR too would have been forced to recall the CJ Shirani B, with due respect to the high office of the CJ she still holds.

    Learned People of this country know that MR and his Judiciary, under the subservient De facto CJ MP, would take no notice of any other measures that BASL would take. They are prudent enough to understand that such measures are nothing more than just a waste of time.

    My point is that whatever the steps that BASL now takes is simply an attempt to insult the intelligence of the people of this country.

    Your views on this point is most welcome.

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      Low is blind. Because of that Law should not have absolute authority every time.

      Ex-CJ had some garbage in her closet.

    • 0
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      Deshabandu,every right thinking person will readily agree, as well as applaud, the obviously sincere and deep concern you have for the need for our judiciary to be accorded treatment consonant with its right to command the respect and honour that are its basic right.

      It has to the contrary been debased beyond measure, made a mockery of by the executive,legislature and the tame organs of the media.It’s been a gross and ugly rape of the institution that is the underpinning of law and order, of justice and recompense for the people who flee to its hallowed precincts for redress.

      The executive, legislature and the kept and cowed media deem it their prerogative to reduce it to an object of nationwide abuse.

      The CHIEF ECECUTIVE, legislature and sections of the media which aided and abetted in the vile public vilification of court and the CJ have thereby rendered themselves guilty of the basest form of contempt of court, contempt for the constitution and the ugliest ever form of character assassination.

      CONSIDERING THE IMPUNITY WITH WHICH JOURNALISTS HAVE BEEN MURDERED AND OTHERWISE DONE AWAY WITH, IT IS, I SUPPOSE, UNDERSTANDABLE THAT THE BASL HAS BEEN OVERCAUTIOUS.

      BUT THAT APPROACH HAS ONLY HELPED STRENGTHEN THE HANDS OF EVIL, MADE A GLOBAL MOCKERY OF THE JUDICIARY, AND MADE ITS PRACTITIONERS A LAUGHING STOCK.

      THAT , BY ANY STANDARDS, IS UNTENABLE.

      THOUGH ONE MIGHT BE DISPOSED TOWARDS BEING UNDERSTANDING AND MORALLY GENEROUS TO THE BASL, IT DOES NOT DETRACT FROM THE FACT THAT THIS BODY HAS RENEGED ON ITS MANDATE.THAT CAN ONLY BE ACCOMMODATED TO A POINT. BEYOND THAT IT TENDS TO BE DANGEROUSLY COUNTER-PRODUCTIVE.

      WHEN IT BECOMES PAINFULLY OBVIOUS THAT THE SITUATION DEMANDS POSITIVE ACTION THEN THOSE ON WHOM HISTORY PLACES THE MANTLE OF DELIVERANCE NEED TO STAND UP AND BE COUNTED.

      THE COURT IS THE PEOPLES’ INSTITUTION.THEY ARE THE KINGDOM OF THE JUDICIARY.

      THE COURT DETERMINES WHAT RIGHT, CONSCIENTIOUS, LEGAL GOVERNANCE IS.
      THE COURT IS ‘IN SESSION’ WHERE ITS PRACTITIONERS ARE. ABUSE IN OR OUT OF THE PRECINCTS OF A BUILDING OR DEFINED PREMISES IS OF EQUAL GRAVITY AND MAGNITUDE AND ARE HENCE IN SERIOUS CONTEMPT,

      THE JUDICIARY NEEDS TO PROVE ITS METTLE.

      IF THE EXECUTIVE AND LEGISLATURE EXERCISE THEIR POWERS IN A MANNER THAT PROVES THEY ARE IN CONTEMPT AND HAVE VIOLATED THE SPIRIT OF THE LAW, THEY HAVE THEN CRIMINALISED THE OFFICE OF EXECUTIVE AND TURNED THE LEGISLATURE INTO AN EXTENSION OF THE EXECUTIVE ARMS OF CONTEMPT AND VIOLATION.

      THE MEMBERS OF THE JUDICIARY,,AND THAT INCLUDES THE BASL BY EXTENSION, HAVE SO FAR ALLOWED THEMSELVES TO BE SHAMELESSLY BROW-BEATEN INTO SERVILE SUBMISSION.

      THEY HAVE TAMELY PERMITTED THE EXECUTIVE TO MANIPULATE THE JUDICIARY WITH THE OBJECTIVE OF ABUSING THE TENETS OF DEMOCRACY TO FOIST A MURDEROUS, RAPACIOUS DICTATORSHIP UPON THE PEOPLE.

      TODAY, BY RENEGING ON YOUR OBLIGATIONS, BY SACRIFICING YOUR HONOUR, YOU HAVE INADVERTENTLY, BUT NONETHELESS EFFECTIVELY, HELPED BIRTH A VILE MONSTER WHO USES POWER TO SUPPRESS, ELIMINATE, KILL, MAIM, AND GENERALLY BLUDGEON SOCIETY INTO A DEATH-LIKE SERVILITY THAT ALSO HAS THE BASL IN ITS GRIP.

      FUTURE GENERATIONS AND THE LIVING GENERATION CAN BE GIVEN CHOICES:

      A. TO SUFFER AN ANARCHIST STATE

      B. TO BREATHE IN THE AIR OF TRUE FREEDOM AND DIGNITY.THE STAND OF THE JUDICIARY TO DATE HAS BEEN UTTERLY DEMORALISING AND ITS MEME HAS PLUNGED THE PEOPLE INTO TOTAL DESPAIR.

      YOU, THE JUDICIARY, ARE NOW IN THE PEOPLE’S DOCK

      YOU ARE BEING JUDGED.

      YOUR DEFENSE IS PATHETIC.

      THE WORLD IS SADDENED BEYOND COMPARE.

      IN THE FILM OF NEVILLE SHUTE’S BOOK ” ON THE BEACH” THE ANTI-CLIMAX
      ENDED WITH THE FAMOUS QUOTE “THIS IS HOW THE WORLD ENDS, NOT WITH A BANG BUT A WHIMPER”

      IT’S MORE THAN PATHETIC. THERE’S A WHIMPER IN THE AIR, “RAMA CRYING FOR HER CHILDREN, FOR THEY WERE NOT”

      WHO WILL PULL AWAY THE SHROUD OF BLACK THAT’S BEEN WRAPPED ROUND THE JUDICIARY ?

      SO FAR WE HEAR JUST A WHIMPER…WE HEAR RAMA CRYING..

      AND WE HEAR THE GARRULOUS, VULGAR LAUGHTER OF THE OPPRESSORS/

      SRI LANKA, VERILY THEN A LAND LIKE NO OTHER.

  • 0
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    Desshabandu’s analysis seems to be clear and unambiguous.

    On this important issue We would like to here from Upul Jayasooriya not from his proxies.

  • 0
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    People not worried about the lapses on the part of the Lady CJ during her period as the CJ.

    Peoples main concern is the absolute failure on the part of the BASL and the Official Bar headed by the AG, (on paper committed to uphold the rule of law but does completely the opposite) to stop the blatant abuse of Office by the Executive President, Rajapakse.

  • 0
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    Educate Magistrate about Environmental law.

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      Yes Fedrick 25% cancer hospital patients had lived around the illegal garages more than 10 years. Cancer, headache, skin diseases and disable kids, hearing defects and many more non-curable diseases are happening due to these garages. But many Magistrates are protecting them for money, sex and other influences. If you do not have CEA approval and 40 perches and access road around 20 feet and safe zone you can not operate spray paintings/tinkering/welding garages in residential areas. These garage owners scare the residents and take forcibly letters and some give money and take letters and some are taking letters from relatives living around these illegal garages. Therefore police can not do anything and some police officers take money and protect these garages. Mount Lavinia police station is very famous for protecting these garages. Three Wheels and old vehicles are the main customers of these garages. Most of these garages are place for crime, drug and breaking the robbed vehicles. Many robbed three wheels are reassemble in these garages. Piliyandala Police station is directly protecting many of these garages. Where is law and order?

  • 0
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    Every land is a land like no other. I am sick of hearing “My country is the best”

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