5 December, 2020

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Don’t Play With The Fire – Hands Off The Judges Of The Apex Court

By Nagananda Kodituwakku

Nagananda Kodituwakku

Today, condemning the sham impeachment process adopted by the government, which the members of the bar considered as an insult to the intelligence of the people of this country, brought in to oust the sitting Chief Justice for some charges hither to unproven, made their message loud and clear to the both the ruling party and also to the impotent opposition. The gathering was overwhelming and clearly over 3000 members, surely the largest since the body was formed.

The apex Court has been created under the supreme law for a reason. Under the constitution, the judges belongs to it are required to play the role of the ‘watchdog’ for the citizens of this nation, because in this island nation the sovereignty is in the people and is inalienable and includes powers of government, such as legislative, executive and also the judicial power.

Whenever there is a threat to the people’s sovereign rights and their fundamental freedom there is a great sense of responsibility vested in the judges of the Apex Court to nullify such threats by declaring them manifestly unlawful and no legal effect. This can only be achieved through a strong, independent judiciary and not through an Apex Court with subservient judges who would act according to the whims and fancies of the executive.

This is why the members of the bar made their message loud and clear to the Executive today, setting aside their political affiliations, condemning the entire sham impeachment proceedings altogether, launched to create a spineless panel of judges in the Apex Court. Hopefully the Executive would understand the fundamental mistakes it had committed and would correct themselves in the best interest of the country and the people.

Non aggressive dissent shown against the degrading treatment meted out to the Judiciary by MR regime before the Supreme Court by  Nagananda Kodituwakku – December 4, 2012

*Nagananda Kodituwakku – Attorney at Law & Solicitor

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Latest comments

  • 0
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    Gandhian principles and activism now seem redundant and irrelevant in the Sri Lankan environment and hardly attracts any attention anymore….

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      Dear Lasantha ,

      Please do not undermine this gentleman’s effort, each one of us has a role to play in this decisive , yet deadly confrontation . Mr Nagananda Kodituwakku has chosen Gandhian style which is non violent . i salute you Mr kodituwakku….

      • 0
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        Well said.

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      where are you from Lasantha? Don’t talk rubbish living in your safe environs overseas to talk of Gandhian principles here. I dislike these people who think thwy can pontificate safely from overseas while we face one of the worse forms of state terror that we have ever seen.

      Admire the courage of these lawyers for standing up. You wll certainly not have that same courage.

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        Ainsley says:

        “Admire the courage of these lawyers for standing up. “

        Wouldn’t you admire their courage if they are sitting down?

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          hey NV…just a matter of language! From what I saw on the tv, definitely those lawyers sitting down at the BASL meeting last saturday also ought to be admired! Get my drift?!

    • 0
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      Pls read Broken Palmyrah. The Gandhian way is the only way.

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      Quite right it is Mahinda Rajapakse and his brothers who should be impeached for abuse of power, lies, running a Kangaroo Court in the Diyawenna Parliament and bringing great disrepute to the judiciary, legislature and the sovereign people of Sri Lanka and the institutions that protect democracy.
      Turn the Tables – the judiciary must start an impeachment motion against the executive for abuse of power. corruption and lies..

  • 0
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    Members of the bar made their message loud and clear with a division and fistcuffs and behaving like hooligans.
    .
    Vice president resigns.

    Better get into an aggresive form of meditation.

    • 0
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      In srilanka the Rajapaksas instigate violence where ever they want.

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    Do you think these uncouth,uneducated,uncivilized morons will understand what you and others are saying?.You have to be educated in order to understand what Sovereignty, human rights, rule of law mean.They are a bunch of crooks determined to take SL to the dark ages.

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      uncouth,uneducated,uncivilized morons? … Leon, are you talking about 3000 strong members of legal types?
      These guys with tie and coat have subjected the people of this country to hardships and agony no other institution or personnel had done …including the flamboyant corrupt politicians …
      If you go to a court for even a simple thing like a small land dispute, these tie/coats would drag the poorest of this country into never ending saga … Some die inside courts … Two three decades of court apperences for a small case is very normal in the country and poorest are the worst effected by this as they innocently believe that these tie coat gentlemen are the honest and genuine …
      “Dates” is the sweetest word for this tie/coats … ‘Dates’ means the postpone date and you definitely know the new date is the future postpone date … All these dates are the dates fo sucking blood (money) from these innocent poor people … Working few hours a day (10am to 1pm) with no worthwhile contribution to the economy of this country, these legal types are a curse to this country … Constitution says people are supreme … No, definitely not … These legal types are the SUPREME …
      Real people die in courts … These tie/coats should frame following report and hang on in their offices for their happiness …
      People of this country including the President should be ashamed to have a court system which drag cases for 29 years … These are real problems of people who are supposed tobe supreme under the constitution …

      Island on 08/12/12 reported a case like this …

      “She fought land case for 29 years
      Woman dies in Court
      December 7, 2012, 9:40 pm 

      By Chitra Weerarathne

      A lady who had been litigating in a land dispute for 29 years, collapsed in the Court of Appeal yesterday, while awaiting her case to be called.

      The deceased N. K. Badrawathi (63) of Parakaduwa, Ratnapura had gone through a District Court case in Avissawella for 17 years and had won it. The defendant party had appealed to the Court of Appeal and the appeal had been listed for hearing since 2000.

      While in the court room yesterday, the woman collapsed and she was rushed to hospital by ambulance. She was pronounced dead on admission. Doctors said she had suffered a heart attack.

      Her husband, a retired military officer, D. Dayatillake Fernando, was with her in the Court when she collapsed.”

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    The impeachment procedure initiated after a press conference held by Prof. Gamini Samaranayake condemning the court decision given by the Supreme courts on University selections. Priyantha Premakumara and the UGC officials have told parents went to the UGC to inquire about irregularities on university admissions that they will bring an impeachment against the court decision.

    After that divinaguma bill also came in to picture, UGC officials misguided the politicians and tried to interfere with court decisions. It is not the divinaguma issue which led to the impeachment, UGC used this issue as a vehicle to interfere with the judiciary. Haphazardly they tried to find some accounts and started an impeachment.

    Probably those individuals initiated the process wanted to put the government and trouble deliberately, to cover up their misdeeds. Generally these individuals are not concerned about the consequences such as disruption of the law and all existing social norms.

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    Barbarians at the door,and this is the last chance.The nation salutes the lawyers for the stance taken.The issue is not to protect an individual but the position which is fundamental in a democracy.
    That uncivilised morons have crept in to govern is another matter but civil society which slept for a long time is now awaken to the coming events, a RAJAPAKSE DYNASTIC DICTATORSHIP.This must be stopped.
    Once that is over there should be a duly constituted panel to look into any misdeeds of the current CJ and action taken within the laws of the land.Different people have shown there ANGER in different ways so lets tolerate all that to achieve one goal that is that we need a JUDICIARY NOT PACKED WITH THE LIKES OF SARATH SILVA AND WORSE THAT PIG ASOKA SILVA.
    CAN THE SPEAKER TELL THE NATION HOW MANY OF THE 225 MEN AND WOMEN WHO LIVE IN THE LAP OF LUXURY HAVE DECLARED THEIR ASSETS.

  • 0
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    Can we forget that various unpopular measures taken by the 1970-77 UF Govt. affecting the legal profession was the beginning of the end of that Govt. Will history repeat?

  • 0
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    The ugly attempt to impeach the CJ and the gangster-like procedure adopted for the purpose smacks of sheer vengeance and vendetta. This episode bears similar characteristics to the Fonseka episode. MR thought he can get away with his impeachment pranks as he did with the SF incarceration. Hail to the village-born lady educated at Anuradhapura Central, achieved a very high level of education in jurisporudence, and who secured her postion in the Temple of Justice! Protect our country against fraudulent posers.

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    Lawyers who claim to be ‘professionals’ can no way falls into the level of three wheeler drivers hired to demonstrate a kind of a disgraceful protest campaign against the CJ. They should demonstrate their discipline that they are from different bread and class and people with morality, excellence and insight or else admit that their level of intelligence is in no different to the three wheel drivers. This is the right approach one could adopt a discipline a ruler, with whatever mighty power he may enjoy, to shun rule by deception and to embrace righteousness, moral excellence and wisdom. Remember Mahathma Ghandhi with his unwavering courage, will and commitment made the white rulers to change their approach against the blacks who were denied everything including right to life. I honestly believe President Rajapakse is not that bad and he would listen and would correct himself provided you adopt a right approach that he will understand.

  • 0
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    It is the higher education sector which is most corrupt. There are reports that at least 19 questions in this time O/L science papers have been leaked. To cover up corruption in higher education sector, UGC officials bring impeachment.
    Without revving them government tries to impeach the Supreme Court Judges who try to give independent judgments without any interference. That is the real problem facing future and younger generation in Sri Lanka.
    UGC try to cover up corruption in the higher education sector by interfering and threatening the Judiciary. Government should have removed corrupt officials in the higher education sector in the first place.

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    I think Mr Kodituwakkus efforts are commendable. All of us in our own way have to act to resist the brutal tyranny of this regime. The spiritual aspects too have a part to play. Mahatma was able to bring the colonial power to its knees by non violence. What matters are our sincere intentions to uphold truth and justice.

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    DR Naganadana Kodituiwaku ,,,,peaceful protest or more democracy than BASL resoulation by Wijedasa Rajapakasa to not to Welcome NEW CJ in Court of Law in Sri lanka.Dr Koduituwaku your form of protsted to similar to Gandhiji had ben used for Indepandance of India 1920 to 1948.Gandhiji work for indepandance and unity of incessantly Hindu-Muslim community.But in 1948 5.00 PM he was assiassinated by a Hindu Extrmist.The nation was stunned and saddened at his death.
    ” Pandit Jawaharal Nehur…’LIGHT HAS GONE OUT OF OUR LIFE…yet I am wrong,for the light that shone in this country was no ordinary light…for that light represented the LIVING TRUTH..’
    The serious corruation chargres are against CJ living truth of Her and Husband NOT against PRESENT Govt or Ruling Party headed by Mahinda Rajpakasa,is fundamantally AGIANST INTEREST OF RULE OF LAW OF OUR LAND AND AGAINST PRINCIPLE INTERST OF PUBILC LAW OF JUSTICE.
    I belived your protested must turn into conceration on against Corruaption of CJ and her husband will be follow by Gandhiji path of Justice.Gaidiji had been used such methods for Right part of Natrual Justice as Sathagariya as agianst Couurpation are root cause of Undermine living Truath of Democarcy of Sri Lanka.

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    It is not the impeachment per se that stinks but the allegations, whether duly proven or not. The last cries of the Golden Key depositors of misplacing vital evidence by Court staff and the inaction of the bench adds fuel to the fire.

  • 0
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    Shantha’s opening comment is news to me. Can he say a little more on that press conferance by UGC ?

  • 0
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    Mr. Kodituwakku,

    This is just one example of your commitment to stand up for what you (absolutely rightly) believe is right: rule of law and justice and public funds can’t be allowed to go waste by politicians and officials.

    As a lawyer and a responsible citizen, what you are trying to do can’t be valued at this context.

    I really hope and trust, you’ll have even more courage and will be able to give leadership to likeminded people through your efforts to give a better future for this country.

    Your efforts are especially valuable, as I also trust your are taking to this course of action ( non-violent activism and public interest litigation))as you are keenly aware that there is an increasing gap between the expectations of the informed public for meaningful action (against reducing rule of law, waste of public resources, and centering of power around a few in govt. and in opposition) and the collective role in that regard of traditional institutions such as opposition political parties and the traditional media in our country.

    Would very much like to see more and more individuals and groups seeing your efforts and believe they should take action, however small they may be, as someone wrote, if we hesitate to stand up for what we believe is right, no one else can come and do that for us.

  • 0
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    Nagananda Kodituwakku’s effort is brilliant. Some of the writers above have faulted all lawyers as date eating Arabs. That is not correct. In the profession there are really human lawyers who does lot of free work for the deserving. Therefore all the lawyers must not be treated with the same yard stick. There are people with skeletons in their cupboards in the professions, business circles, Parliament and everywhere.
    Srinath

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      I like your way putting it Srinath … “Date eating Arabs” … But you say not every lawyer is like that …
      I agree … At the same time, I say overwhelming majority of these legal types including lawyers are “date eating Arabs” …
      Talk to anybody in SL who went to courts to settle a dispute … Two three decades of “date eating” is the norm … Money, time and agony they have to putup during these two three decades is unbearable and many die during the time … Even some die inside courts … That is the real situation these poor people are sibjected to by these legal types … System is completely broken …
      Nagananda Kodituwakku – Attorney at Law & Solicitor threatens … “donot play with the fire. Hands off …”
      While the people of the country who are supposed tobe the supreme is going through a hell hole using the legal system managed by these tie/coat/wig guys …
      He says Hands off … Yes, I understand … To continue to suck blood out from the most vulnerable poor people in the country …
      These guys should just learn to have a peaceful meeting first … They are supposed to be the experts in settling dispute of others … But, they are just amateurs of settling problems among themselves … They just fight like they are in a jungle ..
      System is too too politicized and some are going through ego trail … getting ‘pirith nule’ and participating willingly in the political circus … Exactly like, Sarth F … Other of this clan act like FUTA Officials, Devasiri and Monk Dambre Amila … Outsiders like Prof Kumar David thinks that these legal types really smell blood …
      Let them act and think whatever way they want … But, legal system is broken in SL and these legal types should fix the system to benefit the people rather than letting them die in courts …

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    Legal fraternity knows that it is the UGC officials interfered with the Judiciary with the help of handful of politicians to undermine and cover up gross irregularities in University admissions.

    They try to allocate zero percentages for several faculties from several districts for one or the other syllabi. For some faculties none of the students will be admitted out of 145 thousand sat for the examinations. All places preserved for one side. They cannot give a cut off for Z score for zero percentages.

    They do not publish any of these information and they try to threaten the Judiciary, thinking that Judiciary might investigate these gross inequalities. Divinaguma is not a big issue it is the University admissions which the UGC finds it difficult to face the public as they have to one day show the serious inequalities in cut off marks to the public.

    They did not implement the recommendations of the presidential committee appointed after the judgment instead they appointed private committee for admissions. Now they find it impossible to disclose them to the students, they cannot face the Judiciary again.

    Unfortunately, they think they can remove the judges and get away. Every thing the UGC did ended up in failure. Can they succeed in an impeachment process?

    • 0
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      @kanthi S

      Interesting piece of information, and thank you for sharing. Hope you would explain a few point that arise:

      a) “For some faculties none of the students will be admitted out of 145 thousand sat for the examinations. All places preserved for one side. They cannot give a cut off for Z score for zero percentages.”

      If this is the crux of the issue, in a govt. where ministers, officials all follow the directives from the temple trees, backed by vested interests:
      what interest group wants this? is it against Tamil majority districts? then why no one out of 145K students get placements? If govt. leadership plans anything this elaborate, working this out with UGC officials, how can they make money with this plan? By selling these places to those who are ready to pay underhand? and going by their track record, if this didn’t go with UGC as planned, what’s the more likely plan: to blame UGC and two “foot in the mouth” ministers and wash their hands off? or take revenge of CJ and supreme court?

      and
      b) “Divinaguma is not a big issue”: isn’t this the one that after EPF and ETF that has cool cash ( poverty alleviations program compulsory savings) and the top thieves want to have a go at ?

      look forward to hear from you if you are serious about what you wrote.

    • 0
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      Thanks for revealing this information. I always thought that there was something fishy about the Z score. It is so complicated that there is no way for anyone to check what is happening. Easy to tamper with. Maybe they messed it up by trying to rig it, not a genuine mistake. Perhaps you can be a bit more specific as to the basis of discrimination, on ethnic / district lines?

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    Thank you all indeed regarding this discussion. We are also children borne in this country. We performed well in the most competitive advanced level examination. It is not an easy task, we studied for several years.

    Why don’t they give us also a chance for university education? It is very sad that they do not give even a single place in these faculties in our district.

    When the University Grant Commission is not providing us any places after passing with ”A” grades and higher Island ranks than the other students, only place we can go to is the Supreme Courts. When there is no justice only alternative left is to commit suicide. When the UGC intimidate court hearing when they ignore the established method of university admissions, what else the students can do where can we go to seek justice.

    Please don’t interfere and impeach the judiciary. Let the younger generation of this nation have a fair trial. Following web site show some of the very low percentages and naught figures given for number of students taken to the universities.

    We are also children and human beings. It is the Sri Lankan citizens, young souls represented by naught figures.

    http://www.mediafire.com/view/?kk6pbciidylrh#m85ms4m9fnpd0su

    http://www.mediafire.com/view/?kk6pbciidylrh#8b41ios989c4au9

    http://www.mediafire.com/view/?kk6pbciidylrh#qfqu5a2k5di53cc

    http://www.mediafire.com/view/?kk6pbciidylrh#p9hp7p3qtoa2xx4

    Why cannot they implement the existing method used for several decades for university admissions? Students were not informed of this experimental method until one year after the 2011 examinations.

    We still have a legitimate expectation that we will be admitted to the university on the same method students taken in previous years on the basis of merit. UGC has no plan for the next year as well, we were not informed on any thing. Admissions will be arbitrary.

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      @shehani K

      Ok, I had a look at these links. But I’m sorry I can’t get much out of them. Since you seem to be a young student really affected by these issues, could you get these figures and what you are saying above that after getting “A” s with some other selection methods ( Z score) UGC tells you , you are not selected and you know to that specific faculty, no proper selection criteria is placed ( with the information you get outside)

      something along these lines ( much less harmful) happened in 1979 uni. selections , when the HNCE stream was reverted to GCE A/L. Again it was resolved by supreme courts as a fundamental rights case. Pl. go out to the world with your story with facts. There are a lot of people who will support you and give you strength, whom you never knew. Giving up is the last thing you should do and exactly what the govt. higher ups want you to do. Never give up, if you know you are right !!!

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    Impeachment was not a sham. Wijedasa Rajapaksa is playing politics with the Black Coats is leading them by their noses like Nirmal Dewasiri the FUTA President did with the University Professors . The Black Coats of Sri Lanka are unable to take independent decisions. CJ has already accepted defeat. She appears clearly to be guilty of the Charges. It is evident from her behavior.

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    I strongly believe Mr:Nagananda’s was another way of fighting injustice
    in this regard.Indeed it has some impact.Look at the words displayed on
    his chest.It brings shame for any educated person to think that he lacks wisdom.
    Yet,I wonder whether our rulers do!
    Our rulers’ false arrogance has blinded them.Just compare the demeanour of Obama’s with our ruler’s.
    Then you’ll realize how simple he is and also, ours is just a windbag.

  • 0
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    There are gross inequalities in all districts and in most subject streams. For example small numbers of students enter the law faculty arts and finance and management faculties from the old syllabus.

    Old syllabus students discriminated for engineering faculties in many districts. Numbers of new syllabus students enter Medicine agriculture and science faculties are unacceptably law. Z score of 2.1 is a very high average mark obtained by a student from any subject stream. Z score of 2.1 has entered Medical schools every year without having any difficulty for several decades. Last 10 years z score of 2.1 has never been deprived of University education.

    How ever, according to arbitrary method experimented for the first time deprive of University education for the first time in the history. In several districts including Colombo, Gampaha, Jaffna, Kandy, and Mathara Z score around 2.1 is deprived of entering Medical College and from the same district old syllabus students obtain Z-score of low as 1.8 is planned to be absorbed to medical school.

    Island ranks 300 to 500 have been deprived while the opportunity is given to Island ranks 1200 to 1500 to study medicine. University admissions would be grossly unequal and irregular. What’s the point in holding examinations under these circumstances?

    There are major discrepancies in all subject streams and in all districts.

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