28 November, 2020

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Easter Sunday Bombings: Wake Up BASL – A Challenge To The Legal Fraternity

We know that the Bar Association of Sri Lanka (BASL) does not put in demands for the benefit of the Lawyers only. In fact they hardly do that. They mostly speak for the others. That’s in Court and outside through the BASL. This is where they differ from some other professional congregations. They do not object to large numbers joining as Lawyers unlike some others.

Kalinga Indatissa PC – President BASL

During the JVP insurrection in 1989-90 BASL filed thousands of Fundamental Rights applications in Court that were successful.

That’s not all. They have taken up many a public interest litigation for the benefit of the public. BASL went to Rathupaswala when innocent people were shot and killed in cold blood. BASL went to Beruwela and stood by the unarmed people whose houses and the businesses were set fire to. BASL went to mannar when a mass grave was found. They were not scared of the brutal regime that had unleashed the white vans and a killing spree.

It’s resilience was at its peak as they came forward for the protection of the media when they were hounded out. The government became intolerant and sent killer squads on un numbered motor cycles and three wheelers after its President then, Upul Jayasuriya. He was unstoppable.

The only time we heard that the BASL became active in the recent past was when actor turned politician challenged the integrity of the members of the judiciary and the Bar. That was in an era where one of the former Chief Justices publicly apologized to the nation for having sent a man to the kings house instead of sending him to the jail house. Another Chief Justice had informed the President that he would give judgements anyway he wants…..another judge of the Supreme Court was charged with rape.

There is a huge catastrophe that has taken place in the country with nearly 300 dead and an equal number wounded. Entire world has focused its attention on Sri Lanka. Much has been said in the media about the political skullduggery that has been perpetrated by highly placed public officials entrusted with the security of the country, who have neglected or ignored the advance information that was conveyed to them by certain foreign organizations.

There has to be responsibility. They cannot be allowed to get away scot-free. They have to be punished. Surely there must be a law to punish them on their criminal negligence irrespective of their position. I hope the BASL is already on the ball. If not please get moving before the evidence is brushed aside. (By Sanka Jayasekara)

Related posts:

Sri Lanka: 259 Killed And 500 Injured On Easter Sunday Bombing

Easter Sunday Bombing: Questions To Minister Of Defence, Law & Order Of Sri Lanka

A Post Script: Easter Sunday Bombing – More Questions To Minister & Ministry Of Defence, Law & Order

Easter Sunday Carnage & Abdication Of Responsibility By PM & State Minister

“Liar, Liar! Sarong On Fire”: Sri Lankan President & Prime Minister Caught Lying To Cover Their Inaction 

Easter Sunday Bombings: Convene A Parliamentary Select Committee

Exclusive: Sirisena Briefed About Easter Sunday Attacks 10 Days Before: Protects SIS Chief, Lies About IGP And Defence Secretary 

Rajapaksas Know We Are Stupid

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Latest comments

  • 28
    1

    If you know the Law and if you honest why do not you get together to challenge Sirisena.
    If you are really think of our future generation you must now bring Rajapaksa family and Sirisena into justice and incarcerate for life.
    You are the crooks who completely misguided whole mass and put the country in dark now

  • 20
    6

    Can someone enlighten me what BASL did to protect the fundamental rights of tamil security forces, terrorists and civilians during the period 2005 to 2009. There have been many cases of forced confessions, arbitrary arrests, white van abductions during this period.

    • 9
      5

      Sunil, what about the 700 policemen surrendered to the LTTE and massacred by then in cold blood. When a terrorist is arrested he becomes an innocent civilian to you.

      • 3
        1

        LTTE was a freedom Struggle. Homicide bombers and black tigers who did not bit the Cyanide capsule are political prisoners . the other thing is LTTE killed mostly Tamils.

  • 11
    0

    Kalinga Indratissa, we are watching you.

  • 26
    0

    Dear BASL
    .
    The fact is, the President/ Defense minister, having been tipped of by several foreign security agencies, 2 weeks ahead of an impending attack with specifics including names, ID card nos, addresses, etc., our so called president/ Minister of defense conveniently chooses to go on holiday, keeping the information even from the PM.
    .
    Not even a simple warning was sent to the innocent people of Sri Lanka.Because of this grievous unforgivable unacceptable act of negligence, amounting to treason over 250 innocent men, women and children lost their lives and another 500 were injured (some perhaps for life). President and whoever else involved need to pay for this. They need to be punished.
    .
    Thanks to your unique position and mandate, you have the absolute power to handle this situation and bring all those guilty of either neglecting public office or conniving with terrorists, to justice.
    .
    It is a pity that Sri Lankan masses think, decide and act purely on emotion and are totally dis-orientated by the propaganda machine that is in action. The likes of Derana are at it 24/7 and have been busy for the past many years. Derana uses people’s foolish sentiments particularly our narrow minded Sinhalese to precipitate hatred, racial bigotry and dis-unity. They systematically white wash devious criminals who have been the root of most of our problems.
    .
    This makes your task very crucial and absolutely necessary to us as a nation. You can shed light on this heinous crime in legal terms. Then go ahead and start prosecution proceedings. Once the citizens begin to understand the gravity of the charges leveled against those at the top very of the echelon, they will start to support BASL, truth will gain traction and it will bring sanity to a very corrupt and rotten system.
    .
    Only the truth can and will set us free. Use your mandate, don’t neglect it like our president has done. Please come to our rescue at this crucial juncture. Save Sri Lanka from Vultures.

  • 2
    0

    THANK YOU DEAR MEMBERS AND COLLEAGUES

    I take this opportunity to thank all members who responded to the call of BASL to assist in the filing of actions against those responsible for the negligence pertaining to the unfortunate incidents which took place on the 21st of April.

    The following are the types of actions that we intend to file.

    1. Civil Damages for the blatant negligence against the persons responsible.

    2. Criminal Actions based on criminal negligence.

    3. Testamentory actions for those who died.

    4. Applications under the Children and Young persons Ordinance for the care of the children who became destitute.

    5. Fundamental Rights applications for breach of 12 (1).

    6. Writ applications for enforcement of Public Duty.

    We would need senior and junior counsel to support these applications and Attorneys to instruct Counsel.

    Thank you again for the overwhelming response from all our members representing all communities and faith. We salute you for coming forward at this unprecedented moment.

    Please contact the BASL immediately on 0112447134 and contact the CEO and leave the following details;

    1. Full Name

    2. BASL ID No

    3. Address

    4. Contact details

    5. Email address

    6. In which area above you would like to get involved.

    7. In what capacity – E.g. as Counsel or Registered Attorney

    We appeal to all legal firms to come to the forefront and assist us in thos endeavour. This effort is purely to impress upon the State their responsibility and accountability and to ensure that in the future those who are paid by the tax payers of this country do not conduct themselves in such a manner.

    Even those who have contacted me already are kindly required to comply with the above.

    The BASL email address is

    basl.lawnet@gamil.com

    Thank you

    Kalinga Indatissa PC
    President
    Bar Association of Sri Lanka

    • 0
      0

      Well done Mr. Indatissa, your promptness is very encouraging. Proof of the pudding however is in the eating.

      Everyone will be watching ?

  • 2
    0

    THE BASL IS THE 1ST PROFESSIONAL BODY THAT ISSUED A STATEMENT ON THE 22ND OF APRIL ON THE BRUTAL AND UNFORTUNATE INCIDENTS.

    A FEW DAYS AGO WE HAD A PRESS CONFERENCE AND STATED THE STEPS THAT WE INTEND TAKING.

    WE WILL BE FILING ACTIONS BASED ON NEGLIGENCE AND THE BREACH OF PUBLIC TRUST. THE BASL WILL NOT PLAY ANY ROLE WHICH CAN BE USED BY ANY POLITICAL PARTY OR INDIVIDUAL. BUT WE WILL STAND BY THE RIGHTS OF PEOPLE.

    WE ARE IN THE PROCESS OF DRAFTING THE NECESAARY PAPERS AND I AM OVERWHLMED BY THE SUPPIRT OF MOST OF OUR MEMBERS.

    IN THE NEXT FEW DAYS THE COURSE OF ACTION BY THE BASL WOULD BE SEEN.

    • 3
      3

      To the BASL
      High and Low ranking members of yours have lost the trust and efficiency due to your inactions over the years.
      BASL have to take the blame wholly.
      Which comes first in your text books?? The country as a whole to maintain law and order or Protect the crooks and murderers of the country?? who is ready to pay millions of Rupees to cover up their crimes.
      Your members apparently have switched their allegiance to protect the criminals.
      How low can BASL reach to that level??
      The country is in this situation due to BASL’s inaction. Your organisation is incapable to maintain Law but allowed to Fester the situation to this level.
      You people have blood in your hands too.
      Bribery and Corruption is very much evident in every walks of life in SL.
      The LAW of our country had turned their heads the other ways allowing the situation to reach this level. Srilanka is burning is that what we expect from you??
      Accepting Bribery is too in the books of Law??
      Who to take the blame now ? Me and others who voted the inefficient greedy imbeciles to our Parliament over the past 71 years??
      Please atleast wake up and do your job you’re expected to do in this country to all the human beings of this nation, irrespective of their ,language and religion and race. That too says in the Law books and its constitution.
      Thank you BASL , Take action and please be fair now atleast. Catch the REAL CULPRITS , AND NOT THE MESSENGERS ALONE..

    • 0
      2

      “WE WILL BE FILING ACTIONS BASED ON NEGLIGENCE AND THE BREACH OF PUBLIC TRUST. THE BASL WILL NOT PLAY ANY ROLE WHICH CAN BE USED BY ANY POLITICAL PARTY OR INDIVIDUAL. BUT WE WILL STAND BY THE RIGHTS OF PEOPLE.”
      First of all, let me high light your writing skills. Upper case letters are used mainly for ‘Headlines’ and not the ‘Body’.
      Do not utter ‘Bull S**t’. Where were you guys when ‘Jarapassa’, S.N.Silva, Mohan Peris days?

  • 5
    0

    Any action should be against President as commander of armed forces, defence minister and law and order minister

    Hope the political elements in BASL will not try to get points for their masters by politicising the issue and going after others

  • 4
    2

    What happened to the BASL. They earlier did some good work to send all the information overseas and gave good service for every Dollar. But, BASL is not doing that and NGOs were asked to be Agitators.
    I think BASL is aware of that (Chatumharajika Gods).

  • 4
    1

    Sometimes I wondered why Kalinga was so adamant to get this post as President of the BASL. He used Facebook as a major platform for his campaign. He started writing and posting story after story about his heroics as a lawyer at imes even praising his own tail. Then at times he went back to how his humble begins began. Then he got his cronies to write comment after comment praising him. He was an ardent UNP follower. Then he surprised all an jumped on to Mahinda Rajapaksa camp unfortunately months before MR lost. But MR made him a QC as a token for pledging is allegiance. Now let’s see whose apples he gonna polish.

  • 4
    0

    The Bench and Bar were the defenders of the Constitution and the Liberties of the people. That was then,when the quality of the individuals who constituted the Bench and Bar were different from the present lot.
    We do not have to look far.Ex.CJ. Sarath.N.Silva IS THE PERFECT EXAMPLE of every thing that went awry!
    The fact remains that the BASL is also divided on political lines.
    Kalu coat karaya hora is the term now used to describe the Legal fraternity!

  • 0
    0

    {“Easter Sunday Bombings: Wake Up BASL – A Challenge To The Legal Fraternity”}
    BASL is not a troupe of angels ‘in black gowns’.
    Initiate Public Interest Litigation against? For what?
    .
    There is a party trying to make political gains off the tragic 2019 Easter Sunday event.
    CT CT CT: Unwittingly or otherwise you are helping the party in their endeavour.

  • 3
    0

    People owe a deep debt of gratitude to Nagananda Kodituwakku for exposing to the people true state of governance. He has done his duty single handed at his own expense when the so called patriots ,saviours of Buddhism were plundering the hard earned wealth of the nation in broad day light. Conduct of the present Bar Association leaves much to be desired. In the recent past we did not observe it has stood to safeguard the interest of the people but appeared to be hand in glove with the corrupt politicians, and in fact hampering other whistle Blowers in their efforts to usher in an era of Law and order in the country. We the ordinary but concerned citizens of our country have observed the conduct of the law enforcing
    sector of the Govt. did not represent the will of the people, on the contrary aided and abetted the politicians with the ulterior motive to achieve their own personal aspirations. We only hope that truth and justice will prevail in our country without which we will not have an opportunity to live peaceful lives.

  • 2
    0

    At this juncture the BASL and the judicial fraternity should and must take decisive steps to strengthen the the security apparatus of the country. Both these sectors should impartially conduct an investigation of your own and tell the truth to the nation.
    Whoever was responsible ( all the accusing fingers point at one person at the top) behind this carnage should be made to go home.
    Otherwise there won’t be a meaning for lives lost. Hope you would do so.

  • 0
    0

    This is not surprising to me.

    Recently one thing happened to me from a lawyer. The lawyer took additional fees than agreed from me saying he will not be able attend other cases whilst attending my case. Contrary to what he promised the bugger went to other cases not come to my case.

    Also the lawyer made a wrong submission and which I came to know later.

    Also the lawyer refuse payments though bank transfers.

    When I search a forum to complain about the lawyer, I was told to go to BASL and I went there. The lady there was in the phone for 15 minutes and then hang a phone and ask me why I am there. When I said why I came the lady send me to junior officer and that officer told me no need to come there and write my complain and send by post.

    And later I understood that BASL was the entity to serve lawyers interest. And there is no institution to overseee the complain about malpractices of bad lawyers.

    With my experience, I am of the opinion that BASL will not be an asset for public interest litigation. Excepting them to stand for such public interest initiative is just like going to mothers of thieves to see ….

    Our judicial system has major flows and it’s not capable of ensuring the aspirations of justice as long as lawyers malpractices are allowed and accepted by the system.

    Let’s not dream of BASL involvements in public interest matters.

  • 0
    1

    To. File FR cases based on public interest BASL members ask over 2 million rupees fees.

    By asking such a big fees they are blocking and resisting the public interest litigation and being part of the agencies the harm the public interest.

    Shame on the profession.

  • 1
    0

    Anonymous/Sampath
    There are large number of cases that have been filed on public interest, free of charge. Famous waters Edge case – filed and fought free of charge. Case on Lanka Matine services – filed free of charge. Etc.,etc.,…
    When has the BASL fought for their rights of the members? Never
    GMOA and others always fight for their pennies.
    Again Sarath Silva is charged on Contempt Of court.
    Mohan peries …… Rogue Peries would have been still the CJ if not for the role played by the BASL. Thank You BASL for your timely action on that.
    Of course there are huge flaws in the system.
    They too have to be blamed for the lackluster attitude in disciplining their own members. They do it but not aggressive enough.
    There are some very senior lawyers who appear for one party and appear for the opposite party as well. Some of them were named in the papers too. They go scot free.
    Entire profession should not be allowed to be tarnished for the fault of a few.
    Kalinga, pl evolve a system to expedite these inquiries when complaints are made against such errant lawyers.

    • 0
      0

      I am of the opinion that BASL should fight for its members when there is a need.

      With regard to public interest litigation just listing of few cases filed by BASL is not enough.

      If BASL committed to undertake public interest litigation in line with demands of citizens, BASL can introduce a unit for public interest litigation and inviting public to come with their observations that demand public interest litigation. After that BASL can announce how many public interest litigation they filed from the demand.

      Further expecting from afffected litigants like myself to come to BASL and complain about malpractice and negligent practices of their own members is also exposes inherent Likelihood of conflict of interest within.

      I am eagerly waiting to see what kind of reform Kalinga going to do and I am of the opinion that there should be an independent unit that deal with lawyers malpractice complains and ensuring litigants rights are protected and justice being served.

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