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I Stand Here Before You Today Having Been Unjustly Persecuted

I Stand Here Before You Today Having Been Unjustly Persecuted, Vilified And Condemned

By Shirani Bandaranayake

Chief Justice Dr Shirani Bandaranayake

I am the 43rd Chief Justice of the Democratic Socialist Republic of Sri Lanka. As the Chief Justice, I have an obligation and an unwavering duty towards the judges, lawyers and the citizens at large of  my country.

I stand here before you today having been unjustly persecuted, vilified and condemned. The treatment meted out to me in the past few weeks, was an ordeal no citizen let alone the Chief  Justice of the Republic should be subjected to. The 32 years of continuous service at the University of Colombo and the Supreme Court, during my 54 year lifespan, I have rendered in varying capacities  towards my motherland, is rewarded unfortunately, in this unjust manner.

Though I was accused and arbitrarily convicted by the Parliamentary Select Committee, I have been  vindicated in the bastions of the law. I take solace in the fact that, the due process and the rules of natural justice of which I was and continue to be an advocate and a firm believer, have been upheld by the superior courts of this country. The Supreme Court, acknowledged by the Hon. Speaker as having the sole and exclusive jurisdiction in interpreting matters relating to the Constitution, in its  recent interpretation, unequivocally declared that the PSC and its proceedings therein were unconstitutional and illegal. Moreover, a Writ of Certiorari was issued by the Court of Appeal quashing the findings of the PSC. Therefore, the decisions of the PSC are ultra-vires, null and void and have no force or validity in law.

In the circumstances, in my country which is a democracy, where the rule of law is the underlying  m threshold upon which basic liberties exist, I still am the duly appointed legitimate Chief Justice. It is not only the office of Chief Justice, but also the very independence of the judiciary, that has  been usurped. The very tenor of rule of law, natural justice and judicial abeyance has not only been  ousted, but brutally mutilated.

I have suffered because I stood for an independent judiciary and withstood the pressures. It is the  People who are supreme and the Constitution of the Republic recognizes the rule of law and if that  rule of law had prevailed, I would not have been punished unjustly.

The accusations levelled against me are blatant lies. I am totally innocent of all charges and had  there been a semblance of truth in any allegation, I would not have remained even for a moment in  the august office of the Chief Justice. I can stand before you today as the Chief Justice, a citizen and a  human being, purely because of that very innocence.

Since it now appears that there might be violence if I remain in my official residence or my chambers
I am compelled to move out of my official residence and chambers particularly because the violence  is directed at innocent people including judges, lawyers and committed members of the public. The 16 years I have spent in the Supreme Court have been dedicated to uphold the rights of the  people in this country. I have always considered it my solemn duty to protect, to the best of my  ability, the life and liberty of human beings and the rights of children and their education. I have  always acted to that end.

I thank all those who stood with me and the greater cause to fight for the independence of the judiciary.Even though I have not been meted out with justice today; time and nature will justify what I have  done and what I and others who shared my beliefs have stood for. Many will come and many will go. What matters is not the person who is the incumbent custodian of  this position. What matters is the continued existence of an independent judiciary.
Thank you.
Dr. Shirani A. Bandaranayake
The 43rd Chief Justice of the Democratic Socialist Republic of Sri Lanka
15thJanuary 2013

Read the speech in Tamil here

Read the speech in Sinhala here

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Latest comments

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    Madam., as someone who did not do enough to go aginst this corrupt regime., please accept my sincere apologies as fellow countryman.

    It was not Dr. Shirani Bandaranayake that had to face this injustice, its we as a nation was send to the gutter by this unruly and unholy rogue regime.

    Madam, we will have our own day soon and until then take a well earned rest.

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      Sri Lanka stands with her couragous CJ Shirani Banadaranayake. Mohan Pieris should go hang himself in shame on Galle Face Green.

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      Mark my words countrymen.

      The Supreme/Court of Appeal Judges will shamelessly sit with this rogue Mohan Peiris ignoring their own verdict.
      They might even claim that they were misled by Judge so and so.

      There will be a que of lawyers at Mohan Peiris’ chamber wishing him well and also claiming ” I was always with you” or “I was misled by so and so. sorry sir.”

      Life will go on in this beautiful land inhabited by the shittiest people on this planet

      • 0
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        As such has been the history of the country, it happening again cannot be a surprise.

  • 0
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    WE ARE WITH YOU ALWAYS

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    Dear Madam, We salute you for your courage being CJ and stand against those sick MR family. Days are numbered for those who did this not only to you but to the entire country! We will be waiting for the decision of the ALMIGHTY!!! Theruwan Saranai !

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    We feel very sad, Madam. Still we believe that you are the legitimate Cheif Justice of this country. We will stand with you forever on the course that you fighted so far. We believe as you say the justice would be meeted out one day definitely. We are so helpless before the tyranny. We are left out only with a hope that the God that we believe is the only saviour. We pray for you. May God bless you and your family.

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    Madam,

    You did your best, your upheld the law and fought for what is right, but as you can see you were villified by a set of rougues and scoundrels who were not fit to lick your boots, so hold your head high, as principles of natural justice will always prevail, remember what happened to Gadaffi and Hitler, Idi Amin and Mubarak, the days are numbered when the mafia looters will met their wateloo very soon, retribution is slow but sure, hold your peace and carry on the masses are not asses, this country is supposedly boasting of a 90% literacy rate, but what the use, with stupid vermins and goons governing the weak and feeble with iron boots. Whats has happened to buddhism in the land that is so called a buddhist country, shame on all the people who are helpless and saddened on this day when we have uncouth, babarian rulers.

  • 0
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    Prabakaran must be laughing in his grave. What he could not do to Sri Lanka Idi Mahin is doing to the country.

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      You forgot one thing, he was telling the world all the time that whoever in the power not ready to give anything to Tamils and this is the time for Tamils to prove how tamils were/are treated by Sl Govs and people voted for them. praba was a mastermind behind MR’s victory. not people in the south or politicians around MR. Also he was telling one day people in the south and international community will understand and feel the same how each gov (and the people who elected them..people in south always justified and happy whenever tamils got injustice. you ppl supported each gov by the name of ltte and it led to massive killings) treated tamils as second class people. unfortunately he is not in this earth but time for you people to understand and realize what could have happened to innocent tamils. not only praba is laughing but also tamils

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        Spot on…I never liked praba but he all ways right certain extent.

    • 0
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      Are you afraid to make these stupid comments in your own name?

      Get a life and move on.

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    DEAR MADAM,AS A TAMIL MEN OF THIS COUNTRY V HAD EXPERIENCE ABT UNJUSTICE.HOPE U WILL UNDERSTOOD THAT ATLAST NOW.U ARE THE PERSON THAT GAVE A FAVOUR DECISION ON 18TH AMENDMENT.NW V GET THE HARVEST TOO.

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    Hon CJ, it was not a attack directed at you but an attack directed at the rule of law and good governance of this country. Surely in Sri Lanka’s political history, this incident will be recorded as a one of the vital moments in its march in the restoration of true democracy. As you know sometimes we all have to face a bad patch in our life but this issue is bound to end up with a glorious victory to the democracy of this country and you will be duly rewarded for your total commitment and dedication to uphold the rule of law under tremendous pressure.

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    Madam, we are with you. We realize your attempts to rectify a failed State, but unfortunately they have proved to be a futile exercise on account of the abuse of powers by the President with the might of the armed forces. History has shown that those who abuse powers and mislead the people have not survived forever. Gadaffi, Mubarak are some of the instances in point. May God bless you.

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    HONORABLE CHIEF JUSTICE OF DEMOCRATIC, SOCIALIST SRI LANKA.

    WE HAVE RESPECT FOR YOU.
    LEGALLY, STILL YOU ARE THE VERY, CHIEF JUSTICE OF THIS COUNTRY.
    IT IS NOT THAT WE BELIEVE YOU 100 PERCENT AND EACH AND EVERYBODY HAVE /MAKE MISTAKES AND ALL ARE NOT PERFECT IN THERE DEEDS.
    WE BELIEVE,SO DO YOU.
    BUT WE HAVE GRATE RESPECT FOR OUR JUDICIARY, AS IT IS SUPREME AND NO ONE SHOULD BE ABOVE THE LAW ,
    NOT EVEN ANY EXECUTIVE JARAPASSA.

    EVERY BODY’S SINS WILL / MAY FOLLOW THEM.
    TILL THAT WE WAIT AND SEE.
    WISHING YOU,
    THISARANA SARANA WEWA,

    JULAAMPITYE AMARAYA,

    BUDDHIST, SINHELAYEK.

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    We are grateful to her Ladyship for standing resolutely againt the tyranny and injustice of this regime. You stand vindicated by the Supreme Courts and Temples of Justice as well as by all the decent people, the clergy and intellectuals of this country. No doubt the doers of evil and injustice will face their punishment in due course.

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    There are two issues in your case that has dragged the fair name of our CJ’s and the higher courts into the mire. The integrity of the Office of the CJ should be defended. Standing Orders are not the law
    or part of the Constitution. At those times when the Separation of Powers comes into issue in countries adopting the British style of rule, it is generally settled amicably with the legislature and executive yielding.

    But in our case the judiciary, in recent times and in many cases, is formed in controversial circumstances where seniors and the able are ignored for those parachuted from outside, packing political clout, only because they swear to follow that unhealthy practise of “you scratch my back – and I yours”

    You also appear to have got trapped in that carefully planned Family speciality where one is allowed to amass filthy lucre – and therefore expose themselves to vulnerability – in case relationships falter. It is that web that saw that semi-literate “General” in hot waters.
    That is the brief saga of your tasteless Rise and Fall too.

    I recently met a middle-aged lady from a respected family of much ancestral wealth – now in dire straits – thanks to Mr Lalith K/GKCCC. What she tells of you is not good to hear. Worse, she holds you responsible for the grave sins committed to her children and family. She says there was more than hope when another judge handled the case. She tearfully states all went to smoke when the file was grabbed to serve personal interests.

    You have to live with the notoriety you have created. Inspired cry-baby letters structured, poorly, by children did not and will not evoke the expected sympathy. The people are watching.

    Senguttuvan

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      OK, let us say you are rightand go along with you that the lady might have been crooked. Then what about all the Rajapaksha clan who are also crooked, who got all the top jobs associated with the government related businesses like BoC, Sri Lanka Airlines given to the family members, when are they going to declare the way they got these jobs and what there assets were before getting the job, and what they are getting now. Has the President, Mr 10%, Gota, Chamal, Namal ever decared there assets.

      What about the 156 members in the parliament who voted for impeachment, have they declared there assets so that an independent audit could examine and validate them.

      How did Mervyn the Vermyn amassed such a large amount of money to own a brand new luxury Merc and a Luxuray Jaguar XF, from his MPs pay.

      The so called half-literate General is the Hero of Sinhala people. You are not even worthy of holding a candle to him, or even to polich his shoes. He was tretaed with impunity for a small oversight on his part over a contract that was approved by Gota’s organization. So why is it that Gota not being court martialled for the same offence.

      Today Sri Lanka is in a terrible state. People live in fear, nobody wants to say anything in case the friend or the enemy or even the relative could shop them, and would end up ina white van overnight. Nobody trusts another. The fear for Prabhakaran’s bombs has been replaced by fear for fascist thugs sponsored by the politcial organization headed by a dictator. Is this what you call democracy and a Buddhist culture and society.

      Man, if you can’t understand it and differentiate, then you are not living, because you are as good as dead.

    • 0
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      Well said Senguttuvan.
      You have said what ought to be said in plain language without mincing words.
      The people are watching.Indeed.
      But will they act or will the gold fish memory take the better of them is the question.

  • 0
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    Dear Madam CJ ,

    I consider you innocent until proven guilty by law and due process. Rumours, hearsay and innuendo should not be the tools used to prosecute anyone, least of all a CJ . We know quite well how you were persecuted instead of being prosecuted.

    I hope you will continue to fight your case in the Superior Courts and the penultimate court of public opinion. I hope the legal fraternity will not let you fight this battle alone. You have to prove your innocence ultimately to the people and the stage for this are the Superior Courts. You know this better thanI do. It is not you who is on the dock, but justice and the rule of law in this country. You are a small part, though the face, of a much larger issue, on which battle has been joined.

    It is a fire walk for you and your family . I pray you will walk it stoutly and with faith in your own innocence. Sita of Ramayana fame was asked to enter a fire, to prove her chastity by Rama, after he had rescued from the clutches of Ravana. She did it without flinching and the Fire God delivered her fresh as a cucumber, unscathed, to Rama. It is ultimately, your faith in yourself that will vindicate you and the people of this country. We the people are tainted by what is being done to you in our name. You will be fighting to clear our name too.

    With much respect,

    Dr.Rajasingham Narendran

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    Where is Democracy when one section is allowed to protest and the other section is assaulted and hunted.Where is the Rule of Law when partisan liars are made Chief Justice when trials are held behind closed doors without the defendent being heard.Where is the Rue of Law when you are castigated with foul words and denied the chance of defending/? Where is the Rule of Law when the President who is the Chief Executive who is also the President of the Party in power decides to enslave the Judiciary

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    While noting that Mr Senguttuvan above has researched the history of the former chief justice at some length, I still feel that the former chief justice should have been given an opportunity to properly defend herself before being sentenced.

    That should have included a properly constituted panel of judges familiar with the law.

    If local ones could not be trusted due to siding with their chief, then foreign volunteers, like retired judges from Malaysia, Britain, New Zealand and Venezuela could have been recruited. Their credentials would be more acceptable than a select number of local politicians, to all parties with bona fides in the matter.

    For the sake of transparency, all proceedings should have been depicted in the public domain via live television coverage. Then, the decision of guilt or innocence could have been arrived at, in a fair and just manner.

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    Your Ladyship, we are with you. Budusaranai!

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    Madam, it is not your defeat but it’s the whole NATION’S defeat. But let us stand together undivided.

    May the God Lord Bless You and strengthen you more and more.

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    I agree with Mr Lasantha Pethiyagoda that everyone is entitled to a fair chance to defend themselves against charges. When Chief Justice Yapa refused evidence for the defence and then surreptitiously permitted the prosecution that facility, you know it was a Kangaroo
    Court sitting – with hyenas and buffoons in the Committee. One was a street rabble-rouser with questionable qualifications – even to serve as a Peon anywhere. But that is what we have come to.

    You suggest foreign judges here, which is what any civilised society would do during times when the judicial process lends itself to question. But let us remember, when the whole world – including the leading countries in the world and established friends/donors of this country – ask for this facility in which the regime appears to be the wrong-doer in the matter of nearly a quarter
    million innocents who were subject to the most barbarous and hideous treatment where infants, the sick, men, women were held in virtual concentration camps – the establishment insensitively refuses this – to the day. The lady was part of that establishment and was to the refusal of many of those applications coming under HR and War Crimes violations. She finds to her discomfort that old adage if you sleep with dogs you must wake up to ticks all over your body.

    Senguttuvan

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    we salute you madam

    don’t worry we are with you

  • 0
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    In what setting can one see the impeachment and its aftermath? In upheavals and revolutions no two historical parallels are perfectly alike. At times they are organised at others they are spontaneous. The latter seems the case in SL. Trotsky emphasising the need for leadership says in picturesque language, if distress alone can foment a revolution then the world should be in a state of perpetual revolution. In SL economic distress and political resentment have formed a powerful amalgam. An opportunity is going a begging and a leadership to seize it is yet to coalesce.

    In our region we have beliefs reaching beyond rational politics. In Tamil Nadu 1900 years ago,a king lost his life in Madurai through sheer mental anguish. When Kannagi ( Paththini ) established in the king’s court that her husband was wrongfully executed, the king acknowledged his fault and died instantly. His brother a great poet wrote in a renowned classic that the moral law terminates evil governance.

    When a statue was erected for Kannagi, a distinguished invitee who honoured the occasion with his presence was King GAJABAHU from Ceylon. It is in this country that a distinguished lady has stolen the limelight. Resoluteness is what the country is poised to go after.

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    She faltered first with her wrong decisions, then realised and corrected herself, stands strong with her conviction and does not bow down for with defeat. A great example for other people in responsible positions.

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    NO DEED CAN BE GOOD IF THE THOUGHT WAS BAD.
    THE WHOLE WORLD KNOWS THAT THAT YOU WERE PERSECUTED AS YOU DID NOT PLAY BALL.
    SADLY YOU GAVE CLEARANCE TO THE 18TH AMENDMENT AND THAT ITSELF DESTROYED YOU AND THE RASCAL WHO PUSHED YOU TO THE GUILLOTINE IS NOW SERVING AFTER RETIREMENT AFTER HAVING GOT MORE BENEFITS.
    THATS THE WAY WITH SRI LANKA THE MIRACLE OF ASIA
    MAY YOU NOT GO THROUGH SUCH TRAUMA IN ANOTHER ATHMA

  • 0
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    Today MARA brought “Sharia Law” upon you, what Saudis did to our Poor Rizana. While MARA did not protect Rizana, Opposition parties Did not Protect neither you nor we the Citizen. They all let us down.

    Tomorrow there will be another Rizana and Shirani waiting in MARA Dictatorial regime to send to gallows due to Invalid Opposition who live only to receive MARA left over Dog bones.

    But Madam we are there for you and we will not stop until we bring Justice to you.

    WE WILL NOT STOP WITH DICTATOR MARA FAMILY EITHER IN SRI LANKA OR OUTSIDE.

    Until Then May God Bless you and Protect you.

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    Senguttuvan, It is not whether Dr.SB was guilty or not guilty that we are worried about but the timing (‘Divi Neguma’ decision, statement by the JSC, refusal to meet the President etc.) and the way in which the impeachment was carried out.Even I don’t agree with the 18A decision but that is another matter and it is true that it has put the entire country in dire straits.Can you believe that Mr.Aswar is one of the members of the Parliamentary Council set up under 18A.He will approve any name for any position, whether it is suggested by Late Mr.Premadasa or by MR as long as he is made a M.P.(nominated).What a shame that even the few educated people in the Parliament are ready to go along with the President for Minister post and other perks.Many of them contested under UNP ticket and became MPs.Dr.RN it is only one of many incidents that is being carried out by this regime to taint the name of the people of this country both here and abroad mainly in Geneva.

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    A new form of terrorism is now born! Sri Lanka was celebrating the eradication of ‘so called’ terrorists a few years back, at least then we were all distracted with the war and could not put all our effort in ruining the county and pretended that we are fighting against the tigers and labelled them as terrorist, equating them to other terrorist organisations around the world.

    Did you all see the way the ‘so called’ former CJ (she lawfully remains the CJ) was treated today? Shameful! Today most educated people in Sri Lanka may have felt the feeling of discrimination, lack of justice and total lack of fundamental respect for human beings this is what Tamils have been facing as minority for decades!

    From Bandaranayakes to JRs to Premadasas to now Rajapakses it only getting worse as generations come. At least in the past they pretended to respect the constitution and its three organs. Today they pretend these do not exist! What will happen tomorrow?

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    Radish – the less spoken of Azwer, the interpreter and heckler, who brays like an ass in Parliament, the better. His finest contribution for being in Parliament via many parties is to only have introduced kiribath and kavun for the delight of the underfed Parliamentarians in the Menu of the Canteen. What a performance to be remembered for.

    Surely in your book this man does not go as “educated” does he? That will make that other non-performer Mariakade Mowlana “educated” too. In fairness to Molwlana, one must say he does not have a foul mouth and behaves somewhat to average standards.

    Senguttuvan

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    So MARA Finally got Rid of CJ after using her to get throug 18th amendment.This is worse than Saudi Sharia Law.

    MARA Jailed Gen.Sarath Fonseka after using him to win the war.

    MARA used India, US, Norway, EU to win LTTE war saying that he will implement 13th amendment, and now he hoodwinked all of them.Not even Darusman report or LLRC report were ever implemented.

    What is Next MARA have in mind…….now after taking over both Legislature and Judiciary under his (Dictator’s) Executive’s arms.

    What Did all the opposition parties did Until allowing MARA dictator to do whatever he want with his Pariah Brothers to Loot the country’s wealth, made reporters, journalists, and human right activists to disappear in white vans, intimidating, harassing and jailing Nothern tamil brothers and sisters etc…etc..

    Opposition with Ranil betrayed all of us UNP’ers and the citizen for not fighting for their rights.

    MR.RANIL PLEASE LEAVE UNP FOR GOOD WITH RESPECT NOW, BEFORE WE KICK YOU IN SHAME. YOU ARE THE JOHANA IN THE PARTY….PLEASE FOR GOD’S SAKE…LEAVE.

    Basil Just stole 85 Billion Rupees Divineguma Fund. He is planning to recruit over 100,000 party members Just as administrators LEAVE ALONE THE POOR BENEFACTORS OF THE FUND.Fifty percent (50%) of the fund will be spent just to pay salaries of these administrators. WHERE IS THE REST OF THE 85 BILLION FUND GOING TO GO…….OTHER THAN BASIL’S POCKET.

    Seventy percent ( 70%) of the Budget is spent to manitain Rajapakse Government administration and on Security.

    Seveny percent (70) of the Population are malnutrished. In Afganistan it is only (50%) fifty percent.

    Sixty percent (60%) of the people live in cadjan (tin and coconut leaf roofs) houses……similar to VEDDA (Native) community live……60 years after independence.

    THEREFORE SINCE THERE IS NO CONSTITUTION I DON’T SEE ANY REASON FOR OPPOSITION PARTY MP’S TO ATTEND PARLIAMENT.

    IF THE GOVT.CAN RUN THE COUNTRY ALONE….WHY IT NEED AN OPPOSITION. IT’S TIME FOR OPPOSITION TO LEAVE PARLIAMENT AND GET INTO STREET TO PROTEST.

    I HOPE THE JUDICIARY WILL GIVE AN EGG AND TOMATO BUFFET LUNCH FOR THE NEW CJ WELCOME PARTY.

    PLEASE DON’T BE SINHALA PONNAYA AND SHOW YOUR MANHOOD BOTH TO MARA AND NEW CJ.DON’T GET SCARED TO BUFFALO POLICE AND SECURITY DEPT.

    If not in Sri Lanka…..we will definitely get MARA [Edited out] outside.

    WE ARE STILL WITH YOU MADAM CJ SHIRANI BANDARANAYAKE.

    MAY GOD BLESS YOU.

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    So you are squeaky clean and have done nothing wrong.

    Why didn’t you say so in your first salvo, before marching to the Parliament with those Turncoats in Black coats after breaking coconuts.

    Had you listed all the allegations and expained why they are false, with a translation in Sinhala, a lot of average punters like us would have given you a sympathetic hearing.

    But that wasn’t the case.

    All your Black coat buddies and their overseas cheer squad did was to scream that the Umpires are low caste, uneducated crooks and cheats.and they know jackshit about the Law.

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    Dear Madam CJ ,
    I wanted to write some thing different, thus I’m just quoting a small story for you to read and think over.

    “One day a farmer’s bull fell down into a well. The animal cried piteously for hours as the farmer tried to figure out what to do.
    Finally, he decided the animal was old, and the well needed to be covered up anyway; it just wasn’t worth it to retrieve the bull.

    He invited all his neighbors to come over and help him. They all grabbed a shovel and began to shovel dirt into the well. At first, the bull realized what was happening and cried horribly. Then, to everyone’s amazement he quieted down.

    A few shovel loads later, the farmer finally looked down the well. He was astonished at what he saw. With each shovel of dirt that hit his back, the bull was doing something amazing. He would shake it off and take a step up.

    As the farmer’s neighbors continued to shovel dirt on top of the animal, he would shake it off and take a step up. Pretty soon, everyone was amazed as the bull stepped up over the edge of the well and happily trotted off! “

    MORAL :
    Life is going to shovel dirt on us , all kinds of dirt. The trick to getting out of the well is to shake it off and take a step up. Each of our troubles is a steppingstone. We can get out of the deepest wells just by not stopping, never giving up! Shake it off and take a step up.

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      Sri Lal,

      A wonderful story apt for the situation we are in. The moral, a lesson for all of us. Thank you very much.

      Dr. Rajasingham Narendran

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        My pleasure Dr. Rajasingham .

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    Senguttuwan,With regard to Aswar I was only thinking about the quality of the members in the Constitutional Council under 17A and the Parliamentary Council under 18A.

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