1 October, 2020

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If We Really Care About The Rule Of Law, Let The Child Live

By Sujata Gamage –

Dr. Sujata Gamage

Yesterday, the chief justice was impeached through a process that was a sham. I say it is a sham not because I am a legal expert. I say it is a sham because the process looked petty and vengeful to any ordinary person who is not on the pay of the government. An event the day before, where I was verbally abused and physically threatened by government goons for wanting to attend an opposition rally for the purpose,  personified to me the pettiness and vengeance of the accusers in no small measure.

There are two options open to the opposition – constitutional crisis or temporary set back.

Going to back to a balmy evening in Peradeniya open air theatre when Henry Jayasena opened the world of Bertolt Brecht to us through Grusha in the Caucasian Chalk Circle or our own ‘Hunu Wataye Kathave’, I would say, let  us go for a temporary set back and let the child live. The child is the rule of law. Grusha is those who care about the rule of law. We all know who the ugly duchess is.

To men in the audience on that night in seventies in Peradeniya,  Asadak was the hero I am sure. As manly and lovable Asadak was, Grusha personified by Manel Jayasena stole the hearts of the women in the audience.   When it came time to put the love of the child to the test, Grusha could not bring her herself to get into a contest where the child would have been harmed, proving that she was truly the mother at heart.

I know people who know better have called for a boycott of the new order which is to be established, but, where will that lead us? Will the UNP, the only viable opposition, give the leadership or will Mr. Ranil Wickramasinghe end the show with a private tea party at the Temple trees?

For a moment if I imagined myself to be Shiranee Bandaranayake, what I will do? I will sit up all night, drafting a message from the heart. It will say that the process was not fair, but institutions are more important than individuals. I will implore all who were with me to conserve their strength to continue the pressure on the government to behave. Most of my statement will be dedicated to the incoming chief justice. The message has to be in parables.

A colleague of mine recently told me about this folklore of ‘Gal Pererthayas’. These are pathetic life forms that are forced to spend their afterlife under the surface suffering each time the living walked above. They were monks, officials and others who were entrusted with the public welfare but they did not do their duty. They used their powers to benefit themselves. This is a parable that comes to my mind when I think of the ministers, aging and otherwise, who lie to themselves and continue to raise their hands blindly for fear of losing their perks and position and the heads of public institutions who abscond in their duties and use their positions to look after kith and kin. In my version of Buddhism after-life too is in the mind – mano pubbanga ma dhamma, mano setta manomaya.  Those who do ill shall remember and suffer, in this life.

My message to the new chief justice would be “the executive has the power to appoint you but once appointed you have the power to do the right thing. Every time you arms are twisted remember the legal profession and the public in this country will lose their patience at some point and you will be out with rest. Even if that day is far away, remember the destiny of public officials who do not do their duty.

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    Much depends on the resolve and leadership of the opposition. Acceptance of the status quo spells defeat. Whatever happens to continue with the fight which is legally and morally correct.

    No doubt the CJ and legal fraternity can chart out a sensible course of action to ensure the independence of the judiciary and preserve democracy despite the efforts of these corrupt politicians and leaders. It is a case of brains against brawn as well as injustice and evil will always fail in the final resort.

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    These people that you are appealing to are puppets on a string. You know who pulls the strings. These so called yes men, do whatever the bidding of the puppet master. The invisible strings are the ” regular bath pigana” that must be ensured, then a guarantee of status, perks, foreign holidays in the guise of official business and accommodation in 5-Star hotels at the tax payers expense, top education for their kids in USA or UK that they publicly denounce but privately they hug and venerate. To them this is just a game, play with and manipulate the ignorant masses, and live their hypocritical lives in luxury misappropriating foreign aid and rebanking it in their own names in western bank accounts. Hell with the average citizen of the country, they dont need justice and only to be told by a king as they willingly follow this feudal system: this is the trademark of Sinhala people. As a society they have not moved forward even one-inch from the time marauding Vijaya and his followers landed on this Island. You know what he did to that civilized queen Kuweni: used her and betrayed her, and that is our ancestors and this nature is in our blood, in our DNA. Even well to do and educated Sinhala people do it; go to any gathering, what do you hear; they start looking for connections and name dropping. And back stabbing and how to do the fellow over there who speaks the truth or doing better than himself. How many Sinhala people stand up for himself and say, hey I achieved this myself without linking my name to a some powerful people, politician or some crummy layabout who did well through politics. You are intellectual enough to figure out that your words are water on a ducks back. I am so sorry to speak the facts of life, but this country and the way things are done here p***es me off. Sri Lanka needs one great bomb up its a**e and it needs a complete death and rebirth to reform itself.

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      I so agree with you

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      who appointed the cj? People of this country or president? Whiever appointed her has the right to remove her

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      it’s all true. The ever previledge ever ready to kill Tiger bashers, now turning against Muslims and Christians never say anything when their own innocent people were hammered with 2 x 4 s.
      Mercedes Benz,land, new maliga buildings, holiday in budda gaya and Sanchi Buddhist university, endless super rich Danas, foreign travel, constant TV,radio exposure and now extremely over wieght cannot see anything beyong the new found heaven on earth…….you name it……they have it.

      http://www.thehindu.com/news/states/other-states/rajapaksa-lays-foundation-stone-for-buddhist-university/article3922580.ece

      Sri Lanka’s Aishchariya

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      Well put SIR !

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    Of course there are times to take a step back. I was also thinking in those terms last night and perhaps if I were in Dr Shirani’s position that is something I would have done. But she has shown more courage which I respect. I also understand Dr Gamage’s position that it would not be so easy for the government to completely control the new CJ, but it will depend on who she/he is. In any event, that might be the case unless the new appointee is not a complete stooge. But by refusing to resign, Dr Shirani will do a better service to rule of law in this country than resigning. Whatever her decision, she will be respected by the people in this country, except those ‘Gal Perethayas,’ as Dr Gamage has nicely characterized them.

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      It is time somebody “walked the talk”. Why suggest “civilized behaviour” when dealing with thugs.

      This is the first opportunity to openly challege these rascals who have got into power illegally anyway.

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    I am happy Dr Gamage is NOT our present CJ.

    Unless the present crisis does not touch its deep bottom, this corrupt and rogue system will continue for ever. This is the golden opportunity to clarify so called supremacy doubts and pave the way to reestablish rule of law.

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    Ok. let the baby live and continue the pressure on the government. But how do you continue the pressure? Keep on talking to them? And why should they change just because we keep on telling them what is acceptable by us?
    Who in the world has changed just because of some nice advise,and that too especially when the power stakes are high? I have a sad feeling that this strategy may become an excuse to do nothing under the circumstances. Woefully inadequate to the challenge facing us all.

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    While I agree with the writer, that leaving the office is the best option, I would urge her not to rush. Let the President first make the address in parliament, appoint a CJ and let the CJ take office. Once all this is done she can bow out of office,with dignity.

    She will be more portent out of office than if she hangs on. She should form a movement for good governance and rule of law which should have at its core the educated middle class. It should not have a political hue.

    I am sure the ordinary people of this country will support her

    M Y Foote

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    Dr Shirani Bandaranaike should not resign at any cost.

    Shirani,

    Don’t do any publicity stunt!

    remain calm!but be firm!

    God Bless You!

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    I said this earlier and say it again: USE AND ABUSE is the name of the game played by the cunning Politicians. Dr. Shirani Bandaranayke is a living example of this theory. But one thing to the credit of HE The Presient when he publicly said “I was not in favour of this Impeachment” was indicative of his sincere feelings towards her. But the other goons managed to overpower him and do this game in a very “artfull” manner. However, it is too late for the HE to realize and reap the results of this game played by his own clan of clowns.

    Let us wait and see the drama to come.

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      Huh? That is a joke….! The other goons overpowering the President? In which world of dreams are you living? We have a real world of one powerful person laying down a personsal law in contempt of the law of the land, and all other lemmings preserving their self-survival just obey and follow, and gnawing at justice and law and order. Of course for the media, even Hitler could behave as if he was born only yesterday. The smell of innocense is overpowering my nostrils. Just wait and see for a couple of years, who is showing the teeth ….. grrrrrr!!!

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    DISSOLVE THE PARLIAMENT, GET RID OF THE SIBLINGS AND ALL THE ASSHOLES SUFFERING FROM DOWN’S SYNDROME.

    ELECT PEOPLE WITH BRAINS (EDUCATED OR NOT). NO NEED FOR EDUCATED FOOLS, BUT PEOPLE WITH COMMON SENSE AND WHO COULD SEE BEYOND THE TIP OF THEIR NOSE.

    LET US INVITE “LEE QUAN YEW” FROM SINGAPORE, WHO HAS GOT BRAINY TAMILS IN HIS PARLIAMENT, TO GIVE ADVICE AND GUIDE US.

    THEY SHOULD BE ABLE TO STEER THIS PARADISE ISLAND BACK ONTO IT’S RAILS.

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    The time is right to start a movement “Idle No More” by the civilians, a law abiding, peaceful protest. What the movement should do is to write to all overseas UNP bodies and expose the illegal actions of Ranil, write to all international organizations such as Commonwealth, UN, EU, African Union etc and expose the illegal nature under which the CJ was impeached. Also bring out to the world the past legal tangles and the judgments the members of the select committee have had and the type of individuals they are. All justices should not recognize the new CJ. Above all its time to start a new political party headed by honest non political persons in Sri Lanka who have been in the forefront of challenging the government’s action. Time is right.

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    The last time RW was in power and lost his ministries he was told of a few strategies to get back the ministries,he did the same what he is doing now (nothing,elusion of craafty grand plan etc)were there and he proceeded to lose the election which if he handled it properly was UNP’s to win.
    Second time was when he politically made wrong moves when war was brought to an end on 09.
    This time he said Latimer,latimer and made the third monumental political blunder (Parliment is sup..)this man has no grand plan except be a pussycat.

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    In the Caucasian Chalk Circle, does Grusha at first not attempt to cling to the baby, but later, seeing the pain that her grasp is having on the baby, lets go of it, so that the evil duchess claims parentage? So too, would the present drama seem, to those who see things at face value…

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    bonaparte: I am very much alive in Sri Lanka. I am hinting at what is slowly happening to that “All Mighty- The HE”. He is so far having a gleeful time with the “goons” and they will definitely distroy him in time to come. The so called “Professors”, the “Legal Luminaries” the “Dental Surgeons”, “Revolutionists” the “Under-world Mafia Bosses” have managed to thighten the grip slowly and steadily. Wait to see what is in store. Unless a change of “awareness” of reality takes place the impending disasters are too many.

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      I dont believe one iota of what you are saying, but I respect your view. However my opinion is that HE is very much in command and control. If they are the gatecrashers who are manipulating him, and leading him up the garden path, cul de sac, to the edge of the worlds end, then it surely is his younger brother Mr 10% is the ring leader because he was a life long UNPer and has jumped into his big brothers bandwagon to control the big money. Whom are you trying to kid defending HIM and THEM the siblings as innocents misled by crooks? The doings are led by HIM and THEM in the family, and all others are going for the ride and gravy that is being pissed out by HIM. I understand why you are holding a shield for THEM in case a white van comes for you. Totally understandable in the real world of SLK today.

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    Reading Bonapartes’ comments I realize there were too many metaphors/references in the write up which has confused him. The idea is simpler. The child is the judiciary, the institution. The government led by the Rajapakse family is pulling one way and Grusha the CJ and others have to decide whether pulling the child towards them is the best option at this time. I am saying they should not. Others say they should. It is not an easy decision. My foote sums it up well think. Whatever the CJ does she should continue with the dignity she has demonstrated so far.

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    What can you expect in a corrupt, lawless Banana Republic ruled by a power crazy lunatic with the opposition lead by the identical twin?

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    If madam CJ Shirani Bandaranayake Gives up her post, It will be a slap on Democracy, Justice,Independence and Freedom on all of us Sri Lankans.

    Mahinda Pak.ya think we Sri Lankan’s Don’t have Balls….and only he and his Fuck….g family and Parliament have. He is just a Coward trying to intimidate others with his Hambanthota Wal Ballas, Nariyas and Buffalo Soljars threats. All the Best Security Forces Personnel left from their service with Gen.Sarath Fonseka. Now only left with a set of Buffalo solja Goons.

    Therefore it’s time for face to face fightect with the Medamulana Sevalaya and the Parliament hora thakkidias. Never ever give into this keri Hamba Hora whatever threats he make.

    Always make Plan A,B and C well ahead to meet his threats.
    Also keep UN,USA, EU,CW and international Lawyers on developments.
    Make every threat documented and in Video and also if possible send LIVE Broadcasts.
    IF MARA tries to introduce vulgar threats, Always face them Direct.
    If anything happens to CJ we will definitely get the Fuck….er outside.
    Also keep a stand by army ready to top…le the Govt. if necessary.
    Also make arrangement for a Wisky drop from sky to Raja Medura.

    We will support our Madam CJ upto the end…….and If we cannot catch this Fuck….r inside, we will catch him outside.
    Therefore it is the duty of all Citizens, Lawyers, Judges, Judiciary, Clergy and the Trade unions to PROTECT HER.

    Upto now Madam CJ has stood against Tyranny and should continue to do so.

    President already is a Spent force and International Community has made him a Pariah state . Also he is loosing ground both in Intellectual,Educated, Clergy,Opposition and Peasant communities.

    At the moment President and his Brothers follow the China Doctrine.
    After accumulatiung closer to One Billion US Dollars from the Sri Lankan society and from Illicit business deals, Rajapakse Family was looking for ways to hide this loot, and China came as a Guardian Angel and a golden opportunity. Also MARA made CB to borrow over 6 Billion US dollars during this period and no proper accounts been made to justify this expenditure.

    Kicking out CJ and guiding University Leadership (Military) training, Military training for Tamil women, military personnel teaching in Nothern schools,Military suites for school heads, white van goons, recent using Govt.marauders to intimidate CJ Bar Association lawyers and supporters who were protesting against impeachment were all are acts similar to China Tinemen Square Massacre and intimidation tactics,……and having fake meetings with huge publicity, displays of MARA Family Cutouts, posters, foundation stones Laid all over country with much Funfare are all part of the China Panda…and…China Dragon Game play to deceive public.

    There is no doubt that there is a clear genetic disorder in the Rajapakse Family….where some of the siblings looks Malay/ Muslim features. May be a DNA teast could prove it.
    Please watch the following Videos:

    http://www.youtube.com/watch?v=sTqO3jshilw
    http://www.youtube.com/watch?v=zOz8P_iMPtI

    This is all MARA family did by importing Mercedes Benz, BMW’s and Lamborginis brought to give to His Family Members, Party Goons and Buddhist Clergy and Preletes to Lure their support for MARA Family Dynasty with our poor innocent Children and women sent to Middle East to earn Foreign Exchange for his pleasure.

    70% of people still live below POVERTY LINE AND MOST OF THEM LIVE IN HOUSES SIMILAR TO VEDDHA (NATIVE) COMMUNITY LIVE……60 YEARS AFTER INDEPENDENCE.

    Be your own Judge.

    HELP OUR CJ TO STAY IN HER POSITION FOR OUR GOOD…..AND IMPEACH MARA FOR ROBBING TSUNAMI POOR PEOPLES MONEY DONATED BY INTERNATIONAL COMMUNITY.

    Thank You.

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    Sri Lanka is in a strategic location, the past, the present and the future superpowers want to influence the country. I urge every leader to exercise extreme caution. The removal of the CJ is not something new in the world, it happens in the world, including in the United States. However, some eliments may use this opportunity to bring chaos into the country, in order to achieve their ulterior motives. Remember, few eliments were fuelling the civil war and benefited by the war, but not the Tamils or Sinhalese. We must not let that happen again.

    The president appointed the CJ, now the 2/3 of the parliament wants her to leave the office. If I was the CJ, I would have resigned once the parliament decided to remove me from the office. Taking this matter to the UN is not advisable. Even the CJ is blameless she must let go for sake of the country. The country has been fighting for thirty years, people are free from fighting for only three years. Just wait for few more years, be patient, you all went through the bloody war for thirty years for nothing. I know very well about the parliament members, can we change those leaders mindset overnight? No we can’t. Therefore, Lets approach matters very pragmatically for sake of the innocent people who have died due to the bloody war.

    It is a new beginning for the CJ. The Chief Justice Shirani Bandaranayake has a huge potential. She has a lot to give for the country. She must get involved in politics and bring new ideas to the table. Lets people decide whether she is worthy or not. She must not go to the UN, but go to her people and put her ideas forward, in order to develop the country. She must not go to the enemies who divide others, invade others’ countries and kill millions of people to keep themselves on top. Do not go to the devil to get justice. I urge every Lankan to stop listening to the enemies who divide us, they use every opportunity to bring chaos into the developing countries to rule others.

    The Westerners ruled and ripped off the Indian Subcontinent for more than 440 years, but they never done anything to eliminate the caste systems, gender inequality, and racial, language and religious discriminations. Because they knew it will continue to eat the Indian Subcontinent and keep the Asians under the West forever. Four hundred years is very long time, at least 10-12 generations. The West could have done a lot, but they deliberately done little. The Westerners have a lot to talk about the Indian Subcontinent’s failure than China’s communism, but they won’t talk about it, because it will highlight their deliberate misleading to keep the Asians under them, plus the Indian Subcontinent is not a threat to their dominant power, but China.

    “English are to blame for India’s backwardness” published by the Dominion Post, written by Philip Collins, on page B5, Dated January 5, 2013. The Dominion Post is one of the major newspapers in New Zealand. Not all the Westerners are naive or blind, there are people like Philip Collins sees the Westerners’ evil side. The Indian Subcontinent has enough intellectuals to develop the Subcontinent better than China, but the system won’t allow the intellectuals to lead. Therefore, the intellectuals leave the Subcontinent and develop the Western Countries. This system was developed by the Westerners, in order to keep the Indian Subcontinent poor and weak.

    We fought with the Westerners to have our freedom, but we still trust them, listen to them and run our political system according to them. This is a huge failure. The Indians are too scared to change the manufacturing sector, because they don’t want to allow another East India Company. However, they are happy to keep the political system recommended by the Westerners. The Chinese are really smart, because they have a political system what is good for them, they did not choose a political system recommended by their enemies. We must stop listening and trusting our enemies. We must develop a system according to our culture and ideology, like the Chinese did, otherwise the Indian Subcontinent will be struggling forever.

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