President Ranil Wickremesinghe, President Democratic Socialist Republic of Sri Lanka
Mr. President,
We write to you as citizens who are members of the legal profession and legal academics of Sri Lanka for urgent action following the decision of our apex court in Sumangala v Bandara and Others (SCFR 107/2011) delivered on 14th December 2023. A three-judge bench of the Supreme Court unanimously held that Respondents, including the current Acting IGP Deshabandu Tennakoon, violated the fundamental rights of the petitioner to freedom from torture, unlawful arrest, and arbitrary administrative action that denied equal protection of the law. The Court observed that these violations undermined the core values of respect for the Rule of Law and Democracy, and the State obligation of the government under international law applicable in Sri Lanka. The right to freedom from torture is one of the gravest violations in constitutional law and the Sri Lankan State’s obligations under ratified international treaties and cannot be limited in any way or on any ground. Their Lordships imposed heavy compensation on these persons, including Deshabandu Tennakoon, (currently Acting IGP) and called for disciplinary action by the State against them.
Deshabandu Tennakoon was the SP Nugegoda at the time of the incidents complained of in the above case. He was proven to have both participated in the acts of torture and illegal arrest and not fulfilled his responsibilities to prevent gross acts of torture by his subordinate police officers. These acts included using chili powder to suffocate, stripping naked and suspending from the ceiling for long hours, and beating the petitioner in front of his wife and very young children. One of them fainted on witnessing this abuse of their father. The petitioner has been recognized as consequently suffering from a serious mental health condition for years.
We draw your attention to the fact that these officers including the said Deshabandu Tennakoon, have been found liable of acts which in our law amount to a criminal offence under the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment Act, No. 22 of 1994. As such, all police officers found responsible must be formally charged with the serious crime of torture with immediate effect and they must be suspended from service. It is particularly grave that no immediate action has yet been taken against the said Deshabandu Tennakoon, given that he holds a position of power with influence over evidence and witnesses in an anticipated criminal prosecution against him. The office of IGP, and thereby the powers of Acting IGP, can only be directly held accountable by your office as President. Your duty to the people of Sri Lanka is clear, and the only responsible course of action is to terminate the appointment of the said Deshabandu Tennakoon to Acting IGP, refer the judgment to the Attorney General for urgent consideration of serving charges on all found liable, and refer the judgment to the National Police Commission for disciplinary action.
We remind that Deshabandu Tennakoon was appointed by you, Mr. President, with endorsement by the Constitutional Council, amidst public controversy over his suitability, for this high post. It is a complete failure of public trust by all involved. We note that no attention appears to have been given to the fact that there are many pending cases against this individual, and that this particular case was before the Supreme Court.
As President of our country, who has taken an oath of office to uphold the Constitution, and as a member of the legal profession, we call upon you to recognize the gravity of these violations of constitutionally guaranteed fundamental rights, and international law, and take immediate action following this judgment of the Supreme Court. Failure to do so will legitimize the idea that a person can hold high public office despite the fact that he/ she has been found responsible for one of the most heinous crimes and abuses of power under Sri Lanka’s laws and violation of fundamental rights guaranteed as a core aspect of the People’s Sovereignty in a democracy. Decades of jurisprudence of the Supreme Court has emphasized that officials including the President and Ministers must discharge the legal obligations of their public office, and uphold the Public Trust placed upon them. Indeed, in Sumangala v Bandara and Others the Supreme Court said that ” the stars that adorn a uniform are not ornaments of power but reminds us of the immense responsibilities that come with authority.”
There is public expectation that in your role as head of the Cabinet your Cabinet is reminded of their role and responsibilities in office. It is shocking that within days of the judgment that found Deshabandu Tennakoon liable for torture, Minister of Public Security Tiran Alles publicly endorsed Tennakoon’s leadership of the police and even insinuated support for police killings in enforcing Sri Lankas laws on illegal drugs. The legitimate law enforcement aim of eradicating illicit drugs cannot be cover for extra judicial violence. He has also made damaging statements on the legal profession, accusing lawyers who have demanded action in terms of the judgment as “defending” drug offenders. This seriously undermines the right to legal representation in court proceedings. All such statements seriously undermine this government’s commitment to the rule of law and our Constitution.
As President, you must appreciate that the confidence of the public in the administration of justice must be reinforced and not undermined. It is shocking, by any standard, that the leadership of the police or indeed in any public office, is held by a person who has been found to have violated the Constitution and that too by an act which is itself a criminal offence in this country.
Mr. President, we have repeatedly warned that the several legislative and administrative measures of this government have been authoritarian in nature and has had a damaging chilling effect on citizen engagement with issues of public concern. The remarkable silence in the media and by civil society over the Supreme Court judgment indicates a self-censorship not previously evident in Sri Lanka.
This is an open letter to you. We will be sharing this letter with our fellow citizens in the hope and expectation that you will take immediate action. In summary, immediately terminate the appointment of Deshabandu Tennakoon as Acting IGP in view of the Supreme Court judgment in Sumangala v Bandara and Others, refer the judgment to the Attorney General to consider without delay charging these police officers with the serious criminal offence of torture, particularly in view of the preservation of evidence in imminent prosecutions and also refer the judgment to the National Police Commission for action. A failure to act amounts to a daily reminder to the public that you will not implement a judgment of the highest court of the country which has exercised the judicial power of the People under our Constitution. Urgent action is a matter of national importance.
On behalf of the Lawyers’ Collective,
Mr. Rienzie Arsecularatne, President’s Counsel
Mr. Upul Jayasuriya, President’s Counsel, Former President – BASL
Dr. Jayampathy Wickramaratne, President’s Counsel
Professor Savitri Goonesekere, Attorney-at-Law
Mr. Geoffrey Alagaratnam, President’s Counsel, Former President – BASL
Mr. M.A. Sumanthiran, President’s Counsel
Mr. Dinal Phillips, President’s Counsel
Mr. Saliya Pieris, President’s Counsel, Former President – BASL
Mr. S.T. Jayanaga, President’s Counsel
Mr. Nalin Dissanayake, President’s Counsel
Professor Deepika Udagama
Professor Camena Gunaratne
Mr. Upul Kumarapperuma, Attorney-at-Law
Mr. K.W. Janaranjana, Attorney-at-Law
Mr. Harshana Nanayakkara, Attorney-at-Law
Mr. Srinath Perera, Attorney-at-Law
Mr. Sapumal Bandra, Attorney-at-Law
Mr. Akalanka Ukwatta, Attorney-at-Law
Ms. Ermiza Tegal, Attorney-at-Law
Mr. Manoj Nanayakkara, Attorney-at-Law
gamini / December 21, 2023
These do gooders who vehemently oppose the Acting appointment of the IGP, when during MR’s tenure there were glaring instances of rights violations, none of them were there, to voice concern. Today there are many to point out, more so to embarrass Ranil Wickremasinghe and Ranil’s dilemma is not the removal, but whether there is anyone worthy remaining, to be appointed, because the Police Force has been highly corrupted under MR tenure. Gone are the days, we had Officers above board and today no decent individual from good stock, want to join the Police Force.
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SJ / December 21, 2023
“when during MR’s tenure there were glaring instances of rights violations, none of them were there, to voice concern.”
Really?
Where were you when people raised issues?
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“the Police Force has been highly corrupted under MR tenure.”
Not under JRJ when he promoted an officer found guilty of a grave offence by a court of law?
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nimal fernando / December 22, 2023
” the Police Force has been highly corrupted under MR tenure.”
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The main person MR corrupted was Ranil! ……. And Ranil was ripe for corrupting.
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When Ranil’s desperate “presidency” started, I said when the time is right Mahinda will put all the blame on Ranil and come out smelling like roses. Mahinda has already started. What an imbecile Ranil!
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“decent individual from good stock”
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Gamini, judging not by birth but by actions, do you think Ranil is a decent person from good stock? :)))))
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Unexamined cockamamie beliefs and truth are two different things!
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2.44:42 am in Ella now …….. what is the time in Bandarawela?
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leelagemalli / December 22, 2023
When a country’s civil servants abuse their jobs in broad daylight, the authorities openly tolerate it. Is this possible in a developed country? What happened to law and order?
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https://www.youtube.com/watch?v=Vp5kNm-tiVc
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This man should be hanged by prevailing laws Is that possible in our hell ?
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leelagemalli / December 21, 2023
Dear Readers,
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I have a million dollar question as to why the same “lawyer collective” is paralyzed by the “supreme verdict” on DA Rajapakshe sons and their henchmen.
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If the Supreme Court’s verdict on Rajapakse criminal brothers is right, why on earth are they still not arrested properly? Is such a decision valid for a common citizen also? Why is impunity limited only to Rajapaksa?
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At the same time, the suburbs of Colombo are full of drug-dealing nouveau riche, and whenever they are caught in arrests, so-called lawyers become their advocates, why ? why cant they protest against the kind of HUGE LAWYERS’ crimes ? .
Tiran Alas is not a clean-cut minister, however, and his questions about why those lawyers are standing up for “drug traffickers” must be answered by a strong group of lawyers.
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Douglas / December 22, 2023
My Friend LM: You have a question. “Why Lawyers are silent on D.A. Rajapakse’s sons”?
The answer to that must be provided by the “Political Authorities” and other Civil Society members. The answer by “Political Authorities” is to bring a motion in Parliament to appoint a Committee of Investigation to examine the facts that came out in the Court case and decide on the punishments – e.g. An Impeachment motion and impose a punishment such as withdrawal of “Civil Right” and initiate legal action to recover the losses. Apart from that even a “Citizen” could now file a case against all those found “Accountable” and named in the Judgement.
Re. “Drug” matters. Lawyers are like any other “Professionals” such as Medical Practitioners. These “Professionals” are not ethically required to SELECT their clients who come before them requiring assistance. That is their “Professionals” call.
Do you know the Lawyer who appeared for a “Drug Dealer” is the same Lawyer who appeared for Thiran Alles when he was charged on that “Deal” between Basil R/LTTE Emil Kanthan, a money transaction? I don’t blame that Lawyer, but mentioned it to highlight the obligation of “Professionals” in extending their services to clients.
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leelagemalli / December 22, 2023
Douglas Mahathmaya,
What logic? goes through your head ?
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Maybe your God Sinhala_ man who persecutes me regularly will get your thoughts-but I’m afraid, I can’t. I agree with conscience on some thorny issues. Not superficial at all.
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Haven’t you heard that most of the lawyers in the developed countries do not even take such cases?
Prosecutors only sign and perform their duties. They never let drug dealers or money launderers get away with charges.
How they protect society as their approval guides them. Our law professionals are controversial and the legal profession is very questionable.
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I mean in any western country and Singapore or similar countries, would that be possible in that level ? I think this has a lot to do with professional ethics. Lawyers and judges in our country are cheaters.. Don’t think so? If it doesn’t happen the other way around, how does drug addiction spread in our society? I know not only lawyers should contribute their part, but specially the law profession is in shambles in our country in recent times. Is not that so ?
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Douglas / December 22, 2023
My Dear LM: I invite you to read the article titled, “BASL Condemns Turan’s Attack On Lawyers and Justification of Encounter Killings; Urges To Appoint A Clean IGP” appearing on this page CT, with your careful attention drawn to the observation made by the Supreme Court of S/L in one of the cases mentioned therein.
You also tell me: “Lawyers and judges in our country are cheaters”. Really? You are very LUCKY to have left our country.
In my Elementary class, my teachers taught me: SOMETIMES IGNORANCE IS BLISS.
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Sinhala_Man / December 22, 2023
Isn’t “leelagemalli” clever in a despicable way? He’s also expert in writing long comments which say nothing, really! Reading his comment one would imagine that the appointment of Deshabandu Tennekoon was the work of the work of the “Lawyers Collective” and of the Rajapaksas. He had, accordingly, got three Green Thumbs, and no Reds, until I inserted one.
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I’m sure that the Lawyers Collective hailed the Supreme Court decision against the Rajapaksas, and asked for follow up action (I’m not sure; Can the “Green” Readers bother find out?). How can Lawyers arrest people? The police must do that, but now they are headed by this infamous Dehabandu.
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The Lawyer have rightly focussed their complaint on Dictator Ranil. It is he who has made the Police appointment; being the sort of incorrigible guy that I am, I have on occasion sidled up to relaxing policemen and ask them if they approve of the way the country is run. Once they realise the sort of guy I am, they display a conscience.
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How did a “million dollars” come into the question? Please look out for meaningless padding in questions.
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Panini Edirisinhe (NIC 483111444V)
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leelagemalli / December 22, 2023
Dear Readers,
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I clearly see the greater contrast between the kind of verdicts from Europe and progressive nation and its aftermath.
I live in EUrope for ages and I get on with lawyers for our job related affairs, most of them act very honest and authentic as well. I even have my personal lawyer for my own issues.
However, AVERAGE srilankens, specially ones like Sinhala Mann with his ideosyncratic thinking cant know it. This is the fact that does not need any further arguments.
He has never had such comparisions. Anyways, his issue is to chase LEELAGEMALLI for somer spiteful agendas.
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That he has been doing being fallen to sleepless nights. That has nothing to do with my comment contents.
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I dont mind Deshabandu or any other candidate else being appointed as the Deputy IGP, but I truly know it is the selection between evils and less-evils.
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However, I admire ongoing “YUKTHIYA” raid on colombo drug traffickers, and I will commend Deshabandu and the minister if the illegally collected wealth be confiscated and put them jail forever.
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leelagemalli / December 22, 2023
Truth as it is, in today’s presidency, Ranil cannot decide who to appoint or not. Behind it is the steady movement of the Sri Lanka Podujana Peramuna. Indeed, the SLPPs have passed everything in Parliament regarding the VAT increase, yet the leader of the SLPP publicly states that he is against “increasing VAT”. Isn’t that contradictory? That is why intelligent people should understand that Ranil is not to be blamed for this controversial and alienating political self-indulgence. I believe, only naive JVP will do that, many others will not speak a single word against Ranil for current politics. In contrast, many scholars I spoke in person, in Sri Lanka shared me that there is nothing RW can do to make a real change in this context. However, they thank him for balancing the anarchy left by Rajapaksa.
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Sinhala_Man / December 23, 2023
How did Ranil get trapped in such a situation, “leelagemalli”?
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I will answer that question myself; Ranil desired it. He will do just anything to hold on to the title of “Executive President” until he is actually thrown out.
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And don’t you tell me that there was nobody else who was willing to accept it. Dullas Allahapperuma was wanting it very much.
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Also in the fray was Anura Kumara Dissanayake. He received only three votes. He made no rash promises. He wanted it, but know how to control avarice. I can’t now remember if it was a secret ballot, or a show of hands. In either case, why did all those corrupt fellows vote for Ranil?
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I notice that your questions have now progressed to being trillion dollars worth.
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Perhaps, this will help you:
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https://www.thoughtco.com/zeros-in-million-billion-trillion-2312346
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Why not start talking sense?
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Panini Edirisinhe (NIC 483111444V)
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Douglas / December 23, 2023
Dear LM: You say: “Truth as it is, in today’s presidency, Ranil cannot decide who to appoint or not”.
Now I am compelled to ask the same question you forced on me. What logic goes through your mind?
If Ranil, as the President cannot decide who to appoint as IGP, is he suitable to be our President? In your reasoning, shouldn’t he immediately tender his resignation ( “in today’s presidency” you say) and give way to a person who can do that JOB? You, saying “in today’s Presidency” does it mean Ranil W is a “Boot Polisher” of Rajapakses? Please don’t go to explain. I know Ranil W is a “KATU SOOPPUWA” (Bone Licker) in his job as the President. That’s how Rajapakses SURVIVE.
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leelagemalli / December 24, 2023
Dear Douglas,
I thought you wouldn’t fall into the little world of your Siamese twin SM. Unfortunately, I was wrong. I really don’t understand what you two are doing. I could make up my mind if you two came from the “Kadamandiya community”.
RW indeed took a risk then, the country was ruled by anarchy. He has mastered it so far and surprised even the European leaders. My friends from Europe questioned me about how people could not be controlled by 09 July 2022. Speculations are there,. But my guess is that RW really wanted to make something of his experience.
:
. Not a single European leader thought that Sri Lanka would recover in a short period of time. However, my neighbors in the EU Parliament spoke highly of RW as a leader.
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tbc
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leelagemalli / December 24, 2023
cont.
That is why some European politicians praised Sri Lanka today. They are happy to see 1.5 million tourists by the end of December 2023. I am very happy to see more progress in the tourism industry. what should we be hypocrites ? It’s a look back from the beginning.
Some people in Podujana Peramuna thought it would be better if an experienced leader of RW nature would do the job.
That’s why RW was chosen out of 3.
That’s it. Your CLOWN friend SM suggests Dallas was ready to take over. In fact, although Dallas was a senior journalist, he failed even to control the media in Sri Lanka. If he really has such ability, he could handle the mess of media mafia in Sri Lanka.
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SM accuses me of being RW supporter, but i am not. If CBK took the position, I would also agree with her, as leaders RW and CBK have proven their mettle. Even though the credit was totally stolen by Rajapakshe criminals.
However, if elected, do you think Dulles would have been performing better ? My foot, and AKD would have been good to run a Montessori .
AKD should first be clear that this country is full of criminals of various natures. People’s thoughts are heterogeneous. I have no doubt that he would lose the NPP to become the next ruling force if he continues to dream without forming alliances with other good candidates. That is already clear.
What happened to the non-partisan Gotabha?
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ramona therese fernando / December 21, 2023
My God! What a pig this Deshabandu fellow is.
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“The Court observed that these violations acts included using chili powder to suffocate, stripping naked and suspending from the ceiling for long hours, and beating the petitioner in front of his wife and very young children. One of them fainted on witnessing this abuse of their father. The petitioner has been recognized as consequently suffering from a serious mental health
condition for years.”
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Right up Ranil’s sleeves. What a pig he too is.
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leelagemalli / December 22, 2023
Dear Ramona,
Tell me if there is any prominent person in Sri Lanka who is not more or less corrupt?
How to find clean ministers and other officials in such a society?
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It’s like looking for mustard in a house where no one is dead, isn’t it?
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In this hostile society, almost everyone is bound by abusive culture and corruption.
I came back to Europe from motherland a week ago, looking back, the Rajapaksa rascals created hell was a real hell. This we warned many a times, but people never grasped it.
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And we can easily point the finger at anyone, doing good in that society is a real threat. … I’m sorry, I can’t even relate to ordinary Sri Lankans. Many of them are no different from the average of the states of Somalia and Tahiti. Be it in public buses, trains, shopping centers wherever they are. They are human beasts rather than honorable men.
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ramona therese fernando / December 22, 2023
Leelagemalli,
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In spite of trying to show how far above you are from other Lankans, you are typical of them that you identify. You’re aptly display it. But not only in the motherland are there Lankans like you. Wherever in the world one goes, one will find these perverse Lankans full jealousy, hatred, and greed. Guess Deahabandu emerges from that same belly. What a sad and sorry situation. Alas for the Motherland.
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nimal fernando / December 24, 2023
Hear, hear Ramona! ……. You handled well someone who follows forum resident misogynist’s way of addressing you ………time to confront the main culprit himself …….. give him a bloody nose!!! :))))
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ramona therese fernando / December 25, 2023
Nimal,
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Let’s forgive Leelagamalli shall we, during Christmas. Poor fellow has a lot of excellent points to tell for the betterment of our country-people.
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Let’s focus on Deshabandu instead. Can you imagine the horrors of the torture chambers our Lankan man and women are suffering on Christmas day because of Deshabandu 😥. Those people were trying to make some money to pay their taxes, but unfortunately got caught peddling drugs, whilst the big time crooks who everybody knows and need no pointers, are minting money out of human suffering and getting off scot-free.
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nimal fernando / December 26, 2023
Yeah! Ramona, in the spirit of Christmas, we all should. Do you extend that compassion to young Native as well? ………. OC is always ”compassioned!” :))
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Ajith / December 21, 2023
Not only appointment IGP but the appointment of Ranil as Prime minister or President is illegal and immoral considering the fact he was appointed as a Prime Minister who involved directly or indirectly on the Bond scam and Easter Bombing . He was elected as a President by a government of a failed government and President who were now lawfully accepted that they are responsible for the economic crisis. If the judiciary is really truthful to justice Mahinda Rajapaksa and Srisena should be in jail for a political coup in 2018. Further, if the judiciary is honest to the justice they should be in jail for number of murders including Lasantha.
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Douglas / December 22, 2023
Ajith: One correction: That appointment of Ranil W as President is not “Illegal”. It is “Legal” because it is in keeping with the provisions of the Constitution.
However, Ranil W’s acceptance of both the positions of PM and President is IMMORAL and DASTARDLY. Simple as that.
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Ajith / December 24, 2023
Douglas,
If it is stated in the constitution of Sri Lanka which was made by JRJ to fulfil his own needs which was amended many times to suit Rajapaksas need and to protect criminals. The constitution says the President should not be punished by any courts but we all know president himself has involved in more crimes.
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Douglas / December 22, 2023
The Minister of Internal Security, Thiran Alles in an address to “Police Brass” held in Matara said: ” I am the one who wanted Deshabandu Tennakone to be appointed as the IGP”. If he takes that “Responsibility”, one has to question both the President – the Appointing Authority and the Constitutional Council of the Parliament that “Approved” the name submitted by the President.
In Public Service, if an officer is even named an “Accused” or a “Suspect” the rule is to immediately SUSPEND his/her services until such time the case is finally disposed of. This SDIG, Deshabandu T had many court cases against him that were and are still pending in court. This fact is known to all. Then how could he be allowed to STAY in service while these indictments are in progress? He should have been SUSPENDED/INTERDICTED from all Police Services pending the disposal of all those allegations.
Now the WORST is to appoint him to be the “Acting IGP” both by the Apex Authority – the President receiving the “Approval” from the “Independent?” Constitutional Council. What a DISGRACEFUL act of discharging the respective authorities entrusted to the “HIGHEST” authorities of S/L?
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Lasantha Pethiyagoda / December 22, 2023
One cannot expect Ranil to punish criminals and reward the just. All the decisions he has made, as indeed many of his predecessors in recent times, was to reward criminals, encourage them, recruit them for personal advantages and then go all out to punish anyone who dares speak up for justice or fairness. In such an environment, all these signatories who still think they carry weight in a fool’s paradise must be daydreaming in a utopia that they will never see, with or without deyshabando. Unless a radical system change is brought on by a wholesale restructure after a people’s revolution or Aragalaya, these appointments will only become more common.
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Pundit / December 22, 2023
Gamini, to be fair by your idol he is only carrying out the biding of his masters who helped him live his lifelong dream of being numero uno of this impoverished island. You are, however, displaying your naivete, by repeatedly attempting to defend the indefensible.
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Good Sense / December 23, 2023
Part I
It is common-sense that His Axcellency must be deaf and dumb in this instance. The set of expert lawyers do understand that whatever be the written law the courts do expand the scope in its interpretation of the law in the interests of justice. The constitution provides only for the aggrieved party (or attorney) to file action. The courts expanded this to allow another person to file in the event it is humanly impossible for the aggrieved party to file. Courts even allowed another person to stand in for the petitioner in the event of the latter’s death. The article 126(4), in my humble view, partly quoted “The Supreme Court shall have the power to grant such relief or MAKE SUCH DIRECTIONS as it may deem just and equitable in the circumstance in respect of any petition ….”. The continued holding of office by an established torturer is an imminent violation of fundamental rights of any citizen as he is now in a better position to get it done. Therefore, instead of writing letters which has no effect. They should file a separate FR for imminent violation of FR of any citizen and canvass this issue there.
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Good Sense / December 23, 2023
Part II
Payment of compensation is a part of granting relief as per article 126(4) of the constitution. It is now extended even to private citizens if they have manipulated the state machinery to violate the FR of a person (False complaint to unjustifiably incarcerate a person by the Police). In the process of making such directions I see no reason why directions cannot be made on the following: (1) Convict and Sentence the relevant party for the violation of the relevant offence, in this instance torture (2) Direct the Police Commission to dismiss the parties from service and declare the approval of the acting appointment of the constitutional council null and void. This, the set of lawyers can canvass in the imminent violation of FR of any citizen and see what happens. Shouting in social media or writing to a Presidency which must follow the “Tiranic” advice because of money power is useless. It is the same money power that caused the removal of a Minister. After all in every Dollar note the words “In God we trust” is printed or in local parlance “දෙයියන්ගේ මල්ලි සල්ලි” (Money is the brother of Gods).
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