22 October, 2020

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Issues Concerning Judiciary: MS & RW Should Take The Full Responsibility

By Nagananda Kodituwakku

Nagananda Kodituwakku

Nagananda Kodituwakku

Now, various statements are appearing in both electronic and print media, criticizing the Judges in the Superior Courts for bias. I believe that this approach simply shows lack of foresight on the part of the new regime. In my view, without blaming any, MS RW regime should blame only them for lack of coherence.

New regime has already betrayed the people, as the 19th amendment expressly permitted the judges in the superior courts to hold office and continue to exercise and discharge the powers and functions after it become law.

In 1978 when President JR Jayewardene determined to install a ‘vibrant independent judiciary’ a specific provision was incorporated in the 1978 Constitution (Article 163), removing all judges in the Supreme Court immediately before the commencement of the Constitution.

The new regime knew that former President made several arbitrary appointments to the Superior Court System simply according to his whims and fancies and if the present regime had an iota of common sense they could have easily included all the judges in the Superior Court system in the Transitional Provision (Section 54) to the 19th Amendment that removed only the commissioners holding offices in various Commissions, after it became law, which however, expressly retained the judges in the Superior Courts.

Ranil Chandrika MaithripalaIn fact, when the 19th Amendment bill was published, by way of a Petition to the Supreme Court, I challenged the retention of these judges, on the basis that they had betrayed the Judicial power of the people they exercise on trust by responding to MR’s two questions referred to Court, which lack any ‘public importance’ whatsoever, as required by the Article 129 of the Constitution. In fact, Mohan Peiris absolutely denied the people of this country, any hearing on this matter, including the professional body of lawyers, the bar association and he considered that the Supreme Court was under the command of the executive president.

The very submissive language used by Mohan Pieris to express the opinion of the Supreme Court [10th November 2014] with all other judges agreeing, in the following words, informing President Rajapaksa, that he should seek re-election for a further term, is indeed a humiliation of the people’s judicial power.

“… Thus Your Excellency shall exercise your right and power vested in you by virtue of Article 31 (3A) (a) (i) of the Constitution and seek re-election for a further term and there exists no impediment for Your Excellency to exercise the right and powers accorded to you under the Constitution to offer yourself for a further term…”

Therefore, in the written submission made, Court was pleaded to determine that the Transitional Provisions (Article 54) in the said Bill titled ‘Nineteenth Amendment to the Constitution’ is a blatant violation of the provisions of Article 3, 4, 10 and 105 of the Constitution as it condones and permits all Judges in the Supreme Court and the Court of Appeal to continue to hold such offices and continue to exercise, perform and discharge the powers, duties and functions of that office, under the same terms and conditions, forcing the people of Sri Lanka to accept and condone the Judges appointed to the office of the Judges in the Court of Appeal and Supreme Court, some of whom have acted in a manner in which the people lose their trust and confidence placed in the Superior Court System thereby undermining the people’s Judicial Power, and therefore the said Bill requires to be passed by not less than two-thirds of the whole number of members of Parliament and also approved by the People, at a Referendum by virtue of provisions of Article 83 of the Constitution.

However, I believe that the reader would understand that the content of this Petition had only an academic value as it was presented to the very same Court where those judges were occupying office.

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Latest comments

  • 13
    1

    “Issues Concerning Judiciary: MS & RW Should Take The Full Responsibility”
    Not really: The judiciary like everything else in the country had gone to the dogs during the last ten years and you cannot expect miracles over night.
    I personally don’t have trust even in the AG.

    It will take time to clean it up and crooks will walk free and if Sri Lanka is a cursed country MR will come back to power and it will never be cleaned.

    • 2
      2

      Indeed there should be another amendment to CLEAN UP THE SUPREME COURT at this time.

      Also, Ranil Wickramasinghe is making a mockery of law and DUE PROCESS.

      All attempts to hold accountable the corrupt clown Arjuna Mahendran – so called Governor of the Central bank have been blocked by Ranil and the SC and in parliament. Mahendran must go as he is corrupt and has engaged in insider trading and benefited his son-in -law who is also a corrupt political crony and financial hit man.

      Clearly, the supreme court must be cleaned out and rid of political corruption and patronage for the 2 corrupt central bank governors – Mahendran and Nivard Cabraal – are to be held accountable for corruption and rent seeking.
      Both the Mahinda Jarapassa and Ranil Wickramasinghe regimes have corrupt the legal system and process in Sri Lanka.

    • 0
      0

      Ranil is NOT interested in ‘cleaning’ the government – he is only interested in POWER for himself and the UNP.

      Ranil has to EARN the right to replace the Supreme Court by at least winning the vote directly from the voter rather than hiding behind Maithripala, and then winning another term or two just like Mahinda.

      Ranil’s partisan handling of the Central Bank Governor’s insider dealing shows he only used the corruption issue to grab votes, not to improve the integrity of government.

  • 15
    2

    It is easy be an arm chair critic.
    MY3 & RW is doing a massive transformation of our country on all directions, after 10 years screw MR regime did. They are doing it without a real majority in parliament. Further Rajapakse cronies throwing out millions of $ from looted money buy over key people to de-rail MY3s plans and to save their skins.

    MY3 is in power, he will guide the country through. Obstacles will come. He will over come it.

    • 6
      16

      Holy shit Sumith! You seems to be a kid to lankan politics! Can you kindly spell out your “massive transformations” under your dear my3-rw rule? Yes one such thing I saw yesterday in the papers. Despite a court ban, TNA, including their “educated”, “neutral” leader, an ex judge by the name of Vignaswaran, was saluting VP and his cohorts in the Mulativ beach. By the way, for your information, my3 has removed his ‘modi kit’.

      • 6
        1

        max,

        transformations.

        – 100 day plan
        – No more white vans.
        – Colombotelgraph no longer blocked in Sri Lanka.
        – 19A.
        – MR & cronies looted $5billion in 10 years. Each day Sri Lanka save $2 million a day.
        – slowly but steadily getting all the thieves behind bars
        – No more white elephant projects.
        – International relationship normalized
        – Cronies recalled from foriegn misions

        still more to come. you just wait and see.

      • 0
        0

        Hi Max You are showing your ignorance and racist character. MY3 has been bit compassionate and understanding than the racist communal and criminal minded Mahinda R. Tamils were paying their respect to the dead, which is a cultural tradition. you are looking it through your Myopic vision. Even JVP is able to understand this cultural traditions, which MR did not want the Tamils to observe. He thought himself as a great victor. People like you want him back. There is KARMA you can’t escape like death. Try and do good if not just fold yourself. Wait your turn for your KARMA!

  • 4
    0

    Nagananda,

    Too complicated man. Can’t make head or tail of what you are trying to say. Simplify, simplify.

    • 1
      0

      I think Naga is trying to say this as quoted below.

      “if the present regime had an iota of common sense they could have easily included all the judges in the Superior Court system in the Transitional Provision (Section 54) to the 19th Amendment that removed only the commissioners holding offices in various Commissions, after it became law, which however, expressly retained the judges in the Superior Courts.”

  • 9
    4

    Excellent article. RW who spearheaded the formulation of the 19A should take responsibility for this lapse.

    During the past four months he made so many blunders. Criticizing Australian PM for no reason when Australia was the only Western country to support us during difficult times, publicly criticizing Supreme Court judgments, public clashing with the Chief Minister Vignaswaran, Appointment of CB Governor, etc etc are massive political blunders.

    For those who think RW is a brilliant strategist these should be a good warning of what to expect if he ever becomes the PM of this country.

    • 2
      3

      Gamarala, you are off by a mile. Agree with BBS Rep that this is a poorly structured article and highly complicated.

      It takes a lot of effort to figure what the writer is trying to say. Good writers are those who write simple English.

    • 3
      0

      “””…warning of what to expect if he ever becomes the PM of this country”””

      er er er…I thought that RW was already our PM. Or am I dreaming?

      • 1
        2

        I meant if RW ever become PM BY HIS OWN RIGHT. He is now the PM of a minority government thanks to President Sirisena and the SLFP.

        • 3
          1

          Quite right Gamarala, but have you paused to think that MS could also not have become President all on his own? He is now the President of this country thanks to RW and the UNP. Got it?

          Becoming PM on his own steam may not be possible EVER, in a country which mainly thinks from its heart and not its head.

          Sri Lankans are an emotional people, and Mahinda Rajapakse is an renowned expert at raking up such emotion to his advantage.

          Both MS and RW are far too sincere in what they say, to ever do that.

          • 0
            1

            I agree with you MS would not have become President if not for UNP (along with others who supported him).

            But unfortunately your response is off the point and not pertinent. The point I initially raised was about Ranil Wickramasinghe and his blunders during the past few months and the fact that he is now the PM of a minority government and a warning what to expect if he ever become a PM on his own. MS had nothing to do with my comments.

            By the way I forgot to mention two other political blunders. The clash with the Chinese government and with Field Marshal Sarath Fonseka. He not only make enemies with his own party men but also with others including some world leaders who supported SL during very difficult times.

            RWs `sincerity’ is a totally different topic that should be discussed in a separate forum. I think various articles and comments in CT on CB bond issue and protecting the CB governer by people `next to God’ will be a good precursor for such a discussion.

          • 0
            0

            Hello gramberg, Well said and well written view thanks. Yes, Many Srilankan’s are emotionally dented due to their parochial thinking and Myopic visionary.

  • 3
    1

    The writer is right in theory, but only in theory. The Ranil-Sirisena administration was/is not a strong one due to political circumstances. Hence it could not afford to be too ambitious and and get rid of all the muck in the higher judiciary. It is for similar reasons that it is not going after all the big time crooks of the previous regime.

    Ranil-Sirisena are only partly to blame for this situation; the people of the country to continue to endow much power to Rajapaksa forces and other rotten parts of the previous regime have to bear the greater part of the blame.

  • 7
    0

    I do not think that the present group can risk all that suggested by My kodituwakku.There is a limit to what they can do with the present mandate,to wit with Nimal Siripala and Susil Premajantha being no better that Weerawans, Dines, Vasudeva and Gamanpila.

    I think the govt should get a clear mandate and then proceed to remove the culprits.

    If there is a provision the Govt should seek to impeach those two judges.

  • 1
    0

    Naga

    I am in total agreement. The judiciary needs complete overhaul. Some of the appointments are appalling.

    Look at even some of the PC appointments. All political catchers are rewarded.

    One of the biggest issues is that judges are looking for a life after retirement an hence the reason to curry favour with govt. They want foreign service postings or appointments in Commissions.

    This issue is there in a big way with service chiefs as well.

    All these guys should be taught how to retire gracefully.

  • 4
    0

    And what if the 19th amendment included the removal of all the SC judges would you think the renegade, corrupted and utterly irresponsible opposition would have let it pass?

    Remember this is the opposition who slept the night over in parliament, had a paduru party and consumed liquor all night long in the hallowed precincts.

    Why, the ageing actress and a Rajapaksa worshiper Malini Fonseka got into a pair of jeans and T-shirt which prompted the ever romantic and corrupt former minister Mahindanada Aluthgamage to sing ‘Oh, Oh Thusara’ in a drunken stupor while the old dame danced.

    These are the ‘patriotic’ politicians we have in the opposition!

    • 0
      0

      You are correct. The passage of 19A was butchered, and stripped by the the opposition in parliament. A classic example of mad dogs in action.

  • 1
    1

    Nagananda is attempting to load a lorry load of goods into a Baby Austin.

  • 2
    1

    It appears that the judiciary is functioning in the same way it was functioning under “CJ” Mohan Peiris.
    The “rotten apples” are still there.

  • 0
    0

    The main issue here is: Those in authority always make a mountain out of a mole hill. For example: If Mr. GR is questioned as regards a wrong doing, the facts to be questioned must be very clear and an answer to be obtained must be confined to a “Yes” or “No”. That is called “Common Sense” very well understood and clear to the ordinary, but powerful voter who will decide on who to govern the country. If “Mig 16” aircraft have been purchased and payments have been made; but cannot identify the “seller” who took the money, what more to ask, other than to “demand” an answer and ask the name of the seller to whom the payment was made. If unable to name the “seller”; file a case and claim to recover the “unaccounted” money. Isn’t that simple as that?

    Now with the “over loaded” cases that are investigated, the “ordinary man” has become impatient and the level of frustration is fast growing to busting levels, because this “COMMON SENSE” approach is not to be seen adopted in handling the urgent matters to be sorted out. Please note the “ordinary man” will become “extraordinary” in the coming months at the rate these investigations are handled.

  • 0
    1

    Yes M3 has given his ruling first after giving the ruling only he setting the Internal war crime Tribunal. Even before comming to power he has given the ruling of the war crime inquiry. Where is Justice. You have to trust and be faithful to these Things. The victims are weakened by so may inquiries started and at the end abandoned so many times. The victims and witnesses are subjected to physical and mental stress. They get ill and poor and die. Then there won’t be any one to give evidence. That is the justice of sl judiciary. It will be kike a commission of inquiry in the past. put it somewhere and burn it. in other words cleverly executed genocide.

  • 0
    0

    The muck continues to pile up however lesser but surely. ABANS should given the contract to clean and clear the area. Knowing how spiritual our politicians are , chances are that they might demand a bribe from it.

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