23 September, 2017

Judicial Corruption: Chief Justice Priyasath Dep Also Charged For Corruption

By Lacille de Silva

Lacille de Silva

As a public-spirited citizen, and with wide experience having served the public sector for nearly four decades, I am fully aware that corruption in all sectors in the country has pushed Sri Lanka backwards causing irreparable damage to the Nation. It is sad that in Sri Lanka, although it is a representative democracy, it does not have an independent judiciary. In this country it is observed that the Executive, Legislature and Judiciary do not respect the doctrine of separation of power, which is honoured by leading democracies in the world. The norm is that these three organs shall function independently without encroaching the areas assigned to each other by law. However, it is observed that in this country the judiciary is powerless to check the other two organs that openly challenge its independence and authority, particularly the legislature, that is infested with criminal elements who should have been behind bars.   

Judicial independence no doubt could be considered essential in our country for upholding the rule of law, yet the Yahapalana government that promised upright judiciary has failed the Nation. It is vital that the public should have full confidence in the judiciary and in accordance with the UN Declaration, which says, I quote “all the better safeguarded to the extent that the judiciary and the legal professionals protected from interference and pressure”. It is embarrassing that the government of Sri Lanka co-sponsored a resolution (A/HRC/RES/30/1 dated the 1st October 2015) at UN conceding that the people have no trust and confidence in our judicial system. After the new government was elected to office in 2015,  the Bar Association  of Sri Lanka (BASL), issued a press statement,  I quote, “the existing judicial system in this country has not met the confidence of the people and that it is an undeniable fact that over a period of time the independence and credibility of  many of these institutions suffered resulting in an erosion of the confidence in the system as a whole”.

After independence, for a considerable period of time, We Sri Lankans had the privilege  of enjoying a professional and independent judiciary.  It could have been probably because the Soulbury Constitution had insulated all State officials including the judges from officials of the other branches in the government until it was repealed in 1972.   After the annulment of the Soulbury Constitution, the judiciary has been failing to enforce the Constitution and Human Rights and we have heard of instances where the judges had favoured their friends, relatives,  and associates and given verdicts in order to punish their adversaries.

It must be stated that the 18th Amendment vested unrestricted power over the judicial appointment on the Executive President. Then the Yahapalana administration that promised the people an independent judiciary through its 19th Amendment re-introduced the Constitutional Council to restore the judicial independence. It has however been revealed that these constitutional obligations too have been wilfully and intentionally disregarded and overlooked by the Executive and the Legislature. I am totally in agreement with the Public Interest Litigation Activist Nagananda Kodituwakku (NK) that the 14th Amendment Bill, that allowed defeated candidate enter parliament through the National List has been made law by fraudulent means, which no doubt amounts to a serious Constitutional fraud involving the Legislature, the Executive and the Judiciary. It is therefore the duty of the Yahapalana Government to strengthen the judiciary so that the government becomes more credible in the eyes of the citizens and the international community. It is also the most appropriate step in this particular case to permit the judiciary to review the matter lawfully, independently and impartially because the matter raised by NK is an important national issue concerning the ‘Franchise and Election’.

According to the facts that had been unearthed by Nagananda Kodituwakku, the bill that was considered by the 12-member Parliamentary Select Committee headed by the then Prime Minister, Ranasinghe Premadasa, did not contain the provision that had been stealthily incorporated subsequently, pertaining to the Franchise and Election Law (Article 3). The evidence shows that there had been two 14A Bills in circulation in the Parliament and the Speaker had ratified a bill fraudulently, which had not been approved by the Parliament at the Committee stage, where a foreign clause, within brackets, had been surreptitiously introduced.   And the relevant parliamentary proceedings demonstrate that no member has proposed any such amendment to the bill presented to the house by the Prime Minister.

However, the evidence filed in the Supreme Court challenging this constitutional fraud reveals that the then President J R Jayewardene had referred the Bill with the false clause to the Supreme Court with a letter dated 8th April, 1988 sent to the Chief Justice with a note addressed the CJ – I quote “My dear Chief Justice” and had requested CJ to approve the said bill with a fraudulently introduced clause into the Article 99 A, which had never been approved by the Parliamentary Select Committee on Franchise and Elections. 

It is crystal clear that the relevant provision has been incorporated in violation of the defined procedure. It is therefore unconstitutional in terms of Article 82 (6) of the Constitution. Owing to this serious constitutional fraud, the public has been deceived and kept in the dark by the Executive, Legislature and the Judiciary. 

I have reasons to believe that I too have a solemn duty and a formal responsibility in the name of the country and the General public to take steps, with the sincere hope and commitment to restore dignity and confidence of the judiciary, while striving hard to stop further deterioration, trust and confidence in it. It is no doubt we need judges who are open, independent and act in terms of prescribed law. It is therefore of paramount importance to initiate corrective measures, at whatever cost to highlight the issues of corruption in the judiciary against serious corrupt practices involving the judiciary. 

It is vital the judiciary should perform their duties not in keeping with the dictates of politicians. Owing to these implications, there is a serious danger to judicial independence. It must not be forgotten that Judges should not be dictated by politicians. They are in fact the guardians of the country and the people.  The bedrock of our democracy is the rule of law.  We need an independent judiciary.  We need judges who can take decisions independent of the politicians and who do not subscribe to the political winds that are blowing to destabilise the country. We need judges who protect rights and privileges of the citizenry prescribed and embedded in our Constitution. All those rights secured in the Constitution are worthless if we do not have an independent and a virtuous judiciary. I quote a Latin phrase FIAT JUSTICIA RUAT COLUM, which means “Let justice be done though the heavens should fall”. Could we expect such a upright judiciary in this country? Further I invite the reader’s attention to the role of the judiciary in a representative democracy where the judges exercise people judicial power on trust. The celebrated English Judge Lord Denning remonstrates that ‘judges cannot afford to be timorous souls and they cannot remain impotent, incapable and sterile in the face of injustice’.

In these circumstances, in my opinion both the former and the present Chief Justice appeared to have overlooked this critically important matter of NATIONAL IMPORTANCE as required by Article 132 (3) (iii) of the Constitution. I understand that the rights activist NAGANANDA KODITUWAKKU had charged the former CJ K. Sripavan for judicial corruption for the dubious role he had played in this case. In the meanwhile a fuller bench of five judges had been granted by the CJ Dep to hear the appeal made by Geetha Kumarasinghe, an actress and a parliamentarian, against her removal, in accordance with a judicial order given by the Court of Appeal that she had failed to disclose that she was holding dual citizenship in the Nomination papers. And it is common knowledge that the National List abuse is naturally a National issue unlike a private matter for which CJ Dep had granted a bench of 5 judges.    

It is observed that the National List case challenging the appointment of defeated candidates  by the Activist Nagananda Kodituwakku has been languishing in Court whilst the defeated candidates enjoy office as MPs (some of them appointed as Ministers) for more than 2 years,  whereas the law [Article 104 (H)] says such action shall be heard and determined within a period of 2 months from filing action. However, it is learnt that the Activist on 31st July 2017, had formerly informed the Chief Justice that he would not proceed with the matter, as the Judiciary had been turning a blind eye and instead makes an attempt to impose professional restrictions on the activist, who is a lawyer in Sri Lanka and England. 

I therefore, performing my duty as a concerned citizen have formally charged the present CJ Priyasath Dep as well on 18th July 2017 for judicial corruption, as the evidence suggest that he too has abused his office, having overlooked the need to appoint a fuller bench to consider a matter of grave NATIONAL IMPORTANCE and for delaying this important matter thereby denying the people of their sovereign right of franchise.

Writer is the former Secretary to the Presidential Commission of Inquiry into Serious Acts of Fraud and Corruption (PRECIFAC) and the former Director (Administration) Parliament

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Latest comments

  • 29
    0

    “I therefore, performing my duty as a concerned citizen have formally charged the present CJ Priyasath Dep as well on 18th July 2017 for judicial corruption, as the evidence suggest that he too has abused his office, having overlooked the need to appoint a fuller bench to consider a matter of grave NATIONAL IMPORTANCE and for delaying this important matter thereby denying the people of their sovereign right of franchise.”

    good on you mate,we need more and more courageous citizens like you and nagananda.Only two so far here,what about all those cardboard tarzans in the pro good governance organisations.Chandra where are you?

    • 34
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      The attacks on Nagananda Kodituwakku has confirmed and exposed the lawyers who are a part of a criminal Mafia network connected to the Rajapaksas…

      it is clear that all the criminal lawyers are ganging up to attack a man who is clearly trying to clean up a corrupt legal system in our country!!

      these lawyers attacking Nagananda Kodituwakku should be investigated…

      it will be interesting to see who are the lawyers leading this attack on him and who is behind them!!?

    • 24
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      Corrupt Judicial acrobats may now try to imprison Lacille De Silva for insulting their “impeccable” Wheels of Justice. Lacille will have the company of Nagananda Kodituwakku & Ranjan Ramanayake. Go on then boys, indict Lacille de Silva!
      Cheers!
      PS: BTW 2020 where are you? I see first signs of a civil uprsing. We may manage to lock up a handful of top operators of Sri Lanka’s rotten Judiciary, after the revolution. Though, operators of Sarath N Silva & Mohan Pieris’ kind should face a specially installed Guillotine on Galle Face green.

    • 15
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      It is now very clear that corruption is a cancer from top to bottom spead to labourer to judges and Presidents and it cannot be cured at all. We need to ask what is the fundamental issue that makes it impossible to even to slightly reduce the corruption or bring the law and order to punish those criminals. We need to ask question how many of the high powered people were punished by the law? The answer is none.

      • 7
        0

        Yes. The cancer has to be swiftly removed with surgical precision before it spreads further.

        Some say change needs to happen slowly over time with our legal system! ( you can see what this leads to “Weeratunga And Palpita Get Three Years Rigorous Imprisonment”! Only 3 year jail sentence for a serious crime!)

        But if you take that approach the cancer would have killed the patient.

        The patient being our beloved country…

        So no more slow action…

        In Sri Lanka need more time only means someone is playing a “Game of Shape” (cover up).

        This Time is then used to find ways to protect the criminals instead of finding evidence to punish and put them away!!!

        • 6
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          Our Sri Lanka politicians are the so intelligent that they have the whole world fooled…

  • 12
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    Where is Dr Ranil?…….. Uncle only addressed the CJ as my dear Friend……..And it is no big deal .. After all , he was an avuncular Uncle ………..And he didn’t rob the public purse, although he allowed his Cabinet to do it…………….The Deal is what the Nephew stitched up with his Diaspora mate Dr Mahendran…….. And it is the biggest “Deal” since King Pandukabaya, according to UNP stalwart Walasmulla Wijedasa………Dr Mahendran’s phone calls are all gone….. Son in Law got caught trying to delete them……….Wonder what happened to Dr Ranil’s Mobile Log?……..Over to you Mr Lacille………

    • 9
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      KASmaalam K A Sumanasekera

      “Where is Dr Ranil?”.

      Didn’t you see him at Dr Mahinda Rajapaksa’s residence recently?

      “And he didn’t rob the public purse, although he allowed his Cabinet to do it”

      True, he didn’t stop Dutta Gamani becoming the richest person in South Asia by swindling state coffers. At the same time his under study Basil was well trained under him.

      How clean are Bandula’s hands?

    • 17
      1

      Sumanawathie,
      Shall we start by looking at Nivard Cabral’s mobile log for that whole decade in power?
      Cheers!

      • 7
        2

        Good Luck mate…….Wait till Livera checks Dr Ranil’s log…….That is if Thalitha doesn’t give Livera the ass under instructions Dr Ranil……………

        • 5
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          KASmaalam K A Sumanasekera

          Did you hear Hindia today handed over an off-shore patrol vessel, Varuna, to Sri Lanka Coast Guard?

          Do Hindians want to deter Tamil Nadu fishermen stealthily fishing in my ancestral waters?

          • 1
            1

            Dear Native, Modi’s Hindutva Extremists killed a Woman journalist in front of her house , firing three shots in to her head. in Bangalore ……… That is how cool your Hindian mates are now ………I wouldn’t touch anything Hindian even with Ten Foot Pole , let alone getting a ride in a Hindian Naval Vessel………..But then Mallika is desperate to get Dr Ranil to sign ETCA……….Put the final nail of the Coffin to bury our Rural and Urban poor Sinhala Buddhists…….. Did you watch Dr Ranil’s spiel on TV on how he is going to make it easy for Hindians to do business in your ancestral land, that is if you are a real Vedda,……..BTW you haven’t seen Aloysious, lately… Have you ?…….

      • 9
        1

        Ben Hurling

        Will you now consider investigating all organised large scale crimes committed since 28.05.1970, including financial crimes, nepotism, favoritism, war crimes, human rights violations, illegal constitution of 1972, nationalization, inefficiency and waste in state institutions, aiding and abetting war crimes in Bangladesh, Dasa Mudalali getting favourable treatment, ………………………. , exit permit system which severely restricted movement of people and made some policeman some pocket money, …………….. ?

        • 0
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          Native Vedda the modaya: go to 1970 once you finished 2015 onwards.

  • 13
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    The qualities that one should look for in a judge are a burning desire to be fair and impartial; the courage to uphold the law and strike down injustice; compassion, coupled with an understanding of human frailties; and lastly, love for the law.

    Disce Aut Discede

  • 17
    1

    Field Marshall Sarath Fonseka said yesterday President Maithripala Sirisena was ‘playing to the gallery for votes’.

    “If a politician says he will not allow to punish wrongdoers he is speaking to the gallery for votes,” Fonseka said.

    Fonseka was referring to an assurance made by President Sirisena that no foreign party would be allowed to lay hands on former Army Commander Jagath Jayasuriya or any other war hero.

    Field Marshall Fonseka last week said he was prepared to testify that atrocities were committed while Jagath Jayasuriya was Army Commander.

    • 10
      1

      President My3 is an uneducated opportunist.
      He has not understood that in a representative democracy it is the people who have sovereign power and that he has an obligation to them to excercise that power to protect their freedom from tyranny but to protect and treat them equally under the law by letting the executive, legislature and judiciary become unaccountable.
      The word ‘democracy’ is defined in many ways and is normally understood as a system in which the people temporarily let the leader whom they elect to exercise that power for a duration of say every five years.
      In the matter about the National List by Mr. Nagananda Koddithuwaku where the former CJ Mr. Sri Pavan derisively dismissed saying that it is of NO national importance without giving any cogent reason why did not the President consider to reverse that wrong? Was it not a clear abuse of process?
      It is clear the judiciary failed to protect the democratic sovereignty of the people and the President has remained inert.
      How can a defeated contestant in the election be inducted through the back door as an MP to Parliament? Is this not a betrayal of democratic norms? Especially when the particular odious clause for permitting such abuse was surreptitiously included by former President JR by writing a letter to the then CJ.

    • 0
      1

      No foreign party should be allowed to lay hands on former Army Commander Jagath Jayasuriya or any other war hero. They became heros by eliminating the most ruthless, barbaric Tamil terrorists in the world. The armed forces of the US/UK/ EU and others have killed thousands of innocent people in foreign countries (Iraq, Libya, Syria to name a few) by invading their countries. Sri Lanka eliminated vile terrorists fed by India in our own soil. However there are LTTE terrorist supporters are in most western countries (asylum seekers) , the so called diaspora still languishing with their Eelam dreams…………..
      Field Marshall Fonseka is trying to curry favor with the International community !!!

  • 0
    4

    When you quote that [Edited out] kodithuwakku, you lose all credibility.

  • 12
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    Thengai S.

    The Bar Association of Sri Lanka (BASL) should reveal its stand on Geneva proposal pertaining to foreign judges without further delay. Pointing out that the BASL couldn’t remain silent especially in the wake of the latest report by UN Special Rapporteur on the independence of judges and lawyers,

  • 4
    0

    We the citizens should strongly oppose appointing retired judges to any positions where they get remunerated, by the govt. It is this practice that has eroded the independence of judiciary more than other factors. The judges are having an eye on such positions and trying to please those in power with their judgements so that they get picked for those positions.

  • 8
    1

    There was aphoto of the Present CJ and the Prime minister Ranil Wickramsinghe published in a newspaper. That shows a clear violation of conflict of inrtersts common sense trust. I suppose the country’s prime minister (or the parliament) and CJ are considered two pillars of the system. At present, Ranil wickeasinghe is a suspect of the Central Bank day light robbery even though in law less sri lanka, he is not stepping down or arrested. Besides, his one of the most prominent ministers had to step down. In that situation when CJ has conversations with PM means country’s system is not working. It is corrupt system where powerful fools the public. For me,. country’s higher courts prosecuting a public activist – lawyer means that system is engaged in oppressing the public. that looks like some kind of dictatorship from thr govt.

  • 2
    7

    I think firing Wijedasa Rajapakse is a coup set up by the NGO forces funded by LTTE Tamils living overseas. NOw, they are doing something else. I think Ranil and Mangala Samaraweera are allowing all these to happen. Mangala Samraweera removed Sri lankan intelligence officers too. Now, NGOs and Tamils are playing there.

    • 2
      1

      Softy,
      Would you like a Prozac?
      Cheers!

  • 12
    0

    The Registrar of the Supreme Court is a sister of one of the judges ! All benches could be fixed to suit the case.

    If it is a case concerning the Opposition or the Rajapakse family we can always have judges like Priyantha Jayawardena ( Basils former advisor and associate ) ,Aluvihara ( promoted for prosecuting SF) Malagoda( humbly canvassing MR for post ), Nazwaz ( so many allegations against him)

    There is no independence but only total dependence.

  • 0
    6

    This shows very well that the removal of Wijedasa Rajapakse is another coup.

  • 13
    0

    In Sri Lanka, seeking justice is very expensive. Poor and ordinary public servant can not afford to file a case in any court. Lawyers fees are highly expensive. The lawyers in the institution which proclaim are not much interested in cases and they are mostly incompetent. Cases are delayed for several years. So many people are suffering in silence and digest a number of injustices meted to them believing the case will be file in the court of God. Who cares of these. Justice should be accessible to even to ordinary citizens. Judges are making judgement based on the arguments. People need judges that they need see the fact even though they are not presented and argued for the sake of granting justice.
    Dr. A.M.Jazeel

    • 3
      0

      Well said and your comment is the most worthwhile on this blog.
      Our legal system is one of the most corrupt and should be challenged.
      Court cases going for decades is cruel and not acceptable and it only line the pockets of the crooked lawyers.No government has ever tackled this.
      Another injustice that is happening in this country is to transfer people from one place to another causing immense hardships to families.
      We are supposed to be a tolerant country and people but I don’t see that from road skills(driving habits) to to the judiciary and people above.
      One example is to build your house on your land in the Kandiyan areas need to jump over several absurd obstacles like the NBRO where some prevailed people could do without it while hardworking plot owners are never allowed to build which make the worse drama out of a disaster just suppress people going about with their lives.
      Crooked politicians and people in authority are responsible for this sorry situation in the country.
      We need to clean the country with the right people,perhaps with a new party.

  • 9
    1

    Jim Shit,

    Dont you know that your mango friend dealdasa was a mole set up by Machiavellian mendacious Jarafucksa to scuttle Investigations

    • 0
      3

      Bull shit !!
      He was removed mainly to satisfy Geneva(Ben Emerson) who got an earful for playing double games.
      Secondly never trust these two ruling buffalo and cattle, they could be up to something.

    • 0
      4

      Barking Rotten Fish: I think. Tamils are wasting ill gotten money while prostituting your dalit women and smuggling drugs to screw up wijedasa Rjapakse. So, Ranil, Avamangala probably CBK behins, so the MY3, gang got screwed up Hanging to always losing Tamils means Ranil, MY3 gang will lose this time and big time. Because, Tamils always hang to sinking ship.

  • 2
    0

    You must go into DEPTH to ascertain corruption of the Judiciary.

  • 5
    0

    Judiciary including the private bar are so corrupt that they don’t even seem to see that themselves.
    They didn’t hesitate to bark at Ramanayake when he called spade a spade and now when he threw the challenge back at them the bar has become like the cat that did it on a rock!

  • 3
    1

    Right now our perception of “corruption” is something to do with bribes/misappropriation on mega scale. This has become the ambition of the chosen few with political connections. This leads to nepotism, culture of impunity etc which although technically corruption, are secondary.
    Lacille de Silva (and CT) are sensationalising a probable administrative lapse via the eye-catching title “Judicial Corruption: Chief Justice Priyasath Dep Also Charged For Corruption”.
    What Lacille has done is no more than a sort of “Public Interest Litigation”. It is not not not charging the Chief Justice for corruption.
    A bane of this century all over the world (stress ‘all over the world’) is the political interference with the judiciary. Upholding the rule of law is the duty of parliament.
    The JR J episode mentioned here is not corruption. A former Chief Justice was impeached because she was not pliable and was a potential threat to the corrupt.

  • 5
    0

    Thank you for this courageous article. It is good to expose the fact that institutions that should be least corrupt have become tainted. The twin faults of communalism and corruption will not let Sri Lanka emerge into light. We have been blighted by both and they are interconnected.
    The rot started when Nagalingam was passed over and Basnayake was made Chief Justice. Then, there began unsavory appointments by Bandaranaike. Every schoolboy shouted “Ado Pathirana” when an umpire at a school cricket match gave what he thought was a wrong decision, the name being that of a Justice appointed by the “Ape Anduwa”. The slide then began with Chief Justices like Sarath Silva who gave nakedly political judgements, some of them, like the Singarasa Case, being nakedly communalist and some supporting corrupt deals that were made during Chandrika’s regime.. GL Pieris picked out an academic colleague to be Chief Justice, a decision that sat uneasily with the Bar. There is an urgency to start anew but this will not happen simply because the politicians from top to bottom are corrupt. What a mess we are in. Thank you Mr de Silva and all speed to Nagananda.

  • 2
    0

    this is great artice with timely manner ,total action by the court system to stop greap peope will not be success and entire coutry knows how our entire legal system is corruoted abd politically motivate. just read the dirty supreme court judgment with reagarding giving more terms to previous president , no needs more to write. many more suprme court decision in resent past were politically motivated and without any merit.

  • 0
    0

    The President of MS as role of chief executive of nation has interfere Judiciary day that he become President of country 2015 January 9th .
    The very first day he removed Chef Justice Mohan Perires then an appointment one person of female as Chief Justice Dr Sharinee Banadarake after over night she removed or exit by her own it was unknown to public and then appointment K Sivapalan as Chief Justice to Supreme Court?

    MS want do Judiciary’ revolution’ by changing one after one CJ is he called New “RULE OF LAW” that endorsed by USA, UK and Indian Embassies in Colombo?
    These western experts call is” Good Governances “has been restoration by regime change of politics by UNP and CBK?
    MS is uneducated and not a learnt President that time he was former Grama Nildari been such position the system Judiciary has created new disorder.
    MS was selected Presindital candaitue by UNP- Ranil Wicks and CBK of former President of SL, she who ruled and ruin the country 11 years doing nothing to Our people of Island?
    The entire system of Judiciary in Sri lanka living is in uncertainties and chaos ,that Rule of Law and Sovereignty of Law has disappear once and from our soil !!!

  • 1
    0

    There is no representative democracy in this country, it is just party rule, and these parties are funded by the vested interests in this country and their representatives are in no way the representatives that you or I chose in the first place.
    We should begin to change this by electing people who are really interested in serving the country to the municipalities and local bodies and educate the people about voting for them and not for yes men of political parties. This is easier said than done, but rest assured that a planeload of Naganandas or Lacilles or Ramanayakas will not change this country till we start electing representatives whom we want and not the bumsuckers who represent vested interests.

  • 1
    0

    It is obvious when SC ignores substance of the priority of cases and file suit against NK that the CJ is guilty. Bar Assn. (Barry Assn.?) has important role to play, if they are for the people. We dont have legislators, but rogues in the legislature.

    • 0
      1

      I think Bar Association has foreign connections.

  • 2
    0

    ,Sri lanka school text book used to have great topic call “judgment of king kakllie -so many of supreme court judgment in sri lanka same .so now people should know what is the reason school book ‘inluded judgment of king of kakille. we must be very happy we sill have great people to come forward and write this nature of article.

  • 0
    2

    Under currents running through the land.
    Fonseka getting voice ferocious………..6.2m voted Sririsena need to be aware as he will suddenly find the grass under his feet cut…………..
    Fonny will grab the top job assisted by his friend Anura Kumara of JVP.

    At present we do not know which way the wind blows. External currents remain strong.
    The country is in for another major change or upheveal…………
    God bless Sri Lanka.

    • 1
      0

      I think JVP is the only party that can be supported at present. JVP is the only party who had strength to declare their assets. that emans all other 218 are public thieves. Even if gotabaya Rajapakse comes, Other Rajpakses will be behind him and he won’t be able to work except protecting the gang of thieves.

  • 2
    0

    This complaint is more academical to the ordinary citizens who have Cases pending for years. I suggest
    the first female Minister of Justice does something marvellous – get a few Judges/Magistrates/Cour staff to voluntarily come forward to do a second-shift in the Courts, for say a 25% addition to their earnings, on 4 days
    a week, till the No. of Cases, are reduced to 25% of the present numbers related to their Courts?

  • 1
    0

    The people of majority of Sri Lankan are looking for New Political Party ,that line with New Era Democracy of Sustsnsibility of Capitalist development. People of the majority are fed up mis-governces of the SLFP and UNP leadership, as well as People are an opposed Old Members of Parliament 225 of regardless what the ever the parties they belongs. Until changes of leadership and set of policies of old political Parties their organization of political operations they cannot mend their path of politics in Parliament? They never change at all!@
    We have no future for the country!
    MS is not that Right replacement “good governances” and “rule of law”, why is that ? MS was by products of Old SLFP which turn into UNP is easy way for clime that highest ladder of State NOT difficulty.
    The Ranil Wicks is incorrigible politician of UNP leadership, that he ever-never repent any damages done to Sri Lankan over his 40 years of “Political services” an Island!
    While CBK is non important politician of her 11 years rules(1994 to 2005) did nothing to country, but keep her image of maintain House of Banadarake clan of mixed Tamil-Feudal of dynasty in center of SLFP.

    Last 70 years has proved beyond doubt that SLFP and UNP were inability delivered what ever their politics by eradication Poverty and Development cannot bring by Planned way of Economy. developing ….Sri lanka.
    What do we want to stand in near future ?

    • 1
      0

      Ranjith. G. An elderly gentleman in Jaffna proposed to the Lal Wijeyanayake Panel that membership in Parliament be limited to ONE TERM only and the same should apply to local government membership. I support it.

  • 2
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    Mr. Lacille de Silva. Thank you for a timely article. I hope the Judges, President, PM and Parliament take note.

    Dr. Jazeel. Yes filing a case is costly and decision take many years especially the appeal process. We need to appreciate Kodeeswaran, then a civil servant, filed a case against the “Sinhala Only” Bill in 1956 (I think). The District court – Judge de Krester – gave a decision in favour of Kodeeswaran. The Government appealed to the then Supreme Court, it did not rule on the constitutionality of the Bill. Kodeeswaran appealed to the Privy Council. The Privy Council referred the case to the Ceylon Supreme Court in 1971 for it to rule on the constitutionality.
    Mrs. B and the “Glorious” Left flipped and sold their Soul and formed a Constitutional Council, illegally, and crafted the 1972 constitution (The TULS walked out.) and appointed a new Sri Lanka Supreme Court. Kodeeswarn’s case became a ghost. The Ghosts of the de jure Ceylon Parliament and the Supreme Court roams the Island. Sri Lanka paid the price in lives and limbs lost with the whole country suffering from PTSD. Poojahs and tying “Nools” on wrists is not going to make the Ghosts go away.
    Now the Ghosts of those who surrendered or captured and were summarily executed by members of the Armed Forces on their own or by orders of higher command are screaming for justice. They did not have their day in court. Those who have seen the picture of 12 year old Balachandran Prabaharan, youngest son of the LTTE leader, in captivity and his perplexed look, and then the picture, taken on May 18,2009, of his body riddled with bullets will not rest until the perpetrators are brought to justice by an Independent Court with international judges. We as a country should ensure justice is done for the souls of the victims to rest, and their families can live in peace.

    Lacille de Silva’s quote below should be remembered by all; “I quote a Latin phrase FIAT JUSTICIA RUAT COLUM, which means “Let justice be done though the heavens should fall”. Could we expect such a upright judiciary in this country? Further I invite the reader’s attention to the role of the judiciary in a representative democracy where the judges exercise people judicial power on trust. The celebrated English Judge Lord Denning remonstrates that ‘judges cannot afford to be timorous souls and they cannot remain impotent, incapable and sterile in the face of injustice’.”

    Judge Lord Denning is the one who returned Kodeeswaran’s appeal to the Ceylon Supreme Court for it to rule on the District Court’s decision that the Sinhala Only Bill violated Section 29 of the then Constitution. The 1972 Constitution omitted it and the spirit of it.

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      Lest an error be perpetuated, the maxim should end RUAT CAELUM not COLUM.

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      Ethirveerasingam
      “Those who have seen the picture of 12 year old Balachandran Prabaharan, youngest son of the LTTE leader, in captivity and his perplexed look, and then the picture, taken on May 18,2009, of his body riddled with bullets will not rest until the perpetrators are brought to justice by an Independent Court with international judges. “

      what is so great about his son.Why not all the sons and daughters whether sinhalese or tamil that have died in the 25 year conflict mainly due to him.What goes around comes around they say.You reap what you sow.

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    Mr Nagalingam ……
    Indeed our democracy system is out of order and not an operated consent of will of Majority’s Democracies ?
    The system of colonial of “democracy ” has absorb by all anti- democratic valued has been institutionalized during last 70 years of Rule by UNP & SLFP @
    But the Tamil Parties, Classes the politician of FP, TULF and TNA Not play vital role of the National democratic task >
    They were out of system of Democratic , only seek “Homeland” New frameworks out-side Parliamentary system of governances. !
    The Idea of Tamil political class has left is pure an issues of Majority Problems of Sinhalese , those issues that Tamil leaders & Parties has said, that nothing do with them?
    That is partly betray of Right to participation of Democracy by People of Tamil and their Political leader has an open path for give to FREE hand to in South Political run corrupted governances in an Island?

    On the other side JVP and LTTE are arch- terrorist by in born and diehard anarchist ,who were against principle values Democracy system of Governances run by Parliamentary norms of rule.
    They (JVP+LTTE) were not working to enrich Democracy .
    The majority People confident are that middle between Democracy versus Terrorism versus Separatism?
    The result of that UNP and SLFP went through the range of corruptions many forms of the rule of governances .
    These two ruling parties (UNP +SLFP) has institutionalized all sorts of frauds and corruptions has turn that part and parcel in our society. Political oriented Corruptions play key role that has come to accepts norms and values from top to bottom of society… the CORRUPATIONS leads to New normal values of democracy!

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