23 October, 2021

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Judicial Recusals, Delays In Shani, Rishard Cases Spark Concern Judges Are Running Scared Of Gota Regime

The conduct of members of the upper judiciary in recent weeks has drawn questions about whether judges in Sri Lanka are afraid to hear controversial cases, especially those seeking redress against executive overreach, abuse of power and vicious persecution by President Nandasena Gotabaya Rajapaksa.

Former CID Director SSP Shani Abeysekera has borne the brunt of this affliction in higher court judges. Abeysekera was arrested in July 2020 and remained in police custody since. Over the past year in remand, SSP Abeyratne, one of the country’s finest criminal investigators, has suffered a heart attack, contracting Covid-19 and enduring emergency heart surgery.

On May 19, when Abeysekera’s bail case came up before the Court of Appeal, an eleventh-hour recusal by Justice P. Kumaratnam condemned the former CID Director to another three weeks in remand, despite his lawyers pleading for the case to be taken up on an urgent basis with Covid-19 spreading through the prison system.

Abeysekera, as a heart-patient with several comorbidities, is vulnerable to the virus which he already contracted once late last year. A second infection could be fatal and complicate his current medical issues.

However, with Justice Kumararatnam recusing on May 19, the case could not be heard by a single judge. The bail hearing was postponed until June 4, but this was not to be.

Abeysekera’s lawyers were contacted by the Court of Appeal Registrar, who informed them that the judge due to hear the case was unable to return to Colombo due to the heavy rainfall. The case has been postponed as a result for 10 more days.

Shani Abeysekera’s bail case is likely to be an uphill battle, with the new Attorney General eager to prove his worth to the political authority, sources told Colombo Telegraph.

Also on June 4, the fundamental rights petition filed by ACMC Leader Rishard Bathiudeen was postponed after a second judge listed to hear the case at Supreme Court recused himself. When the case came up before Chief Justice Jayantha Jayasuriya and Justices Thurairajah and Yasantha Kodagoda, the latter recused himself. Justice Kodagoda served as a criminal prosecutor at the AG’s Department before being promoted as President of the Court of Appeal in 2019. Since being promoted to the Supreme Court by President Gotabaya Rajapaksa mere months after he was elected to office, Justice Kodagoda is yet to hear politically charged, or controversial cases in the SC docket.

Rishard Bathiudeen

Justice Yasantha Kodagoda famously ruled in the citizenship and eligibility case brought before the Court of Appeal that nearly derailed Gotabaya Rajapaksa’s presidential bid. In his order dismissing the highly-charged case, Justice Kodagoda castigated the petitioners and accused them of being political mala fides, as he cleared the way for Gotabaya Rajapaksa’s electoral victory on November 2019, even as questions still remain about whether the current President ever legally obtained Sri Lankan citizenship. As a prosecutor at the AG’s Department, Kodagoda handled some of the Department’s most sensitive and complex criminal cases, including the 2006 MiG deal and the Keith Noyahr abduction and torture in 2008.

President of the Court of Appeal Justice Yasantha Kodagoda was sworn in as a judge of the Supreme Court before President Gotabaya Rajapaksa

Bathiudeen’s FR hearing was previously postponed at Supreme Court after Justice Janak Silva recused himself on the basis that he had served as Chairman of the Presidential Commission that investigated the Easter Sunday Attacks. Bathiudeen was arrested by the CID and is being detained under the Prevention of Terror Act (PTA) in connection with the 2019 bombings. Significantly, Justice Silva’s Commission investigated allegations against the former Industries Minister and found no evidence of wrongdoing on his part in connection to the attacks.

Legal observers worry that the trend of judicial recusals was leading to endless delays for victims of persecution by the Rajapaksa administration. The postponements play into the Regime’s hands, the observers said, with those seeking redress from court against injustice being compelled to waste away in prison until a judge is willing to hear their cases. “The more controversial the case, the more likely you are to see several recusals. In Shani’s case or Rishard’s case, it’s clear that the judges might not want to make a decision that will anger or upset the government, which has made it obvious that it wants to punish these people as much as possible,” one senior lawyer told Colombo Telegraph. (Chinthika De Silva)

 

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  • 90
    3

    The country has gone past the point of no return …….. it only took a few shameless leaders ……. to do their handiwork …………

    And they call themselves disciples of Buddha!

    • 14
      17

      [Edited out]
      Keep it relevant. We know that some conversations can be wide-ranging, but if you post something which is unrelated to the original topic (“off-topic”) then it may be removed, in order to keep the thread on track. This also applies to queries or comments about moderation, which should not be posted as comments.
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      • 4
        10

        Very Good. Apply consistently.

    • 42
      2

      No doubt, successive govt have proved that it is not possible without foreign judges.
      :
      Srilanken judges are today no different to domestic servants of a house. Please look at the way they stay mum … how they exonerated those criminal investigations of Rajapakshes and their henchmen.
      :
      UNHRC, over to you, please study them closely. If a nation cant bring solution by their own, the need of foreign judges are essential in order innocient people be protected. Nothing seems to be transparent in today s context under highly alleged criminal leadership.

      Aba saranyi to SRILANKA !

      • 3
        0

        With innocent honest people appealing to countries of honest political ,cultures to make provisions in their courts to prosecute leaders who are corrupt and casing crimes in the third world.
        Watch what is going to happening to that leader in Sudan.Likes of him will be arrested as soon as they leave their countries and they may even force land planes carrying these corrupt politicians. I sincerely hope likes of Gotabaya will allow all the freedoms that is practised in all decent countries. Allow freedom to judges and allow Shani bail.This might even creat prisons in the third world countries where they will have full control.EU and UK have many islands to keep them locked up.Hope we are not going to be another Myanmar or Belarus.

      • 9
        0

        After WWII, various troops are stationed in Germany.
        :
        I think if OUR men had brains, we could also rely on international ASSISTANCE in the rebuilding of the nation.
        :
        First the nation and then the country. But Rajapakshes thought, where the sun is shining to make their hay. That is how Rajapakshes and their WANDIBATTAYAS became untouchably rich…. how can you afford to invite 5000 guests to the wedding ceremonies of MR s siblings, if his family wealthy remained as had been prior to 2005 ? Mahinda Rajakashe is the key person to have ruined this nation. His acting is not yet clear to even dear wife. Very cunning person by every means. No matter ELEPHANT-HUMAN conflicts and earthslips take the lives of the INNOCIENT people who are really in NEED balligeputhas live EXTRAVAGANZA lives on the COSTs of the people.

    • 18
      2

      NF,
      .
      This nation should be taught to differentiate “right” from ” wrong”. Whole lot of srilankens, calling themselves sinhala buddhists, get caught by any easy tricks being played on them by politicians and their MEDIA fraudsters. Like for example, the manner few millions rushed to Kelaniya temple, just because that MAD MONK, though wearing SOBONE title, made a public statement, the water snake locked in a plastic bottle was the one to have carried that PITHTHALA PAHANA- BRASS LAMP (made in pilimathalawa) filled with FAKE RELICS…. fake monk s pictures the manner , he placed those fake relics next to real ” relics” went viral through TV displays. During my last visit paid to srilanka (Feb 2020), I happened to disucss this with ARMY GUARD men at temple gate, they revealed me a to z of the incident, with some evidence gathered coincided with to those of them…. people were totally misled… to the very same manner, whole lot of people gathered to drink that ” concoction” mixed by a total mad person being controlled by KALI AMMA…. among them, there were also MBBS and BSc Eng… as ones travelled to the place to collect those paniya.. ha ha… not even my PET dog would agree, with those men, however, AVERAGE srilankens would get caught by any stupid man’s easy tricks.

      • 3
        1

        “This nation should be taught to differentiate “right” from ” wrong”.”

        LM,

        It’s highly unlikely that most Lankans don’t know right from wrong. …….. when in Lanka, they follow the mode of “collective” behaviour set by the leaders and the rest of society.

        Lankans are the best behaved and most law-abiding people in the countries they have settled in ……… especially in the “White countries.”

        And that baffles me no end.

        • 5
          0

          Dear NF,

          Thanks very much for your comment.

          I am afraid, I beg to differ with your statement above. I have studied this closely and I have got the facts. And today, I am not even meeting our fellow srilankens in Europe.

          “Lankans are the best behaved and most law-abiding people in the countries they have settled in ……… especially in the “White countries.””

          This is common to all races from SL when living out of the country. Look at some behave in Dubai and those sharia-law bound middle east.. There are drug dealing sinhalese and tamils in Switzerland. And also there are tamil/sinhala/muslim srilankens in prisons of several countries in Europe (Germany, France, Italy and several other countries).

          You should come to Italy and UK. There you will see it by your own how our people behave. In Italy, there are areas called ” Wennapuwa”: Most srilankens living there come from SRILANKEN wennapuwa. As my italian friends ( most of them are italian doctors in hospitals) share me a lot beetle eaters in some parts of Italy. Once i happened to explain them about bulath eating habbit of our people. That is not unique to srilankens but also yemanese and many other countries in like minded countries in asia..

          • 2
            0

            LM,

            “You should come to Italy and UK.”

            We travel extensively almost every year ……. except this year due to the pandemic. ……. last year we did most of Latin America and got home just before the pandemic hit and all the borders got closed.

            SM said you live in Germany …… one of our favourite places ……. but not the food though! …… I will write about some of our experiences/observations when I have a little more time.

            “There are drug dealing sinhalese and tamils in Switzerland.”

            True. ……. I was not speaking about the criminals of any society ……. but the “educated middle-class” (for a lack of a better term.) Don’t you think the behaviour of the “educated class” is shameful in SL? But these same people will behave very differently when they are in other countries …… especially in “Anglo” countries.

    • 17
      2

      We have no other choice, but to beg INTERNATIONAL COURT to work on the due justice in terms of our good Shani Abeysekara. After his arrest,how many times he went through serious threats with his health- this gentleman deserves to be treated with lot more respect considering his good records, impartial acts during his whole carrier.

      As told you guys somewhere, what is being practised in SL is not buddhism, but buddhagama which is a life style based on MAHAWANSA. Mahawansa is said to have written by Mahanama, and the SINHALA version is proved to have numerous failures. Howeever, that has not bene subjected to revisions, nor would FANATIC monks would ever allow it to be revised…. they want to live being based on untruths. As any child would question, what they knew going by archaeologic sources, by the time, the script was drafted were much less compared to what they have at their hands today. All these are like talking to walls. Mahanayakas should wake up from their long slumber if they really intend to save this nation.

      Sinhala buddhist monks and decorative animals (Elephants for example) have much in common in their functions. We can understnad the animal behaviours, but SANGAs wearing cheevaraya to behave like decocrations to political parades almost destroyed this country and culture as of today.

    • 3
      0

      nimal fernando

      If you think we talk bull through our keyboard listen to and watch this clip:
      https://www.facebook.com/SLPoliticalMeme/videos/1450716901942770/

      Our president is brilliant.

      • 5
        0

        Native,

        I don’t have a facebook account to watch it!

        Is it on YouTube?

        You are the last person I thought would be encouraging facebook!

        • 3
          0

          NF,
          .
          welcome to my club.. me too another without FB account.

          We are the rarity in today s world.

        • 1
          0

          nimal fernando

          You do not need a FB account. Just click on the link.

          You need to be able to access information and fake news through all kind of social media to know what is being manufactured in the name of media freedom.

          I haven’t checked youtube.

    • 7
      0

      NF,
      .
      I would not put the blame only on POLITICIANS.

      Just imagine, that PATTAPAL HORA from Kandy, by name MAHINDANANDA ALUTHGAMAGE, is said to be a beggar 15 years ago, there are sufficient info about his “salesman job” which allowed him – not ven 1500 rupees those days, has now become UNTOURCHABLY wealthy ? Asked how he became such rich….. ” my generations claimed hundreds of acres, and I went to ROYAL college bla bla ” was the answer…. by that AUDITOR generals or any others in that line have not raised the question, how these bitch s sons gathered that much of funds.
      Alone to have bought a house in CENTRAL LONDON, while just being a srilanken politician is more than questionable… what happened to srilanken lawyers/judges or the like men ? Why do they stay mum as if their responsiblities are in thrash bin ?
      :
      People in general are equally wrong. I would never guess that our people would ever be able to see it right… a tiny portion is there, but they dont care much about either.

      Yet today my cousins (they are either retired teachers/Univerisity lecturers/MBBS doctors or the like) down there, sound to be praising RAJAPAKSHE WONDERS, I questioned if they changed their staple to ” PUNNAKU”, since then, they dont want to exchange with me.

  • 48
    2

    Like the ship MV PEARL THE judicial system is also sinking in to the deep sea with no likely hood of return.if any body need to get urgent settlement they may be able to get it from the HIGH COURT THAT WILL BE SET UP IN THE PORT CITY MANED BY THE CHINISE JUDGES-JAYAWEEWA.

  • 40
    1

    nimal fernando: With your permission, I would re-structure the first sentence of your comment as:

    The country has gone past the point of no return to people, but it only took all the shameless leaders who led the country for decades to do their handiwork to collect the returns for themselves, their families, and their cohorts.

    “And they call themselves disciples of Buddha”. Yes and True, because “Buddha” to them (all those shameless leaders) is a “Supper Luxury V8 SUV” that the ordinary people run behind to reach “Nirvana”.

    • 30
      1

      I believe the entire legal system is corrupt.
      When Justices recuse themselves, do they fear to rule as stated in this article, or do they recuse themselves to harass parties and keep them in lock-up to please their appointing authority?
      Judges postpone cases without timely ruling on technical objections for no good reason. We are expected to think they are lazy or over-worked, but how do we know they are not on the take?
      The Judicial Service Commission, I am personally aware, has been sitting on a complaint for two years after an inquiry ruled that the then Mallakam magistrate ruled without reading the law. Is it laziness, or protection of a colleague, or greased palms or harassment of the complainant with whom the JSC chairman had disagreements? The Chairman if the JSC needs to explain if he is interested in upholding our trust in the system.
      The Attorney General has been sitting on a file since Jan. 2020 purporting to study a case against a Tamil Congress lawyer in Jaffna. He has effectively stopped the case from moving.
      Registrars delay giving copies of the judgement until it is too late to appeal. Similarly judges read the judgement from the bench but delay signing a copy thereby eating into the time to appeal.

      • 11
        0

        “Similarly judges read the judgement from the bench but delay signing a copy thereby eating into the time to appeal.”

        Will you not be charged for contempt of Court – if Ranjan was?

      • 10
        1

        “I believe the entire legal system is corrupt”

        Ne’er a truer word said, Jeevan.

        Ranjan Ramanayake (who languishes in prison for he courage of his convictions), said the same thing and was incarcerated by a subset of these judicial buffoons for 4 years, a historic first.

        We must blame the politicians, starting from JRJ, and everyone else who followed, for their egregious interference in the judiciary. JRJ thought he would have a little fun with Neville Samarakone, one of the most respected judges in our history. Chandrika maliciously overlooked Mark Fernando and appointed that rascal Sarath Nanda “gedera yana gamang” Silva, whose self-confessed ignoring of the facts of the Tsunami case resulted in the origins of the Rajapaksa saapaya that, sadly, seems set to feed a parasitic family off this resplendent isle, for generations to come.

        Where next, Sweet Mother Lanka?

      • 7
        1

        Dear Jaffna Man:
        Your call on the matter holds more water than any of ours’.

        Surely we know Gotabaya had appointed corrupt cronies to the benches. Some corrupt cronies were already there. The cronies are bound to be loyal and we can bet they have no moral dilemmas. On the other hand, any good apple, if there’s any, is bound to fear untimely death should he/she wants to do justice.

    • 3
      0

      Simon

      I am too young to know if our former Presidents/Prime-ministers addressing the people/forum ever read out “My Government” in their speeches?
      Gota mentioned “My Government” 4 times. Is it true it his government and does not belonged to the people.

      Excerpts from Gota’s speech yesterday:
      “It brings together the Board of Investment, Colombo Stock Exchange and the Ceylon Chamber of Commerce, alongside key policymakers, entrepreneurs, and business leaders. This will encourage robust dialogue and information sharing about our investment environment, and it will highlight opportunities for direct investments as well as opportunities in capital markets and debt markets.”
      http://www.dailymirror.lk/breaking_news/Govt-s-vision-is-to-make-Colombo-Port-City-a-key-service-hub-in-the-region-Prez/108-213614

      When he said this did he have Basil (the one stop shop) in his mind?

  • 34
    0

    I don’t believe in gods and curses but I think as long as Gotler is in power this land will be cursed. This leader lied on his nomination papers. He was a US citizen at the time. His family of murders and crooks had allies who undermined the previous government and one of the chief agents of theirs is the former election commissioner Mahinda Deshapriya who should be behind bars. He is also suspected of being the Mastemind behind the Easter Sunday bombings. If true then one does not need to look far for a reason for the country to be cursed. Every policy this man has carried out has backfired spectacularly. His regime is stuffed full of dim wits who are corrupt to the bone. No respectable overseas investor will come close to the island. The environmental destruction He has wrought upon the country is staggering. Clearing forests declared reserves to promote tourism in the face of a global pandemic. Right royally screwing up the pandemic response by encouraging tourists to enter the country. The only reason this government remains in power is because they undermined the main opposition by appointing a stooge who kicks into his own goal.

  • 1
    0

    I believe the entire legal system is corrupt.
    When Justices recuse themselves, do they fear to rule as stated in this article, or do they recuse themselves to harass parties and keep them in lock-up to please their appointing authority?
    Judges postpone cases without timely ruling on technical objections for no good reason. We are expected to think they are lazy or over-worked, but how do we know they are not on the take?
    The Judicial Service Commission, I am personally aware, has been sitting on a complaint for two years after an inquiry ruled that the then Mallakam magistrate ruled without reading the law. Is it laziness, or protection of a colleague, or greased palms or harassment of the complainant with whom the JSC chairman had disagreements? The Chairman if the JSC needs to explain if he is interested in upholding our trust in the system.
    The Attorney General has been sitting on a file since Jan. 2020 purporting to study a case against a Tamil Congress lawyer in Jaffna. He has effectively stopped the case from moving.
    Registrars delay giving copies of the judgement until it is too late to appeal. Similarly judges read the judgement from the bench but delay signing a copy thereby eating into the time to appeal.

  • 27
    1

    If any reader thinks this government still has supporters in the rural Sinhala hartland you are delusional. An old family helper contacted me appealing for help. I had a long chat with him. He has debts to the finance companies he secure to buy his family a tuk tuk and some farming equipment. His loan is in erears. He has no income. His children have to take zoom classes. His village has poor cell phone reception and he cannot afford the charges for data but he struggles on. He wants me to lend him money promising to payback next harvest season. I reminded him about Gotler’s new fertilizer ban. I enquired from him how he was going to cope with this. I told him what was in the new Carbonic fertilizer Gotler keeps talking about. I told him it is nothing more than dried human feces imported from China. He was alarmed wondering out loud what more germs and pathogens may arrive if this muck was used in paddy fields. These were ardent Rajapkashe backers. But no more. Even a simple Village man can figure out what has happened to him and his family and who is responsible for it. It is about time for the judiciary to stand its ground.

    • 16
      1

      …..It is about time for the judiciary to stand its ground…….
      Well, let us believe in fairy tales and like children believe in Santa Claus, waiting for that day to dawn when judges will uphold the Law and our Constitution. Bleak future only at present, unless Nature will intervene to help us. May be all these catastrophes in SL, are that, to make it impossible for these gangsters to rule for long.

  • 24
    2

    I think we a need a revolution like the Iranian one when chased away the Shah.
    Revolution need to go after the Supreme Court and Appeal court and High Court Judges before going after the politicians.
    These judges should be put in Galleface Green and stoned to death for the suffering they gave the victims of war criminal Nandasena

  • 26
    1

    Judiciary has become a joke in SL. The Judges of all grades are supposed to make judgements that has been already prescribed by the Head of State/SLPP.
    IT IS VERY SAD TO SEE INNOCENTS ARE BEING PENALISED.Thanks to all those 6.9 million gullible voters.

  • 24
    1

    Need of Foreign Judges?

    • 5
      0

      Well if we do that, it will be a “World’s first”, as so far no sovereign country has willingly conceded judicial power to foreign judges.

      • 12
        0

        “it will be a “World’s first” “

        If I’m not mistaken …….. Fiji or some other South Pacific country at one time had a Sri Lankan as their chief justice.

        • 17
          0

          Yes Nimal.
          You are right. Fiji allows judges from the Commonwealth and Hong Kong, to hold office.
          I stand corrected.

          • 9
            0

            What is so sacred about judges , when even foreign surgeons are allowed, who actually deal with human lives?

            • 3
              0

              Dear o.c…
              That can very well mean impartial judges in the courts of law in Sri Lanka! Wouldn’t that set the country on fire?

              Can the citizenry which repeatedly votes for crooks and criminals, handle their elected being found guilty of their crimes and locked up?Shouldn’t we expect mass riots if that ever happens?

              Just dream of Gotabaya, Mahinda, Basil Rajapakshas, Shavendra Silva, Wasantha Karannagoda et al, Kamal Gunaratne, and Nissanka Senadhipathi et al being put away.
              How would the 6.9million react!?

            • 4
              0

              Dear OC
              …… What is so sacred about judges….
              Yes, agreed, nothing sacred about them, but they have a sacred duty, in each sphere of medicine and law.
              As much as a surgeon has his sacred duty by the patient to save a life, a judge has in his duty in order not let any damage be done to a community or even a Nation. The latter can be vital to all the peoples.
              He is called up in the High Courts to adjudicate on Human Rights which can affect a whole community or in the Supreme Court to judge on the Constitutional Rights of the Nation.
              Imagine the repercussions, if recently, the SC did not determine on the 35% unconstitutional clauses in the Port City Act, and it was passed. There is also no judicial review in the SL constitution.

      • 15
        0

        My view,

        In Lanken context, an independent committee of foreign judges with local experts can give lot more transparency. Today, it is obvious everyone that almost any crime investigation is biased. How can Judges behave like baggage boys to a family. Just imagine those extra judicial killings occured ones still being kept in police custody is misterious and repeating in the country today, under the leadership of Gotler.
        This is very dangerous than appeared to be. Tomrrow, we the ones visiting the country would have been targeted by their under world men. Nothing is transparent today. Many attacked decent Ranil and his policies but what he handled were thousand times decent than that of the stupid men in power today. Alone Astrazencca seond dose – saga would have been no issue, if RW or CBK were the leaders. Western leaders resepct both more than anyone, even if blatant lies in huge volumes are spread about them, misleading the nation. Tsunami funds rained in tothe country, thanks to CBK and Late FM, Mr Kadirgarmar, not because Rajapakshes. Rajapkshes filled their pockets withthat sums so as they did it with LTTE gold assets. All is public secret, but JUDGES and lanken law and order stay as if they are fed with kirimati… these men became JUDGES got their titles thanks to free education, but their behaviours are totally against their approbations.

    • 2
      0

      The law and order should given to our. double passport holder soorawansa telephone booth multi millionaire before comes to gimmicks

    • 2
      0

      Not only the judges also good governors as well ,we were so good under foreigners, we even haven’t asked for independence,but masters circumstances changed the course,crime was low,people respect each other,good education,no need for loans from ,have manners,behavior was so good…….but I haven’t lived that era of course ,but by here from the elders and history,may be am wring

      • 0
        0

        I remember the times of the colonials, we had a decent country and I was 5 years old when they left us. People were honest and respectful to one another. Many humble African countries want the Colonials back as they are fed up with their criminal minded corrupt politicians. Access to internet makes them reach beyond their borders towards the disciplined developed world. They cry for the same decent standards enjoyed in the developed world.

  • 14
    0

    Our President and Prime Minister proved to the entire world and particularly Buddhist Sinhala that they are not racist by murdering Lasantha, abducting and disappearing Keith Noyhr, charging former military commander and arresting former CID Shani Abeyasekara (all Buddhist Sinhala). Further, they were released former LTTE leaders Karuna, Pillaiyan and KP (all Hindu Tamils) without investigation or charging.

  • 2
    0

    We need foreign judges! We need foreign judges! We need foreign judges! We need foreign judges! We need foreign judges! We need foreign judges! We need foreign judges! We need foreign judges! We need foreign judges! We need foreign judges! We need foreign judges! We need foreign judges! We need foreign judges! We need foreign judges! We need foreign judges! We need foreign judges! We need foreign judges! We need foreign judges! We need foreign judges! We need foreign judges! We need foreign judges! We need foreign judges! We need foreign judges! We need foreign judges! We need foreign judges! We need foreign judges! We need foreign judges! We need foreign judges!

  • 13
    0

    Judges may be running scared of Gotha but COVID 19 is yhere to teach him a lesson and now the Chemical spillage which has engulfed Port City Project.

  • 6
    1

    Judicial Recusals give an opportunity for judges to be selective.

    Is it an absolute right ?

    Do the judges have the discretion to decide the cases for them to hear?

  • 7
    0

    I am sure the govt. would like to keep those considered controversial or likely to cause embarrassment banged up indefinitely, hoping they will kick the bucket ‘naturally’, such as an (induced) heart attack from stress or infections from unhygienic conditions, & in that context, COVID would be a god send. Lately, criminals who have outlived their purpose have died trying to escape while in police custody but in the absence of such a possibility, ‘natural’ causes are the only option.

    The judiciary in SL are answerable to a higher authority (assuming god does not exist)

    • 6
      0

      RAJ-UK,
      .
      I think they should prove their law bound behaviours to UNHRC this month if my memory is right. But GOSL has huge problems as of now. There were extra judicial killings which are now ona rise to the very same manner, as it was prior to 2015.

      How the govt would explain them about the killings of MAKANDURE MADHUSH, URUJUWA and THARAKA SOMEONE and all unknown others since last March, is more than questionable. That could help UNHRC to bring lot more harsh UN resolutions in the months to come. Whoever, whatever being praised yet today, getting reelected, proved to the world, Rajapakshes mlechcha nature is written in their genetic code.
      Alone the harm being done to Ranjan Ramanayaka, Shani Abeysekara and several others, without being able to prove them to be the high criminals going by their records…. will cut GOTA s own grave sooner than later. All those expat that supported the muruderous bunch, calling them patriots have made unturns today, since their grievances are totally neglected by current govt. Had Good govt been in power, sure, they would have addressed it better. We remember, that BP how he enjoyed his DUBAI trip, at the time, Rizana Naufikc young girl was beheaded by SAUDI then. That girls life would have been saved, if GOOD GOVERNANCE was in power to that time.

  • 7
    0

    Some of the news from today’s Lanka which I find fascinating and mysterious as usual. 1) judiciary running away due to political repercussion / fear. Wasn’t that the aim of Rajapaksas. 2) The ship which caught fire is brand new “made in China” 3) The head of port authority claims he did not know what was in the ship 4) regardless the new PC commission should bypass the system to avoid such questions 5)First came hospital waste and dead bodies, then came radioactive material and now Nitric Acid. What will be next ??? 5) Nitric acid can dissolve metals and is highly corrosive even the vapor can cause superficial burns. So any dead organism will simply dissolve in very short time. 6) Sec to Agricultural Ministry resigned for no reason says most corrupted Minister Mahindananda. Knowing this guy do anyone expect any Sec to last. When this guy was appointed as Agricultural Minister I sighed with relief thinking there not much to take home. The crook invented a new scheme with help of Gotha about banning fertilizer. So anyone who need have to go through him. Sea water is now successfully mixed with Nitric Acid but Gotha wants organic fertilizer for healthy environment.

  • 1
    0

    At least judges can impound the passports and put travel ban,on particular week or month goes to any police station present themselves and sign,then the officials knows they are not loose,normally they put them in remand if they are real dangerous to public,like murderer or terrorist etc
    Don’t blame the judges they could see the cases and think about their own plight and which direction we are heading for,or go and live in another country and gives verdict on zoom or something
    But this is what Maha Sangha along with.6.9 magnitude disaster for mother lanka looks like even the natural nature also won’t accepting what’s happening now,I have a doubt about the vaccine,10 policemen were positive working for parliament they were the 1st one had the jabs along with 225 thaddias is it another

  • 6
    0

    Starting with Sarath Nandalochana Silve becoming the “Chief Justice” the whole of our Judiciary acquired indignation and contempt from the public. The reasons for such a state of affairs are very many and still continues unchecked. We had one Minister – Mr. Felix Dias Bandaranayake who tried to introduce certain noteworthy features to the system, but he acted like a bull in a china shop. All that happened to the Judiciary (the Judges & Lawyers) are well documented in the book titled “Unfinished Struggle” written by Victor Ivon. Now the latest is the “Nidos Kota Nidahas” “Theory” of very many cases that were “Postponed” time and again for months and years. All those “Postponements” were craftily engineered by the “Legal Luminaries” and today we see the “Net Returns” to them, in becoming Ministers, Chairmanship of Constitution Drafting Committees, Chairmanship of Port City Commission, etc. Are all these “Law Community” people are worthy of their salt? The “Common Understanding” and “Acceptance” are all of them a “Corrupt” and “Selfish” community.

  • 4
    3

    I hear agricultural secretary resigned by the pressure of the minister (Is that about importing China’s garbage as natural fertilizer?). I saw another news piece that because of heavy pressure from politicians, there are general dissatisfaction in genuine medical staffs and many stands in line to retire or resign. To complete the China dose experiment in Jaffna as early as possible, Son Prince ordered to medical professionals to finish the injections in three days. But the Jaffna residence feared of Chinese vaccine, reluctant to go and get the vaccine. To induce their acceptances, Chinese ambassador falsely praised the North for having faith in the China jab. Kandyan are refusing to sign a waiver for the 2nd dose stating that they feel better with one dose. But the Russian Sputnik needs two dosed to be effective. The recent media crackdown is so brutal, not just the journalists, including those who are in CT, but even CT’s casual commentators are feeling inside the heat that is blasting outside. There are special arrangements being made to make a bill to arrest and punish the activists in the social media. These seems to be the premonition of that the country is slipping much faster than many suggested in CT.

  • 2
    0

    Part I
    If we cry for fairness, then it is nothing but right we must practice fairness. The fact remains that cases of Shani and Rishard gets unheard and with the usual level of postponements and justice to them delayed is justice denied to them. Their case must be heard and that is their sacred right whatever they may have done as alleged. We indirectly tell them “What to do Machang! Nandasena! Nandasena! Nandasena!”. Judges, whether the past, present and even in the future recuse from hearing cases and for good reasons, though not always made known. A Judge is presumed to act without fear, favor, malice, ill-will etc. If we are saying that a judge is recusing for the fear of Nandasena or anybody we are throwing stones at the Judge and not at a Nandasena. Are we fair by the judges concerned in stating about a fear without quoting any evidence to that effect? In doing so, we are implying that our judges are far less courageous, than that lady forest officer in Gampaha who faced marauding political thugs in upholding what is right? I believe that we must be fair by everyone concerned.

  • 1
    1

    Part II
    The article refers to Justice Kodagoda and the case he and other judges heard about the citizenship case of the Nandasena though the impression is given that he alone heard the case. The panel of judges afforded both the sides to state their case although it was in the stage of giving leave to proceed. It is also public knowledge that this move caused Mahinda to express fear that there is a conspiracy to eliminate brother Nandasena and hastily primed brother Chamal for the candidacy in depositing money. The second reference is that he handled controversial subjects while he was in the AG’s Department. Almost every officer there will handle controversial cases at any point or the other. Are we then fair by him in saying that he is opting out of hearing due to lack of courage? Name and the reason are given in the instance of Justice Janak Silva. That is a valid reason not to hear the case and what are we implying in dragging that? Some story of convenience? The alleged comment of the senior lawyer is most irresponsible and they as an association must press for cases be heard on time.

  • 3
    1

    The majority voted in the name of national security (an aftermath effect of easter-sunday attack) or false sense of minorities been given undue advantage in the previous government. The logger head between the ex president & premier (not UNP) another reason for the displeasure among the lot to voted out the coalition govt. However, except the minority population everyone else doesn’t bother criminal records behind those elected now.
    .
    Those who talk about national security now running around hide themselves for personal security or try to show a fake loyalty to the rulers. The beauty of judiciary allow to function and president & the govt respect the ruling of the court despite their displeasure some years back now strained by various parties.
    .
    With all of these at least if the country put forward in developing march like Ruwanda is a sigh of relief. But that also missing. Now the question is what actually the rational thinking people of Sri Lanka wants when elect members of the parliament to understand the future of this country?

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