9 December, 2021

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Justice Is Denied To Citizens Due To Exec’s Interferences With Judiciary: Senior Lawyer

Senior legal practitioner has written to the Bar Association of Sri Lanka (BASL), informing them of his decision to put a halt to his Appeal Courts practice while urging the organization to take effective measures to ensure the rule of law and the judicial powers that are being grossly abused by the Executive, is upheld.

Kodituwakku

Kodituwakku

Attorney-at-law and Solicitor Nagananda Kodituwakku in a letter has informed the BASL to ensure that people are delivered the justice they deserve and to ensure the rule of law in the country is not completely undermined, since those more concerned about their personal agendas have simply compromised with their integrity and have opted to live with the failed system.

Kodituwakku has pointed out that following the unlawful removal of former Chief Justice Shirani Bandaranayake, several lawyers including himself, abandoned practice in the Supreme Court since they refused to compromised their integrity. He has gone on to state that the blatant interferences of the judiciary by the Executive has ridiculed people’s judicial power  – the case in point being the recent irregular appointments to the SC that have resulted in a loss of faith in the judiciary. The senor legal practitioner while expressing his disappointment in the current state of the judiciary has pointed out that they are the kind of malpractices that would never be allowed in other democracies such as the UK.

“Such unhealthy practices have effectively compelled the people who challenge the unlawful state actions before the Writ Court, to lose their confidence as no impartiality is ensured,” Kodituwawkku states in his letter furthermore.

He has cited a personal experience, noting that in a case that involves the unlawful seizure of a consignment of goods valued over Rs. 60 million where despite the Court issuing a notice on respondents no effective action was taken to dispense justice. Kodituwakku has noted that instead of bringing to notice of the Court that the Attorney General’s conduct was inappropriate, the judges had granted further time to file objections.

“This has denied a citizen of this country, justice,” he has written in the letter furthermore, while stating reasons behind the reasons for his withdrawal from Appeal Courts practice.

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Latest comments

  • 5
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    ‘Justice Is Denied To Citizens Due To Exec’s Interferences With Judiciary: Senior Lawyer’

    Congratulations you have just discovered what has been going on since 1970.

    • 0
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      check this out ,how our baggage boy spends his evenings , indeed SL is the miracle of Asia .

      [Edited out]

      • 0
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        Dear Srilal

        What is your issue with Sajin Vaas?
        Is it personal?

  • 7
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    Nothing will happen till this SWINDLER TURNED DICTATOR is sent to the MEDAMULANA BACKYARD where he rightfully belongs.

    Muster all your courage and strength to educate these FOOLISH SINHALESE MASSES who are hijacked by a bogus patriotic slogan to understand what is at stake. This should be done by way of pamphlets printed in Sinhalese and made to reach the urban population.

    Tell these people that the whole of the country is PLUNDERED AND RAPED by these MURDEROUS MARA CLAN for their self seeking objective and it is time to do something to rescue this nation from these PLUNDERING CRIMINALS.

    JUST ADD ONE LAST LINE, SAYING THAT THE RAJATHUMA RESCUED THE NORTH FROM THE LTTE AND SELLING THE WHOLE OF SRI LANKA TO CHINA.

    Hope at least that would open their eyes, if they are blind to all other atrocities taking place before their naked eyes.

  • 4
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    Entire BASL membership should learn from Nagananda and boycott the high courts at least for a week.

  • 3
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    The CJ relies on his “personal knowledge” to judge whether a man killed in prison is a terrorist or not – as happened during a ‘fundamental rights case’ filed by his family.
    He does not rely on evidence led in court.

    Most magistrates do not converse with “accused” brought before them, in private, as required by law before deciding on bail.

  • 1
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    appointment of law officers from the AG Department came into being only after 1977. Till then not a single lawyer from the AG’s was allowed to function as a Judge.

    CBK made things worst when she wanted to meddle with the Judiciary with her men. She wanted to deny Justice Mark Fernando his legitimate expectation of promotion as the CJ. Then CBK’s man, Sarath Silva was Junior Judge in the Court of Appeal.She made this man the AG and then by passing all traditions appointed him as the CJ.

    Today things have become worst, with Rajapakse abusing the system to his utmost best. First he removed the CJ Shirani B. When she was in his goods books he appointed her husband to high profile positions in the government. CJ gobble down the ‘carrot ale’ and clearly violating the peoples’ Judicial power’ permitted the 18th amendment and finally became a victim of her own making.

    This country needs someone with very high degree with character restore the Rule of Law in this country.In this regard replacing MR with the spineless RW will not do any good at all.

    There is a lot the Bar Association can do to stop the abuse of the Judiciary, but that body too run by some average self-centered people who is not prepared to take the issues head on.

  • 0
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    What is the motto of the Bar Association. ‘MAKE HAY WHILE SUN SHINE’.

    Therefore don’t expect any firm decision making from this body to restore the Rule of Law in this country.

  • 0
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    Forget about the deceitful Sri Lankan Judiciary which cannot be corrected with the current lot of politi-‘cons’

  • 0
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    We have probably the most ‘robust’ , ‘time tested’ and ‘people oriented’ justice system in the world.

  • 0
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    No point in finding fault with the AG and his staff, after all they are human beings and enlightened ones. Any benefit comes their way they accept with both arms which is natural.

  • 0
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    King is always right. Remember that.

  • 0
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    Order of the day is to COMPROMISE if you were to benefit from the system. This what is being followed by ALL ‘learned people’ in this country. Others are bound to perish and disappear.

    • 0
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      Is this a comment or a threat from the another Jarapassa clan?. “Sabbe Sankharaa Aichhcha” anyway, not for the Rajapakses I guess.
      Take care Nagi.

  • 0
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    We know that most people are not willing to stand for justice as that would undermine their private life.

    What matters most here is something all of us should pay our right attention.

    Regardless of the cost of the stand taken against the lawlessness regime, demonstration of the will to fight against it, which is an example to others to follow.

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