Colombo Additional Magistrate Rajindra Jayasuriya shocked a court-room on April 30th when she pitched into the 31-year old ‘leader’ of the honking protest against a road closure in Colombo for the purposes of a VVIP movement last Tuesday (27).
“Don’t try to be macho,” Additional Magistrate Jayasuriya chastised the arrested protestor. “Just behaving like lunatics at every turn,” she added.
When the arrested man’s lawyers informed the court that he had recently returned from studying in Australia. The lawyers told the court that even when the Australian Prime Minister travels, these kinds of road restrictions were not imposed.
To which the Additional Magistrate retorted: “That is in Australia. This is Sri Lanka. If you do not love this country don’t come back. Stay in Australia”.
It was clear the Magistrate had already made up her mind that the citizen arrested for carrying out a legitimate, constitutionally protected protest against the rulers of the day, was a criminal, observers in court pointed out.
Additional Magistrate Jayasuriya asked the young man if he was willing to apologize. She then blamed him for the incident and ordered his bail. The man concerned walked out of court and tendered an apology to the government and the police.
The remarks by Additional Magistrate Jayasuriya, observers said, was unprecedented coming from the judge who must adjudicate on the matter brought before her by the CID and defended by counsel for the protestor. It is unheard of for a magistrate to make her views on the incident so clearly known in open court and raise questions about her objectivity, legal experts explained. Lawyers present in court, speaking confidentially to Colombo Telegraph, referred to the Additional Magistrate’s conduct as “disgraceful” behaviour from a member of the judiciary.
The VVIP convoy was eventually revealed to be the motorcade of the visiting Chinese Defence Minister. Video of the honking protest went viral within 24 hours as public anger mounts over Government corruption, mismanagement and a soaring cost of living. The man, instigating other motorists to honk in protest, is heard asking police officers barricading the road: “Is this what we voted for?”
Police arrested the young man who lives in Battaramulla two days later. Lawyers argued that under the constitution, the 31 year old citizen had committed no crime that should have led to his arrest. He did not hinder police personnel or instigate violence. The Supreme Court of Sri Lanka has ruled that noisy protest – by beating drums or clanging saucepans – is a legitimate exercise of the citizens’ fundamental right to free expression.
Lawyers are urging the Judicial Service Commission to take action against Additional Magistrate Jayasuriya over her conduct in court on April 30th. The JSC circulars clearly stipulate that judges should refrain from making public statements irrelevant to a case that could damage the dignity of the judiciary or cast aspersions upon its independence.
Ironically, the Supreme Court first ruled on the matter of noisy protest in 1993, in the famous Jana Gosha case. Mahinda Rajapaksa, the current Prime Minister was the chief organizer of Jana Gosha in 1992, when the opposition urged the people to make noise in protest of the then UNP Government.
Pictures of Rajapakse blowing a horn during the protest were widely circulated via social media after last week’s honking incident. The judgment authored by late Supreme Court Justice Mark Fernando, read: “speech and expression” extend to forms of expression other than oral or verbal – placards, picketing, the wearing of black armbands, the burning of draft cards, the display of any flag, badge, banner or device… …,[SSC] concedes that drumming, clapping & other sounds, however unmusical or discordant, can, in the context of the Jana Ghosha, be regarded as “speech & expression”.(By Janakie Mediwake)
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nimal fernando / May 7, 2021
The Rajapakses are the last nail in the coffin of Sri Lanka.
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Goodbye! ……… apologies for not being there ……… not attending the funereal.
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Eagle Eye / May 7, 2021
Nimal Fernando,
Rajapakshes are the last nail in the coffins of separatist Tamil politicians, Muslim extremists and fundamentalists.
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“The Rajapakses are the last nail in the coffin of Sri Lanka.”
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GATAM / May 7, 2021
EE,
I disagree with you on Rajapakses but agree with your thinking 100%.
If anything (you name anything) is bad for those 2, without a second thought it must be good for SL.
If anything (anything you can imagine) is good for those 2, it must be bad for SL.
This rule holds true 100% of the time. So it is easy to know what is good for SL. Just ask those 2. Just do the oppossite.
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Tamil from the north / May 7, 2021
Eagle ‘dumbest fool’ Eye, how did you manage to get the Tamil politicians in here? This whole article has nothing to do with the Tamils. Are you bloody sick bugger?
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leelagemalli / May 7, 2021
This is again srilanka where idiots and ones dont comprehend the paragraphs of the laws easily become ” so called lawyers,” and the consequences are no surprises. The same is the case with incumbent presidency. If this country would have respected laws, incumbent president should long have been jailed for his high crimes. Premier should long have been jailed for his breaking in high crimes . So how can we expect serving justice in such environments???😌😌😌😌😌😌😌😌😌
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SarathP / May 7, 2021
Heard that Gobbasena’s wife was seen on a flight out of SL.
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N. Perera / May 8, 2021
Rajapakses are the last nail in the coffin of Tamil Terrorists (LTTE). Rajapakse completely wiped out the entire LTTE leadership also. There is no PEE-LUM only Dias-Poda barking for nothing. Rajapakse Dynasty will not allow LTTE or any other Terrorists organization to come in Sinhalese Aryans Country, Sri Lanka(Heladiva) .Population wise 75.9% Sinhalese Aryans living in Sri Lanka (Heladiva)
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Native Vedda / May 12, 2021
nimal fernando
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Have you got your great grand children to increase your thumps up number to an unbelievably higher total, while increasing your opponent’s thumbs down total to higher number, through proxy server?
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Cheating is not fair.
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Mallaiyuran / May 7, 2021
Every Pavitra getting a share from China, in the deal of Colombo Pong Cing .
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chiv / May 7, 2021
Seems language of AM is as same as our Evil and N.Perera. LOW and ODOR .
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chiv / May 7, 2021
Seems language of AM is as same as our Evil and N.Perera. LOW and ODOR .
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deepthi silva / May 7, 2021
This judge represents what the judiciary in Sri Lanka has now become, people lacking in any sense, class or creed.
They do not fit the role of judges we have in mind, more like village pundits trying to show off their allegiance to the village headman.
The truth is, all these judges will love to be dual citizens( enjoy all what Australia and so on give) send their children there to study, enjoy all the travel, conferences/further studies etc that the West funds.
But they can never be proper judges or even lawyers. They are doing law like the proverbial medicine oil men, just to earn money and win “status”, two things they were not born with.
Not a single Sri Lankan judgment is referred to in foreign courts, unless to show what a judgment should not be.
Every judgment here is to reduce human freedom, deny human dignity, endorse abuse of power, acquit those in power, punish those in opposition.
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Mahila / May 7, 2021
CHINA rules by proxy and present day economic strength and by extension proxies who gain monetarily. they have to provide VIP service by seven eleven.
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hanchopancha / May 7, 2021
We need more of these young men back in Srilanka and banish the type of individual in this judge to hell. People need to wake up not just arms up in the air but feet too. Otherwise this country will be in total ruins. She has not the very basic credentials to be a judge, one who is not corrupt and independent minded. Hope PSC will take note.
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leelagemalli / May 7, 2021
Hancho,
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How would the kind of young men make their minds for good ?
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This young gentleman did a brave act, with traffic police men standing next to him. Why did those police men stay as if they were fed with KIRIMATI, not having done the due … which is to make aware the people ….. that this road block was based on visiting defence minister s motorcades.
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What was the action taken against those TRAFFIC police offiers ?
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Nothing….. the very same judge as a srilanken CITIZEN should be able to raise that question or not ?
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finbiz / May 7, 2021
Don’t blame the magistrate. She is merely following the Rajapakistan law!!!
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leelagemalli / May 7, 2021
Finbiz
Get her genetics, that will clear- slave gene expressions are plenty in that meaning the bitch doest know the law but the regulation s based on medamulana crime friendly constitution.
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Buddhist1 / May 7, 2021
When fools and slaves sit in judgement this is the result. Is the Minister of Transport going to get a Cabinet approval that all horns in cars should be removed…. may happen… Vyath Maga directed Sawbagyadakma!
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Burt / May 7, 2021
Did you expect anything different from a KANGAROO court?
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leelagemalli / May 7, 2021
Burt,
please dont insult KANGAROO court.
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Thank you.
LM
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a14455 / May 7, 2021
in Singapore, this clown would have got 50 lashes. that is what this fool deserves.
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leelagemalli / May 7, 2021
a14455 / May 7, 2021
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In Europe, this young man would be treated as hero. I worked in SINGPORE and i know it very well, they would not punish like idiot not having studied the case properly. But all these are like greek to you the kind of mlechcha promoters.
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This is how bitch s sons of your nature would set examples for the youth.
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The mentality of your ilk is the main reason medamulan rascals to allow ruining this nation today.
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nimal fernando / May 7, 2021
“in Singapore, this clown would have got 50 lashes.”
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Why don’t you, in the same breath, say that Singapore’s corruption in 0?
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Don’t cherry pick.
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People like you are so insincere …….. that’s why Lanka has turned into a hellhole.
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leelagemalli / May 7, 2021
Nf@
What else can u expect from a man locked down in an US cell? His brother is said to be Mexico in sl. My question is why on earth these men behave donkeys eternally?He the kind of ilk would nt be different to that Dhammika syrup maker and became super hero within hours.
Aiyooooooo😌😌😌😌😌😌😌
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leelagemalli / May 7, 2021
Not Mexico but a medical specialist in sl
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MyView / May 7, 2021
Dear a14455
Two things on that hypothesis.
He is no clown nor fool, but a brave young man demanding his rights due to him.
Then of course it will not happen in S’pore because there would have been a well planned operation with due notice and least inconvenience to the public.
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Paul / May 7, 2021
‘in Singapore, this clown would have got 50 lashes. that is what this fool deserves.’
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Perhaps, but so would the Magistrate for disgracing the Judiciary.
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leelagemalli / May 7, 2021
Paul,
and those traffic police officers not having done their job well. They could make the people aware of the situation. As you articulated it above, magistrate and the police men would have been interdicted … from that moment on.
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Muhandiram / May 7, 2021
a 14455
In Singapore, are roads closed for VIP movements like in Sri Lanka?
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GATAM / May 7, 2021
How about a honking protest against loud places of worship?
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MyView / May 7, 2021
Sign of the times and what is in store in larger measure. These are magistrates, next will be HC judges admonishing “accused” but not yet convicted.
This is what 20A envisaged with a subservient judiciary answerable only to the Executive.
Any bets, JSC will not take any action ??
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Black Lankan / May 7, 2021
Do they really undergo training in law college or got a certificate like our Baby Namal. These guys are the ones trying to dispense justice. My foot. Now let the racists realise why tamils never trusted the sinhala judiciary and insisted on foreign judges. Anyway soon Chinese will become judges and then they will favour Tamils like what the British did realising their hard work, dedication and honesty. Just wait for some time. This lady may become a nanny to the Chinese master soon.
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Ajith / May 7, 2021
Just look at the governance:
It is not only this additional magistrate but also many judges, officers, ministers and even President show the same attitude and behaviour. Not a single Religious leadership bothered about this behaviour, not a political leadership bothered about this behaviour. This is an insult to the Sinhalese country. This is an insult to Buddhism in this country. It is an insult to 69 million voters who elected knowing and experienced people. It looks like this is our future norm.
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Ajith / May 7, 2021
China insulted Sri lanka by printing Sri Lankan flag to produce foot mat. But A Sri Lankan born Buddhist to horn in his motor bicycle in Sri Lanka is now a crime in China and in Sri Lanka. How patriotism works?
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SJ / May 7, 2021
Is the Chinese government into production and sale of doormats?
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Ajith / May 7, 2021
Sorry, China is a very close ally of Rajapaksas!
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SJ / May 8, 2021
Have you read the question?
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SJ / May 7, 2021
“Lawyers are urging the Judicial Service Commission to take action against Additional Magistrate …”
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It will help if the lawyers are identified in some way.
Is it not a matter for the Bar Association to raise?
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MyView / May 7, 2021
Dear SJ,
Dear SJ.
Even the Bar Association website says :
“Whilst safeguarding the rights and privileges of its members, the BASL “also” lobbies for the rights of citizens “where necessary”, in the wake of national issues and crises.”
So you see that their first object is themselves and secondly (in passing – Note “also”), they will lobby for citizens rights, presumably if they feel like it, “where necessary”.
Till the time when decency prevailed in our Society and Lawyers were honourable, we could have expected them to take up this case. But the way they have skirted the major issues of the past two or three decades with pliable Presidents and EX-Cos., no one really depends on them.
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SJ / May 8, 2021
MV
Thank you for expanding on what I had in mind.
The point is to push the Bar Association to act.
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Rest Harrow / May 7, 2021
The Hon Magistrate is absolutely right. The guy should have stayed in Australia. Would he dare to do something like that in Australia and he knows he would have been deported. I can buy the guy a one way ticket to disappear to racist Australia . Come to Sri Lanka and live the Sri Lankan way. Take your rights including the right to protest back with you.
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Good Sense / May 7, 2021
Let me unravel the whole game as one knowledgeable guy educated me. This is a charade. It was pre-ordained the accused was to be leniently treated. In such circumstances it is usual for the bench to look “bloody-wild”, lambast the accused in whatever terms, lecture like a teacher or an elder including the phraseology “As an educated person is this how you behave? Mmmm!” and all that. It is clear to me that the magisterial retort reminding that this is Sri Lanka, not Australia has irked the lawyers more than the accused. Had the accused been given a long remand order then it is good material for our HR pundits to recite an anti-government mantra. May I look the whole thing from a different perspective? The honking motorists and the accused DID NOT come there on purpose, but their presence was coincidental. Both the cheer leader and the supporters acted in unison without any proper introduction to each other. All of them had one thing in their heart “Damn the Government and its Authority” as very rightly our good old Percy puts it they let it out. We NEVER know how they will let it out next time.
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Alpha / May 7, 2021
Must have been a Labour Courts Judge before this appointment. Most labour decisions are biased towards the employee.
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eldorado / May 9, 2021
Colombo Telegraph, the standard of the comments you permit to be published in your column are atrocious to say the least. Don’t you edit these comments ??
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Paramanathan K / May 11, 2021
People curse and condemn VIP coveys that violate all traffic rules disregarding the sentiments of the people. In the eyes of the people politicians are nobody but bunch of jokers and rogues. Respect has to be earned but not getting it by force. Fiasco of 31-year old ‘leader’ of the honking protest against a road closure in Colombo for the purposes of a VVIP movement had already criticized and condemned widely. It is no doubt a setback for the politicians.
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SJ / May 12, 2021
PK
Water on a dick’s back
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SJ / May 12, 2021
Sorry
“duck’s back”.
(ps. On second thought, may be all right as it stands.)
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MyView / May 13, 2021
Dear SJ
…as IT stands….
Cannot be the duck.
In fun or pun.!!
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