25 September, 2020

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Let Us At Least Save The Judiciary From This Monocracy

By Upul Jayasuriya –

Upul Jayasuriya -BASL President

Upul Jayasuriya -BASL President

Your Lordship Justice Sisira De Abrew is a product of Dharmashoka College, Ambalangoda.

Your Lordship excelled at Law College and obtained classes at the Preliminary and the Final exams. Thereafter you took oaths as an Attorney at Law in 1981 and joined the Attorney General’s Department as a State Counsel in 1982. You were promoted to the rank of Senior State Counsel in 1996. During this period you conducted prosecutions before courts in almost every province.  You have also prosecuted numerous jury and non Jury trials. Whilst at the Department you were extensively exposed to both Civil and Criminal fields in the original Courts and in appellate Courts. In addition you had the privilege of supervising such matters as a Senior State Counsel and handled matters of complexity, as well as opinions regarding the constitutionality of Bills.

You were a member of the team which represented the Sri Lankan Government in bi-lateral talks with the British Government on matters relating to aviation in 1997 in London.

Leaving your career as a Senior State Counsel you began your Judicial Career as a Judge of the High Court in 1998, nearly 16 years ago.

You served as a High Court Judge in Ampara, Anuradhapura, Kandy and Colombo. As a Judge of the High Court you have had experience in hearing and determining Criminal Trials, appeals and revisions from the Magistrate’s Courts, revisions from the Primary Courts, as well as LT appeals and writ applications.

Judge of the Court of Appeal

You were appointed a Judge of the Court of Appeal in January 2005 and served in the Court of Appeal for nearly a decade. During this period you heard and determined revisions, appeals, writ applications, embracing the entirety of the civil and criminal law and was presiding over the Criminal Division of the Court of Appeal and the Writ Court. Your Lordship was appointed President of the Court of Appeal in February 2014

Whilst you served as a judge of the Court of Appeal you have had the benefit of exposure to many a International Institutes.

  • in 1993 in UNAFEI in Tokyo,
  • in January 2004 through IMF in Singapore;
  • in 2004 at the City University of Hong Kong and in the University of Cape Town, South Africa;
  • in 2007 on the Legal Procedure adopted by the Constitutional Court of South Africa, in Johannesburg;
  • in August 2008 on The Role of the Judiciary and Promotion of Equal Justice at the Faculty of Law University of Cape Town in South Africa;
  • in 2008 on Transformational Constitutionalism at the University of Stellenbosch, South Africa;
  • in July 2009 on International Telecommunication Law,and Cyber Crimes held at the International Telecommunication Union in Geneva; 
  • in July 2009 on International   Arbitration Procedure held at WIPO Arbitration and Mediation Centre in Geneva,
  • in August 2009, at the University of Queensland in Australia in the fields of Information Technology Law;
  •  in September 2010, at the Commonwealth Magistrates and Judges Association [CMJA] conference held at the Brighton University, England on “Community Justice;
  • in July 2011, CMJA Conference in Kuala Lumpur, Malaysia; 
  • in 2012 at the University of Wisconsin Law School in USA on Enhancing Access to Justice;
  •  inMarch 2013 on Global Counterterrorism Cooperation in Kathmandu, Nepal;
  • In September 2013 in Jersey Commonwealth Magistrates and Judges Association conference, on “Is Your Latimer House in Order?”

Your Lordship Justice Sisira De Abrew, I am happy to say that your Latimer House is in order! In your case the guidelines that are enumerated in the Latimer House Principles with regards to the appointment of Judges to the Apex Court have been complied to the last letter.

It is with enormous wealth of knowledge you have ascended the Supreme Court which is your rightful place. You have earned this distinguished seat with character possessing over three decades of sacrifice and dedicated life as a member of the Attorney General’s Department and thereafter as a Judicial officer.

You have dedicated your entire professional life from its cradle, straddling over 32 years to the Public and Judicial service. The Bar is aware of your accomplishments and unimpeachable conduct as a Judge. You have shut the doors to those acquaintances and associates who seek entry to influence you to imbalance the scales of Justice that you always held close to your heart even at the risk of being deprived of your due promotions and personal loss.

The Bar admires you and is proud to Welcome you as a judge of the Supreme Court.

Your Lordship Justice Sarath De Abrew

Your Lordship Sarath De Abrew had your primary education under the motto of “Esto per Petua” at St’ Thomas’s College Mt. Lavinia. Whilst at school you excelled in Sinhala, English and Latin. You Joined the Legal Profession 37 years ago and had a short stint at the Attorney General Department.

Thereafter you joined the Judicial Service as a Magistrate at the age of 28 years and served for 14 years in the trenches of the legal battlefields. You served as a Magistrate in Trincomale, Panadura, Tangalle, Galle and in Mt. Lavinia.

Your Judgment in the famous Abesundera Case that was finally upheld in the Supreme Court, has created Legal History on polygamy. Thereafter you went through the Judicial career as a District Judge then a High Court Judge. As a District Judge and a High Court Judge you have served in Moratuwa, Kandy, Ampara, Hambantota, Kalutara and Colombo and ascended the Court of Appeal in 2006. Painstakingly you have written legal essays in Judgments burning the mid night oil. In all your life you have sacrificed luxuries’ that are not affordable to a public servant.

Your experience as a judge justifies your appointment to the Supreme Court in keeping with the Latimer House Principles.

Today you have reached the zenith of your professional life having labored 32 years as a judge. Your appointment is a silver ray of hope to the career Judges whose aspirations of promotions have been dashed to the ground in recent times. You have held the scales of Justice evenly with neither fear nor favour as one expects from a Judicial Officer.

We Welcome you Warmly to the Apex Court of our Island Nation.

Your Lordship Justice Priyantha Jayawardena,

Your Lordship had your early education at Nalanda Vidyalaya and Joined the legal Profession in 1987. You obtained a Masters Degree in 1992 from the University of Aberdeen. Whilst at Aberdeen you have given legal advice to the Public. You have enrolled yourself as a Solicitor in the United Kingdom in 1993 and in 1999,Your Lordhsip followed a short course at the National University of Singapore. You have served the Attorney General’s Department for nearly 7 years.

Whilst at the Attorney General’s Department you have also assisted the Ministries of Trade and Commerce and Foreign Affairs. You have been a tutor and an examiner at Sri Lanka Law College from 1997 -1999.

Since 2000 you have been at the private Bar.  You have been a visiting Lecture at the University of Moratuwa. You have been a consultant to Sri Lanka Insurance and several government institutes. You have also been appointed a Member on several Government statutory boards.

It is with this environment, that your Lordship has been appointed to the Supreme Court from the Private Bar.

If we lose our struggle for Judicial Independence and professional integrity, if we cannot defend our right to practice our profession with dignity whilst ensuring the safety of the Judiciary on the basis of the highest principles on which the legal profession is founded, then every person who seeks justice will be at risk. These values are precious and priceless. Are we heading in the right direction?

As we all know the 17th amendment was to put this country in that right direction. In a rare unanimous vote Parliament set the record straight and appointed a constitutional council to select and recommend appointments to the executive to fill the vacancies to the Apex Courts. Tragically the 18th amendment reversed this trend. The Executive usurped the powers of the constitutional Council to make these appointments once again frustrating the long established traditions of the legal profession, judicial system and the hopes of a Nation.

The Constitutional provisions in India viz-a-viz the appointment of Judges to the Apex Court is the same. However the Supreme Court of India has by Judicial Interpretation  propounded that the Executive Prerogative is not unfettered. Such appointments are made only on the recommendations of the Supreme Court.  In USA too the President has the power to appoint Judges to the Supreme Court. But those nominees have to go before the sub Committee of the Senate and subjected to public scrutiny. The appointment of Judge Clarence Thomas is a good example.

The appointing process of the Judges was challenged in Sri Lanka in the case of Edward Silva Vs. Shirani Bandaranayake where it was held that the “best practice of appointment to the Apex Court is in a consultation with the Chief Justice, the Attorney General and the Minister of Justice.”

If the Executive persists in acting in breach of these salutary principles it would be an invitation, persuasion or perversion to the mind of the Judges to cast aside their Judicial Independence and succumb to the invidious pressures of the  Executive. Is that what is in the mind of the Executive? To break the back bone of Judicial Independence?

It was just a few months ago in this same August assembly that I wished a speedy recovery to His Lordship the President of the Court of Appeal Justice Sri Skandaraja; A great judge of our time. His life was cruelly snatched away from our midst – a broken hearted man at the time of his death.

We shall kneel before the altar of Almighty Justice, “Father, forgive them, they know not what they do. Their ill and will has no bounds or confines.” This voice must surely speak, to civil society. The deprivation of his due place for that humble simple man who sat behind the bench, was nothing but a travesty of Justice.  Are we to blame the “system” and pass the buck? No! The buck stops here.

The blame cannot be attributed only to the Executive. The persons who do not fall within the time tested and respected criteria, cringe and scrounge brazenly at the feet of the Executive seeking such appointment, whose lame excuse thereafter is that the Executive invitation cannot be turned down; are equally guilty of the transgression against the society. We the Legal Profession and the Civil Society and those of us entrusted with that public trust; are also to be blamed for it.

If the Executive exercises a prerogative that it never possessed, the legal profession and the Judiciary would both have to plead mea culpa! Mea Maxima Culpa!

Permit me to quote Edmund Burke an Irish Philospher, in the 17th Century;

“The only thing necessary for the triumph of evil is for good men to do nothing”

The Bar can not endorse any view contrary to these time honoured principles that are being flagrantly violated in recent times. The Bar cannot and shall not condone such sullied attempts to desecrate the Temple of Justice, detrimental to the hope and expectations of not only the Judiciary not only the official and the un -official Bar but the country at large. Exercise of such arbitrary powers and practices shall be opposed at any cost and continue to be opposed at any price until sanity prevails.

Be it the Career Judiciary; be it the Attorney General’s Department, be it the private Bar, if merit, seniority and eminence is to be ignored at the alter of political patronage in making appointments to the Apex Court we might bid farewell to the independence of the Judiciary, the Rule of Law, the Law books and Judicial Precedents.

Learned ladies and gentlemen of the legal profession, the day is not too far when the ordinary people of this country seek their own means of social Justice or summary Justice, perhaps unfortunately the day has already dawned.  Have we no eyes to see nor ears to hear nor tongue to speak about the break down of the rule of Law on the streets today?

I am further reminded of Burkes prophetic words, “danger of People crushed by law, have no hope for what is right but for might. If laws are their enemies, they will be enemies to laws; and those who have much to hope and nothing to lose, will always be dangerous”

The land like no other, the miracle of Asia! We have to ask the question ourselves as to where are we on the right path? The people in Sri Lanka believe that a well-informed public, Rule of Law and a vibrant Judiciary to be the core of our democracy.

Our forefathers fought the colonial rulers and won the democratic rights for our people. We inherited not only the franchise but an upright Civil Service protected from politicians, an efficient foreign service. An unshackled Police Service, a functional education system, and independent Judiciary.

What are we now left with?

It is our call today. Let us at least save the Judiciary from this monocracy and save the last existing pillar of democracy.

We shall not allow to engulf the bulwarks that we built and treasured since independence. Independent statutory bodies that were in place to provide protection and fortification have been muted and mummified over the years. Law enforcement authorities have fallen prey to the fearful invasions. The manner in which the Bar has been compelled to tolerate should by no means be interpreted as its weakness nor meekness.

The citizen’s respect for law, Esteem for the courts and for the judges who preside over them is the very essence of the Independence of the Judiciary. Confidence in these institutions and in the men who administer them is “sine quo non”,  if this respect is to be maintained.

This essential co-relationship between “public respect” and the “rule of law” needs to be recognized to maintain the dignity and respect of Courts.

Arthur T. Vanderbilt (July 7, 1888 – June 16, 1957) Chief Justice of the New Jersey Supreme Court from 1948 to 1957, stated that “It is imperative that judges-beholden to no man, independent and honest, and- equally important, believed by all men to be independent and honest to the cause;”

If we do not have in place, procedures that are free from the Executive melancholy with the confidence that globally accepted principles, are observed in our Country too the resultant Justice would be colored and mutilated.

If merit, seniority and eminence is to be ignored with Judicial appointments being made on the basis of a collateral agenda, our hope for the miracle of Asia would be a distant dawn. Due consideration should be should be given to career Judicial Officers who have worked hard to administer justice over their entire careers and in suitable instances best ever and first rated appointments should be made from the Attorney General’s Department. If these salutary rules are breached, the outcome and its impact on the rule of law would be devastating.

May I repeat? There should be a set of transparent criteria and a due  process for the appointment and promotion of Appellate Judges which is not vested solely in the hands of one appointing authority. If this is not implemented, Public confidence in the independence and impartiality of the judiciary would then be irreparably impaired. Permit me to quote Sir Winston Churchill, from what he observed:

“The principle of complete independence of the judiciary from the executive is the foundation of many things in our island life. . . . The judge has not only to do justice between man and man. He also has to do justice between the citizens and the State. ”

Permit me to conclude my address with a quotation from the words of wisdom of Lord Buddha from the Adhammika Suthra of the Anguththara Nikaya;

“Eva meva manusessu, yohothi setta sammatho

So che adhammang charathi, pagewa ithara paja

Sabbang rattang dukkang sethi, raja wehotha dhammako”

 

So too, among human beings,

When the one considered the King

Behaves un righteously,

Other people do so as well.

The entire kingdom is dejected

If the king is unrighteous.”

 

Thank you

President

Bar Association of Sri Lanka

* Speech delivered by Upul Jayasuriya, President BASL at the ceremonial sitting of 3 Judges of the Supreme Court this morning.

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Latest comments

  • 2
    0

    Is this a Mutual Admiration Society?

    Does anybody trust them to be apolitical, incorruptible, blind to race, religion, caste, class?

    • 1
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      Upul Jayasuriya

      “Let Us At Least Save The Judiciary From This Monocracy”

      Do you mean Monarchy?

  • 7
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    Wow, very well written. I hope Priyantha Jayawardene or those who catapulted him to the front can understand the msg so nicely put by Upul Jayasuriya. If this trend goes unabated very soon we will see the likes of Mervyn and Duminda sitting at the bench of the Supreme court.

  • 8
    1

    Rule of law, security and justice went through a slow death after the British left in 1948. Little by little lawlessness crept in the governance of Silly Lanka.

    You might pretend ignorant and ask me to quote instances. I can quote many over the years but suffice it to refer you to the glaring anti-Tamil pogroms of 1956, 58, 61, 77 and 1983. Was proper justice done to the Tamil victims?

    Don’t talk about Tamils, they don’t count – call them all terrorists if you like. And terrorists can’t have justice as our fair Chief Justice ruled in a recent case of death in police custody of a Tamil youth.

    Attacks on Mosques, Churches and Muslim shops now. What does the state do – aid and abet these. What do the judges do? Just watch, because they can’t bite the hand that feeds them.

    BASL wakes up like Rip van Winkle and screams:
    Let Us At Least Save The Judiciary From This Monocracy!

    There is no Monocracy, it’s only a step away from anarchy – Silly Lanka.

    The society has become a decadent and immoral one with blood thirsty Buddhist monks, who are ignorant of the modern world, mass-murdering rulers, security forces law unto themselves, impotent police, and pliant judges who please the rulers.

    This is really a miracle of Asia that it still holds up without falling apart, may be not yet.

    • 3
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      Well said Thiru, but its like pouring water on a ducks back as far as
      the Regime is concerned. How about the BASL taking this matter up with
      C/W Sharma for the records?

  • 1
    1

    If Your Lordship [Edited out] Priyantha Jayawardena has an iota of self respect you will resign and disappear.

    • 0
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      Not a smart comment. He was appointed by President of Sri Lanka, not himself.

      • 1
        1

        Surfer,

        Not a smart comment, eh? With the deaf and the blind such as you as Citizens, Sri Lanka does not need enemies!!!

        For a long time this sycophant Priyantha Jayawardena has been groveling at the feet of Government Ministers, prostituting himself for crumbs off the high table:

        7 years “at” the Attorney General’s Dept. Doing what? Facilitating and rubber stamping kick backs for Ministers and Directors.

        Giving legal advice to the Public at Aberdeen – briefless barrister?

        Followed a “short course” at University of Singapore – and what skills did he acquire – legalize dictatorial practices?

        Tutor & Examiner at Ceylon Law College – participating in the manufacture of legal qualifications for the offspring of the high and mighty? We know the depths to which the Law College has now sunk. Who can say with any degree of certainty that any recent product of Law College is suited to practice the legal profession?

        Visiting lecturer at Moratuwa University: Ah! Written any learned treatises? Any documented contribution to how Sri Lanka can be protected from the greedy marauding executive, protect the rule of law, safeguard human rights?

        Worked as Member on several Government Boards – advising Ministers how to violate the principles of good governance, rape and pillage the government treasury? To benefit from pittances doled out as remuneration for being an ‘obedient servant’?

        The last ten years has seen a spike in gross human rights violations, disappearances, rapes, to murder citizens in the streets and in police custody, to massacre surrendering LTTE, to corrall and massacre civilians inside no fire zones, unwarranted acquisition of private property etc. Has Priyantha Jayawardana, a member of the Private Bar, made his views known, has he appeared pro bono on behalf of impoverished victims of such atrocities?

        This guy has shown he is selfish, always worked for his gathamanawa, and willing to sell his soul to his paymaster. With Mohan Peiris as the Chief Justice, he could very well be the second wheel of the Criminal Chariot of Mahinda Rajapakse.

        True lawyers have something in them that renders them restless unless and until they do something to foster justice and fairplay. This man is not one of those. If he is, the circumstances of his appointment, just like the circumstances of the appointment of the Chief Justice, are so shameful, that in all conscience he will be loathe to keep the appointment. That is why I believe if Priyantha Jayawardena has any sense of shame, his conscience will so bite him, he will resign and disappear.

        • 1
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          Well said Indra. Seconded!

          The barbarians are within the gates and the cuckoos (many who should know better) are bending over in the hope of receiving a bit of the filthy largesse that is going around. Priyantha Jayawardena must have the hide of an elephant – he certainly doesn’t even have an ounce of self-esteem.

          Note that Sisira de Abrew and Sarath de Abrew were WELCOMED.

          Priyantha was remninded of ‘the environment’ from whence he came.

          Neat and admirable elbow work by Upul Jayasuriya.

        • 0
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          Indra,

          Sorry that you couldn’t become a judge. Tough luck ! Hope you will be born again with bit more brains to have a chance.

          You seem to have picked content FROM A NOTE WRITTEN BY president of BASL in which he added, deleted sentences as he wished, NOT WHAT SHOULD HAVE BEEN THERE. You fools just go crazy with that. Is it true that he is a die hard UNP er desperate to attack UPFA at any given opportunity? If he is a politician then how could one expect him to do the right thing?

          If you could find the speech given by BASL when former CJ was appointed read that too. BASL strongly opposed to her too.

          Immediate need for this speech writer is clean white shirts, a decent tie and a bottle of deodorant, before political speeches.

          • 0
            0

            Yes, Shirani Bandaranayaka was a stooge writing judgments according to the script provided by the Hambantota gang. Things went well until she started getting pangs of conscience. Divineguma settled it for her. She said no to her boss and the rest is history.

            Priyantha Jayawardena must have learnt his lesson well. It is a safe bet that he will function on the bench as a dedicated bootlicker, lickspittle, agent, and sycophant of the murderous Mahinda Rajapaksa. Bye bye Rule of Law, Democracy.

            Simply put, the guy does not come up to the standards required to be appointed as a Judge of the apex court. He is put there not as a Judge, but as an employee of Mahinda Rajapaksa to do his bidding. Just like the Chief Justice.

            Ponder this Surfer: In the long and outstanding history of the Ceylon / Sri Lanka Judiciary, has any Supreme Court or Appellate Court justice been reviled in the media and by the People before the advent of Mohan Peiris and Priyantha Jayawardena?

            You, Surfer, it is possible you or your relatives may be beneficiaries of the current regime. Hence you continue to act dumb and blind. Let Karma be kind to you.

            • 0
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              Indra,

              Write to President Rajapaksa. It will be in the rubbish bin without even reading as you are an insignificant person. At least you can get rid of your anger. Remember the Judge appointed by Ronald Reagan helped George Bush (jr.) win US presidency with lesser number of votes. May be MR expect the same when it will be a close contest. That will be in 2030

              Yes, I benefitted from this regime. So were millions of other Sri Lankans. Hopefully the whole country will benefit with MR or UNP.

              Did you see this clip on Bloomberg? http://www.bloomberg.com/video/the-ten-hot-new-emerging-countries-Etu4Wx8gRc2kBqfj7ajRqA.html

              Karma will not be kind to double face evil people. I have seen that. Remember May 2009? The entire leadership of LTTE were wiped out in a matter of one week and 2 million tamils live in peace with 16 million Sinhalas since then. Only the di-ass-pora have issues.

          • 0
            0

            “Millions of people benefitted from this regime”. My foot.

            Lankaenews reports that Malwatte and Asgiriya Mahanayakas got 37 and 22 duty free car permits when they agreed to keep their traps shut on their opposition to the Packer Casino Package of Mahinda Rajapakse. Asgiriya’s brother is selling luxury cars for 3 million rupees each. For sure, they have benefitted and continuing to benefit.

            Children are attending schools that have no teachers. Public schools are dying a slow death. By the devilish design of the thieving regime, the road is being cleared for Private and International Schools, the only places where a decent education is available. Only a few parents can send their offspring to these schools.

            Patients are visiting hospitals that have no medicines. Heart and kidney patients die waiting in the queues. They have benefitted by being relieved of their agony permanently.

            Sri Lanka’s balls have been mortgaged to the Chinese to build seaports and airports where hardly any ships or planes call.

            Mahinda Rajapakse family collects US$300,000 pagawa on every kilometer of road constructed. Assuming they constructed 150 km of road they have already dumped into their fat bellies US$ 45,000,000. That’s the minimum. In contrast Shirani Bandaranake who had a couple of non operational bank accounts is being investigated for money laundering and tax evasion. Surfer, are you living on this planet?

            Illgotten wealth has been dumped by the Rajapaksas in real estate in other countries like Dubai. When the so called investments in “infrastructure development” blow up in the face of Mother Lanka, these besterds will run away to the lands where they invested the looted booty. This is a new form of investing without responsibility, tailor made for thieves to get rich quick.

            Mohan Peiris has been given additional support with Priyantha Jayawardena to protect the murderous clan from criminal prosecution. Certainly they are benefitting.

            One hundred ministers are eating away the taxes levied on the hard earned income of tax payers and remittances of Sinhala Buddhist expatriate housemaids.

            8000 Armed Forces personnel are providing security for Mahinda Rajapaksa and his family.

            The skyrocketing cost living notwithstanding, there has been no commensurate salary increase for public servants.

            Citizens who clamoured for clean drinking water were murdered in cold blook by the Rajapakse goons in uniform.

            The list goes on. Do you the know the cost of all this thievery? And who is benefitting?

            So, Surfer, since you admit you are benefitting, you must be one of those bootlickers who is in the good books of the Big Thief. May karma be kind to you!

            By the way, I took the trouble to check out your clit on Bloomberg. It stank. So you endorse the statement that Ethiopia, Bangladesh, Phillipines, Zambia, and Sri Lanka are THE places to invest in todays economic world. Are you nuts, man? The guy who put forward the proposal was pulverized on the show by the lady who interviewed him. He ended up lamely taking back his views. Now that you have displayed your intellectual standing, I am wondering whether I should even bother to reply your future rants.

            • 0
              0

              You must be damn intelligent to quote lankaenews as a credible source. LOL

              All what you have posted were your own imaginary figures. It is strange you did not see pigs flying over temple trees.

              I take Bloomberg more seriously than lankaenews. Latter is just a hate onlinepage funded by anti Sri Lanka LTTE campaigners to overthrow the regime.

              Indra, there were 100s of other online cardboard heros posted 1000s of smarty comments supporting LTTE when they were attacking SL forces. They all called themselves intellectuals too. But in the end it was “big bang theory”. Now thanks to online publications, a person like you write imaginary rubbish to spend your free time and to waste others time.

        • 1
          0

          Indra( Gandhi):

          You are not as stupid as I thought you were. Let me work this one out. What you are saying amounts to Jungle Justice being administered by uneducated lot. No wonder Law and Order has broken down but then again none existed anyway. Animal Kingdom.

  • 0
    0

    The common man suffers first, in the absence of a true justice system.
    Daily we hear of common men – citizens – both in the north and south,being arrested and held in detention.
    Some die while in custody of the state – in police stations & in prisons.
    The legal fraternity can prevent such gross injustice, by being ready and available to any citizen in his hour of need – soon after arrest.
    Lawyers should be ready,willing and able to accompany those arrested to police stations/prisons,and be present beside them during interrogation.
    This will prevent much injustice.This is the norm and even allowed and sometimes required by law in many countries.

    Praising/reviewing careers of newly appointed judges is well and good,but will they also protect the common man at his most urgent hour of need?

  • 2
    0

    A brave speech made fearlessly in the name of independence of judiciary which is deteriorating at a rapid pace.
    Mr. Upul Jaysooriya ! it is time you addressed your comrades across the country at district level meetings to make them aware what is happening to the country.
    You know that though your clients respect you they don’t like your tribe because they think your comrades exploit them.
    So think on how you can be a people friendly tribe.
    Ask your comrades to appear for poor clients free of charge. If teachers teach very poor children free of charge you too can do it .
    Then you will command more respect from people. Then they will begin to listen to you.
    Cheers

  • 0
    0

    Hope the common man knows that it is all politics more than Law.

    Upul Jayasuriya
    Daily Mirror – April 14th 2013

    Jayasuriya is an old boy of Royal College, Colombo. He entered Law College in 1973 at the age of 17. He joined the Bar in 1976 at the young age of twenty, as one of the youngest attorneys at the time. He rapidly earned a reputation as a dynamic young lawyer even if discretion was not his forte.

    He soon ALIGNED HIMSELF WITH UNP and was a protégé of the then Trade Minister Lalith Athulathmudali. In 1982, at the age of 26, as the then UNP government was nearing the end of its first term, Jayasuriya was appointed as Chairman of the Sri Lanka State Trading Tractor Corporation.

    Jayasuriya has previously served the BASL as its secretary between 1991 and 1993, when Ranjith Abeysuriya was its President. It was also a tumultuous period when Ranasinghe Premadasa was in office and there were constant tussles between the Executive and the legal profession.

    During this period Jayasuriya, as Secretary of the BASL, was instrumental in filing nearly 3,000 fundamental rights applications before the Supreme Court on behalf of those taken into custody in the 1989 insurrection staged by the Janatha Vimukthi Peramuna.

    Jayasuriya remains a UNP loyalist but has of late been a vocal critic of party leader Ranil Wickremesinghe, questioning his style of leadership. Some of these disputes have ended in legal tussles as well. As such, Jayasuriya is not identified with the Premadasa faction of the party.

    Jayasuriya though is no stranger to controversy. His induction last week itself was extremely controversial.

  • 0
    0

    The many lordship are have been made appointments to legal enforcement institutions by Sri Lankan state, but so many land cases remain unsettle several decades in Lower to Higher Courts.
    Judges( lordships) and Lawyers by understanding civil cases has been postpone time to time without any solid reasons. These are the violation of poor land owners whose rights to ownership has been totally denied or ignored that headed by Dr Upal Jayasoriya BASL and Lordships of courts.
    Where is equality before the LAW in Our land? That law should be fair play in court of justice, but sorry to say it was ever-never happen & not applicable to poor people of Sri lanka.
    Hope Justice(lordships) and lawyers has to address unheeded grivireances of the public that court of law without further delay.
    MR, Ranil.W and Hakeems of MC are original lawyers as well, but court of LAW have major deficits.

  • 0
    0

    I suppose everybody has a right to quote from various european judges and sort of suggest that we follow them. It is observed that Sri Lankans like to gather at various meetings and talk in holy terms. The bar association is no different.In other places we call it bana preaching.
    The point that Mr Upul Jayasuriya is putting across is that not only in mere technical matters but also the spirit of the system should be understood and followed. No point in saying the President can appoint a judge if the president does not follow the correct spirit, that is to appoint honorable and independent judge. if the president decides to appoint judges only because they will support him the whole system becomes a joke. What is the situation of a Royal Thomian cricket match if the captain of the Royal team can appoint his cousin brother ( also a student of royal !) as the umpire ?
    I hope that Mr Upul Jayasuriya follows all the principles of the legal profession and is a honest man in all his dealings. It is argued that unlike the newly appointed judges Upul has no political bias.
    Now Ranil Wickramasinghe talks about Latimer policies. I hope he follows all the british political conventions and principles, particularly those that apply to repeated defeat and rejection by the voters.
    Otherwise all this hot air is just Veddi bana

  • 0
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    I suppose everybody has a right to quote from various european judges and sort of suggest that we follow them. It is observed that Sri Lankans like to gather at various meetings and talk in holy terms. The bar association is no different.In other places we call it bana preaching.
    The point that Mr Upul Jayasuriya is putting across is that not only in mere technical matters but also the spirit of the system should be understood and followed. No point in saying the President can appoint a judge if the president does not follow the correct spirit, that is to appoint honorable and independent judge. if the president decides to appoint judges only because they will support him the whole system becomes a joke. What is the situation of a Royal Thomian cricket match if the captain of the Royal team can appoint his cousin brother ( also a student of royal !) as the umpire ?
    I hope that Mr Upul Jayasuriya follows all the principles of the legal profession and is a honest man in all his dealings. It is argued that unlike the newly appointed judges Upul has no political bias.
    Now Ranil Wickramasinghe talks about Latimer policies. I hope he follows all the british political conventions and principles, particularly those that apply to repeated defeat and rejection by the voters.
    Otherwise all this hot air is just Veddi bana

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      Feroze: re Ranil W – please note that the once great UNP continue to suffer his leadership as an act of charity. The Permanent Leader of the Opposition will keep his position ‘ad infinitum’; where do you think he will find another position that allows him some perks to allow the man a social life, at Odels? As for following the examples of our once great white masters, DON’T expect our Ranil to do anything rash and silly like fall on his sword and resign. What a bad example to set for our other Sri Lankan politicians.

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    Wonder whether this Upul dude is on Ranil’s short list to become a Lordhip?.

    That is Ranil if get sthe plum job…

    After the intensive course in Masschusetts , Mr Ranil seems to have got an extra leg..

    Holding secret talks with the Mahanayaka Theros behind closed doors is surely can’t be for small talk.

    Has Ranil done a deal with the Eelaam PM?

    This Upul, who is one of the staunchest allies of the UNP Christian Faction, has been doing the hard yards for the last 5 years in particular, to give our poor inhabitants good governmenance….

    So surely he desrves a post like a Lordship to help the poor when they are brought in front of them.

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    Like Mahinda Rajapakse , Upul Jayasuriya too is not high on anybody’s list of honest people. He is a well known deal maker who made a lot of money when the UNP was in power for few years. Even in the tractor corporation his reputation was very low. Can Upul honestly say that under the UNP he didnot push work to his wife who is also a lawyer ? But upul jayasuriya is now quoting all kinds of great people as if he is one their followers. We see attempts by him to pretend to be a big time politician . It will be a tragic story of corruption and cunning.

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      Mananayaka Theros and Ranil Wickramasingha are birds of one feather. they sing for money and privilege. They are all bribed by Mahinda Rajapaksa. They accept the bribes with “undying gratitude”. To Ranil Wickramasingha the burning issue of the day is Colombo Telegraph being blocked. Stupid? Ofcourse not. He is diverting public attention from heinous crimes by the Executive President.

      Asgiriya and Malwatte Mahanayakes were vociferous critics of the Packer Casino and Gaming Package devised by Mahinda Rajapaksa. Hey Presto, Asgiriya Mahanayake gets 37 tax free car permits, and Malwatte gets 22 tax free car permits. Both of them have been silenced.

      Both venerables met to celebrate the windfall. They toasted Lord Mahinda (with Pol?) and Asgiriya told Malwatte “see, if you do something with a good heart, divine reward is immediate”. Malwatte said “Yes. But Oba Wahanse’s heart is much better than mine. That is why you got 37 and I got only 22.

      Footnote: Asgiriya Mahanayake’s brother is selling luxury cars these days at Rs 3 million each. (Source Lankaenews.)

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        “Footnote: Asgiriya Mahanayake’s brother is selling luxury cars these days at Rs 3 million each. (Source Lankaenews.)”

        Lankaenews? What a source to quote from. LOL Joker..

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          So, is it possible that you go to the Ceylon Daily News for reliable information?

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      There is nothing wrong by one lawyer of the unofficial bar passing professional work to the wife who is also from the unofficial bar. The subject here is subjugation of the judiciary by a corrupt marauding executive.

      If you cannot keep the discussion on course just f.off.

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        Angry? Why?

        Because some in this forum commented that Upul Jayasuriya [Edited out]

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    So, BASL president is also a politician too? Ohh my Lanka.

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    “Jayasuriya remains a UNP loyalist “

    So all this is about UNP stinky dog attacking a UPFA puppy ?

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    Educate your magistrates about illegal garages and not to protect them.This is simple take how Sri Lankan magistrates are ignoring all scientific reports and giving full protection for illegal garages operate in high residential areas. We have found around 100 such cases alone in Western province and now we are on the process of identifying them and giving international and local publicity about these corruptive judges. These garages will increase cancer and many other illnesses due to sound, spray paintings and welding and operating 24 hours and 365 days. You cannot operate spray paintings and welding garage in your living house with less than 40 perches and less than 20 feet wide road and without self-protection zone. If you have PHI report, CEA report, Police report and UC report magistrate cannot do nothing and order to close garage and order to pay compensation for the residents around and jail him/her. But many magistrates for money and sex take garage owners’ side. Even some TO in UCs also give protection for these illegal garages. Even UDA enforcement section gives full protection for all these illegal garages because monthly money they get through TOs in urban councils. Some regional politicians also protect these illegal garages. These garage owners, TOs and UDA corruptive officers and Magistrates must be find out. These garages dismantle many robbed vehicles under full support of Police stations and places of centre of crimes, drug and illicit liquor selling. Citizens come forward and helps us to minimize cancer and other diseases creates by these illegal garages operate by unlawful citizens in unsuitable resident areas. Never give letters to support to these garages and inform media about any judge who gives wrong decisions to protect these illegal garages for money.

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      These garages are Motor Vehicle Repair shops. Our Western diaspora mates wouldn’t know if these are called garages which are just places to park their vehicles.

      These Garages in Lanka are there to provide services to the Elite and the new Rich.

      70 % of the inhabitant population don’t have cars,

      Only time they hire one at a great cost is to take their severely ill to see these Medical specialists

      And their service fees are in the same league as servicing a new Hybrid vehicle..

      Plus the poor patients and their loved ones have to wait hours before they see the Specialist although they have made the payment well in advance..

      If these Specialists are concerned the health of our poor inhabitants , there are things they can do without asking help from the Pres or the West.

      Magistrates have a tough job to balance the needs of the society.

      They can’t just order the Garages out of the areas where they are needed and allow the poor in the rural areas to breath the CO and any atomized paint spray.

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        Donkey Garage means vehicle repair places including tinkering, spray paintings and welding, ac repairs…etc. Not the parking places.

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        Yes around 10% Maharagama cancer hospital patients lived more than 10 years around illegal garages. Garages mean not parking places but repairs including welding, spray paintings and tinkering and ac repairs etc. This is simple take how Sri Lankan magistrates are ignoring all scientific reports and giving full protection for illegal garages operate in high residential areas. We have found around 100 such cases alone in Western province and now we are on the process of identifying them and giving international and local publicity about these corruptive judges. These garages will increase cancer and many other illnesses due to sound, spray paintings and welding and operating 24 hours and 365 days. You cannot operate spray paintings and welding garage in your living house with less than 40 perches and less than 20 feet wide road and without self-protection zone. If you have PHI report, CEA report, Police report and UC report magistrate cannot do nothing and order to close garage and order to pay compensation for the residents around and jail him/her. But many magistrates for money and sex take garage owners’ side. Even some TO in UCs also give protection for these illegal garages. Even UDA enforcement section gives full protection for all these illegal garages because monthly money they get through TOs in urban councils. Some regional politicians also protect these illegal garages. These garage owners, TOs and UDA corruptive officers and Magistrates must be find out. These garages dismantle many robbed vehicles under full support of Police stations and places of centre of crimes, drug and illicit liquor selling. Citizens come forward and helps us to minimize cancer and other diseases creates by these illegal garages operate by unlawful citizens in unsuitable resident areas. Never give letters to support to these garages and inform media about any judge who gives wrong decisions to protect these illegal garages for money and sex without ignoring all scientific reports and investigation. Take example as a Homagama magistrate who visited a house to take a bribery. Many more judges soon we will expose.

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    It is true Attorney Upul Jayasuriya now head of BASL was a well known thief at state trading. Those days my wife was a admin officer at ST.

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    I go by certain principles in doing day to day work pertaining to my field of activities. On of these principles i firmly believe is:

    “If you do not have “shame and fear” anyone could do any degrading thing in life”

    I said this even when the present CJ was appointed. As seen by the credentials enumerated above by the BASL, the third person, His Lordship Prinyantha Jayasundera should have compared his suitability with that of the two others appointed. He is also an “educated professional” whom I believe is capable and matured enough to make honest decisions. So he should have questioned for himself:”Am I suitable to hold such position in the Highest Courts in Sri Lanka and sit along with the rest”? He did not find the correct answer. If he answered it honestly, he would have refused the offer very kindly. But why he did not?

    The only answer. in my opinion is as stated above: “If a person does not have shame and fear,he /she could do any degrading thing in life”.

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    douglas, I feel that if impeached former CJ was chosen to supreme court with her credentials at the time, then Justice Priyantha’s appointment is fine. If Justice Priyantha was a UNP politico then critics would have argued differently.

    It is one big made up lie that justice Priyantha went behind Rajapaksas. Like many top companies, they came to him, To my opinion he should be proud (and fearless – to act) that his contribution to Sri Lanka is recognized by the head of state. He will loose loads of money every month as he was one of the most sort after lawyers in corporate sector. I know justice Priyantha well.

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    Naresh: My comment and assertion equally apply to former CJ too.

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    I think Justice priyantha (pleasant ? ) [Edited out]. Otherwise we cannot explain why so many people write to the CT insisting that Justice priyantha has a big and lucrative legal practice.This is very unnatural. The fact is he is hardly known and based his practice on government cases. And we know how lawyers get work from government Corporations. Many visitors to the temple trees fortress have seen justice priyantha acting like a usher there.This is how far the supreme court has fallen.

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    Harry, Your post shows how little you know about him.

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    The first rule in an intellectual discussion of this nature is not to make personal aspersions as the person against whom such remarks are made is unable to defend himself or to make a counter comment.

    I find that Upul Jayasuriya since his appointment to the state trading tractor Corporationhas converted a totally loss making corporation in to a substantial profit masking corporation. Infact he has been awarded the Jaycees for his achievements in the state Trading Tractor Corporation converting a loss making corporation in to a profit center. Central Bank reports of 1982-1989 would bear ample testimony.

    Also during this time his wife was working in the Attorney Generals Department as a state Attorney and there was no question of his passing on any work to her and give her legal work. This allegation too is completely false.

    Now let us turn to his speech as the President of the BASL. Remember he is the messanger. So look at his message contained in the speech. Dont kill the messanger. I hope those who make derogatary remarks understand this. As far as the lawyers are concerned they appear for both sides of the case. One party suceeds and the other party fails. Lawyers do not suffer if there is no independance of Judiciary with political decisions pour out of the judiciary. It is only the people, the public at large who suffer. It is their cries and the tears that will not be seen by the people at large.

    So let us all support them when they speak for Justice and rule of Law. It is our call. If they fail we shall all fail. Lets get ready with tears in our eys.

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