18 April, 2019

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‘More On The Impeachment’ – A Further Response

By Elmore Perera

Elmore Perera

Izzeth Hussain in his article filed “Chief Justice and the struggle for democracy” published in the Island of 28th November 2012 stated that “There does seem to be a broad national consensus that the government has acted hastily and put itself in the wrong. On one point there seems to exist a virtual unanimity: the Government is acting unconstitutionally in arrogating to Parliament judicial functions in regard to the alleged misdeeds of the Chief Justice, whereas under the Constitution Parliament can exercise such functions only in regard to its own immunities, privileges and powers. The question of whether the Standing Orders of Parliament can legitimately negate or modify a Constitutional provision has still to be determined by the Judiciary. For various reasons the Government seems to be in a no-win situation. It would therefore be well advised to stop the impeachment proceedings.”

He went on to say that: “Governments have been notorious for making political appointments, the beneficiaries of which are expected to side with the government. Her husband has reportedly been the beneficiary of privileged treatment by the Government. The Chief Justice is a separate legal person and she cannot be blamed for what her husband does. But it is a fact that we cannot ignore that the nexus in the public mind between political appointments and influence is very powerful. There could therefore (without citing any rhyme or reason)  be a case for the Chief Justice to bow out gracefully – after meeting the charges made against her – in the interest of establishing the highest norms for the Judiciary.” (The rationale for this statement continues to baffle my simple mind). “JRJ gave the impression that he and Parliament were supreme over the people. That misconception which still seems to be prevalent must be corrected. The Sovereignty of the people entrenched in our Constitution must be asserted loudly”. “The entrenchment of democracy in this country requires that the arrogance of power, which lurks behind the assertion of Parliamentary supremacy, be tamed. We do have a democracy, though a deeply flawed one, which might be called a quasi-democracy. We can take action towards a stable and fully functioning democracy. Or, we can be our own executioners.”

Mr. Hussain followed this up with an article published in the Island of 17th December, 2012. He reiterated that the “Government seems to be in a no-win situation. It would therefore be well-advised to stop the impeachment  proceedings” and stated that “the reasons for holding that the Government is in a no-win situation have become much stronger. The PSC has moved with a stunning celerity (swiftness) to push the proceedings towards what must seem to most unprejudiced observers as the predetermined conclusion of impeachment. So the CJ is impeached either on sufficient or on insufficient grounds. Either way the Government stands damned ….. Sri Lanka could even get kicked out of the Commonwealth. No Government in its right mind will feel complacent if it gets into a position of international isolation, and that is precisely where Sri Lanka is going by compounding the nonsense on the ethnic problem by even more outrageous nonsense on the Chief Justice. Sri Lanka has no international clout, potential or actual, worth speaking about. It will be stupendous folly on the part of our leaders to put Sri Lanka in a position of international isolation. I suggested that the Government stop the impeachment process, and the CJ resign after facing the charges against her. She cannot be blamed for her husband accepting privileged treatment from the Government, but the fact is there that in the public mind there is a powerful nexus between politically privileged treatment and political influence. Her resignation would therefore be seen as being given in the interest of establishing the highest norms for the judiciary, and not as a quid pro quo arrangement. In any case we cannot expect that the Executive, the Legislative and the Judiciary will work together in harmony, and that certainly would be an unsatisfactory situation. The President himself has stated that he will appoint an independent Committee to report on the findings of the PSC. It is mainly through the violation of democratic norms that Sri Lanka could come to be targeted for punitive action. Therefore our priority should be to struggle towards a fully-functioning democracy.”

Having said that Democracies are not usually addicted to the warrior ethos, he concluded by saying that, “after all, under a quasi-democracy  with only some of the blessings of modernity, at the age of eighty five, he too was “still having a damn good time, and that only a mutt would want war today, and then said, ‘Let’s opt for democracy.’

I was even more baffled with his considered conclusion that “her resignation would result in establishing the highest norms for the judiciary.” On the contrary, it will certainly be construed as an implicit admission of guilt and set the dangerous precedent that any judge who fails to deliver a judgment that pleases the Executive will have to resign, thereby establishing the lowest possible norms for the Judiciary. I was convinced that Mr. Hussain could not have been serious in making such a preposterous suggestion but, being only 79 years old and not “having a damn good time myself ”, I refrained from questioning his logic.

I was, however, greatly relieved when “Concerned woman” took the words out of my mouth in her response to Mr. Hussain in the Island of 19th December 2012. I must confess that I could, in fact only interpret his suggestion that “the CJ resigns after facing the charges against her” as a ‘sordid quid pro quo arrangement’ and nothing else. However his response to “Concerned woman” published in the Island of 22nd December leaves me dumbfounded in disbelief.

Having twice affirmed that ‘she cannot be blamed for her husband accepting privileged treatment from the Government’ he goes on to reiterate that there is in the public mind a
very powerful nexus between politically privileged treatment and influence
and that her resignation in that context, even if the rationale behind it is not declared, will strengthen democracy, the rule of law and the independence of the Judiciary, and further that her resignation could then be seen as an act of self-sacrifice in the interest of establishing the highest norms for the Judiciary. He seeks to justify this preposterous suggestion by citing what he sees as a practical problem that cannot be evaded, viz. that if she continues as CJ the Executive and the Judiciary cannot work together in harmony whereas good democratic governance needs a degree of equilibrium between the Executive, the Legislature and the Judiciary. Drawing attention to the fact that the Executive and Legislature are directly elected by the people while the Judiciary in not, he contends that it seems to be  anomalous that the Judiciary should be able to set aside the will of the people expressed through the elected Executive and Legislature. His view appears to be that the elected Executive and Legislature are in fact acting in accordance with the actual will of the people and that the decisions of the Judiciary should be more recommendatory than mandatory. This is tantamount to a repeal of Article 125 of the Constitution which vests in the Supreme Court the sole and exclusive jurisdiction to hear and determine any question relating to the interpretation of the Constitution (including the extent of the Executive, Judicial and Legislative and Powers of the Sovereign People delegated to the President, the Judiciary and the Parliament respectively) and make any such consequential order as the circumstances of the case may require. Then, and only then, will be President and the Speaker be empowered to determine the limits of the Executive and Legislative powers delegated to them by the Sovereign People, in the Constitution. Will that not be tantamount to giving them the “freedom of the wild ass” and a prescription for certain anarchy?

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    Thank you Mr.Elmore Perera for your contribution and exposing public on current political situation in country today.

    I hope you have some good memories under Pre-Independence British Empire…..as my father always used to say Good about them. Of couse my father is more methodical,neatly dressed,dutiful, punctual, and disciplene much more than myself…..and I think he inherited those qualities from the British priests who where incharge of christian education and schools those days.

    I am happy if you could write articles comparing some of the governance between the British and the current day politicians……where we hear today always Govt.politicians Bashing the British as foreign Invaders…who ruined our country while still beneficting everything from tar roads,transport, ports, airports, Tea rubber and coconut plantations, schools, hospitale, electricity, water borne pipelines to Railways, university education, industry etc…etc…

    People like you should educate and write the truth to reveal what current day politicians who keep bashing British rulers without any appreciation for what they have done and who built everything and handed over to us without letting us indebt of a single penny to anybody.

    Can you boast anything on our economy, social and communal lives today after 60 years of independence….other than all the best cream of intellectuals of all communities leaving the country for good and politics gone to dogs and the debt is sky high while people suffer enormously……….Please do write.

    Yes both Izzeth Hussain and the other who he plans to keep in the seat are “Wild Asses”

    The reason is I studied and analysed the CJ impeachment on following basis.

    I think this whole CJ impeachment is based on three issues. They are….

    1)It’s CJ’s sister who bought TFC Trillium property when it was under investigation……..and if there was any restrictions to purchase the property at the time CJ’s sister bought it…….

    2) How CJ maintained 20 odd Bank Accounts with huge sums….

    3) Why CJ did not publish these assets (Bank accounts) in her year end Tax filing….

    I don’t give much attention to CJ holding high position, while her husband has a Lawsuit against him…or…… he holding a Govt, VIP Position while CJ is in the supreme court as Chief Justice……….as I think these are mere political issues.

    As to the a bove three qiestions……..CJ answered as follows..

    1-A) According to CJ…the time CJ’s sister purchased TFC property, there was no clause to restrict purchasing TFC property. Also ex CJ Sarath Silva had purchased a same property during the same period…….Moreover it was CJ’s sister who purchased the property and not CJ. CJ was only a Notary for her sister.

    I don’t worry about the Rs. 1.6 million discount as these discounts are mere common Practice in real estate business sales, and PSC should have known better.

    Therefore how could PSC bring a Lawsuit against CJ…….. for a property bought by her sister……..eventhough if there was a restricted for sale.

    2-A) CJ says these 20 accounts are generated by the banks automatically …..when they deposit the CD’s, and once they mature after the said period….and are re-depositrd same with interest with purchasing more CD’s to another bank generated account….………which the PSC could not understand properly.

    3-A) CJ says she received only her salary and the other monies were sent by her sister who lives in Australia to pay-off the mortgage of TFC property.
    IF so CJ does not have to include those monies in her annual tax filing report as they are not her money.

    Therefore I want to know why PSC cannot come to a conclution based on the information CJ has provided them with. PSC could have consulted an Accounting firm on Money and bank A/C matters,…… a Law firm on the validity of the Trillium house purchase…… and a Tax consulting firm on the CJ year end Tax filing issues.

    With reference to justice Thilakawardene to step down on Golden Key issue….I think that since the case is more Deep, more bureaucratic and corrupt with top Govt. VVIP’s are involved,…. CJ would have thought that she will handle it herself. We will see the truth once the trial begins.

    WITH RELATING TO MR. KARIYAWASAM’S CASE…..YOU WILL SEE THE BIGGER SHARKS INVOLVED IN THE SORDID TFC STOCK SALES WHEN THE CASE BEGINS AND THE CULPRITS REVEALED.

    Therefore under my above analysis I don’t see any MISDOINGS OR ANY CORRUPTION MADE BY CJ.

    Therefore Please Mr.Perera let me have your own reviews on my above findings……if to justify any reason to fault CJ.

    THEREFORE WE COUNTRY LOVING CITIZENS STRONGLY SUPPORT FOR FUTURE ADMINISTRATION OF THE COUNTRY TO BE HANDED OVER TO “JUDICIARY”…. AND THE REST OF THE PARLIAMENT MEMBERS TO GO ON EARLY RETIREMENT………………. AS MINISTER MAITHRIPALA SIRISENA HAS DECIDED TO D0.

    WE COULD GIVE THE JUDICIARY TO ADMINISTER COUNTRY WHO ARE EDUCATED, CULTURED, QUALIFIED AND MORE CAPABLE TO RUN A COUNTRY THAN UNEDUCATED, UNQUALIFIED AND UNCULTURED PARLIAMENT MINISTERS.

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      Thank you M. Elmore Perera for another brilliant piece – Isseth Hussain has LOST THE PLOT!
      It was Mahinda Rajapakse that mischeivously appointed the CJ’s husband for the NSB to politicize, corrupt and destroy the Judiciary, FIRST, and it is hence Mahinda Rajapakse who should be IMPEACHED.
      The MYTH that the parliament is supreme even though it is full of UNEDUCATED thugs, morons, criminals and Rajapakssa relatives turned politicians in order to make MONEY through MONEY POLITICS which is dominant today is Sri Lanka, is a MYTH cultivated by the govt. and the dead leftists that support it.
      The MYTH that the parliament is supreme is a MYTH cultivated by the knave Ranil Wickramasinghe– the pathetic leader of the opposition in perpetuity since he feels important sitting in the Diya-wenna parliament of corrupt and uneducated morons, who have huge perks as MPs and are wasting public funds on the high life, and audis, BMWs and Lambughinis!
      It is the Rajapssa family and their corrupt politician supporters including Ranil Wickramasinghe of the diya-wenna parliament with a few rare exceptions who should be IMPEACHED because they have INSTITUIONALIZED CORRUPTION and in all governance institutions and have run a Kangaroo Court in paliament bringing harm and disrepute to the Judiciary, Legislature and sovereign people of Lanka and should be held ACCOUNTABLE.

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      Let me take one point-the bank accounts.You say when the CDs mature the balance become zero. Then they are renewed.It is not correct.When CDs are renewed the account does not become zero. ITt continues. This is about CD accounts. What about the current accounts which carries large number of transactions during each year while they becomes zero on critical days(23/03) of each year. Has she declared the income derived from the CD accounts in her tax returns.She is supposed to have stated that her only income is her salary.

      Well I think this is enough for now. All your other points too are as weak and they are not worth discussing.

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    I dont see any reason for the CJ to resign or stay at home just because her husband is accused in a case. It is normal practice for judges to abstain from cases where there is a conflict of interest. Further a person is presumed innocent until proven guilty. The case is still before the magistrates court. We need to know the outcome of the case as well and who knows what evidence will come to light.

    Being given an appointement in the public sector cannot be considered a major problem. A person could be employed either in the public or private sector or his own business. If a person is appointed to a position in a private sector firm and then he is accused of some irregularity and the case comes before the courts should we ask his spouse who happens to be a judge to resign? Or a case involving the company comes before the courts?

    I wonder about the spouses and children of other judges. We know the cases of former CJ Asoka de Silva and the favours bestowed on the children. In which case AdeS and Mr Balapatabend the bribery commissioner should both resign. The same rule should apply to the President and members of the cabinet. Presidents secretary Lalith W’s wife was in the SEC when there were so many allegations of insider trading etc. Should Lalith W have resigned? The presidents children are involved in many questionable activities misusing govt resources like CSN, CMSC, has the president resigned?

    Offering of discounts for full cash payments is normal practice in the housing sector. These are offered to all buyers who pay the full payment at the time of purchase. So if the CJ’s sister did the same she would have been eligible to the discount.

    So these are issues raised by interested parties simply to get rid of CJ SB. Their main intention to support a dictatorial regime and subjugate the judiciary and rule of law. There no reason to satisfy these people who do so out of malice and evil intent. For the evidence to come up there has to be fair trial which has been denied and this is the main issue. Having yet another commission to investigate a mistrial is a waste of time. Tehn action should be taken against the sham judges not the accused.

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    I usually read the article of elmore perera from the east. He gives a lot of unknown information. He rightly pointed out that CJ husband was given a privileged post politically. But the government failed to include that as one of the charges to the PSC, as they know they are also part of the blame (bribe)

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    Thank you, Mr. Elmore Perera for challenging the stupid proposition adduced by Mr. Hussein. Ah! If Shirani Bandaranayake continues in office, the Executive and the judiciary cannot work together in harmony! And therefore she must resign! What a silly argument! Why doesn’t Mr.Hussein ask the President to resign? What does he mean by saying “working together in harmony”. Does it mean whenever the President gets his servile MPs to pass an anti-democratic or unconstitutional piece of legislation, the Supreme Court should readily rubber-stamp it, its approval? Why can’t what he describes as harmony exist if the Executive and the judiciary exercise their respective powers within the limits stipulated by the Constitution? Does that writer mean that the judiciary should fulfill the wishes of the President to be in harmony with him? If the President is to have a servile judiciary in addition to a servile Parliament, may God save this country! Besides, the Chief Justice is the aggrieved party. Why should she resign? The so called equilibrium will be there so long as the Executive does not usurp the powers of the judiciary and the judiciary the powers of the Executive. All right thinking people in the country expect the Chief Justice to carry on the fight to its logical conclusion and not resign under any circumstances. Right is might and that might is on her side!

    It is a fallacy to say that the Parliament and the Executive represent the will of the people. The reality is that the government MPs who account for the Parliamentary majority are lackeys of the Executive and the Executive who is above the law does not care twopence about the will of the people!

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    Mr. Elomore Perera should be saluted for his very candid clear exposure of the double tongued contradictory balderdash that gets printed in the papers these days. At 79 years of age Mr. Perera continues to make a remarkable contribution to Truth and Justice never wavering in his honest rational exposition of the False and Evil. This is a man who truly inspires us to work towards changing society however hard and futile seems the path of struggle to uphold the good and condemn the bad.

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    The anti Government jackals and the media as well as the Tiger Diaspora have joined forces again to undermine the great leader Mahinda and his government. Who is this CJ? Why all the fuss about a [Edited out] woman who manipulates millions in her bank account to avoid taxes? What about her dodgy husband? The less said the better.Why are you not publishing the views of Government Supporters . BASL President is a disgrace to all the legal fratanity in SrLanka. He is a UNP MP out to embarrass the Government through the BASL. Heis a traitor. He should be thankful to the President who rid this country from terrorism which made it possible for him to hold street demonstrations and dash coconuts in places of religious worship. The Chief Justice is also a shameless woman trying to hold on to her position after being found guilty of misconduct . All those who support these traitors are themselves traitors. If not for Mahinda these traitors will be pulling rickshaws with the Sun God Prabkaran seated in the rickshaws. What were these pundits doing when the Tigers were holding courts and trying civilians and executing them in their Kangaroo Courts? The JVP also did the same in 1971? Where were these big mouthed freedom fighters then? Mahinda should sack the entire Supreme and Appeals Court Judges and appoint fresh members to the judiciary. The Government in power should not allow some crooks to run the justice system in the country.

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      From the tenor of your comment, you are non other than Idi Mahin’s arse licker. Enjoy!

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