19 May, 2021

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Namal Rajapaksa’s law exam cheating case goes to Geneva

By Colombo Telegraph

The scandal of Namal Rajapaksa, eldest son of President Mahinda Rajapaksa, Member of Parliament, and heir apparent, receiving favoured treatment by the authorities at the Sri Lanka Law College at his attorneys-at-law final examinations grabbed media attention earlier this year. Thushara Jayarathna, another candidate at the exam, alleged in complaints made to the police, Law College and even the then Chief Justice, that Namal Rajapaksa had been accommodated separately in an air-conditioned room with internet enabled computer facilities to sit for his examinations.

Namal Rajapaksa, eldest son of President Mahinda Rajapaksa, Member of Parliament, and heir apparent

In the present political climate of Sri Lanka, the courage of Jayarathna’s decision to go public does not need to be retold. He has not only faced physical harm and intimidation for his trouble, but also received no justice either from the Law College or from the Sri Lankan courts. The Supreme Court has thrown out his fundamental rights case on technical grounds, thereby exhausting all his local remedies. He is therefore intending to take his case to the Human Rights Committee in Geneva.

That there is no justice to be had from the Sri Lankan judicial system, especially in cases concerning the ruling family, is becoming alarmingly clear day by day. Bharatha Lakshman Premachandra’s family have clearly stated they have no confidence in the Sri Lankan system and would “go outside and ask for justice“. Shan Wickremasinghe has felt the need to inform foreign embassies about threats to his life.

Below we give Thushara Jayarathna’s account of what happened at the Law College third year final examinations in 2010, and subsequent events.

My name is Dassanayake Mudiyansalage Thushara Jayaratna. I am a final year student at Sri Lanka law College and my registration number is 17988.

On 3rd December 2010, I made an official complaint about irregularities in the Law College examination system. I also registered a complaint at the Keselwaththa police station.  Following my complaint which garnered a lot of attention within the college, in the media and by the Asian Human Rights Commission, I was summoned before college authorities on 11th January 2011 and asked to explain the exact nature of the irregularities. I then listed three main complaints as follows:

1. The college allowed Mr. Namal Rajapakse to appear for his exam in an air conditioned room with internet facilities. This is in direct contravention of rule 60 of the college’s own exam code as well as article 12(1) of the constitution.  Rule 60 of the exam code clearly states that candidates may not have any books or learning aids with them for the duration of the examination. It also does not allow mobile phones – even if they have been switched off. However Mr. Rajapakse was allowed an internet enabled computer on his table. I saw Mr. Rajapakse enter that hall and clearly stated as much at the time of registering my complaint.

2. The question paper on the third day was leaked. I witnessed two candidates discussing the question paper before the exam began.

Thushara Jayarathna has not only faced physical harm and intimidation for his trouble

3. The college registrar used the Law College official phone line to make a threat to my life on 6th December 2010. I was thus unable to appear for the Accounts paper as a result of these threats. The head of the institution then informed me that he would make a copy of my statement available to me. However I have not received a copy to date.

The honourable principal of the Law College then stated to both Lanka e news and the Sunday Leader that I had made the complaint against the institution because I was not fluent in English and went on to dismiss the complaints as mere hearsay.  I immediately wrote a letter to the honourable chief justice on the 26th of January 2011, strongly condemning these statements.  I am making arrangements to send you a copy of the letter as an attachment. In the letter I clearly stated that my complaints were not based on hearsay but on what I had personally seen and heard. I sent the letter by registered post.

With regards to the death threat I received, I would like draw your attention to a statement by the former Chief justice to BBC Sandeshaya, where he said that if any candidate was allowed to appear for the exam in an air conditioned room it would be a clear and serious violation of the institute’s own exam code and would indeed call the entire examination system into question. The hon. Principal made a statement to the media saying that Namal Rajapakse was given an AC room in which to sit for the exam since there was no space in the other examination halls. In my letter sent to the chief justice I pointed out that this claim was an absolute falsehood, since there was plenty of space to accommodate candidates in my own examination hall. The hon. principal then made a statement to the media that a decision concerning me had been made on the 17th. However after sending my letter to the chief justice, and in a response to BBC Sandeshaya, the hon. chief justice said that a decision in this regard had not been taken as yet and that the matter was still under investigation.
However after this you are aware that I was abducted, I was beaten up in my own home and made to forcibly sign documents. Today with absolutely no decision taken with regards to my complaints, Sri Lanka Law College has passed Mr. Namal Rajapakse, failed me and sought to end the matter there. The question that now arises however is the validity of rule 60 of the institute exam code going forward and whether it was not contravened. This would mean that future candidates of this examination would have the right to use the internet enabled computers while writing their papers, or given the limited number of computers within the institution, be allowed to bring portable internet devices. I filed fundamental right application assistant from local human right groups  and Attorney At Law  Lakshan  J.S. Dias.  10/25/2011Deputy Solicitor General Shavendra Fernando and Nerinpulle objected to the taking up the case based on the time bar an the jurisdiction of the case. D.S. Wijesinghe PC appeared for Namala Rajapakse made the same objection and case was dismissed after they heard my submission on the above objections, I would request your help in  presenting my case before the international human rights court in Geneva.  I believe that what took place in the Law College examination is not only a sign of the intuition compromising its own examination code, but also sets a dangerous precedent. If this is allowed to continue, I believe that we may soon be faced with a situation where the children of prominent politicians will be allowed to appear for even the Law College entrance examination in unfair conditions
D.M.Thushara Jayarathna

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Latest comments

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    And it SHOULD go to wherever that`s impartial on investigations…Infact, the Bar Association of Sri Lanka and the Bench, should come forth in a collective effort to push for an investigation…

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      law in ass

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        Agreed law is the ass in Sri Lanka, how can Namal be able to do what he wants even though there are laws that state otherwise. What are we teaching our kids, there are laws for some but not others, Namal should have been expelled regardless on who’s son he is. I really hope the one day when this regime is out that someone brings this back up to them and challanges them on this. Good on you son for speaking out and taking a stand, wish more people in SL would do the same.

        Brian

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        UBALAGE AMMAGE

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        UBALAGE AMMAGE ASS…

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      HATS OFF TO THIS GUTSY FELLOW SRI LANKAN FOR STANDING UP AGAINST THE RULER ITSELF. WE NEED MANY MORE THUSHARA’S LIKE THIS.

      I WISH HIM ALL SUCCESS IN THIS CASE AHEAD.

      DON’T WORRY THUSHARA SOONER OR LATER THE ONE AND ONLY ALMIGHTY ABOVE US WILL GIVE YOU VICTORY AS HE HAS ASSURED SO FOR THE OPPRESSED LIKE YOU AT THE HANDS OF THE MIGHTY.

      KEEP UP YOUR CHALLENGE .

      WE ARE WITH YOU.

      M.F.HUSSAIN
      SRI LANKAN.

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      Why is the Bar Association silent about this do they accept this type of scandal, please come forward,this is a appeal to the Bench, all Student unions,do not allow this type of corruption,get on the road and protest,take this Internationally. publish in the media.

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      Thushara Jayarathna is a smart guy who is collecting evidence to claim ASYLUM in Western country.
      Mark my word!

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    Like father Like Son. Mahinda also cheated in law school. Palitha K was his tution mentor and does his home work. GL was the lecturer. A worm. Mahinda got exemption as an MP for 50% of his studies, but the fellow had NO F###ing clue. Same with Namal.

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      sorry about this person may be tired of washing plates in the evening to collect college fees now only allow 20 hours that is why insulting ` our president

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        i love u

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        So you like the president who is a thug and a cheat with a son who is following in his footsteps. Welcome to another banana republic with a thuggish dictator.

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        washing plates to collect fees is far far better than cheating. Even Rajiv Ghandi did that because they didn’t want to deprive public money. I know it’s hard to understand for most of uneducated people.

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        prbly u must b lickin their plates mr.

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        i hope namal will not practice as aloyer,because the loyers who are in our country making somuch money by………????????? judgment is by god only. anura bandaranayaka did not get through his O/L examination, but he was a perliment member on both sides. tushara jayaratne, change your trac and find your way for beter prospects. you are a smart guy.god bless you.

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      DG, well said. Late Jayaraj Fernandopulle also said the same thing to me. both were in the same batch.

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        paraya’s back cavity licker

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        MEGA MODAYA FAMILY OF GOOOOOOOOOOOOOOOOOOOOOOONS< not even worth the paraya back cavity!

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      Yes . You are right. Another law answer the examination paper and put Minda’s number into his paper and mahinda put his number. He cheated at the entrance level. Son is also like father. These are our future leaders

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        RETADED FAMILY MR. & S.O.B

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      Excellent comment….Is this a duplicate copy of Gadafi and Co. running mad in Libiya?
      Since the father and the son duo cannot practise law they into POLITICS.

      Gerard

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      when justice dies in a society
      everything else is cremated

      from DSS to PMR all SL leaders in different degrees, dismantled the justice system for their own interest

      so where there is no rule of law only animals can roam

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    Aney Apoy,,,,,,,,,,,,,,Pissu peekudu

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    There is no rule of law in this country. take care Mr Jayarathna!

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    Idi Ameen made his son who was a teenager at that time a General while there were many military officers who deserves that position. There were Idi Ameens in the past and there are now and there will be in the future. Such Idi Ameens should understand that it was the people who forced them to fee ;)

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      Well said Dr Marverick!

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    King Elara treated his son fairly. But Elara is a Tamil and a threat to Buddhism and Sinhala nation. King Mahinda does not treat his son fairly but gives special treatment. But he is Sinhala and protector of Buddhism and Sinhala. Those who have ears, may listen.

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      MR Should not follow king Elara ….cos he an Fxxxing 1st generation LTTEr

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    Thusara, you are a courageous fighter for justice, at a time, when such is a vanishing breed. I hope this fight will take you to the broader challenge of struggling for an alternative political order which would have buried this rot of corruption and privilege, along with the prevailig mafia-fascist, crony Capitalist sysytem, and all dictators,tyrants and war lords that have brought shame upon our land, shed the blood of the people and committed crimes agaginst Nature and Humanity, be put on trial to face a people’s tribunal.

    All strength,

    Com. Surendra

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    I think the Bar Association and the legal fraternity has to take this up as a serious violation of existing rules and regulatory practices. They are the custodians of the legal system and the fraternity has for centuries, been proud of their principles and morals. If these are being violated in any way, now is the time then for them to fight for what is right and true and not fall into the political quagmire that most erudite individuals and fraternities have fallen into before, in the name of politics!

  • 0
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    “No way out”, its the destiny of every Sri Lankan!!! May God save Sri Lanka!!! The real war and the destruction have already begun …. Wait & see !!! More to come …

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      Your GOD will save only Tamil Nadu… we have other gods to protect our motherland.

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    Thuara! you life is in danger. Be careful. King can kill you. Go to the Embassies in Sri Lanka and write to them. There is no human right for Sinhalese in Sri Lanka. How we can see Tamils in Sri Lanka. Sri Lanka is now a Kindom with no law. Because 18 ammendment distroy law of Sri Lanka.

  • 1
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    you are the man with balls!

    weldone and good luck!!

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      Kick the BEAT out of Namal the LOOOOOOOOOOOSER!

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    This is Sri Lanka equalling to Libyas Gaddafi & sons,Siryas Assad & sons and egypts Mubarak & sons and so on….
    The only difference is that in Sri Lanka these dynasties/fathers & sons are elected by a nation of mostly ignorant IDIOTS…..with .kind of a ” frogs in a well” mentality..

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      What choice did people have with the alternative being Chandrika and Ranil who were ready to go to bed with LTTE Supremo anytime.

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    This case shows how rotten to the core and corrupt the systems which prop up this regime are.
    Thushara we admire your courage and hope you will get the support of the agencies which stand
    for justice , to protect your rights and get you the victory you deserve. .Remember your fight is not only for yourself.It is for all true Sri Lankans who uphold values of democracy, justice and equal rights.
    Having MR and Namal cant be our destiny! We who love Sri Lanka deserve better!!!

  • 0
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    Nice propaganda to sling the mud I went after this thus hara guy its a mud slinging story they said

  • 0
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    at least one law student have a back born, goooood luck!

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    Oh yes, you must be the real Mahasona, or are you the Kings’ mahasona, seems like the King is dead and everybody else around him are now calling the shots!Well said Daya, “This is Sri Lanka” The Isle of Fools – Our people have very rarely elected a or even allowed a honest politician to hold office for long, cos this is how we do things, shame on us, if nothing comes out of it on a personal gain, out the person goes and we then gladly bring in someone who will take us all for a ride, just like what is happening now. Lankans also forget very easily, watch, the King will declare a salary raise or have a Cricket tamasha and our Modayas will forget everything else, while the Rajas rob us all clean – Sri Lankan Style!
    S

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      So what is the alternative?

  • 0
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    Both father and son cannot be deemed lawyers, they are liars and cheaters. Crown Prince has not even passed his G.C.E (O.L)!!!

    • 0
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      Did he PASS GRADE 8?

  • 0
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    Can you expect Justice & Fair Play in Sri Lanka?? Certainly not under the current regime. If you take it to the International Community, you are branded a LTTE Supporter or a traiter. During the war, some citizens had no rights, but after winning the war, everybody lost their rights.

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      Only hard Core LTTE supporters like you lost the rights, not the public in SL.. RIP with LTTE you loosers..

  • 0
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    murder of the justice system
    i wish to know what
    Dayan Jayathilke
    Jackson Anthony
    G L Peiris

    all other protectors of this regime have to say
    is this also because we had LTTE terrorism in SL

  • 0
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    Father/Son “modaya” in Sri Lanka is nothing new! Can anyone imagine if these GOONS were practising LAW, how they will appear in courts, how they will present the case……REAL LOOOOOOOOSERS!!!!!! Did they pass grade 8 atleast before being admitted to the BAR? ARRACK/KASIPU!!!!!!!!

    • 0
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      I agree with Gerard but are these fuckers (kudu chief Rajapaksha and playboy Namal) reading these comments!!

  • 0
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    it is the system salve to political leaders but any one thinks you get justice from politically corrupted current chief justice who came from back door due to the family connection with Bandaranayake.YOU MUST UNDERSTAND THAT SUCH MATTER IS NOTHING COMPARED TO WHAT IS GOING ON THIS COUNTRY OVER LAST 35 YEARS.

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    If Namal Rajapakse had any sense of decency, he would not have accepted any special treatment when he wrote the law exam, or used the fact that he is the President’s son, in order to traverse around the world participating in the business of the Government of Sri Lanka, as he is merely a rookie parliamentarian.

    Of course, this guy is the embodiment of the worst in human kind. He is using the power and prestige of his father’s office for his own gain and does it with the arrogance and immodesty of an uneducated thug that knows that the sycophants of his father will protect his every folly.

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    The uneducated uncultured one have very bad Karma.

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    As those stupid lankans who vote for this corrupted government for personal treats over money jobs or wht ever they should suffer and realize wht they hve done. Till then we not gonna see a different. But the thing is by the time these fools realize, king and his so called brothers,sons and all those government thieves including unp’s ponna ranil and senior thieves will sell srilanka over to china and who ever pay them.

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    An Interview with Thushara Jayarathna

    (October 31, Colombo, Sri Lanka Guardian) Here is an Interview with Thushara Jayarathna who filed the case against Namal Rajapakse, son of President Rajapakse. It is widely believed that the Head of Law College facilitated Namal Rajapakse to have extraordinary benefits during the final Law exam, which benefits were not facilitated for others sitting the exam.

    I would request your help in presenting my case before the international Human Rights Court in Geneva. I believe that what took place in the Law College examination is not only a sign of the institution compromising its own examination code, but also sets a dangerous precedent.
    Despite submissions on this basis – the case was recently dismissed by the court. “Political interfered especially by the President who is the father of Namal Rajapakse may have influenced the decision taken by the court,” Thushara has pointed out.

    But Thushara , an energetic and intelligent guy who says he is never going to give up the continues to fighting for justice. Thishara has talked to the Sri Lanka Guardian from Colombo and expresses his feelings on present and his future plans:

    01. Tell us briefly about your back ground?

    I am Dasanayaka Mudiyansalage Thushara Jayarathna, from Nugegoda. I was registered at the Law College under registration no : 17988. I won gold medal in ‘addressing the jury’ and I was a captain of the law college debate team. Currently I am hiding myself due to security reasons. After my abduction my father suffered brain hemorrhage. Now he is severely handicapped. My mother has also become a disabled person. I have no source of income and now I‘m totally living out of welfare from my friends.

    02. You fundamental rights petition has been rejected by the court; how doyou feel?

    I filed fundamental rights petition with the assistance of a local Human Rights Group and Attorney At Law Lakshan J.S. Dias. On 25 October 2011, Deputy Solicitors General Shavendra Fernando and Nerinpulle objected to the case being accepted – on the basis of the application being ‘out of time’. D.S. Wijesinghe PC appeared for Namala Rajapakse, made the same objection and the case was dismissed after the Court heard my submission to the above objections. I feel is that this judgment does not satisfy intentional standards and also that the Judiciary have been influenced by President Mahinda Rajapase. I believe this is a judgment under political influence. From the bottom of my heart, I thank my lawyer and all those who helped me, despite knowing that this was likely to happen. To me, their help was an act of belief in Justice and in my courage.

    03. Did you yourself witness Mr. Namal Rajapakse who is a son of the President Rajapakse and currently Member of Parliamentof the ruling party, being facilitated with auxiliary benefits that other students did not have, when he sat the exam conducted by the Law College of Sri Lanka?

    On 3rd December 2010, I made an official complaint about irregularities in the Law College examination system. I registered also a complaint at the Keselwaththa Police Station. Following my complaint which garnered a lot of attention within the college, in the media and by the Asian Human RightsCommission, I was summoned before college authorities on 11th January2011 and asked to explain the exact nature of the irregularities. I then listed three main complaints as follows:

    1. The college allowed Mr. Namal Rajapakse to appear for his exam in an air-conditioned room with internet facilities. This is in direct contravention of rule 60 of the college’s own exam code as well as article 12(1) of the constitution. Rule 60 of the exam code clearly states that candidates may not have any books or learning aids with them for the duration of the examination. It also does not allow mobile phones – even if they have been switched off. However Mr. Rajapakse was allowed an internet enabled computer on his table. I saw Mr. Rajapakse enter that hall and I clearly stated as much at the time of registering my complaint.

    2. The question paper on the third day was leaked. I witnessed two candidates discussing the question paper before the exam began.

    3. The college registrar used the Law College official phone line to make a threat to my life on 6th December 2010. I was thus, as a result of these threats , in no condition to appear for the Accounts paper.

    The head of the institution then informed me that he would make a copy of my statement available to me. However I have not received a copy todate. The honorable principal of the Law College then stated to local media that I had made the complaint against the institution and went on to dismiss the complaints as mere hearsay, on the basis I was not fluent in English. I immediately wrote a letter to the Honorable Chief Justice on 26th of January 2011, strongly condemning these statements. I am making arrangements to send you acopy of the letter as an attachment. In the letter I clearly stated that my complaints were not based on hearsay but on what I had personally witnessed (seen and heard) and known. I sent the letter by registered post.

    With regards to the death threat I received, I would like to draw your attention to a statement by the former Chief justice to BBC Sandeshaya, where he said that if any candidate was allowed to appear for the exam in an air conditioned room it would be a clear and serious violation of the institute’s own exam code and would indeed call the entire examination system into question. The Hon. Principal made a statement to the media saying that Namal Rajapakse was given an AC room in which to sit for the exam since there was no space in the other examination halls. In my letter sent to the Chief Justice, I pointed out that this claim was absolutely false, since there was plenty of space to accommodate candidates in my own examination hall. The Hon. Principal then made a statement to the media that a decision concerning me had been made on the 17th. However after I sent my letter to the Chief Justice, the Hon Chief Justice, in a response to BBC Sandeshaya, said that a decision in this regard had not been taken as yet and that the matter was still under investigation

    04. How do you feel about your security? Are you under threat because you tried to find justice against the unjust?

    I hope that you may know after this case that I was abducted; I was beaten up in my own home and made to forcibly sign documents. I was hiding myself in Hatton church after I escaped from the Hatton Police who abducted me and tried to kill me. Hatton Police ordered the parish priest to hand me over to them. In terms of my current situation, no one has come forward to help me, because according to my knowledge they too have got threats. I live with my friend and am undergoing difficulties as I change my location every day.

    05. What is your future plan?

    I would request your help in presenting my case before the international Human Rights Court in Geneva. I believe that what took place in the Law College examination is not only a sign of the institution compromising its own examination code, but also sets a dangerous precedent. If this is allowed to continue, I believe that we may soon be faced with a situation where the children of prominent politicians will be allowed to appear for even the Law College entrance examination in unfair conditions. I assure all concerned that I will fight to reestablish the Rule of law until my last breath. I humbly request all right thinking people to help me in my pursuit for Justice.

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    this is the meaning of Rajapaksha family these people are cheaters to our country they msut be punished. the great people like genearal Sarath fonseka is in prison the cheating one is a President of then Sri Lanka how its comes there is god he will punished them as soon as. pleaseeeeeeeee The great people of Sri Lanka wakeup againts the liers they make drama in economics also sure finally we ahve to face very very difficult sitauation near in the future because of these idiots

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      wat a bldy rules ion srilanka balu nithiya

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    If true, this and similar cases of injustice raise the real risk that the aggrieved and those whose conscience has been troubled will rise. Already, cries of the need for “street demonstrations’ are distinctly heard at various fora, symbolising the helpless frustration of thinking people. What is happening in the Middle East should be a timely reminder. Mere denigration of the US and Western Powers will not make these go away. Demonstrations starting peacefully, will in the view of a panicking set of insensitive rulers, lead to violent repression. None of us will then be winners. With the Sycophants singing hosannas to the current powers a bitter consequence is more than a probability. Straws are said to break camel’s backs.Having deified and made king, the President, he will naturally be the focus of venom. Poor prioritisation, profligacy, nepotism, cohabitation with criminals, favouritism, judicial and police interference, cheap political activism and many acts of blemished behaviour, cannot be erased with rhetoric (and a few rehearsed words of tamil), white clad piety in Poya day sermons and baby kissing and similars acts of cheap populism. Heavily blameworthy are his hordes of Advisors (for every imaginable stupid sector) and his cabinet colleagues of supposed professorial and learned intellects, who stand by in acquiescent silence within their well-feathered nests, while their benefactor hurls himself towards sure ruin. Heaven forbid, for this undeservedly doomed nation
    A genuine patriot.

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      Heaven forbid indeed as we have no alternative good leaders. Every leader who comes to power in this cursed nation is worse than the last one. The sysytems and the politicains of every hue are all corrupt. All we can do is bring down the current dictator thug and replace him with an equally bad or worse dictator thug. So what is the point of this whole corrupy political process? What good alternative can you suggest. Everyone so far has stated the obvious that the current regime is nasty to the core and extremely corrupt but nobody has come up with a good alternative to replace it?

      • 0
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        Exactly we need a system change to begin with scraping the Executive presidency, Provincial council, & Pradeshiya sabas.

        Elect parliamentarians on non party basis, let the elected find a leader among themselves, only honest academics & intellectuals should be given nomination all political parties should be scrapped.

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    Come on!
    I was expecting SL to go on the right path after ending the war.
    If the above is true, this kind of behavior makes Sri Lanka’s
    impression very bad in the local and international level.
    The most important thing is, as a devoted buddhist, this kind of
    cheating is not accepted in any way.
    President open your eyes!
    If you really love Sri Lanka, remember Country and Countrymen
    should be placed before yourself.

  • 0
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    How he passed even law entrance exam……

  • 0
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    hi mahinda and his familly wil fxxxxxxxxxk the law in srilanka

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