15 October, 2019

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CJ Must Go But After Setting Up Standards

By Uvindu Kurukulasuriya

Uvindu Kurukulasuriya

Rajapaksa regime is using one of my articles on the independence of the judiciary to justify their witch hunt against the Chief Justice.  As Spinoza said this is not to laugh, not to lament, not to detest, but to understand.

The government has created a television advertisement with my article and an opposition MP’s speech and broadcasting it repeatedly. Regime-support journalists like my friend C. A. Chandraprema has been quoting the same article for weeks. This article was also highlighted this week at the Diplomatic Briefing by External Affairs Minister G.L. Peiris.

They used my article in talk shows. Last week, in the state-run television programme, Wedikawa (Platform) Parliamentary Select Committee Member Rajitha Senaratne also highlighted this article. Senaratne said: “This is what my friend Uvindu Kurukulasuriya wrote earlier although he now writes against this.”

Rajitha was wrong. I never wrote anything against my stance. What is this article? I wrote an article when the NSB scandal occurred. It was titled “Not Only The Chairman Husband; Chief Justice Wife Must Also Resign!” I wrote;

“The Chief Justice is automatically the Chairperson of the Sri Lankan Judicial Service Commission. This means that, effectively, she is the boss. While much of the work is delegated to others, it is the Chairperson who is ultimately responsible for the ‘corporate culture’ in the operation of any organization. This is how organizations operate on a psychological level. The leader sets the tone. The relationship between the Chief Justice of Sri Lanka and her spouse cannot be private. Not when that spouse holds key positions in government institutions leading to a conflict of interest. A conflict of interest is also corruption. It is worthwhile quoting Dr. Colvin R. De Silva when he said, while participating in a no-confidence motion against the then Prime Minister Sirima Bandaranaike, “the service exacts from itself a higher standard because it recognizes that the state is entitled to demand that its servants shall not only be honest in fact but beyond the reach of suspicion of dishonesty”.

I said;

“We do not need to go for India or to the west for best practices. Sri Lanka already has a good example. When the husband of the head of the Bribery Commission Nelum Gamage was allegedly involved in corruption, she resigned.”

But people who quote this particular article forget other articles which I wrote as soon as Shirani Bandaranayake was appointed as Chief Justice. One was “Chief Justice Or Her Husband Must Resign

I wrote;

“Within the Asian region, the sixth Conference of Chief justices of Asia and the Pacific in Beijing in August 1995 adopted the statement of Principles on the Independence of the Judiciary. Sri Lanka was represented by the Supreme Court Judge P.R.P. Perera voluntarily who agreed to the Principles on behalf of the then Chief Justice G.P.S. De Silva.

Principle 39 of the Beijing statement says, “ Inducements or benefits should not be offered to or accepted by judges if they affect, or might affect, the performance of their judicial functions.”

The Chief Justice must explain how her husband was appointed as the Chairman of Sri Lanka Insurance Corporation, and to the Lanka Hospitals Corporation PLC as a member of its Board of Directors along with Defence Secretary and Presidential sibling Gotabhaya Rajapakse, who was Board Chairman. How was he also appointed as Chairman of the National Savings Bank?  Has he applied for the job? Was he interviewed?  Who were the other applicants?  Weren’t there any qualified applicants other than her husband? She must also explain how these things are consistent with international standards concerning judicial independence. If she cannot, she or her husband must resign. After all, “Caesar’s wife must be above suspicion.”

I wrote;

“Dr. Shirani Bandaranayake was sworn in as the new Chief Justice of Sri Lanka on 18 May 2011. While some remained silent most local media outlets published news items and features supporting her appointment. Certainly none were willing to do their jobs as journalists. I phoned a couple of editors and inquired of them, “are you forgetting the past? Why do you ignore the blatant conflict of interest issue here because of her husband’s position in a government job? Why do you not focus on the wider issues of rule of law and independence of the judiciary?”

“It was easy for the local media to gloss over the real issues as Shirani Bandaranayake would, on May 18, become the first woman Chief Justice of Sri Lanka. And it was convenient for the media to focus on this positive aspect rather than grapple with the more uncomfortable and more dangerous issue of a country descending into democratic failure.”

Week after week I raised serious issues related to the misconduct of judges, but none of the Sri Lankan journalists, academics or Civil Society leaders raised the issues I raised until the impeachment motion against Shirani B. was handed over to the Speaker.

In another article titled “Wither Independence When Judges Host Parties For Politicians?”  I wrote;

“There were editors who fought for the independence of the judiciary. Ravaya Editor Victor Ivan, Sunday Times editor Sinha Rathnathunga, then Deputy editor now Lakbima News editor Rajpal Abenayake and the late Lasantha Wickrematunge. Sadly, since Rajapaksa came to power, we can’t see any of these acts of misconduct discussed in the Sri Lankan media. The editors who fought for the independence of the judiciary are sleeping, or converted to the Mahinda Chinthana or they can’t write because of media suppression. But what is sad is that these editors say there is no media suppression in Sri Lanka or they are not fighting against media suppression. How did these journalists and activists who stood for democracy get into this blind alley?  Especially Victor Ivan, the one who wrote hundreds of article about such issue and he later published a book called “ An Unfinished Struggle”. When Sarath Silva was appointed as CJ Ravaya printed a black front page with the picture of the oath ceremony upside down. When Shirani Bandaranayaka was  appointed to the supreme court Ravaya attacked her appointment week after week, and headline after headline.   When Victor Ivan and Ravaya exposed corruption in the judiciary he was criticized by some others saying he had personal problems with Sarath N Silva and Chandrika Kumaratunge. He is proving that allegation now criticizing only the former Chief justice.”

But sadly, instead of raising the issue of independence of the judiciary, Victor Ivan started a printed debate with me in Ravaya. He criticised me for writing while living in exile. The debate went for four weeks. You can read Ivan’s responses here and  my replies to Ivan here and  here. It was not even about independence of the judiciary; his intention was to protect Rajapaksa and attack me (Rajapaksa’s critics). But one can find an interesting untold stories behind the struggle of the independence of the judiciary.

If the media had done their job most probably we could have got her husband to resign, Then the CJ may not have had to face this sad situation.

Last month, Dr Laksiri Fernando analysed my last article as follows;

“When the bribery charges were raised against her husband, whether he is innocent or not, the Chief Justice could have gracefully resigned, because the first mistake was already committed. That was unfortunately not done. These and related matters were raised impartially by Uvindu Kurukulasuriya before. Holding onto positions some way or the other whether politicians, government officials, academics or judicial officers is not a good practice for democracy and transparency or as a personal principle. It is my personal impression that the bribery charges are vindictively framed up.”

Laksiri is correct but as he also wrote several times now the issue is giving her a fair trial. I have to agree with even my friends like Chandraprema when he says; “We Have Reached A Situation Where The CJ Refuses To Acknowledge That There Is A Conflict Of Interest.” It is sad, she does not acknowledge it, not only her, none of our CJs at least Sarath Silva to Asoka De Silva acknowledged it.

But now the issue has shot up to politics since the case against her husband was fixed. Her husband is the Non Executive Chairman of the NSB. Charitha Ratwatte raised this issue clearly.

I quote Charitha Ratwatte;

“Now it is strange that only the Non Executive Chairman is the accused in this case. The bank being referred to, a statutory organisation, in which it is presumed, its officers and servants follow due process. When the board of a statutory organisation, approves a purchase, when the executive officers, especially the accounting staff and other executive officers sign off on checks, for any purchase, we have to presume that the process has been followed, authorisation, approval and certification.

Then why is the Non Executive Chairman the only accused? At least the other board members of the bank and its executive officers and the other financial sector employees must be charged with dereliction of duty, at the very least? Whether this has been done is not in the public domain. A newspaper reports that Chairman of the Bribery Commission has refused to comment on why this particular case against the Non Executive Chairman is being fast tracked.”

We all know how  Rajapaksa is fixing cases against his opponents. The President angrily banging his palm on the table and told me, “We can fix cases and we can free people.” That is my experience. I wrote this last year. He told me this in front of Minster Anura Priyadarshana Yapa (Chairmen of the PSC against CJ) and SLFP General Secretary, Minister Maithripala Sirisena,

Having a 2/3 majority in the parliament, Rajapaksa is determined to remove her now. So she has to go and she must go, in my opinion she is dishonest, I have no question about it, but it should be after setting up an international standard relating to judicial removal.  Her fight will, at least, create the standards. The whole charge sheet against her is based on violating standards. So give her a fair trial according to the standards.

Meantime I urge columnists like Chandraprema and those who only attack Shirani to raise the misconduct/conflict of interest issues related to other judges! How many other Supreme Court judges are corrupt? Why do thiese spin doctors only want to attack Shirani?

Related posts;

Not Only The Chairman Husband; Chief Justice Wife Must Also Resign! by Uvindu Kurukulasuriya

Chief Justice Or Her Husband Must Resign by Uvindu Kurukalsuriya 

One Retired Chief Justice Turns To Monkhood While Another Returns To Advice A Kleptocracy  by Uvindu Kurukalsuriya

Wither Independence When Judges Host Parties For Politicians? by Uvindu Kurukalsuriya

Can We Expect Justice And Independence From Servants Of Military Dictators? by Uvindu Kurukalsuriya

We can fix cases and we can free people – Rajapaksa by Uvindu Kurukalsuriya

Sarath Nanda Silva: Corruption Vs CORRUPTION by Uvindu Kurukalsuriya

Wijedasa Vs Tirantha Vs Independence Of The Judiciary by Uvindu Kurukalsuriya

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Latest comments

  • 0
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    Ha….haa…Chandraprema, Rajpal, Malinda and a host of others who only attack Shirani have to do so, because singing for their supper was part of the job profile when they got into bed with the Rajapaksas’. NOW IF they want to write according to their conscience, they will have to leave the country to avoid being bumped off like what happened to Lasantha and scores of other journalists. Apple polishing and white washing the Rajapaksas’ mistakes is much easier, less harmful to their health and very lucrative money wise… ;)

    What none of them seem to realise is that nothing is permanent…not even the Rajapaksas’.

    • 0
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      Thanks for this piece but please THINK STRATEGICALLY Uvindu, and always keep the big picture in focus. MONEY POLITICS is the name of the grame.
      The CJ’s husband was appointed NSB Chairman by the CORRUPT, CRIMINAL CLOWN MAHINDA RAJAPAKSE – so-called Executive of Banana Republic – as a means to control the CJ. This little fact should never be forgotten and should be one of the reasons for IMPEACHMENT OF MAHINDA RAJAPASSA and his corrupt brothers and sons who are stealing public assets and the national wealth.
      CORRUPTION has today been SYSTEMATICALLY INSTITUTIONALIZED within the Legislative and Executive arms by Rajapassa and his family and they are the GREATER EVIL. The INSTITUTIONALIZATION OF CORRUPTION in the legislative arm among the overfed politicians in parliament has also disabled the opposition of knaves and clowns headed by the worst opposition leader ever – Ranil Wickramasinghe.
      MR is responsible for the INSTITUTIONALIZATION of the rot of high-level corruption that is rampant in the Executive and legislature. He wanted to ensure that CORRUPTION WAS INSTITUTIONALIZED IN THE JUDICIARY TOO in order to control it by appointing Pradeed K as NSB chairman. In the final analysis it is the criminal clown MAHINDA RAJAPASSA who is responsible, must be held accountable and IMPEACHED.
      This is the larger point that must be kept in focus and it is more important now that the mightily CORRUPT EXECUTIVE and his family be impeached rather than the CJ who has made a few mistake but seems very able to straighten out as recent events have shown – unlike Mahinda Rajapassa and his family of thugs and looters who are the GREATER EVIL and need to face a war crimes trial.
      The fact of the matter is that the Executive and legislative arms are far more corrupt than the judiciary. While you, Uwindu, was and is quite right to highlight the fact that the CJ should have asked her husband to resign, he was in fact appointed NSB Chairman by Rajapassa!

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      If the CJ is impeached, Mahinda Rajapassa must also be impeached for appointing her husband NSB Chairman, to control and INSTITUTIONALIZE CORRUPTION IN THE JUDICIARY.
      Uneducated Rajapassa and his brothers, who do not know the meaning of the concepts “good governance” or the “separation of powers”, and are merely common criminals who got lucky because of corrupt politics (in a country where voters are equally uneducated about the principles of democracy and where democracy has been rendered a farce also due to 30 years of war and MILITARIZATION), have bought great disrepute to Judiciary and legislature by running a Kangaroo Court in the form of the parliamentary select committee (PSC) and must be held ACCOUNTABLE AND IMPEACHED.

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        Like the myth of the superiority of the parliament promoted by Ranil Wickramasinghe, Vasudeva Nanayakkara and so many other so-called opposition politicians who support the most corruption EXECUTIVE in Lanka’s post independence history, the immunity of CORRUPT POLITICIANS of the Diya-wenna Paliament must end and the whole bunch of morons in the parliament need to be tried.

        The current parliament has no legitimacy whatsoever in Sri Lanka give given that both the ruling party and the opposition are equally corrupt with a few notable exceptions..

  • 0
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    Yes politicians quote only one side of the story for their own excuse and advantage. We also do not want to protect one individual (CJ) but fair hearing, due process, proper standard of proof and international standards…..etc are lacking in this whole episode

  • 0
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    I raised one question when this “drama” started unfolding. The question was “WHO CREATED THIS MESS FOR SRI LANKA?”

    I also took the liberty to answer the question, this way:

    “HE WAS NONE OTHER THAN THE, HE THE PRESIDENT” wHY?

    He made two bad appointments without any consideration of the suitability of the candidates. He is now paying a heavy penalty for acting in such an “erratic” manner. However much we argue on the basis of “fair play” and all other principles of “good governance”, be rest assured “HE WILL GET RID OF BOTH OF THEM”.

    But every dark cloud has a silver lining. The CJ’s fight will bring good tidings.

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      CJ’s fight will not bring good things… To assume that is a fallacy since CJ is at top of the institution that we have in SL and it need to be above all the politics and decency.

      Some people are confusing the issue of right of the impeach vs morality of the CJ ? And on morality issue CJ failed miserably and on right issue the whole constitution fail the public and the CJ.

      Worst scenario is CJ going to court yesterday and as a constitutional expert she fail here miserably and she is now pandering to dark science vs real science.
      Is CJ now behaving like a bull in the China shop?

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      douglas says:

      “HE WAS NONE OTHER THAN THE, HE THE PRESIDENT” wHY?

      I beg to differ.

      This is the outcome of Majoritarian rule worsen by Unitary state and its executive presidential system.

      Majoritarian rule was established just after independence and SWRD Banda took it to the next level with the support of the Sinhala/Buddhist stupid people.

      Sri Mao’s republican constitution made it worst. JR consolidated it with his second republican one man rule.

      The foundation for the current crisis was laid much earlier when MR was sucking his thumb.

      The powers codified in the constitution should serve the people and not one man and his family. No one in his/her right mind should not have allowed the consolidation of power.

      Now this is the best time for the stupid majoritarian Sinhala people to revisit the constitution and rethink the whole process of democratisation as oppose to centralising tendencies.

      The majoritarian Sinhala/Buddhist may fear that stupid Tamils may take advantage of devolution and democratisation, so be it. Just because they might or might not benefit from reordering the state structure should not prevent the Sinhala/Buddhist from having the same advantages.

      Given what Sinhala/Buddhist have done in the past I am not hopeful. They believe more repression by their own state is bearable rather than giving devolved powers to the stupid Tamils.

      Let the majoritarian Sinhala/Buddhist decide what is best for the people. I am sure when this crisis dies down they will make the same choice, more of the same.

  • 0
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    Kurukula:

    You sound like a cross between liberal Rajiva and Dayan not knowing whether to support or whitewash Gota and Rajapaki!

    You should also realize that while you are arguing for liberal principles in a country that is getting more and more fascistic by the day you have to look at the larger picture when you play politics or write articles.

    Otherwise you will continue to be used like the case of our black englishmen, rajiva and dayan for nefarious purposeds includng your own ego…

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    It appears to be a complicated case. Yet the CJ is prepared to confront all issues. In that event why not give her a fair hearing. What is wrong for the PSC to abide by the principles of Natural Justice. There should be transparency. Meanwhile what about the corruption in importing the luxury Sports cars for Carlton Sports Club, where millions of Rupees have not been paid as taxes. Who is using these cars. The allegations against the CJ (which has not be proved yet) is just peanuts when compared to the non-payment of taxes. Non-payment of taxes on these luxury cars also amounted to cheating the public and contrary to Mahinda Chintanaya. The crucial point is whether the CJ should be given a fair hearing to answer and prove that there was no conflict of interests. The CJ has not surrendered her rights, but fought it with great courage. Hats off to the CJ. It is regret to observe that G.L.Peiris had proved himself as a coward in not answering the demand for the Principles of Natural Justice. Why should the government memebers of the PSC deny this request and use vulgar languages against the CJ. The government members of the PSC have just reflected the face of hooligans and disgraced the Parliament.

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      CItizen

      This reply is a “KOheda Yanne Malle POl” answer. The issue under discussion is the CJ , No about taxes or luxury cars . learn to stick to the point .This normally happens when you lose the plot and have no answers to give to a problem.

      • 0
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        Kumudini

        “learn to stick to the point “

        What is your point if there is one?

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    If you look at the west too there is a big question mark. Look at the banks, HSBC, UBS who are paying huge fines. Look at the journalist, the Murdoch scandle etc.

    Unfortunately in Sri Lanka hardly anyone is clean. If people are to go, about 50-75% of politicians, journalist, the president and cabinet, CB chairman, all presidents friends and relations have to be sent home.

    By these standards the judiciary is far better. Unfortunately they are being appointed by the political president and being manipulated. Now their cars and funding are being withdrawn because they dont toe the line. CJ’s case is now before the courts and saying that she should have resigned is old hat.

    Had she resigned, non of these issues would have surfaced and our good old corrupt system would continue for the next 60 years. It is said that she was offered diplomatic posting etc but turned them down. Now the case is about the system not only the CJ. Huge govt corruption and nepotism is being exposed. Apparently the system has not worked for scores of years and not many people have stood up against it. Those who did were bumped off or fled to the west.

    Now we have a simple lady from the rural hinterland standing up against this system and fighting for a fair trial. All the vultures and sharks are having a go at her. So it is not a question of merely her resigning and being the sacrificial lamb for a selfish, self conceited mob to get their systems in order. Justice is not just a system it is a core human value. No one can be allowed to play about with it.

    • 0
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      Safa’s inputs take us, the readers, further than this piece of writing. The writer of this piece gives us this quote (saying Spinoza, in fact, Trotsky) and prof. Liyanage also gave us…pleading us …to understand!!

      What is the level of understanding both of them have….I would like to ask?

      Isn’t the writer’s headline itself a contradiction, for starters? “CJ Must Go, but hold on “…After Setting Up Standards”. I trust he’s smart enough to know that.

      This piece shows, as far as the writer is concerned, conflict of interest and corruption are founded on some fixed notions, and not in relation to highly complex dynamic competition for controlling resources and power within any given society, and safa says in our case, everything has been rotting. Didn’t the writer see that happening within Ravaya in his early years before realising he has made a name big enough to walk out of that newspaper and still be heard and to take on Ivan? We don’t fault him for that, but that’s part of any practical struggle. And, as a journalist, when some govt. lackeys take cheap rides on chosen pieces of his journalism, is it too much to expect that he shows more foresightedness than mere headline catching empty bravado “..I have been saying that, I am the greatest”…Victor Ivanian self glorification?

      And, the two pieces in discussion focus only about she being appointed CJ and her husband having posts too close to govt. But even the people who were a lot more consistent (Elmore Perera comes to mind) and challenged her first posting to supreme court, humbly accept that this is not the moment to be stuck in fixed positions on their views on issues they first raised. Is it, perhaps because, they are driven less by their egos than the belief in greater public good?

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        This LK Perera is surely suffering from ‘Hulsdorf Mentality’ Uvindu thank you for this enlightening piece and keep distance from ‘Hulsdorf Mentality’. I didn’t know about the articles you wrote and especially the debate you have had with Ivan ( Converted Rajapaksa lakey) until now.
        I think Mr or Ms LK Perera is confused, forget about others, where were you when CJ’s husband accepting political appointments. I regret as an activist I couldn’t raise those issue. Still not late as Uvindu says will raise other issues soon!

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          This is a note to both M & R,

          You can point out my perceived mistakes in quoting & mentality, but the points I raised remain unchallenged. If you can’t figure out what is at stake even now, I will only write this, on what M says ” where were you when CJ’s husband accepting political appointments” pl. note what I wrote above refers to the fact, while Uvindu K writes about what happened since 2011, others who raised issue when she got appointed as a judge ( meaning she had been tainted well before 2011) now don’t say, “we told you” and know what is stake and fight not for her but can you guess what? And are you suggesting Uvindu K. is still ignorant about her past before 2011?

          Ayyo Raymond, thank you for link but I don’t want to waste your time giving my source ( it’s not the source but if you really must read prof. S. liyanage’s last piece). Doesn’t that make you feel great that you won over an(other) ignorant person behind a keyboard?

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        Ayyo LK Perera, talk what you know!! You say; //this quote (saying Spinoza, in fact, Trotsky)// Read the link below!! :) :) :) :)

        “No to laugh, not to lament, not to detest, but to understand.”
        ― Baruch Spinoza, Theological-Political Treatise

        http://www.goodreads.com/quotes/301890-no-to-laugh-not-to-lament-not-to-detest-but
        :) :)

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        OMG! Mr or Ms LK Perera, You are wrong, it looks you don’t read anything properly. Uvindu wrote these issues long before 2011. Even I watched one of his TV debates with Sarath Nanda Silva on 1997. Didn’t you read the links in above article?? Uvindu says;

        //But sadly, instead of raising the issue of independence of the judiciary, Victor Ivan started a printed debate with me in Ravaya. He criticised me for writing while living in exile. The debate went for four weeks. You can read Ivan’s responses here and my replies to Ivan here and here. //

        Link;
        https://www.colombotelegraph.com/wp-content/uploads/2012/12/Ravya-reply-to-Victor-2011-08-07-Page.pdf

        Link;
        https://www.colombotelegraph.com/wp-content/uploads/2012/12/2011-08-21-Page.pdf

        Read the links in that part so you find what Uvindu did before 2011. If you cannot read Sinhla, read Ivan’s “Unfinished Struggle”. Uvindu’s contribution is there.

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      Thank you Safa. Yours and those similar to yours are the only sensible contributions I read so far. Uvinda is thirsting for the blood of small fry. Those in support are displaying similar or mixed motives.

      The root cause should be first declared. That is the corrupt President we had who was aided and abetted by his corrupt family. He it is who germinated and grew the biggest tree of corruption. We had small trees before, but nothing like this.

      He it is who should be brought before the courts tried convicted and punished. If the Constitution prevents him being subjected to the law against corruption, then let the legislators amend it with retrospective effect, if necessary using intimidation and terror just like Rajapaksa did. Let the country witness Rajapaksa and the benefitting members of his family rotting in jail for twentyfive / thirty years, with appropriate publicity accorded regularly lest she forget.

      Let the country as a whole witness and understand the extent of the corruption. Let everyone understand that in future impunity will not be tolerated.

      That is the only way forward for Sri Lanka.

      Maithripala Sirisena, it is disappointing that what you have displayed so far is extreme timidity. Grow a pair of balls. The country will be eternally in your debt.

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    THANK YOU UVINDU!!!! Been saying this the whole time. The whole impeachment process stinks to high heaven, yet it does not detract from the fact that this Chief Justice is tainted.

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      The judiciary is corrupt to the core . Why cant people writng in this column speak about that as well . The whole judiciary should be overhauled .

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        Kumidini:

        Write now the topic is not about restructuring Corrupt Judiciary. The topic is govt trying to use Judiciary for their advantage when they can not the Govt is trying to get rid of judiciary.

        SO, first understand what the article is talking and talk to the point.

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    “Watcher” – What I refer specifically to as “…. Silver lining” is what you correctly say in one part of …….”the whole Constitution failed the public and CJ”. This Constitution must be amended to state the specifics of powers, procedures, rights etc. that would clearly difine them; or in the alternative must be re-drafted to suit the present day conditions and requirements.

    You will note that the CJ’s fight is maily centered on her “right to defend” and “prove” her innocence as per the principles of natural justice that is enjoyed by any ordinary accused in a case. Her attempt is to show that “majority” decisions of a Governemnt representatives arrived at on a haphazard manner should not be allowed to pass through to the detriment of the accused or the “impeached”. So we see here that this is the FIRST TIME an Impeached person is taking a firm stand to challenge the “flawed system” embeded in the Consititution.

    At the time of writing this I am listening to Mr.Hudson Samarasinghe comparing the burden of proof to a “driver who is stopped on the road must prove to the Police that he is driving with a valid license”. He argues that CJ must “disprove” the alleged misconduct. But he is silent on the question of facilities that must be afforded to CJ for her defence. What if all the accused in all legal cases are required to do this? This is the type of education that is being given to the public over the Government Media. So what more?

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      “driver who is stopped on the road must prove to the Police that he is driving with a valid license”

      This is a part of the motor traffic act which is the law of the land. Not anybodies ‘Conscience’.

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    WATCHER, IT IS NOT THE CJ BEHAVING LIKE A BULL (CORRECTION COW) IN A CHINA SHOP. FOR ALL TO KNOW IT IS THE GOONS, THUGS, MURDERERS, DRUG DEALERS, RAPISTS, CHILD MOLESTERS, IN THE 2/3 MAJORITY RULING PARTY WHO ARE BEHAVING LIKE BULLS IN A CHINA SHOP. THEY ARE NOW MENTALLY DERANGED AND RUNNING WILD NOT KNOWING WHAT IS GOING TO HIT THEM NEXT.
    THERE IS SOME ONE UP THERE WATCHING EVERY MOVE OF THESE IMBECILES AND WAITING FOR THE RIGHT TIME TO BLOW THEM ALL OFF THIS EARTH. THAT TIME IS NOT FAR AWAY.

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    Yes. the Chief Justice should have resigned when the President virtually bribed her by appointing her husband to high office.The move to impeach her is entirely a different issue.Those who are critical of the impeachment is opposing it on a matter of principle. It should be clearly understood that these critics DO NOT CONDONE THE CJ’S REFUSAL TO RESIGN WHEN HER HUSBAND WAS GIVEN A POLITICAL APPOINTMENT, they only stand against the flawed procedure adopted to remove her as a clear vindictive measure and the entire exercise is an assault on the independence of the judiciary. In other words, the critics of the impeachment process are not standing up for Shirani Bandaranayake as an individual, but are fighting against the injustice meted out to the incumbent Chief Justice and an assault on the independence of the judiciary. Therefore, the issue relating to the political appointment accepted by the CJ’s husband should not be brought up to justify the impeachment attempt to remove her from office. It appears that some people keep on harking back to her husband’s affair to confuse the real issue. It is a quirk of irony that the `bribe giver’ himself is responsible for the process set in motion to punish the `bribe taker’. But that’s a different kettle of fish!

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    We forget that the Prez said to the Chartered Accountants ‘we shape up ‘ the crimes of our people’!

    Also as usual Hudda got the burden of proof wrong- I give the Police my DL- they must prove that it is not lawful-

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    CJ has to prove her innocence.As the PSC has not given an opportunity to disprove the purported charges against her,only alternative available for her for a fair hearing leading to a natural justice is the court of law. No one can dispute or challenge her for filing a petition challenging PSC findings in the Appeal Court.

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    Uvindu, Nice article. The bootlickers of the regime like Chandraprema and that pathetic excuse for a human being GLPieris will quote you for their benefit.

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    CJ’s husband has been indited by Courts, alright. But, still we do not know on who’s instructions he carried out the transaction. I think this might come to light when the case proceeds. Its very difficult to say right now that he had done all on his own since we have seen many similar questionable transactions done in the recent past where top govt. officials were allegedly involved in making millions according the the media, but these were hushed up by the authorities. So, lets wait till things unfold and depending on the guilt, ask the CJ to resign or initiate steps to remove her from Office. I think that’s the correct thing to do.

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      Frank Hillary you are right. Had the husband of the CJ declined the offer of the Posts offered to him by the President,President himself being not an highly educated person, would have misunderstood that it was an order by th CJ and she would fall into bad books of the President.Tehn matters would been worse. We dont know it is highly probable. “Maga hiti yoh thoo nasee, gedera giyoth ambu nasee. Even the bribery charges against the husband of the CJ, why not the other executive Directoras and executives not charged under the principles of collective responsibility. MR regime would have had a goon who used him as a GLOVE to manipulate the purchases. THis is how thingsd in Sri Lanka happens. You get a man to assault another then go to his house and express sympahy and every thing is right. Everey issue has a double coin impression. Any similarity about the Wife of the Bribery Commissioiner ?

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    What confuse me most is that regardless what position you hold it boils down to the bottom.Suppose you are a bank manager,a school principle,a lawyer,a Grama Niladhari, a teacher a doctor and you make a mistake or a fraud or what ever is regarded as illegal and fraudulent then what ever the circumstances you may be faced upon ,should your wife because of the consequences that you created should resign from the job?????????? How on earth some body can argue on that.No wher in the world. This is a fight between illiterate idiots of Sri Jayawardanapura lake temple and educated Nadukarayo of Hulsdoff.

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    One thing is certain & proved, that is corruption hypocrisy with vindictiveness.

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    the fact is anti-gov journalists will always be the same, no matter the truth.

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    A corrupt Executive and equally corrupt chief CJ, how ever trivial the matter may be.
    CJ should have understood the position she held & the implecations if any when her husband who did not qualify but was appoiinted to head the NSB.
    Even when the Finance Company share fiasco errupted, CJ was unmoved.

    Was it the immaturity of knowledge of the position CJ held led to the current crisis ?????????

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    dicky Bird says:

    “A corrupt Executive and equally corrupt chief CJ, how ever trivial the matter may be.”

    It seems all are at it, from the executive president, CJ, Police, Civil Servants, …….and the whole lot.

    I suggest we abolish, the state.

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      Native Vedda

      I go further…

      Do the religious institutions including priests clean? Don’t they cleat people? What about the very people who have lost conscience? Are they clean and have never sought any undue benefit?

      But UK and some of us seek a clean CJ. Why this hypocrisy?

      So I propose we abolish the society, culture and the very PEOPLE…

      Anuradha Peiris

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        Anuradha Pieris says:

        “So I propose we abolish the society, culture and the very PEOPLE”

        Very good idea. Do you want to Gas them if at all possible?

        Leave my people alone.

        My people are not driven by greed. Therefore we do not compete for unlimited resources, power and wealth.

        “Do the religious institutions including priests clean?”

        Since the religious institutions are not clean do we too have to compete with them to maintain parity? This is the logic on which whole society is being built for considerable period lately.

        The institutions are unclean because people are unclean. People are unclean because the institutions which governs and direct them are unclean.

        Where do you start the cleaning process?

        Is it another example of Catch 22?

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      Native Vedda

      I go further…

      Do the religious institutions including priests clean? Don’t they cleat people? Do the media clean? What about the very people who have lost conscience? Are they clean and have never sought any undue benefit?

      But UK and some of us seek a clean CJ – an attempt to clean the least undemocratic institution, thereby helping MR to bring it too under his steel boot. Why this hypocrisy? Who at the end do you all support?

      So I propose we abolish the society, culture and the very PEOPLE…

      Anuradha Peiris

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    It seems that most people have become a judges of CJ’s conduct, and examining a saint in her. UK says she MUST go, and others also more or less in the same line.

    Can any of you find a saint in the President, the Cabinet, the Parliament, the Public institutions including the Treasury and Central Bank, Police, Military……?

    Why you all soul searching only CJ? If she continued to help MR would we have had this opportunity to examine her saint? Why you all forget that?

    I urge – Don’t let UK or MR drift the focus away from making this an opportunity to topple this most corrupt regime. Think what next….

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    This is what happens when inexperience and youthfulness tries for credibility via the internet. It is only the internet that would have allowed this Uvindu guy to have free expression of his views and even get him such a wide audience. An experience editor may have intervened.

    He has jumped the gun and is now doing damage control.

    There are no short-cuts to the top Uvindu. It is only experience and mistakes like this that will stop you from doing it again.

    Treat it as a learning experience but do admit your mistake.

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    Almost every one commenting here,the writer included seems to have forgotten that the CJ insulted the president by declining an invitattion by the president,that too,after requesting a written invitation.She did’nt stop at taht and went on to accuse the President of trying to interfere with judiciary and death threats through statements issued by the secretary of the JSC. What she should have done was as Mr.Gomin Dayasiri pointed out if the President in fact was trying to interefe,she should have accepted the invitation and faced up to the president and resist his interference to his face and then come out with the story. Now what she seem to have done was to try to arm twist the president in order to save her husband which was a very irresposinble course of action which probaly will drag both of them down.

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    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 Nahonda these traitors will be pulling rickshaws with the Sun God Pravakaran seated in the rickshaws

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    You bloody Singalese Whingers you have nothing else to do day and night but to discredit the Oresident and his government who saved this country from terrorism. If not for our great king Mahinda you Whingers will be wading dishes in Prabakarans kingdom of Eelam. Did you whinge when Praba was holding kangaroo Courts in Jaffna? Who is this so called CJ’? . As far as I’m concerned she is a woman who had many bank accounts and transferring money from one account to a another to avoid tax. You Whinging Singhalese did you ever protest when JVP killers were padding judgements in their courts in 1971? Get a life you whinging Singhalese and light a lamp before Mahinda’s Picture in your house daily and give thanks to him and his Government for the freedom you Whingers enjoy today. Live to all! Sudu Akka signing off!

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      WEll said . THe SInhala are a useless ungrateful people who have no morals or principles .

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        Kumudini:

        ” THe SInhala are a useless ungrateful people who have no morals or principles”

        Good that you are lamenting. However its for wrong reason.

        When were the Sinhala useful and grateful people who ever had morals or principles for you cry over nonexistence traits?

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    Uvindu, Thanks, glad you clarified things in your piece. I suppose it is a sad reflection on our intelligentsia that they cannot see the difference between recognizing that Shirani Bandaranayaka was not fit to be made Chief Justice and pointing out that the impeachment procedure is deeply flawed and will, even more than Shirani, reduce confidence in the judicial process and hence government as a whole!

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    . I am sending a copy if my comments to the Speaker. 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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      Aiyoo Sudu, you got in before I did! I was impatiently waiting to praise Maharaja and you chipped in before I did! How truly bad of you Akki….
      Yes, if not for our Maharajano who got that godforsaken SF to clean up the stables (irrespective of those Tamils being Tigers or not), we would be bending in two to the Sun God now. How clever of our Maharaja to have thrown SF into jail and sealed his mouth shut…otherwise God knows what he would have done spilling beans to those UN fellows. Likewise, our Maharaja has realized that it is high time the same treatment is given to this woman CJ. After all who are we to question him? HE is the Maharajano. This is the KINGDOM OF RAJAPAKISTAN….But Sudu, when you really look at this a little deeper, don’t you think that we have replaced the Sun God with the MARAYA from Hell?

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    James Bond you hit the nail………….”CORRUPTION has today been SYSTEMATICALLY INSTITUTIONALIZED within the Legislative and Executive arms by Rajapassa and his family and they are the GREATER EVIL.”

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