23 May, 2019

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Oh! Justice! What Crimes Are Committed In Thy Name!

By Tirantha Walaliyadde

Tirantha Walaliyadde PC

There have been numerous attacks on the Sri Lankan Judiciary in the recent past with allegations of corruption, partiality, and political intrigue, and listeners and readers of the public appear to gobble them up with much relish. There is a saying that no great civilization can be overthrown from without until it destroys itself from within. We are now midway in the process of proving the truth of that statement. The judiciary is the backbone of every civilized society- tarnish that with random, spiteful attacks on it, and that society will fold up and wither away. 

“Let he who hath no sin cast the first stone”. (Jesus, when the mob tried to murder Mary Magdalene by stoning.) Likewise, one wonders whether those who cast these stones at the judiciary or for that matter at any institution charged with the business of administering justice, are without sin in these same areas and are paragons of virtue…

Of Buffalos And Men

When the noble Brutus slew Caesar he said he did so because Caesar was ambitious. I have always wondered as to who the ambitious one was- Brutus or Caesar. People do nasty things to other people with different motives- leading the list is the craving by some people for public recognition which has mercurially avoided them throughout their murky lives; some others craving for command and leadership which was never theirs to have, nor within their capacities to wield- there is an interesting story about leadership: there was once a leaderless herd of wild buffalos in stampede. A shrewd old buffalo who was quite past his prime with nothing to show for it but was still craving for leadership of anything took a short cut and started galloping in front of the herd. All the buffalos hailed him as the leader. 

You become a hero when it is too late to become anything else.  

“Not Us, Old Boy..”

Another matter comes to mind here on the subject of the judiciary and corruption. There have been numerous instances where in the not too distant past and now, where, when the popular verdict of the people is not delivered by the court that in fact hears the case, black flags start popping up, howls of protests and foul allegations of intellectual, moral, or material corruption spew out like sewage running through the gutters of the city. In reality, the fault here is not with the members of the general public who participate in these unruly demonstrations but with the people who instigate these acts of mayhem whilst taking cover behind bland smiles and bare statements with the universal shrug- ”Not us, old boy”. Most of the active participants probably don’t know what they are howling about. They howl. Period. But the consternation caused within the nation, the damage caused to their own selves by bringing the judiciary into disrepute are immeasurable and irreversible. 

Cry! My Beloved Country! (3)

Oh! Cry! My beloved country! Do you not see your own destruction by the machinations of a few disgruntled individuals who have already lost their race in life and are struggling for their last gasp by attacking that last fortress that holds the nation together? Oh! Justice! What crimes are committed in thy name! 

Sri Lanka is now at the center of international focus in relation to its judicial affairs. One sees the international community exerting its might against this little nation of ours, coercing, cajoling and wheedling to keep the Diaspora at bay. It is heartening to note that on occasion Sri Lanka makes a spurt out of its corner, snarling, spitting and scratching before retreating back into its corner to gather its puny forces for the next confrontation. It is heart rending to see that in this quagmire of serious international political intrigue where the Sri Lankan judiciary is being subjected to severe partisan scrutiny by the international community, unruly elements in Sri Lanka itself, pouring oil upon the troubled waters by their venomous attacks on our judiciary at this crucial juncture and so paving the way for international interference in our domestic affairs, threatening the very sovereignty of the nation.  Judas couldn’t hold a candle to these malicious interlopers. Little do they realize that by doing so they spit into the wind and will end up getting their faces plastered with their own spit.  

The Supreme Court is mainly a court of review with original jurisdiction only in matters of contempt and a few others where it acts on its own. The time has come now for the Supreme Court to face its adversaries and say – “enough!” If not, the mischievous elements will overrun it and goad this nation towards anarchy, bloodshed and the resurgence of the vigilantes. The Supreme Court is the one most powerful institution in any country and is the bulwark that holds the nation together in the face of invasive and destructive forces that threaten its existence. It is the last rampart beyond which is oblivion. Let that power be now unleashed and the people will breathe a quiet sigh of relief.  If not, this Nation will fall while bloody treason flourishes over it.

A word to those who would feast on the vitals of this Nation to appease their hunger for a name- however sordid it may be: “Gentlemen, you are today, what yesterday you were.” (The Devil’s Laughter) Do not, in your wildest dreams, ever imagine that you will be able to hide behind the magnanimity of the human soul for what you have done: yours will be the most hated names that this country has ever known.

And like the Phoenix, a child will rise from the ashes- a child too young to know..

“….and all for the want of a horse shoe nail…”

*Tirantha Walaliyadde, President’s Counsel

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Latest comments

  • 14
    1

    What a load of rubbish. The writer knows full well how corrupt our courts and lawyers are. Our lowyers are even more corrupt.

    • 6
      0

      Paul,
      Yes the courts and lawyers are corrupt. The courts and lawyers were not corrupt when Srilanka get independence. Someone should be accountable for such level corruption. Who is accountable? Is it the Parliament or Is it the President? We people gave the all the executive powers to one man in 1978, that is the start of corruption. People gave the power not to destroy the rule of law and justice system. They gave the power to identify the corrupt judges and lawyers. The powerful Presidents exploited the power to get personal benefits including to extend their power beyond the legal limits. They forced the courts and judges and lawyers to give verdict that was favourable to them. When they wanted “yes” vote in the parliament they gave freedom of ministerial posts for each and every one to corrupt the country. Now you can cry about justice, but now it is endemic and there is no treatment other than complete destruction. There are people to argue & defend here corruption is a good thing for country and people.

      • 3
        0

        Tirantha,
        What a load of fire and fury, amounting to nothing! Being a lawyer, you have avoided all the difficult points.
        “There is a saying that no great civilization can be overthrown from without until it destroys itself from within”
        Well, there has to be a great civilization to start with. If you think this is one, it doesn’t speak much for your standards.

    • 6
      0

      Thirantha

      You are talking rubbish.

      Look at what hapenned to the judiciary under Sarath and Mohan!!

      Look at the behavior of some of the PCs and their appointments !!

      Look at the behavior of some of the judges !!

      Look at the stand taken by the AG on some of the controversial cases!!

      Where have you been all these years??.

      The country would not be in this position if he had law and order.

      Jagath

    • 0
      0

      Exactly… this hypocrite is trying to defend the most corrupt and the damaging one to the nation— the Judiciary. If you do a research on the number of corrupt politicians who stole the country from right to left and the ones who brought in draconian laws to split the nation with their RACIST IDEOLOGIES, all of them were LAWYERS by profession. There were many Presidents and Prime Ministers (Govigama origin) who destroyed this country after it was taken over from the British were all lawyers. The promoters of SINHALA ONLY Zionist project were and are all lawyers. Its clear like the morning sun. Mahinda Rajapakse and his son are CROOKS OF THE HIGHEST LEVELS and they are still lawyers. God only knows how these bastards became lawyers when their academic level is gutter and total garbage.

  • 11
    0

    A lot of big words, quotes, and Tosh!

    Most SL courts and PCs are by and large corrupt and politicized. So too in India and South Asia .

    Bondscam Ranil’s favourite, Shibly Aziz who is best buddy of crook Nimal Perera is a good example of corrupt PC!

  • 7
    0

    “There have been numerous attacks on the Sri Lankan Judiciary in the recent past with allegations of corruption, partiality, and political intrigue, and listeners and readers of the public appear to gobble them up with much relish. “.
    The people of the country need an answer. The Government and the Judiciary have so far given no response to the allegations that the “public gobbled with much relish”. Learned Counsel your article neither gives a response to the numerous allegations. Why the silence ? Is it that you are innocent until proved guilty !!

  • 7
    0

    Yes, it’s a bad thing to criticise the judiciary. But if the rulers and the judiciary itself are not taking any effort to correct the latter?

  • 6
    0

    Dear Sir with all due respect I agree with your statement about the judiciary being protected at all cost.I for one always believed in the system (judicial) when all others grossly failed. And there are enough examples to quote in different countries who are in the same situation as Lanka. In Pakistan The chief Justice stood against the fraudulent GOVT and brought it down with the help of the public. In India time again the judicial system as stood for what is right against all odds. Same in Lanka when JR tried to do the same after turning into an autocrat where then CJ a soft spoken Mr. Nevil Samarakoon refused to give up the judicial integrity for political gains.But what we have have now for past 10 years or so is not the same. Hoe do you justify the acts of Messers Sarath Mohan and even Shirani.?? Can you name one political leader who has been served with fair justice?? I can quote enough outside of Lanka.( Pakistan,India,Nepal, Bangladesh, Italy, Israel, US,UK,Brazil,Argentina…..etc is that enough)How to you explain the poor citizens death while in police custody??(sentenced served without trial) How to you explain your colleagues sharing the same bed with politicians and judges who are supposed to keep away from politicians to serve without bias.The corruption ,graft and all the malaise have now trickled down from the top (judge to the peon) to bottom. That is what you see now in Lanka,How will you like to describe the Bar council in your own words?? The foreign judges were recommended because of the total break down and not with the intention to invade.And you know the truth. Even today we see some of our judges with true integrity being nominated to lead international/world forums. And I for sure know how some of our past law makers are treated with great respect and quoted in western countries.I

  • 2
    0

    Addendum, Please do not treat the public as stupid,gullible or naive (“public appear to gobble up”) as your colleagues do. We may not be that smart like you but we are neither idiots as you think.Thank You for making a case with out quoting the doctors. Have a pleasant day.

  • 1
    0

    I also agree with you. It is difficult to believe what Suganthika Fernando said. Like how di dthe Judge drive to courts drunkard, did some one drove a drunkard judge and how di dhe entered to the building while he cannot stand alone. Why did he come to the courts to get drunkard etc., On the otherh hand, Nagannatha Kodithuwakkyu was treated bad by the Supreme courts. In that case, it looks definitely Supreme courts was biased and used heavy hands to control him. Even though Suganthiksa Fernando is wrong, I say the Supremem court, at least Ombudsman, should have listened to her. My question is why she did not mention that. I think police try to gain advantage by stopping Suganthika Fernando on speeding charges. In support of all these, It is very common that politicians transfer cases to other courts, and I do not know what role judges have in that. I saw Ranil wickramsinghe in a photo graph wit hthe chief Justice. Ranil should not have done that. That is undue influence by politicians. Because we can understand Ranil Appointed AG as well as IGP. to fulfill his needs. WE heard BASL is biased and they may be helped by CIA. At least installing software by the BASL President seems to be a thing a,long that way.

  • 2
    0

    I think Sri lankanjudiciary has high political influence and various politicians influence Judges. Even the prominent politicians of the previous govt have influence over judges. IF their Judicial commision as per 19th amendment that should be a political body. IT is for sure Justice minister is just a figure head

  • 6
    0

    Tirantha Walaliyadde laments ~ ” Oh! Justice! What Crimes Are Committed In Thy Name!”.
    We have the same lament but in the other direction.
    Tirantha quotes “Let he who hath no sin cast the first stone”.
    This is a ‘chicken and egg’ suggestion – in other words “Nonsense”. If we are sinless, there will be no need for expensive judicial systems.
    The comments here should make it clear to Tirantha that it was wrong to throw stones at us.

  • 4
    0

    One cannot deny the fact that the President and PM are the main stumbling blocks in the process of Justice either directly or indirectly. this was clearly seen in the appointments of Sarath N Silva and Mohan Peiris as Chief Justice and removal of Shirani Bandaranayake from that position. Indirectly other Judges were influenced and coerced to deliver verdicts favourable to the the politicians or the Government. We have seen enough and more of such instances during the past regimes and now it is being continued with the black cats in the fore and we saw how the previous Minister for Law and Order publicly giving orders to IGP. This is how the judiciary is prostituted by the very people who have pledged to uphold the Law. The list goes on. Please do not blame or discourage the whistle blowers. Let us unite to get rid of these corrupt political leaders and other politicians who are a bane to our country. Hon. Judges please do not fall a prey to these political vultures,
    you cannot descend to such low levels.

  • 3
    0

    I had a good laugh going through Tirantha’s Tirade. This guy is as corrupt as they come. He is trying to defend the indefensible!

  • 0
    2

    I am also pained at this incessant attack on our judiciary. Lots of people are mistaken and trapped into propaganda. I can understand the Tamil racists and JVP types trying to destroy the society. But why everyone else? Less than 5% of the judiciary is corrupt I would say. What is really corrupt is investigation and litigation arm of the law enforcement mechanism, not the judges. I mean mainly the police. The judges can’t help applying cold logic of law on what is presented before them. Cases have been well prepared in advance for the desired outcome. Money, favoritism, politics and lawyers.
    Soma

  • 1
    0

    If there is to be Justice for anybody, what is stated must be grounded in facts. If this fellow is a President’s Counsel, what Justice can we expect?
    .
    What a lot of vague and shallow sentiments and generalisations. He probably thinks that he has purchased a poetic licence after betraying us all to get himself silk.
    .
    Could some religious person who knows such things please tell us if it was Mary of Magdalene who was brought before Jesus for committing adultery? I have a feeling that they were two quite different people. This guy would have got the wrong woman stoned to death.
    .
    “mercurially avoided” – the two words just don’t collocate. Strange that he hasn’t also said that “Colourless green ideas sleep furiously”. Well, sixty years after that remarkable sentence was first uttered, he probably hasn’t even heard it.

  • 1
    0

    Mary Magdalene was not a prostitute, that was a falsehood that has perpetuated through later Christianity, and she certainly was not the woman who was to be stoned for adultery that Jesus saved.

  • 0
    0

    Now here we have a genuine Veddah.what is the point he is making.? Have pity on poor Sri Lanka.? But can’t name the causes. OR Have pity on the Judiciary . but can’t name who is responsible.? The man sounds like a veddah, looks like a veddah, and communicates like a Vedda, so must be a veddah.Tamil Veddah of course has reached new heights of stupidity and has to be left to graze under his favourite messa.

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