1 October, 2020

Blog

On Vitarana’s Disclosure; MR Was Introduced By CJ To Appoint Her Husband As NSB Chairman

By A Concerned (Fomer) Civil Servant

Pradeep Kariyawasam

Senior Minister Professor Tissa Vitarana (see here), claims that President Rajapakse appointed The Chief Justice’s husband, Pradeep Kariyawasam as Chairman, National Savings Bank at her specific request.

This disclosure gives rise to more serious allegations against the Head of State, than the Chief Justice.

Very serious questions arise of the following nature, in the wake of the said assertion:

(1) Demands such as appointment of family members are generally made only when partiality exists or is on offer. Justice (Dr.) Shirani Bandaranayake was appointed by President Rajapakse as Chief Justice without an independent mechanism for appointment of Superior Court judges (after the 17th Amendment was disregarded by him and his Government). By doing so, does the President and his Government expect such appointees to act partially?

(2) Has President Rajapakse acted wrongfully by appointing Pradeep Kariyawasam as Chairman, National Savings Bank?
– If such a request was acceded to, has the President acted in a manner that was calculated and/or likely to influence the conduct of the Chief Justice?

(3) Has President Rajapakse acted wrongfully by failing to have timely steps taken against such a corrupt and inappropriate request by a sitting Judge?
– No action was taken against Shirani Bandaranayake until she made certain rulings which were contrary to the ambitions of the Government, especially the making of the Supreme Court Determination on the Constitutionality of the “Divineguma Bill“. In such circumstances, the action towards impeachment cannot be viewed as a clean act.

(4) Why was such a wrongful, judicial independence undermining transaction between the Head of State and the person selected by him to be Head of the Judiciary not made the subject matter of the impeachment motion?
– The Public would expect an elected President to uphold Independence of the Judiciary (and thereby the Constitution). The integrity and suitability to hold high public office of both parties to such a transaction are rendered highly questionable by such conduct.

(5) Has President Rajapakse violated the Sovereignty of the People (and thereby the Constitution) by hiding the fact of such a serious, wrongful request from the citizenry and accommodating it?
– The fact of such a request being made is not disclosed to the Public – especially when such a wrongful request is accommodated. This is quite in contrast to the manner in which the State Media has been deployed to make various allegations and aspersions after the impeachment motion was tendered.

(6) Has President Rajapakse betrayed the People by acting in the manner disclosed by his own senior Minister, Prof. Tissa Vitarana?

(7) Has President Rajapakse acted in a similar manner in relation to other senior judicial officers?

(8) In the given situation, can all judges given post-retirement appointments and/or whose relatives have been granted various high appointments in the past rendered suspect in terms of integrity?

(9) Is this why President Rajapakse is afraid to have suitable steps taken to have an independent judicial body comprising Retired Chief Justices from the Commonwealth go into allegations against Chief Justice Shirani Bandaranayake as was sought on an earlier occasion when a Motion was submitted for the impeachment of (then Chief Justice) Sarath N. Silva?

The full answers to the above questions are of the utmost importance, in view of the centrality of the Independence of the Judiciary to the Rule of Law and the need for all citizens including the President to respect and uphold the Constitution.

In the meanwhile, amidst all the ambiguity, the following appears clear enough:
(a) If Prof. Tissa Vitaarana, Senior Minister has disclosed the truth, BOTH Mahinda Rajapakse and Shirani Bandaranayake should relinquish their public offices as President and Chief Justice of the Republic.

(b) If the disclosure by Prof. Tissa Vitarana, Senior Minister is untrue, then he should resign from the position of Senior Minister and Member of Parliament, having demonstrated unsuitability to hold such office. In addition, he would be amenable to be tried for contempt of court for uttering such serious untruths in relation to a sitting superior court judge.

The citizens of Sri Lanka have a right to know the answers to the above questions, and to proper action to be taken against all those complicit in wrongdoing that affects judicial independence. It is also most apparent that there is a need for legal mechanisms to ensure judicial independence which at present appear to be negatively affected by the means of appointment, promotion and control of judges of the Supreme Court and Court of Appeal.

Print Friendly, PDF & Email

Latest comments

  • 0
    0

    Sri Lankan politics has become the laughing stock of the whole world.After 30 years of misery I thought we could progress very well. I am sad.
    Hari Dakuma

  • 0
    0

    This is allvery fine.Lets start fromthe begenning or lets take action in some order-that is first thing first. CJ makes a bad(impeachable)request
    then the President grants it(an impeachable action). So let us first impeach the CJ the first offender. Once that is over let us impeach the President.

    • 0
      0

      It should be the other way around.

  • 0
    0

    Why worry about ethics and procedures regarding impeachent of CJ. The Sinhala anti government forces are active again. CJ is doomed and will never be able to maintain her status after allegations proved or not. Why are the Sinhala Pundits and anti government diaspora trying to undermine this government that liberated the country from the terrorists. Isn’t it true that the anti government forces were prepared to handover one third of the country to the Tigers on a platter in the name of peace? What’s so big about CJ ? What are the so called morals and ethics and perceived injustice these pundits are talking about now? Where were these traitors when the Tigers and the JVP were killing civilians and executing them after their Kangaroo Court Hearings? Why all these fuss now about CJ. If the Legislature and the President do not want her, it’s time for her to go. Who is this CJ after all? When Mahinda appointed her as CJ all these anti Government Forces were against her appointment. The UNP even wanted her to be reported to the Bribary Commissioner. Now why the turn around ? Even the Tamil Diaspora have joined these pundits for all these forces have their own axes to grind. The traitors do not mind giving half the country to the separatists but they are very concerned about the ethics and procedures relating to impeachment. As Prabakaran once said the Singhalese have very short memories.

    • 0
      0

      Sudu Akka,

      Even Kottoruwa (wood pecker) which is not educated or been taught….. knows which tree to peck and which tree to keep away……You may have seen when honey collectors go to collect honey they make sure not to disturb the QUEEN BEE and if they did it will be their death.

      This pissu g…n R…ja put his finger to everything…..and now in trouble…..

      Only thing left is to remove the white sa..ng and run away from the queen bee…. before the qieen bee enters inside and it will be worse then.

      If he has the slighest knowledge to understand this common sense…..I don’t know what else to say.

      Donkeys are born and cannot be corrected……..but even real Lions know their boundries, limits and capabilities.

      Choose what you like.

      We are Sri Lankan Sinhalese for Justice, Peace and Happiness without Borders.

    • 0
      0

      My Dear Sudu Akka,

      Judges of JVP Kangaroo courts are dead and gone. Their children are in parliament and are doing the same thing.

  • 0
    0

    Professor, I believe You have a real doctorate unlike Mervn.
    Hai Hai

Leave A Comment

Comments should not exceed 200 words. Embedding external links and writing in capital letters are discouraged. Commenting is automatically disabled after 7 days and approval may take up to 24 hours. Please read our Comments Policy for further details. Your email address will not be published.