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.
Safa / January 4, 2013
The specific words as reported by CT
Here we are having the Head of the Judiciary doing that. We raised this matter at the party leaders’ meeting with the President. We asked President Rajapaksa why he appointed Shirani Bandaranayake’s husband Pradeep Kariyawasam as the Chairman of the NSB. The President said he did it under her specific request. President Rajapaksa did not want to antagonise her and therefore had to accommodate her request. Where in the world does a judge go and make such requests? When judges retire they are not supposed to take any posts, otherwise they will be offered things while they are acting as judges so they will be biased in those cases in anticipation of some reward later. These are ethical standards a judge has to maintain. Here we are talking about the Head of the Supreme Court of our country.”
So TW is making a very grave accusation based on a statement attributed to the president. He is not a wittness or privy to the alleged conversation between the president and the CJ, but is coming to a conclusion based on two sentences, most probably lies, uttered by the president. Can it be believed then that the president of the country is afraid of antogonising the CJ and thus makes an unlawful appointment? Can this third party account be believed?
He carries on with the next statement which is strangely exemplified by CJ Asoka Silva taking up the position of Presidiential Adviser. This is true and before our eyes. Therefore CJ Asoka Silva and the President must resign.
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P.B / January 4, 2013
Who is more wrong here? If I were to ask him the president of our country to jump in to a well, will he do so, so as not to antagonism me? Obviously not. So why is he afraid to antagonism the CJ ? Because he needs favors? GOD forbid what do we have here?
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James Bond / January 4, 2013
IMPEACH MAHINDA RAJAPAKSE! Turn the tables on the bugger!
Rajapakse gave the bribe and Pradeep Kraiyawasam took the bribe. They are both culpable and Rapakasa must be IMPEACHED for seeking to harm, corrupt and destroy the judiciary and the legislature and the executive office by DEFRAUDING and LYING to the sovereign people of Lanka.
IMPEACH THE BUGGER MAHINDA RAJAPAKE! He is corrupt and a thief. I have said it once and so have many others. The CJ and others who have been robbed by Rajapakse and his family members have enough grounds to impeach the bugger. The senior Lawyers and PCs of Lanka should get together and draw up the charges for impeaching Mahinda Rajapakse now that the courts have set a precedent and acted in the PEOPLES INTEREST rather than in the corrupt politicians interest as they did in the past.
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Don Stanley / January 4, 2013
Quite right JB!
Chamal Rajapakse and Mahinda Rajapakse must be impeached for having organized and run a KANGAROO COURT in parliament and bringing disrepute and grave harm to all three arms of govt. The Judiciary, legislature and the Executive office and there by the sovereign people of Lanka.
Rajapakse and his brothers have lied to the people and sought to deceive them. The UNEDUCATED Rajapakse brothers are a bunch of criminals who are looting the public wealth. The Divineguam Bill is a joke. You do not need a massive Divineguma agency when poverty is down to 9 percent from 23 percent 10 years ago. You need a streamlined agency for targeted and monitor able cash or in kind transfers to poor families. Basil Rajapakse does not have a basic degree and knows nothing about Development or Economics or Poverty reduction best practices.
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douglas / January 4, 2013
Very correct. It is now upto Prof. Vitharana to come up with answers to the above questions.
The Public has a RIGHT to know. It is also upto the HE The President to clarify this situation and provide us with the truth and nothing but the truth. The Government media: The Daily News and the SLBC must give publicity to such clarifications, if any, and tell us the truth.
Over to you Prof.Vitharana and the HE President.
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Mahela / January 21, 2013
douglas,…
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Dr.Rajasingham Narendran / January 4, 2013
Any accusation has to be proven and the proof should be beyond reasonable doubt. Accusation remain accusations until such time. New accusations made almost on a daily basis, beyond the original 14 made in the impeachment motion have no standing. Further, in the face of thr Appels Court decision, making such accusations are perverse. If new impeachment procedures are legalised as required by the decision of the Appeals Court, a new impeachment motion can be filed incorporating the new accusations as well. Prof. Vitharane should have been wiser. The president himself can be accused of misusing his office and thus liable to be impeached.
Dr.Rajasingham Narendran
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Sofia / January 4, 2013
This is not acceptable.
Can anyone sane get this – what happened to the so called WISDOM of great president to appoint CJ s husband for the position ?
And how had been the similar appointments in terms of previous CJs in the country. Whoever this kind of decisions are made – they compare the history of the similar events. I am sure, all these are just to put her down right at this level. But what will be consequence – nothing else than more clear to the nation that the rulers re unpredictable.
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Sofia / January 4, 2013
When a wild buffeloe governs the country, we have to face the unexpected again and again.
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Kalu Nangi / January 4, 2013
We await with bated breath for more juicy disclosures in the coming weeks….
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jaya / January 4, 2013
Mr Minister please reply that if the Mr. Kariyawasam is not the husband of CJ then the president would appoint him as the chairman of NSB? Four strategies used by incumbent government in order to stay in the power as “sama” “Dana” Thrastha” , Danda”.People who are not be able to comprehend these strategies are automatically trapped by the “Chinthanaya”.
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Ronny / January 4, 2013
If the President admits that the CJ requested Pradeep’s appointment, then the President is at fault to have acceded to her request as per items 1 to 9 above and if the President denies, then Prof. Tissa Vitharana is at fault. This is worse than the 14 charges against the CJ. As Safa says, this could be yet another lie of the President. In that case, we have a liar as our President!
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premalal / January 4, 2013
If the present CJ was so close to the President would she reject the invitation made by the President to the senior judges a few months ago to have a discussion at the Temple Trees?Is this an attempt made by Witharana to convince the President that he is on his side though he would have to,perhaps reluctantly, abide by the decision of the Left Parties?Witharana is probably scared that he would lose his Ministerial job if he abstains from voting for the impeachment motion
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Saman Wijesiri / January 4, 2013
I think we must thank Dr. TV for disclosing the criterion that the President is following in making appointments to high positions if we are to believe that he is telling the truth. Or has he been caught with his pants down when telling a lie to further discredit the Chief Justice? By the way have these guys got the guts to question the President on appointments he makes? Anyway we can smell a rat. Can someone more knowledgeable clear the air? Did that sordid transaction really take place? Or is DR.VT lying?
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Yasas de silva / January 4, 2013
Tactics, friends tactics,Rajapakshe knows now he is in a sinking ship.Now he tris vilifies CJ.Why MR took such a along time for this disclosure.We know who MR is? This kind of politicos will lead our nation to hell.shame on you president,shame on you.
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Raja / January 4, 2013
This shows how muck back ground study is done before appointments . Its shows the calibre of People around MR .
Even the parliamentarians behaviour is shocking .
But the were elected by the people , The saying that people get the government they deserve .
Even Prof Tissa V a very educated person wrote to papers about putting all HIV patients in concentration camps .
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capucine / January 4, 2013
Vitharana was at school when I was a very junior student. He has proved that he is no different from Weerawanse and Senaratne. May be the others also.Senaratne made an ass of himself in villifying a retired judge.Vith harana has proved himself another bboot licker nothing more nothing less.I WILL TAKE A BET. NANAYAKKARA, VITHARANA AND GUNASEKARA WILL VOTE FOR THE IMPEACHMENT.tHEY ARE SEVALEYAS.
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kautilya / January 5, 2013
Vitharana jumped to the same well of Weerawansa,Dilan,and Rajitha.Very likely he was asked to do so by the King of the Barbarians in the Parliament or see the exit door.Also there are rumors about how Vitharana’s next generation was helped by the Goat King
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Lasantha Pethiyagoda / January 4, 2013
I sometimes wonder how naive Sri Lankans can be, including this so-called former civil servant and others of high standing. There is no point in arguing if the appointment of a chairman to that position was ethical, unbiased and based on merit, or whether the conflict of interest should have been avoided etc when the whole country operates in the same fashion at many levels, and is indeed a sub-cultural trait that is entrenched as part of Sri Lankan-ness!
What might be more prudent is to consider how processes and policies can be developed into more mature, ethical and fair bases that can withstand the scrutiny of critics in the future, not least because that would help the country become a true democracy with a just and equitable socio-political framework.
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Park / January 4, 2013
If a President is so gullible to make a major decision based on some ones request, the question that has to be asked is … is the President competent enough to hold the position. Any one can ask for a favour, its the person who makes the decision who is responsible for the decision he or she makes. So the fault is with the President.
If the President decided to appoint CJ’s husband at the request of CJ, then the President should also agree to withdraw the impeachment at the request of CJ.
Is our President a RUBBER STAMP President!
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archie.midas / January 4, 2013
but a double edged sword – yes?
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Yehiya / January 4, 2013
Tissa is the 3rd class politician.Today he is the spokeman of president.President no inteligent to think. Your comments will lower the status of President of Sri Lanka. Misleading themselfs.
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Yehiya / January 4, 2013
How many appointment done like that? Now the time to think the all appointments. If Kariyawasam says like vise vasa comments of purchase of shares, which court will the solution.
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Mohmar / January 4, 2013
Kariyawasam was removed from his earlier position of the Chairman of Insurance Corporation as there were allegations of improper share purchase dealings. Did not the President know this? So who is at fault in the first instance? What will the Prof. say?
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Bruno Umbato / January 4, 2013
Mohmar, you should go and check your head for any cracks!
When the top of the judiciary was asking a job for her hubby (she surely knows about all past dealings of her husband including share purchases), what does it say about our general population? Is it fair to say this nation of ours as a whole is corrupt given the corrupt behaviour of the top judge in the land?
I have little sympathy for the president … How could one govern without corruption when the everybody else including the top judge is operating in questionable manner?
Everybody blames polticians … But, they all come from us who are more or less corrupted … When people like you whitewash CJ who is the highest authority to uphold the justice in the country, what does it say about you?
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Mohmar / January 5, 2013
Go into the history of corruption of Sri Lanka and you will see that it is the politicians who set up the trend in Sri Lanka and they were at the top. There are hundreds of examples. I having, worked in a state institution, can refer to many where the politicians were instrumental in the institution becoming corrupt and finally manipulated it to be sold to the private sector undervaluing its assets. Can a responsible head just listen another and make an appointment without looking into the past of the appointee and, in this instance, the issue in the Insurance Corporation was public knowledge.
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THE QUIET MAN / January 5, 2013
This is all day dreaming.No one will DARE impeach any Rajapakse.The only thing is for all right thinking people TO UNITE,and launch what the world will call a SRI LANKAN SPRING.The day is not far off.Like I said earlier, COMETH THE HOUR, COMETH THE MAN!!!!
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Ukussa / January 5, 2013
THE QUIET MAN’S STATEMENT IS VERY SENSIBLE.THERE IS A SAYING THAT AMONG VEDDHAS,DURING THE RAINY SEASON THEY GATHER AND EACH PROMISE TO BERING A “A DARA MITYAK” NEXT TIME, TO FIX A HUT TO PROTECT FROM RAIN. AND AFTER RAIN CEASE ALL FORGET ABOUT IT, UNTIL THE NEXT RAINY SEASON. WE SRI LANKANS ARE EXACTLY THAT. NO ONE CAN ABDUCT ANY RAJAPAKSHA IN A WHITE VAN, HURL AT THEM A BOMB OR DARE IMPEACH THEM OR GETA THIRD PARTY TO ASSAULT ANY OF OF THEM. THESE AL BUNKUM FOOLISH PROPOSALS.HAD THE CJ REQUESTED A JOB FOR HER HUSBAND WHEN HE WAS JOBLESS, THAT IS A GRAVE DISGRACEFUL FAULT,WITH HER POSITION AS A CJ. HAD THE PRESIDENT ACCOMMODATED IT, IT DISPLAYS HIS CROCKED ULTERIOR VULGAR MOTIVES. MAY BE VITHANAGE FEARING HE WILL BE DEFINITELY LEFT OUT AT THE NEXT SHUFFLING OF THE CABINET, HE HAS COME WITH A LIES THIS BEATED AS IS USUAL WITH LEFTISTS. THIS GOVT HAS BECOME TO THE PEOPLE AS POKE IS CORRECTLY TO THE MUSLIMS TODAY THE BEST WAY IS TO CHANGE THIS DESPICABLE OLIGARCHY REGIME PEACEFULLY OR FORCEFULLY. HOW AND WHEN ? BUT QUICKLY.
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Srinath Gunasekera / January 5, 2013
Why is it that Vitharana took such a long time to come out with this secret? Was he sleeping all this time? Is he now trying to provide an escape route to some. In a few days some other government supporter will say the CJ wanted her husband appointed Chairman Insurance! Is Vitharana trying to “Bull Shit” the public?
Srinath
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Daya Master / January 5, 2013
Yes. The problem is not the CJ asking but President giving.
This is the rule of law we all like.
A thief can break in to a house and steal a TV but the owner of the house of the criminal for having the TV!
Rule of ‘our’ law is such.
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JULAAMPITYE AMARAYA / January 5, 2013
WHAT IS THE ANSWER?
; Has President Rajapakse violated the Sovereignty of the People (and thereby the Constitution) by hiding the fact?.
WHAT I CAN SAY IS;
JARAPASSA HAS DONE THAT MANY TIMES AND HIDE / HIDING MANY FACTS FROM THE PEOPLE OF THIS COUNTRY.
CHEATING THE PEOPLE AGAIN AND AGAIN.
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Mahela / January 21, 2013
Julampitiya Amaraya,…
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commando 695 / January 5, 2013
“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.”
He my be totally unsuitable to hold such office – but…..HE WILL NEVER RESIGN !
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Jayantha / January 5, 2013
Prof.Vitharana,
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dicky Bird / January 5, 2013
Holy crap………. when do we move on.
Comments here have more to do than just criticism.
All honest dudes in the forum who are without blemish thrwing the first stone.
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Jayantha / January 5, 2013
Prof. Tissa Vitharana,Dew Gunasekera and Vasudeva Nanayakkara:
Whom you all try to fool……Do you think that we, the educated, intelligent and who analyse on critical thinking and research before write….could be hoodwinked like those villege uneducated gon harak who only know about ploughing their land and have dozen children every 10 years, wearing amude and eating Mun kevum..
You are badly mistaken like your Big Boss…..who try to play his Hamba puppet show, comedy central tricks,and double bribed tricks on us….Come on sir. Don’t think we are knode bendapu Cheena….ok.
Please read this…what Google say about your friend Vasi Deva…
————————————————————————-
Vasudeva calls for tax hikes
Published : 12:01 am October 10, 2012 | 184 views | No comments so far | | E-mail to friend
The Rajapaksa administration is presently struggling with no revenue says Minister of National Languages and Social Integration Vasudeva Nanayakkara, suggesting that the quickest way to find money is to impose more taxes.
Nanayakkara emphasises that “those who can pay should be asked to pay more taxes”. The Minister also stresses on the importance of taxing black money in order to find immediate funds to ease the present financial crisis of the Government.
Despite being known as a strong trade union activist, Nanayakkara asserts he is now compelled to play a more balanced role due to his responsibilities as a Cabinet Minister.
Following are the excerpts from an interview:
Q: People in this country are suffering enough; why are you suggesting more taxes?
A: The taxes I suggested are on the big businessmen who are making bigger money.
Q: But ultimately all such taxes will be transferred to the people?
A: Ultimately anything will be transferred to the people. Ultimately the burden on the rich will be the burden on the poor. In any society there are two layers that exist; one under the other. Therefore, the operation of a tax will be of no lesser consequence, but will immediately give revenue to the Government. In immediate terms it would be pocketed out by the rich people. But in the long term all burdens will ultimately be on the people until and unless you start appropriating capital.
Q: Do you think it is possible to implement your recommendations in order to find quick money to ease the Government’s revenue crisis?
A: If I am the Government, I will implement each and every suggestion I made.
Q: You are part of the Government.
A: Yes I am part of the Government; therefore I urge they be implemented.
THE REST IN THE FOLLOWING WEB:
http://www.ft.lk/2012/10/10/vasudeva-calls-for-tax-hikes/
Also please go to ASK.COM and type VASU DEVA NANAYAKKARA
WEDNESDAY, DECEMBER 19, 2012
http://www.srilankabrief.org/2012/12/vasudeva-nanayakkara-undressed-himself.html
Vasudeva Nanayakkara undressed himself: prevents UNDP funds for Judges Annual Conference 2012
This is the Sri Lanka’s most leftist Language minister Vasi Drva (Sri Lanka’s Fidel Castro) said when interviewed….while his four children studied in the most expensive Universities in USA.
Also if you could answer these questions will be great…..
1) Who gave Prabhakaran Rs: 600 million to stop 2005 NE voting…
2)Who bribed over 100 opposition MP’s to cross Govt. side.
3)Who promissed UN that they will not kill any tamil civilians when cross into Govt., side but killed over 100,000 helpless tamil civilians in nanhikandal………..
4)Who chased UN from conflict areas…….and then killed innocent tamil civilians….and now trying to hide from UN……….
5)Who promissed world community that they will implement 13+ after war but fooled them………upto now.
6)Keep postphoning LLRC without giving any concession to tamil war refugees………and now harassing them daily.
7)who murdered Lasantha Wickrematunge, Pradeep Ekneligoda and all other reporters , journalists and HR activists and white van abductions.
8)Who helped Duminda to kill Baratha Lakshaman for Kolonnawa drug business………..and helped him to run away to Singapore.
9)Who is behind the drug Business Mafia…………in Sri Lanka
10) Who put his arms round the shoulders on ex.CJ Sarath N.Silva (when SS was not in good terms with MR) in the funeral home and published in the
Newspapers………
11) Who went first to hospital to see Dr.Jayalath Jayawerdena UNP MP ….and published in the papers….
12) Who put arms around UNP Kandana MP(John Amaratunge) at speakers house and published in the papers.
13)Who sent Gen.SF to prison after using him to win the war……
14) Who forced Namal Rajapakse to sit for Law exam in and Air condition room with a lap top computer on side……and forced the paper corrector to give him 98 marks….highest ever in Sri Lanka history……
15)Who duped all the Buddhist Preletes giving them super luxury cars, land, pansalas, huge Danas, air tickets to get them to his side……..and cars and laptops to reporters, journalists and actors and artists………
Mr. Vitharana….please answer to the above questions…….I have million more that I could write …..but do not have time..
So don’t fool CJ or Mr. Kariyawasam or us and the public readers and the CT readers to believe you or your Big Boss. MARA…..
Also please show this to President and tell him to answer these questions.
We people want the truth…..not the Jokes by Jokers.
Hope you will answer to the above questions.
We will teach the unforgetable lesson in life to the ones who ruined us and the country.
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Leela^s Cousin / January 5, 2013
MR is not thoththababa (NAIVE) to have appointed CJ s husband even if she requested to do so. Vitana s arguments is biased. As a senior person he should come with better arguments than this one.
MR has made stupid decisions in many areas afterall when appointing candidates.
The most known is the ambassador to the US today – is just a business man who has not the least qualifications to hold the position when considering the history of the ambassadors that have served as his predecessors. Consequences are clear that today US relations with lanka have been not as had been before. All these have been neglected by the current regime. All other for army men with zero qualifications have been doing nothing just react as country^s stupid representatives. Srilanka is a country that produced world leading figures in the history. But today, IC looks it is the place for butchers and thuggery minded murderers.
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kalani puttha / January 5, 2013
another animal eating shed.
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Sriyani Amarapala / January 5, 2013
Those living in glass houses should not throw stones at others. When your house is shattered your nakedness will be visible to the entire world.
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Jim Softy / January 5, 2013
According to Professor Vitharana’s claim that SL President Mahinda Rajapakse did not even appoint Bank Chairman like important positions for qualification. It was simply the personal connections and nepotism. There were NO people to talk to or interview him. It was the politicians who decided it.
So, it was wrong handling of things from the very top.
One other supporting fact is Even Mahinda Rajapakse’s Astrologer was a director in that Bank.
So, it is not unbelievable to hear that NSB is almost close to bankruptcy.
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Chutta / January 5, 2013
The deal is pretty clear, the “18th Amendment’???????????
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