17 December, 2017

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Our Cry For Justice Is Not Only For Those Who Come Seeking Justice But Judges Who Can Not Speak For Themselves: President BASL

“The Judgment Justice Sri Skandaraja wrote presiding a divisional bench quashing the parliamentary select committee proceeding on the 43rd Chief Justice  made him pay the Supreme Sacrifice which cost him, his family and the loved ones dearly.” said the president of Bar Association of Sri Lanka.

President of the Bar Association Upul Jayasuriya

President of the Bar Association Upul Jayasuriya

President of the Bar Association Upul Jayasuriya made above remarks at the convocation on March 30, 2014.

He said; “The 43rd Chief Justice herself had to pay her price and sacrifice with more than a decade and half of her Judicial career, for standing up to her integrity. Up to date she is being hounded out. Permit me to quote from Mahatma Gandhi, ‘The weak can never forgive. Forgiveness is the attribute of the strong.’

“We the bar shall firmly be committed to the causes that are paramount to our integrity and the independence we stand for, at the Bar with no change of course.

“When we recount the circumstances, time, and personages of this tragic background and the guiltless life of Justice Sri Skandarajah, we find that the wrongs of headless anarchic attitudes and the ruin of a nation are on the cards and on the heads of the people of this country.

“The deprivation of that humble simple man who sat behind the bench has been robbed from the Sri Lankan nation, a Judge, whom we could call a judge in the literal sense of the words.

“In the discharge of his Judicial duties, those who looked at Justice SriSkandaraja as his Moses, shall bow their heads beneath their bitter load; in our heavy loss, and our land’s dimmed glory. But who weeps for him? The hour is  upon us when we must cry, though no mortal may ever hear us, No more of him, but let’s awake from the fearful palsy fallen upon the people, and answer to ourselves and to the system that robbed him of his rightful place.

“Our cry for Justice is not only for those who come seeking Justice but Judges themselves who can not speak for themselves. It is time that transparent procedures are put in place and independent criteria based on merit be be adopted and turn our back to those who take positions that do not legitimately belong to them.”

Read the full speech here

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Latest comments

  • 10
    0

    Upul Jayasuriya says “it is time transparent procedures are put in place”. Fine sentiment but it is a futile plea. The problem with the Rajapaksa Clan is that they are so thoroughly and irretrievably enmeshed in the politics of nepotism, cronyism, thuggery and intimidation, silencing of dissent and the muzzling of free media that asking them to be transparent is an exercise in futility indeed. The Rajapaksas have deviated so much away from the democratic path bringing them back to the road of egalitarianism is an impossible task.

    Upul says, “we find that the wrongs of headless anarchic attitudes and the ruin of a nation are on the cards and on the heads of the people of this country”, and on this sentiment he has my total agreement.

    • 6
      1

      Agree.

      Good speech. But hardly enough to chase the corrupt clan, their cronies & henchmen from power.

      Besides Judiciary itself has been utterly corrupt & disfunctional even before “The King” grabbed power.

      Opposition with civil society groups such as BASL must craft a clear strategy.

      Opposition must unite. Field a common candidate at the Presidential election. That candidate must be someone we can trust. Must be of high integrity with proven results.

      We must quit recyling old faces embroiled in corruption and abuse of power in the past at major elections.

      I applaud the BASL President for having the courage to speak his mind. In public. In no uncertain terms. Dr. Dhanapala please take note.

      Cheers!

  • 5
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    Good speech but we will not get the transparency in the near future and until the majority Sinhalese wake up from their trance. Is it possible to wake up.. We need a loud voice which penetrate the grass root villagers. This voice should be louder than the media which is effectively controlled by the oligarch of modern srilanka. Is there a person with a loud voice within the Sinhala community ? Is their any CVW type person, with some charisma, integrity and intelligence? How about Sajith? AKD? CBK? SF? RW? None has the capability to over come these dictator(s).. None with those three important characters exist within the majority Sinhalese in the political arena. Very sad.

    • 2
      6

      The LTTE murdered most of the strong Sinhalese leaders. Ranjan Wijeratne, Gamini Disanayake, Lalith Athulathmudali, Harsha Abeywardena, we have to wait a while longer.

      • 2
        4

        Paul,
        Rumors said it was the President Premadasa who killed most of those people in your list… If those rumors were half truths (I believe 75% correct), what sort of country we were born in…

    • 7
      2

      Orissa Man,

      There are many talented & honest Sri Lankans who can rise to this challenge.

      However, they are suffocated at emergence as new leaders. By corrupt SLFP & UNP organisations.

      These two political parties run by a mafia like web of corrupt families. These are essentially prasites that feed of Sri Lankan politics for generations now.

      They know no other craft to make a living. These people are highly unemployable anywhere else, but in corrupt SL politics.

      That is one root cause of most of our problems.

      Cheers!

      • 1
        0

        Sri Lanka’s whole political structure is a Mafia operation.

        Starting from Bribing Buddhist priests with Land deeds, Pajero Land cruicers,Mercedes Benz cars, Air travel, foreign trips,and endless Buffets upto giving books and pencils to Children during Election time is a Political Mafia operation.

        Just imagine spending 50 to 100 million rupees just for the PC elections is a mystry.
        How much they may be spending on a General or Presidential election.

        A single cut-out could cost upto 50,000 rupees.

        There had been over 3,500 contestants for the two provincial council elections, while fake 5,000 and 10,000 rupee notes been circulating all over Sri Lanka.

        Sri Lanka’s currancy notes are the Cheapest quality and the lowest grade out of the whole world.There’s no quaity nor value in that piece of paper. That’s why anybody could print them with a regular Printer.

        Unless GOSL start printing currency notes on a quality paper, they will have this problem eternally.

        Muspenthu Raja ruined our country and the currency.

        Kangetta will hit the Central Bank next.

      • 0
        0

        “hat is one root cause of most of our problems.”

        Ben Hurling,

        The classic “Sihala Hora Oru” is the main problem like the Kashmir terrorist who have multiplied and don’t own the land of the late Hindu maharaja knight H Singh.

        even Graft India has the IIT mechanical engineer/tax man challenging Mr Clean.

        Look at the liar mottapala/dhansal who tried to head UN.

  • 5
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    Saluting The Sinhalese of colombo
    ————————————-
    From the UNP, SM Marikkar has received the highest preference votes with 67243..

    Source; daily Mirror

    S.M.MARIKAR (UNP CANDIDATE) THE SRI LANKAN PEOPLES POLITICIAN ,HAS SECURED PREFERENTIAL VOTES OF 67243 Making him the top on the UNP list .

    Colombo Sinhalese as usual the most refined and never prejudiced have sent a strong message ,and that is we will never be part of racism ,it wont enter into their minds they are to much of a grand stock.

    One Country -One People ,is possible if it comes from ones heart and not just lip service .

  • 5
    0

    Educate your magistrates about illegal garages and illegal constructions and environmental law. Without Central Environmental Authority permits no one can operate garage in residential area. Sometime Police and Urban councils are protecting these illegal garages for personnel gains. Illegal garages is the main reason for cancer, and many other non-curable ills. Garage can not operate before 8.00am and after 5.00pm and Sundays and public holidays. Especially in own resident houses less than 40 perch etc.

    • 2
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      Yes many non-curable diseases create by garages operate in residential areas and even spray paintings goes over 100 meters and tinkering sound can go up to half a km and create hearing problems. Skin diseases bad headaches and for small kids this is life threatening. Even in Western province you have special law to prevent these illegal garages operating in residential areas. Less than 40 perches without 30 feet wide road, sound proof safe zone garages can not operate. Magistrate never ever allow without CEA and Urban Council and PHI approval to operate these lawlessness people to garages. These most of the garages are center of crimes.

  • 4
    1

    This is indeed a fine speech. But in the context of what just happened at an election fine speeches are becoming rarer as the entrenched dictatorship roles on with the willing approval of the middle class who refuse to see and don’t vote. It has been observed that the turnout was even lower than the official numbers which were given a quick boost towards the end of the day. This boost was so large that the numbers of people required to account for this figure was someone voting every 20 seconds. How did this happen? It happens when idiots sit at home sulking while their voes are then quickly stuffed into the boxes wink wink. The hapless GOV officers are no match to the thugs running the show. So to you idiots of the middle class I say to you serve you right you got what you deserved. The judiciary can also go to hell while you are at it. Upstanding judges will go extinct and so will the lawyers because nothing functions as it should thanks to you lot.

  • 4
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    For a start, the BASL must start talking to the heads of all the composite parties in the PA with a view to changing this situation. Whether it influences a change in the government or not does not matter. Just do it. Then go before the heads of each major opposition party, religious organization, media institution, and finally, to the accredited ambassadors of China, Russia, India, US and EU in that order. Finally, when the government makes retaliatory responses, go for mass demonstrations with the citizens of this country with whom rests the ultimate sovereignty.

    • 3
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      Wishful thinking. Lawyers never go to places to explain. They wait for people to come them and explain things to Judges on behalf of the people. Lawyers try to explain things to people only when they contest at country’s elections.

    • 1
      0

      Wickramasiri,

      Yes Wickramasri. I have to agree with you.Hope Mr.Upul Jayasuriya will read your comment.

      BASL should have a game plan and then execute it. That is the way to win your rights in a Democracy. Follow the examples of Bar Association of Pakistan.

      Second Bar association should build a fund, a reserve account, or an Insurance Policy to meet expenses of the victims who are been wrongly prosecuted by Rajapakse government.Ideal examples are CJ Shirani Bandaranayake and Justice Sri Skandaraja. Today both families are left without a Bread winner, and Bar Association should look after these heroic people until they get justice. Also BASL could request from Foreign donors.

      We know that one day Rajapakses will be prosecuted for wrongful dismissals, and the victims will be fully compansated. But until then BASL should take care of the victims and their families, so that others will have a strength to stand upto tyranny without having fear of loosing their supper.

      Hoping to see BASL taking more active role in finding Justice to all Citizens especially for Minority, weak and helpless victims.

      Rajapakses Draconian Fake Terror Emergency Laws should be aboished.

      First they came for my neighbour and I stayed silent……….BASL.

  • 3
    0

    Judges should not be placed in a position to defend themselves, unless they have gravely erred to hurt their office. This is why we have to keep the judiciary on a pedestal and treat the superior courts as the Temples of justice- to be worshipped and not trampled. We have done the opposite over decades and reduced our judiciary at all levels to a pitiable state and a mere shadow of what they were once. This government has completed the task. That was begun a long time back with shameless abandon. I will rank this the main sin committed by the government. A vital institution has been been gutted completely, A grave crime against the peoples of this country now and for generations to come.

    Dr.Rajasingham Narendran

  • 3
    0

    Action and direction are needed from the BASL and not mere words at
    given Functions times apart. The Sinhala intelligentsia is frightened
    of white-vans and the Country is therefore sliding downwards. Even this
    category in the West are frightened to talk for fear of visits from MoD
    Officials to their connected people here!

  • 2
    0

    dear readers please check out my comment post on the article of BBS -we did not sign any agreement with Myanmar Buddhist Bin laden- The two faced liar ,,exposed in his interview with daily Mirror today

  • 4
    0

    If the members of BASL are so disgruntled with the Justice System in Sri Lanka, why won’t the members stay away from the courts for one week as a protest?

  • 2
    1

    With the Minority parties winning the PC elections and the UNHRC won the Resolution on Minority rights, they both have sent a RED LINE WARNING TO RAJAPAKSE GOVERNMENT.

    Therefore it is time for BASL to wake up from slumber and start defending the Helpless, Powerless and Voiceless people.

    Also Bar association should start a seperate fund or a special Insurance coverage to meet economic needs of Judges and their families like CJ Shirani Bandaranayake and Justice Sri Skandaraja who had to sacrifice their carriers for standing up against Rajapakse Tyranny.

    This fund will be an additional strength for them to face fearlessly against tyranny and injustice.

    BASL wake up now and prove that you are standing up for justice.
    Take examples from Ms.Nawaneetham Pillai, Nelson Mandela, PM Tony Blair,
    Gen.Sarath Fonseka, Pakistan and your own Lord Buddha.

    DO NOT BE SCARED OF COWARDS AND SCARE CROWS.THEIR DAYS ARE NUMBERED.

    OFFENSE AND UNITY IS THE KEY TO PROTECT THE COUNTRY AGAINST TYRANNY.

    KEEP ALL RAJAPAKSE ATTROCITIES ON RECORD FOR FUTURE REFERENCE.

    KEEP UP YOUR GOOD WORK AND LET THEM BE HERD TO MASSES.

  • 1
    1

    Quote: “But Judges Who Can Not Speak For Themselves: President BASL”

    Will this standards apply to Lady Pillay when she comes to Judge?? As seen she too has been afflicted with a similar problem.
    Speaking the truth is seen as a problem.

    Nobody speaks of the Constitution the JR Govt introduced and its effects to the BASL.
    Applaud the speech of BASL President but time and time again to collect Brownie Points sans a real course of action.
    Forum is divided on political lines, the diasspora pulling from another direction and nobody is going anywhere with the Rajapakshes Cart.

  • 1
    0

    BASL should work to reduce Noice pollution of all types, specially between 9.00 PM and 6.00 AM.

    Constant loud speaker noice from both Muslim churches and Buddhist temples, various processions with drums and horns, loud music from record bars etc, makes ones day and night a horrible nightmare.

    This is apart from the Mosquitos and high temperature.

    When will Sri Lanka Learn from the West….

    BASL President Mr.Upul Jayasuriy. Over to you Sir.

  • 0
    0

    Now Sri Lankan lawyers are taking as last resort of putting medical leave to post pone cases. Such lawyers licence must be cancelled. I faced many times this problem. Such unprofessional lawyers must be booked and de-list from the register. Good example is Kesbwea and Panadura courts. Even judges are supporting for these types of lawyers. They come and collect money from clients and vanish without coming to chamber.

    • 0
      0

      Yes such lawyers licence must be cancelled and expelled from register. You can not come around 200 meters from courts if you are on leave. But some come and collect money from clients and vanish without coming to bar. Have a inquiry on Kesbewa and Panadura courts. CJ act on this quickly.

      • 0
        0

        These are simple. Any court decision can get for money. Homagama main magistrate’s case.

        • 0
          0

          Judge Munidasa Nanyakkara’s all court decisions are priced in Undurugoda temple in Kesbwea.

  • 0
    0

    First he changed the Constitution to control all organs of the government including the Judiciary but I kept silence because I was directly affected.

    Then he came to the Chief Justice and forcibly removed her, still ignored, because I was directly affected although the independence of the Judiciary was blatantly violated

    Then, with no respect to the people’s judicial power he completely undermined the Judiciary by uappointing stooges to the Court of Appeal and the Supreme Court from the public service (attorney general’s department) that does all dirty work for the regime, still I kept silence because I was not affected

    Now he is targeting me but now it is too late because in the profession have compromised their integrity and become subservient to him

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