5 July, 2022

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People Have Lost Faith In The Judiciary Sans Its Credibility

By Savika Manawadu –

Ministers G L Peiris and Mahinda Samarasinghe state that the government of Sri Lanka has no faith in the inquiry into human rights abuses undertaken by the UNHRC. They claim that Sri Lanka has an independent, robust justice system to inquire into any such allegations and any international inquiry into human rights abuses in Sri Lanka lacks credibility.

Mahinda, Mohan and BasilGiven the total control of the Judiciary under the grip of the Executive President, it is quite natural that the same question arises in the minds of the right thinking people of Sri Lanka, particularly those who respect their social obligations.

People know that the Chief Justice, Dr Shirani Bandaranayake lost the ‘pleasure of the Executive President’ for refusing to approve certain bills presented by the government (the Divineguma bill, giving the control of Public Finance to Minister Basil Rajapaksa and the amendment to the Criminal Procedure Code, that permitted unfettered power to the police to keep a suspect taken into custody for 48 hours).

People know that the CJ’s firm stand as the head of the Judiciary to uphold the peoples’ judicial power, and her refusal to undermine the Judiciary by giving into the President’s demand to meet him at the President’s Office, cost her the office of the Chief Justice. Her removal from office was blatantly unlawful and it was reaffirmed by two judgments delivered by both the Supreme Court and Court of Appeal, which ruled that the removal of the CJ and the process followed by the government to remove the CJ, was manifestly unlawful.

Further to the unlawful removal of the Chief Justice, a person with a dubious character, Mohan Pieris, was appointed to the office of the CJ. It is a pity that the whole nation now faces the ignominy of this appointment, as it is now being challenged before the UNHCR.

Further to the appointment to the office of the Chief Justice, Mohan Pieris, absolutely subservient to the Executive, declared in public that the Rule of Law and Good Governance are just nice words, not seen in practice any where in the world. He further stated that whatever good work the government does the international community cannot be made happy about the human rights records of Sri Lanka. This deplorable statement made as the Chief Justice and the statement made about the separation of power, which Mohan Pieris declared only an impracticable norm, clearly demonstrate the total departure of the current regime of its obligation to uphold Separation of Power, the Rule of Law and the Good Governance.

The appointment of public officers from the Attorney General’s Department to the Supreme Court, which is currently over crowded with those appointments, now directly functions under the Executive President (except two career judges – Rohini Marasinghe and Chandra Ekanayake) and has made things worse.

It is now learned that the vacancy created by the retirement of Justice Amaratunga is also to be filled by another stooge from the Attorney General’s Department, handpicked by the Executive President with scant respect or regard to the independence of the Judiciary, and prospects of the career judges who refuse to compromise their integrity.

In this backdrop it is quite natural that the people of Sri Lanka have completely lost their faith in the Supreme Court, because those who have appointed from the Attorney General’s Department continue to be subservient to the Executive President and have betrayed judicial power of the people that they exercised on trust. They have made their allegiance to the President obvious by joining the Presidential Secretariat as advisors after their retirement.

Thus, the people have every right to be concerned about the sad state of the judiciary in this country, that is readily prepared to betray the ‘judicial power of the people’ simply to satisfy the greed of one unruly individual, the Executive President. Yet, this government wants the international community to believe that Sri Lanka has a robust and absolutely independent Judiciary.

In the given climate, as the Judiciary has been totally belittled under the current regime, with no remedy available in the local justice system, any right thinking person would agree that the international community has every right to probe alleged human rights abuses taking place in Sri Lanka in an international tribunal that respects the basic norms of justice.

The current regime must accept total responsibility for lawlessness and take corrective measures to restore the pride of the judiciary, permitting it to discharge its role as the watchdog of the people against any individual, including those who hold high profile public office, on trust.

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Latest comments

  • 7
    3

    Thank You Savika for encapsulating the obvious. Men and women in the wider world outside this devious coterie wonder at how so few can continue to trample on the erudite and the decent of this land. But, hey, this IS the miracle of Asia and anything is possible given the extraordinary powers of our great and respected leader. Irreverent foreigners with who we must do business are beginning to laugh behind our backs but our President, the man with thickest of skins, carries on regardless. One hell of a bloody nightmare come true.

    • 1
      4

      Manawadu,

      “how so few can continue to trample on the erudite and the decent of this land. “

      unless you get together the same way you stood against the animal you created.
      The English do it beautifully without religion cast or creed.
      You never learnt anything from your former masters except churn filth for your misery and homeliness.

      People are on a slippery slope so only the people can delay the suffering.

      Now the animal has more heads- bestiality breed society gooo, Gooo`ta boo`ts.

      • 2
        1

        Only now the elite of Sri Lanka realize that justice and the Judiciary have lost Credibility.

        To people who believe in true justice it was obvious for many decades since independence.

        In 2011 England riots we all saw how the justice was dished out swiftly without fear or favor rounding up the culprits. That’s exemplary justice!

        Sri Lankan people have seen several anti-Tamil pogroms since 1956. Was justice done to the victims? Does anybody other than Tamils care?

        Even the present author, does he talk of the mass murders and injustice done to tens of thousands of innocent Tamils in Vani?

        People talk about justice in the narrowest sense, as the author does, ignoring glaring instances of injustice committed by the Sri Lankan state and its agents for nearly half a century.

        Mass murder of Sinhala youth in the seventies and eighthies go unnoticed. Mass graves in Matale and Mannar are brushed aside with ease.

        Even this article is selective in pointing out injustices. The whole thing is big hypocrizy of the elite writers.

      • 3
        1

        How can there be a Truth and Reconciliation Commission in Sri Lanka when the Judiciary has been hacked and gutted by the Rajapaksa regime and the Chief Justice is impeached and an imposter in her place?

    • 3
      1

      These Javanese Hambantota Rajapaksas have put Lanka back by 100 years (with 20 million people).

    • 2
      0

      Even if we see PVT channels are available in srilanka, many of them to be away from the truths most o fthe time – raise the question that NGO must hold opinion polls (of european kind) on groups of all varieties of people in the country.

      Believe or not, the masses would be unhappy with the manner Rajapakshe rule gets on with justice, people´s security and protection and the like areas.

      Who needs to react when Parliamentarians are treated with all abusive manner ?

      Answer: Minister of Justice and Defence

      None of these ministries reacted in last week´s incident.
      Instead, I myself heard on YOUTUBE videos posted by pvt channels that president shaping up as if nothing had happened. Can you guys imagine ?

      In the same time, he is on tours where he touch the heads and bodies of infants showing ” KIND AND FAITH” as no other leader would do.

      This man is a joke – his hypocracy will see its end soon – is our hope.

  • 2
    6

    S Manawadu states, “….. any right thinking person would agree that the international community has every right to probe alleged human rights abuses taking place in Sri Lanka in an international tribunal that respects the basic norms of justice.”
    No, Mr/Ms Manwadu. There are many right thinking people in the country who disagree with you that the international community has the right to probe alleged human rights abuses in Sri Lanka.
    For a start, there is no appointed body as international community, and you’ll be hard pressed to find ‘an international tribunal’ that respects the basic norms of justice.
    Sri Lankans are capable of conducting inquiries, if/when they are needed, without calling in ‘Johnies’ from overseas. Will you find ‘judges’ from a country/countries that do not violate any ‘basic norms of justice’? Name one such country please!
    If such inquiries are needed, the Sri Lankan people will speak at ‘election time’. They will send a message to the government.
    You may think you are smart but please do not regard yourself as the mouthpiece of Lankans.
    Please wait until the next round of national elections before you start pedalling your idea of an international tribunal.

    • 7
      2

      lal: You are quite right; there is no such thing as an ‘international community’ with a right to probe our affairs. That is why Sri Lanka should get out of the UN and the Commonwealth. We have no business in joining these organisations and then NOT abiding by their rulings. It is like being a member of a club with arya-Sinhala-suit dress code and then turning up in amude and complaining when they bar you. We can mind our own affairs and when the next election comes along I can guarantee you that we will get a President who will be Sinhala-Buddhist and defend the Sangha (including the goons in yellow robes who go about actively fucking-up their vows). This IS after all the miracle of Asia!

      • 1
        2

        Great kill you got buf falo/maroon meat by its horns.
        Lallu billu needs a bit of Siyambala now and then.

    • 5
      1

      lal, Your objections to interference by international actors is understandable but are we then accepting the current condition in the country? Are we accepting the dispensation of arbitrary justice that is reflected in the many actions of not only the Judiciary, but the Executive and the law enforcers as well? Are we to accept that many of us who criticize the lack of the rule of law, justice, fairness and equality are all wrong? Is it not a fact that people complain to international bodies because they cannot get justice locally? What then is your solution?

    • 8
      1

      No one denies that there are Sri Lankan judges capable of conducting impartial inquiries of all allegations of crimes committed by criminals including Rajapakse regime. But, under the current environment where all the powers are controlled by those criminals who are responsible for crimes committed in this country. It is well established fact that there were no credible investigation was allowed in the case of former Chief Justice, former military commander, the murder of former Sunday leader editor, the attacks on Muslim mosques by BBS and many more murders and disappearances of thousands of Sri Lankan citizens. You don’t do investigations or justice if and when needed and suits to your interest. The principle of justice is well above the barriers of race, language and religion. Elections in Sri Lanka is manipulated by racists and those who commit crimes.

    • 2
      1

      So many honest commenters have wasted their time responding to this so-called Lal. Didn’t they realize that he is Jaraprick’s ckskg pandankaraya singing for his buriyani parcel and bottle of arrack?

      Savika, you warmed my heart with your brave words – I wish I were as brave as you and was able to comment under my own name. That’s my shame. One day, one day perhaps, God willing.

      • 0
        0

        Navin,
        ‘Jaraprick’s ckskg’ Couldnt have said it better.
        Can you imagine how jarawa this bugger must be?
        Next time instead of ‘pandamkaraya’ you could garnish with the word ‘Kunt’.
        Is this country full of ‘Rodi’?
        Every low class I see is a Jaraprick supporter.

    • 1
      0

      Lal,
      until shortly, I also thought that foreign invasions in terms of independent investigation of human rights violations. BUt since I watched that the way they the Rajapakshe goons attacked UNP MPs lately, even my 90 year old grranny would not disagree with me that we have to fight again the man in power.
      There is no other option than drive these Rajapakshe away from our sights. They are a harm for the human devleopment of the nation. Man to add totally opposite views in terms of those attacks, watching them properly o n TV screens, as the minister of defence of the nation, is absolutely far from all democractic values. Be they are opposition or ruling parliamentarians, they should give them security. They are hurt in that way, tomororw, we the general public, but leader of the nation would always protect the culprits since he is greeday at votes… votes have been his fodder to this day.

  • 4
    1

    Savika Manawadu –

    “Ministers G L Peiris and Mahinda Samarasinghe state that the government of Sri Lanka has no faith in the inquiry into human rights abuses undertaken by the UNHRC. They claim that Sri Lanka has an independent, robust justice system to inquire into any such allegations and any international inquiry into human rights abuses in Sri Lanka lacks credibility.”

    How to lie, learned from Monk Mahanama from 5th Century.

    Yes, the Buddha Flew to the top of the mountain and laid is footstep.

    Yes, there is no discrimination in Sri Lanka, the Land of the Paras, taken away from the Native Veddah.

    We lie, you listen,,,

    That Is OUR Sinhala Buddhist Monk Mahanama culture.

    • 2
      0

      Your only aim is clearly seen to attack Rev. Mahanama Thero.

      Well, he was the one who drafted Mahawamsa, but my question you could not respond yet adequately, why is that those who have been existent since then, i mean the numbers of senior professionals in srilanken Buddhism have failed to bring and updated versions to the Mahanama´s script ? There I have the feeling that lanken buddhist professionals have done nothing in that regard. Today, they should have more than enough source materials than had been the days to point of time of Mahanama – if at all made genuine efforts to bring one.

      As Dissertations in buddhist literiture they could have done so, but not to have fulfilled as it is necessary, I find a greater failure.

  • 4
    0

    News is saying this month alone 11 Supreme court judges are retiring. Is this a co-incident or some dissatisfaction within the judges and?

    • 2
      0

      This is great news for our triple blessed miracle nation. Fantastic chance to stack some Hambantota monkeys on the Bench.

      • 0
        0

        Who are these judges?All attorneys.Who are these
        Attorneys?Working with the police gloves in hands!
        It has become a fashion to do law to become a
        politician.JRJ,Gamini,Ranil,MR,Namal,Hirunika,
        Dayasiri,Dilan,Nimal,Rauf,Must appa and the list
        grows on and on.And if you take many high ranking
        police guys,they all do law to get promotion but
        never apply it to eradicate or at least reduce
        crime rate.Politics lawyers,police lawyers,justice
        lawyers,more lawyers out there,but there’s
        lawlessness because of all these lawyers work in
        coalition,hand in hand and nepotism and anarchy
        are tight knitted garments protecting them.

    • 0
      0

      For fear of being drawn into an Inquiry/Commission against their liberty
      makes them to move out in good time I guess.

  • 1
    0

    .
    Srilanka is the only nation in the world with full freedom and democracy….

    Is there any other country which will allow it’s Justice Minister to complain to UNHCR about it’s own human rights violations?

    :-)

    • 3
      0

      why not its just the miracle of asia doing nana thoppi perutu for muslim passa.

      Its another LLRC style stunt to capture UN inquiry for sovereign self

  • 2
    0

    A well timed article. We saw the Chief Justice and his wife at President Mahinda Rajapakse’s new year celebrations at Carlton in Tangalle.I believe that the Chief Justice is a Christian and may not be that familiar with Sinhalese new year traditions. But as the head of the judiciary should he be offering Bulath to the President who after all is only a politician.In many cases before the Supreme Court the President and his political gang are interested parties.But “Justice”Mohan Pieris does not understand this. Will he ? After all his own wife is still practicing in the courts as a lawyer and many judges who want promotions and favours from the Boss favour her. Any client can see Mrs Pieris at the residence of our Chief Justice. The whole drama is a big joke .

    • 2
      0

      Tell me what is not a joke under the administraton of MR ?

      IC could easily make joke looking at the manner how MR handle any issue.

      Should he be the person to go merry go round to open every toilet or any other newly build phsycial constructions regardless lof the amount of fund being abused for his trnasport, security etc. If the bugger would be away from them, he feels, he would not get more votes.. that is the reason why him to be entwined with even tiny constructions for some schools… why cant education minister or any others be given teh authority to do so ? THere he could save collossal amounts of funds. president should have something better to do than going to people in the way he has been used to.

      Per day he needs nearly 23 million rupees, so can you imagine what wastage his has been subjected to?

      • 1
        0

        agree with you.

        But very same people to continue voting his party- is not understandble to me or anyone with sanity.

  • 3
    0

    The truth is that Judges in this country are clearly belittled by the regime.

    Justice Sriskandaraja (President, Court of appeal) was persecuted for quashing the unlawful decision by the PSC removing the CJ. Many times He was denied his right to be appointed to the Supreme Court and stooges selected by the Executive President from the AG”s Department was appointed to the SC over him.

    This is the five star democracy we have which GLP says has a totally independent and impartial Judiciary.

  • 2
    0

    Vacancies created by the retirement of Justice Amaratunga and Sri Skandarajah was not filled for a valid reason, according to the President’s Office.

    The president has decided to appoint another officer from the AG’s (Shavindra Fernando, DSG) to the Judiciary. However the Appointment was delayed because it was undecided whether to appoint him as the President of the Court of Appeal (which gives the President absolute control over both the Supreme Court and the Court of Appeal) or to the Supreme Court.

    Truth is that the Judges in the Court of Appeal is clearly dissatisfied but they cannot talk for themselves.

  • 0
    0

    Justice Sisira de Arbrew was appointed only as a’acting president of the Court of Appeal. Till the final decision is made whether appoint Shavindra Fernando as the Head of the Court of Appeal or the Supreme Court.

  • 2
    0

    God bless the Five Star Democracy Sri Lanka.

  • 4
    1

    Open advertisement to fill vacancies in the Judiciary in Sri Lanka

    Applications are invited to fill the vacancies in the Superior Courts in Sri Lanka from the candidates who can demonstrate the following essential characteristics

    1. Total allegiance to the Executive President

    2. Commitment to leave no room for any application (writ or Fundamental right) that would expose the lawlessness in the Country.

    3. Total Commitment to refuse to give effect to any decision conveyed to the Govt of Sri Lanka by any International body (concerning the application of violation of the fundamental rights of the citizens that had been refused by the Supreme Court and challenged before the UNHCR that would bring the Govt to disrepute.

    Preferential treatment would be given to the Govt Lawyers over the Career Judges and on retirement from the Judiciary a position as an Advisor to the Executive President also guaranteed to the successful candidates.

  • 3
    1

    Lal whose comment appears above must be one who firmly believes in democracy. Thats why he wants us to wait for the next elections to see how much the people love the current rulers.
    It is a pity he does not seem to know how elections are conducted in Sri Lanka. With the Commissioner of Elections and the judiciary in their pockets, and the military quite happy with the privileges they enjoy, what cant the present rulers do. They will certainly be back in power after the elections. Only a revolution of the kind France saw during the time of King Louis XVI can topple them. I hope there will be enough guillotines in the country then.

  • 2
    1

    I wish to add one more qualification to become a Judge in the Supreme Court of Sri Lanka.

    * total obedience to the Executive President and comply with any direction given by the President to see him as and when required to do so by the President and to give effect to the directives given by the President.

    (Justice Bandaranayaka was forced to pay a heavy price for refusing President’s command to see him to ‘discuss’ ( certain decisions made by the SC that went against the Govt.)

  • 1
    1

    How come the very people who condemned the stooge Mohan Peiris’s appointment as the CJ, now appear before him in the a Supreme Court and Address him ‘Lord Chief Justice’.

    This only demonstrates that Craving for monetary considerations supersedes the observance of morality.

    God bless the ‘committed professionals upholding the rule of law’

  • 3
    1

    Very soon the kind of rule of law and the Sri Lankan justice will descend to that of the level obtaining in Pakistan where recently a nine month old baby was charged for murder. Most pathetic! Bensen

  • 4
    0

    I remember the 1964 Law Faculty First-in-Laws class where Dr Ranjan Amerasingha was the Constitutional Law lecturer. G.L.Peiris was in this class and wrote a tutorial on the subject of Separation of Powers concerning the executive, legislative, and judicial functions of the State. He waxed eloquent that separation of powers is a sine qua non for the preservation of democracy and more importantly human rights. He collected an A+ for this tutorial.

    What happened to you G.L? How did you turn out to be a shameless sycophant 40 years later?

    • 0
      0

      This example makes it very clear, only education cant make person a genuine politician OR a clean person.

      I raised the question again anda gain, I thought, it was until end of War, any politician would have reacted in favour of saving the country. But even after the war, to support a high criminal – not listening to own conscience is beyond all bearing.
      Many other Ministers do the same. It is like as if they have been tamed injecting them a kind of special chemical.

  • 3
    0

    The simple fact is that the checks and balances that maintain a democracy have been altered over the years so that all power is with the ruling party. I believe this started with Mrs B & JR.

  • 3
    0

    We all know GPL was a great lecturer in Law that is when he was in the Law Faculty. But today this man is reduced to nothing.

    This utterly selfish man, simply licking the boot of the President. He has completely lost his credibility and approve anything done by the President.

    Worst despicable thing this man does today is looking for the best henchmen who would be faithful to the President, to be appointed to the Supreme Court.

    • 3
      0

      This is what I asked myself not once several dozens of times.

      How would personalities like GLP ever get on with SOCIAL SCUM BAG of Rajapakshe kind ?

      If this man was a Professor for Mathematics, people would have made their minds – saying that he is not capable, but as one to have worked on Law as a Professor to go on nodding the head before a man – entire would consider as not second to Gadafi – is absolutely a greater puzzle.

  • 3
    0

    I Have a million dollar question.

    Who will be held accountable for the total betrayal of the People’s Judicial power by this spineless Supreme Court.

  • 4
    0

    I feel sorry for the Lady CJ.

    She paid a heavy price for the approval of the 18th amendment (permitting a monster Head of the State) that was challenged before the Supreme Court by the People.

    Although she was 1000 times better than the stooge Mohan Peiris, she became a victim of her making.

  • 0
    3

    I warn everybody who reticule the duly appointed Honourable Chief Justice, Mr Mohan Peiris.

    You all will pay a heavy price for ridiculing the CJ for no wrong done by him.

    • 3
      1

      You mean the unlawful Chief Justice, MORON Peiris??

  • 3
    1

    I thank those who raise their concerns about the state of the Judiciary in this country and I believe being responsible Senior Public Servants, we have duty to the people.

    Recently, the ST Jayasundara talked to Mohan Peiris over the phone (Secrataty to the Ministry of Labour Upali Wijeweera also was there amongst us). The ST said (giving references of a particular case that was pending before the SC) that CJ should ensure that no right application that disturb the govt business be allowed. We did not here what Mohan Peiris said.

    The following day the said FR application came up before Mohan Peiris and it was dismissed for no valid reason given to the Petitioner. This is the kind of independent robust judiciary we have in this country. Sorry for not disclosing my true name, for the reasons you all well understand.

  • 1
    0

    It does not matter there is an international community or international law that should govern us or not. But there should be law and order in the country, no one can deny it. Do we have law and order in the country? Just yesterday a group of BBS priests walked into a ministry and went through every room. Last week Gonsara Thero of BBS raise his hand to hit in public another Buddhist Priest. Who gave them authority, or should I ask what authority they have to do such a search or threat? Any priest can visit any ministry who can question it? What law and order are we following in this country, Buddhist Law, Islamic Law, Thesavalamai, Roman Dutch Law… which law are we to follow? Definitely not the thuggery that is carried out by drug dealers, politicians, ministry officials especially those who are related to the President, JHU, BBS etc etc…. We are one of the literate communities in this world, why are we allowing such stupidity and thuggery to prevail in our society. If the BBS priest can take the law and order into their hand, can every civilian also can do the same? Should they?

  • 0
    2

    We stand behind our Chief Justice Hon Mohan Peiris.

    We don’t want a Supreme Court that hinder the development efforts of the government in the name of Justice.

  • 0
    2

    We recognise common sense approach over the law.

    How come the law enforcer police can restore law and order if the Court intervene and punish it, in the name of protecting human rights. At times things may go wrong, but that does not mean that the Supreme Court should punish the Police.

    That is why we respect our CJ Hon Chief Justice, Mohan Peiris, who apply commence sense approach.

  • 0
    4

    No one can argue that CJ’s appointment unlawful.

    Although at the time of his appointment the lady CJ was there, and the Supreme Court held that the removal of the CJ Bandaranayaka by Parliament was unlawful, now the Court has made the appointment legal with the previous order made by the Court overruled.

    Those who grumble about this duly made appointment should understand that the new law supersedes old law.

  • 0
    2

    We don’t want Govt to let this rubbish to come to the public domain.

    What the govt does by banning these rouge media institutions is clearly in the public good.

  • 0
    1

    ” Given the total control of the Judiciary under the grip of the Executive President “

    This is patently untrue. He does nominate the Chief Justice, picked usually from amongst the highest Judicial officers. In tne US the President picks the Chief Justice and also the other eight Justices to the Supreme Court as and when vacancies arise. Quite often questions arise as to their suitability, but in the end the decisions have to be accepted.

    As I recall one of these Justices had the privilege of collecting a chest full of buckshot courtesy of Dick Cheney.

  • 0
    1

    Rajapakse regime is a regime of terror. They extent their tentacles through terror outfits like Pothu Pala Sena, Rawana Palaya, etc.

    Rajapakse regime has now over took the atrocities committed by Al Qaeda, Talibans, Pol Pots, Mussolinis, etc. and making Sri Lanka – the wonder of Asia.

  • 0
    1

    There is an immediate need to clean up the supreme court of all the stooges that have been appointed to it. If the day comes (we hope) that the thugs are defeated, the incoming administration needs a mechanism to do this without setting a bad precedent. Failure to do so will be disastrous. This must be followed with the abolishing of the Executive presidency and the 18th amendment. A long term plan which prevents the kind of historical abuses committed in the past can then be worked out. Just railing at past abuses to justify the far worse current mess is being quite disingenuous.

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