27 October, 2020

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People’s Sovereignty Betrayed; People Should Rise Up Against Corrupt Rule

By Nagananda Kodituwakku

Nagananda Kodituwakku

Nagananda Kodituwakku

One may agree that only on paper Sri Lanka is a representative democracy, which recognizes the constitutional supremacy and the sovereignty in the people. The sovereignty of the people is the foundation of democracy as expressed in the Constitution. The supreme law, the Constitution, protects people’s sovereignty and states that the sovereignty in the people cannot be denied or taken away unless people themselves give a mandate relinquishing their own democratic rights.

The truth of this claim depends on the plausibility of attributing sovereignty to “the people” in the first place, and I am skeptic about this possibility.

‘Sovereignty in the people’, what does it mean?

It means the powers of government; Legislative power, Executive power, Judicial power and it also includes the franchise that people themselves exercise, and the people’s fundamental rights cherished in the Constitution. It is the people’s sovereign power that all organs of the government exercise on a social contract entered into purely on trust. Once that trust is violated representative democracy fails.

When a government fails to respect people’s protected rights it invites the world community to interfere

If governments abuse the trust placed in them by the people, citizens become helpless with no hope for remedial action. This sometimes leaves room for outside interference as in the case of several countries including Sri Lanka. The international community can then penetrate Nation-State’s borders to protect the rights and freedom of deceived and betrayed citizens by the very organs that exercise their sovereign power. The UN Resolution adopted by the Human Rights Council on 01st Oct 2015 on Sri Lanka is one such instance, where the International Community rightly considered that the sovereignty in the people of Sri Lanka has been betrayed. It should be remembered that the government of Sri Lanka itself co-sponsored the said resolution proposed by the USA.

What if the people rise up against corruption committed by the Government?

In most functioning democracies, particularly in the developed nations, the citizens have a better understanding of their democratic rights and there is a system in place for checks and balances within the organs of governance. In such a setting people can effectively ensure that no corrupt politician who abuses his authority is spared and dealt with strictly according to the rule of law by the justice system that makes sense. This makes those holding public office accountable to people and prevents them from abusing their office to favor themselves or others.

Parliament can claim no supremacy over the Judiciary

The preamble to the Republican Constitution clearly provides that only the people enjoy supreme power over all organs of the government. The Constitution also recognizes that the Parliament is the supreme law making body while the Judiciary remains independent of the influence of the other organs. The supreme law in very clear terms recognise the bounden duty of the legislature to work towards the realization of the people’s desire of truly democratic nation with an independent and impartial Judiciary is established by law, as the custodian of all rights of the citizens recognized by the Constitution.

There shall be proper criteria for the respective organs in the governance

In a representative democracy only the people are supreme and all organs of the government shall function independently without interfering into affairs of each other and should respect the doctrine of separation powers. This is to ensure smooth functioning of the concept of representative democracy. Here, huge burden is vested in the Judiciary that exercises people’s judicial power to protect, vindicate and enforce people’s rights whenever other organs violate their constitutional obligations to the people. For this, those who hold office in the Judiciary have taken a constitutional oath pledging the people to uphold their constitutional obligations and to perform their respective offices with due respect and regard to the Constitution and the law.

Sacred duty vested in the Judiciary in any democracy

In any vibrant democracy, the judiciary is vested with a very important responsibility to act as a fearless watchdog, absolutely loyal to its masters, the people. An independent and honorable judiciary is indispensable to ensure dispense of justice. People expect the Judges to maintain high standards of conduct, so that the integrity and independence of the judiciary shall be preserved without being subservient to the executive or the legislature.

However, particularly since independence, it is sad but true that the Judiciary in Sri Lanka, many times for many reasons, has failed to realize the expectations of the people and to defend and protect their rights that are been ruthlessly abused by the other two organs. Apparently this sad situation has made the people of Sri Lanka to seek the United Nations intervention, to restore their rights through a vibrant judiciary with an accountability process in place to hold all judges responsible to their actions.

British colonial rule observed the principle of normative supremacy

There are lessons to be learnt from the justice system prevailed under the British Rule. One of the best examples is the judgment given in the Bracegirdle case in 1936 against the unlawful executive action taken by the then British Governor Reginald Stub against Bracegirdle, a planter.

In 1936 Bracegirdle, with human mindset arrived here and witnessed the way the plantation workers were abused and exploited by the British controlled tea and rubber plantation industry. Then he openly joined hands with NM, Colvin and Phillip of the Leftist Moment, demanding fair treatment for the plantation workers. By doing so he naturally became a real threat to the British colonial administration and was reported to the Governor. The Governor Stub ordered his immediate arrest and deportation, which was then challenged before the Supreme Court headed by the Chief Justice, Sydney Abraham by the eminent lawyer H V Perera. The court simply held against the governor and quashed the arrest and deportation order made against Bracegirdle.

Gross undermining of judiciary after independence

It is depressing that from the independence onwards the dishonest local politician rulers always considered that installing of an independent judiciary would be a threat to their survival. Thus several attempts have been made by the executive from time to time to make the judiciary more pliable to the wishes of the executive.

For example President JR Jayewardene’s mistreatment of the Judiciary is well documented by the International Commission of Justice in its report titled “Sri Lanka: a mounting Tragedy of Errors by Paul Sieghart which states as follows.

“… The President freely conceded that he had personally ordered the promotion of the police officers and payment out of the public funds of the damage and costs. This he said had been necessary to maintain police morale at a time when he found the Supreme Court a hindrance to some of his policies. The conclusion is inescapable that he was deliberately seeking to teach the Judges a lesson in order to make them more pliable to the Executives wishes. If that is so, these were grossly improper acts; but for the immunity from all suits which the President enjoys under Article 35(1) of the Constitution, they might well have been criminal offences…”

The other regimes, which followed J R Jayewardene, too made similar executive and administrative inroads towards judiciary further undermining the independence and the integrity of the justice system.

One of the most notable and direct interference with the independence of the judiciary was witnessed during the CBK regime when she denied the then most senior judge in the Supreme Court Justice Mark Fernando, his legitimate right to the office of the Chief Justice by paving way for Sarath N Silva, a judge in the Court of Appeal to leapfrog to the coveted position.

Mahinda Rajapaksa regime followed suit and punished Chief Justice Shirani Bandaranayake and replaced her with the appointment of Mohan Pieris, a legal advisor to the Cabinet of Ministers, who had been a respondent in a revenue fraud cause filed against him before the Supreme Court at the time of his appointment.

The 17th amendment restores some pride and independence in the Judiciary in the post independence era

The 17th amendment made to the Constitution in October 2001 was a step in the right direction. For the first time Constitutional Council consisting ten members was introduced with three MPs elected by the people retaining some degree of control and influence on judicial appointments. And with this arrangement the power enjoyed by the Executive President to appoint judges to the Supreme Court and the Court of Appeal was removed and judges to the Superior Court system were to be appointed only with the recommendation of the Constitutional Council.

But President Rajapaksa wanted more pliable judiciary

However, Mahinda Rajapaksa who was elected to the office of the Executive President in 2005 was not in favour of the 17th Amendment that denied him any room to meddle with the judiciary as Constitutional Council checkmated the process. Therefore, he was determine to get rid of the Constitutional Council that would hinder his desire of having his own people in the judiciary by abusing the enormous executive power vested in the Executive President under the 1978 Republican Constitution.

Rajapaksa destroyed the independence of the judiciary

When he was contesting for the office of the Executive President for a second time, in his Election manifesto (2010) Mahinda Rajapaksa pledged to be accountable to the people and to eliminate corruption and declared as follows.

I will address this social decline and establish high values and ethics by eliminating fraud, corruption and malpractices, which have engulfed our society for a long time, and will take whatever measures necessary to eradicate criminal activities” (ref: pg 56 of Rajapaksa election manifesto).

However, what he did after his election on 27 January 2010 was completely the opposite. With the enactment of the 18th Amendment in September 2010, the Constitutional Council was abolished and the independence of the Judiciary was completely reversed. President Mahinda Rajapaksa held a firm grip and made all appointments to the Superior Court system purely according to his whims and fancies. As mentioned earlier his most loyal and subservient man Mohan Peiris was appointed to the office of the Chief Justice after the removal of Chief Justice Shirani Bandranayake by unlawful means. Further, he brought the Attorney General’s department under his purview.

Some People believe that affording Mercedes Benz cars to the judges in the superior court system would help to establish a pro-active judiciary, but the truth is that it was merely a ploy employed by Mohan Pieris to make the judges more flexible to the executive. The executive used various tactics including appointments of retired Judges to high profile public office just to protect the dishonest in the legislature and the executive with an invincible blanket cover introduced against any threats coming from the citizen groups who fought for Justice.

Constitutional Council reintroduced by the 19th amendment was a farce

The people thought after Rajapaksa was dumped independence of the Judiciary and the rule of law would be re-established as promised by Maithripala Sirisena administration with some measures taken through the 19th amendment.

Surely the people with bitter experience of the utterly corrupt Rajapakse administration yearned for restoring of judicial integrity with suitable people appointed to the offices in the superior court system through an absolutely transparent process. The expected the selection process to be based absolutely on merits and only through a properly constituted Constitutional Council with respected, learned people of high esteem appointed, denying corrupt politicians any place in it.

The Constitutional Council proposed by 19th Amendment Bill was exactly the same institution as was in the 17th Amendment. Yet, the ‘Yahapalanaya’ administration too has miserably failed to full fill peoples’ expectations.

Sirisena-Wickremesinghe administration failed to fulfil their pledges to people

The worst thing they did was the compromising of the integrity and independence of the judiciary. The ten-member Constitutional Council established through the 19th amendment has been diluted with 7 out of 10 members appointed from parliamentary MPs. Many of them are, ignorant and dishonest to the core. Form the people’s viewpoint, the fact remains that there was no need at all for a single MP to be appointed to the Constitutional Council.

Judicial independence can never be guaranteed when the legislature and executive decide to have a grip over the judiciary. Corrupt elements holding office in both the executive and the legislature are scared of independent, upright and fearless judiciary that would only be accountable to the people. As Lord Denning remonstrated, these corrupt elements want judges to remain impotent, incapable and sterile in the face of injustice.

Had Sri Lanka blessed with truly independent and impartial judiciary probably this country’s forward march would have been completely different from being a begging basket case.

When the people are gullible and ignorant of their democratic rights installing of a representative democracy is a big ask

Representative democracy would work only if the people have a reasonable understanding of their democratic rights embedded in the supreme law, the constitution. They should have at least a fair knowledge about the responsibility vested in those elected or appointed to various public offices, who exercise people’s immutable sovereign powers. It is the duty of the people to ensure the all three organs of the government discharge their duties vested in their respective offices with due care, respect and regard to the Constitution and the rule of law and that those who engage in any wrongdoings would be appropriately dealt with before an independent judiciary by the people.

Republican Constitution recognises the peoples’ sovereign power but only a myth

In the preamble to the Constitution it is enshrined that the elected representatives are to exercise people’s legislative power, humbly acknowledge their obligation to the people to preserve people’s rights assuring the people of their dignity, freedom, equality, justice, fundamental rights and the independence of the judiciary as an intangible heritage. And the supreme law sets out that in Sri Lanka’s sovereignty is in the people and that it is absolute right which includes power of government, fundamental rights and franchise (Article 3 of the Constitution).

In Sri Lanka judicial independence has been denied

Powers vested in the people and their rights protected in the Constitution become a mere nullity and a farce without an independent and vibrant judiciary committed to uphold people’s judicial power. When the Judiciary is scared of the executive of the legislature it cannot perform its constitutional obligations with due respect to the Constitution and the rule of law. In this context people can charge that there is no independent judiciary as people are denied the rule of law and good governance.

This is why number of persons who held the office of the Chief Justice, including the incumbent chief justice who ruled that the abuse of people’s immutable sovereign right of franchise to appoint those who were rejected by the people though the national list was not a matter of National Importance is now charged for judicial corruption before the Supreme Court with three other former Chief Justices for judicial corruption for alleged abuse of office to confer benefit either themselves or others.

Under the circumstances, it is the people who should come out of hibernation and campaign to restore their democratic rights that can only achieved through a property constituted Constitutional Council, denying any room for politico cheats in it, that can only achieve if the government truly committed to respect and regard the doctrine of separation of powers, allowing no one holding office in the legislature and the executive to meddle with the constitution of the Constitution Council.

Prime Minister Ranil Wickremesinghe’s request to speaker to overrule a Supreme Court judgement is not above board

On the 07th July 2016, the Prime Minister, Wickeremesinghe making a statement in the parliament requested a ruling from the speaker on the constitutionality of the Supreme Court Judgment (SC/SPL/LA/182/99) – popularly known as the Singarasa case – decided more than a decade ago (15th Dec 2006), effectively to overrule the judgment made by the Supreme Court.

The following extract from the Hansard dated 07 July 2016 elaborates the speech made by the Prime Minister Ranil Wickremesinghe. It amounts to clear interference and undermining of the independence and integrity of the judiciary and an insult to the Peoples’ Judicial power itself.

‘… The judicial power of the people is not exercised by the Supreme Court, but by Parliament through the Courts and directly by Parliament…’

‘… The Court does not even have to exercise the judicial power of the people. The Parliament has it and the Court does it on its behalf…’

‘… The powers of Parliament cannot be taken away by the Supreme Court as and when they like it…’

‘…The pronouncement of the Supreme Court in what has popularly come to be known as the “Singarasa case” that accession to the Optional Protocol of the ICCPR needs a two-thirds majority of Parliament and also approval at a Referendum is nothing but a perverted interpretation of the Constitution…’

It is a judicial coup against Parliament and the sovereignty of the people.

I am happy that the Hon. Member agreed with me that the jurisdiction for this rests with the Parliament and not with the Supreme Court. So, all I am trying to do is to take away the Supreme Court acting as a dictator and to bring it into Parliament.

Instead of confining itself to the matters before it, the Court has meandered into a totally irrelevant area and made pronouncements on the Constitutional competence of the President to accede to the Optional Protocol. This, I believe, is something that should be left to the Hon. Speaker of Parliament in this instance. I would ask the Hon. Speaker, after necessary consultation, to give his

Ruling on this matter raised by the Hon. Member and the Statement made by me.

‘… The powers of Parliament cannot be taken away by the Supreme Court as and when they like it…’

Since the above statement clearly violates and ridicule the peoples’ judicial power, being the public litigation activist, I have challenged Prime Minister’s abuse of office and unbecoming conduct before the Supreme Court which is now pending before the Court.

Privilege afforded to MPs is not absolute but subject to constitutional supremacy

According to the Parliamentary Privilege Act, (which is an ordinary piece of legislature, which shall be construed subject to the constitutional supremacy), questioning of any parliamentary proceedings in the Court of law is prohibited by law (Section 3).

However, one should remember that the constitutional supremacy over all ordinary laws, including the Parliamentary Privilege Act, which in very unambiguous terms states that sovereignty of Sri Lanka is in the people and not with any particular organ like the parliament as claimed by the Prime Minister. Those who hold office in any organ of the government must understand that the supremacy is in the people and that no one organ has any supremacy over the other two, which is a mandatory prerequisite in any representative democracy for effective observance of the rule of law and good governance.

Parliamentary Standing Orders in very unambiguous terms say that conduct of the judge in the judiciary who engage in the administration of justice shall not be questioned in the parliament except upon a substantive (Impeachment) motion.

Any right thinking person would agree that the Prime Minister Wickremesinghe has clearly violated the standing orders and his conduct clearly amounts to obstruction of the administration of justice, which needs to be appropriately addressed by the Judiciary, whenever a member of the public makes a complaint on any such abuse to the Supreme Court, on behalf of the fellow citizens who hold all powers. Because under the Constitution, the duty is vested in the Supreme Court to protect, vindicate and enforce people’s sovereign rights, including fundamental rights, embedded in the Constitution, holding anyone who abuses office accountable.

Singarasa judgment is manifestly flawed

Not just the Singarasa judgment, there are many more such judgments made by Sarath N Silva then CJ, who openly pleaded the people three times for mercy on his abusing office to confer benefits to Mahinda Rajapaksa, the Politician. He, on his own volition conceded that he abused the office of the Chief Justice to confer a benefit to Mahinda Rajapaksa who was accused for defrauding a colossal amount of Tsunami funds. For his own voluntary admission of abuse of office of the Chief Justice now Sarath N Silva too face a charge of Judicial Corruption including the Mohan Peiris who pleaded the Prime Minister not to remove him from office of the Chief Justice, promising to pronounce judgments to please the Prime Minister and also to appoint judges the way the government wants.

The Singarasa Judgment given by Sarath N Silva CJ is manifestly flawed and there is no question about it, and similar errors are common occurrences and that is why one section of the society disagrees with death penalty because innocent people who do not committed wrong still found guilty and would be hanged due to human error, that is quite possible.

The role of the judiciary is to secure and advance the rights of the people recognized by the government (Article 4(d). The Constitution clearly states that the government (all organs) shall endeavor to foster and respect for international law and treaty obligations [Article 27 (15)]

As the Prime Minister correctly says Government of Sri Lanka has ratified the International Covenant on Civil and Political Rights popularly known as ICCPR in 1980 and the Optional Protocol in in 1997. And the application made to Supreme Court by Singarasa was to invoke the Supreme Court’s inherent power and jurisdiction to review its own order and not to enforce the ICCPR recommendations; therefore the ruling made by the Sarath N Silva, the CJ, is manifestly flawed.

However, the Parliament or the Speaker has no business over the people’s judicial power that is only being exercised by the Judiciary and parliament has no legal sanction to overrule the Singarasa judgment made by the Supreme Court (SC/SPL/LA/182/99) decided on 15th Dec 2006. The Government should have followed the due process and directed its Chief Legal Officer, the Attorney General, to make an application for revision to have the said judgment reviewed by the Supreme Court itself, without insulting the Supreme Court with arrogance that is grossly unbecoming of a person holding the office of the Prime Minister.

This is what the former Rajapaksa regime adopted in similar cases, however, with bad intentions in most cases. For instance, the judgment given by the Supreme Court (nullifying impeachment proceedings against the Chief Justice Shirani Bandaranayake) was later reviewed and overruled by a fuller bench of the Supreme Court headed by Mohan Pieris, the Rajapaksa henchman, usurping the powers of the office of the Chief Justice, that made the government to take steps according to the law to remove his name from list of the most eminent Supreme Court Judges, the probably the worst ignominy suffered by a person held the office of the Chief Justice.

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Latest comments

  • 18
    1

    Isn’t it part of the cultural make up to be corrupt and be self serving. “Apey kattiyata udaw keruwey naththnum kaatada?” This is the inherent system of feudal patronage that sees Kariella appointing 65 Advisors and so many other replications of MR rule. If they do not do this, give jobs in government sector, dish out favours they lose. It is the same everytime because half the nation is sub-educated and with Low IQs. Politics has crept into every realm including Academics. Rajapakse used to put pressure on Academic people to come to Temple Trees to watch Election Propaganda videos(very slick ones). These guys are only a little better. UNP rogues are in a doubly hurry to rob and make money and make commissions in case their regime does not last long. NO ONE there is incorruptible. It is the way life it. Same in nations like Indonesia. If you do not dish out favors to your party supporters you lose them at the next election. Even Ranil, Harsha and Eran will have to dish out jobs like Polonnaruwey Sirisena the Grama Sevaka who oddly enough is so honest he was able to send his son and dowghter to England to get an education. Daughter got a low digiri..

    • 8
      1

      I respect the writers thoughts about going rigorous any kind of courrption and abusive acts.
      But corruption and the like handlings are part and parcel of lanken culture. Be it a minor or major, it should be taught to the folks from the kindergarten days on. Have you guys, ever met anyone that have not stolen a half sheet, a bolt point pen or the like while performing their duties – no matter it belongs to the office, they are used to do so thinking that is fine for them. That is where the begining of abuses. Also this time, I lined up myself to passport control after the machine landing in the country- being the first control before collecting the baggages- there, i felt myself, the woman at the counter was not even well trained, and shouted all the notherners or the ones look as notherners or indians – ” join the other line – not in a polite tone though”. Like the passengers just arrived in as the wares… just wares. No manners at all. So how can we gear up th proecess of achieving more tourists to the country – then white national (German) standing next to me questioned, if there is at all a system in this country ? there, I paid him a smile and said – this is an another developing nation that struggle to learn better systems.

      Few thousands or prehaps roughly about 1 mio folks do enjoy social media today just adding their every tiny thought as if the idea is the common view – but most face it worse in the country meaning not being able to manage for the 3 meals. Those who enjoy social media may belong ot the mid income earning but not the entire folks. I dont think we are already a mid income earning nation. They the former rulers for their personal agendas made all kind of statistical failures to win loans and fill up their pockets while just introducing some projects – latter was the ablenkungsmanaeover – Redhering- grass eating majorities thought, Rajaakshes or anyone near to them do well to the people.
      Just having watched a video of a Monk who went amok in Madakalapuwa – I felt my god, why the monk was that abusive and using abusive langague to attack the powerful politicians – if not the man is an another hidden behind the robes – but an another thug by his birth. Not even police men were able to control him….. if this was the case in Germany or any other world where the law and order is to the letter – the man would have been arrested and tamed accordingly – no matter the service he is said tohave done to the lanken Buddha sasanaya.. he hs to respect the laws…
      https://www.youtube.com/watch?v=I7hF4gMQQFI
      https://www.youtube.com/watch?v=B2G7jVQe3Tc

      I simply believe the breeding of all various kind of uncultured men and women had definitely been increased during the last few years alone. No respect at all to the other. Elderly people though earn some respect but not as had been 70ties and 80ties. Life has been a struggle to anyone as no other times before.

    • 6
      2

      Nagananda K

      Are you KIDDING??

      People and Religion goes hand in hand in Ape Aanduwe don’t you think??
      They are ready to commit a Crime and ready to support Criminals in the name of Religion.
      The People have been made to surrender by the power of Religion by terrorising and instilling fear Psychosis in the minds of ordinary Village Sinhala Buddhists .

      The result : NO RISING AGAINST STATE CORRUPTION, AND STATE SPONSORED DEATHS DUE TO MURDER ect ,ect.

      THIS IS A CORRUPT COUNTRY FULL OF IDIOTS RULED BY IDIOTS.
      EDUCATED AND UNEDUCATED ALL ARE MORONS .
      SHEEPS FOLLOW SHEEPS !! Bah!! Baah ,!! Baaah!!!

      • 3
        3

        It’s easy to be opposing but it calls for clarity and understanding of foundation to govern. (the author has omitted the foundation because it’s part of him)

        It’s always easy to complain and get compensation in English country.

        Go check your morphine levels.

    • 3
      3

      Nagananda Kodituwakku

      RE: People’s Sovereignty Betrayed; People Should Rise Up Against Corrupt Rule

      “The truth of this claim depends on the plausibility of attributing sovereignty to “the people” in the first place, and I am skeptic about this possibility>”

      In reality, it is the sovereignty of the politicians and their cronies to fleece the people, alternately, they are voting for.

      The low IQ fools, mootals and modayas do not know good rule from bad and corrupt rule. Even if they know, they know, they are voting for either Raigamaya or Gampolaya, two unsavory characters.

  • 8
    1

    “Since the above statement clearly violates and ridicule the peoples’ judicial power, being the public litigation activist, I have challenged Prime Minister’s abuse of office and unbecoming conduct before the Supreme Court which is now pending before the Court.”

    Well said, Nagananda – but what-for the telling, with our collection of stooges in place??!!!

    Ranil’s “logic” begs to be dissected and exposed for the fraudulent nonsense it is and hopefully the Supreme Court will act impartially and do so – wishful thinking though this may be!!!

  • 14
    1

    Hello Nagananda,

    It is not that our people are gullible or ignorant. It is our culture, the ‘wakutuweyang culture’. From birth we are brain bashed into worshipping any one and anything that has power. We fall on our knees and worship our parents even if our parents do not deserve such worship. We fall on our knees and worship the teacher no matter what they really are. We are made to worship all monks no matter whether they are genuine or simply rogues in saffron robes. No wonder we worship the powerful politicians no matter what incorrigible rogues they are. In a country like ours where we breed and nurture ‘wakutuweyang’ children the politicians are bound to have a field day. ‘Sovereignty of the people’, ‘independence of the judiciary’, ‘constitutional rights’, ‘accountability’ are all terminology and nothing but English language terminology that will always be subservient to the all pervading ‘wakutuweyang’ culture.

    • 5
      3

      BBS REP.
      You right said, no man should worship another human being, BUT GOD, if he believes in One. The foolish culture of the people have demean them wholesale and the crooks and hypocrites and the sycophants have took undue advantage of the innocent people of this country. It is time, the people shed all these foolish culture and rise up against the corrupt and sub-human who exploit the people of this country. The previous regime has created, honored,and compelled to worship master crooks who enriched themselves and trampled the rights of the people of this country.

    • 8
      1

      Yes, you are right.
      During my last stay inthe country, I questioned why the people travelling in public buses stay as if they are blind and deaf even if conductors and driver harass them – it is just they dont take it serious. I noticed, those conductors abuse the commuters as no other country in the region. Get into the bus and getting off is not an easy task at all for one who just visited country for couple of weeks.
      As you said above – our family circles did let me open a word against Rajakashes for one single reason – according to them MR regime has done lot in R and Development areas. No matters high profile frauds had been the reality, they just nodd their heads being joined to the wave. I simply buffed not being able to share my thougts.
      Lankens in general have the HIGHEST affinity to be caught by fools.

      Just walking up the road side and crossing the roads were not an easy task at all. They dont even respect zebra stripes- the manner they drive are beyond all norms. I will never be able to travel a car in the country even if I drive over 60 000 km by myself in Europe.
      If you visit the country each time is the same, you become speechless since you know things should run the other way around than the average down there are used to.
      Law and order systems have not yet been properly introduced to transport areas – it has been a mess really. I can though afford taxis but i love to use tuk tuk or public transport system whenever I visit the country. I usualy visit home country once a year sofar.

    • 4
      1

      BBS Rep,

      you have articulated my thoughts 100%.

      I myself stopped kneeling down to my father or anyone who does not deserve it -you are right… people are so used to follow the other… alone the saying ” Budusarnai” has become like guten tag – a good day or the like to them today – even if their CHETHANAs have been so cruel. Even most known cheaters/thugs who are used to do all high crimes are used to say Budusaranai… while being on their way to do the next crime.
      I will stop giving dana to Sangaya from next time on. I will never want to respect anyone just because they are elderly people – my father is not the person I knew him earlier. WIth him becoming older now in his late 80ties, has changed a lot in his person. Not a drop of tear was shed for my mother. Not only in youth but also in elderly people they all have lost dignity and respect of life over the years. This becomes contrast to us whenever we pay visits to the home country.

      Any civilized country in Europe – average thinkers and their knowledge in many areas are very high. In our country, even teachers still question as to why Rajapakshes are being investigated. For them, alone high way is a wonder… they dont read the news papers how some afro countries are doing today. How Kenays a highways work or etc.

      • 2
        2

        “….even teachers still question as to why Rajapakshes are being investigated. For them, alone high-way is a wonder…” Just imagine,
        one Political Family involved in alleged amassing Rs.1450 Million,
        the corrupt decade in SL History,as webbed in News:
        FCID updates – No.64/15 Basil R. Rs.396 Mil. In 3 Property purchases FCID No.17/15 Yoshita R in 8 Transaction totalling Rs. 707 Million,
        FCID 138/15 Namal R in 16 transactions totalling Rs. 347 Million,

        • 2
          0

          Please talk to some 50 yourself and get the view for you. Not just street people but almost teachers, and other men with proved alevels and degrees become nervous when talking against Rajaakshes…. Why – they only believe perceptions. Who make them perceptions – if not Media men. Like many believe even today, LE KIRIKARA bonna dunna kiyala.. but medicine and biology proves it mama glands produce milk for the infant. But myth is above the facts in the country. This is just one example only.

          They dont even allow to say anything against Basil; Gota or Meeharaka who allowed looting that way… why the people behave so evena after anything and everything becoming more clearer is the greater question to me.
          They the people are no well informed. I have the feeling lanken media men continue supporting Meeharaka led fractions than any good moves being introduced by current duo:

          Today, I did not loose that much for transport by hiring a car since the petrolium charges went down.

      • 2
        4

        “I will stop giving dana to Sangaya from next time on.”

        It is your wish and keep it for yourself. If you are a real Buddhist, you will understand the meaning of “Dana to Maha Sangha”. Buddha sasanaya has survived so many years without “Dana” from guys like the ones who worship “Bottle of Arrack or Cheap Whisky” in the evening. And about your father; Hey Bunjappu, apple does not fall far from the tree.

        • 1
          1

          Sinhala Banda,

          ““Dana to Maha Sangha”. “

          Kappan Karaya Mainland China has 50% of the followers of Wisdom (sanskrit Buddha) They all love Fat Chow Buddha because it gives them and they don’t give- you understand.

          Have you been to longman, shaolin – there is no dana bana benz car collectors Maserati, collectors Lamborghini, and most of all there is no Badagini because they can eat just a little fish finger sandwich and do not feel hungry for the day lots of green tea water.

          (based on the 2010 world population of 6.9 billion) 487,540,000 Buddhists (7% of world), of which half live in China. China considers Buddhism (wisdom) as a philosophy and respects it So appropriately the maximum no of buddha statues in the world are there.

          So my question is are you Scheduled Caste Kuddu Pakistan??

          Today’s world we feed and protect animals, our last wills are for them not ungrateful unreliable buffons. You get the jest.

          Can you define Buddha in Algebraic equation??
          Its simple for honest educated humans with dignity.

          Don’t run away I am serious to ask Sinhala buddhist kuddu monks this question.

  • 3
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    So all Governments have “usurped peoples’ power” what do you want them to rise up and do ?

    who is going to take over ?

    What sort of half arsed rabble rousing is this ?!!

    • 8
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      Don Q, tilting at windmills again??

      First of all, we don’t know if the headline was Nagananda’s or the Editor’s, so you should clarify this before leaping to conclusions.

      In any event, this isn’t “half arsed rabble rousing”, but much more to do with valid criticisms of the self-proclaimed ‘Yahapalanaya’.

      Obviously you are a fan of Ranil W and Co, or you would have disproved Nagananda’s assertions and made a far more literate and logical response.

      • 0
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        How extremely literate ! At least you have read about Don Quixote !!!

        Sick of listening to people regurgitating THEORY, without looking at the practical situation. If you have a better alternative let’s HEAR ABOUT IT !

        • 0
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          Why don’t you think that others have gone horse riding and drunk Cuenca white wine by the river.

          “If you have a better alternative let’s HEAR ABOUT IT ! “

          You and the author are the faulty foundation therefore the cracks.

          The faults in the foundation are -.
          Concept: Sinhalese. Concept Buddha, Concept.: Supreme and Just.

          Definitions are matters of convenience therefore its all the more important for one to analyse precisely what they mean by the concept.

          Then you sinhala buddhist majority know who you are and where you come from like the Anglo Saxons do.

          Then you rise and the people rise too. Indians always say we know who we are but BBC north indian told Nonis basta

        • 0
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          Don Q, if you’re so “sick of listening to people regurgitating THEORY, without looking at the practical situation”, why don’t you practice what you preach and “look at the practical situation” (read comment on the content of the post, instead of your “half arsed rabble rousing” nonsense)?

          Or is that your “THEORY” you are” regurgitating”???

    • 5
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      Man, I think he means “do a storming of the Bastille”, but the obvious question is who is going to lead it. The one who ever tried to do it in recent times, aka Wijeweera, turned out to be a crook himself; demonstrating the culture, he quietly lived in luxury preaching the lemmings to do his revolution, and all his armies went round pillaging and murdering many innocent people instead of rounding on the source of corruption in the big Gin Palace.

      As someone else wrote in these blogs, Wakutuweyang Culture in bred in our nation, regardless of the ethnic differences and political colors, may well be the root cause of all this; we saw all that publicly, when lunatics like mervyn and pavithra and many others were biting the dust under mahinda’s ‘chappals’. With such grovelling of the feudal system reintroduced to the 21st century Sri Lanka, even RW had been grovelling to MR on the 9th Jan 2015. That is why we are in this sorry state, where the peoples revolution against MR having done a 180 degree turn, even RW is doing a Wakutuweyang to MR in 2016. RW is pretending that he is challenging, but, my foot, he is still paying back his obeisance to MR for the new Mercedes and other favors that MR donated to him a few years back.

      Unless the complete set of Sri Lankan DNA is sent to the laundry for a good wash and dry clean, Sri Lankan society will remain like this, embracing the Wakutuweyang culture or in reciprocating, doing favors to the Apey-Ewun. Never mind the national progress and development!
      Please do not expect miracles to happen in Sri Lanka.

      Those Sri Lankans escaped abroad, and now observing the differences, please stay abroad. At least you have escaped to a relatively more equitable society where Wakutuweyang culture continues to dominate subtly all walks of life and business; just enjoy it, but do not go back, because the moment you land on Sri lankan soil, you would automatically end up readopting the wakutuweyang culture, no matter if you return as a tourist or returning for good!

      • 1
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        Thrishu,
        ‘Wakutuweyang’ seems to be the Trademark of Govigama Culture.

        Why not handover Government to some of the Other Castes, and see whether we can get a better form of Intelligent and Non-corrupt Government!

        • 0
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          Nah……. it is a national trademark which, together with the school ‘hotu-wiping-tie’, is an essential qualification to go high places;at the least it will sure to provide that vital ‘bath-gotta’ needed for survival; it has nothing to do with the caste. Even if anyone tried to stand against it, they have been dragged down by universal WKW-adepts of the entire nation, forcing the rebel to embrace the principle of WKW; a good example is SF, and sadly his transition from a non-WKW brand, now trending to a WKW. I wring my hands in desperation and hope that he is only pretending!

  • 14
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    Single-handedly Naga is exposing the rot that has crept in,over the years,in our Justice system.

    Would it not be appropriate to quote the Bard……
    How far that little candle throws its beams!
    So shines a good deed in a naughty World.

  • 3
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    yahapalana intelligentsia is SOOOO stupid ( sinhala fellows in yahapalana group)

    • 6
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      Sacho, you the kind of ilk have not the least contrubution to turn this nation a good one – so why to even criticise the good governance. For you guys, Yahapalanaya is a term to attack the other, and if not the rice packet or the other is not provided you fredly you will vehemently go against hte the current rulers. Think about the manner and the gravity corruption deliberately carried out by Rajakashe men for their political surival – today, not even deailed interviews are given tothe the very same media as to why his Administration failed to do the job well. Very same media men have not the least guts to question the men yet – we talk about Press freedom even after the new regime allowe dthem all freedom to do their job.

      Third force of a country is said to be the press – if our press is manipulated as no other times by various crooks – so why and how we could flow the information to the gulliable folks – gulliable folks are the prey to Rajakashes or the kind of politicians.

      They the grass eating gullible folks woudl not see it right – they even now take longer to see as to why the Rajaakshes looted the high sums – and not even questioning why the entire family is being called for FCID or other boddies that consistently do the job in terms of investigations.

    • 6
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      Look who’s talking about stupidity. Makes me laugh!

  • 8
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    I agree with the author that people’s soverignity is betrayed in this country since the power was handed over to Srilankans (Ceylonese). The law and order & justice system was converted into a system that only serves for the benefits of those in power rather than the people. Even though the people have the power to make those in power to bring down from the power, it is not happening in this island. People continue to elect the same powers who betrayed people’s soverignity again and again. Why? Those who betray people’s soverignity was successful in dividing the People of this island based on their ethnicity, relegion, caste, economic status and gender. For example, each and every citizen of Srilanka fully aware that Mahinda Rajapakse misused the power and used all means of resources to establish a family kingdom. But still he has the power to divide the Sinhalese people into two factions based on the fact that people are divided in ethnic lines.For more than half of the Sinhalese, Mahinda dictatorship or corruption or crimes are not important than justice to all.

    • 7
      1

      AJITH!! GOOD COMMENT.

      RAJAPAKSA REGIME POLICY. DIVIDE AND RULE AND NOBODY DARE QUESTION THEM.
      BRING IN THE FOREIGN JUDGES IMMEDIATELY. OUR JUSTICE SYSTEM IS HIGHLY CORRUPTED DURING THE PREVIOUS DESPOTIC REGIME.

    • 0
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      Sri Lankan electorate, and the culture by nature, lives by handouts. That is their measure of judgment between good and bad. They keep electing the same riff-raff because they like the handouts given by those riff-raff that are rich with misappropriated national assets. Both main political parties behave the same way and people have no choice, they just change the party in power based on knee jerk reactions, but they do not accept any other credible alternative.

      Fonseka was just one lone fighter against this corrupt system, but sadly he worked by the book and the criminally minded politicians outmanoeuvred him at the poll-counting stations. He was an honest and strightforward soldier, but too naive in the Sri Lankan political election methodology. He had no money to give as handouts, and only had the honor of liberating Sri Lanka from terrorist rabble.

      Fonseka could fight wars, where there are rules, but in Sri lankan elections there are no rules that are properly observed, people always hitting below the belt of their adversaries quite literally and even committing murder to get their own way.

  • 1
    1

    Who do you ask to rise?

    May be, only you and me are not corrupt in this world.

  • 4
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    Since 1948, majority of the majority always elected either UNP led government or SLFP led government. Both came to power using mainly the racial and religious sentiments and were able to get 2/3 rd majority to bring in new constitutions.
    How many times the Sri Lankan constitutions were changed.

    How many times youths rose up wgainst the government in power both peacefully and with arms.

    When you say people’s sovereignty which people’s sovereignty you are referring as SL is a multi racial multi religious country ?

    When you say corruption, which one you are referring to moral or material corruptions or both .?

    Original Theravada Bhuddhism does not promote materialism and also preaches high morals.

    Can you lead a new party or join another party other than UNP or SLFP and mobilise people to rise up ?

    • 2
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      Non PhD:-
      “Can you lead a new party or join another party other than UNP or SLFP and mobilise people to rise up ?”

      It seems to me that the PARTY has become more important than the Country and its People.

      This infighting between the two factions of the SLFP, can be resolved if two Separate Parties are formed!

  • 0
    1

    Since 2015 January 9th MS being to power of Executive President that he elected UNP-Ranil as Primer having 44 members in Parliament, that without having majority in number of total in Parliament.
    The consequents of that our democracy of domestic politics become laughing-stock in internationally.

    Both taking some risk of politics of democracy ,the reasons for pointing out this to be demonstrated how UNP politics culture dysfunctional is going to produced seriously defective of democracy outcomes across the other areas that undermined rights and accountability of “Good Governance and Rule of Law”.

    The an appoint of Primer of minority in numbers Parliament that again we have lost credential and confidential process of norms of democracy by UNP Ranil W… leadership.

    Sri Lankan in this period which just to recall incapable of producing effective democratic governances ,corruption, ran out of control and hundreds of thousands Sri Lankan that felt forces to be out of decent life of democratic society. Although there are wealthier and growing new middle class in Sri Lankan feel they been betray by UNP leadership and therefor there is lot more ruin to be had out of our country by Ranil W..of UNP -leadership.

    There is no doubt Ranil W… government and his office are accountable and responsible for a the all good DEALS OF THE MISFORTUNE HIS GOVERNMNET RULING FINDS ITSELF IN. But there is broader question of whether UNP as political party with alliances are making ourselves ungovernable?

    This is an extremely dangerous moment not just for Ranil W.. of UNP and his regime but for the nation. Our politics of democracy are certainly broken. We want change in present context of political culture of democracy, so we demand for calm deliberation of all fronts is urgent required. There is not instant solution do not exist ,only option is UNP has to exit from ongoing misruling of governances.

  • 2
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    Since independence, successive Govt. in SL alternated between the capitalist UNP & the hypocritical socialist SLFP. SWRD was the first to realize the political value of stiring up racial & religious sentiments & others followed. The country went backwards by several decades during Sirima’s time with a closed economy but JR brought fresh hope with his liberalized economy policy & with it, opened the doors to mass corruption as well. Despite competent & capable Ministers, his successor was Premadasa, a man with an inferiority complex & a flawed vision (if at all) for the country. He, in turn, appointed Wijethunga, another person with a low level of education who probably didn’t believe his good fortune but knew he was out of his depth & served his time without making any contribution. Meanwhile, the inner squabbling of the UNP between Ranil & Premadasa junior allowed the SLFP to regroup & the people having had enough of UNP rule voted in CBK for a change of scenery. She took corruption & thuggery, which Premadasa flouted, to a new level, in turn, to be increased exponentially by Rajapake, to whom she reluctantly handed over the reigns. By this time, we have come to accept corruption, intimidation & thuggery as a way of line & lost faith in the justice system. Rajapakse believed in a ‘live & let live’ principal & allowed anyone to join in & as a result, corruption became rampant at every level in all Govt. institutions. Exploitation became normal in both, private & public sectors, the middle class & the poor getting squeezed from every angle.

    There is undoubtedly corruption in every country to some degree but more so in third world countries where it is blatantly practiced. However, in developed countries, corruption is minimized due to efforts of activists & the freedom of the press. There are even truly honest & passionate politicians, an example is Joe Cox of the Labour party in UK who was sadly murdered by a misguided fanatic for her support for the UK to remain in the EU. Unfortunately, SL does not seem to have dedicated & honest politicians of that caliber, therefore, we need more people like Nagananda Kodituwakku to hold the politicians accountable.

  • 3
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    It is very rare to come across a highly valued precious gemstone among useless stones and geudas in a gem pit. You do not encounter them every day.
    Nagananda, thank you.

  • 1
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    Most of the world politicians are corrupted, governments are corrupted. corruption is dominant everywhere so one cannot get justice from anywhere.Politicians when elected, seem to be the hierarchy of the state and does not want to share power with the people. Sirisena- Wickremasinghe government is equally worse than Rajapaksa’s former government. The difference is that Rajapaksa openly violated the rules of government and acted as a tyrant but Sirisena-Wickremasinghe doing the same thing in a pleasant way. People should be in government. A federal form of government for the nine provinces is the best solution, which is practised in many countries.

  • 0
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    UNP proposed regarding VAT tax reforms by Ranil-Ravi join hand with that want to broaden the tax net include enlarge into more Medical and educational services, import items of the small and large sales business , more products apart of course from increasing rates.
    MR led Joint opposition have pointed out that faltering growth of national economy.
    Instead of low tax mobilization is aspiration of people mandated carry 2015 January 9 by MS promised has been broken & misused by UNP Ranil.W…-Ravi-K…..Malik S… financial policies of back by IMF of neo-con Liberalism-democracy of their monopoly interest.

    The people voice of majority which would have been supressed and that demand to be defeat the very purpose of the increased rates of VAT taxes since last 60 days.
    UNP leadership want to USA and Indian capital to means of facilitating the deepening Western & Indian capital in Sri Lanka, especially by allowing for privatisations of all Sri Lankan wealth assets which that belongs to governments corporations and departments of Island the national assets take over by foreign managements by Singhoporean Tamils of diasporas.

    The UNP of the far-right-wing leadership of Ranil.W…-Ravi Karunanagam also agreed to undertake reforms relating to State Banks, the national budget and national accounting far -reaching changes aimed to allowed USA and Indian greater say in how budget are to be disbursed.

    Hence given advices by Tamil Eellamist in Head of the Central Bank and Western think tank of IMF, World Bank and ADB are forced moves to be spending cuts, placing outside the purview of democratic political authority or its Parliament sovereignty.

    By and larger that IMF, World Bank and ADB want fast track national assets by privatisations of all state Banks is special projects proposed by US and Indian monopolies. Its a clear abridgment of an Island national economic sovereignty. UNP leadership also agreed to amend banking laws of an open capital account to make US and Indian to compatible ,in effects paving way for winding up of failed Banks in
    Sri lanka.

    The junta regime of the Ranil..W… of UNP in the name of removing “Rajapakase Regime of corruption” that Ranil.w MS and CBK agreed to open Sri Lankan small enterprises trading companies competition from services and commodities elsewhere in US Indian & Singaporean.

    By UNP undertaking ETCA also agreed to India that undertake labour reforms in order to implement Indian “best practise” in Sri lanka.

    Also on the reveal is a UNP commitment to cut down Sri Lankan bloated public services. In fact UNP leadership the sting in tail came of Ranil w… ‘s undertaking so-called “National Unity Government” would unleash an aggressive round of PRIVASATION.

    ALL IN ALL THAT UNP POLICIES OF EVERYTHING IS NOW ON THE TABLE IN PARLIMENT AGENDA best round of privatisation that INCLUDING EVEN ANCIENT SRI LANAKN’s RUINS OF CIVILIZATIONS IN INDIAN OCEAN-Island. We will become lost and fail nation of democracy and Sovereignty of the People of Sri lanka.

  • 0
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    In this society of humans there are human failings. The writer was a snior customs officer who became an attorney. But the way he writes it apears that he is born again to this world forgetting the past.

    The writer should be aware is that there is no point curing abuses after the damage is done but as far as possible to prevent abuses. Clear abuse which could not be remedied started after the 1972 constitution was promulgated and more by the bushell after the 1978 constitution. There are plethora of laws to prevent abuse but if the judges are not upright and subservient to the executive then the system rots. If this happens it is open to thought that the judges themsleves have some skeletons in their cupboards and the executive is holding them to ransom. On the other hand the executive must respect the verdict of the judges. There is no point in saying “We respect the verdict” and stare at the judges. The writer is aware that even under the British the judges gave a clear verdict against the Governor in the Bracegirdle case. The British executive did not go after the judges. Even in the British colony of Falklands today there are abuses but the judges have always been upright in giving their decisions.

    In the circumstances rising against the system is not what it should be because if the guys who take over the rise are equally rotten. Make hay while the sun shines seem to be the dictum of the present generation leaders and that is not conducive for good governance.

  • 0
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    Come on guys, be reasonable! Quite a few bloggers use any weaknesses of the society as an excuse to have a bash at Buddhism and Buddhist teachings, only because the politicos adopt and manipulate the original teachings for promoting their wicked agendas to control the masses. Controlling the masses this way is not unique to Buddhist-born politicos; the phenomenon is common to all other faiths that I know of. To quote an example, one Buddhist script states, ‘Poojacha Poojaneeyanam’ i.e. respect those that deserves to be respected, as well as, ‘Asevanaacha Balaanam’ i.e. turn your back on the foolish (meaning those who are in an evil path), whereas, in the real world of common folk (society), by convention masses are expected to look up to all sorts of evil individuals (Balaanam) that hold high places and regard them as ‘Poojaneeyam’ i.e. deserving. The society works totally contradictory to the teaching. I am sure that this contradiction exists in Muslim, Christian and Hindu societies too. Anyone who has lived a significant length of time in countries outside Sri Lanka, and/or closely associated with people of other faiths would know very well that what I am saying here is true. The Wakutuweyang culture is not unique to predominantly Buddhist lay societies; it exists right through our society irrespective of the caste, ethnic or faith differences, or national boundaries. In Sri Lanka and India it is very prominent, but I assure you it exists in highly developed western countries, UK, France, US in every field of activities. So it is high time to stop Buddhism bashing willy-nilly unless you want to demonstrate how ignorant you are. Yes, politicians throughout human history have always mixed faith and politics for their gain and for manipulating people; but the core teachings of religious teachers have always been quite explicit in defining to whom one should justly be respectful and to whom one should show the 2-fingers and turn back. In faith, WKW has quite a different meaning.

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