Questions have been raised over Justice Vijith Malalgoda‘s inclusion in the seven-member judge bench hearing the petitions filed against the dissolution of Parliament by President Maithripala Sirisena.
Justice Vijith Malalgoda
Vijith Malalgoda’s inclusion in the bench has come under public scrutiny on the basis that his wife, Champika Malalgoda, was promoted as the Director General of the Board of Investments, by President Sirisena, a day before he installed the Coup Government.
Arguments have been raised that Malalgoda’s inclusion in the bench would amount to a conflict of interest, as his wife directly received a high-profile appointment of Sirisena whose conduct has been challenged in the case. Sirisena also appointed his former Chief of Staff and Defence Ministry Secretary Hemasiri Fernando as the Chairman of the Board, on the same day Malalgoda received her promotion.
Before her appointment as the Director General, Champika Malalgoda worked as the Executive Director (Policy and Public Advocacy) of BOI.
Chief Justice Nalin Perera, Justices Prasanna Jayawardena, Priyantha Jayawardena, Buwaneka Aluwihare, Sisira de Abrew and Murdu Fernando are the other members of the bench.
Justice Eva Wanasundara, a Supreme Court judge who has publicly boasted of her close links with former President Mahinda Rajapaksa and his family members, has not been included in the seven-member bench.
kolla / November 28, 2018
The judges wife is a very old hand at BOI and perhaps the most senior.
But another judges daughter worked for Ranil while the father was conducting the Bond scam inquiry .
The former CJ Shirani Bandaranayake’s husband was convicted of fraud concerning State property.
The allegations can go all around
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Hamlet / November 28, 2018
This is an Old Politicians Trick!
If a Public Servant is Honest, and refuses a Bribe, go to the Wife and see whether she will accept it!
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Pon Kulendiren / November 28, 2018
Why is that not a single Muslim or Tamil Supreme court judge is included among the seven judges. The constitution is for all communities. Is it difficult to find judges who are not politically inclined? The fate of the country depends on their judgment
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Ajith / November 28, 2018
Pon Kulendran,
Since 1948, this country considered as a Sinhala Buddhist only Nation. That is why they have constitution written in Sinhala (Sinhalese version) accepted by Srilankan Sinhalese only Judiciary. Tamil and English version of the constitution is just to cheat Tamils and Muslims and other nations to say that we have given equal rights. Tamils and Muslims should understand the truth Buddhist Sinhala nation never going to accept them as Srilankan nationals. Therefore, only wayford is to unite in a liberation struggle to liberate the Tamil Nation from the Sinhalese Nation.
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Rukshan / November 30, 2018
it is a sinhalese budhist nation with a 2500 year old history. But the minorities has a legal right to live in sri lanka even though it is not their native country.
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Upali Wickramasinghe / December 1, 2018
Rukshan, This was never a Sinhala Buddhist nation of 2500 years..I think this story of 2500 years is also a fallacy hoisted upon us by that King Joker Mahanama.
Where is the evidence that it was Sinhala Buddhist for 2500 years? Please do not quote the safron cheats. What did Mahinda, said to be Indian Emperor Asoka’s son, do if this was a 2500 years old Buddhist country.When did he come here? Why did his sister accompany him?
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Uthungan / December 1, 2018
Upali W
The evidence according to SL ’s Sinhalese Buddhists is that Emperror Asoka was a Sinhalese as well his son Mahinda. ….. and further any SB who is named as such is also a SB according to the ministerial authority of SBD.
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Bodin / November 30, 2018
You mean Ajith does not understand Sinhala, or Tamil but understands only English?
If most muslims lime me can speak and work in all three languages, how come the Tamils are mentally incapable of learning the majority language of the country?
Most of the Colombo tamils don’t even know proper Tamil, but they know only the rude tamil used to address the “servantd”, i.e., the lowr caste Tamils that have to work under them and clean their houses, gardens, toilets, etc.
Ajith wants to know why there is not a single Mulsim or Tamil in this 7 judge panel?
USA has some 18% Hispanics, but NOT A SINGLE HISPANIC in the supreme court.
France has a large number of MUslims. But how many Muslims are there in the TOP COURT?
The number of Tamils in Sri Lanka is about 10-12% at most.
If you give even a single place to a Tamil you are goving them a 1/7 representation, i.e., 14. 3% and hence they are getting more than they should which is what Ajith and Pon K are advocating.
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By the same token, if you g1ve a Mulsim a place, you give them more weight than they have a right to.
The true answer to this question is, REPRESENTATION SHOULD NOT BE BASED ON RACIST IDENTITIES.
Some times the minister of Justice is a Muslim. Sometimes the CJ is a Tamil, and so on.
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shankar / November 28, 2018
pon
muslim and tamil judges are not as intelligent and knowledgeable as sinhala ones.
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Mallaiyuran / November 29, 2018
The very first case on that series is file by OPL Sampanthan. Representing Kanaga Iswaran PC. Probaly the best constitutional lawyer in the land.
Fourth is filed by CPA- Well known MP Sumanthiran PC appearing for Saravanamuttu.
G. Alagaratnam and another Tamil lawyer with another two cases.
Election Commissioner Ratnajeevan Hoole hired a Muslim advocate- Hejaz Hizbullah.
I am not sure how many Muslim lawyers are there; check it out in goole.
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Pon Kulendiren / November 29, 2018
Ha Ha Ha. The attorneys are needed to save democracy,
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Bodin / November 30, 2018
Leave aside Judges, Tamil Lawyers have been the leaders of their community
and they ruined them.
They “led” the Tamils from day one, from the time of Ramanathan P who wanted the caste system included in the constitution and opposed the Universal Franchise. Then came GGPonnambalam who went before the Soulbury commission and made a fool of himself and fell to the bottom of his political carreer.
Fortunately for him, DS Senanayake threw him a lifeline and got him to the Cabinet – a cabinet overloaded by Tamils compared to their percentage in the country.
Then SJV Chelva, another stupid Tamil Layer declared that GGPonnambalam is a “Traitor” and went on to form his Arasu Kadchi with the cry of an exclusive Tamilhomeland, already in 1949.
The Tamil Lawyer Vaitiyalingam and Tamil Planters like Peri Sundaram and other Tamils in external affairs drew up the Indian Citizenship act to make sure that so called ” low caste Tamil Coolies” are not given citizenship.
Tamil Lawyers like EMVNaganathan, SJVChelva, Amitlingam, and other Colombo-7 Tamils decided to go against a huge majority and launch an unwinnable extra-parliamentary fight which ended up in total warfare. In this total warfare the Jaffna boys realized that the Colombo Tamil Lawyer leaders parasites feeding on them and eliminated them by assasinations.
If the Tamil Lawyers had ANY INTELLIGENCE they would not have pitted a tiny minority against a huge majority. Their polices made sure that half the Tamils were annihilated, and the North stagnated behind, with the Diaspora pumping in money to put mines in the ground and buy weapons where the Tamils got annihilated.
What FOOLS. And yet, even today, Tamils are led by Colombo Layer politicians
who have no brains but a lot of hubris.
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Nic / November 30, 2018
Pon – unfortunately there is no Tamil or Muslim on the bench to appoint into the chosen number. MS is blocking the one and only Tamil approved by the Parliamentary committee!.
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Upali Wickramasinghe / December 1, 2018
Mr. Kulendran YOU ARE RIGHT.
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Amith / November 28, 2018
Even if the judgment is in favor of the petitioners, will it make any change in the current situation?. From the speeches of the MR group, it will not.
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kalu bokke / November 28, 2018
We are waiting to see whether some of these judges who recused themselves from cases involving Gota will be recusing themselves from this case now that there is a definite conflict of interest.
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Pon Kulendiren / November 29, 2018
Can you find and Judges who are not politically inclined?. Judiciary commision should appoint the SG and not the President
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Buddhist / November 28, 2018
Replay of Mahinda’s game which he played with Chief Justice Shirani appointing her husband to National Savings Bank.
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Wassanaye Sanda / November 28, 2018
No one knew until now that Appa Sira had appointed Mrs Malagoda as a vvip. How many more such unethical acts would Maithree have done?
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Vinolika Kudukedu / November 28, 2018
Two weeks after MY3 appointed Nalin Perera he showed that he is not a Maithree stooge. Despite the very high profille appointment Malagoda can still prove to the world he is impartial.
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Pon Kulendiren / November 29, 2018
It is half solved Let is wait and see whether the credibility of SC exits after Dec 7th Verdict. The international community is watching.
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MikeyMouse / November 28, 2018
Right understanding
Right thought
Right speech
Right action
Right livelihood
Right environment
Right meditation
Right concentration .
This noble eightfold path…the way out of suffering is quite simply the answer to Sri Lankan problems. You don’t need to be a Buddhist to follow these ideals. Talking about it is simple. Seeing it acted out…well…therein lies the problem.
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Basu / November 28, 2018
The appointment of Mrs Malalgoda was made when a RAnil was PM !!!
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Native Vedda / November 28, 2018
Percy the pathetic Basu
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The appointment of Mrs Malalgoda was made when a RAnil was PM !!! and Sirisena was still the president.
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What are the other pseudonyms do you use?
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Kasi P Navaratnam / November 28, 2018
In reply to CT contributor Pon – Yes the Tamils had eminent Supreme Court judges like, SriSkanda Raja, Wigneswaran, Nagalingam and so did the Muslims in the days when democracy flourished in the country and judiciary was full of eminent Tamil lawyers and many of them were QCs but today this is not possible as we have a totalitarian govt. who heads a Singhala Buddhist state and believes in majority rule with scant respect to minorities and accordingly Singhala was made the language of the courts and forced on the people unlawfully, a low mentality to oust eminent Tamil/ Muslim lawyers from all courts so that the. judges toe the line of the politics . Regards your comments regarding the constitution, there are three version of the constitution available in the country, one in Tamil to satisfy the minorities (Tamils & Muslins) and the other in Sinhala to satisfy the Majority and one in English to bluff the International community. If a translation of all three copies, is done by an independent body, the people will know the difference in substance. It all depends on how the govt. interprets the clauses in the constitution, to suit their requirement from time to time, some times favorably and sometimes unfavorably, depending on which side should be supported. We have seen this happening with our own eyes in the recent Sirisena episode.
The constitution of Sri Lanka is shredded into pieces many a times to suit the whims and fancies of the
majority community or the ruling elite. It is a piece of rag now as it is a pity that after years of democratic rule in our country,Sri Lankans
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Pon Kulendiren / November 29, 2018
It is half solved Let is wait and see whether the credibility of SC exits after Dec 7th Verdict. The international community is watching.
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Dilan / November 28, 2018
I ask Mr Malalgoda. Take all the positions that Maithripala throws at your family. But on 7 Dec stab the buggar on his back. This is for what this inhuman bastard has done to this country.
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Mallaiyuran / November 29, 2018
There type of cases are now there on this constitutional coup.
1). Parliament Dissolution
2). NCM Rejection.
3). Appointment of Old King and dismissing Ranil as PM.
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Chauvinist / November 29, 2018
Do not forget CJ before Dep was Justice Siripawan is a Tamil judge. In 1980s Justice Sharvananda was CJ also a Tamil judge. There are no tamil or muslim judges in Supreme court currently although there are in Court of Appeal. Best submission in the preliminary hearing of the case before Supreme Court was by Messrs Hisabullah and Sumanthiran
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Mallaiyuran / November 29, 2018
There are news that there is tensionous situation between SLFP and Old King. SLFPyers asked him to resign because New King is taking the pressure. He refused and saying that is not his problem. Old King want to know the SC verdict if the election to go. Remember, Buffoon De Silva argued on the Old King side that even New King cannot withdraw the election declaration. If election comes now, 58 MPs cannot get pension. Further, now SLFPyers cannot go to parliament because Slap Party members doesn’t want to go there to face they get defeated in everything they say and do by the majority UNPyers and supporters. So the Joint Comedy Club rowdies (55), who are more than the SLFP rowdies (25) now, stalling SLFPyers from going to parliament. Tomorrow the Opposition Party UNPyers are, against Parliament procedure, going to sit in Ruling party members’ seat. But allocating PM seat to Old King and ruling party seats to Chitanta Group was agreed by Karu on the very first meeting with New King, on this issue. Ranil too wanted this way and he ready sat on opposition seat. SLFPyers mat want Old Royals resign and become once again Join Comedy Club and SLFP and UNP sit in the relying party seats. If that happen I really don’t know the formula. But remember, the 15 dissentients are no longer visible. From the very beginning, Sampanthar’s talk with Ranil and New King is about this. Ranil, privately and through public media, invited New King to form a Unity Government again. Now only 15 MPs have joined Slap Party. If they break from UPFA they won’t get the opposition party leadership, provided that UPFA not removing their MP posts. Probably this is what made Old King angry with the SLFPyers met him and he indicated that he is only for reelection.
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Shantha Subasinghe / November 29, 2018
I personally think Malagoda should resign from tbe 7th December bench
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gulam hussein / November 29, 2018
Judge Malagoda, please stab Appa Sira on his back, you will be saving this country.
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Biso Menike Hewa Mallika / November 29, 2018
Malagoda ought to have known it was wrong his wife to accept a plum position from Appa Sira. Shame on you Malagoda.
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Indrani Malwathuhiripitiya / November 29, 2018
If Judge Malagoda has a backbone instead of showing gratitiude to MY3 for the favour he rendered to his family (wife) he must think about the mess MY3 has created in this country and quash the parliament dissolve order made by MY3 on Dec 7. Thank you.
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Full Monty / November 29, 2018
How can these judges say Maru Sira is right when Constitutiion is clear he cannot dissolve until parliament is 4 1/2 years old. this is black letter law.
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Pon Kulendiren / November 29, 2018
Those politicians who brought disgrace for the country’s image should de punished bay removing their civic rights and like Srimvo and the state acquiring their assets to compensate for the great economic loss. There should be qulaified and mentally sound President and powers of the president should be further clipped
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Kabaragoya / November 29, 2018
The lady was an old time employee of the BOI who rose up through the ranks. Please do give her a go. She is very knowledgeable in matters relating to foreign investment and has served in the BOI in various capacities. I Kabaraya a long time acerbic critic of Silly Sira and Rajapukk so speak. The fact that the case coincided with the time of her just appointment is no fault of hers or no reason why her husband should be prejudiced. He must know that no favour was done to his wife who fully merited her appointment.
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Whatmore / November 29, 2018
Shantha your baby is cute. I agree Malalgoda MUST resign from the case
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Siri / November 29, 2018
But, it’s coincidence or accident, the judge should stay way from this case for Sirisena promoted his wife to top post, and this case against him. Else the public might look at this judge in poor light. It’s the decent things to do.
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K.Anaga / November 29, 2018
So much is spoken about FR case about the dissolution of Parliament.. I have a friend of mine whose FR petition hearing commenced in 2011 and the hearing was completed in Jun 2016. However the verdict has not yet been given even after approximately 2-1/2 years. So much is spoken about the number of judges who will hear the case regarding the dissolution of parliament-3,5,7. Any way, my friend’s FR petition was heard by approximately 18 different judges -3 at a time. Judges included all the Chief Justices WHO WERE ON THE BENCH BETWEEN 2011-2016.. Is it a record for for FR cases? I understand, he had written two letters to the recently retired Chief Justice in this regard and sent it under registered cover. But no reply. At least one Judge passed away and couple of others have retired. What next? can any one clarify please?.
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Lanka Watch / November 30, 2018
Editor – CT
My comments made on 26 Nov under name Kasi P Navaratnam- in your esteemed journal is incomplete without an ending. Presume I exceeded the number of words permitted. People tend to write more and
more when they get emotional, disregarding the rules, In such cases, those comments should not go into
print as it does not give any meaning . Keep going and you are doing a great service to humanity.
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Edward / November 30, 2018
Why are there NO Tamils in this 7 judge panel?
Why are there NO SINHALESE OR MUSLIMS in the party lead by Mr. Sampanthan – a party which is supposed to represent the North, where there are, and have alawys bee, many Muslims as well as Sinhalese?
In fact, why is the TNA made up almost exclusively of ONE CASTE?
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Pon Kulendiren / December 1, 2018
Those politicians who brought disgrace for the country’s image should de punished bay removing their civic rights and like Srimvo and the state acquiring their assets to compensate for the great economic loss. There should be qulaified and mentally sound President and powers of the president should be further clipped
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Jim Pappa / November 30, 2018
Judge Malalgoda in trouble due to wife. Always woman a problem for man.
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Vinodaa / November 30, 2018
A woman’s place is the kitchen. Mrs Malagoda should have stayed at home rather than trying to do men’s things.
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Thanga / November 30, 2018
There are no Tamil judges in the Supreme Court because the intake of Tamil students to the Law College has been reduced to a single digit. When Rauff Hakeem was the Minister of Justice, the intake of Muslim students exceeded the Sinhalese. Only two Tamil applicants were admitted to the Law College, Thus Tamil students face double discrimination.
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Jeyan Muthusegaran / November 30, 2018
Nonsense. I am a Tamil Student of the Law College. My English medium class there are more than 30% Tamil students.
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Juliano Jemma / December 2, 2018
Reptile Muthusegaran, commentator Thanga was refering to a period when Rauf Hakeem was Minister of Justice which was about 8-10 years back. This scandal of unethical admission of Muslim students to Srilanka Law College was so obvious that students and even outsiders including Buddhist monks protested in public. But nothing was rectified. Likewise when Justice Salaam was Secretary of Judicial Service Commission (JSC ) numerous Muslims were appointed to the judiciary by way of undue and racist considerations. Muslim judges are far in excess to their proportion that they hold majority positions in North and East courts. Recently when all three judges in the High court, District court and Magistrates court in the judicial zone of Vavuniya was filled with Muslim judges there was a hue and cry and the JSC very wisely transferred the High court judge to another court. So the agenda starts at Law College with tentacles reaching to all possible positions. Surely Reptile Muthusegaran may not pretend to be unaware of the stark facts.
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Ivon Gulam Hussein / December 2, 2018
There was a famous poet by the name Malalgoda. I wonder this guy is anyone of him? Can a reader please help?
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