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.
Mohan Mendis / November 27, 2018
So what? Unp can ask for a full bench of all 9 SC members
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Desperate Sinhalaya / November 28, 2018
Good news, rumours are there that Medamulana Meeharaka ‘s health is worsening so that he cant move from A to B easily. This was the reason him to abuse helicopters also to allow his transport even for shorter distances.
Let s hope the best if this man would be punished by nature soon, things would work good for the country no doubt about. They the bunch of thugs and their powers are there so long ballige putha Rajakshes is alive.
His son and others have no power at all, but they just become pompous even if their father s appointment is unconstitutional.
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Amila / November 27, 2018
So it is now clear that we are likely to get a general election. Also what sirisena did will get legitimate.
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Wipula / November 27, 2018
As I believe only nine judges are serving in the Supreme Court at the moment and the President is evading to appoint the other two members.Therefore most probably the Chief Justice may be in an quandary in appointing right persons to hear this case.
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Dr. Ariyadasa Gajanayaka / November 27, 2018
so its fair to expect 6-1 against that DicksJoy Sira in these circumstances.
Lets see we still have a trustworthy rule of law which was tortured by Sarath Nanda and then gang-raped by Percy Mahendra.
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whywhy / November 27, 2018
Dr Ariyadasa Gajanayaka ,
First thing first . In real terms , to put it differently , Sira hired Mara Co
for a CLEAN SHOWDOWN with his own government of 3 1/2 years old
perhaps expecting no counter action from the government ! Things
turned uncontrollable for either party and all of them are going after
the electors now highlighting the value of law and order as if they are
the guardians of such an order ! Funny situation ! One month gone ,
nothing positive has happened to change the situation on the part of
the people or political parties ! Now the country has two unaccepted
governments under one president . In the meantime , a three bench
supreme court delivers an injunction making parliament dissolution
invalid ! A blow on the face of the president and a bouquet to the
parliament democracy ! The president and Mara Co is unmoved by this
supreme court injunction and show their reaction in the parliament for
the whole world to see ! Under such a circumstance , three more judges
added to bench ! One important question should hit our minds that WHY
THIS EMERGENCY WAS NOT FELT TO HEAR HIGH PROFILE
CORRUPTION CASES ALL THESE YEARS ? Another worrying question is ,
has the people already been told to expect the outcome indirectly ! Who
wants a LOUD DEFEAT from six instead of three ?
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Sinhala_Man / November 27, 2018
Dear whywhy,
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Seven (an odd number), not six (which could mean even division between the Ayes and the Nays).
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Samson Gunawardhana / November 28, 2018
But we can keep hopes on the CJ Nalin Perera or not ? He is believed to be unbiased and carrier Judge going by his profile.
Ballige putha Rajakashe always bribed JUDICIARY.Latter is public secret. But grass eaters dominated lanken society would never sense it and nor would the media paint the picture in favour of the fairness. I hate if this would have been recognized by SC. We are speechless.
I DO BELIEVE WE WILL GO FOR AN ANOTHER CIVIL WAR THIS TIME – PRO DEMOCRATS VS RAJAPAKSHE EXTREMISTS.
Almost every minion would see, it was highly unconsitutional to go dissolve parliament on that day.
All is clear the way PRESIDENT HIMSELF ENGAGED in buying OPPOSITION MPs and failed to do so. Consequently, they failed to prove parliament majority.
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whywhy / November 28, 2018
Sinhala_Man ,
Thank you for the correction .
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Kugan / November 27, 2018
This is the testimony for Buddhism,stop Dansals bring your own human values,how far these Santhosams take the country,utter lies fabrication then Pirith null,got blessings,good country with sad people with barbarians
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Taraki / November 27, 2018
Nice to see that the Tamils are as prejudiced and racist as the Sinhalese
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Native Vedda / November 27, 2018
Taraki
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Today NASA (USA) landed one more lander successfully on Mars.
When do you recon this country would be able land one of its home made landers on Mars? Maybe 3018 if Sinhala/Buddhist fascists permit.
You should blame the usual suspects, USA, the West, Hindia, C V Wigneshwaran, LTTE, LTTE rumps in Diaspora, the Tamil diaspora, Kaleinger Karunanithy, Jayalalitha, Seeman, ……MGR,…………… Vellalas, for the delay.
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Burt / November 27, 2018
At least they cannot blame the minorities this is fill with the majority community. So they have the right to screw theselves.
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Sinhala_Man / November 27, 2018
True enough, Burt.
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We guys have to accept full responsibility this time.
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But you deserve our thanks for standing firm; please continue to do so.
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Estate Labourer / November 27, 2018
There is nothing new about giving high appointments, bribes and santhosams to the spouse or another close relative of a person in some powerful position, to get some official favour from him in return. That is, of course, an example of the unethical application of ‘Quid pro quo’. But can you expect a man like Sirisena to adhere to principles?
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Rubu / November 27, 2018
I don’t think this gona Sirisena even knows what the alphabets in the English language are.
He is nothing but a pathological blatant liar, a jackass with no moral values and principles.
A real turn coat
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Sinhala_Man / November 27, 2018
Dear Rubu,
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We have two local languages – Sinhalese and Tamil.
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English does not count. And get real: he probably knows the alphabets of English, Sinhalese, and Russian, at the very least.
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I agree with everything else that you say. As Grusha Andrews says here, Sirisena should be impeached for mental infirmity
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https://www.colombotelegraph.com/index.php/impeach-the-first-toddler-of-our-republic/
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He is not fit to govern.
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sarath de alwis / November 27, 2018
Such speculation is unwarranted. People when appointed to high office usually and ordinarily make an effort to live up to the ideals expected of them.
President Sirisena has not filled the two existing vacancies in the apex court although the CC has nominated two judges. We elected him. Now We can only hope.
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justice / November 27, 2018
Sarath de Alwis,
This is the crux of the matter.
Why is the President evading the appointment of the two nominated judges?
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Sinhala_Man / November 27, 2018
Yes, this is something that we should be agitating for. What appears below, I have just found out by googling:
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Appeal Court Judges Justice S. Thurairaja PC and Justice E.A. G. R. Amarasekara have been recommended for appointment by the Constitutional Council. So said the very government-run Daily News:
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http://www.dailynews.lk/2018/10/26/law-order/166640/constitutional-council-approves-nominations-sc-ca
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The Up-country Tamil community is to get somewhere:
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http://www.ft.lk/article/569858/Court-of-Appeal-gets-first-judge-from-upcountry-Tamil-community
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That link that I have given you is two years old; one learns a lot about the man from there. I must confess that I’m a bit tickled to find that the man has been educated at Saraswathi Maha Vidyalayam, Pussellawa, and not at Royal College. Some may be aghast, not me!
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Justice E.A. G. R. Amarasekara has apparently been inquiring in to our Airlines.
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The question is why aren’t these two gentlemen being appointed?
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Please find out more, but it would be healthy for us to insist on equal justice for all – these judges cannot agitate themselves, we can.
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mike / November 28, 2018
Justice – Imbecile Sillysena is marking time, with the concurrence of Medamulana Meeharaka the illegal PM, to appoint a Sri Lankan Judge “Kavanaugh”.
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S,Sivathasan / November 27, 2018
Sarath de Alwis
There are two contributors to Colombo Telegraph, whose writings have coveted me by their content, balance and diction. Your good self and Dr.Amir Ali. But I have to violently disagree with your statement “People when appointed…ideals expected of them”. I too spoke in the same vein till I crossed three score years. Excluding exceptions, standards got swept away with the Tsunami and the Tsunami Judgement. Many a public office has lost it’s sheen. I no longer live in a world of half truth or make belief or so I think.
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Mallaiyuran / November 28, 2018
CJ Shiranee Banda’s husband was the Chairman of NSB. She allowed 18A to go through, to show the faith. But things turned around and her husband was squeezed for more. To radiate some relief for him she stalled Divi Neguma citing 13A. That became an LTTE propagated intervention into the Royal Activities. She was promptly dismissed by Wimal. Then came Mokan Peiris. He simply declared that Nirmala Ruban’s relatives cannot have FR because Nirmala Ruban was declared as LTTE because he had a body shape of Mr. Male Model and it turned out to be a matter for jealous for the Vavuniya and Anuradhapura Prison Guards. So they beat him up tied to the hospital bed until he died. Later, Mokan Peiris and Shiranee were dismissed by Ranil within 24 hours interval. Until very recent the boss of the Divi Neguma was under investigation for looting that money. To dislodge that and other cases from the court Old Royals over tuned the government and dismissed Ranil even without (24 hours) notice. That is the case now going to be investigated by Mr. Champika Vijit. This case may go well with Mr. Champika and Ms. Vijith, but if she fails to make the remittances in a timely manner, we don’t the rest.
Comedy Thamai- Appe Sinhala Buddhist Government ney!
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rbh / November 27, 2018
Paint or position a lovely picture all of it will be counted the whole happening is that eternal suffering awaits.
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Muslim / November 27, 2018
If the Judges wife has got a high profile appointment the Judge should not be in the panel as he will be biased. Where o where will we Srilankans get the right judgements in all our cases.Sirisena andRajapksa s
Will tamper with everything for their benefits.
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K A Sumanasekera / November 27, 2018
Mud Slinging is the forte of the UNP, JVP. TNA & NGO Alliance.
So what is new?.
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Judges can not reinstate Dr Ranil as the PM.
All they can do is say Sira’s Gazette is not legit.
Then what?.
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PM Rajapaksa must ask for a General Election so our Dalits who are the majority can decide whether they want to Partition the Nation and live in a Dalit Homeland .
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And Watch Elite Anglican and Vellalas live comfortable lives with Hindians and Hakka Chinese .
and their Children attending London Schools in Colombo and their parents getting their ECGs and Hypertension Medications from Nawaloka , Apollo and Durdens..
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Plato. / November 27, 2018
Buwaneka Aluwihare[ BA] was appointed by MaRa instead of President of the Court of Appeal Justice Sriskandarajah[JS] who should have filled the vacancy in the Supreme Court in terms of seniority.
JS ruled in favour of Ex:CJ Shiranee Bandaranayake in the Impeachment case.Thus, MaRa in his usual style,
had his revenge. A broken man JS died shortly afterwards.In fact the Impeachment of Shiranee J.WAS DUE TO A VERDICT SHE HAD DELIVERED in the DEVINUMA case.
So, BA WAS VERY MUCH A NOMINEE OF MaRa outside the normal criteria.
Public Speculation in these matters is therefore warranted when a hearing of the Interpretation of the Constitution is heard by our superior courts.
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hancho pancha / November 27, 2018
If in England or America or even India the judge in context would have recused himself. But we are all Sin-hala an inferior class of people.
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Ajay / November 27, 2018
Greed knows no bounds. It is a glaring conflict of interest indeed. How do they sleep at night?
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Real Revolutionist / November 27, 2018
People trust judiciary’
Any attempt to arouse controversy over judiciary is a refection of frustration over the failure of cunningly gaining what they expected.
Though she’s wife of a justice she’s an individual enjoying the right to make achievements. Her being appointed to that position shouldn’t be linked to her spouse’s being made to the judge committee.
However, in case her credentials is below the expected level it must be challenged.
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Champa / November 27, 2018
When President says problem will be solved after December 7th (dissolution issue), I felt uneasy.
I thought may be the CJ and the Supreme Court are under heavy pressure from the President.
But don’t worry guys. As I see, the new Chief Justice is smart. He knows everything about Judges, their history, their partiality and this and that.
Same like the previous three-bench, the composition of the 7-bench seems to be also carefully chosen by the CJ.
I think he is making every effort to prove that the hearing and the judgement both are transparent, fair to all parties, independent and impartial.
Hats off to the new CJ.
He is totally different from previous CJs.
I think, gradually, he will make Sri Lanka’s entire Judiciary free from political influence.
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Shrikharan / November 27, 2018
“He is totally different from previous CJs.”
Is that an insult to the former CJ Dep
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Sinhala_Man / November 27, 2018
No, not to Dep, nor to Neville Samarakoon, nor to Parinda Ranasinghe.
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Shrikharan, if we are going to be so jaundiced in reading almost everything, nobody will ever write anything.
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The obvious contrasts are Sarath Silva and Mohan Peiris. It seems to me that there is a good case for saying that those two guys ought to be in prison!
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I’m sure that in between there are some others, who were neither exceptionally good nor really blemished, like Shiranee Bandaranayake and Sripavan. Actually, I feel that the former should have allowed to serve her full term; having a Tamil (Sripavan) may have been useful for us to proclaim that all have a place in the sun, but he was a bit of a lame duck as a result, wasn’t he?
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Incidentally, I’ve been trying to find out about Nalin Perera. Lots of bitty information – all testifying to his unimpeachable integrity. At least we can be grateful that Sirisena did that!
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Judges also are humans, but we must do all that we can to ensure that they are free to uphold the highest standards.
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Champa / November 28, 2018
Shrikharan
I said CJs. PLURAL.
I learnt a lot about people through comments and articles published by various writers on CT.
My comparison was general. Nothing in particular.
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Real Revolutionist / November 27, 2018
Champa
You’re very close to contempt of court.
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edwin rodrigo / November 28, 2018
In other words the CJ will not be a turn coat like you? What a great relief!
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Champa / November 28, 2018
edwin rodrigo
How could anyone who is apolitical become a turncoat?
Spare your time reading some books to learn how to develop rational and logical thinking.
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Navin Karunatilaka / November 27, 2018
This article is written by someone who is completely ignorant of the way in which justice is administered in the island.
The same cheif justice that gave the stay order stopping the President’s dissolution of Parliament has chosen the other judges to hear the case.
Mrs Malalgoda has been an employee of the BOI for many years and her promotion was based on seniority.
It is completely unethical to cast such aspersions against the Justice. I hope this article is written in ignorance and not with malice.
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ramona therese fernando / November 27, 2018
When Ranil assumed executive powers, he personally appointed the full judiciary. This being a travesty of justice to the country, the whole government should be dissolved immediately, and the people should decide in a general election.
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Mallaiyuran / November 28, 2018
Grandma,
” When Ranil assumed executive powers, he personally appointed the full judiciary. ”
Which of the toe the naughty rat is biting when you sit down on the computer. You need to by some pest control at the supermarket. to clean that pesky house.
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renu / November 27, 2018
It depends on the Arguments put forward by the lawyers who are capable. I am sure they are going to produced the video clip of GL’s address to the parliament when the 19th Amendment was Presented and voted with no division in Parliament. He is one who is a saying something else now , Will a sensible set of SC judges allow their reputation to suffer in the eyes of International judiciary by making non sensible judgement . also general public is sure that justice will be done and appear to have being done
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chula menike / November 27, 2018
Given the definite conflict of interst,.there is no doubt Malalgoda will raise his hand for My3 and Mahinda Raja. He is obviously thankful to MY3 and MR. He will take their side for the special favour MY3 did for his family. MY3 made the woman a vvip. This is not fair for the country, Malagoda MUST resign.
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Wassanaye Sanda / November 27, 2018
Do not include corrupt Dehideniya J into the 7 bench. He is so corrupt and a Maithripala and Sirisena man.
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Douglas / November 27, 2018
I think there is no problem with this Judge. Remember how ex CJ Mrs. Shirani Nandaranayake gave a judgement against MR’s Regime, while her husband was the Chairman of the National Savings Bank. That appointment to the NSB was done on a “Request” made by his wife, when she was the CJ, which fact was admitted by MR. When that appointment to NSB was questioned MR siad: ” When the CJ of the Judiciary makes a request, can I ignore it”. It was a different matter to examine the “hidden agenda” behind acceding to that “Request”. If those who are holding High Profile jobs function as per the laws of the country and most importantly in accordance with their true and honest conscience, nothing could go wrong. So let this Judge do his job. Even if he gives a Descent Ruling, he will be required to give reasons for his judgement. Let us wait and see.
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Push / November 27, 2018
The whole country’s future now lies in the hands of the guardian angels of the law
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Ravin / November 27, 2018
Its not appropriate to express any view on the outcome, but it will be 7-0 verdict against the mottapala
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thondamany / November 27, 2018
People are divided between hate and good governance………………..
Why leave it to the guardian angels under the above circumstances, dissolve parliament & go for an election.
Let WE the People decide.
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Plato. / November 27, 2018
Douglas.
I see that you are holding a brief for BA. let us wait and see you say! What happens if he eventually pays off his loyalty to MaRa for his rather dubious appointment?
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Good Sense / November 27, 2018
It is important to be fair by people. This news item does not say that in promoting Mrs. Malalgoda from the position of Director to Director General that many were overlooked in preference of her. Secondly this promotion took place before the dissolution of the Parliament. Thirdly her promotion was not viewed with scepticism until Mr. Malalgoda was assigned to the particular bench. It appears that both Mr. and Mrs. Malalgoda are officers who were engaged in their respective careers throughout their lives. We have only found something to talk of Malalgodas and Wanasunderas. What about others? Whispers have always hovering around with all kinds of connections, even those below the belt. At this rate we will not be able to find judges to hear any case.
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Jay / November 28, 2018
Political maneuvering constantly happening on daily basis. When the rural blokes come to power they become power hungry. we have experienced over the past few decades.
If this fellow is genuine he shouldn’t have accepted. All corrupted
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Nimal / November 28, 2018
Let’s hope the judge’s do their duty to the country and not for the wrong doers in the country.
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Rajash / November 28, 2018
“….would amount to a conflict of interest…”
no such thing in Sri Lankan politics…
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