By S.L. Gunasekara –
S.L.Gunasekara
A Requiem For The Rule Of Law
The Court of Appeal, following the interpretation of the Constitution given by the Supreme Court has quashed by way of Certiorari the findings of the Parliamentary Select Committee.
Many are the statements made by members of the Government as well as by the leader of the purported Opposition, Ranil Wickremesinghe who are possessed of over-inflated egos instead of intelligence, to the effect that Parliament being supreme, no finding or verdict of a Court would apply to it. I have little doubt that Parliament will now proceed to go ahead with the purported resolution for the impeachment of the Chief Justice and dismiss her from office.
That would be a sad day for Sri Lanka for it would herald the murder of the Rule of Law by the Government which is bound and obliged to maintain, sustain and nourish it. It would indeed be comparable to a mother murdering an infant child.
The pronouncements of Members of Parliament that Parliament is supreme are not based on any provision of the Constitution – for there is no provision of the Constitution which provides for the alleged supremacy of Parliament. While the Constitution provides that sovereignty resides in the people there is no comparable provision which vests supremacy in Parliament. In these circumstances it is evident from the Constitution itself that the framers thereof did not for a moment conceive of Parliament being supreme or vest such supremacy in Parliament. So important a concept as the ‘supremacy in parliament could not, in my view, be vested by implication and/or inference but only by an explicit statement to the effect that Parliament is sovereign or supreme. Indeed, such a concept could not exist side by side with the explicit statement that sovereignty resides in the people.
It is also pertinent to consider Article 12 of the Constitution in terms of which all persons are equal before the law and entitled to the equal protection of the law. This provision applies equally to all citizens whether they are Members of Parliament or not.
It is trite law that where the Court of Appeal quashes a finding or determination by any Court or other body (which includes a purported Select Committee) such quashing renders such finding and/or determination null and void and of no effect in law for all purposes unless it is set aside by the Supreme Court. Thus, the only lawful means of seeking to nullify the effect of the said finding of the Court of Appeal is to appeal there from to the Supreme Court in terms of the Constitution. However, judging from the aforesaid nonsensical and totally idiotic statements made by various Members of Parliament, it is evident that no such appeal will be made.
The attitude of the Government, abetted as I have mentioned earlier, by the silly statements made by the purported leader of the purported Opposition Ranil Wickremesinghe, will be to press on with their stupid and anti-national endeavour to dismiss the Chief Justice by hook or by crook, and that can only result in a state of anarchy setting into the country because it follows that if Parliament which is not vested with any kind of immunity from the decisions of any Court, can proceed to ignore a finding of the Court of Appeal, so also can the people ignore the orders and findings of all Courts.
One can well visualize the absolute chaos and disorder that would result if the people of this country follow the putrid example that will probably be set by Parliament by disobeying the orders of Court on the ground that in their view those findings were erroneous in law. The only institutions that are vested by law with jurisdiction to determine whether a finding of a Court of law is erroneous, whether in Law or otherwise, are the superior courts and not any individual be he/she Member of Parliament or not. In these circumstances one does hope and pray (if one believes in prayer) in the National Interest, that wiser counsel will prevail and that Parliament will refrain from proceeding with the purported resolution for the impeachment of the Chief Justice.
Refuse to live in a guilded cage / January 10, 2013
Much has been wriiten and said by many but a corrupt government headed by thugs cannot and refuse to accept THAT THE SC IS SUPREME.All are to be blamed for sleeping all this time without taking cognisance of the way in which MR set about by getting the family tree to grow.
CAN CHAMAL RAJAPAKSE TELL THE COUNTRY WHO KNEW HIM AS A SECURITY OFFICER AND SON WHO WAS A NONDESCRIPT TILL HE CREPT INTO THE KATARAGAMA DEVALE ALSO AGAINST THE LAWS TWISTED BY THE BAPPA AND LATER CHIEF MINISTER OF UVA HOW HE CAME TO BUY A HOUSE ON ARCADIA GARDENS OFF ROSMEAD PLACE.THE PRIVATE LANE WHICH WAS IN A DILAPIDATED STATE TODAY WELL CARPETED FOR THESE CORRUT ROGUES TO GET HOME TO ROOST.
The leaders of the protest movement must call for the whole country to stay indoors as a protest as no thugs can invade homes.the activities must come to a halt for one week or more with only essential services working.the people must be educated and asked whether they want to live free or be under the jackboot of government thugs.THIS IS THE LAST CHANCE.
THE NEXT ELECTION WILL BE RIGGED WITHOUT DOUBT
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Don Stanley / January 11, 2013
The supremacy of the parliament is pure fiction.
It is a myth propagated by the clownish despot Ranil Wickramasinghe to promote his supremacy in the parliament of uneducated morons, thugs, goons, fools, leftist geriatrics and criminals.
Why does not Dayasiri who is a UNP lawyer contradict Ranil and set the record straight?! With Sajith and Karu who joined the protest against the impeachment at Hulftsdorf they should ask Ranil to stop lying and pretending that he can interpret the constitution for the parliament and force him to step down for filling while Lanka burns. Time for Ranil to be removed from the UNP leadership for supporting Rajapassa in promoting a constitutional crisis by wrong interpretations of the Constitution, and for failing to act as an opposition leader.
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Kapila / January 11, 2013
Ranil likes playing ‘palace politics’ in the parliament of fools while pretending it is supreme. The fact is that Mr. Sumanthiran and Vijitha Herath are far smarter than Ranil – they actually have intellect, brains and PRINCIPLES unlike Ranil who is unprincipled, un-ethical and power hungry.
The UNP has a prima facie case to dump Ranil because his support for Rajapassa on the impeachment by propagating the MYTH that the Parliament is supreme.
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Mahela / January 11, 2013
MARA is the biggest crook in Sri Lanka’s history.
Ever since robbing Tsunami Fund and bribing VP, buying opposition MP’s, bribing Buddhist Monks, Bribing China for illegal and fake contracts and with Black Money Commission he started his illicit Political Business.
Ever since that day, Country was pilfered upto robbing the ancient Kings Swords, coins, rings and Battons from Museum…..and there is nothing left in the country except starving and unemployed population.
In future our children will have to go to China Museum to see those lost items as MARA pak…ya has sold them to China.
MARA export our poor women to Middle East who are been killed there to earn Foreign Exchange to buy Lamborginies to his children.
This is how he runs the country.
All should get together and stop this Hambantota Para Bast..d from stealing our country.
Fuc….ng bast….d. Son of a Bi….ch.
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C. Wijeyawickrema / January 10, 2013
It is unbelievable that people like Nalin de Silva, Gunadasa Amarasekera, Don Mahindapala (Australia)all talk about CJ B’s bad actions, but do not want to give her the right to defend her case.
This is no international coup but the govt. giving a sword to derail it via UN and other rights groups.
“Educated fools” without self-respect
C. Wijeyawickrema,
Mr. S.L. Gunasekara, in his interview published in the Daily Mirror (1/1/2013), refers to a description made by President R. Premadasa about “Ugath Modayin.” Premadasa, who actually went to St. Joseph night school and claimed that he really went to St. Joseph’s, must have been suffering from an inferiority complex to pretend that he was a Josephian. His regime was branded at that time as a regime of “Hathe Kalliya,” (a cult of seven individuals with seventh grade-education). Besides, educational qualifications or university degrees do not make one Ugath as Premadasa thought.
Ironically, I find that the Premadasa phrase can be applied to what is now going on with the Shirani B impeachment debacle, with a new twist. On can say we now have Nugath Modayin, Ugath Modayin and Ugath Kapatin (uneducated and educated fools and educated hypocrites). Because I consider that most MPs, PC mps and ministers are Nugath Modayin, I do not want to talk about them. My concern is about the so-called educated cream of the country, the low level the country has gone down in honesty, morals and reasonable behavior.
Of all the discussions that I saw and read, only one person, Mr. S. L. Gunasekara, made me feel proud of Sri Lanka. The rest of the writers and commenters demonstrated their loss of commonsense due to partisan blindness or naked self-interest. Common-sense, after all means, the information one gets through the five senses; see, hear, touch, smell and taste. For example, I do not expect a person like Prof. Nalin de Silva to have a law degree to understand that the basic Buddhist Vinaya rule framed 2600 years ago that an accused monk should be given a fair opportunity to defend his case. So when he ignores this in the case of Shirani B, how can I think of having any hope on others like Jehan Perera, Friday Forum, C. A. Chandraprema, Daily News, Nihal Jayawickrema, Kumar David, G. L. Peiris etc. etc. who were in the “this war was not winnable” camp. Only one person, Rajiv Wijesinghe had the courage to openly state that the impeachment procedure was not fair.
So the entire country has divided into two camps. Yes men for the government and those either directly or indirectly supporting a regime change plan of the West. The latter group is also the group who said “the war was not winnable.” The yes men group finds Shirani B guilty of wrong doing and the pro-regime change group finds Shirani B innocent. So far only two persons, S. L. Gunasekara and Rajiv Wijesinghe were willing to separate the question of Shirani B’s guilt or innocence from the commonsense requirement of the need to give an accused a fair trial. This requirement is not what we got from the western jurisprudence; it is what we see in the Buddhist Vinaya rules 2600 years old.
If one were to examine Shirani B’s case there are several guilty parties. The president, the CJ and her husband are all guilty parties. For the mistakes these different parties made, intentionally and knowingly, they cannot now blame the West or local NGOs. Everybody in Sri Lanka knows that there is a systematic effort to derail the MahindaR administration, for the simple reason that it is much easier to balkanize India if chaos can be created in Sri Lanka by breaking it to two or three in boundary wars against each other. Two warring groups have outside support, separatist international Tamils and Jihad international Islamists.
As the famous South Indian historian Neela Kanta Sastri wrote, “Ceylon did not become part of Tamil India, because of King Vijayabahu I.” Gotabhaya R was the catalyst in preventing it happening in 2009 AD, under much more difficult circumstances than what the King Vijayabahu (1055-1110 AD) faced then. Under the changing or evolving Euro-American geopolitics of world control, (this is why EU was given a Noble Prize!) even if the Balkanizing of India plan is now on hold in the face of a growing China threat, Mahinda Rajapakse administration is a friend of China and Iran in Euro-American books. They cannot use UNO against Sri Lanka, because China and Russia will protect Sri Lanka. But this guarantee should not be abused by the yes men of the MR Administration who are mostly of Eurocentric (Europe is better) mindset. The reason is very simple. In the final analysis Premadasa’s Ugath Modayin or the present-day Ugath Kapatin in Sri Lanka cannot fool the brain power of the western and American strategists.
The West uses all kinds of strategies to get what they want. In the 18th Century they used blankets soaked with small pox germs to eliminate the native Red Indian tribes. Now they use the more humane-looking “reasonableness doctrine” to achieve their aims, using UNO as a vehicle. They call it R2P or protection of humans’ rights. This human rights issue is really nothing but an issue of reasonableness. Russia or China cannot defend a friend at a UN forum if the friend is proven to be not reasonable. The West wins such battles using brain power in addition to behind the scene other methods such as funding a project in a voting country. Russia or China is not willing to look as unreasonable fools before the eyes of 199 countries in the world.
Sri Lanka is in double jeopardy here. A country or its leaders professing to be good Buddhists cannot be unreasonable masters in their behavior, because the Middle Path in Buddhism is nothing but the West’s reasonableness doctrine. It is unfortunate that, only two persons, S. L. Gunasekara and Rajiv Wijesinghe, both not born as Buddhists, had the courage to tell publicly, that the president’s yes men have not followed the Buddhist Middle Path in handling the impeachment of CJ-SB. Administrations world over professing democracy have had Judges not favorable to them, and there are reasonable and justifiable ways to overcome such obstacles to implement people-backed political programs. But it should not be done in a manner that appears as a blatant abuse of power, especially if it can be used against it by its outside enemies.
No reasonable person, with or without formal legal training can support the procedure followed by the government to derail the CJ. The administration has ignored the rules of natural justice that the Buddha enunciated so clearly 2600 years ago. The yes men, in their greed to placate a president created a case of an emperor’s clothe situation in Sri Lanka. The president has enough powers to help people in Sri Lanka, without a loyalist as CJ. Why Sri Lanka is in socio-economic turmoil is not because it has a federalist CJ. If the president has wisdom he can submit the removal of 13-A for a referendum and receive the needed people’s support. The Divineguma Bill as it is will create another set of government officers and will not help people just like so many such other projects in the past. The Grama Sevaka Niladharis (GSN), Samurdhi Niyamakas and most GAs and AGAs are not doing their job. What is the guarantee that a 27,000 Divineguma officers will do differently. The Divineguma Bill needs to be modified to create GSN-level elected bodies of non-partisan locals so that local people are empowered to decide local development-related matters. Already there is a Gami Diriya project, which the Divineguma Bill could have copied.
Anybody who wishes success for the Mahinda Chinthanaya does not want the administration to face untold hardships at international forums because this CJ Bandaranayaka case is a different animal from the Sarath Fonseka case. No reasonable person or entity can support the argument that the enemies of the administration were using CJ-B as a cat’s paw to derail it. Of course now that is what it can turn into. The administration unnecessarily got a snake wondering yonder under its garments because some yes men/women s’ greed to placate the president. The 114 MPs who did it are not on CIA payroll or NGO dollar roll. It is unlikely, that lawyers in Sri Lanka will follow the advice given by S. L. Gunasekara to not accept the next CJ job, if current CJ was dismissed. There are lots of people who have no self-respect who will ignore his warning on integrity. But the CJ removal demolition crew cannot kill the CJ ghost, they can only bury it. President will have this CJ albatross hanging on his neck, if he removes CJ-B without following the rules of natural justice which is nothing but following the Middle Path in Buddhism. The nature of yes men, especially those who came from UNP, is to abandon ship if the tide goes against for whatever reason. We must be mindful of the fact that impermanence (Anichcha) is the only permanent thing in the cycle of life!
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Silva / January 10, 2013
What the f.. hell is this stupid moron is now uttering after sleeping with mara for all this time?
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C. Wijeyawickrema / January 11, 2013
Silva,
If you think that supporting GotabhayaR and MahindaR in their efforts to prevent a Tamil Eelam is a reason that stop me from talking against naked violation of principles of natural justice, then you are a yes man of somebody, that I can guess if my guess of who you are is correct.
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Silva / January 11, 2013
Mr. C. Wijeyawickrema,
I am extremely sorry dear. My comment was meant for SL Gunasekara the shameless brat who is still and adamantly mudslinging at Ranil while the utopia he built around MARA is collapsing on his head while the casualty remains the people and future of this country. We can see the whole political and judicial autobiography of this buffalo as being one that is miscalculated, misdirected and miscarriaged. This man shamelessly and unconditionally supported this government of uneducated uncultured bastards in the past when he was merry making and cohabiting with the fools of paradise. He did not utter a single word when his claimed “saints” in the courts delivered the putrid wish of the Rajapakshas against UNP and literally assassinated it which this fool who is now trying to be the savior of the judiciary, law and order and the people of the country did not understand as raison d’etre for the present anarchical situation in the backdrop of a judicially, legislatively and Executively amputated alternative government of a democracy efficient and vibrant function of which is as essential to a healthy democracy as the very government itself. Like the lice on the dog try to salvage themselves when the dog is sinking this bugger is writing this harangue in an effort to dry-clean his abhorrent sins of creating a despot who is now beyond all checks and balances and only a blood bath seems to be the way of liquidation. These half-educated half-baked donkeys are the real traitors of the country because they concoct and adorn lie and destruction with facts, law, governance and process outcome of which is a veil of legitimacy and authenticity to an essentially defective and dangerous rogue government bound to destroy the country and people physically, mentally, locally, internationally, ideologically and morally. One things that is essentially consistent with these fake erudites is that they never forget to sling mud at Ranil at whatever forum, speech, letter or discourse they engage in because they know very well that if Ranil is at the helm these pakis donkeys would have to dig a hole and bury themselves because such maggots have no legal tender in such an economy nor any role to play in a civilization not based on opportunistic politics.
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C. Wijeyawickrema / January 11, 2013
Silva,
Since I support S. L. Gunasekera’s position I think my reaction to you is right on target.
You cannot even reply properly using the privilege you get via the Colombo Telegraph! Go back and see what you wrote. No one, except you can think that you were referring to SLG and not to my comments.
Silva, you fail to understand that we are not supporting Tamil Eelam. We want to help this govt. But if govt is going mad with excess power we are not yes men to keep mum.
CJ-B and her husband did wrong. They appear to be corrupt. But we want her to be given the right to defend her case. A joker parliament cannot remove that.
Look at You Tube pieces of parliamentary debates. It is sickening. Prabakaran tried to bomb it.
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Silva / January 12, 2013
C. Wijeyawickrema,
Finally I managed to read your endless harangue about nothing and I intend “using the privilege of CT” to let you enjoy the privilege of a “proper reply” from me. First I withdraw the first sentence of my first comment to you which I wrote only after a glance at your post which I now consider an incongruous dribble dabbling at a failing regime in an effort to blow oxygen, filled with face value criticisms but nakedly trying to prop it up creating the horror of “Eelam ghost” and projecting the protective father figure of Gotabaya-Rajapaksha-Mahinda Chinthanaya” concoct! You try to showcase your erudition yet fail to read a single line let alone between lines! It was I who know for certain for whom I meant my own first comment as the originator of same but you buffalo claim otherwise! If I wanted to attack you initially as I do now I would not have to apologize to you. Your mental derangement is so much that you do not know how to accept an apology which in fact I now consider a mistake.
Do you think you can sell your Rajapaksha gangrene anymore? What on earth did you so clumsily try to convey by your self-confession about a bungling, blundering, messing and shitting around on the rock regime of which you have a vested interest? SLG and you are the same typed hypocrites. You attack other brat colleagues in the despot’s dystopia in every which way you can imagine. And alas! Finally you have found solace in SLG, a crooked opportunistic racist as perverted as you are. As though awaken from a day dream you say SLG and Rajiva are the first to claim a fair trial for CJ! When did you descend on planet Earth from moon or hell whatever it is? What does the very constitution say? What did the CJ’s defense say? What did Ranil and UNP say? What did those statesmen in countries thousands of miles away say? Every child in the country knows these parties held the view and demanded a fair trial for CJ. If as your moronic brain argues the foreign countries want to create conflicts and fights in the country and splinter in into pieces will they all advise your government of morons to adhere to due process of law and natural justice in the impeachment procedure which if followed no room whatsoever would have been left for any outside agent to interfere with internal matters and which is exactly the case now? You post your kilometers long rant on fair trail and constitutional blunders to coincide with that of the stooge SLG’s now at this late moment after the procession has past and CJ has been illegally and literally chased away from her office! Hilarious!!! What were you all doing all this time while the whole world was demanding over and over again it from the despot?
Your bird brain holds it that Gotabaya saved this country from the Tiger! What fucked-up malady is this? This man had fled the country for fear of war and was “computer hitting” and “oil hitting” in US! Ending of LTTE was a collective effort of local, international and past governments-India, US, China, Pakistan, Norway and several other countries, the UN, Chandrika and Ranil, Ranil’s CFA, Karuna faction and the poor and middle income segment of local people including some fanatics for motherland concept. A collective effort must have collective benefits. Now who reaps the benefits of the end of conflicts? People now have more problems than when the Pirabaharan bastard was alive and LTTE was in full swing! What is the reason? Obviously yours and SLG’s paymasters have taken over the terrorist movement from LTTE and made it into State Terrorism and are plundering, robbing, holding up and way laying the wealth and people of this country. Whenever the despot is threatened he invokes his father figure and savior myth through bootlickers like you and SLG. This is very much like the Mervyn Silva fiasco! The despot through its media whores blares that Mervyn Silva is responsible for the murder of Madawala; they reveal concrete and reliable evidence for the allegation; yet they never arrest and prosecute the bugger! He even goes to the parliament and partakes in the debate to remove the CJ! This is the level of low level of uneducated fuckers like you. You just blow hot air but end up in a whimper! And stupid uneducated buffalos in the country including those commenting here holding similar views to yours gleefully “hurrah”!
Your perversion attempt does not end there but goes on as far back as 2600 years into the Vinaya Pitakaya of Buddhists and makes a shameful attempt to tarnish and adulterate Buddhism by mixing and identifying your “gilmarts” with Buddhism-Oh the sickening thought of entangling Buddhism, its sensory organ concepts and Vinaya with the dystopian abhorrent of Rajapaksha despotism is unpardonable!
We do not require your kindergarten theories to understand the true implications of this illegal impeachment which you all have now bungled like the cat that passed shit on the rock. When there is a crisis in a democratic government-although the despot has destroyed it, still there is ruins of it-the role and viewpoint of the opposition is the most valid and constitutional explanation. Ranil as the leader of the opposition and the official opinion of UNP including that of the common opposition is very clear, correct and precise. Find a copy of it and read it-you and SLG and other buffalos who are attacking Ranil here which has been reaffirmed and authenticated by the court orders on this subject thereby you can avoid wasting time writing kilometers long harangues that have no meaning whatsoever to the reality out there.
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Lewke / January 11, 2013
This man S.L is a known supporter of this evil regime.
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peace / January 11, 2013
Siva,
Never mind what Wijewickrama says Siva, you Eelamists should start working on another scheme and lookout for another man/woman who is ready to be your puppet.
The problem for you lot is as we Sinhalas say; ‘gona haranakota mahinda dannwa pol paye kanna kiyala’ meaning, when the bull turns Mahinda knows, it’s to eat the coconut sapling.
Leela
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Silva / January 11, 2013
Who the hell [Edited out]
How many brat names do you use to dump in your sick nonsense-Leela, peace,[Edited out].what else? And do you think any one will care a shit about your shit and sick perversions that you dangle in your cyber laundry set up to dry clean your stenching king kekille? And your fucked-up rag “Eelamists” thought has no validity anymore because the Tamils, Muslims, diaspora, the international nations and the Sinhalese are all coming together to fight this Rajapaksha phobia.
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peace / January 11, 2013
Hay Siva,
Watch your language mate; it shows your moral fibre. Devilish acts of the latest stooge of separatists like you and plots by NGOs, INGOs and their sponsors, and back coats and etc. have gone awry at long last. The end is in sight.
Leela
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Silva / January 12, 2013
peace, leela,
Maggots like you try to destroy this country under the cover of civility and nice language! For example your sugar daddy is the murderer of his own child; he killed his own child dashing on the ground! Look at the pious father figure he now shows to the world-he even tries to nibble at the sacred bo tree at Anuradhapura! Such is the deception lontha fuckers like you try to portray to the world. You despicable whores have no human qualities at all even though you point your blood tainted fingers at us! We don’t care a shit about reputation, decency or recognition as long as our writings serve the purpose of exposing criminals like you and bring your horrendous crimes to the fore.
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leel / January 12, 2013
This Silva, one of the bloody ass licker of Ranil get mad when some one criticize “KALAKANNI” Ranil.
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leel / January 12, 2013
This Silva, one of the bloody ass licker of Ranil get mad when some one criticize “KALAKANNI” Ranil
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Silva / January 12, 2013
This leel, one of the bloody ass licker of MARA get mad when some one criticize “KALAKANNI” MARA
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Jayantha / January 10, 2013
Dear Sir,S.L.Gunasekera,
We are thankful to you for standing by CJ and the Judiciary and Supreme court for our justice, liberty and freedom.
Please do not feared for MARA’s Third Grade street goons drama to to intimidate Supreme court.
Those rowdy goons could be bought for a Packet Of cigarettes.There fore don’t get scared for them and keep up your protests and your ligitimacy to the Supreme court complex,
Even President cannot chase CJ nor Judiciary nor SC judges under the Constitution, and that’s why he try with paid uneducated, unemployed drug dealers and Criminals to intimidate you.
PLEASE DON’T GET SCARED FOR MARA’S CHEAP 3rd GRADE VULGER TACTICS AS HIS DAYS ARE NUMBERED.
I still cannot read Ranil’s mind as I feel he looks like a double agent, spy, mole or a Decoy set by MARA for a 86 million rupee annual pay. But we don’t care about him anymore now. His leadership is dead long ago, but we are sorry for our UNP party.
Just listen to Ranil’s annual party convention video clip by clicking the following WEB.
http://www.dailymirror.lk/news/24804-media-must-apologise-to-unp-ranil.html
He say Supreme court trying to topple the Govt……similar to what the Govt. MP’s say…….but it’s a lie. We are only looking for Justice for CJ, and only through struggle you can win it.
Better RW stop going to Araliya gaha medura to have Black coffee without sugar with MARA.
I have a strong belief that CJ, judiciary, SC judges and all of those who who are looking for justice will will come out as a winners.
THE BIGGEST CROOK IN SRI LANKA’S HISTORY WHO ROBBED POOR PEOPLE’S TSUNAMI MONEY WITH NO SHAME OR SELF RESPECT WILL DO ANY THIRD GRADE VULGER THINGS TO HUMILIATE CJ AND YOU.
NOW HIS YOUNGER BROTHER BASIL IS PLANNING FOR ANOTHER MEGA ROBBERY WITH 85 BILLION RUPEE DIVINEGUMA FUND.
DO NOT SHAKE FOR MARA’S CHEAP DRAMA AS CJ AND YOU ALL ARE GOING TO COME OUT AS WINNERS.
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Piranha / January 10, 2013
S L Gunasekera has been and remains one of Rajapaksa’s ardent supporters knowing full well that the man is an unprincipled, uneducated thief and a thug. None of Rajapaksa’s previous undemocratic acts seem to have bothered him and he kept on defending and cheering him until the CJ issue cropped up. His gripe with Rajapaksa may be because he fears that it might affect his income or exhaled position in the legal profession. It may be too late for him and his fellow cheerleaders of Rajapaksa like Dayan and Rajiva because the despot no longer will need them after he strikes down the CJ and with her the independence of the judiciary.
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douglas / January 10, 2013
Thank you SL. The trouble with all these analysts is that they think that there is a already “guilty” verdict on CJ on the surface of the 14 purported charges.
It is not the case we are discussing here. It is primarily that an “individual” (whether it is CJ or any other person) who is charged with any “misdemeanour” is not given the “rightful” opportunity to “defend” as per the Rules of Law. What we witnessed in that “circus” of the PSC was a “set of jokers” trying various stunts to “harass” and “maliciously intimidate” a person charged with certain malpractices, thus depriving the rightful defence of oneself. That right to “defend” must not be “usurped” or “allowed to be usurped” by any authority, ( let it be the Parliament or its members,) who are sitting in judgement to assess the degree of guilt or innocence.
If this type of behaviour by any authority is allowed to go by unchallenged, that will open the flood gates to estblish a system of “anarchism” in the country. THAT IS WHAT WE HAVE TO FIGHT AGAINST. Let even the CJ be given that “right to defend” as per the Rules of Law. Even that is what CJ is asking for, nothing more, nothing less.
The question is : WHY THAT RIGHT IS NOT GIVEN?
In this pursuit, not only the Opposition, but all the CITIZENRY has a moral obligation to fight for and that struggle must not be interpreted as a “struggle to bring down a Government”. That struggle is to bring “sanity and good governance” into play in all the spheres of public life. How capable or succesful is the Opposition in that pursuite is a no doubt a big question. Their past and present behaviour in relation to matters of this nature has not at all proved to be that capable and genuine. That is why people have rejected them at each and every popular elections. But the irony is that the “Leadership” cannot comprehend that message. As the Chairman of SLBC Mr Hundson Saramasinghe once described this Opposition “Leadership” to a “Body (physical)to a Royal upbringing but the Brains to be of “Montessori” type is that what it is. What better way to describe this so called “OPPOSITION” and what more can we expect from it.
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Safa / January 11, 2013
RW statements on this issue have been most fickle. He likes to display his knowledge of constitution, law, history without any common sense. When someone criticises him he says be is like a football. His talk is childish and irrational. His followers too are caught in this warped personality cult and blindly follow him. Maybe they have no better leaders in the UNP. After blowing hot and cold they now decide to participate in this unlawful debate in contempt of the CA.
The author is well known for his nationalistic stance but by standing for the truth he has displayed his impartiality and moral strength. Such impartiality, bi-partisanship and wisdom is expected of our leaders. Instead we a treated to displays of thuggery and military force. This reveals the level of education, wisdom and knowledge of our legislators and leaders.
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Ravi Kariyawasam / January 11, 2013
SL G is simply biased towards his profession and therefore his comments are not valid in this issue of impeachement. Let the people elected parliment and the executive decide.
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Harshana / January 11, 2013
Look like Ranil plan an international intervention on this conflict with the help of entire population, this will not happen , China will block at UNRHC this time. Along with china large numbers of courtiers support SriLankan delegation this time.
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Silva / January 11, 2013
Oh! your rusted brain! China is not even in UNHRC this time and you will have to invoke God’s help this time!
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Bedrock Barney / January 11, 2013
Totally and finally disgusted with how Ranil is conducting himself, as leader of the opposition, in this witch hunt. All respect I had for as Colombo person has gone. I just don’t understand why he doesn’t just and accept a portfolio!
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Sunila Mendis / January 11, 2013
The so called question about supremacy of the Legislature or the Executive? To be supreme is to have one’s integrity. honesty, sincerity,untouched and not compromised for personal gains.In this context can anyone say that the Parliament consisting of MURDERES,RAPISTS,DRUG BARONS,LIARS BRIBE TAKERS,is supreme? If this term can be used for them there will be no words to describe the good men and women.
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jaya / January 11, 2013
Silva
SLG has a right to stance for what he believes. One time he stance with the government in order to get rid country from the clutches of LTTE. What is wrong with that?. Real intellectuals are humble and dynamic and they stance for the issues prevailing according to their conscience.He stance for the What needs at this hour?. He expresses his perception very openly in the context constructive criticism. We fully agree with him that the parliamentarians are not supreme because majority of them are not looking after the aspirations of the people of this country since they act on for their benefits only.
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Silva / January 12, 2013
jaya,
You are looking at the universe through a needle-hole! SLG has the right to abhor, believe in or worship any toilet in the country! That is his personal business and ambition. The issue is however, whether his stance and actions have any relevance to the core issues and burning problems of the suffering people of the country; how and where does it fit in the totality of the system; does it enable to catapult and catalyze the dying democracy in the country; does it contribute to checkmate the despot!? I am afraid he promises none! He is a stooge of the regime living on their perks, privileges and payroll. He may write an article here and there like that brat Vasudewa who criticizes the regime as a showpiece to the stupid masses and then vote for the regime when any criminal law is passed in the parliament, but essentially is never for true democracy, people’s rights and honesty and principles. Like the above letter from him never serves any purpose for justice for CJ or for the legal system and governance in the country, his hyped stance against the LTTE too was nothing but empty rant. A poor soldier in a remote village has contributed much more than SLG or Gota!
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Pina / January 11, 2013
Basic educational qualifications such as the first degree, masters, m. phils and Ph. Ds are mere academic processes. It’s achievable for disciplined minds. Sometimes you may buy them even. (ex. Dr. Mervin Silva) However, the most challenging is to form your thinking and life style for the benefit of the majority. It shows the strength of one’s mettle and strength of character. We still consider G. L. Peris, DEW Gunasekara, Vasu, Thissa, Carlo…etc as educated politicians. But just consider their greed for posts and perks. Oya thanthuri and pahasukam ganna kochchara puke dunnada? By contrast, S. L. Gunasekara is a great man. He knows why he is educated by the nation for! That’s why he speaks for the truth. If we have more than twenty people in his cadre, we would have easily stopped this unjust impeachment. Sri Lanka is still poor in true intellectual wealth that could be invested behalf of the nation. Like religious leader invest the ideology to build castle temples to live press the common man for luxurious living, modern day degree holders sell their lives for a coin or two. They are mere dudes not aware of their own dignity. Do they respect ours?
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peace / January 11, 2013
I wish SLG talks about his views on that letter of majority Appeal Court judges have written to the President of the Appeal Court Justice Skandarajah to accuse him for bringing disrepute to the Court of Appeal on bias judgement for a change.
Leela
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Kautilya / January 11, 2013
Ranil wants to show off as the constitutional expert in the country.He imitate British politician and act accordingly.I believe that the worst two things that JR introduced to the country are his Monstrous Constitution and bringing a moron like Ranil to politics.
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Don Quixote / January 11, 2013
We all know the SL finds his intelligence in the bottom of a bottle of arrack !
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Dr.Rajasingham Narendran / January 11, 2013
At the parliamentary debate on the impeachment motion:
“The Supreme Court judgement is not worth the paper is written on”- G.L.Pieris, a law professor, former Vice Chancellor and former Minister of Justice ( One of the few so-called educated men in parliament!)
“We have told the judiciary to go to hell”- Vasudeva Nananyakara, a veteran Samasamjist and one considered one of the most principled and honourable men in parliament!
Interested readers should read Mr.Sumanthiran’s speach in yesterday’s parliamentary proceedings to understand the level at which this parliament functions (www.dbsjeyaraj.com/dbjj/archives/14618#more-14618)
What is unfolding reminds me of Brutus’s words in Julius Caesar,
” Our course will seem too bloody, Caius Cassius,
To cut the head off and then hack the limbs,-
Like wrath in death and envy afterwards;
For Antony is but a limb od Caesar:
Let’s be sacrificers, but not butchers, Caius.
We all stand up against the spirit of Caesar;
And in the spirit of men there is no blood:
O that we, then could come by Caesar’s spirit,
And not dismember Caesar! But alas,
Caesar must bleed for it! And, gentle friends,
Let’s kill him boldly, but not wrathfully;
Let’s carve him as a dish fit for the gods,
Not hew him as a carcase fit for hounds:
And let our hearts, as subtle masters do,
Stir up their servants to an act of rage,
And after seem to chide’em. This shall make
Our purpose neccesary, and not envios:
Which so appearing to the common eyes,
We shall be call’d purgers, not murderers.
And for Mark Antony, think not of him;
For he can do no more than Caesar’s arm,
When Caesar’s head is off.
Cassius:
Yet I fear him;
For in the engrafted love he bears to Caesar”
Dr.Rajasingham Narendran
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Villager / January 11, 2013
Dr.Narendran,
Do you know that majority of Appeal Court judges (5) have written to the President of the Appeal Court Justice Skandarajah who head the bench that delivered the Judgement for CJ’s (Writ) Application 411/2012 to accuse him for bringing disrepute to the Court of Appeal on bias judgement? If those accusations are true then all these argument on invalidity of PSC findings goes astray. Details that I have written about it in this blog has come off.
I am sure, more details of this bias judgement was in the Daily news. More on Haultsdrop coups and conspiracies would come to light sooner than later when the CJ is fired and locked out of her chambers.
Leela
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Mohmar / January 11, 2013
How many coups and conspiracies the regime talks of are there against it? All were baseless inventions to draw sympathy from the public. And Daily News is there to orchestrate all the lies of the regime. When there are those who claim themselves to be intelligent lose their power of thinking and believe the DN no wonder the ordinary man on the street too tend to believe them.
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Dr.R.Seneviratne / January 11, 2013
One word of advice to Ranil Wickramasinghe: Keep your big mouth shut.
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anaperera / January 11, 2013
Perhaps, no need to further flog this dead horse, i.e. the leadership qualities of Ranil W here, as any sensible person will question will have realised he doesn’t have them, to guide the people who look upto an opposition. lankanewsweb mentions, which sounds plausible, what kind of cocoon he lives in, even now.
and it’s a pity, SLG doesn’t touch on how hollow the statement issued by UNP SG, heaping praise on his leader ( ranil W must have dictated that) that UNP stance ( parliament has the judicial powers under 78 A to investigate apex court judge) was vindicated by 1st jan SC determination. that statement is as hollow as ranil W’s leadership qualities.
There is one good outcome., the common people will lead ( firstly reluctantly, admittedly) the resistance against the tyranny both in the regime and the opposition. As rohan samarajiva and others claim elsewhere, we are going back to feudalistic form of ruling, not just now over some years ( and this is a milestone as clear violation of rule of law), and that analysis is only partially correct. Because unlike in a feudalistic context, the ordinary people are fist given hope ( in schools, media ) that opportunities in life ( e.g.education, jobs) are equal and not decided by “connections” and patronage and only later, they have to become serfs under feudal political leaders, national, provincial and local, which the people will not accept a whole life time. We saw that even in caste driven Jaffna and equally caste driven deep south couldn’t contain that, but both ended up in a lot of bloodshed ( It’s a pity the likes of SLG’s concept of rule of law doesn’t go down to address why we need very much in a modern society for the benefit of the large majority of population, and coming from the elite he doesn’t bother about it, except when it reaches his doorstep – now).
And as the saying goes, when ordinary people lead, the leaders follow. And there is an opportunity for a group of sensitive leaders from the opposition ( not just political parties) to follow the people,as the current crop is anything but sensitive. Some guys here might start calling this hole that hole and moron for writing this, but it doesn’t matter.
This country deserves something better than this regime and also this purported opposition!!!!!
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shankar / January 18, 2013
anaperera,what do you mean no point in flogging a dead horse?he is the leader of the opposition isnt he?So how can he be a dead horse?He has to be flogged until he is kicked out of the post of leader of opposition,because he is not opposing the President at all.he seems to have given up all hopes of becoming the president and has been bought over by the master bribe giver mahinda and will try to have a easy life travelling all over the world.Both he and Anura bandaranayaka had this weakness of loving and living in the western world more than their own country of birth.That is why both were not fit to lead their own country and were rejected by the people when they realised their feet are here but their hearts are else where.
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Dejected Citizen / January 11, 2013
This government led by uneducated leaders with corrupt ministers does not care for the rule of law but rule by deceit and gun. The thugs and rowdies carrying their orders and those who praise the virtues of rajapakshas are the patriots of this country. We will sink down to the lowest depths and traitors who back this government should be answerable for the death of a nation. Those who live by the sword will die by the sword.
I am ashamed to be a citizen under this regime.
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Silva / January 11, 2013
Safa et at,
Lord Buddha, upon attaining nirvana spent 7 weeks looking at a banyan tree and walking up and down etc. thinking how the hell am I going to preach this profound doctrine to utter fools fooling around in the world and make them understand and follow same! Your type of peoples’ understanding and comments about Ranil is tantamount to that of the Buddha’s qualms about the ordinary ignorant people and there is no medicine for lunacy as well!
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Chandra / January 11, 2013
Goosy Goosy Gander Where Do You Wander…Mr.SLG! Obviously you aught to be embarrassed and feel demeaned by most of these commentators seemingly supportive of you. Nobody should take the blamed for that but you.
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E.Vivegananhan / January 11, 2013
The curse of the Country-is not so much- Mahinda but RANIL- who is so discredited & boorisly indifferent to the people’s aspirations & sentiments.–This is very unfortunate. The peoples struggle has no credible leadership—only the emergence of a third force–can save the country & Ranil will be the obstacle.People still prefer Mahinda to Ranil- I congratulate SL. for correctly & boldly stating the TRUTH.Viva
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Sirisena Yatawara / January 11, 2013
Parliment is sources of power derive from people’s elected representative by ballot.The whole power of sovergenity lives in Parliment.The sources of Political Economical changes, Social reforms and Resturcture Legal system are originat from the Parliment. Since 1948 that is our democray basis and political pratice, of ruling class,political class and major political patten of democratic order. That is how soveregnity of Superme power came into being our Democray. The two State compoment of President and Parliment have been elected by People’s ballot,is obvious their sovergenity is highier than Judiciary.
Constitution has never mention Sovertgenity in all Three branches of State are on equal terms. In deeds is understood Parliment is most powerful tool of sovergenity,because its represtanted WILL OF PEOPLE IN OUR DEMOCRACY.AND CHANGE POWER OF BY BALLOT.
Mr SL Gunaseakaes if you denied this simple logic,kindly forget abc of politics and law of what you are now taking.
As legal ( lawyer)point of view, your logic of argument is baseless and far from ground reality, Parliment soverginity cannot be over-rule or Reject by Supeream Court of verdit.
Otherwise we have take differant rout like Russian Reveloution in 1917 PATH OF CHANGE BY PEOPLE’S UPHEAVAL. Chinese Path of Revolutaion led by political power Grow barral of Gun.Those revoluationary Social forces are differant mission of Democratic and Socialist system of Humandkind.Those countries people’s Sovergenity derive form the masses of People’s UPHEAVAL.That was the accpected rule of change of social and political power
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Ransimala Vidurupola / January 11, 2013
SL GUNASEKERA WHO BACKED THE CORRUPT REGIME OF THE RAJAPKSE ALL ALONG IS NOW CLEVERLY TRYING TO SHIFT THE BLAME ON TO RANIL. THIS IS AN ACT OF CUNNING DEFLECTION. SL WAS A PROSECUTION LAWYER AGAINST SARATH FONSEKA. THAT CASE WAS ALSO A TOTAL FRAUD ON THE PART OF THE EVIL REGIME.
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K A Sumanasekera / January 12, 2013
SL Gunasekera is a fraud. We are the true supporters of government
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Native Vedda / January 12, 2013
K A Sumanasekera
“SL Gunasekera is a fraud. We are the true supporters of government”
Were you the true former supporter of LTTE?
If you admire MR you secretly would have admired VP.
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aj / January 14, 2013
Folks!
What you reap is what you sow!
A nation elects a government it deserves!!
These timeless classics are just popping in
my mind.
As a student of Dr. Nalin , I am not surprised his stance of protecting MR to the hilt, as his thinking is so contradictory! always.
perhaps the Quantum mechanics whichis so familiar will allow him to do so as it dictates the continum of mass and energy back and forth.
So for him what is correct can also be wrong at the same time.!!!
This is whatmodern science as we know it.
Getting back to SL I have listened to him on public TV channels, he is no diferent form Dr. Nalin he never sees black as black abnd white as white.!!!
So argument of charactor and their political lineages is a ZERO Sum game.
Let us focus on what is happening and how recent elections and campaigns and the results were telecast on public TV.
The Government owned Rupavahini and ITN completely demonized Gen. Fonseka nd indentified him with Idi Amin and Hitler.
The channels never had a moment of silence on attacking him relentlessly and it came to a point of moulding the public frame of thinking to a point where a perfectly alright sinhal word ‘Kalavedda’ a slip of toungue by Gen Fonseka was highlighted by majoruty( especially women folks!) as vulgar and decided that Gen. Fonseka is not decent person( such is the power of media demonization) and Vs. MR was a clean , humane, baby kissing , ole hugging Gentleman.
The stooges who ran the show like then Chairman ITN , Anura Siriwardhan look where he is today( secretary to Minister of Trade or something).
Where is Gen. Fonseka, lost his pension, all his lifetime achievemnts( stripped the mamoth honor of leading a WAR against the most ruthless Terrorist organization inth world), served Jail terms and remains lickong his wounds at home , sent to the political Boonies ( for now at least).
So contrasting what we have achieved by appointing MR as executive and the bucnh of thugs like Mervin ( I mean the whole Goverment MP lot altogether) have we got a dignified Governance by decently wpeaking Gentlemen?.
Let us be honest what can we expect for CJ from such a bunch of crooks let by a crook who promissed to eliminate Executive presidency but extended it for life instead!.
Has anybody thought about retired CJ becoming a Presidential advisor( Asoka de Silva) ever?
Such a country we live in.
How about moral conduct of Tie wearing Busddist Ideology preacher Ex CJ Sarath N. Silva?
So as a nation we are responsible of leaving the continuous erosion of democrac(Z)y starting from JR downwards and letting it slip by.
Have we raised against any of these as a nation?
NO so what do we expect from the recent debacle further erosion and keep mum about it.
So the drama goes on, UNLESS some educated professional who have done something in their lives, proven and delivered to the nation( can we say that to any of the current lot of Politicians?) come to the fore and stand up.
I can tell you one person who promissed and delivered, Gen. Srath Fonsek.
He said I will not let this LTTE menace pass to the next Army Chief and he delivered.
So Util we learn to appoint leaders who delivered, PROVEN . Professional as a leader we are doomed, we can keep arguing mere morsels like Ranil, how best he could have done etc etc.
Leaders are born( once in a while) they can’t be created by ropping up 80′ cut outs.
Leaders can be judged by their past performance and let us honestly ponder how many such leaders hve we appointed to the parliament in the past.
Answer NONE!!!
So what can we expect?
What else other than bigger and bigger messes and monumental blunders like this!!!!
So PEOPLE! Unite. think right, select a leader and flock around him / her and sve the nation from thughs, hooligans, International conspiracies of all sorts( not the ones that vagabond Wimal Uruwansa preaches).
I can give you an example of recent past what we need.
The struggle of University teachers( I have questions about how it was ended) but such is the struggle ahead of us after identifying a leader I outlined above.
Let him be the sole Authority of power( we need it to stop all our mothers being exported to middle east, to put a stop to somplete destruction of Social Fabric and when Father abusing his own daughter as mother is not around to satisfy him!!!
( I write this with shaking hands and tears in my eyes.)
Let us stop crying for the beheading of the innocent girl and think about how a teenager below 18yrs secure employment in a foreign land when the law is to prohibit it in the land she was born.!!!
So without crying foul by looking at the outcome let us focus on the root cause and work on it earnestly else forget about all that and think of packing for a foreign land where you will have atleast peace of mind.
Let us make a new year resolution and let us make some changes NOW!
aj
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