23 September, 2020

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Rape Of The Constitution – Murder Of The Supreme Court!

By Elmore Perera

Elmore Perera

A Supreme Court that has, in Judge Weeramantry’s estimation, been “a great pride to the country and has been highly esteemed both Domestically and Internationally” is faced with the threatened ignominy of sudden extinction.

The character of “Braveheart” who dared to retrieve the irretrievable, if not fatal damage caused to the esteem of the Supreme Court, has been effectively assassinated and the assassins duly rewarded with “plum patronage appointments”.

The politicisation of the Judiciary that commenced with the Republican Constitution of 1972 and continued under the 1978 Constitution was arrested and reversed by Chief Justice Samarakoon, an “outsider” who was able to command the respect of the entire judiciary by his firm but fair actions carried out unobtrusively. When the Executive found that the Judiciary was keeping the Executive within their legally defined boundaries and was a hindrance to their brazen manipulations, it sought the connivance of the servile legislature to impeach the Chief Justice. This move was thwarted by a few MPs who had the courage of their convictions and took a stand for Justice and fairplay.

With the retirement of this “outsider” the Judiciary was deprived of strong leadership and “patronage appointments” to the Judiciary resumed. The commitment and resolve to resist extraneous considerations steadily weakened and corrupt practices proliferated due to weak leadership and overt patronage from the powerful Executive. The process of Court was increasingly abused by seemingly lawful acts of sections of the Bench and Bar. Had Raja Wanasundera J and Mark Fernando J been duly appointed Chief Justice, this slide would have been arrested and reversed. But the Executive ensured the subservience of the Judiciary by making patronage appointments at will.

The end of the 20th Century saw the “fast-tracking” of blatant overt corruption in the Judiciary with the patronage appointment of Sarath N. Silva as Chief Justice. His exploits as Chief Justice are too well known by the Sovereign People of this Country, to need any recounting. He escaped certain impeachment by appealing to his political guardian (the President) to prorogue and then dissolve Parliament. Having successfully politicised the Official Bar as Attorney General, he made startling headway in politicising the Private Bar and even the Judiciary. He outsmarted J.R.Jayawardena by mis-interpreting the relevant Constitutional provisions to permit Opposition MPs to crossover to the Government at will, without losing their seats in Parliament. He revelled in issuing permits for sand-mining, directing the UGC to admit under-qualified candidates to Faculties of their choice, and directing the Judiciary to deliver judgments as desired by him. However, he overreached himself by purporting to decide on the retail price of Petrol. When he had to step down in mid – 2009, the Judiciary was in shambles.

In patent intentional violation of the Constitutional provisions under the 17th Amendment, President Rajapaksa conferred on Asoka Silva J the patronage appointment of Chief Justice. This Chief Justice zealously carried out the dictates of the Executive without reversing any of the myriad unjust and unlawful acts of his predecessor.

Having successfully repealed the 17th Amendment and enacting the 18th Amendment to replace it, there was no Constitutional barrier to prevent the President from making a “patronage appointment” of his choice as Chief Justice. However, this was conferred on the only other “outsider” to be appointed to the Supreme Court after Samarakoon CJ, viz. Bandaranayake J who was, in any event the most senior Supreme Court Justice.

Contrary to the expectations of the President this bravehearted lady CJ set about undoing the extensive damage caused to the Judiciary with the active support of most Judicial Officers, in her typically unobtrusive and gentle, but firm manner. Covert and even overt pressure from the Executive was politely but firmly resisted. The President was in no mood to let the aura of an all-conquering, all powerful ruler, slip or diminish in any manner. His grandiose vision of omnipotence could not be dimmed. She could not be permitted to be a thorn in his flesh for eleven more years. She had to be impeached, come what way!

If, as Senior Minister Tissa Vitarana believed, Bandaranayake J had truly requested the President to give a “patronage appointment” to her spouse, then all that the President needed to do was to charge her, even belatedly, with sexually harassing him into making this “patronage appointment”. There was no need to direct/permit his elder sibling, the Speaker, to get 117 MPs to sign a blank sheet of paper and thereafter fabricate 14 misconceived charges.

The fact that the President has not done so leads to the inevitable conclusion that Tissa Vitharana has surely mis-heard or mis-interpreted what the President had in fact told him. On the contrary Vitharana not only continues to believe this but has also convinced his fellow-professional Vasudeva Nanayakkara to vote with him for the impeachment.

Where does all this manipulation leave us? The Supreme Court, in the exercise of its sole and exclusive jurisdiction to interpret the Constitutional provisions governing the limits of the powers specifically delegated to or conferred upon the legislature by the Sovereign People via. the currently valid Constitution, has unambiguously ruled that the power to decide on the guilt of a Judge can only be conferred by a law and not by Standing Orders of Parliament. The Deputy Speaker, a lawyer himself, declared unequivocally that the mandate given to the PSC by Parliament was strictly limited to investigation and report only, and specifically excluded arriving at any finding of guilt. The necessary implication is that the Speaker’s celebrated ruling on the matter was restricted to any proceedings of the PSC in respect of that specific mandate.

The Court of Appeal, in spite of death threats received, quashed the PSC findings on the CJ. The Speaker who had, on 8th December, 2012 already announced in the House that the CJ had been found guilty of 3 Charges refrained from making the much publicised ruling that he was to make on 8th January. The Deputy Speaker, lawyer, in a drastic departure from his confident assertion re the limitation of the mandate given to the PSC, speaking on behalf of the legislature said the impeachment motion has been already placed on the Parliamentary agenda of  business scheduled for this week and nobody could reverse it. He also said that there was no need for a ruling by the Speaker as he had already made a ruling re notices to appear in Court.

Disregarding the unambiguous rulings of the Courts, the legislature, relying on the Speaker’s interpretation of the Constitution, now plead that they are powerless even to postpone the debate, based on an arbitrary finding of guilt by the PSC, admittedly outside the mandate issued to the PSC. Even if, as claimed by the Deputy Speaker, Standing Orders do not provide for removal of an item placed on the agenda, the inherent power of Parliament certainly empowers them to save valuable Parliamentary time, by avoiding the discussion of a nullity. Taking a vote and purporting to confer validity to a finding already quashed by the Courts will be tantamount to a total breakdown of Law and Order and invalidate any claims to democratic government. Sri Lanka is on the brink of disaster! The only option available to a Statesman confronted with a situation such as this, is to somehow avoid such a catastrophe, by respecting the Court Orders and suspending further proceedings on the impeachment until a lawful procedure is put in place. The President can, if he wants to,  act like a Statesman, or turn a blind eye, and continue to assert that “The Supreme Court had no right to go against the legislature” in accordance with his own interpretation of the Constitution, whilst at the same time reiterating his respect for the independence of the Judiciary as a Senior Attorney-at-Law. The choice between serenity and certain turmoil is now in his hands. The ensuing few hours will determine the future of our blessed motherland.

*Elmore Perera, Attorney-at-Law, Founder CIMOGG, Past President OPA 

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Latest comments

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    Elmore writes fearlessly not withstanding his entitlement to a free ride in the infamous white van of the MARA murderers. Let us wish him long life.Apart from exposing the CJ if and when she asked for a patronage job for her husband the idiotic President of this country goes before the public ear to say that when the CJs husband committed the alleged fraud he bent himself backwards to accommodate a fraud within his corrupt government by SHAPING things up simply because he was an APE MINIYA.How many more Ape Minihas are there in your govt against whom no action has been taken.Now we hear of another Ape MINIHA a well known minister of MARAs who has got his coordinating secretary to murder his antagonist and a fellow member of the govt. Will this Ape MINIHA too escape justice through Presidential intervention.I wish to show appreciation of the Police in Kelaniya who have done an excellent job as reported in the latest issue of the Island.Over to you MARA to try and shape this up too

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      Gamini, your comment is as good as the Article written by this fearless Mr. Elmore Perera. True, Ape Miniha concept could hide all the criminals who are with the regime and we the ordinary citizens have done something in our previous birth to live in Sri Lanka during the worst period of the entire history of Sri Lanka. What a peaceful and hospitable country she was but now all the crimes including state sponsored drug business too take place in Sri Lanka. Those who try to put the country onto the correct path are either jailed or killed on the orders of the dictator’s brother for their survival.

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        The new war in Lanka has already begun! Gota the white van goon who was chaffing at the bit, frothing at the mouth for a new war with the minorities now has an unexpected one on his hands.
        The people vs. the corrupt and UNEDUCATED executive and legislature!
        Bring out the guns Gota – it will be the Sinhalaya modayas that you will be killing this time around!

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      Police in Kalaniya will never do an excellent job, they are slaves, in fear of repercussions in UN next month orders have been given to arrest them, corrupt officials at UGC who brought the impeachment also now scared every thing will be exposed in the near future. Crimes and corruption cannot be covered up for ever. To cover up one wrong doing, they do another rongdoig, at the end they bring an impeachment to escape, when every thing fails they get exposed.

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    This is a rowdy govt from the top downwards. They dont care about decent institutions like the Supreme court or decent educated people like judges and other professionals. They cater for the criminals and thieves.

    Like JR said ‘let the robber barons come’, indeed they have come and occupied the center stage. Ape minissu have learned a thing or two from the robber barons and a now neck deep in drugs, treasure hunting, arms trade, money laundering, kassippu buisness etc. Even the highest in the land has his thing going by milking the treasury for additional funds.

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    In India rape and murder are grievous punishable crimes.

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      In Sri Lanka it is just the opposite! Can one name the guy who raped a teenage girl and subsequently murdered her while the accused was also a teenager at that time. Maybe our Excellency can jog his memory to bring the culprit to book even at this stage???

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    I am not sure if the members of our legislature and the executive truly understand the meaning of the words “Rape” & “Murder”. What Mr. Elmore Perera has stated in this article is absolute truth. What is happening in Sri Lanka today with the connivance of the legislature and the executive is equal to “Rape” and “Murder” of a human being.

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    When the Executive President had released the convicted accuseds who were found guilty of serious crimes of raping and murdering Kirishanthi, it is clear that the President expects everyone to treat his rubbish talk as law and failure to comply will result in harsh punishment by his brother GR. This is the order of the day in Sri lanka. So long as MR’s family is in regime, judges’ interpretation of law will be thrown in the garbage. Tomorrow, he might order not to abide by Buddhist Dharma and to pay more attention on consuming Kasippu manufactured by CR and heed to his advice. No wonder the next appointed CJ will be a puppet of MR. It appears that MR will introduce a new constitution where Rule of Law has no place and no one could raise such issue.

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      Shirani Thilakawardena (a.k.a. Shiran Buran) is wait-listed by MaRa????

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      Hi Citizen,

      It is better late than never and I am not sure if you are a Tamil or Sinhalese not that it matters. If it is from a Tamil it is a natural human reaction but if it is from a Sinhalese it has a moral authority and the story of Krishanthi haunts me to this day.
      The story of Krishanthi was not only rape and murder of the poor victim as a result of exhaustion following mass rape by babaric soldiers but also the murder of her mother who went to look for her followed by the killing of her uncle who went to look for the mother.Such was the gravity of the crime but MR found it justifiable to pardon the culprits. Where else would you expect such a callaous disregard for human life ( Tamil Life) and common decency.
      It has taken the rape of the Constitution and the murder of the SC for someone to comment on the hideous crime but sadly this is a daily occurence and taking place unabated in the north and the vast majority of Sihalese will dismiss it as gossip as they are not affected.
      I am a strong believer in God and the day of reckoning for MR and his clan are very near and justice will be meted out if not by the Sinhalse but by God.

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    Rape and Murder is not only appropriate but if all an understatement.Mr Elmore Perera must be congratualted for saying so ignoring the Medamulana thugs who bleed the ignorant people with catchy slogans.
    Only APE MINIHAS can live in this blessed land.This bogus buddhist who visits shrines all the time by helicopter resorts to all incorrect practices.It is said that Mervin is the supplier of women and that is why he cannot throw him out.See the state in Kelaniya where we live.
    The country should stand together and protect the judges as without an independent judiciary it will be a banana republic.Criminals like the two, Sarath and Asoka Silva must be taken to the Galle Face Green and shot as that is the type of justice in store if the judiciary is finished.

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    Elmore Perera has said it all.Chandima Weerakkody a stooge black coated who probably had no work came to the place where they make their fortunes.Chandima says that once placed in the order paper it cannot be changed.What if Rajathuma wanted something done.
    Sri Lanka’s pace of work is well known,see how the whole process started using Balapatabendi and the school friend retd IGP to get all bogus data ready.Appointing the stooge committee with the dentist who had appeared before the CJ and Panikkaylage Wimalasena now turned Gonwansa and the lightning speed with which they acted. Then using Mervin to abuse the CJ on the roads and the statre media to skin her.SEE WHAT A GOOD UPSAKAYA M R is.Whom is he trying to fool. The villager also has now understood them
    These rascals must be punished by the SC

    THE SC SHOULD ONCE THE DUST SETTLES REMOVE THE BLACK COATS OF ALL CHANDIMA, AND ALL THE BLACK COATS WHO ACT AGAINST THE SC ORDER.

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    This is incest. It is wrong to call it rape. The offence is being committed by two pillars of the government that are jointly responsible for ensuring the proper functioning of the higher judiciary- the third pillar , that is tied in many ways to the other two. In this instance the judiciary is an adult child that has to be nurtured and supported to become independent and strong. The adult child is entitled to opinions of its own, even when judgemental of the parents.In this instance the judiciary is being made the child whose growth is being stunted and even warped by continuous and repeated molestation by deviant parents. What a shame and what a tragedy?

    Dr.Rajasingham Narendran

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      Dr,

      You are wrong in your analysis as your are confusing the difference between an adult and a child. You cannot be both as you grow out of childwhhod and become an adult.
      The Judiciary is neither a child nor an adult but a fully fledged guardian of democracy and the pillars of freedom in a civilised society in whom the people have entrusted thier trut to interpret Rule of Law in a non partisan way. But here we have siituation where might is right and greed is the order of the day and everething else is secondary but that cannot be right and frankly it is a mob rule enforced by thugs.

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    Look at all the Singhala traitors and big mouthed Pundits who continuously attack Mahinda. It is the Singhalese way. These Singhalese traitors were very quiet when LTTE and JVP were killing the Singhalese. Now they have come out of the woodwork and abuse Mahinda and his government who saved the Country. The UNP were willing to handover one third of SriLanka to the Sun God Prabakaran and also were willing to make him the Chief Minister of the North and East. Why worry about an impeachment of a dodgy Chief Justice? She was appointed by Mahinda but she was found to be of questionable character. So what Mahinda could not tell before hand the CJ was going to be like that? He appointed CJ in good faith and why blame him for that. The Legislature is supreme and appointed judges cannot go above an elected government. If the government has no faith in the CJ then she must go. Who is she after all? The will if the Parliament carries the day and not a dodgy CJ or the Black Coats who are called lawyers and are members if the Opposition. For example the leader of the Black Coats is a UNP Member. I say sack the Appeals Court and the Supreme Court Judges too as they are biased and prejudiced and not fit to be Judges.

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      Suddu you fool it has become a habbit of yours to copy and paste and do you have anything new to say.

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    Hello Kali, Thank you dear for your views. Yes I do cut and paste because I have the same view and its no use typing it again and again.From which mouth are you talking Malli? If not for Mahinda you will be pulling a rickshaw with the Sun God Prabakaran seated in it. You lot are either extremists from the JVP or you suffer from Chronic UNP ism. The CJ is history Malli and instead of talking rubbish you should go and help your wife in the kitchen and also be doing the washing instead of talking crap and cursing our dear leader Mahinda. Just look at Mahinda you have to do merit even to look at the gentle lovely man Mahinda. Can you ever compare Mahinda with any if the opposition goons? Ha ha ha ha I still love you Kali and by the way are you connected to Kali the goddess of vengeance and death? You are the stupid one for backing all the losers in politics. Why don’t you try catching Mada Kari in the Beire Lake instead of bad mouthing Mahinda? now go and do as I say and help your wife if you are fortunate enough to have one! Love Sudu Akka

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    Elmo, this is the moment in which we need people like you. This is the most critical moment in in our history that country is gone to the hands of ‘Parayah’.

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