25 March, 2019

Blog

Recognising The Missing Legal System

A well-functioning legal system can be measured by its response to daily crimes and complaints. This is a much better test in fact, rather than a country’s constitution (in Sri Lanka’s case, the 1978 constitution still remains a major barrier to the functioning of a legal system), or statutes, or judicial presence, all of which are often portrayed as an indicator of a good system. 

Several such crimes and incidents occurred in the last few days, which did not receive their due publicity and national attention. It was reported from Rawathawatha, Moratuwa that when some drug dealers were arrested and taken for questioning, quite a sizable number of people gathered on the roads and congratulated the police by clapping and cheering. This unusual response to a police arrest indicates the anxiety of people experiencing the ill effects of illicit drugs on their children and loved ones. The clapping and cheering is the people’s appreciation at the rare concrete action taken by the government to address this particular social ailment.

OIC Traffic – Borella

In another incident, some people travelling in the expensive and elitist Defender, driving at an unusual speed and without respecting road rules and traffic lights, knocked down the OIC Traffic Officer of Borella. With the vehicle being a Defender, and the subsequent attempt to shirk responsibility, there is a general apprehension that those involved in this crime have high political connections. Meanwhile, after struggling for nine days in Colombo National Hospital’s ICU, the OIC passed away. The funeral was attended by the Honourable President, Honourable Prime Minister and Honourable Speaker, among others. Two million rupees are reported to have been given to the OIC’s widow, and five hundred thousand each for his underage children. It may be asked whether this sum represents the value of the deceased OIC. 

The OIC, like other officers engaging in risky operations, needs to receive the same attention as those solders and others who are killed during war. They both do their duties under the risks for their lives, and this should be recognised. The lifelong payment of their salary to their families should be the minimum done for those officers who die in duty. 

What is important here however, is the people’s apprehension to the incident, and the seeming protection enjoyed by those driving the vehicle. As yet another instance of reckless driving occurring throughout the country, leading to many injuries and deaths, the accident indicates a general lawlessness in the country. The political protection and impunity enjoyed by the alleged perpetrators is yet another indicator of the lawlessness prevailing in the country. 

A more shocking incident happened around the case of KARANNAGODA VS CID, a fundamental rights application petition to stop the possible arrest of KARANNAGODA. It has been pointed out that once the investigation into the crime is over, and the suspect is to be brought before the court, he should be arrested. In the case of an ordinary citizen, the arrest happens even before the inquiries begin or are completed. In this case however, it has been reported in the Colombo Telegraph and other reputed publications, that it was the intervention of the President himself, which prevented such arrest through his intervention with the Attorney General’s department. 

It was revealed that the two officers to be prosecuted on behalf of the state have been visiting the President asking for a place in the Supreme Court. This recalls Mr. Mohan Pieris, who was disgracefully removed from the Chief Justice position in 2015, and thereafter visited the President twice, asking the President keep him in the same post, and that he will do whatever the government and the President wants. 

The two officers in this case are charged with abetting the crime of abduction and murder. Their status as war heroes in a war that ended in 2009 cannot absolve them from responsibility or equality before the law. The world over, there are numerous examples of war heroes and national heroes who have been subsequently punished for crimes committed. The very notion of equality before the law recognises no special place for any heroes. 

The accusation that the President has influenced the Attorney General’s department on this issue needs a clear answer from the President or his office. This amounts to the head of state destabilising the legal system in a very serious manner. 

All the above incidents point to a serious crisis of the state. A crisis of the state is far more consequential than an economic or social crisis. A well-functioning state is essential for any possibility of resolving other crises. However, the country’s media and others are largely silent on these issues. Living inside a sinking ship, they listen to the political speeches of how prosperity and economic progress was brought to the country. Each day proves the folly of this situation, but there is hardly any attempt to correct it. In 2009, the Asian Human Rights Commission published a book entitled, Sri Lanka’s Legal System as The Phantom Limb. Phantom limb refers to the belief of an amputee that his lost limbs still exist. They complain of pain in those missing limbs. In Sri Lanka’s current legal system, continuing the rituals and filing fundamental applications is simply addressing a phantom limb that does not even exist. The only way forward is to recognize the missing limb, and then move ahead. (Asian Human Rights Commission) 

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Latest comments

  • 22
    1

    Just few hours before I typed my comment on Lankan legal system under our Pseudo Rajeewa,s article, ” Lanka is a joke”. And then I see this article which confirms Lanka is a joke and a shit hole.

    • 17
      0

      Dear CT,
      thanks for this article.
      I had no words to express my anger at the time, I watched the video of the HITAND RUN accident.
      :
      Even after the brutal accident occured, Police had to search for the vehicle on the following day. Nevertheless the vehicle owner/Driver and the men that were found in the jeeps were freed on bail is beyond all norms.
      :
      If the kind of HIT AND RUN accidents even sans heavy injuries or killings would have been the case, EUROPEAN police would never allow the suspects enjoy bailing out. But this worked for some reasons. That SHOULD be re-investigated.
      We talk high about lanken lawn and order, but if Judges work with abusive POliticians on the kind of accidents, we have to question, CAN WE AT ALL RELY ON LANKEN LAW AND ORDER authorties today ?
      :
      Aluthagamage, a formerMINISTER whose high profile CRIME records are public secret, whose son to have driven the VEHICLE in the accident which killed that TPOfficer should be remanded at leasat until process is completed heard.
      :
      Authorities, over to you. please get together to SERVE the justice to the culprits.

      • 11
        0

        Authorites over to you. please get together to stand against culprits.
        :
        These men abuse their political powers being behind the senior pohottuw men seeking impunity.
        :
        These men should be punished without being biased to anyone.

        • 1
          1

          Yes, missing justice is the outcome of the post-war UNP-SLFP bi-partisan corruption racket brokered in the name of Fake Reconciliation in the Land of Fake Buddhism by the Washington Consensus to promote its military bases project in Lanka, and is evident in the destruction of the Judicial System which for years got US-AID, particularly the commercial courts complex, Bribery Commission, failure to investigate and prosecute Panama Papers , bondscam and the list goes on!
          Yes and there was also a lot of USAID and trips to Washington for UNP, SLFP, JVP, TNA Boys — to turn the Parliament into a Cesspit of Corruption in the name of “Reconiliation” and turn a blind eye to Trumpland’s Cold War in the Indian Ocean against China!
          Long live Miracle of Modayas!

      • 5
        0

        The authorties played it down so that former Rajaakshecriminals to abuse the law.
        :
        This is how lanken authorties work in terms of law and order.

      • 6
        0

        Not just that brutal hit-and-run accident that deadly injured that police officer while being in his duties, but also the teeny girl child alleged to have been subjected to a rape by a PS candidate, a diehard-Rajpakshe POHOTTUWA loyalist, a Dewale kapuwa (sorcery trickster) are two provable examples of these weeks, where by the investigating authorities to have made every effort to play down the incidents leaving enough lee-way the alleged men to enjoy impunity. Here, both state and alleged criminals obviously work together without any shame not allowing alleged men, allow much around. I wonder, if responsible politicians do their duties in compliant to the laws, yet today, even if they repeat to have introduced independent police commissions?

        Our politicians of the day are boasting about having introduced independent commissions. Nevertheless, I am very skeptical about the practice of the courts and law and order in courts, yet today. In the case, where by the drunken drivers killed that TPOfficer, it is reported the case to have heard in close-door in the court. May well be former minister to have abused the court in order get his son freed on bails.

        contd

      • 5
        0

        to be cont
        Sadly enough, that in the HIT-and-RUN motor accident, the vehicle was found on the following day by police, until then the abusive young men had not confessed to the police. It is normally believed, that any driver is well aware of the fact, that the driver is responsible to take the injured to the hospital immediately after the halt of the vehicle in such an accident. In this case, they have just left the injured on the spot as not even treated to an animal that hit to a vehicle. The alleged men were though caught on the following day by the police, incl. a son of a former minister, Aluthgamage with his comrades and, were arrested but them to be freed on bails within hours were heard as very unfair. One of the men only was remanded until 11th March, on the very same day the death of the injured police officer was announced. Anyways, an innocient POLICE officer had to pay it by his life, while the minister sons got freed – I DON’T THINK IF THE KIND OF ACCIDENT KILLED ANYONE ON AN EUROPEAN COUNTRY WOULD HAVE ANY ROOM TO GET FREED EASILY.

    • 5
      0

      We HAVE no other choice, MILLITARY should take over… and rebuild this nation.
      .
      When would these high criminals get their comeuppance an end up in jails. ?
      .
      There are men that have most evidently, killed ruby players, but they seem to be enjoying as prominent in this country.
      :
      And we also have former secretaries that to have killed dozens of unarmed Welikada prisoners, but they enjoy their aggrandizement yet today.
      :
      No signs are there we have succeeded by having indrocued state which would put the law and order above anything else.
      :
      Our politicians just keep talking. They have thousands of excuses.
      .
      I think it is high time to implement of enforcement of rigorous law and order.
      :
      If NOT TODAY WHEN ?

    • 2
      0

      chiv – “Lanka is a joke, And then I see this article which confirms Lanka is a joke and a shit hole”.
      My deepest sympathies to the family of IP Sarathchandra. What a shame to let these bastards to get off scot-free. Do not expect justice when a notorious THUG and crook “Miris Kudu” Mahindaananda Aluthgamage’s son RASIKA BANDARA ALUTHGAMAGE is involved! Who gave driving instructions to the “DRIVER”? DIG in charge of Traffic & Road Safety is ATTORNEY-AT-LAW (means nothing) Ajith Rohana. Thanks, Ajith for getting a posthumous promotion for late IP Sarathchandra. Keep up the good work in your endeavours for further advancement. You are a genius!

  • 9
    1

    Some retards here in CT wants to fix the problem of an island which they them selves cannot identify in a world map , instead of fixing their own. As the saying goes “clean your stinking shit hole instead of exploring others” – Anonymous.

  • 15
    0

    The present President of our Country is a crying Shame to our Nation, especially because he is the Head of State in a country, trying to bring some decency to our Judicial System. He is a re-incarnation of the previous MARA Regime who wore Sheep’s Cloth to secure the Presidency.

    As the saying goes, there is no art to find the Mind’s construction in the face and we all got fooled by a Polonnaruwa Gamarala.

    The only option available is to wait the time out, of this dog in the manger who is reversing all good name earned by our country in the public eyes and also the International Community.

    • 9
      0

      Ansar, Our Democratically Elected P.I.G. is special guest of Honour…… for F..k sake….. in an International Environmental Conference… …what is so much appealing about this guy to them ???

  • 8
    0

    Thanks good one. Also who or what external party is behind the daily university student’s protests?

    This is also part of the POLITICS OF DISTRACTION and there increasingly seems to be external parties backing the Frontline Party.
    This destruction of Education and learning and most important RESEARCH CULTURE in an already backward country like Sri Lanka must be investigated, because it diminishes R & D and fuels a BRAIN DRAIN.
    Keeping universities in chaos and away from research to grow knowledge to benefit Sri Lanka, alsnbenefits foreign universties who are recruiting students in Lanka and earning good money from SL “foreign” student fees. Australian Universities recurite heavily in Lanka and other foreign universities. FSP leadership has backing No?

    • 2
      0

      Yes, there are multiple hands involved in destroying Higher education, research and development for national well-being and progress of a united Sri lanka at this time.
      Of course, destruction of higher education from within the University System by corrupt politicians and their cronies at the UGC and on University board as at Jaffna Uni. as well as by external parties that want to once again COLONIZE Lanka is on-going.

      CT Eds pl. do a story on this.
      External and internal networks are destroying education, research and development and turning corrupt Lanka into a Banana Republic colony of the Empire.
      But JVP which operated and owned the Inter-University is hugely responsible for the Higher Education Disaster in Sri Lanka.. JVP’s AKD has turned his back on education sector and the struggle for Economic Rights and Justice (including land rights and Ocean rights) . AKD rather plays Constitutional Expert as he is desperate to run for President!

      The Higher Education Minister must be held accountable for the massive brain drain from the university system and the lack of CRITICAL RESEARCH and DEVELOPMENT from universities to aid innovation.
      Trumpland which sells 57% of ALL ARMS and military hardware in the world and has hundreds of military bases all over the world according to the SPRI Stocholm Peace Institute, wants to set another military base in Lanka with the help of Bondscam Ranil’s financially illiterate butterly mafia, now that the Diego Garcia base is in question with the ICJ ruling that Chagos Island must be returned to Mauritius.
      The failure of the University System to expose the geopolitics of the current economic, education and social disaster in the county is due to the Universities being destroyed

  • 16
    0

    The writer is absolutely correct when he says: “The accusation that the President has influenced the Attorney General’s department on this issue needs a clear answer from the President or his office. This amounts to the head of state destabilising the legal system in a very serious manner”.

    There is an eerie silence on this from the mainstream press. Also the same silence from the UNP.

  • 8
    0

    A fine bit of Journalsm. Thank you CT for publishing this article. You get retards and arse holes who write B S please do not get distracted.

    • 7
      0

      Thanks a lot for your write. It has been done well.

  • 5
    7

    Batalanda Commission found that Raa-nil had a role in running the Batalanda torture chamber and proposed to strip his civic rights but Choura Regina did not take any action. If Choura Regina took action, Raa-nil is out of politics. That would have been a blessing for this country.

    • 12
      2

      What has Battalandha got to do with this HIT and RUN accident ?
      .
      What kind of idiot you should be – how can a senior citizen of your nature, being in your early 80ties, to react almost no second to that of Wimal buruwanse ? Mahindapala the gonthadiya from down under would never see it right, nor would he shed his last breath being in a good mind,.. that is crystal clear.
      .
      May curse be with you in the last days of your life, if you guys still make every effort to pave the way rascals to return and ruin this nation.

  • 12
    1

    When the President of the country himself violates the law/constitution of the country and does not resign and at the same time protects murderous armed forces commanders how can we expect the law and order in the country to be fair?

    • 7
      1

      Do you think that there is a functioning Judiciary In Srilanaka? Is there any way we can take the ‘Judges to Court’ for failing in their duty?. if so how do we do it please?

      • 2
        0

        K. Anaga – Retain RogueMesh De Silva as defence “lowyer”!

    • 2
      0

      As I am writing this, I question myself whether or not to use Prez or just Sirisena. Voters that sacrificed almost everything for his election in 2015 are now fed up of his politics. Who on earth would ever want to see a man got elected and is behaving like a mad dog, just after 3 years, as if he was born yestreday ? I think it is the upbringing of a person, what makes him someone in this life.
      I have never noticed PM Wickramasinge behaving indecent. Rajapakshe has abused the law to the core, but we never ever thought Sirisena would do the same with us. But the man did it, as we were blind.
      Today, not a modicum of respect left in my or other voters I believe towards this illfated man:

  • 5
    0

    Thank You CT for taking up issues that are clearly not news worthy for the main stream print media or visual media. They are the biggest criminals who try to cover up the crimes to suit their own end or keep mum.

  • 6
    1

    I have been reading many articles in which the authors warn that there is a great likelihood of Sri Lanka joining the ranks of the failed states. What these idiot authors don’t realize is that Sri Lanka has already established itself firmly as the Number One Failed State in the World. The person who played an instrumental role in this transformation is none other than our President Gamarala Sirisena!

  • 5
    14

    Sinhalese are so mild, tender, kind, innocent and gentle beings. In contrast Tamils are vulgar, uncivilised, thugish, brutal, crude and rough (leaving this beautiful natin tomorrow after 2 months).

    • 2
      1

      Rosemarry (sic),

      Did you interact with any Sinhala politicians or bureaucrats?

    • 3
      0

      Rosemarry (instead of Rosemary)

      What is the cause of your ire, my dear? Rather one-sidish statement you have made
      in this divisive land, haven’t you? Give us a chance in defence, good girl.

      Vanangamudi

    • 4
      0

      Idiotic comment written by a moda sinhalaya using a western name .

    • 7
      1

      Yes so mild tender kind innocent and gentle that they committed genocide , war crimes and ethnic cleansing on the island’s crude thuggish and brutal Tamils and other minorities and still continue to do so. Most probably you left your pea sized brain , when you arrived here and hope you search for it and find it when you return.

    • 2
      4

      Rosemarry Dexter

      A lot of thanks to you Rosemarry.

    • 4
      2

      Thanks for leaving. Please don’t come back.

    • 2
      0

      Bye bye, good luck in what ever ‘NATIN’ you find yourself in. Don’t ever come back!

    • 1
      0

      Yes, first learn to spell your name ( and words like thuggish and nation) from your Sri Lankan English teacher before you masquerade as a British tourist.

  • 1
    5

    Dear Rosemarry

    I sincerely hope you had a fine stay in Sri Lanka.

    The comments are so nice and flattering.

    Please come back.

  • 4
    0

    This article deals with several matters. The cheering the Police and jeering the criminals is a sign that the general public does not tolerate and gives no mercy to anything involving drugs, be it trafficking to a great extent and consuming to some extent. As an ordinary person tears come to my eyes on the sad death of a Police Officer due to callousness of a driver of the Defender. Millions will not compensate the loss. I believe that the deceased police officer took his duty seriously. As such in addition to the Pension, he must be paid his salary with annual increments and other rises as once given to public servants who were victims of terror attacks. We know that this case will drag on for years and it would be a damp squib. The biggest legal flaw being how a fatal accident arising out of drunkenness or loss of faculties or negligence be murder? The horrendous part is to run away from the scene leaving the injured officer alone. Legal penalties are one thing. But emotion tells me that they deserve at least the “Maduwaligaya” a penalty prescribed by MY3 once upon a time. I have given my thoughts about the episode involving Karannagoda and commented elsewhere in CT itself and I should not repeat. We need to know the full facts surrounding the disappearance of the young people and as such let the AG department buckle up and initiate the legal proceedings against those allegedly involved in tnis episode.

  • 3
    0

    “What cannot be cured must be endured ” so goes the good old saying, but should we gulp this wise crack in the case of present day political malaise which is incurable. No, not at all, the one and only remedy as Nagananda Kodithuwakku suggests is to get rid of all 225 so called members of parliament including the President and Prime Minister with least possible delay. They are the bane of our country. So what are we waiting for? Let us think of our country and our suffering people. These total parasites
    will never have remorse of conscience and in the midst of plunder and pillage their only aim is to come back to power by hook or by crook.

  • 3
    0

    No worries, “Miris Kudu” Thug Mahindaananda Aluthgamage, Medamulana Meeharaka Percy Mahendra Rajafucksha, Sillysena WP and a host of thugs have the requisite “qualifications” to shape up things! RogueMesh De Silva and synthetic “lowyer” Namal Rajafucksha for the defence!

  • 3
    0

    Darling Rosemarry please do not come back. We will be absolutely ok without you. We do not want stinking bigots/pigs in our country. See a proctologist ASAP. May be you should go to Kenya where your Thaatha is now visiting to study environment ??? and how to dismantle Law and Judiciary.

  • 2
    0

    Darling Rosemarry please do not come back. We will be absolutely ok without you. We do not want stinking bigots/pigs in our country. See a proctologist ASAP. May be you should go to Kenya where your Thaatha is now visiting to study environment ??? and how to dismantle Law and Judiciary. Oh sorry there is one more place for you called Chagos Island , I hear most of natives have left , For directions ask any Lankan Retard.

  • 1
    1

    Thank you ms Dexter, thank you. thank you.

  • 3
    0

    Rosemarry got 5 thumps up for her stinking bigoted statement. How??? Our usual gang of retarded bigots decided to do that, with out they coming out(their closets) and defending by giving their usual stupid excuses RW,bond scam, Chagas island,colonialism —–etc. because they know they cant in this case. This is what is called “racial war by proxy”. Guys people are little bit smart than you think. So next time try some thing different. F—–G RETARDS.

  • 0
    0

    AHRC,
    You trace the problem back to JR’s 1978 Constitution, but unlike the 1972 Constitution which prided itself as acting in defiance of the Soulbury Constitution where Section 29 was considered objectionable – because it was an ‘entrenched provision’ which Colvin said protected minorities (radio broadcast 10th September 1971). The change to JR’s 1978 Constitution was done legally within the provisions of the 1972 Constitution (not a fait accompli), and the root of JR’s abuses lay in the latter. Felix had earlier shown how to fix the Judiciary – See V.P. Vittachi’s Sri Lanka What went Wrong, 1994.

    The issue goes even further back to how the Soulbury Constitution and Section 29 were judicially abused in the Citizenship case of 1951. It comes to a question of whom, which class, the law protects. That bench ruled that the issue is what the law says and not what it does – what it does usually affects the powerless, the Indian labourer, and not those who make and interpret laws to suit their convenience. Your poor OIC did not fall within the class of those whom the law protects.

  • 2
    0

    Thank you Asian Human Rights Commission for highlighting, yet again, examples of the nonchalance in administering our laws.
    Particularly distressing is the accident involving a VIP Defender and the OIC Traffic, Borella. Although CCTV footage is available, the search is on for the driver! The lethargy indicates that the ‘Elites’ are protecting fellow elites.
    It is reported that the OIC’s widow is to receive, from taxpayer, SLR 2 Million and the underage children SLR 500,000/-
    This humanitarian gesture may also silence the victims from seeking compensation.
    .
    Please Asian Human Rights Commission. Help the victims to seek compensation from the OWNER of the Defender. The victims may consider the money paid as a bridging loan.
    PS: A case like this will unearth the deficiencies in administration of our legal system.
    PPS: A silver lining: Details has come out ‘As is Where is’.
    We went through an era, if ‘Elites’ are involved, ‘Hush hush hush’ was rammed down our throat.

    • 2
      0

      K. Pillai – DIG Traffic & Road Safety Ajith Rohana and Attorney-at-Law (means nothing) will ensure that the culprits (?) are brought to book!! Keep your fingers crossed.

  • 1
    4

    Roy and baby singho,

    I appreciate your kind sentiments. I am sure you two are Sinhalese – the good people of Sri Lanka. Sure chiv, siv sankar, mike, kabaragoya are Tamils. I’m not surprised.

    Back in Europe – will return to Lanka (my 2nd home) in December.

    Cheers Lanka!

    • 4
      0

      While in your ‘first’ home, try and find out if your given name is R***marry or R***mary.
      Or what ever.

      • 3
        0

        K. Pillai – There is an element of doubt! I suspect this could be another impersonator of the Virgin Mary.

    • 4
      1

      Rosemarry – I am a Sinhalese, you are welcome to come back and kiss my ass!

  • 1
    2

    K Pillai

    I’m an English woman, please do not try to teach me English

  • 1
    0

    Rosemarry , it dose not matter. Your statements are of gutter. There are people of your own who cannot read or write. They may not mind your stink but we do . By the way English is not our mother tongue, but we are proud to have learned along with so many others.

  • 1
    0

    I’m in the hospitality industry. Lots of people (tourists) tell me the same story as Mr Rosemarry Dexter.

  • 1
    0

    Pseudo Revolutionist , Thanks for coming out of your racial/bigoted closet. Now its clear , your revolution is nothing but age old racial hatred. You just wanted to have a “catchy pseudonym” to standout among others. Appreciate Eagle squint eye , who does not pretend not to be one.(racist). Any one who supports such a hatred comment should be outright condemned. Obviously she is lying because she will not be able to make such statement in most parts of Europe.The topic was on dysfunctional Law and Order and the lives lost because of it. Her comment was totally out of place and unwarranted.That was a give away sign , of the true identity of that person.

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