18 January, 2021

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Responsibility In The Judiciary & Lawyers To Combat Corruption    

By Nagananda Kodituwakku

Nagananda Kodituwakku

This Nation continues to suffer in the hands of criminal elements occupying public office in the Legislature and the Executive who abuse public office for their private benefit, engaging in corruption and robbing the Nation with total impunity.

The attention of all the concerned citizens is drawn to the “Forward made by UN Secretary General Kofi A Annan” to the UN Convention against Corruption [58/4 of 31st of October 2003], ratified by the Republic of Sri Lanka on 31st of March 2004, which is very pertinent to the situation faced by the people of Sri Lanka.

“… Corruption is an insidious plague that has a wide range of corrosive effects on societies. It undermines democracy and the rule of law, leads to violation of human righs, distorts markets, erodes the quality of life and allows organized crime, terrorism and other threats to human society to flourish. This evil phenomenon found in developing world, its affects are most destructive. Corruption hurts the poor disproportionately by diverting funds intended for development, undermining the government’s ability to provide basis services, feeding inequality and injustice and discourage foreign aid and investment. Corruption is the key element in economic under performance and a major obstacle to poverty alleviation and development …’   

Dear citizens! It is the duty of all of us to comprehend that the Motherland can never be put right without eradicating corruption, a noble act and also a national requirement that call for a fearless and upright judiciary committed to protect vindicate and enforce judicial power of the people (Article 105 of the Constitution of Sri Lanka).

And the Lord Justice Dennings, considered as greatest English Judge of modern times remonstrated that ‘…  Judges cannot afford to be timorous souls. They cannot remain impotent, incapable and sterile in the face of injustice …’ 

However, to achieve the objective of eradicating corruption there is a paramount duty vested in the members of the legal profession as well to assist the judiciary and the Constitution mandates all citizens including lawyers to preserve and protect the public property and to combat abuse of public property (Article 28 of the Constitution).  This is the only way forward to fight corruption and win the confidence of the people.

Elaborating the role of the judiciary the Latimer House principles promulgated by the Commonwealth of Nations requires that the Judges shall   be accountable to the Constitution and to the law, which they must apply honestly, independently and with honestly. The principles of judicial accountability and INDEPENDENCE underpin the public confidence in the judicial system and the importance of the judiciary as one of the three pillars upon which a responsible government relies.

On the other hand to protect the lawyers who work conscientiously in their chosen occupation there are international instruments requiring all the governments to ensure that lawyers are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference (United Nations Basic Principles on the role of lawyer Rule 16). And they also dictate that no contempt proceedings shall be used to restrict legitimate criticism of the performance of the judicial functions – Commonwealth Latimer House principles

Unfortunately, there is not such culture developed in this island Nation to achieve the desired objectives of the supreme people whose voice is unheard, compelling them to express their concerns about the state of the judiciary and the legal profession that lacks accountability mechanism at all to the international community.

I should put on record that it is not just me but the duty of the whole legal community to respects their social obligations, sacrificing their private interests at least to some degree, and to do their utmost best to make this country a better place for future generations.

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Latest comments

  • 2
    2

    Mr. Kodithuwakku: In recent times, you tried to prosecute people or get information about Car permits, and some other issues. what happened to those. As soon as the Supreme court against you, you went silent. Now, you are explaining the legal back ground about corruption for english readers in a website. I heard, sri lanka’s computer literacy is about 28%. Are you informing the non-english speaking computer illiterate readers or you have changed and keep silent. for some reason. What is needed is to prune the top of the tree which is very heavy. See how President is behaving like a sloth. What about PResident’s fund. what are they doing with that since the JRJ time. Why 45 nationalist MPs. What is there contribution. when there 94 Grade failed politicians how do they learn about treasury bills, bond and how to cheat in those or how to make the bank bleed. You look you are also one of them waiting for a chance. there was one like that he has left since then we do not know why. What went wrong in BOC (?). He was comparing president to a Mandela. for what reason.

    • 3
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      So long all these so called law professionals and other professionals as authorities woudl face full blood transfusions enabling to react self against corruption, this nation would never reach the level – miracle of asia , info hub bla bla. Latter terms are just to appease the gulliable only.
      As it is the case with witchcraft, Astrology and other forces have been abusing the people keeping them even darker, those who are entwined with corruption of various forms would not leave away them easily.

    • 3
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      Welcome to the collapse of the credibility of the Sri Lankan legal system!

      Proving that nothing much has changed and the system is still corrupt.

      Sri Lankans have lost all faith in the legal system…

  • 3
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    We as citizens fully endorse what has been said. All the rights of people are diminished and the legislators have carved a cave called the Sri Lankan parliament. If this cave could be cleared of the thieves that is the best people could ever be gratevil. We are grateful to you NO.

  • 3
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    Nice article with words coming from the heart. First and foremost, the eradication of corruption must start by clearing the system out of Govigama criminals. These are the set of evil men and women, with the support they get from the Jew controlled West, who rob the country and allow their goon racist squads to create unrest among the populace with the Sinhala Buddhism which has been transformed as a Terror outfit to wage wars and pogroms, always and all the time, with the aid of the state machinery, covertly and overtly, to keep the lower rungs of the society always in conflict with something, fighting and destroying what is left. The Govigama Elite Mafia is an octopuss that has its tentacles planted firmly in all the power centers in the corridoors of power. They have the Media, Police, Army, Finance, the Judiciary under their total command to protect their evil plans and their 70 years old destructive Sinhala Only agenda. Wijeya Publication, Upali Newspapers and almost all the other private media belongs to this evil set of Govigama bosses who have directed their employees to put their two cents worth racism to rage in the minds of the majority to create the necessary clashes. For then the population will be busy fighting amongst them and the Govigama Telungu Natakkar criminals can enjoy luxury life by thieving. As long as the population remains lethargic about this phenomenon and not doing anything about it, these evil Govigama scumbags (Senanayakes, Bandaranayakes, Wijewardenes, Rajapakses, Jayawardenes, Sirisenas..etc, etc) will drive the remaining good of the country to the hell. 70 years of unbroken chain of Govigama criminal rule has brought the country to its worst level that we are experiencing right now. Save the country…bring the Govi Elite Criminals to justice.

    • 1
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      This system and its entire function is a dupe. The election is a big farce where the Govi criminals are always at the top of the pyramid shuffling their members who are known criminal political leaders, playing in the fake political parties (SLFP, UNP, MEP, JHU) created for the purpose of keeping the masses divided along party lines to make them believe that this is actually a real democracy, which is not. So, the Govis never allow anybody to come to the top position unless he is from their lot. They have the freedom to kill, rob and rape anyone or even sell the country to the Jews who are running the 5 big powers of the UN Zionist system. No one is capable of challenging them to stop the corruption. Such is their dictatorial rule.

      • 0
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        For the first time in the history of the mankind, the Jews have masterminded the method of destroying a country, a society or a religious group by employing their own kind through infiltration. They destroyed the Ottoman Empire, the Tzar Empire of the Russian territory. The Sinhalese are destroyed through the Crypto Jewish and Telungu Nayakkar race posing off as Sinhala Govigama Elite forces. The appointment of Gnanasara, Elle Gunawangse, Ven. Soma and creating JHU, BBS and all other terrorist groups to engineer the mind of a Sinhalese in the expectation of transforming him to be a Myanmar type mob who kills innocent minorities at a small switch of a code word used by the Israeli trained racist masters for unleashing violence to medieval levels to achieve their Govigama goals. Hambaya, Thambiya, Musalmanuwa, Kotiya, ISIS, anthawadiya are code words used by these criminals to unleash their violence.

    • 1
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      If anyone can remember, the pogroms against the Tamils and the Muslims are many and it is clearly visible to the world that the initiators are always the Sinhala Govi politicians and their minions who act with full protection coming from the President and the Prime minister covering them from any legal or criminal prosecution. This is what can be called as the “State Terrorism” conducted according to their agenda. The Govis have created separate Terror outfits to fulfill this aspect and the unceasing waves of anti Minority pogroms is a reminder of the nature of their evil methods and ways. JHU is the umbrella organisation of all the Sinhala Buddhist Racist groups created for this purpose and it is always safe for the Govi bosses to direct the blame to these terrorist units absolving the Govi bosses from the responsibility of their criminality. The JHU is a Israeli trained Sinhala Govi Mafia outfit always having a say in any government that is coming to power with a Govi head as the ultimate leader.

    • 0
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      Coming to the point of Mr. Nagananda about the responsibility rested with the Lawyers to fix the problem, it is the legal business community which is responsible for subverting the system of governance in this land from the independence. JR, Colvin, and the fake lawyers in the Rajapaksa clan are the biggest Govi criminals who criminalised the political system for the survival of the Govigama hegemonic agenda. All of them never had any remorse or any sympathy in destroying the system that later became the monster which has costed thousands of innocent lives and properties and bungling the state resources used and abused for their personal benefit. Govi criminals needed the cover and a 007 licence for their killings… So, the Govi Colvin and Sirimavo brought the 1972 constitution with draconian laws tha removed protection that was prevalent in the protection of the minorities.

    • 1
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      Any critical thinking person can notice how the Govis are playing the game to fool everyone. Recently we all heard a news item that the Sinhala Crypto Jew Ravi Jayawardenes son (the grandson of JR – Jewish Radical Jayawardena) declaration that he is joining hands with Mahinda to save the country…. This is another WTF moment of our lifetime. I mean, how could a grandson of a UNP stalwart joining hands with a known criminal like Mahinda Rajapakse to save anything….. These bastards are playing with our minds. It’s a social engineering program to keep all of us, the tax payers dumb. This phenomenon also is a clear indication that there’s no real division or difference between the two Govi Criminals parties (UNP and the SLFP). The Govi Mafiosi do not want to see Mahinda destroyed but rather given full protection and a little boost when the people support begins to fade on him. After all, he is another experienced criminal Govi ya.

  • 7
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    The perennial problem in Sri Lanka has been that there are not only political crooks but also judicial crooks. Who guards the guardians of justice? The judges are wolves in sheeps ‘clothing. Judges have been appointed by political crooks and the whole system has been perverted.

  • 4
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    Nagi, I whole-heartedly admire your honesty and courage (Veeriya Indriya Balaya). May you be well and peaceful and free from sufferings to continue the work you are doing for the sake of your mother land. Happy holiday season. A ‘kalyana mitta’ from R’pura.

  • 2
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    Okay Mr Kodithuwakku, what do you recommend the sensible people of this country do with our vote? In my view, the UNP is the only practical option we have to take this country forward and if the UNP loses a sizeable portion of it’s vote, then the fanatically loyal bloc of the Rajapaksa family will bring them back into power?

    • 2
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      Sri lankan politician have wrecked the system unbelievably. I read, Railway dept, Teachers or education dept all have political authorities appointed. that is to set up block votes for the governing party. Other than that, voters does not give hoot about these thieves, whether they getting abused by politcians. Politicians are dumb rats, they keep on politicizing and now the country has come to the break point. IMF and the west have understood it. that. What we need is a leader who can govern the country and not idiots who thinks, just by giving everything voters would rally around them. CBK proved this by saying she gave jobs to people but no one voted her. Anyway, we need to get rid of thieves, rats, cheaters, and incomptetent sloths. A new front need to change the system, by pruning the top. Other wise, 94 O/L failed politicians, National list MPs are all useless. Can the 94 understand what IMF is doing what Ranil did with the central bank. THEY ALL TALK ISSUES AND NOT THE COUNTRY AS ONE SYSTEM WHICH HAS GONE WRONG VERY BADLY. iF nAGANANDA kODITHUWAKKY IS INTERESTED JOIN A WINNING PARTY BUT WITH CONDITIONS. YOUR OBJECTIVE SHOULD BE TO SCREW THESE RATS AND JAIL THEM. THEN RECOVER THE LOOT. tRY AND SEE WY IT LOOKS IMPOSSIBLE FOR THEM. What I heard weak politicians see only the difficulties and they do not understand that they are the law makers. Instead they behave like weak executives controlled by IMF, the west and India.

  • 4
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    Oh my dear friend. You are telling that the black Coates of SL are clean, my foot. They are on top of the corrup heap of a mountain. I for don’t have any pity for these greedy useless two leg buffalos, at lest the foul legged ones give milk, flesh and plough the files. These despicable lot know only how to flees the poor litigants and suck their blood. They take big part with politicians in the game of corruption. The day, they get cleaned, the sun would come from the opposite direction for all these are dreams.

    • 2
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      cant agree with you more.

      IF THOSE MEN IN BLACK COATS would have been like Lee quan yu… things would have ended up in good shape for the country and nation.

      Ours average mind sets would take even more decades to see it right.

      This nation has been world champians when it goes for Corruption. No matter what education they have obtained. What family they come from:

  • 2
    1

    There are only a few people lie you. If you expect Other lawyers to support you in your endeavour, you are crying for the moon.. in Tamil it is said’ Illavu Katha Kili’ meaning. (Meaning a parrot awaiting with hope to eat the green Cotton Wool Shell when it is ripe.). Lawyers are only interested in’ Dating Their Clients’

    • 3
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      K.Anaga -This attitude of ‘resignation’ sustains corruption.

    • 1
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      Few good people have been there from that day on.

      But their thoughts and minds have been discriminateds since punnakku eating masses have not senseed it yet. That is the disadavantage of so called democracies.

      Germany s SPD (social democractic party) style politics would be the great match to a country of lanken style.We need a leader that would not leave the public more freedom.

      So long more freedom is given to the folks, the nature of their behaviour to become animals seems growing more.
      As no times in the country, today, most of them

  • 1
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    There are only a few people lie you. If you expect Other lawyers to support you in your endeavour, you are crying for the moon.. in Tamil it is said’ Illavu Katha Kili’ . (Meaning a parrot awaiting with hope to eat the green Cotton Wool Shell when it is ripe.). Lawyers are only interested in’ Dating Their Clients’
    (Not Duplicate)

  • 3
    1

    Jim Softy

    It is not my fault for readers not paying attention to what is happening to the matters that I have initiated in the public interest. MP tax-free car permit abuse case is not over yet.

    In March 2017, when the case was presented with irrefutable evidence, the Corruption Commission was compelled to give an undertaking to the Supreme Court to conduct a credible investigation into this abuse which they never did. They simply deceived the Court and the people. Now the matter is reinstated with a request to punish the thee Commissioners of the Corruption Commission for deceiving the Supreme Court.

    Click the following like for the Petition filed in Court on 31st July 2017

    https://www.dropbox.com/s/yngyjlezf8jh6tj/2017-07-28%20-%20CONTEMPT%20PETITION%20%20.doc?dl=0

    • 1
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      I was just asking. because, Sri lanka is unbelievably deceiving. No one can be trusted. MY3 is saying accusations are the work of saboteurs. of his govt. Ranil is just saying another lie and try to cover it up by bringing something new

    • 1
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      Mr. Nagananda, Jim Softy must be stalking your social media activities and your posts on VOC and getting worried that his employers might get into trouble as a result.

      Keep up the good work.

  • 3
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    Mr Kodithuwakku

    I have always admired you for coming forward to hold those in high places responsible for the mismanagement, corruption & injustice in this country through legal channels, while most of us are able to show our displeasure only in words. I found your campaign against the unfair privilege of duty free & duty concessionary vehicle permits highly commendable but, unacceptable & even laughable as it is, the former President made it legally possible, therefore, to a non legal person like me, selling the permit or transferring a vehicle to a new owner as soon as it is cleared from the port, is not breaking the law, therefore, I have to accept it, like it or not. Of course the revenue loss for the Govt. & the privileged people making handsome tax free profits while the average person has to fork out hard earned money to pay the exorbitant import duty because of an absurd duty structure is another matter.

    As we can all understand, the judiciary also benefits from these perks, while others, including the guardians of the law, are happy to accept scraps thrown at them. It is becoming a dog eat dog world. So how did we come to this stage?

    Our education system is all about passing exams but apart from the academic content, the system has not been able to instill professional pride, integrity, humanity & ethics. Ignoring the fact that a considerable proportion of the parliamentarians are uneducated yobs, we only have to see the conduct of ‘educated’ ministers, such as, RK, Senasingha, etc., especially the products of elite schools, to realize that the education system has failed. The average man on the street can be easily swayed with nationalistic feelings, the trump card with cheap politicians all over the world but until we have a leader who has the guts to remove all the perks the politicians enjoy today, bring in reforms to end nepotism & cronyism (starting with the President), cap election expenditure (as in UK), disclosure of wealth of politicians & their immediate families, etc, we will have thugs, yobs & opportunists in an inflated Parliament. Can there be such a radical change in our politics?

  • 4
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    M.Basanayake….. UNP is the only practical party?? My foot.
    It did not take them 40 days after coming to power to loot the CB.
    Within (01) year screwed workers EPF fund.

    Do you expect the workers and people on the whole of this country with sane minds to back RANIL WICKLIN’S UNP ??

  • 0
    0

    We have seen over the past decades how the so designed “Independent Judiciary” has been put into disrepute, willfully and design by the Legislature, Executive, Judiciary and it’s custodians Judges, Law Enforcement Agents and the practicing Legal Community. All these classes of people must bear the blame for the sorry and disdainful state of affairs in the Judiciary. Take for example the case filed by Mr. Gotabaya Rajapaksa in a court claiming redress from being taken to task for “Misuse” of Public Funds in constructing a “Memorial” at a cost of Rs. 90 million in honor of his parents. This court action has “prevented” so far, the Law Enforcement Authorities proceeding with action against the person who was responsible. It is very clear that “PUBLIC FUNDS” have been utilized for this work. Isn’t it a SOCIAL OBLIGATION and a DUTY of the Law Enforcement and the Judiciary to investigate and find out how that PUBLIC PROPERTY viz. the FUNDS that were lying at a PUBLIC AGENCY have been “CONSUMED” to erect “MEMORIALS” in memory of some parents of Political Leaders and Public Servants? What I am stressing here is: All parties mentioned above have a MOREL, SOCIAL and DUTY OBLIGATION to uphold the sanctity and independence by PROTECTING and PREVENTING the USE and ABUSE of PUBLIC PROPERTY. On the other hand, if the very custodians, viz. the Political, Executive and the Judiciary act in impropriety shouldn’t the OWNERS of such “PROPERTY” waste time in taking punitive action? I say, certainly NOT. So, make a NOTE of all these “CULPRITS” and when the time comes use that “WEAPON” – the VOTE very decisively to oust , chase and seek restitution of the LOOT. Mr. Basnayake: That is the only answer to your question posed in your comment.

  • 1
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  • 4
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    Sri Lanka is where it is today because of its shortsightedness , race and religious based thinking and there is enough blame to go around.

    Corruption in every public sector is the norm and not the exception. In today’s Sri Lanka a child steals coconuts for survival and ends up in custody while a politician or an appointee steals or misuses public funds and a court of law issues a stay order impeding on another dept doing its job.

    Politicians could be voted out but what could you do with individuals employed by politicians in sensitive positions not because of their ability, education and on their own merit but as political favors. These people are in debt to the politicians even after they are defeated by the people. There lies the problem of not being able to solve countless number of cases from fraud to murder.

    People with honor and integrity will do their job irrespective of the consequence. Look at what happened with Trump and Comey? He wanted to drop the case but Comey decided to do the job entrusted to him to the best of his ability. He lost his job but not his integrity that is because he had one. Going back to Nixon. Elliot and his deputy chose to resign than follow an unjust order.

    We saw what happened to the AG and SF under MR . Why? People in position owe everything they got to these corrupt politicians.

  • 1
    2

    Dear Dr.NagaAnanda KodiTuwakku,

    Are you a real patriot or a smart patriot like Dr.D.J ?
    Presume you are the first. You see SriLanka is a Buddhist Country with 2500 yrs of history. Buddhism came from India.
    India is a secular state. In Sri Lanka Buddhism is the state religion with state protection guaranteed by laws.

    Mahasangha is inseperable from Buddhism in SriLanka. So Mahasangha is supreme. Even SWRD had to prostrated before a member of the Mahasangha before he was shot. D

    So do not you think Maha Sangha should lead the mission and not you in eradicating corruption but you can pkay your part as a real buddhist and a citizen.

    By the did you work hand in han with Ven Sobhita and Ratnsara Theros prior to 2015 Jan 8th. ?

    Corruption is just corruption or have many facets like material corruption and moral corruption and many others.

    Do you think SL Buddhist Mahasangha is free of all versions of corruptions ?

    Mahasangha is supreme or judiciary is supreme or politicians are supreme or cirizens are supreme ?

    Sovereignity of SL encompass what & what & What and so on ?

    I suggest to you , for enlightenment on corruption in SL you approach Sarath de Alwis or Ven Theros like Late Sobhita and ask them to conduct night classes for you.

  • 2
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    There are two things needed for Sri Lanka’s corruption to be ended. The cleansers must be incorruptible and they must be in power. All our posters will be long dead before that happens.

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  • 1
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    Now he is whitening him with once again with his anti-corruption campaign. He has recognizing well how the Yahapalanaya tabled the Law and Order and won the election with the promise of “No leader, no commander and no Soldier“be prosecuted. Sinhalese are openly asking for one law for them and another for others. This is well recognized by DS, SWRD and the all other eventual mushroom SWRD imitators.
    It is not known if Nagananda had verified the laws of the country from where the money was brought in or if he had acknowledged to the law official of that country the compromised situation of his client, irrelevant of Lankawe as he accepted Lankawe as a corrupted country. Now, probably to mix the thuggery with corruption, Nagananda, who a man opposed a woman being appointed under 14A, is calling the true sons of the mother to come out to her defense. In Tamil they say “Kollai Addippon Valalai Pole, Koyilai Iddippon Samiyai Pole”. (The night time burglar poses in the day time as philanthropist and the one demolishes temple seeking treasure hunt is posing as the sage). SWRD was washed off by the flood he let in by opening the flood gate, “the Anti-Tamil racial hates”. But the SWRD mushrooms emerging on the flood washed land are poisoning the land once more.

  • 2
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    The first paragraph of the article is the true description of the current state we are in. We, the Lankan silent majority agree..
    Corruption has almost become the only way to ‘get things done’. Nagananda Kodituwakku is trying to change this.
    From some comments, one sees the nit-pickers at work. This lot is only a source of annoyance but the real damage comes from those who claim the former regime is lesser of the two evils.
    Nagananda is putting his own time and money to rectify this major ill in Lankan society. We must thank him and support him in this noble endeavor.

  • 1
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    What happens when politics is mixed with judiciary. Now imagine not having a system to vet:

    https://www.youtube.com/watch?v=_Hpzx7eJ6c4

  • 0
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    how can you ask the corrupt to combat corruption.Don’t be a fool naga.Be practical.A complete overhaul is needed in this corrupt country.First of all get leaders who are not corrupt because culture permeates downwards from the top.When the No1 (russian frigate)and no2(bond scam)are corrupt what can you expect from the rest of the country eh?naturally the judiciary also will be corrupt.

  • 0
    0

    I do my utmost best for my motherland. Every citizen has a duty to get rid of the criminal elements occupying office in the Legislature and the Executive.This cannot achieve without restoring the Rule of Law, independence of judiciary. Unless we stop intimidation of judges by corrupt politicos one cannot expect the judiciary to perform its duty without fear or favour and the Nation will continue to suffer in the hands of criminals who rob the nation with total impunity. I know what I engage in is a very difficult and uphill task but I possess the required character to do it, expecting no return at all.

    I also know utterly self-centered people consider me as a threat, that is normal and it happens all over the world. But my main concern is the so-called ‘learned people’ who see the Nation going down the drain, but still prefer to enjoy a long sell of hibernation.

    • 0
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      naga,you are right.You seem to be the only person who is fighting back which is surprising.what are the others doing?sleeping i suppose,though they must be disgusted.i think you need to have a good organiser as your right hand man to rope in some more like minded citizens.You must be up to your neck with with your lone battle and can’t do this too.So seriously think of getting a good person to help you.He should have good organisational and interpersonal skills.

      Naga,on behalf of all the citizens of this country i thank you for what you are doing.

      You remind me of one of my favourite guys i used to read when i was small,the Lone Ranger.That and Tintin was my ones i used to read over and over.

  • 0
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    Do you have any intention to contest elections. Is pilapitiya a good man ?

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