27 September, 2020

Blog

Rule Of ‘Aiya-Malo’, Instead Of Rule Of Law

By Laksiri Fernando

Dr Laksiri Fernando

It was in fact a sad day for the whole of Sri Lanka and all Sri Lankans even living abroad. Some may rejoice with short-sightedness or blindness because of some political affiliation or past loyalty on the order to remove the Chief Justice. The propaganda was so vicious and so venomous that some people must have believed that the Chief Justice was a villain or a conspirator. On the contrary her resistance and defiance were admirable in the midst of all the odds and vicious and violent campaigns.

The indecent hurry shown by the regime to serve the impeachment order has already demonstrated the vicious political intentions behind the whole drama. Even in Saudi Arabia it took over a year to implement the execution order of Rizana Nafeek. Within hours after the thoroughly unconstitutional Parliamentary debate, the President Mahinda Rajapaksa has signed the removal order in Sri Lanka. It is the same President who talked about appointing an Independent Committee few weeks ago before he takes any decision on the impeachment initiative. What happened to that Committee, Mr President, one may ask?

No one has to believe that the CJ has been white as a lily, as SL Gunasekera has pointed out. That has never been the issue. She should have been given a fair hearing and a fair trial. That was the issue. That was her pleading also. Of course one can also look at the charges or the facts presented by the accusers. But no one could come to a final conclusion without a fair judicial process on such matters. Whatever the mistakes that she has been implicated of are not one sided. The government is equally responsible, if not more, for those deviations. This is a Chief Justice appointed by the President just one year ago and called Ape Minissu or our people. As Prof Tissa Vitarana, a Minster of the same government once correctly remarked, this questions the procedure or the validity of appointments by the President.

The whole governing system is full of ‘conflicts of interest’ and dubious dealings par excellence at the expense of public interest. If the interests between the CJ and her husband or the CJ and her sister were in conflict on several matters, no doubt, how you could resolve the conflicts of interest between the President and the Speaker, the President and the Defence Secretary and the President and a key Minister of the same family? How can the President or the others be impartial and fair to each other or to the public? How can you prevent them being cohort in misusing and abusing  political power as a clique or a family since many others in the same family have been appointed into key positions in the governing system?

No one can say that we need higher standards in the judiciary, but not necessarily in politics. This is not correct although politics has been overwhelmingly accepted in Sri Lanka as ‘dirty’ and dirty to the core. ‘Nepotism’ is more dangerous in politics than in any other public sphere especially when the networks created are to do with holding and amassing power if not wealth. This is exactly the case in Sri Lanka today. This is not simply a matter of few members in the same family engaging in politics or holding even some key positions i.e. DS and Dudley, JR and Ranil and Chandrika and Sirimavo etc. As we know, in the past, those members in the same family were not even ‘seeing eye to eye’ with each other i.e. Chandrika and Anura.

This family is however different. We have come to a new era in family politics surpassing all the others. This is perhaps what it meant by strengthening the ‘family institution’ in the Mahinda Chinthana Manifesto! It is right there at the beginning of the so-called Chinthana. There is a clear pattern of control by the family even far exceeding a country like North Korea. This is good for an illustrative organigram or organizational chart of this family rule although I don’t have time now to do so.

At the top of the ‘pyramid’ is the President, Mahinda Rajapaksa, perhaps becoming only a figurehead or Bonaparte. Then on the left side you have the all-powerful Defence Secretary, Gotabhaya Rajapaksa, with ‘dwifungsi’ or dual-functions of the past Indonesian style military rule. He is encroaching into the economy and the public service and already his ministry is called the ministry of ‘defence and urban development.’ Kusal Perera has given a detailed exposition of the military encroachment in the system recently. Then in the middle is Basil Rajapaksa with newly acquired Ministry of Divineguma controlling virtually the whole of the economy. Even he can now expropriate private property under an act passed over a year ago in the name of development. This is something Dr Harsha de Silva time and again emphasized as a major danger. Property might be acquired for the family rule. Then on the right is Chamal Rajapaksa, as the Speaker, now virtually controlling the entire Parliament encroaching into the sphere of the judiciary. This is the rule of ‘Aiya-Malo.’

What more to control? Only the judiciary is left. Could anyone dispute this? I am not the first one to say about the family rule, but had some restraints myself as an academic to say it so bluntly before. Tisaranee Gunasekara has elaborated on the matter several times quite eloquently. Now the circle is complete and the red-line is passed. I was also partly ashamed, to reveal frankly, as a former supporter of the UPFA to see the dramatic change aftermath of the victory over the LTTE. The victory of course was necessary but the nature of the victory indulging in war crimes and blatant human rights violations perhaps is one reason for the present dramatic change. These things could happen in politics and the important necessity is for the former supporters of the UPFA to understand the change and understand it as quickly as possible. It is a qualitative change and not a marginal one anyone could ignore. The family rule is their defence mechanism. At least three brothers might be directly responsible for many of the atrocities and the other brother is hell bent on saving the siblings.

This is no longer a UPFA government in its true meaning. This is a Mahinda-Gotabhaya-Basil-Chamal (MGBC) government. All those who blindly supported the utterly unconstitutional unwritten ‘impeachment motion’ are mere puppets minus the two family members (Basil and Namal).

Let me give the most recent example in respect of the impeachment. According to the UNP General Secretary and MP, Tissa Attanayka (Daily Mirror, 13 January 2013), there was no ‘impeachment resolution’ in the Order Paper of Parliament although there was a scheduled debate on the PSC Report. As reported by the Daily Mirror, “He [has] said Parliament had not made any request for the President to remove the Chief Justice, as such, a resolution was never included in the Order Book.” Then who requested the removal of the Chief Justice? Apparently it was the elder brother of the President, the Speaker, Chamal Rajapaksa! His word is the Order Paper or the Address of Parliament. This is the consequence of ‘Aiya-Malo rule’ (brothers rule) and not the rule of law of the country or the constitution.

This is not the first time when a key Rajapaksa appointee was demoted/removed after stepping out of line and then hounded upon. But this time it will be different. First it was the Army Commander, Sarath Fonseka and now it is the Chief Justice, Dr Shirani Bandaranayake. Both fell foul with two Rajapaksa brothers; first one with Gotabhaya Rajapaksa and the next one with Basil Rajapaksa. There cannot be any doubt that it was the Supreme Court decision on the Divineguma Bill that decided the fate of the Chief Justice and even her husband. All the facts and charges are supplementary and subordinate. It was after the first decision that the husband was charged of corruption and it was with the second decision that the impeachment charges were brought before the Parliament. It is also not a coincidence that the impeachment debate unleashed in Parliament only two days after the clipped Divineguma Bill became passed with an uneasy two thirds majority.

But there are definite limitations for the Rajapaksa rule however much they rely on coercive power and extra-legal violence of the political goons. This is not Burma or Indonesia. The democratic traditions of Sri Lanka are more profound and long standing. Unlike when Sarath Fonseka was hounded, the judiciary backed their Chief Justice perhaps realising the dangers for their own survival and also as a matter of principle. This is quite unprecedented in a case of an impeachment anywhere in the world. Nothing similar happened when Fonseka was victimised. It was unfortunate that the judiciary could not back him. There have been many omissions and commissions on the part of the judiciary itself that have led to the present predicament.

As far as the present circumstances are concerned there are immense dangers for the rule of law that we and many others have discussed previously somewhat in detail. The most dangerous would be the appointment of a known stooge as the next Chief Justice. They are obviously short of a ‘Rajapaksa’ to be appointed as the next CJ but someone closer to them can be appointed; a Rajapaksa not by name but a ‘raja-paksa’ (royal loyal) by deed.

Some of the encroachments to the rule of law so far have come from the Parliament itself. The Parliament has refused to abide by the rulings of the Supreme Court and the Court of Appeal on the matters of the impeachment process. This has made the impeachment ‘illegal’ and ‘unconstitutional’ leading to a constitutional crisis although the President has endorsed the decision. Clamouring about the non-existent supremacy of Parliament is not going to resolve this situation and instead it would aggravate the conundrum.

No one is saying that the judiciary is supreme than the Parliament. None is supreme under the constitution other than the people of this country. Even otherwise the people are supreme who can change or create constitutions through peaceful and legitimate means. There appear to be considerable distortions in the representative character of the present Parliament leading to the present situation. This is apart from what has been said time and again about the distorted PR system in the present constitution. The major distortion has occurred through bribing and buying of opposition MPs to the ruling coalition contravening the letter and spirit of the representative system in the country. The present two thirds majority in Parliament is an artificial creation.

The judicial rulings or reviews are a matter of checks and balances in the constitution that all Members of Parliament have taken an oath of allegiance to obey and follow. The Speaker has instigated the Members of Parliament to disobey the rulings that are part of the rule of law. Even the main opposition party, the UNP or its leader, Ranil Wickremasinghe, seems to be trapped in this government quagmire. No one can deny that it is the Supreme Court and the Supreme Court alone that can interpret the constitution according to the constitution. If there is a disagreement or a doubt about the correctness of such interpretation, an appeal can be made to hear the matter again with an enlarged bench and perhaps of all the judges of the Supreme Court sitting.

Instead, the Parliament has opted to sit as a court of justice to find the Chief Justice guilty and ask the President to remove her. A Parliament’s role in an impeachment process is different to a court of law or a judicial procedure. It is only after a positive judicial finding that a motion of impeachment should be passed in Parliament. The Speaker has opted to interpret the constitution and ask the MPs to disobey the court rulings in this respect. This is not the rule of law but the rule of ‘Aiya-Malo.’

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Latest comments

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    Let us see how many of those so called Government and alliance members of the parliament are going to resign from their posts to show that they are against the impeachment of the CJ. IF they do not resign or at least move over to the opposition (not to UNP as UNP is part of the alliance sitting on the opposite side) then we can judge what their true motivations are.

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    Whole system is being manipulated to suit the family business. All the supporters are mere tools and fools. Cheering and eating kiribath for the fall of democracy and rule of law, whereas in other countries people are sacrificing their lives and blood to get rid of such dictators.

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      Citizens of Sri Lanka this is what we have achieved from the war
      victory. ” Mara brothers and son” in exchange for” Prabakaran and
      tigers”. Both have destroyed our land. Kiribath was eaten when tigers
      were defeated .. maybe ..just maybe the gods will bless our
      motherland and we can all eat kiribath again !!!

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        Yes, we can all eat kiribath while the Rajapassa’s can eat pigshit which is GOATA’S favourite dish!!

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      Agreed.

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    Dr Laksiri Fernando,

    I quote the following sentence from your article above.

    “the Parliament has opted to sit as a court of justice to find the Chief Justice guilty and ask the President to remove her”

    This means that either Parliament and or PSC had sat as a court.

    And so the members of Parliament/ members of PSC constituted the Panel of Judges.

    if they are judges even for a short period until the conclusion of the trial, they have to be independent and impartial.

    They cannot prejudge or influenced by others outside the court even if the other is the President of the country.

    Each one of these judges should individually and independently have to come to a decision after examining all the facts and evidence presented before them.

    The members cannot act as members of a political party.

    But in this present case, I find the President enforcing the party whip? And orders all his party members to vote in a certain way and allow the left leaders to abstain and as a consequence the members did accordingly.

    Even the UNP enforced the whip to vote against the impeachment

    This is not a moral, but legal question

    How could one reconcile with this behavior.

    Could you or anyone else clarify the correct position?

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      Srikrishna,

      It was travesty of justice. No politician can sit as a judge. In the present case we could see the complainant, the investigator, the prosecutor and the judge, all in one. In answering your important question, I can only quote what MP Dharmalingam (Manipay) said in February 1978 when two editors were brought before the Parliament for breaching of Parliamentary privileges.

      “We must not forget that we are politicians. We are not judges nor are we trained to judge offences or offenders. We always think on political lines. Our thoughts are, if I may say so, clouded by politics…. We are not judges. We do not give our minds to these matters in a judicial manner. We look at these problems in a political way.”

      Laksiri

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    The basic problem lies with the type of people we elect or permit to enter parliament. The late Sir John, in his inimitable (and alas, abrasive)way said in 1956 that former ‘tree climbers’ had been elected to the House. Behind that blunt and insensitive remark lies a great deal of truth. The men and women we send to Parliament should be people of integrity and decency and honour. Today it is not so much ‘tree climbers’ who are MPs but drug peddlers, thugs, crooked businessmen and the like, men and women who are prepared to sell their souls, be happy to trade in their consciences for immunity from prosecution and so on. To expect them to conduct themselves honourably or honestly is asking for too much.

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    THE JOINT OPPOSITION (which MUST not included JUDAS Ranil Wickramasinghe who is tacitly collaborating with Rajpassa) MUST NOW CALL FOR THE IMPEACHMENT OF CHAMAL RAJAPKSE and MAHINDA RAJAPKSE and start a campaign to educate the people on the CONSTITUTIONAL CRISIS.
    Mahinda and Chamal Rajapakse have run a KANGAROO COURT in parliament AND IMPEACHED THE CHIEF JUSTICE. In so doing they have brought great harm and disrepute to the judiciary and legislature and executive office and violated the trust of the sovereign people of Lanka who had elected them for a limited time.

    Chamal Rajapakse and Mahinda Rajapakse must be IMPEACHED!

    • 0
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      Not impeached but they both should be beheaded to have paved the way the lawlessness and anarchic situation

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      Surname – Rajapakshes will become the most hatred word (most disgraceful words) in the lanken vocabulary soon – comparable to the name of Prabakaran after every bomb blast that he triggered.

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        Lawyers^collective should make the general public of the country well aware about the paragraphs that describe about the impeachment of the CJ. Right at the moment, over 95% of the folks are not aware how it should be in case the CJ should be impeached. I mean how the process should have been run – and how the uneducated buggers have carried out. This difference should be made clear to the many – then people would understand their might making right.

        State media has been used for their sake to propagate all the wrong side of the CJ – but the real story is kept hidden. Not only CJ but also anyone whose close relatives live in abroad could do the same kind of purchases easily. Those are not at all proved evidences to sack her accusing her of being corrupted.
        If this is their reason, President as the lead of this process should declare his assets, before an another their candidate being appointed for the position.

        Continuing his abusive manner, he comes with state media, asking BASL not to denigrate the Judiciary ? This man should be complete mirror image of the NOTORIOUS MERVIN SILVA. Latter preached BUDDA bana – while running contract killing events. This is unfortunately the fate of OUR NATION right at the grave moment.

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    What is highlighted here is that a fair hearing was not given. Good! What is the standard of a fair hearing and fair decision making.

    Let us go a little bit into the history of an instance where a prominent professional filed a divorce petition against his wife and made a then sitting judge of a court of superior record, a co-respondent. A counter claim was filed seeking a hefty sum as damages. The latter claim was taken first and decision was given awarding damages. It was also decided that should the first petition be withdrawn then the petitioner need not pay damages. Oh! my god! Where was the fair hearing and the decision making!

    A big story can always be told that there was no justice and fair play. But remember that is what judges must do. If you go through the recent past delivering that kind of justice is an exception rather than the rule.

    In case of judges of superior court of record, they were always vulnerable. The Soulbury constitution only required an address of Parliament, passed by both houses of representatives and the senate to remove judges of superior court of record. The 1972 constitution only required an address of the National State Assembly to remove judges of superior court of record. 1978 constitution has some procedure to remove which is little better than the 1972 constitution or the 1948 constitution.

    But remember, in a regime any of these constitutions should the judge has a smudge in his or her record then he/she cannot give judgments according to the conscience. So if there is a political will to have an independent judiciary then please appoint people of an impeccable record.

    • 0
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      Well said!

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    Park – My friend you are kidding. Do you think that these “vultures” will fly away leaving the “kill”? They are feasting on the kill day in an day out. Where else they could find such a feast? They even got legal status from Ex-CJ Mr. Sarath N Silva to fly away from one nest and sit on another’s nest to receive all the perks, but of course to give the 2/3rd majority without batting an eye lid. The maximum they do is to raise the hand and say “YES” to anything and everything that the Government wants to do.

    So please be aware of the present and do not wish more than that.

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    I feel that the former chief justice should have been given an opportunity to properly defend herself before being sentenced.

    That should have included a properly constituted panel of judges familiar with the law.

    If local ones could not be trusted due to siding with their chief, then foreign volunteers, like retired judges from Malaysia, Britain, New Zealand and Venezuela could have been recruited.

    For the sake of transparency, all proceedings should have been depicted in the public domain via live television coverage. Then, the decision of guilt or innocence could have been arrived at, in a fair and just manner.

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      It’s good to have different views in any fora, but Mr. Pethiyagoda with your comment “I feel the “former” chief justice should have been given …” and other sentences it appears you are a bit ( do you need more time to get the meaning of this word?) slow to realise some basic facts. This is striking as you have been commenting and correcting others comments.

      One key example is your reference to Grusha in caucasian chalk circle. I extremely doubt the facts in your comment that, Grusha first tried to hold on to Michael, actually in and figuratively, as none of the english/german and sinhala versions have any reference in the choreography nor script. and, with that, you tried to kill that writer’s main argument, and that’s not acceptable, as it’s without facts.

      To put it simply, while being slow to grasp and then distort them, pl. don’t try to display scholarship/insightfulness which is actually not there.

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        dear anaperera, I totally agree with you.

        Generally it is unfortunate – since he apears to have his heart in the right place – that Lasantha Pethiyagoda’s remarks appear to be unbearably condesending and up in the air!

        You have summed that up very well!

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        I am unable to accommodate everyone’s wishes when I write. I am not sure you can, either…

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      The Ex CJ should be glad that she was only removed from the post she got from MR.there are loads of sri lankans who lost their lives on mere suspission,where was this so called judisary

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    Dr. Laksiri Fernando:
    You mentioned: “This is apart from what has been said time and again about the distorted PR system in the present constitution. The major distortion has occurred through bribing and buying of opposition MPs to the ruling coalition contravening the letter and spirit of the representative system in the country.”
    Who really created this situation of distortion. It is the Judiciary, under Sarath N. Silva that created it. Under PR, when it’s clearly stated that a Member elected from one party abandons it and looses membership of that party, he/she looses his/her elected membership in the Parliament. But Sarath N.Silva ruled it otherwise. That created this distortion. So the Judiciary is reaping what they sow, thanks to SNS, who now is the savior of this regime’s theories of “Supremacy of parliament.

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      Dear G Pandith, The role and impact of Sarath Silva in bringing about this situation still has to be seriously studied. This man has done huge harm to the country and like in the case of JR Constitution – that harm will be realsied little by little, only years down the line.

    • 0
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      Hey Hey well said Sir

  • 0
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    To win the second battle against injustice and protect her from harm a strong SOLIDARITY MOVEMENT has to be built up nationally and internationally.

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    What happened to the committee the President promised. If W.Dahanayake would have been in Parliament today he would have come out with a celebrated rhyme followed:

    “I do not love thee Mahinda dear,
    The reason why is very clear,
    I do not love thee Mahinda dear,
    Because you change from week to week”

    Anandi

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    SIR,
    The PYRAMID SYSTEM IS PROHIBITED IN WANDER LAND OF UNIVERSE,.
    SO HOW THE BUTCHER’S FAMILY MAINTAINS THE FAMILY PYRAMID SYSTEM TO SURVIVE.

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    Interesting. From Uncle Nephews Party (Maamala Baenala) in the 1948-56 period to Aiyala-Mallila-Thathala-Siyyala now and for sometime to come – thanks to the 18th amendment.

    As Bhaila entered the last Parliament, it is now “kaapala beepalla joli karapalla…”

    Senguttuvan

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    If madam CJ Shirani Bandaranayake Gives up her post, It will be a slap on Democracy, Justice,Independence and Freedom on all of us Sri Lankans.

    Therefore it is the duty of all Citizens, Lawyers, Judges, Judiciary, Clergy and the Trade unions to PROTECT HER.

    Upto now Madam CJ has stood against Tyranny and should continue to do so.

    President already is a Spent force and International Community has made him a Pariah state . Also he is loosing ground both in Intellectual,Educated, Clergy,Opposition and Peasant communities.

    At the moment President and his Brothers follow the China Doctrine.
    After accumulatiung closer to One Billion US Dollars from the Sri Lankan society and from Illicit business deals, Rajapakse Family was looking for ways to hide this loot, and China came as a Guardian Angel and a golden opportunity.

    Kicking out CJ and guiding University Leadership (Military) training, Military training for Tamil women, military personnel teaching in Nothern schools,Military suites for school heads, white van goons, recent using Govt.marauders to intimidate CJ Bar Association lawyers and supporters who were protesting against impeachment were all are acts similar to China Tinemen Square Massacre and intimidation tactics,……and having fake meetings with huge publicity, displays of MARA Family Cutouts, posters, foundation stones Laid all over country with much Funfare are all part of the China Panda…and…China Dragon Game play to deceive public.

    There is no doubt that there is a clear genetic disorder in the Rajapakse Family….where some of the siblings looks Malay/ Muslim features. May be a DNA teast could prove it.
    Please watch the following Videos:

    http://www.youtube.com/watch?v=sTqO3jshilw
    http://www.youtube.com/watch?v=zOz8P_iMPtI

    This is all MARA family did by importing Mercedes Benz, BMW’s and Lamborginis brought to give to His Family Members, Party Goons and Buddhist Clergy and Preletes to Lure their support for MARA Family Dynasty with our poor innocent Children and women sent to Middle East to earn Foreign Exchange for his pleasure.

    70% of people still live below POVERTY LINE AND MOST OF THEM LIVE IN HOUSES SIMILAR TO VEDDHA (NATIVE) COMMUNITY LIVE……60 YEARS AFTER INDEPENDENCE.

    Be your own Judge.

    HELP OUR CJ TO STAY IN HER POSITION FOR OUR GOOD…..AND IMPEACH MARA FOR ROBBING TSUNAMI POOR PEOPLES MONEY DONATED BY INTERNATIONAL COMMUNITY.

    Thank You.

  • 0
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    Lasantha Pethiyagoda says,”I feel the CJ should have been given a fair hearing.” There is nothing to “feel” here because that is fact as it is the law and the constitution. The violation of that law is the basic problem. Rajpakse did not want CJ given a fair trial because such a trial would not have given him the result he wanted.
    I think you are trying to sit on the fence and make pretence of scholarship, Lasantha.
    Come on Lasantha!

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      I feel what I feel, whether one likes it or not…

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    The country, that was in a chaotic condition because of the thirty-year war, desperately expected to return to peace, but self-seeking politics and governance which have been the cause of all the problems and conflicts over the last sixty years is not willing to provide the needed space for peaceful living. This politics wants and manipulates problems to multiply and conflicts to continue so that the stake holder could enjoy the benefits of corruption that they reap in the situation.

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    Anandi – Instead of week to week, it is in accord with rhyme to say
    “from year to year” which I think is what old Daha sang. Nonetheless.
    thank you for unearthing this delightful verse.

    Senguttuvan

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    Yes Bring MARA family, Parliament and party goons under “Sharia Law”

    70% of population live below poverty line……LOWER THAN AFGANISTAN.
    60% people live cadjan houses similar to VEDDA (native) COMMUNITY LIVE
    50% CHILDREN UNDER MALNUTRITION…..ALL AFTER 60 YEARS OF INDEPENDENCE.

    1)Supreme Court should take over Parliament Ministers Duty and close down the Parliament.

    2)Give the development and administration of the Country either UK, USA or a Japanese Company Executives.

    3)Toyota Motor Co. annual turnover is Three times our GDP.

    4)Use Parliament (including President) Gon Harak to Plough Land and feed with Grass and Punnakku, and Burn the Parliament for good.

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    Dr. Laksiri. There is nothing to disagree or contest with your submission. But the truth is , what you says are only acceptable to learned,decent people who wish to see that “Good Governance” is the bottom line.Unfortunately country is governed by a lowly educated, thuggish family that every member of the family has link to some criminal act one way or another. Intelligent and educated society is anathema to them. What they have is fish market culture. So they want to run the country like a fish market. They mainly depends on thugs for their survival. Among those thugs are white collar thugs like Nivad Cabraal, P. B Jayasundara and Laith Weerathunga including the latest to the thuggery cartel Mohan Pieris.

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      Thugs or not Rajapaksha and Co has done lot to Lanka. For last 30 years nobody was able to get rid of bloody LTTE terrorists. They did. Nobody was able to clean colombo. They did. Nobody was able to make paasable roads. They did. Nobody was able to build infrastructure for future. They did. Air port was like a cowshed. Now we can come home with a pride. Rajapaksas may not be able to speak flowless english as some kalu suddas. So what. When UNP selling/handing over government properties to their people nobdoy shouts. When JRJs goons throwing stones at CJ nobody shouts.

      Get a life fellas, you sucking and brown nosing up to Indians, LTTEers, and West who wanted to make Velu king of North. What HR he protected.

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        why are you coming to colombo? if you want a clean town, sleek airport and no velupillai, doesn’t the place you live abroad have all that. As people living in this country we want a life, as you say. And that life is not what you think as life, pl. consider that too. we are not naive to think, with totally clumsy and irresponsible way this family runs the country, it is them who fought terrorists: it was the military, and the Indian govt. ( by sonia G) used SL military by diffusing international pressure to get rid of velupillai, not withstanding human costs, sinhala and tamil both.

        And we don’t like our hard earned money wasted and our future mortgaged by these “brothers” just for you to come through sleek airport (which cost us 6 times more and wrong designs with no flexibility for 2nd runway so got to mattala next time) and a “clean” capital, as it rots with injustice, poverty and lack of hope….why don’t you think again before asking us to get a life….why don’t YOU ?

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    Only way War crimes and expell from Commonwealth to re-established law and order in Sri Lanka.

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    The family tree of MR was published in a reputed paper in Sri Lanka about a year ago. It is pity that Dr. Laksiri has not seen this.That article shows how deeper the veins of the family tree of MRs have been spreading all over the country sucking its blood. MR, systematically and cunningly, has been manipulating everything under the sun to achieve his and his family interests ever since he came to power by changing the constitution, bribing the opposition MPs, changing Acts,such as Viharagam and Devalagam, and even calculating his war aims. It is also pity that judiciary and the intelligensia like Dr. Laksiri have failed to see this earlier.

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      Sumanudage,

      I am not talking about the family tree per se, but the concentration of power under four brothers. 18th Amendment, the expansion of the defense establishment, Divineguma and recent Speaker’s rulings are the new trends and dangers. There is a difference between an ‘organigram of power’ and a ‘family tree.’ I cannot help if somebody has some personal animosity against me. He or she is also free to admire another article instead of mine or perhaps the commenter could be that author. In the latter case, perhaps I would appreciate his/her article which I have not frankly seen. We are not in a prestige competition to determine ‘who said it first or who said it better.’ If our purpose is to fight for justice and preserve democracy, then these sectarian attitudes are inimical to that purpose. See the jungle not the tree. I normally don’t have much appreciation for those who comment under pseudo names. Only justification for pseudo name is to avoid reprisal from authorities and it cannot be the case in this instance. These I consider cowards.

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    Once again the cunning, street-wise MR check-mates them all. One speaks no more of morals, ethics, the Constitution, Natural justice, customs etc in governance. It is the old village truism of “henda athey nam, beda ganilla” (If the spoon/ladel is in your hand serve yourself to full measure) MR takes the entire legal fraternity single-handedly, including those senior lawyers/PCs that threatened to ignore his nominee for CJ, and, tells the country and the world if he (Mohan P) was good as A-G what’s wrong with him being CJ. Don’t even be surprised if he tells Mohan P he can continue to be Chairman/Seylon and all those other Santhosams from the Palace that came his way. Who cares for rules and regulations in the personal fiefdom?

    And so the Rajapakses ride to the next storm – so long as the focus of the yakkos is kept away from the real issues – the unbearable CoL, health, education, transport, security and what not. The majority can also be fooled the Tiger is not dead and is getting ready to pounce –
    a few grams of explosives, a gun or two introduced to the house of a Tamil MP – exaggerated by the Sinhala press and the extremists, lead by the JHU, will do the trick.

    If Mohan P moves and makes the entire GKCCC depositors happy settling their dues – capital, interest and all quickly – the country that is notorious for the memory span of a goldfish (2 seconds) this PR coup will go out to mitigate some degree of dis-satisfaction of a section of the public that has earned the sympathy of the entire country.
    That is probably why sibling BR is in the vanguard of that exercise.

    Senguttuvan

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    Dr Laksiri

    “This means that either Parliament and or PSC had sat as a court”

    Further to your response to Srikrishna “quote what MP Dharmalingam (Manipay)..”

    Could you recollect what Ranil W said in parliament when Dr PA de Silva (then chairman Steel Cooperation) was brought before the house for abusing MDHJ then minister of Industries. If you can find it please reproduce.

    Sisira

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    Laksiri
    One correction to my request above, MDHJ was not Minister if Industries but MP for Kaduwela at that time, may be he held some other portfolio. I think this took place in 1980.

    sisira

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    The Singala antigovernment Jackals don’t realise that with out the three Rajapakse brothers the Tigers would be ruling half the country today . The Aiya Malo gave the strength to fight and end the war whereas the previous government followed a course of appeasement to strengthen the terrorists and were willing to give one third if the country to the terrorists . Now these jackals have joined forces with the Tiger Diaspora to undermine this great government. You have no future in this country you traitors to the Motherland

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    What is the value of the “Democracy and Commonwealth?”. The Chinese do not believe in God, nor believe in democracy, but they are advancing faster than us. The Westerners ruled and ripped off our Country for more than 440 years, but they never done anything to eliminate the caste systems, gender inequality, and racial, language and religious discriminations. Because they knew it will continue to eat us and keep us under the Them forever. Furthermore, Prime Minister Rajiv Gandhi reached a very good political solution for the Tamils’ issues in Sri Lanka under the Indo-Sri Lanka agreement. Unfortunately the LTTE did not see what Rajiv Gandhi did, because of the Tamil diaspora. The 2002 ceasefire agreement between the LTTE and the Sri Lankan government also broken by the LTTE. A reasonable political minded person knows that Prabhakaran would not have fought against the Indian government without the help of the others through diaspora who are more powerful than India. And also Prabhakaran would not have broken the 2002 ceasefire agreement with the Sri Lankan government without the help of the same powers who pushed him to start a war against India. If you can answer the following questions you will know who have most of the Tamils’ and Sinhalese’s blood on their hands. Who have been deliberately stopping the peace agreements? Who have been guiding the diaspora? Who have been fuelling “hate and bitterness” among the Tamils and Sinhalese? Who have been facilitating the funding to the LTTE, even though they had everything within their reach to stop money get transferred from the diaspora to the LTTE. The answer is Western political minds through their intelligence network. Think about the lost lives since 1987, think about the suffering since 1987, think about the lost opportunities to develop the country and people’s lives. The Westerners act like they are the peace makers, but they are not. The talk about democracy and human rights to fool others, in order to turn people against their own governments. The truth is, the Westerners have a vital interest to divide every community and every country to rule others. There is a most ugliest face underneath their white faces, it is pure evil. Not many people have the ability to see their real face, but few of us do through our hard work and sacrifices. Ask Julian Assange and Bradley Manning, they will tell you more about the Westerners evil deeds. Julian and Bradley are Westerners, but they exposed the truth and ended up in a prison and stuck inside an embassy. Some Sri Lankans and some other Asians are praising the Westerners for their own self-centred lifestyle, they don’t care about their own people, or their motherland. Due to my writing, the Westerners did not even allow to sell my house for a profit, because they knew the money will be used to expose their evil deeds. I have applied thousands of jobs in Australia, Canada and New Zealand but I could not even get a basic job. They are keeping me in financial hardship and perfect isolation by their impeccable white (evil) faces.

    The removal of the CJ is not something new in the world, it happens in the world, including in the United States. However, some eliments may use this opportunity to bring chaos into the country, in order to achieve their ulterior motives. Remember, few eliments were fuelling the civil war and benefited by the war, but not the Tamils or Sinhalese. We must not let that happen again. The president appointed the CJ, the 2/3 of the parliament wanted her to leave the office. If I was the CJ, I would have resigned once the parliament decided to remove me from the office. Taking this matter to the UN is not advisable. The country has been fighting for thirty years, people are free from fighting for only three years. Just wait for few more years, be patient, you all went through the bloody war for thirty years for nothing. I know very well about the parliament members, can we change those leaders mindset overnight? No we can’t. I am also well aware how Rajapaksa brothers are dominating the country, but I can live with that at the moment. We just finished the war, lets give enough guidance and time for them to act, if things do not change then we have other plan too. The President himself did not go to China to eliminate the LTTE, but he was adviced to go China so the other countries will run to him to help, including India. The extremely talented Sri Lankans will direct the country into the right path. If you think, the show is running by Rajapaksa brothers then you are very wrong. President MR does not have an answer for everything, but he has the ability to deal with the external threats better than any other leader. Therefore, Lets approach matters very pragmatically for sake of the innocent people who have died due to the bloody war. It is a new beginning for the CJ. The Chief Justice Shirani Bandaranayake has a huge potential. She has a lot to give for the country. She must get involved in politics and bring new ideas to the table. Lets people decide whether she is worthy or not. She must not go to the UN, but go to her people and put her ideas forward, in order to develop the country. She must not go to the enemies who divide others, invade others’ countries and kill millions of people to keep themselves on top. Do not go to the devil to get justice. I urge every Lankan to stop listening to the enemies who divide us, they use every opportunity to bring chaos into the developing countries to rule others. We must understand what is missing, then find a solution within us, looking outside will create more problem and chaos than a solution.

    The Westerners ruled and ripped off the Indian Subcontinent for more than 440 years, but they never done anything to eliminate the caste systems, gender inequality, and racial, language and religious discriminations. Four hundred years is very long time, at least 10-12 generations. The West could have done a lot, but they deliberately done little. The Westerners have a lot to talk about the Indian Subcontinent’s failure than China’s communism, but they won’t talk about it, because it will highlight their deliberate misleading to keep the Asians under them, plus the Indian Subcontinent is not a threat to their dominant power, but China. “English are to blame for India’s backwardness” published by the Dominion Post, written by Philip Collins, on page B5, Dated January 5, 2013. The Dominion Post is one of the major newspapers in New Zealand. Not all the Westerners are naive or blind, there are people like Philip Collins who sees the Westerners’ evil side. The Indian Subcontinent has enough intellectuals to develop the Subcontinent better than China, but the system won’t allow the intellectuals to lead. Therefore, the intellectuals leave the Subcontinent and develop the Western Countries. This system was developed by the Westerners, in order to keep the Indian Subcontinent poor and weak. We fought against the Westerners to have our freedom, but we still trust them, listen to them and run our political system according to them. This is a huge disaster. The Indians are too scared to change the manufacturing sector, because they don’t want to allow another East India Company. However, they are happy to run a political system recommended by the Westerners. The Chinese are really smart, because they have a political system what is good for them, they did not choose a political system recommended by their enemies. We must stop listening and trusting our enemies. We must develop a system according to our culture and ideology, like the Chinese did, otherwise the Indian Subcontinent will be struggling forever. We must depart from the old system and bring some changes. Being part of the Commonwealth is only helping us to stay behind. Time for us to move forward, our policies are not helping the Indian Subcontinent to move forward as China. Am I recommending a communist system? Not at all, but we need some changes, if we come up with something good, India may even consider our system in the future. We must find a way to lift the whole Indian Subcontinent. India can’t try something new, because it is too big. Sri Lanka is a small country, we must try something new and help the whole Indian Subcontinent, otherwise we will be betraying our future generations.

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    This is purely personal revenge MR did in favour of his brother Basil because Shirani B did not endorse Divineguma Bill.

    He did same-thing to Sarath Fonseka in favour of Gota.
    He removed Mangala in favour of Gota.

    Today Sri Lanka is fast becoming most unpopular country in the world because President has become a Mad of Power (just as Gadafi) with his brothers.
    The gang cannot run Sri Lanka today peacefully and democratically because they are not professional in the civil administration. (Rilawata kannadiya lebuna wage) Monkey found a mirror!
    They must be thinking they will be in power for ever.
    People cursed LTTE and it happened. Now same people waiting for a fair deal to unfairness of President.
    Oh God save my country from all evils.

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    WE COULD SEE HOW THE TAMIL PARLIAMENTARIANS, WHO ARE ALL EDUCATED (FOOLS), ACT ACCORDING TO THE RULE OF LAW.

    THE SINHALESE AND MUSLIM PARLIAMENTARIANS, FEW WHO ARE EDUCATED, BUT ALL OF THEM, THIEVES, RAPISTS, MURDERERS, CHILD MOLESTERS, BIGAMISTS, WHO DID NOT WANT TO ACT ACCORDING TO THE RULE OF LAW.

    ONE COULD DECIDE WHO IS SUPREME, TAMILS OR SINHALESE.

    YOU DECIDE.

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