23 September, 2020

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SC Judges: Beware Of Your Constitutional Obligation To The People

By Vishvamithra

Chief Justice

Those who are in the ‘inner circle of the judiciary’ are fully aware that in the recent past the incumbent Chief Justice, had turned down 6 or more improper requests made by the President Rajapaksa to meet him at the temple trees. It is important to mention that all this requests had been made only after the Supreme Court declared number of Bills presented to the Parliament unconstitutional. Inner circle also well aware that, when the CJ refused to meet the President, he had uttered that ‘okiva othanata genaweth mama okiva othanin elavanneth mama’, condemning the CJ’s stand.

Sri Lanka is a democracy at least on paper and there is no contitutional tradition that allow the President to summon the judges of the Apex Court which is seen as an act of showing President’s almighty powers to the judges, that is clearly improper as the Apex Court and the Court of Appeal belong to a separate arm that is Judiciary, over which the Executive has no power or authority whatsoever. After all in Sri Lanka the head of the State is the President, unlike queen in the UK, he is not merely ceremonial head.

The role of the judiciary being the ‘watchdog’ of the people is nothing new and it is well documented. More than any average layman the judges of the Apex Court are fully acquainted with the aphorism “Not only must Justice be done; it must also be seen to be done. And if the judges compromise or give the impression to the people, whose inalienable judicial power they exercise, that only carry a wrong message to the people and naturally they would loose their confidence and trust placed in the Judiciary.

Apparently, this is why the CJ refused to abide by the ‘request’ made by the President Rajapaksa to meet him, because she knew that the head of the judiciary has no business with the Executive in the administration of justice and she was not allowed under the law to compromise her integrity with the Executive President.

When the CJ refused the meeting the President went in the air and informed the public that he invited CJ to discuss the budget allocation for the judiciary and not invited her for anything else. That is clearly a blatant lie, because the CJ has no business with any such discussion that is executive in nature, which the President in his capacity of the Minister of Finance should have been discussed with the Secretary to Ministry of Justice.

The whole nation is fully aware that after the President served the CJ the letter of termination of service, which is ab initio void and hence had no legal effect, hardly 24 hours after Parliament passed a controversial impeachment motion against Chief Justice Bandaranayake, the President once again committed another blunder. Now abusing his mighty executive power, effectively intimidates the remaining judges of the Supreme Court and the Court of Appeal summons the judges to the President’s Office. All right-thinking people of this country steadfastly condemn this cowardly act by the President, particularly since he had used this meeting to inform the other judges that there was still time for Chief Justice Shirani Bandaranayake to retire with full pension rights and urged them to inform his stand to the CJ, which they have refused to comply with.

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Latest comments

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    Satakaya who only talks and whose words are not worth the shit of any respectable human being said EYAGE OLUWA IDIMILA.

    THOSE WHOM THE GODS WANT TO DESTROY FIRST DRIVE THEM MAD.

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      MAHINDA RAJAPAKSE MUST BE IMPEACHED ALONG WITH HIS BROTHER CHAMAL FOR THE ILLEGAL IMPEACHMENT OF THE CJ.

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      Mark my words countrymen.

      The Supreme/Court of Appeal Judges will shamelessly sit with this rogue Mohan Peiris ignoring their own verdict.
      They might even claim that they were misled by Judge so and so.

      There will be a que of lawyers at Mohan Peiris’ chamber wishing him well and also claiming ” I was always with you” or “I was misled by so and so. sorry sir.”

      Life will go on in this beautiful land inhabited by the shittiest people on this planet

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        This is very true, lawyer. Our motherland is full of shittiest people who cant think independently. And no one wants to rise to the situation, including you and me. We dont have opposition, what ever it means.

        FUTA try to do something. They just isolated by the society. This time the lawyers. Next time?

        Probably this is common for countries with dictatorship.
        But there will be a day the ball coming from the water. Wish that day is coming soon.

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        You just admitted that you are also one of them. God bless you.

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    That was then,but now: He summoned, they went, they listened and they left. They can nothing to say. A new constitutional tradition has been established to be now cited as a precedence on future. Now that this precedence has been set, what more can we expect of the Superior Courts? Can we expect them to determine that the appointment of the new CJ was illegal, in terms of the illegality that preceded this event. These judges will be on trial soon, if the lawyers collective challenges the new appointment in the Superior Courts.

    Dr.Rajasingham Narendran.

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    Correction: — They had nothing to say.

    Dr.R.N

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    Hereafter, Sri Lanka will appear is a symbol of lies and deception in the eyes of the world. No doubt MR was humiliated at the Oxford and Oxford was lucky not to entertain him, Should other Commonwealth countries be disgraced by Sri Lanka. It is time for the Commonwealth to strike out Sri Lanka from the Commonwealth membership. Moreover, is Sri Lanka a reliable country for foreign investment and a safe place for tourists.

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      The Commonwealth was always meant to extend the authority of Britain on her former colonies by giving handouts which were greedily grabbed by them. We never should have. Otherwise why does the Queen continue to be the Head of the Commonwealth. The titular position should be rotated so that the head of each member state sits at the head, and certainly not a Queen of a dismembered empire. And does the commonwealth matter anymore? A home for the aged, it is actually.

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    Obviously the president thinks that he is supreme and these judges are his minions. The very reason why CJ SB was deposed. No he has appointed a stooge but knows that he cannot influence the rest, so summon them and give them some god fatherly advise.

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    According to the writer, Shirani Bandaranayaka had turned down 6 or more improper requests made by President Rajapaksa to meet him at the Temple Trees, as she considered it to be improper. Unfortunately she did not display the same propriety in the following instances, which resulted in her being found guilty without a fair trial, by a Parliamentary Select Committee with a majority of ruling party nominees.

    1. She knew that the depositors of the failed ‘Golden Key’ were staging demonstrations to collect their deposits from the Ceylinco Group with the help of the judiciary. However, she did not consider it to be improper for her to deal with the new management of Trillium Residencies for the purchase an apartment for her sister, knowing that it was earlier a part of the Ceylinco Group.

    2. She knew that all inward remittances over Rs. 500,000 were subject to investigation by the Central Bank Intelligence Unit, working in collaboration with similar units in other countries. She did not consider it to be prudent to ask her sister to send a Bank Draft in favour of the seller of the apartment. She allowed these remittances to be deposited to her bank accounts, leaving room for suspicion.

    3. She did not consider it to be prudent to refrain from taking over the responsibility to sort out the issue of compensation for the Golden Key depositors from the Ceylinco Group of Companies. She took over this responsibility from the senior Supreme Court Judge Shirani Thilakawardane, when she was directly involved in a transaction with a member of the Ceylinco Group, even though the company had been removed from the list submitted to the courts.

    4. When her husband was appointed as the Chairman of NSB, she should have asked him to be very careful to ensure that his actions did not have any repercussions on her reputation. He should have also consulted her about the propriety of paying a price significantly above the market price for the purchase of The Finance shares, probably at the request of a VIP.

    My conclusion is that her conduct as well as the conduct of her husband did not meet the prudential standard “Caesar’s wife should be above suspicion”. She was ill advised to reject the offer made by the President, when he met the judges of the Supreme Court; to allow her to resign with her pension rights intact. In fact she should have resigned earlier when she received a better offer, through her lawyers.

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      Truth, I agree with you for most of the points. More than that, I have a different opinion on some verdicts she gave for some court cases. Including the 18th amendment and some other cases. But be mindful that, everyone including the lawyers and her self is asking a fair trial and not the immunity as the president. That is something she entitled to, even Prabhakeran and anyone else are entitle for a fair trial if you believe in the democracy.
      Also, be mindful that, the regime did all these things not to clean the society but to control it as they wish. Otherwise they should have started from their own home, including MR himself, his brothers, specially Gota who runs so many businesses and the defense secretary, his sons and the chairman of Air Lanka who admit he did an illegal thing which Thilanga went to jail for the same offense.

      So its very important to identify the chemistry, the political background and motivation. (which unfortunately our opposition leader couldnt)

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        Under JRJ constitution there is no other way. If a another path was taken it would be deemed illegal, and same people will shout MR is going against the constitution which is impeachable offence. So MR did not fall into the trap but this learnt prop of law throwen into the trap set by her so called advisers.

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    Nobody should trust foreign Govt because they have vested interest besides all world politicians are bunch of rogues who scratch their own backs.

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    No one need worry now. Thanks to the President Rajapakse now the country is given the services of a man probably with the most proven character. He will not betray the President and people can have a absolute trust in him for that.

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    I am not sure what some of the commentators have smoked. How can anyone say that the impeachment was a democratic process. It was Kakille Thinduwa.

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    It was nobody else, but due to the pure inefficiency of the leader of the opposition party Mr.Ranil Wickremasinghe that lead to the humiliated discharge of Madam CJ Shirani Bandaranayake.

    My whole generation including myself are strong UNP supporters and we were party supporters for VA Sugatadasa during our young days. But we are ashamed to see Ranil’s behaviour and cannot understand his confused double game MIND SET. FOR ME HE IS LIKE A “VAVULA” Bat.

    The Jacka..s waited until CJ was wrongly procuted…..while getting his rupees 89 million pin padi(our money) with foreign tours from big boss.

    Here’s the reason to back up may case against MR.Do Little.
    ————————————————————————-
    1) RW not only, did not participate to hear the Appeals court hearing…but also restricted the other two UNP PSC members from attending it.

    Please read and listen to the following VIDEO what Mr. Wickremasinghe said during the SiriKotha UNP party membership drive.

    http://www.dailymirror.lk/news/24804-media-must-apologise-to-unp-ranil.html

    1)Ranil clearly say that finally SC said what HE said was the correct decision…..what his correct decision….
    I want to know what correct decision SC verdict to say what RW said was correct.
    What Appeals court said was that Parliament PSC CJ verdict was unconstitutional and viod……So what is Ranil saying other than Lying.

    2) Also RW says that SC CANNOT TOPPLE MR GOVERNAMENT……..I want to know who said that SC is trying to topple MR govt……It is utter lies…….Both CJ, SC, Appeals court and WE are only looking for justice for CJ with an impartial hearing and not to topple the govt.

    3)RW also say that he is treated like a FOOT BALL WHERE HE BOUNCE WHENEVER HE IS BEEN HIT.

    WE KINDLY TELL MR.RANIL THAT HE IS ALREADY A FOOTBALL WITHOUT AIR. THERE IS NO POINT HIM TO THINK WINNING ELECTIONS WHILE HE IS IN THAT SEAT…..AND MAY BE HE KNOWS IT……But with a Rs: 86 million annual pay…….he don’t mind dreaming to be ever to be the opposition leader.

    4)IF RW and the UNP PSC two members came for the Appeals Court Hearing, it would have sent a strong message to MARA not to play politics with Judiciary and with country’s constitution……

    BUT HE PURPOSLY SKIPPED IT AND ALSO FORCED THE 2 UNPer’s not to attend……following MARA’s advise.

    Then during the debate he was shedding crocodile tears telling “Speaker to Intervene”……It is the biggest joke one could hear for the whole life. Whom he try to deceive…..MR Paid Joker. Don’t he know that MR is already a dictator. while RW think of winning election in 2014…….What a Joke.

    RANNIL YOU LET US AND THE WHOLE UNP DOWN AND HUMILIATED. ENOUGH IS ENOUGH.
    TO GET RUPEES 89 MILLION PAYCHECK AS SANTHOSAM FROM MARA DOING NOTHING TO THE PARTY AND TO THE COUNTRY IS MORE THAN ENOUGH FOR YOU TO STAY AS OPPOSITION LEADER FOR EVER.

    You can’t even stand for half hour when you give a speech……leave alone winning the next elections.

    Could you honestly tell that you could walk six miles a day meeting people and convincing them to vote for UNP…….or you are simply plan to enjoy foreign trips every other month with your payroll bonanza……
    If you are sick….or feel sick and tired…..please leave your post and give to a strong Stalion to do the job. We don’t want sick goats….but strong stalions to lead UNP.That’s why president treats you like a Pambaya.

    I saw only Sajith, Ravi , Dayasiri,Ranjan manayake,Mangala, Buddhika, giving away Gifts and Parcels to FLOOD VICTIMS AND NOT YOU MR. CHE..TER….

    Mr. Ranil Wickremasinghe.
    Please visit the following web. and give us your views.

    http://www.sundaytimes.lk/130106/business-times/why-are-unp-mps-silent-over-a-new-daylight-robbery-sale-of-duty-free-car-permits-26753.html

    You talk like a five year old child and act like a Clown.
    You have to change your appearance, behaviour and personality, speach, points,and producti8ve criticism…..to look loke a Man and not a q…r… Please learn from Sajith, dayasiri, Ravi, Mangala and Sumanthiran. Go for a Political speech class ….and learn. It’s not too late.

    Please Give your post to some more capable MP’s in the Party.
    I am telling for your good……if not very soon you will also get a rotten egg and tomato treatment like what MARA got in England.

    It is better to leave respectably…….than chase as a Coward and a goon.

    Choice is yours.

    Finally I tell Mr.Wickremasinghe…..Please if you have any bit of self respect left…..don’t go to President’s house to have BLACK COFFEE WITHOUT SUGAR.

    IF YOU WANT I WILL SEND YOU THE BEST COFFEE IN THE WORLD….ETHIOPIAN OR COLUMBIAN COFFEE……BUT FOR OUR ONE SAKE AND RESPECT PLEASE STAY AWAY FROM GOING TO PRESIDENT’S HOUSE TO HAVE BLACK COFFEE.

    IF YOU WANT TO MEET PRESIDENT…..MAKE IT IN THE PARLIAMENT…….BUT NOW LEAVE PARLIAMENT AC CHAMBER AND GO TO CONVINCE PEOPLE LIKE WHAT JVP IS DOING.

    PLEASE FOLLOW THE EXAMPLE OF MADAM CJ.BANDARANAYKE.

    Thank you.

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    Shirani B. kade giya for few years.. and now she gamee giya for ever.
    Boss has full right to fire the employee: don’t we know that, so why big hype and questions?
    Parliament followed the constitution and don’t understand why question about it?
    The same process follow in US too, if someone need to be little educated just Google the famous case
    Federal Judge Walter Nixson vs United States…hmm Hypocracy

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    Every one is commenting on the Constitution & the procedure adopted in bringing the impeachment motion, but none of them comment on the charges that were leveled against the CJ. Whether they are true or not. If those are fabricated, why did CJ ran away from the proceedings of the PSC, without facing it and proving her innocence? If she did that the whole country would have been behind her.

    As far as the position of CJ is concerned what is most important are the charges against her, and by running away from PSC she has admitted that she is guilty of the charges. She is therefore not suitable to be the CJ anymore. What will happen to an accused of case, walk out from the Supreme Court stating that he has no faith on the Judges of the Bench? Will he be able to get away like SB?

    She behaved as if she has no knowledge of the Law of the country and got her favorite Judges to deliver a judgement in her favor by deliberately omitting two words in the Impeachment Clause of the Constitution. How can an ordinary citizen expect a fair trial from a set of Judges like this? The Parliament must summon these judges and get them to explain their position, as the have no power to change the Law, but only to interpret what is written in the Constitution.

    Those who are finding fault with the PSC are people who are against the Government or those who have no knowledge of the Constitution and the Law of the country or both. They have only one agenda. To topple the government and get JVP or UNP or any other Tom, Dick or Harry to the helm by chasing Rajapaksas away without facing an Election. What happens to the country is no concern to them.

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    Stop talking garbage you anti government Morons! Opinions are like TV Sets everyone has one. The Government has appointed a good CJ now and it’s time to talk about other issues and move on. The country is forever indebted to Mahinda and his brothers and his government for eradicating terrorism in SriLanka. The Singala and Tamil people should be eternally greatful to him. Now everyone can go anywhere in SriLanka without bombs going off in every direction. Ranil is the next best man to lead the country after Mahinda. Look at the JVP they are a bunch of Baboons in human clothing and they are responsible for thousands of Sinhala deaths in the country. The Sinhala ant government Gorillas will find another issue soon to undermine the Government that delivered. Look at SF and Ex CJ now they should be happy that they can go fishing in the Beire Lake now without any worries! Love to all !

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    Thanks Don Sarath! explainning and nailing to the point about what happened? I wonder anti MR forces next agenda after all failed attempts using corrupted people like SF, Shirani B etc?

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