18 June, 2021

Blog

Shirani Violated The Rule Of Sinhala Chauvinism

By Vickramabahu Karunaratne –

Dr. Vickramabahu Karunaratne

In the domain of liberal democracy a motion to impeach a judge of the Supreme Court is a serious matter. That is permissible only if either there is suspicion of insanity or some problem akin to it. Analysis of any impeachments of any judge in the post modern world show that whole intelligencia in that country and in related countries were participant in one way or the other in the judgment. It was a public, transparent affair where intimidation, political pressure and discrimination were brought to a minimum. Such a clear show was necessary to counter what happened under both fascism and Stalinism. It was made transparent so that the public were generally aware of the allegations – before those allegations are formally brought up. Here the situation is very different. Mahinda regime preached about the responsibility of the judiciary and the respect given by the people to the judges and magistrates. Indirectly people were made to suspect CJ of great misbehavior. However, still the public are not aware of  details of the allegations against Chief Justice Shirani Bandaranayke. Whole thing was submerged in secrecy. There were campaigns, all political, against the CJ. Already, in public domain she is convicted of treachery and indecency. Village humbugs who rule the country, there by, has converted her to a modern day Jesus Christ. It is clear that she is victimized for exposing the limitations of the parliament and the central government, in relation to the 13th amendment. That is the greatest sin she has committed. Jesus became a conspirator and a criminal, because he preached all humans are equal and of single divine birth. Shirani has to bear the cross for telling that devolved power to the provinces cannot be simply over ruled; that power sharing in the 13th amendment is real. Her decision exposed the hypocrisy of Mahinda chinthanaya. That is her real crime. Gallantly she dismissed the ridiculous claim by the president that he consulted the northern Tamil people by getting the signature of the soldier appointed by him to lead the military rule there. She threw her dismissal on the face of the man who was directing an impeachment against her. Jesus went against the laws of the Roman Empire and the Jewish claim of selected race, when he said all humans are equal. In the same manner Shirani violated the rule of Sinhala chauvinism when she ruled that 13th amendment obstructs the parliament in relation to the devolved subject.

Mahinda so far maintained his support to the 13th amendment indirectly, as long as it is a mechanism for decentralization and diversification. But it cannot be a power sharing mechanism. When Shirani made it clear that the constitution and the 13th amendment stands for some thing different and devolution is already there, regime went into utmost crisis. Now they do not care for the rule of law or the constitution. What they want is to frighten and terrorize all those who are prepared to defend sharing of power. So it is clear that Shirani has to be crucified in order to save the great hero of war, man who finished the idea of Tamil liberation. She has become the goat to be sacrificed for the unitary state of Sinhala chauvinists. The struggle of the government is not within the law. It is already a war conducted by terror and wild allegations. She is threatened to deny and change the ruling she has given already. There is clear evidence to establish that the government was involved in the attack on JSC secretary, Manjula. Also it is clear that political mudslinging at Shirani is backed by the regime. In fact GL behaved like a Stalinist Red professor in the recent adjournment debate in Parliament on JSC. The Minister of Foreign Affairs, in real terms, justified the attack on the JSC on the basis that its Secretary was appointed contrary to the constitution. He argued that according to the Constitution, only the senior most member of the minor judiciary can be appointed as the Secretary of the JSC.   Manjula was 29th in the seniority list; and therefore should not have been appointed as Secretary.  There are no such provisions in the Constitution and it exists only in the head of the local Red Professor. Out side parliament, using state media setup, the government is having a carnival of mud slinging and false propaganda against a woman who has given a historic judgment.

Mahinda knows that the parliament cannot act as a court in this case. It is clear that cases such as these are to be decided by courts and institutions that have been established to adjudicate judicially. However, MPs are made to believe that they can become a universal court in the name of the people. What they really expect is for this woman to break down and cry for help. In that way they expect to remove a stumbling block in their path to arbitrary rule. Time has come for all of us to defend the women carrying the cross on her shoulders. She may have done her job neatly not knowing the historic value of her stand and may be she has made mistakes in her judicial carrier. She and her family may not be the true example of a committed house hold living according to norms and traditions within the Lankan society. But, whether she likes it or not, she is in the middle of a struggle against injustice and discrimination. That makes her the women carrying the cross on her shoulder.

Print Friendly, PDF & Email

Latest comments

  • 0
    0

    There are several basic truths we can see from this CJ affair.

    1. Extreme moral decay we find in Sri Lanka.
    2. That this decay is even worse among the so-called respectable families/people.
    3. All Sri Lankan politicians including You Bahu are like cats spat on rocks. (when villagers see you the grandson of remaining Marxism in Sri Lanka sits with Ranil W on same stage, for them you become a lost case),
    4. The behavior of legal experts in their different reactions indicate that they tell half-truths to promote their side.
    5. Look at impartially. It is very clear that Mahinda R wanted to use this CJ Shiranee B for his benefit. So he gave her a bait. That is the jobs given to her unqualified husband.

    At that stage this CJ should have prevented it. Instead we see several examples of her violating several basic natural justice principles of law, that even a First year law student is expected to know.

    So CJ B gave MahindaR the rope to tighten her neck when he wants to use for his political plans and survival.

    How can people like you go round and round and try to use this case to give Tamils a separate country?

    Do you know that when Felix Dias appointed Jaya Pathirana, SLFP supporter as a SC judge we began this rotting path? From S.L. Gunasekera’s book we know how so-called highly respectable people help each other in rackets using even embassy help.

    CJ B had no experience to get the SC job in the first place. CBK gave it to her to please GL Peiris. When a person gets a job that way a complex and a guilt develop and the person can never be honest. This is why she did so many other improper judicial things mentioned in the impeachment petition.

    Unlike you I support MahindaR on the role he plays to prevent the breaking of Sri Lanka in to two. But I am honest to accept that he bribed CJ B to get favors. Both MahindaR and CJ B are guilty. But CJ B should not have accepted the bribe because as a politician political bribes is a normal thing for MahindaR just like he bribed UNP MPs with ministers jobs. By such acts and even by kissing CBK’s hand until he got the ticket Mahinda R saved Sl from Prabakaran and Erik Solheim.

    What are you doing other than working with Mano Ganeshan??

  • 0
    0

    Where was Justice Bandaranayake’s sense of judicial commitment to the Constitution and fidelity to her people when the anti-people 17th and 18th Amendments entered the Statute Book? This was a period she enjoyed a more than warm relationship with the regime until it soured recently.

    Senguttuvan

    • 0
      0

      That was the time when MR/ SF and the country won the Eelam war, and people were celebrating it on a grand scale. It was the peak of MR power ladder. Also MR had the 2/3 in parliament and nobody opposed to any constitutional change. In fact it was passed in a lightning time where opposition was weak like a rotten stick. So CJ followed the trend.

  • 0
    0

    It is unthinkable that the rabble at Diyawanna are suitable to sit on judgement to the Chief Justice of the Supreme Court. Just take the case of a few who have been appointed.

    Weerawansa and his episode at the UN office at Baudhalokha Mawatha? This is where the Secretary General of the UN was called a pimp by his people. We have one worthy who had been caught in a compromising position in office by his wife. We have another who is responsible for the loss of millions and should really answer for this before the courts.

    So this is the quality of people sitting to judge the highest court judge in the land.

  • 0
    0

    I like the way you describe these scumbags as Village humbugs. I always use the description as Village godaya thugs & Tsunami horas. the all powerful presidential system of Government must be abolished soon or at least some sort of checks & balances has to be brought in as we continue to to see an increasing abuse of this system more so after the latter part of 2005

  • 0
    0

    I 100 percent agree with you, Bahu. I don’t subscribe to some of your views, but I accept that you are one of the few sincere politicians in the country- the number is small they can be counted on the fingers of one hand! By the way, I found the comment by the reader Wijewickrama very interesting! Interesting because ,I always find that stooges who hold a brief for MR cause the latter more damage than his political opponents. Just the read comment. It is an indictment on MR, not a brief for him!

  • 0
    0

    Bahu,

    Don’t think people are gonna forget all your sins for just writing a very independant article… You, born Sinhalese & now lying on Tamil diaspora bed, call your own race Chauvi…. You are good for nothing…. Traitor…

    • 0
      0

      La thieif;
      he does not collect sins as you people sing for others tunes.
      there is no ethnicity involved when you commit crime against humanity and looting people’s money.
      forget about donation money for tsunami. [ daaneth hora kana horu ].

  • 0
    0

    Aryan supremacy and fair n lovely not western, but authentically local.

Leave A Comment

Comments should not exceed 200 words. Embedding external links and writing in capital letters are discouraged. Commenting is automatically disabled after 7 days and approval may take up to 24 hours. Please read our Comments Policy for further details. Your email address will not be published.