23 September, 2018

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Should Shriani Enter Politics?

By Kumar David

Prof Kumar David

Impeachment: Three types of opponents

The anti-impeachment mobilisation consists of three, not two conceptual orientations. First there are those who hold that Chief Justice Bandaranayake (CJ-B) is not guilty of any form of turpitude and is a victim of a frame-up. Second there are those who reserve judgement on that matter, but declare that process infringed natural justice (2a) and/or is in violation of the constitution (2b); these are two variants within the second camp. Most of those who reject the Rajapakse witch-hunt hold more than one of these views; there is no contradiction in holding one, two or all three of these positions.

The third orientation is made up of people like me who think it unlikely that the CJ-B is guilty of misconduct as construed in the 14 allegations and recognise that we will never know the truth because the regime has so muddied the waters with its own far more egregious misconduct. (We will have to bring judges from abroad or from the planet Mars for a fair trial). Hence we are agnostic on the first issue. On 2b we are prepared to await the opinion of the courts before forming our conclusion re constitutionality of the Parliamentary Selected Committee. However, neither of these is our main concern.

We agree that the proceedings of the PSC were flagrantly biased and an unconscionable violation of natural justice (2a); but here comes the punch line and this is what we hold to be most important. We hold that 2a and the behaviour of the Executive, the government party majority and the PSC is part of a larger process developing in Lanka since the end of the war. The underlying logic of these happenings is a drive by the Rajapakse siblings to install an autocratic state, modelled on Corporatism, in Lanka. All else is strategic or tactical. The underlying reality is an attempt to enhance dictatorial muscle; otherwise why on earth try to frame CJ-B? Because a CJ who may not play ball in the future is a risk when crises develop, as they inevitably will, on the path to despotism. The central concern for us is the drive to autocracy; the impeachment saga is one element in this larger picture.

Does the difference matter?

Do these shades of difference among participants in the anti-impeachment movement matter? Not at this time and it is heartening that adherents of different views are collaborating smoothly to give the regime a bloody nose. But the differences could matter at a later stage. For example, if the procedures were straightened, those who are solely concerned about 2b will be mollified. Or if personal injustice to the CJ is eliminated – say a deal was struck and she is bought off with an ambassadorship or some such perk – those who are only concerned about personal injustice (2a) would probably quieten down.

But none of this will be any good in the eyes of those who see the main threat as an accumulating trend to dictatorship. In fact if critics fall by the wayside it would be a harmful distraction. Dictatorship is dictatorship, even if the road is lined with correct procedures. Dictatorship is dictatorship, even if someone is bought off on the way – the whole cabinet is a massive bribe given by the Executive, at public expense, to suck-up to its power, is it not? Therefore, we fight not for CJ-B per se, nor for correct procedures per se, but in addition we desire to build a mass movement to halt the slide to dictatorship. The battles of today are just engagements in a larger war.

Should the lady enter the political arena?

Taking it as given that Rajakapse will get rid of the CJ by some artifice or deceit the next question is what type of activity should, Shirani Bandaranayake (Mrs S; I think she would abhor the abbreviation Mrs SB, and Mrs B is already taken), engage in thereafter? I am afraid the choice of going home, relaxing with the grandkids (sorry if I am aging her prematurely), cooking Sunday lunch for the family, and disengaging from public life is not available. She is the eye of a storm and giving as good – if not better – than she gets; she has decided to bunker down for a fight. She cannot cut, run and drop the matter after the lynching.

In fact if the lynching goes through, it becomes more important for Mrs S to continue the fight in her post-judicial new after-life. The good lady has clearly projected herself as not only fighting for her own job, as not only fighting for her own good name, but also as epitomising the struggle for and on behalf of the public good. Proof of that will come only if, and in the manner in which she continues the struggle after her very likely eviction.

Clambering on the political platform with Ranil, General Fonseka, Somawansa, Bahu and so on is inappropriate. She should play a different oppositional role; that of educating the petty-bourgeoisie about the dangerous road the Rajapakse siblings are taking the country down. An ex-CJ is well positioned to explain how bad governance and rampant abuse of power are contributing to the erosion of law and order; to explain how the road to dictatorship is paved by subordinating, first the legislature (already a done deed), and next the judiciary, to the wilful excesses of an executive drunk on power.

It is useless if the discourse is confined to the English speaking elite and the chattering classes of Colombo; there are plenty of NGO’s and Justice Wigneswaran doing the job of converting the converted – no disrespect implied. What is needed is to go into the Sinhala speaking world. The JVP and the Peratugami may, perhaps, if they can overcome their congenital sectarianism, be helpful in arranging venues. Nor must the importance of going among the Tamils, the Muslims and the Catholics be neglected. The minorities stood shoulder to shoulder with her during the fight; she must repay that debt by conducting educational seminars and meetings among them on topics that build social and political awareness.

I do admire the dignity and courage CJ-B has shown so far and the poise with which she has carried herself in what must be very difficult times. But I also have my criticisms; it is difficult to forgive her for lubricating the passage of the Eighteenth Amendment. She will have to admit a mistake and seek a pardon from the public – everyone makes mistakes – otherwise there will be nagging doubts about her role as a teacher of the public at large.

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    I would like to see CJSB contesting the next presidential candidate as:
    *an independent candidate having won the blessing of all opposition parties
    *she should serve only one term
    *she should dissolve the parliament and conduct a fair parliamentary election
    *she should abolish the current executive presidency
    *tranfer executive powers to the parliament
    *she should apologise for lubricating 18a & repeal it during her term
    *she should endeavour to wipe out corruption and induce good governance during her term.

    I feel ONLY she can ever defeat the monster who runs a terror state at present.

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      New Rule: We have to stop pretending that presidents will honor their election manifestos!

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        Good going Bedrock, let’s start a list of thing that WE should do, instead of telling what someone else should be doing. That way may be WE can bring about change instead of waiting for someone else to do our job, right?

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          Straight goods Katmai! WE have to change. Instead of voting like idiots, based on race, religion, language, who can get me job, etc etc.

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      SF already tried to do that and finally ended in prison. Do you want that to happen to CJSB also? Moreover, there are 3 more years for the presidential election and by that time the stupid masses will forget all these. The ruling dictator family will do everything possible (all kinds of jilmart) to win the election.

      On the otherhand the country desperately needs an educated President, someone who has a brain to think and a heart to genuinly love the country and its people and she is the best candidate. Unlike the bogus Nationalist-Patriots (Rajapakshe family) who is taking the Sinhalese people for a good ride (very similar to Prabakaran who took the Tamil people for a ride) and plundering them left, right and center we really need someone who can put the country back in the right direction.

      Let us hope 2013 will bring some change to our country.

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      Hay, you have forgotten
      EELAM old boy Eelam.

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        Come on guys! Please think carefully and constructively!

        I would like CJSB to play the role of a liberator at the next Presidential election, not as a politician. She should liberate all Sri Lankans from the clutches of this “Family” and bring justice to all Sri Lankans.

        I reiterate ONLY CJSB can successfully challenge this tyrant at the next Presidential election, if all opposition parties bless her.

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      The Sinhala anti government forces are active again. CJ is doomed and will never be able to maintain her status after allegations proved or not. Why are the Sinhala Pundits and anti government diaspora trying to undermine this government that liberated the country from the terrorists. Isn’t it true that the anti government forces were prepared to handover one third of the country to the Tigers on a platter in the name of peace? What’s so big about CJ ? What are the so called morals and ethics and perceived injustice these pundits are talking about now? Where were these traitors when the Tigers and the JVP were killing civilians and executing them after their Kangaroo Court Hearings? Why all these fuss now about CJ. If the Legislature and the President do not want her, it’s time for her to go. Who is this CJ after all? When Mahinda appointed her as CJ all these anti Government Forces were against her appointment. The UNP even wanted her to be reported to the Bribary Commissioner. Now why the turn around ? Even the Tamil Diaspora have joined these pundits for all these forces have their own axes to grind. The traitors do not mind giving half the country to the separatists but they are very concerned about the ethics and procedures relating to impeachment. As Prabakaran once said the Singhalese have very short memories. Sudu Akka

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        My dear Sudu Akki,

        Nobody with a sane mind would say that Velupillai Prabhakaran could be defeated politically because VP did not know politics. he killed everybody who wanted a political solution. he was a lumpen and only a lumpen politician could liberate the N&E.

        Now the liberated want to be liberal and those should not be considered as Pundits. Sudu Akki, pl study what happened in USSR. Fourth generation after the October Revolution did not know what the revolution was, did not like the KGB and NKVD following them day and night and wanted to be liberal. End result was Perestroika with Glasnost.

        If the Government wants have some peaceful settlement then what they have to do is to implement LLRC recommendation.

        CJ SB in politics will be no different to Prof. GLP in politics. She will also need two nannies.

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        Mahinda Rajapakse, my sudu akke, is like a father who saves the mother from terrorists yet sell her at night for prostitution..

        Get the riddle if you can, dear sudu akke..

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    Chief Justice would never take up politics. Politicians generally change their mind, this happens all the time. For example this news item gives an idea how they talk different things at every occasion when they realize difficulties. http://zeenews.india.com/news/south-asia/cj-impeachment-to-be-used-to-move-anti-lanka-reso_819649.html . Politicians always abandon their supporters.

    They do not have principles. Their followers also get confused. No body will follow them when they tell different things each and every day. Followers cannot depend on their words. Chief Justice is a not a politician.

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    Chief Justice would never take up politics. Politicians generally change their mind, this happens all the time. For example this news item gives an idea how they talk different things at every occasion when they realize difficulties. http://zeenews.india.com/news/south-asia/cj-impeachment-to-be-used-to-move-anti-lanka-reso_819649.html . Politicians always abandon their supporters.

    They do not have principles. Their followers also get confused. No body will follow them when they tell different things each and every day. Followers cannot depend on their words. Chief Justice is not a politician.

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    Do we wait for SF, Mrs. S or ‘some foreign something’ to come and save us from our misery or are we going to do something about it?

    If you want to take to the streets be my guest but are you telling me, with all the Ph.D.s among us, we can’t outsmart this gang of goons in the middle of the lake? If your ideas are brilliant we don’t have to be so secretive, right? Because others will not come up with better ideas (if they do your idea was not so brilliant to begin with) or you can always come up with an even more brilliant idea.

    1. Don’t shop at Government Businesses (as much as you can). Why? Because, if the gov. takes over all business fields, what will the regular citizens do? The job of the government is to enforce laws and fair-play and create a level playing field. Today the exact opposite is happening. Most profitable businesses have been taken over and run to the ground by the government.

    2. Don’t vote for the same politician twice unless he/she has done something amazing that you are compelled to vote a second time (so I think it was OK that some voted for MR again after the war; but man, didn’t we know we were going get Tsunami Funded?) In other words don’t let politicians make a career out of it. If they are so interested in serving the public, let them join the Public Services Commission.

    3. Instill the value of Democracy in our kids (give them tuition on it for God’s sake), at least they will act smarter than us in the future and save our butts some day. At least our “Spring” will come in a few decades and it will arrive gently, like the real thing.

    That’s my 3-cents, but I bet the Ph.D.s and Profs will come up with much better ideas that we all can use, hah?

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      Adding my 2 cents to your 3, here are a few thoughts on a nickle; Perhaps “Paffrel” or one of the election monitoring NGO’s should have a ‘percentage of promises delivered’ chart or something as a guide for voters to refer to. Six years is way too long for a voter to remember what the hell he was promised at the last election. In the age of 4G connectivity SIX years is lifetime. Trust our politicians to move an amendment to reduce their time in office? Noooo Way!!!

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      let me add my 2 cents as well , why on earth we worry about an alternative leader now , what we need is to correct the system , current presidential system will not bring any good for any one but everything for the ruling party , hence the current constitution must go, period. Haven’t we learnt a lesson yet ? can we afford to trust any one with this monstrous constitution , not even mother Theresa ( I know she is dead )
      mark my word , under the current Junta jilmart election law , no one will ever win , even he or she won junta will never allow the transfer of power , so Asking CJSB to enter in to this dog fight is pure madness .

      if she wants to enter politics , level playing field is a must , to do that SL judiciary should take over the administration of SL for about 2-3 months and prepare a fresh constitution and call for a referendum , and the referendum should conclude without any political interference , then based on the new constitution , a general election can be held and select the prime minister through the parliament.

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    No she should not. She is too educated to go down on that pretty low level. Politicians are the biggest barbarians in this world.They will go down to any level to get their things done as most of Sri Lanka politicians are uneducated.

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    Why not? because what we have in Sri Lanaka is not a lack of proper political leadership or good governance, no sir what we lack is more POLITICIANS :))!! Given the stellar performance of the current minister of Foreign Affairs, education and erudition, no doubt, produces good politicians. ;))!!!

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    Before enter into politics CJ and Husband has bad image of corruption alligation of try grab Bankrupt Ceylinco Companies of properties and Shares by Shirniee Banadaraayake and her husband.First and formost important is clear corruption charges against them before enter politics in Sri Lanka.Clean politics leadres need without corruption allegation in favour of Public Interest.

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    The Rajapaksas will send her hubby for like 10 yrs in prison for the cooked up stories and if that is not enough, do all the dirty tricks that they did for SF with the boot lickers like Rajitha/Modawansa/Dilan/Rajiva W etc etc.

    The best for her is to get out of SL and settle down in down under with her siblings and that will do good for her.

    There will be no future for the folks in Sri Lanka with Rakapasa muscles spreading like a Octopus and going in the same way as North Korea.

    Even 100 Mrs. S will not be able to stop the rot and only a genuine peoples power/uprising like Lanka sping will take Rajapaksas killed in a sewer in Hambantota or take refuge by Chinese.

    Saying this, do not expect this to happpen anytime soon and my bet is another 25 years.

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      I agree. If worse comes to worse then take a break. She can always come back if the people want her. If the people of the country cannot stand up for their own rights and defend the judiciary they deserve to have this govt. By the time Rajapakses have finished with them there will be nothing left to fight for.

      General Sarath Fonseka is a different kettle of fish. He is a born fighter. He has weathered the storm and now has to regain his civic rights. He still stands tall and has the respect and gratitude of the nation.

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    In my opinion I’m gonna write “FUCK YOU” on my ballet paper in the next election.

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      Isn’t that how the current guy won the election last time?

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      Oh Oh Oh!!!!!!!!!!!!

      Watch your language Elvis!!!!!!!!!!!

      Instead, you may write I intercourse you.

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    Even the petty Bourgoise are busy trying to become full Bourgoise and wouldn’t have time to gather in Hyde Park.

    They are busy trying to make some money , educate their children and look for a comfortable retirement in the terror free current environmnt, which has brought in rapid Economic Developmnt.

    Most of these petty Bs will be full Bs by the end of the currnt term of the President.

    And if the Prez decides to run for a another term, even some our proletariats will also be knocking on the doors of their Bourgoise cousins.

    First bourgois hope put up by the Elitists, has no hope, until th SIL comes out with the bag full of unspent Greenbacks.

    BIL already put the spanner in the works by admitting he sent a load of Aussie.to the CJ.

    Even some Bourgoise in the top end of town incorrectly believe that it is Black money.

    So what chance does this CJ have rolling Rajapaksa?.

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    Entering the path of politics is a good suggestion.Iam afraid that this ruthless Regime will deprive her of civic rights knowing very well that she is a good contender like CBK in 1994 SB for 2014.

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    Prof Kumar David,
    What ever happened to that project Ven. ‘Maduluwawe Sobitha’. Oh, don’t tell me you have dropped him so quick to pick a totally different kettle of fish.

    Keep dreaming. It’s good stimulus to stay young. I too can offer you some tips on the subject on a gin and tonic if you come to Otters where my wife is a life member and we visit some times.

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      Damn it, didn’t even know that it was illegal to have a change of heart in Sri Lanka.

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    Anna,

    Like Villager has asked, what happened to the Sobhita project.

    I have a few suggestions. Try Paikiasothy Saravanamuttu, a good Tamil achcharu man with connections to the B family now. Failing that, try J.C.Weliamuna. If he also can’t cut the mustard, the only one i can think of is yourself anna.

    You all have so much populaarity and acceptance in the country, any one of you should be able to rally people around for the Sri Lankan spring we all have been waiting for.

    Hookworms in the anus are beginning to get restless. Quick, act.

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      “Hookworms in the anus are beginning to get restless. Quick, act.”

      These are the times I hate myself for having a vivid imagination. You must be sitting down real awkwardly right now :)

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    Prof. Kumar, What happened to Rev. Sobitha ? So you are now promoting Shiranie Bandaranayake ? Don’t forget Sarath will also be running !You shoud give a go as well !

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      Ven. Maduluwawe Sobitha totally refused to enter politics (even to take up the role of a liberator for a short period). This was well known news, where were all these idiots? Must have woken up from deep slumber or coma.

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        Tikiribanda,
        What do you know about Ven. Sobitha? As for me, I knew about not just him but his mother’s family and his uncles etc and etc. So, I cannot be in a coma for I live just around the corner there.

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    Web site must WRITE of serious DEBAT ON not Gossipe of Sri Lankan politics. The people who write this web page want change old patten of UNP politics,we need more wise and clever comment on MR politics as well as Politics of Ranil.W’s of UNP and politics of anracism of JVP and Eelam of Terrorism of Seperetism of LTTE then, can procude to learn form your wag page.Majority of whom writing on this page, thier essays are base on personal attack against on Rajapakaes Family.
    I disaggred with,that we need more altanative path and policies to is opposed Mahind Rajapaksa government ongoing policies.
    Is simple fact to be relized Rajapakese’s are products of Sri Lankan political culture of Party politics of Sri Lankan since 1948.
    The differance of Politics so-called criticism against MR is they are NOT belongs to Colombo 7 Cinaman Garden orinted-fedual-Enlish -speaking-Oxford -educated classs of origin.
    I will qouated from Mahaha Gathkaru ( Great Author or Write)of Martin Wichramasinge mention his Book of Revoluation and Evlouation who was born my mother village Koggla -Galle.
    ” Talikng of revoluation is only a means of giving vent to feeling of discontent,frustration,fury and disgust against LEADERS who could not end thier tutelage to alien culture and politics sloans,and to Western Democratic individulism which support Capitalism.As most of these leaders were IGNORANT OF THIER OWN LANGUAGE AND CULTURE.they were unable to IDENTIFY THEMSELVS COMPLETELY WITH THE PEOPLE.”Page 11
    He futher said…”To achive socilism by revoluation,armed or peaceful,people who form the rank anf file as well as discilpine themselfs togther in relation to LOCAL ENVIROMENT.This will not possible until the progressive YOUNGER GENERATION IDENTIFY THEMSELF WITH WORKERS AND PEASENT WHO ARE THE REAL NATION”…the social enviroment in towns of Ceylon still reamin a part of legacy of COLONIAL RULE.”Martin Wickramasinghe futher said..The basis of class structure in ceyoln is not merely fedulism or capitalism.Engilsh colonial rule CREATED AN ENVOROMENT AND ATMOSPHERE IN CEYLON which converted the educated

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    Prof Kumar

    People should stop laughing at your suggestions to grroom a leader who can unite the resistance.

    Lets forget about all the suggestions and you should start a movement or a party for the job.

    Like all the people who were behind SF 100%, JVP, UNP etc, will back you.Lets do it.

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      Kumar David

      I support “Realist” for that suggestions. Those goons are waitning for another person like SF to have a joy ride. This may be your turn my friend!!!!

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    I have in no way changed my mind about the need for a Single Issue candidate to abolish the Executive Presidency, hold elections and establish a parliamentary system. The best candidate is the one who can best defeat MR. The field is still open – Sobitha included as an options. These are early days, there is time enough for a joint opposition candidate to be finalised. We must get back to this once the dust and heat on the impeachment farce settles.

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      One” who can best defeat Rajapaksa”

      You lot wouldn’t beat even a card board cut of that man.

      Don’t ask why because the highly educated high flyers like you should have enough Grey Matter to work it out.

      Peace & Prosperity to all rural and poor inhabitants

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        K.A Sumanasekera

        ……but the thousands of women, children, elderly, innocent and infirm slaughtered by this tyrant in Vanni will haunt and hunt him down…….don’t worry about the next election…..Lord Budha will punish him well before the election……!!

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      Sri Lanka does not need someone who is corrupt up to the neck. Please ask her to refund the Rs. 1.6million discount she got from Ceylinco for the apartment to the Golden key depositors. Kumar is promoting a corrupt person having a corrupt husband as the Sri Lanka’s next President ! She can try another planetn!

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        Sri Lanka does not need a kangaroo court, give her a fair trial!

        Sri Lanka does not need a murder suspect as the President, conduct a retrial of the murder case in which Mahinda is a suspect (former CJ now says he should have found Mahinda guilty!)

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    NO

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    Quickest and assured way to get a prison term for CJ is to get in to politics. Dose any one remember SF. Only one who is immune from this predicament is Ranil Wickramasinghe.

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    CJ is doomed and will never be able to maintain her status after allegations proved or not. Why are the Sinhala Pundits and anti government diaspora trying to undermine this government that liberated the country from the terrorists. Isn’t it true that the anti government forces were prepared to handover one third of the country to the Tigers on a platter in the name of peace? What’s so big about CJ ? What are the so called morals and ethics and perceived injustice these pundits are talking about now? Where were these traitors when the Tigers and the JVP were killing civilians and executing them after their Kangaroo Court Hearings? Why all these fuss now about CJ. If the Legislature and the President do not want her, it’s time for her to go. Who is this CJ after all? When Mahinda appointed her as CJ all these anti Government Forces were against her appointment. The UNP even wanted her to be reported to the Bribary Commissioner. Now why the turn around. Even the Tamil Diaspora have joined these pundits for all these forces have their own axes to grind. The traitors do not mind giving half the country to the separatists but they are very concerned about the ethics and procedures relating to impeachment. As Prabakaran once said the Singhalese have very short memories. Sufi Akka

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    Prof Kumar, why you need to divide the opposition.If the intention is to defeat the present regime don’t you think every one must rally behind a man who dared to do it and who has the courage to do it, who really want to do it.I am sure you know who is.Support him and get the support of CJ for him and unite the whole country under one common candidate.what you all trying to do is exactly what the present regime want.Divide the opposition votes to so many so they will have their block untouched. Don’t do this.It is not so easy for a person to contest just cause she was mistreated by the government.Politics is not that easy.At least SF has made a name in the country and only way is to rally behind him and get all those are unhappy to rally behind him.Go in one direction .Not in so many so every one get lost.Who knows our very clever leader will offer the CJ an Ambassador post in Europe and sort out the whole drama.Our people are well known to work for their personal agenda.Look at the law professor GL. Tolerate all nonsense as long as minister post is secured.Look at JRP who talk very loud on Sri Lanka proud historians.All are same….So don’t be so hopeful of all these people yet…

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    All I know is the hookworms are crawling out, sick of the delay in getting the single issue candidate selected.

    Come on, David, we want you – the only man with the credentials and personality. Your mug shot reminds us of Abraham Kovoor.

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    Look at all the Pundits and anti government forces have joined hands with the Tiger remnants to attack this great government of Mahinda. We are fortunate that Mahinda had his brothers with him when there was so much of pressure from the international forces and local sabatours tried to stop the war. Basil Rajapakse was able to convince India to stay out and Gota finished the war and Mahinda gave the leadership to crush the terrorists. Where were all these Pundits who now try to advise Mahinda on how to run the government? These traitors and the Pundits were very silent when the Tiger Terrorists and JVP Insurgents were killing people left and right. Did these Pundits come forward then. Did they teach the Tigers to follow ethics and procedures when killing people? Where were these traitors and pundits when Tigers were bashing children on trees and killing them on farms and villagers ? Did they come forward when bombs were going off in train and busses? What are these Pundits now talking about after Mahinda freed the country. Who is this CJ. She is Going Going Gone! She is good at maintaining bank accounts surely she can find work in the financial sector? Mahinda ! may he lead his people for a long long time. “The dogs bark but the caravan moves on” ! Love to all if you, Sudu Akka signing off!

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      Sudu Akka please do not sign off

      You appear to be able to read and write and educated. Did you read the UNSG Expert Panel report? This report describes with evidence how Safe Zones and hospitals were ruthlessly bombarded by the GOSL; how over 40,000 civilians were massacred; how hundreds of inmates in custody were raped, abused, tortured, blind folded made naked and executed. This is the curriculum vitae of these brothers.

      You do not have to be a Buddhist, even if you have the mind-set of a human being you will feel resentment for what these brothers did to these pathetic people. But if you are a sub-human you will of course rally round these criminal brothers. The choice is yours.

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    We never had smart leaders that is why we have been fighting since the independence. The politicians’ thinking capability is limited, this is why we need to create a Lankan think tank to get the Sri Lankan intellectuals to get involved all around the world to discuss stable domestic and foreign policies, economic reforms, educational reforms, strengthening the judiciary system etc. Relying on the leaders and their political parties is foolishness. They haven’t accomplished anything significantly since 1948, what is the point in carrying on.

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