30 September, 2020

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Situation Report By Lawyers Collective: Judges Require Protection

By the Lawyers Collective

On 8th January 2013 the leaders of the Opposition Political Parties wrote to the Speaker and protested against the decision taken to take up the debate on the impeachment on 10th and 11th of January. Opposition Leaders reminded the Speaker that proceeding with the Impeachment debate is a serious violation of the Constitution. The Party Leaders sought a party Leaders meeting. See annexed Letter.

Judges Association have issued a statement urging all parties to respect the decisions of the Supreme Court. See the annexed statement of JSA.

Several threatening calls were received by two judges namely the President of the Court of Appeal  Hon. Justice Sri Skandarajah and Hon Justice Anil Gooneratne. Police have reported facts to the Chief Magistrates Court of Colombo. These two judges were among the Bench in the Court of Appeal that quashed the Report of seven members of the Parliamentary select Committee. When the Divineguma Bill was taken up for debate in Parliament large crowds, sponsored by the Government gathered near Parliament and chanted slogans against the judges of the Supreme Court.  Continuous state media attacks on the judges, the judiciary and the lawyers through posters have made judges and lawyers vulnerable for physical attacks. On 8th January 2013, a group government sponsored by certain elements of the Government staged Satyagraha,   in front of the Chief Justice’s official residence.

Lawyers all over the country will be engaged in a two day strike, commencing from 10th January 2013. Judges are expected to join in with similar actions. Please see the  BASL statement. Peoples March will commenced near the Supreme Courts, at 10.00 a.m on 10th January,  with the participation of lawyers, political parties,  trade unions, academics, civil society orgnizations and individuals.

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Latest comments

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    ‘Laywers Collective’ action plan for 2 days strike is just rubbish. It will have no impact whatsoever and MR simply turn a blind eye to hopeless measure. If the lawyers are truly committed they should prepare to stop work until this matter is resolved restoring law and order in the country. If the University acadamics can stay away for months why not lawyers.

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      absolutely true. In another comment, as i understand a lawyer, has proposed this already. So the legal fraternity, please take action, as you know very well, the threat faced by our society, as a whole. This is not the time for statements and await what happens. take action.

      If it’s legally possible ( you know best) take speaker and party leader MPs to courts for the offense of fixing debate if that itself is an unconstitutional act and get them punished for violating oath and even president can’t pardon them.

      take decisive action as only you can do this, NOW.

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    Bar association LTTE lawyer sharks, idiots can’t you black Court, corrupt, greedy sharks understand there are international effects, you fools try to give a bad image to Sri Lanka at this critical moment of the mother land.

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      Who gives the bad image to the country? why cant government pass a law accepting SC decision? open your blind eyes and see the real situation.this is a real violation of the constitution of the country.if you are not come forward to protect the democracy in the country will be sure go for a ditatorship..and then international islolation…

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    Why we are still sleeping….

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    Green dictator the clown RW is still dancing according to Junta’s tune , Rw’s clowns dancing according to newest Don Juvan , reformist UNP need to wake up at least now , enough is enough , not much time left, sri lanka is heading for a disaster. Wake up UNP ,people need some sort of leadership to organize , if you don’t rise up for the occasion populace will squarely put the blame on you guys than the current Junta.

    p.s it is no point talking of junta , they will achieve what ever they want what ever means.

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    @ their hearts lawyers know common people will not come to rescue them because “lawyer” another name for pest.

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    Sulary’s comment appears to be inappropreate. This is not a matter of rescuing lawyers. This is a matter which affect the entire nation and thier liberty. Please understand the ‘watchdog’ role the judiciary play under the Constitution. Whenever, there is a threat to the fundamental freedom and democratic rights of the people the role of the judiciary is to stand firm and annul such attempts. That is what CJ exactly did when the government attempted to bring an amendment to the Criminal Procedure Code, allowing police the keep the citizen’s in the police cells for various reasons upto 48 hours, without producing them before a Magistrate (at present the period allowed is only 24 hours). This amendment was clearly a threat to the fundamental freedom and liberty of the people. Probably you know how many are killed in police cells in this country, which has become a very common occurance. In this backgroud the CJ refused this amendment, which was not brought in the best interest of the people but against their fundamental freedom enshrined in the constitution. When this bill was refused the govt’s media spokesman clearly stated that, just because of the action taken by the Supreme Court against the govt move, they would not impeach the CJ. But those with little bit of common sence knew that they would do exactly the opposite. Rememeber, this issue has nothing to do with the CJ or her private rights but this is a matter that affects entire nation. What the govt wants right now is a judiciary with easily submissive judges who would simply carryout govt plans, disregarding the rights of the citizens. Therefore, every citisen of this country has a role to play at this crucial hour.

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    We are witnessing the emergence of another Pakistan. Will this be a blow to SAARC and the Commonwealth. The vicious manner of MR regime is going to affect the life of every civilized citizens in the country. The maintenance of law and order does not mean kasippu business, running on lamborigini cars, etc at the expense of the people. The system of Checks and Balances that was exposed through the judiciary is been strangled, if possible, it may happen further with the might of the unruly military or with the underworld criminals with the assistance of the military. Where in the world has a country released convicted criminals by a regime. It is time that the entire nation should raise with one voice in the best interests of justice and protecting democracy.

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    Ajantha’s comment is hilarious.Its such clowns that have elected these barbarians.When the government uses tax payers funds and bring people to shout for them and engage the state media to attack the judges one has to ask what levels have we have descended to.Rajathuma is the man behind all this and the brothers who think this country is an extension to Medamulana.ALL CITIZENS MUST FIGHT THIS TO A FINISH IRRESPECTIVE OF PARTY, ETHINICITY, OR ANY OTHER CONSIDERATION AS SIMPLE HONEST CIVILISED PEOPLE WHO WANT TO BREATHE FREE AIR.
    ALL THIS TIME THE COUNTRY RESPECTED THE JUDICIARY WITH ALL ITS FLAWS AND BASTARDS LIKE SARATH SILVA AND ASOKA SILVA WHO DESECRARTED,YET STILL THE RULE OF LAW WAS RESPECTED.
    IF THE GOVERNMENT TRIES TO SPREAD LAWLESSNESS BY DISRESPECTING THE JUDICIARY THAT IS THE END OF THE ROAD FOR CIVILISED LAW ABIDING CITIZENS.

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    There is only one way as mentioned by some of you. Courts must close up. Strike action should continue for months if necesary. Lawyers earn enough money unlike academics to sustain a strike. People will suffer without court hearings. Again hearings are delayed anyway. Go for it. lawyers are in an ideal position to lead activism in this country. Let the Sri Lankan Spring be a reality.If you lead everyone else will follow.

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    Lawyers collective,
    You have based all your present disruptive action on the judgement that invalidate PSC ruling on 358/2012.

    But, we hear that majority of Appeal Court judges have now written to the President of the Appeal Court Justice S. Sri Skandarajah who head the bench that delivered said judgement and accused him for bringing disrepute to the Court of Appeal on bias judgement.

    If this story is right then lawyer collective is in for a big surprise. We like to hear they have to say on this?
    Leela

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