15 November, 2019

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Sri Lanka: Attacks On The Independence Of The Judiciary Must Stop, Warns UN Special Rapporteur

By Colombo Telegraph

“The UN Special Rapporteur on the independence of judges and lawyers, Gabriela Knaul, expressed today serious concern about the impeachment proceedings against the Chief Justice of the Supreme Court and the recent attacks against lawyers who have been fighting for the independence of the judiciary in Sri Lanka.” says the office of the United Nations High Commissioner of Human Rights

Gabriela Knaul

According to information received by the independent expert, attacks and threats against members of the judiciary and lawyers, as well as interference in their work, have dramatically increased over the past few months, it says.

“The recent steps taken by the executive and legislative towards impeaching the Chief Justice appear to be the culminating point of a series of attacks against the judiciary for asserting its independence,”  Gabriela Knaul said.

On 8 December, a Parliamentary Select Committee established to investigate and report to the Parliament on the allegations levelled against the Chief Justice, found her guilty of three out of the five charges which it investigated. “It is of high concern to me that the procedure for the removal of the Chief Justice of the Supreme Court is extremely politicized and characterized by lack of transparency, lack of clarity in the proceedings, as well as lack of respect for the fundamental guarantees of due process and fair trial,” said Knaul.

“I would like to reiterate that article 107 of the Sri Lankan Constitution, read together with Standing Orders of Parliament, is contrary to international human rights law, as already noted by the Human Rights Committee in 2003,” she stressed. “Modifying the Constitution is essential to prevent political persecution of independent judges,” she added.

“To be compatible with both the principle of separation of powers and international human rights law norms, disciplinary proceedings against judges should be conducted by independent commissions and guarantee full respect for due process and fair trial,” the UN expert stressed.

“I urge again the authorities of Sri Lanka to reconsider the impeachment of the Chief Justice due to the lack of due process and fair trial guarantees and to ensure that the judiciary can operate free from external pressures, threats or any interference,” added the UN Special Rapporteur.

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    As The judiciary under massive attack by the Rajapakse regime how can the UN expect SL judiciary to conduct a fair investigation into war crime allegation? The UN must act decisively now.

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    Almost all the countries of the World are UN Member States. I think, all the Banana Republics which have very serious Human Rights Violations and unwarranted attacks against the Opposition and the Judiciary should be expelled from the UN and isolated so that Dictators will not be able to raise their heads. The World Bodies should look into these very serious issues to help the innocent civilians who are suffering due to these high handed actions of just a few. In Sri Lanka, there is a different kind of Apartheid unlike what existed in South Africa. Here, a few power greedy people loot the wealth of the country to rule forever and the majority (could be over 95% of the population) suffer immensely. We, the suffering masses are happy to note that the UN and other international bodies are taking serious note of what is really happening in Sri Lanka.

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      Ronny,

      I cannot but reiterate your excellent comments implementation of which is now long overdue from UN, SAARC and their member states. If they do not act now and just look on doing nothing there is no use or
      raison d’être for their existence and hence we the suffering masses are forced to acknowledge that they too are part of this despotic regime for their own personal secular country political economical specific agendas.

      “.. Almost all the countries of the World are UN Member States. I think, all the Banana Republics which have very serious Human Rights Violations and unwarranted attacks against the Opposition and the Judiciary should be expelled from the UN and isolated so that Dictators will not be able to raise their heads. The World Bodies should look into these very serious issues to help the innocent civilians who are suffering due to these high handed actions of just a few. In Sri Lanka, there is a different kind of Apartheid unlike what existed in South Africa. Here, a few power greedy people loot the wealth of the country to rule forever and the majority (could be over 95% of the population) suffer immensely. We, the suffering masses are happy to note that the UN and other international bodies are taking serious note of what is really happening in Sri Lanka..”

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        Merci beaucoup. I fully agree with your comment having served the UN system and in International Associations in different capacities. You have used the French phrase very correctly with the proper accent. “Bonne année et bonne santé”.

  • 0
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    UN is an ineffective body that makes statements of concern and seldom acts to dispel the cause. UN members worry about their own interests more than the merit of any matter they are supposed to resolve.

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    Wonder whether Gabriella is planning to send in Blue Berets to bail out out beseiged CJ?

    Then again hubby won’t be able to get on board until he gets a tick from the Bribery commisssion.

    By the way couldn’t the Gabriellas of this august body do something to save hundreds of innocents getting killed , maimed and orphaned in Syria?

    Wouldn’t the heavy weight members of the Security Council give Gabriella a recptive ear?.

    Gabriella shoulld collate all the deaths, and injuries, in all the places where these do gooders has had a hand in 2012, and see whether they can make their New Year resolution to reduce the total in 2013.

    Peace and Happiness to All.

    • 0
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      Suman,
      Beware! Gabriella will pick a drone, load it with knickers and send it on a bomb mission to bury you.

      Happy new year

    • 0
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      Gabriellas could not stop the bleeding in Syria because of your friends in China and Russia.

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      Hay K.A Sumanasekera the regim’s laundry operator,

      Beware, Gabriella might pick up a B56 bomber and send you an airplane- full of period panties used and discarded by her for you to use as a bed to sleep on while you are seeing more day dreams!

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        “Gabriella’s used …..d panties’ Says the rabid anti Rajapaksa and anti Sinhala Buddhist Silva

        This mone ofust be one those “SEX “surfers who are trying to give our Motherland a bad name.through GOOGLE.

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    High time the UN takes action against this rogue government. The Sri Lankan people completely disassociate themselves from the actions of this dictatorial regime. The whole nation is suffering.

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    Hon.Shirani Bandaranayake
    Member (Judge of the Supreme Court)
    Judicial Service Commission Secretariat,
    Hulftsdrop , Colombo 12.
    Tel: 0112433447- 204

    Dear Shirani Bandaranayake,

    I am Lakshan Bandara, an agent reference for the people of Sri Lanka.

    Current speaker of Sri Lanka parliament Chamal Jayantha Rajapaksa confirmed the former speaker late Anura Priyadarshi Solomon Dias Bandaranaike’s statement that Legislature is superior to Judiciary as per the Constitution of the Democratic Socialist Republic of Sri Lanka, were parliamentary members are elected representatives of people.

    Lack of checks and balances among core institutions effect sovereignty of people.

    I can prove using the constitution of Sri Lanka that Legislature is NOT superior to Judiciary.

    Since the said matter effects you and if you’re interested, I can explain it in detail.
    Hope you can make an immediate appointment for an intellectual discussion.
    Email: grlm_bandara@yahoo.co.uk

    Thank you.
    Sincerely,
    Lakshan Bandara
    (an agent of the People of Sri Lanka)

    • 0
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      Lakshan

      Your email address might put off potential clients, please change your email address!

  • 0
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    Your selective ‘concerns’ about things happening in the world is amazing … Especially regarding Sri Lanka, you have a relentless attention and nothing goes without unnoticed … Any agenda, madam? …. Hoping to add all these little ‘concerns’ to gigantic ‘CONCERN’ so that outside interference possible?
    Anyway, thanks for the ‘concern’ …. Happy new your to you madam Gabriela Knaul ..l

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    UK is only a barking dog and never bite, Rajapaksa regime knows that. Mere threat will not be considered in Sri Lanka. I do not say the processs and the intention in the impeachment is right, but Rajapaksa regime knows the weakness and the strength of UN and Sri Lankan people. Sri Lankans are lacy and not rational

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      UN is only a barking dog and never bite, Rajapaksa regime knows that. Mere threat will not be considered in Sri Lanka. I do not say the processs and the intention in the impeachment is right, but Rajapaksa regime knows the weakness and the strength of UN and Sri Lankan people. Sri Lankans are lacy and not rational

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      Ahamed,

      Why do you say UK is only a barking Dog….Please don’t talk nonsense.

      It is not that UK is a barking dog….but the Fuc..ng Rajapakse doesn’t care what ever happen to Sri Lanka and It’s Citizen both towards Economy and livelyhood as long as his family and friends could hang onto power.

      Do you know how many Free Trade Zone factories were shut down….and how many workers went unemployed due to Removal of GSP Status from SL by EU countries…. It’s over 500 Factories and over 15,ooo workers lost their jobs.
      Do you think MARA care a hang for those people……Do you think MARA care a damn even if half of the people in Sri Lanka Drown in the ocean while trying to flee in Boats……..

      You are Crazy if you believe he cares for anybody other than his family. He don’t care even to the amount of compassion and sympathy that British Govt. and it’s people care towards our Sri Lankans. MARA’s are just the qualities of Total DICTATORSHIP.

      CJ impeachment is the only opportunity we citizen have to KICK MARA DICTATOR OUT…….and for that we all should unite to achieve that objective.

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        Mahela,
        Just gaze at any factory entrance; you will see large notices listing various vacancies available. If you don’t believe me, ask the personnel manager of any factory, he will tell you that his company will pay even a commission to you if you introduce a good number of workers to them.

        We in the villages hear at evenings of practically every weekend some company announcing vacancies and all types of benefits they offer in their factories through loudspeakers. I do not know what nonsense you are talking about?

        Show me a single news item that says so and so had died of hunger in Sri Lanka.

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          Hay loin cloth clad amuda villager,

          What the hell of amuda nonsense you are uttering? Your amuda utterings clearly reveal your amuda knowledge about what is going on in the country? Why people are not going to fill those vacancies is not because people are self-sufficient or full of money and means of income but because the salary paid to them at these jobs is not enough or worth taking the pain of doing the job!

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            Piyasoma,
            Pity you idiot does not know that 70% of this country live in villagers and are fully employed and paid well with all kinds of benefits. You’d better know that both my knowledge and amude were natural to my family tradition. I bet sloth like you sweep roads to Ab.ns half drunk all day for a summa and sleeps the rest of the time in a shanty in a mudukku. No wonder you complain for being underpaid.

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              Amuda [Edited out], cesspit lying maggots like you know nothing about the horrible poverty and degradation of the poor people of this country. Do you know how may girls are being raped a day? Few months back a political fucker from your utopian dystopia celebrated the raping of the 200th girl which was attended by most of the “father figures” of your rotten dystopia! You stanching pig, how on earth did you learn to use the computer keyboard while you are lying in the ditch and cesspit of the brat pig MARA? Go and give your bitch to MARA pig to beget another pig like you so that we can roast it together with you for dinner. Go to hell you stupid [Edited out]!

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      J.Zuhry Ahamed says:

      “UK is only a barking dog and never bite”

      Please I know Sri Lankan’s are very stupid people however I didn’t expect you to be this stupid.

      Look up the recent history

      Afghanistan
      Iraq
      Libya

      and now Syria.

      British don’t bark nor do they bite they just bomb the hell out of you.

      In Sri Lanka’s case mind you the guardian angel is India.

  • 0
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    There were two serious allegations against two very high cabinet ministers one of them transfered 80 odd million rupees which were given for tsunamu relief work,to a private Bank account of his sister, the other had a bribery investigation for unaccounted 80 odd million rupees. This minister is supposed be known as ‘raththaran’ from Kaluthara district. Our present CJ has not commited such an offence.Where is justice?.
    Rawana

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    Who is this woman to say that a country’s constitution is invalid because it does not comply with some crappy human rights treaty the West has imposed on the UN?

    If there is a problem, it is with her treaty. A sovereign nation decides how its constitution should be.

    This woman should read the founding Articles of the UN, 2(a) in particular, which says that she has no jurisdiction over a soverign member state.

    Those who want to surrender to Western plots like the human rights band, can do so, but some sovereign nations decide not to.

    So there you are lady, go and tell someone else, to justify all the tax free US dollars you are getting. May be J.C. Weliamuna will join you if you buy him a ticket.

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      Mrs. Gabriela Knaul took her functions as Special Rapporteur on the Independence of Judges and Lawyers on 1 August 2009. She has more than 10 years of experience as a judge in Brazil and is an expert in criminal justice, particularly on issues of due process, sentencing and execution of sentences, as well as the administration of judicial systems.
      She has worked with prison directors as a judicial supervisor to ensure the respect and protection of the human rights of prisoners and detainees in a variety of detention environments, including high-security prisons. Prior to being appointed as a Special Rapporteur, Mrs. Knaul worked with the National Judicial Council of Brazil on a project to enhance the functioning of the Judiciary, in particular the independence and impartiality of judges, but also the effectiveness of the judicial system.

      She holds a Master’s Degree in Public and Private Law from São Paulo State University and an MBA in Judiciary Management from the Getulio Vargas Foundation in Rio de Janeiro. She has also lectured extensively as a Law Professor at the Universities of Primavera do Leste, Rondonópolis and Cuiabá.

      As Special Rapporteur, she visited Bulgaria, Colombia, Mexico, Mozambique and Romania on official missions and has participated in several academic and professional events of judges, magistrates and lawyers in Amsterdam and The Hague (the Netherlands), Dakar (Senegal), Geneva (Switzerland), Istanbul (Turkey), Kiev (the Ukraine), Male (Maldives), Mar del Plata (Argentina), Montevideo (Uruguay), Praia City (Cape Verde), Seoul (Republic of Korea), and Tegucigalpa (Honduras).

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      Jagath Jayaweera the ass kisser and licker of MARA,

      Who the [Edited out] are you to talk about sovereignty of nation? Are you the savior of this nation? Go and bury yourself in a[Edited out]. It is traitors like you who are trying to sell this nation and its sovereignty to despots like MARA fuckers. Lotha [Edited out] like you, MARA, GOARA, CHARA and other maggots of the ilk do not have any right whatsoever to talk or even think of sovereignty of the nation because it is you and they who are destroying it. The uncultured uneducated bastards like them and you are blacklisting this country by the day and finally the whole world will fuck you and us all in the asshole! Asshole fuck-donors like MARAs, you and others who are commenting here on behalf of the regime of clowns will drag this country into a situation like in Iraq, Afganistan, Syriya, Egypt etc. Beware [Edited out], our blood is simmering in anger and when the people lose their patience you will learn what the people of this country mean by sovereignty as against your prostitution-sovereignty.

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    Rajapakse Family Dictatorship have started a new wave of Violence and suppression of masses with misleading media and instigating fear with white van abductions, arbitary arrests and intimidating masses with false foreign conspiracy to topple Govt. etc.

    These false propeganda are spread to suppress people for the benefit of Tyrannical and Dictatorial MARA Family to exploit our country…..similar to Gaddafi, Saddam Hussain, Mugabe etc…

    This is nothing but……Re born of STATE TERRORISM……trying to introduce again gun and fear culture among citizen.

    This may also be a pre-empt to impeach CJ and take over Supreme Court under Defense secretary Gotabaya Rajapakse.

    Come January 10th 2013 Govt.Parliament will deliver the verdict as CJ is guilty similar to the PSC verdict.

    If the Govt.Parliament Impeach CJ …….what is opposition parties, Supreme court, Bar association, Buddhist Preletes and other religion clergy, trade unions and we citizen plan to do………Have any opposition political partiess drawn any plans to address masses on this issue and what action to take to stop CJ been kicked out by MARA.……………

    We have to prepare to safeguard CJ, the Judiciary and the Supreme
    Court for our safety and rights…..and if we fail definitely MARA-GOTA Tyranny Dictatorship will abuse all of us citizen who oppose to their Dictatorial Regime.

    Therefore I request all the opposition parties to come up with Plan A..B..and C to Safeguard our Madam CJ and the Judiciary and inform Masses in advance as to what action they take and how we could contribute to STOP MARA GOVT. TRY TO CHANGE OUR CHIEF JUSTICE…. AS WE CANNOT ALLOW THIS TO HAPPEN.

    WE ARE EVEN READY TO GET INTO STREETS AND WILL RALLY ROUND THE SUPREME COURT FOR SATYAGRAHA. WE WILL NEVER ALLOW MARA DICTATOR TO CHANGE CJ AND WILL FIGHT FOR OUR RIGHTS TO THE END.

    BOTH UNP AND JVP ALONG WITH ALL TRADE UNIONS SHOULD TAKE A STRONG PRIORITY TO ORGANISE MASS DEMONSTRACTIONS AND INFORM US CITIZENS HOW TO JOIN YOU.

    ALSO KEEP INTERNATIONAL COMMUNITY AND UN INFORMED TO COME TO OUR RESCUE IF GOTA PLANS TO UNLEASH HIS UNDERWORLD THUGS, SIMILAR TO WELIKADA PRISON MASSACRE TO DISRUPT OUR DEMONSTRACTIONS AND HURT OUR LIVES.

    This is Very Important.

    EVERY PATRIOT SHOULD COME FOREWARD TO SAFEGURAD CJ, JUDICIARY and our freedom of speach, liberty and justice.

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      Jayantha,
      Remember all that what I wrote about this drama since it began! All of it is about to come true. So, when and where do you think this so-called demonstration would take place eh?
      Leela

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    This joker Jayantha must be living in another world, or he is a serious mental case. Otherwise he won’t write like this.

    “This is nothing but……Re born of STATE TERRORISM……trying to introduce again gun and fear culture among citizen.”

    WHere the fuss do you see terrorism now?You think people are going to believe your sick nonsense?

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      “WHere the fuss do you see terrorism now?You think people are going to believe your sick nonsense?”

      The sick nonsense is your master nandasena rajapakse! Only the people who are either blindfolded or looking through various coloured glasses cannot see the state terrorism in all parts of the country, especially in Jaffna.

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      Deshapremiya,

      it is only either you have eyes…but can’t see…or have brains but can’t think……or simply a MARA pin Padi a.s licker..

      1) Didn’t you read abovt Welikada prison Genocide by GOTA goons…..killing over 37 prisonners and injuring many and documents burnt…but no arrests yet.

      2)Attacks on Bar Association and Judiciary members and their homes….but no arrests yet.

      3)Burning of kachcheri building along with all the files and documents….and now proved it’s an arson.

      4)Attacks on university students and their families, White van abductions in North and South, grease yakas, polla for flood victims with people’s and state land grab….etc…etc…

      Could you prove if these are false comments…..

      You are not a Deshapremia……But MARA hora salli kappam commission kakka Premiya.

      Watch your back.

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      Deshapremiya (deshadrohiya)!,

      Hay [Edited out] living in the cesspit of the leading MARA-pig in the country! It is sick nonsense pimp asshole-donor [Edited out] like you and your regime of backboneless timid fuckers who are robbing this country that is the real problem of this country! Your days are numbered! I don’t think you will ever find a culvert to hide your stanching self because our astray dogs know how to sniff you out due to your stench!

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    UN is toothless to bite rajapaksa, Ban ki Moon pulls the strings from there as Mara rogue regime supply all his pleasure & wants.

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    The UN Special Rapporteur on the independence of judges and lawyers says “I would like to reiterate that article 107 of the Sri Lankan Constitution, read together with Standing Orders of Parliament, is contrary to international human rights law, as already noted by the Human Rights Committee in 2003.” Modifying the Constitution is essential to prevent political persecution of independent judges. To be compatible with both the principle of separation of powers and international human rights law norms, disciplinary proceedings against judges should be conducted by independent commissions and guarantee full respect for due process and fair trial.
    Is this an official communiqué? The office of the United Nations High Commissioner of Human Rights should be proactive and indicate the consequences of not heeding this warning. She and the United Nations High Commissioner for Human Rights should try to persuade President Rajapaksa to follow a procedure consistent with the Human Rights law.

  • 0
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    GET TO THE STREETS ON THE SAME DATE AND TIME AT DIFFERENT PLACES, NORTH, SOUTH, EAST, WEST AND CENTRAL, WITHOUT THE KNOWLEDGE OF THE GOONS SO THAT THEIR RESOURCES COULD NOT STRETCH TO ALL THE AREAS WHERE THE PROTESTS ARE HELD.

    KEEP ALL CONTACTS UNDER LOW PROFILE. COORDINATE ON MOBILE, TWITTER, FACE BOOK. MAY BE THEN THE POWER GRACED AND LUNATIC MORONS WILL THINK TWICE BEFORE THEY UNLEASH THE MAD DOGS ON THE CITIZENS WHO PUT THEM TO THE POSITION WHERE THEY ARE SITTING AND EATING BONE DRY ALL ITS WEALTH.

    TAKE THE YOUTH ALONG WITH HAND HELD CHILDREN WHO ARE THE FUTURE CITIZENS OF THIS ISLAND.

    THESE GOONS WERE ELECTED (ONE HAS TO RETHINK HOW) TO RUN THE COUNTRY AS CARE TAKERS. NOT TO OWN IT AND RUIN IT.

    JAYANTHA YOU ARE RIGHT, NOW LET US ALL UNITE AND SEND THEM ALL BACK TO THEIR MUD HUTS FROM THE PALACES WHERE THEY ARE NOT EVEN FIT TO PISS OR SHIT IN.

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    It is dangerous for Sri Lanka to presume that UN is toothless. The fact that already there is a tough resolution adopted and the failure of China to be reelected for the UNHRC for the present term makes it extremely difficult for Sri Lanka to defend in UNHRC. Recent UPR was also adopted unanimously. UN is very unlikely to impose economic sanctions which affect ordinary people, the punitive action may be somewhat different. UN deals with different countries in different ways. No body can predict what would be the outcome. Libya was not a signatory, they have not ratified the charter, yet the UN acted against that country. Myanmar, it is a totally different approach. Hence, the best defense is for Sri Lanka to respect the United Nations and the international law. Currently used tactics in Sri Lanka, such as Intimidation, Interference and insulting judiciary using state media is not going to be successful with the United Nations. It is a totally different situation from that of the prevailing local conditions in Sri Lanka.

  • 0
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    raja hora is the main culprit.

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