19 October, 2017

Supremacy Of The Law Still To Be Established 24 Months Into Yahapālanaya: Friday Forum

We fail to understand why, where there is ample evidence that politicians had committed offences for which other citizens are routinely prosecuted, remanded, denied bail and/or permission to leave the country, are treated by the law entirely differently, the Friday Forum has said.

Issuing a statement the Friday Forum said: “the President’s recent public statements on the appointment of a High Court Judge, has created further confusion in the public mind on the functioning of the legal system. Is it acceptable to disregard obligations under the Constitution in regard to appointments to the judiciary and then seek to make others accountable for interference in the process?”

Upholding the rule of law, and taking action against those who have violated the law was a principal undertaking given to the citizens when the President and many in the present government sought our votes and were elected to public office. Let them not betray the trust placed in their commitment to good governance and yahapalanaya. The President and Prime Minister in particular, have an important responsibility for leadership in this regard. Problems in governance do not justify inaction, fault finding and retracting promises made to the people to give leadership in good governance.” the statement signed by Dr. G. Usvatte-aratchi and Dr. A.C. Visvalingam on behalf of the Friday Forum said.

We publish below the statement in full:

On The Rule Of Law, Again

In November 2016, Friday Forum issued a statement (Ruler’s Laws and the Rule of Law) deploring the growing denial of the rule of law in the decade ending in 2014. Friday Forum requested the government to speedily work on many fronts to restore the supremacy of the law in relations between government and persons, and among persons themselves, including legal entities. Developments since then impel Friday Forum now to deplore the failures of the present government to uphold the rule of law by bringing before courts persons alleged to have broken the law. Initial steps taken by government in this direction with regard to some allegations held out hope that the processes for seeking justice would gather some momentum. These inquiries include those relating to the murder of the young rugby player Wasim Thajudeen, the murder and the disappearance of several journalists and some politicians, criminal abuse of power to amass enormous wealth with no credible source of income or legal transfer of property to account for them, and corrupt and irresponsible conduct of persons holding public office.

We fail to understand why, where there is ample evidence that politicians had committed offences for which other citizens are routinely prosecuted, remanded, denied bail and/or permission to leave the country, are treated by the law entirely differently. The President’s recent public statements on the appointment of a High Court Judge, has created further confusion in the public mind on the functioning of the legal system. Is it acceptable to disregard obligations under the Constitution in regard to appointments to the judiciary and then seek to make others accountable for interference in the process?

This country prides itself in the possession of a system and institutions that can bring perpetrators of grave crimes to justice. We as citizens rightfully expect that investigations would be conducted and judicial proceedings completed without inordinate delay. Close to 24 months is not too short a period in which to have taken measures to drive some vigour and dynamism into these procedures and re-establish the supremacy of the law in our society. Government has an obligation to explain why the justice system is so ineffective.

Friday Forum also observes with deep concern the serious deterioration in standards of conduct of holders of public office. Despite the recent Report of the Committee on Public Enterprises providing detailed information on the bonds scam and the even more recent incident of the Head of Police, in a telephone call overheard by many over a microphone, reportedly assuring his Minister that a relative of his would not be arrested, those accused of these violations have yet to be held accountable. State accounting procedure requires that all government revenue from whatever source be credited to the Consolidated Fund. We note that blatant violation of this procedure when the sale proceeds of billions of rupees from the disposal of the state owned land occupied by the military in Colombo Fort to foreign companies was credited to an account controlled by selected members of the armed services and Defense Ministry. To date there have been no prosecutions of those responsible. No action has been taken by government in respect of these violations.

The public is also aware of the horrendous tragedy that took place in November 2012 in Welikada prison, where 27 inmates of the prison were killed. The government, as custodians of these prisoners, was responsible for their personal security within the prison. Several Committees of Inquiry have reported on what are alleged to have been acts of violence against prisoners but none of these reports have been made available to the public, vitiating the entire purpose of spending substantial amounts of tax payer’s money on the inquiries. There was renewed hope of a search for justice when this government, after assuming office, appointed another Committee of Inquiry which duly submitted its report. The government to date, has neither made this report available to the public, nor taken any visible steps to refer these reports to the relevant authorities, so that action is taken against those alleged to be responsible for these deaths.This inaction brings indelible shame on any civilized society.

The Friday Forum raised the issue of the right of the public to access this report. We even received a copy of a letter from the Prime Minister’s office addressed to the Minister of Justice, requesting a copy of the report to be issued to us. Meanwhile newspapers publish what they say are contents of this important report. Todate the report has not been released as a public document. Friday Forum requests the government to officially publish the report, without delay, making it accessible to the public. Persons alleged to be implicated in this horrendous episode, must be referred to the authorities for prosecution of any acts of violence.

Upholding the rule of law, and taking action against those who have violated the law was a principal undertaking given to the citizens when the President and many in the present government sought our votes and were elected to public office. Let them not betray the trust placed in their commitment to good governance and yahapalanaya. The President and Prime Minister in particular, have an important responsibility for leadership in this regard. Problems in governance do not justify inaction, fault finding and retracting promises made to the people to give leadership in good governance.

Dr. G. Usvatte-aratchi and Dr. A.C. Visvalingam on behalf of the Friday Forum:

Dr. G. Usvatte-aratchi, Dr. A.C. Visvalingam, Prof. Arjuna Aluwihare, Professor Savitri Goonesekere, Bishop Duleep de Chickera, Rev. Dr. Jayasiri Peiris, Mr. S.C.C. Elankovan, Prof. Camena Guneratne, Dr. Upatissa Pethiyagoda, Ms. Shanthi Dias, Mr. Faiz-ur Rahman, Mr. Ahilan Kadirgamar, Professor Gananath Obeyesekere, Mr. Prashan de Visser, Mr. Chandra Jayaratne.

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Latest comments

  • 16
    0

    What a load of poppy cock > There is no police in this country there is a den of thieves. The answer is meditation advocated by the IGP. Joke!, Police commeission is worst than IGP. I am the victim of the annulment of the decisions of the 4 Primary courts of Sri Lanka by the police who allowed criminal trespass and disowned me of my property. No redress by IGP, Presidential secretariat, PM s office Police commission Colombo . The police commissioner gall said that this was work of criminals with police help. No wonder criminality is increasing in sri lanka. God save us all from this hypocrisy.

    • 13
      0

      Friday Folk:
      Ranil Wickramasinghe does not give a hoot about what you or any Sri Lankan think about his money-politics governance strategy, and Sira is stuck because he is out of his depth and trying to control the SLFP which was guttered by Mahinda Jarapassa.

      Bond Scam Ranil ONLY dances to the tunes of Washington,: takes advice on money laundering from the IMF and the fake policy advice industry, in this era of Fake News and Fake Development that goes with Phantom Aid – like the Volkswagon car factory , Horana tire factory, Hambantota white elephants..
      Ranil is Washington’s man and Mahinda Jarapassa China’s Dude!

      Bond Scam Ranil takes his instructions on governance from Washington DC and a network of economic hit men at Harvard’s International dev. Center’s Ricado Hausman and his deep divers, the right wing Millennium Challenge Corporation, and the IMF) that want to own and control Economic Policy and Governance in Sri Lanka..
      These US govt. funded outdated neoliberal development policy “experts” screw up countries in the global south, (including Greece that has joined the global south and remains trapped in Europe as its people are being savagely impoverished as it lost its Brexit chance). They provide “economic advise” to consolidate the IMF’s and the Washington Deep State’s hold in Sri Lanka and the economy to advance US security interests in Lanka,– to balance China.

      Ahilan Kadirgamar wrote an excellent piece in the Daily Mirror editorial page on the dangers of listening to US advisors who sell out dated neoliberal bunk, on economic growth in an era of de-globalization – bad advice that is being meekly followed by the Colonized individuals at the PM’s office.

      Bond scam Ranil got Sri Lanka into a massive debt trap with IMF at Washington’s behest, rather than ask IMF to track down and ensure return of stolen funds of Mahinda Jarapassa, using its useless experts. IMF is supposed to be a Global Financial Governance institution! It works for the global 1 percent and to impoverish the rest of the world and gives Central banks advice on Money Laundering. Arjuna Mahendran and the Blackguard Christine Legarde hit it off very well indeed!

      The interests of Sri Lanka people is the last thing on Ranil’s mind!

      • 4
        0

        Thanks for that Don. I also believe that what you said about Ranil is true. But I would like to add one more factor that affects his behavior: His homosexual tendencies.

        The bond scam and his strong defense for the perpetrators is partly, if not completely, due to this.

        • 0
          2

          Thiruvathavoorar
          Lakshminarayan,

          Your comment “His homosexual tendencies” is abhorrent.
          Ranil appears happily married to a Professor of English.
          He is a gentleman to the core.
          His politics and administration are quite another matter.

          • 3
            2

            Genetic Defect

            I agree it is abhorrent. But then, one must understand that the victims cannot help being that. It is in their genes. You say ‘Ranil appears happily married to a Professor of English’.

            I think you are right there too, ‘appears’ being the key word here. Appearances are deceptive and the wife being a Professor of English has nothing to do with it. Many English are suffering from this trait and being a Professor of English does not mean one is totally against it. Many professors are gay.

            ‘He is a gentleman to the core’. May be so. But many gentlemen are homos. The problem is when a gentleman starts to like another gentleman too much. In fact so much that he considers his ‘friend’ to be more valuable than the 62 lakhs of voters.

            I had respect for Ranil and vote for him. But now I think that was the biggest mistake I made s a voter.

            • 0
              0

              I feel so sad today:

              “Thiruvathavoorar Lakshminarayan” is beyond help – clearly he has genetic tendency to be stupid which is not his fault – it is what nature intended him to be.

              Sadly, his genes will be passed down through the generations and within a few years the Laksminarayan clan will be little more than a bunch of gibbering, drooling misfits

    • 6
      1

      No law in SL. Only buffalo.

      • 4
        0

        Psycho-war- Even the buffalo has a brain and can be even decidedly undecided when running in a frenzy from the sword of the Muslim butchers and the milkers enjoying their hindopu kiri.(curd)

    • 4
      1

      Friday Forum

      RE:Supremacy Of The Law Still To Be Established 24 Months Into Yahapālanaya: Friday Forum

      Supremacy Of The Law Still To Be Established, 68 Years after independence, and 24 Months Into Yahapālanaya:

      However, what is established is Supremacy Of The Para Laws Established, 68 Years after independence, and 24 Months Into Yahapālanaya:.

      Are the Paras ready? They need more time? What is their average IQ? 79.

      What is the average IQ of Singapore? 108

    • 3
      0

      The bunch of “Lawyers for (Gaddafi) Democracy” crooks must be shitting in their pants now….!

      Those NGO-political scoundrels are yet to learn the meaning of “Democracy”…. SHAME….!

    • 3
      0

      Unfortunately, they have not done it yet – the manner they the senior men beahveed themselves within the parliament yesterday conifrmed, that shaking law enforcement cant help the current govt further, so there is no other way than implementation of rigorous of law against anyone regardless of the status. Crime is crime regardless of its size. Then only the rest of decent men and women on this soil will ever be able to work further for the betterment of the rest.
      Devleoped world is governed not by politcians but by laws and order. Be it in Singapore, Germany or anywhere else, the law is strict as no other part of the world. That shapes up the society, filtering the good from bad and evils.

  • 3
    9

    The Friday Forum’s judgments have a lot to be desired. They are very academic as they do not factor in the complex political reality that the PM and President face. The constitution has to be passed and this requires 2/3 majority in Parliament and the cooperation of the JO in the electorate.Will any Opposition give support to a government that keeps them under threat? I think the PM and President are handling this tangled web very pragmatically. If they go by the letter they will put the entire yahapalanaya government into jeopardy. Right now we have to be happy with incremental changes.
    Cannot these learned academics in the Friday Forum open up their minds and think outside the box?

    • 2
      0

      Journo, All men lie and the world is a stage even down under.- enjoy your stay.

    • 7
      0

      Regret to disagree Shyamon. There is only one way to govern and that is the right way. No point making things complex. If you stick with the Law, then the rest will fall into place.

      There is nothing called ‘academic’ judgments. FF has articulated what ever decent, right thinking citizen would have, him/herself. Waht is appalling is that intelligent men – such as you – are revealing a surprising stance and unable to call a spade a spade.

      Believe me, a spade is a spade and must be called so; not a shovel.

      • 1
        0

        “2If you stick with the Law, then the rest will fall into place.”
        Puddhu god selects the judges and puddhu ananda milk the cows.


        Believe me, a spade is a spade and must be called so; not a shovel.”

        Panditaya, tell that to LGBT or Defense Shield.

        Tai Chi is offence or defense.

  • 4
    0

    -Ranil Wickramsinghe as well as Maitrhipala sirisena are playing games.

    They have set up the system in order to use the country to make them, their extended families, and their frineds and supporters get rich.

    Politicians plundering the country is an open secret. It is like Sri lanka enacting Indian constitution.

    Anyway, FCID and President commission are all frauds for political purposes.

    It is very clear even Ranil is using every thing and saying every word in order to become a president. Other wise, instigators and those who profitted from all the criminal activities are outside and living good lives. Instead the pawns are jailed.

    Even Wimal Weerawansha comes out as a SLFP or UNP supporter, that will be the only punishment for his wrong doings.

    Onlly an alternative not most of the exsiting politiciana and a system change wuill work. Otherwise, constitution change will not work because it is the same old gang of thieves and the brain deads.

  • 4
    6

    I thank and appreciate the Friday Forum for their statements

    Upholding the rule of law, and taking action against those who have violated the law was a principal undertaking given to the citizens when the President and many in the present government sought our votes and were elected to public office. Let them not betray the trust placed in their commitment to good governance and yahapalanaya..

    Have they anything to say about the refusal of the SLG to include int.judges in their mechanism for transitional justice and assure credibility to the victims

    • 5
      2

      Crusader, Kissing monkey rear – you would be a red herring through out your little life.
      From catholic SJV to all terrorism.Go away Lucifer!

      Mexicans are Catholics sending El Chapo stuff like you to Lanka.

  • 5
    0

    The Friday Forum is issuing statements on what is known to every literate citizen of this Country. The “YAHAPALANAYA GOVT” are aware of all that they say but they care a shit. Both the President and the Prime Minister will go their merry way doing what they are best at doing : “lying through their teeth” and doing what they want to do to further their own individual political futures at the expense of the Country and its people.

    It is we the Public, that are the gullible fools who think that “they” are interested in the welfare of the Nation and keep pointing out through all these forums, what they promised and what they are delivering, or, not delivering.

    Constitutions will be passed, Institutions will be set up, Commissions will be formed, and the “Yahapalana Caravan” will roll along doing sweet bugger all, despite the” dogs” that keep barking and baying at them, as loudly as they can. Frustration at their inaction is growing, and today people are taking to the streets in their numbers to obtain re-dress to their problems as that appears to be the only way to get things done.

    The day is not far off when the bubble will burst and mayhem and chaos will spill over onto the streets of the Nation, and then it will be too late for “any palanaya” to do anything about it.

  • 3
    4

    FF, all of this may be of little use but try we must to change the outlook of the governmentl, and therefore you must be commended for this effort.

    It is important that every conceivable pressure be applied so that the government remains to carry out its promises in doing the right thing, for, the alternative would be the very same people we managed to drive away with so much difficulty.

    Quite unknown to the President and the Prime Minister, but not unknown to the embassies of other countries located here, the governance record has been extremely poor and a total let down to those who trusted this lot.

    They havent the character, they havent the ability, and they havent a clue how to set about governing!!!

    Some persons in power havent the personality or the gumption to hold office and act in a manner which brings credit to that office. Every Dick, Tom and Harry thinking it’s fit to protest on the roads gets a free interview with the President. What a damned joke!!

    One ministerial idiot was seen telling on TV that road protests holding all traffic and pedestrians to ransom was the practice of democracy!!

    This must be the most ineffectual President we have seen in a long time, showing signs of clearly being out of his depth in his job.

    This wont do Yahapalanites. A whole new change is needed and we have no time for any more pussy footing on safeguarding and standing by the Law. If you cant deliver, get yourselves replaced.

  • 2
    0

    “Supremacy Of The Law Still To Be Established 24 Months Into Yahapālanaya: Friday Forum”

    There are many areas where law and order could be established. The main question is whether has it got to come from President, PM & Ministers. Do they have to interfere with the law enforcement agencies? Why not allow the law enforcement agencies carryout their task and encourage them. Regarding constitutional changes, it should benefit the people than Politicians. Political objectives should not target generating new rich but to make way for poor to sustain onslaught of over taxing. Non of them are to carry their wealth with them.

    • 2
      0

      Have you seen the laughing Buddha, not the hijacked Buddha?

      Even pigs can fly.

  • 1
    1

    What a beauty…

    Have they formed a new Party ?.

  • 3
    0

    KASmaalam K A Sumanasekera

    “Have they formed a new Party ?.”

    No. However GL has. Didn’t you know it? What a shame.

    Where is Gota keeping all the loot from Vanni? Has he disposed part of the gold somewhere in Sea Street? Didn’t you get a few crumbs? Where has he invested the cash proceeds? Hotels?

    • 2
      0

      After that, if not Gota for the idealistic liberal state?
      History has just begun, Catch 22 like Brexit.

  • 0
    0

    And today, another amendment, addition to the budget, 500,000 million rupees for transport cars for another 10/12 plus 4/ plus 2.
    And today, another addition for 500,000, million rupees for cabs etc?
    This is a total disgrace.
    I really hope that no other funding comes from other countries!!!!

  • 0
    2

    Don’t worry

    In his speech at the UN, our esteemed FM, in his “We Must / We Shall” said Many Things

    and one of the things was definitely Rule of Law

    For sure it will happen

    Very Soon

  • 0
    0

    Dr Ranil’s latest promise is ,to give BOOTHAYAS to our paddy cultivating farmers..

    And he also promised more assembly jobs to girls and boys to make Mobile Phones so that they can get on par with the High Tech nations..

    Theses are on top of the One Million assembly jobs again to Dalits to churn out Hoax Wagons.

    That is how hard this Dr Ranil works to take our inhabitants to the promised land, if he can get them to sign off on vellala Homeland.

    Even the Elite Yahapalana sucker in the Oz says these PhDs are too Academic to understand these Yahapalana Politics of Dr Batalnda Ranil.

    True Dr Ranil’s s mate nicked LKR 15 Bil, Hoax Siva got 250 Acres, Radial oLkku at least bought the 100 Acres at LKR 100 a Acre and the Diaspora dude in the UK got 500 Acres..

    These are all a good cause. Right.

    Wonder whether this Aussie can tell us what BOOTHAYA is in English.

  • 0
    0

    I like the idea of Dr Batalanda Ranil giving Boothayas to our Paddy farmers.

    Elite and the Anglicans call us Aumudeyas because of these stupid farmers, who got in to the bog only in a pair of Srilnkan knickers, without realizing how harmful the UV is.

    BTW, Dr Ranil made this announcement along side his other plan to take his Yahapalanay Lanka in to the High Tech Nations of the World by getting our boys and gals to assemble Mobile Phones.

    He made these ground breaking announcement s as the Chief Guest at the 150 Anniversary of St Mary’s College in Kegallae.

    Dr Ranil thanked his mate and fellow UNPer Kabir Hassim for helping St Mary’s so much.

    How much more clever can Dr Ranil get after the PhD.

    Anyway I like the Boothyas in particular because it will stop the Colombo Elite and the Anglicans calling our Sinhala Buddhist majority Amudeyas..

    And I sincerely hope,that the dude in the front gets into a pair of trousers at least to reflect the new Dr Ranil’s High Tech Nation image..

  • 0
    0

    which thief you going to vote next ?

  • 1
    0

    Its not a question of voting, it is for the Friday Forum to start blackisting politcians now. Take a full page add.

  • 1
    0

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  • 0
    0

    Can anyone ask the president to wear cloths like the rest of the pack in this photo?

  • 0
    0

    Military being allowed to misappropriate proceeds from sale of state land in Colombo shows the supremacy of the military over government policy and proves that the military regime in the north reigns supreme even in the capital city.
    The ‘heroes’ know that even the President & C-in-C cannot question their actions.
    Same rule holds too, for Police and STF responsible for the Welikada Massacre.

  • 0
    0

    During the presidential elections Mahinda Rajapaksa as a last resort appealed to the Tamils to vote for a known devil rather than an unknown devil. But the Tamils voters cast their votes to the unknown devil thinking that an unknown devil is better than a known devil. Their judgement stood the test of time for almost year and a half. Now everything has changed upside down. Not only President Sirisena, even Prime Minister Wickremesinghe has become objects of ridicule not by their political enemies, but by those who voted them to power. Both may not be corrupt or dictatorial like Mahinda Rajapaksa, but both are inefficient, inept and without backbone. The euphoria at the beginning of Yahapalanaya has evaporated. Everything is going wrong for both. President Sirisena has declared that he is not prepared to govern according to the wishes of NGOs or to serve charges on security forces. President said this while addressing the members of the security forces in Palaly. He is also opposed to the appointment of foreign judges and foreign prosecutors to the criminal court that will try those who committed war crimes during the war. Likewise, and Prime Minister Wickremesinghe claims “If a constitutional amendment is moved to set up a hybrid court it would need a 2/3 majority and approval at a referendum. This is not politically feasible”. If what both say is right, the question is why the hell they agreed to co-sponsor UNHRC Resolution 30/ 1 on October 01, 2015? Whom were they trying to cheat? Today, the duo in the eyes of the people as well as the international community have become jokers. It is sad, but that is the truth.

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