28 October, 2020

Blog

Supreme Court Aided & Abetted Murder Of Democracy & Joined In Collective Suicide

The Supreme Court has by clearing most of the clauses of the 20th Amendment Bill aided and abetted the murder of Sri Lankan democracy and also the independence of the judiciary, a senior lawyer told Colombo Telegraph on the condition of anonymity. The only positive feature of the determination was holding that the restoring the immunity of the President needs a Referendum, the lawyer said. That, in his opinion, was because it was too obvious. “The Supreme Court determination shows that they do not consider anymore that they have a reputation to safeguard,” he added.

Jayantha Jayasuriya CJ

“We are going back to Mohan Pieris days. The difference is that Mohan Pieris conducted the court in that way because of his allegiance to the Rajapaksas. He unashamedly even went to Medamulana to greet the President with a sheaf of betel for Sinhala New Year, something no Chief Justice has done. But the present judges are doing this out of fear for the Rajapaksas. They remember what happened to Shirani Bandaranayake. They are offering bulath from Hultsdorp”, he explained.

A legal academic told Colombo Telegraph that the Supreme Court saying that the President can remove the Prime Minister as he is the appointing authority showed to what depths the court has fallen. “The President cannot appoint any MP as PM. He has no discretion. He must appoint the MP who has the confidence of Parliament. If the power to remove a PM who has a clear majority in Parliament is not an unfettered power, what is unfettered power? The Supreme Court’s judgments are full of pronouncements that there is nothing called unfettered discretion and that giving such arbitrary power is against the rule of law and democracy. This is an insult to great judges like Samarakoon CJ, Sharvananda CJ and Justices Mark Fernando and Ranjith Amarasinghe who developed Sri Lankan public law jurisprudence,” the academic said.

“The Supreme Court has said OK to appointments to the judiciary without checks and balances brought first by the 17th Amendment and restored by the 19th Amendment. But soon, any Dick, Tom or Harry can be appointed to the Supreme Court and Court of Appeal as we saw under JRJ. It will be the same with the JSC. Under the 19th Amendment, the Chief Justice, the senior most Judge of the Supreme Court and the next most senior Judge of such Court, who has had experience as a Judge of a Court of First Instance, are members of the Judicial Service Commission. The President may remove a member of the JSC only with the approval of the Constitutional Council under the 19th Amendment. Under the 20th Amendment, the President can appoint any two judges of the Supreme Court to the JSC. There is no necessity to appoint a member with experience in the original courts. Any member of the JSC can be removed by the President. I never expected the Supreme Court to say yes to this. This is collective suicide,” a senior retired judge told Colombo Telegraph. (By Ranmal Weerasekera)

Print Friendly, PDF & Email

Latest comments

  • 39
    3

    So we have Pontius Pilates in judgement over the destiny of our country. At least though Pontius Pilate ordered the crucifixion, he was reluctant to execute Jesus. They have acted like Judas and betrayed our country.
    The last bastion we thought we could go to, as a last resort, has capitulated, may be fear.
    Oh for a Neville Samarakoon, Shirani Bandaranayake or Nalin Perera.

    • 34
      4

      No surprise. Who rules the nation today ?We should all be clear that SUPREME COURT is not from outside worold. Srilanken Judges bear the same genetics, srilanken genetics..

      When looking at today s developements in the banana republic ruled by former criminals, how can we expect the other way around.

    • 14
      0

      People gave a thorough mandate to destroy democracy and the country with full knowledge. Judges are humans. They want to save their lives like many other. India came with 15 million dollar, China came with 500 Million dollar. USA coming with 1000 Dollar???

      • 5
        0

        Ajith,
        .
        If I may correct you. people did not give but criminals in power misled them by every means.
        :
        They now interpret the mandate gotten by Gotabaya is to CHANGE 19A to 20A which is very untrue.
        :
        Srilanken voters would do any low work or become submissive for a RICE PACKET or a glass of arak – latter is KNOWN to Rajakseh rascals who are champions to fish on muddy waters. They are born heartless buggers. No exmples would be necessaary, You may have them plenty in the web.
        .
        NOT A SINGLE MAN IN LOCAL PRESS WOULD HAVE GUTS TO RAISE THE QUESTION WHAT IS THE ROLE OF §BASIL RAJAPAKSHE§ in current govt ? HE IS SEEN IN EVERY CABINET MEETING.. WHAT IS THE LEGALITY OF HIM BEING PART OF THE GOVT EVEN IF HE HAS NOT THE BASIC PREREQUISITE ? He IS DUAL CITIZEN and DOES NOT HE LEAVE SRILANKEN INTELLIGENCE TO HIS GREEN PASTURE- US ?

  • 25
    2

    They say Asians think with their hearts and not the minds. Now it has to be bellies and not minds.

    • 11
      0

      Asians or stupid srilankens ?

    • 7
      0

      hanchopancha

      “They say Asians think with their hearts and not the minds. Now it has to be bellies and not minds.”

      They think(?) while sitting on their brain.

      • 1
        0

        Native Vedda

        You mean to say that the Srilankans are indeed shitheads.

  • 4
    25

    ugh .. the SC hasto rule according to the law not reputation like this dolt suggests

    • 10
      0

      according to the law ?

      what law ?

      If at least over 6 mio would see it no right 20A or the like be passed, but to give it a green light ? And if the very same people are well aware of the consequences of 18A, what more explanations would be necessary if the people are blind and deaf ? COVID may be a blessing to this country- if it would do the job properly.

      Either your staple food should be RATATHANAKOLA or you should be born impaired. Sorry get a call to your brother who is said to be a consultant ( I also have got a dozen of related to me down in SL ) and make effort to see it right.

      And how dare you compare the COVID statistics of the US (320 mio) with that of a poor country (22 mio) and say, that US has failed to contain the virus ? That alone show size of your brain. Get well man – if you the kind of idiots would not see it, how can 70% of rural folks do it ? They trust only TV derana and TV Hiru… that are the most irresponsible TV channels of the ASIAN region.

    • 4
      0

      a14455

      Gota must thank Corona for its services to his clan and the armed forces.
      Do you know how better off Gota’s clan is compared to november last year?
      Please let us know.

      How good/bad/worse is Gota’s parallel government, run by the most stupidest war criminals? One such war criminal declared he was going to teach the northerners Sinhala and English. Why does not he teach Tamil, Sinhala and English to the southerners or learn all three languages properly?

  • 33
    3

    It would seem unnecessary now to have a judiciary who, of all three branches of government, have failed the people the most.

    Nor would it seem necessary to have a PM or Parliament, as they are no more than peons after this.

    We will soon have a king and he will make all law, judge over all things, and determine what public services will do.

    There will be no need for elections.

    So why waste money on all these things anymore? Let then all be dismissed immediately and save us at least some little money.

  • 37
    5

    ” … the present judges are doing this out of fear for the Rajapaksas. They remember what happened to Shirani Bandaranayake. They are offering bulath from Hultsdorp.”
    \
    I agree. They have already reached the top of their profession. There’s nothing major still left to hanker for. Then why should they do this terrible thing that they know will forever tarnish their reputation. They know it is a shameful judgement that will effectively destroy the judiciary and stamp their names in history text books as the enablers of a fascist dictatorship. What for? Simply because they are damn scared. They are afraid of white vans, car accidents, and fatal food poisonings.

    • 10
      0

      Judges and their nature was well exposed by the video clips leaked from Ranjana Ramanayaka. Judges knelt down before the politicians to the very same manner some doctors and doctors and other professionals would do. Some of them earned their degrees at Oxford and any other renowed Uni….. but they never got their genetics out of them…. like DOGs tail would not be straightened by putting it in a bamboo sheaths…. the nature is SLAVE minded srilanken culture would never be buried.

      Doctors, Lawyers, Engineers or any other professionals, I mean majority of them, dont care much about the coutnry/general public but myths and their corrupted culture.
      :
      They are just title holders, but their genetics remains SRILANKEN sinhala/tamil/muslim.
      :
      Very good example is being displayed by WIGIE these days- entire country is burning he is busy with TAMIL origins. – his thoughts and minds are like adding fuel to the fire. But his men believe he could do a job.
      .
      The other most standing out- right at the moment is ALI SABRY, he would do any LOW BLOW JOB to RULERs, no matter, he would be considered by his community as the number one traitor.

      I have no BURGHER man as the example, because our RASCALS have fully hunted them already few decades ago out of srilanka.

      • 1
        0

        I do miss my burgher friends and I financially support a few left behind, especially paying their medical bills.

    • 1
      0

      Ajay
      You may be right there, perhaps afraid of the white vans.Days of the dictators seem to be diminishing in Africa at present and who knows if it comes to SL.Surly our leaders are not stupid to understand that.

  • 14
    1

    After the “20A” gets into the Constitution, all the “Courts” (from Majestrate to SC) before starting the sessions for the day, the “Judges” would be required to say, (standing at attention with clasped hands placed on the head) “Pasvan Dahasakata Ayubawan Maha Rajanani. Obey Abimathaya Paridi Nadu Visadeemata Porondu Vemu”. The “Accused” will have to say: “Pasvan Dhassakata Budu Venna Maha Rajanani- Gettanta Anukampa Kara Vadala Manavi”. There won’t be any “Accumulation” of cases thereafter. The “Black Coat Mafia” will have to line up for “Samurdhi Dole”. One “Problem” solved. “Ayubovewa Maharajanani”.

    • 8
      1

      Simon,

      I think those JUDGEs that to have issued this should have been hallozinated mode right ?

      Anyways, Ranjana Ramanayaka or any one with some sanity would see it right today, SRILANKA is governed by LAWLESNESS, COURTS are tamed by Rajapakshes criminals to the very same manner or going beyond the redlines than prior to 2015.
      :
      Mahinda Rajakashe never reacted the manner GR is upto, he did it in a soft manner, but WADAKAYA of the family with the SAME criminal energies, does anything and everything in a manner DUTERTE in Philiphines goes on.
      :
      No matter EVEN their FAMILY circles will have to face the BRUTALITIES of Duterte style in upcoming months. Now with some sureity 20A will be part of the consitution, people have to kneel down before the rascals, no matter what it is. Even to do tiny things, they will have to be like ” MY WORD is the final say”. How GR gave the order to kill unarmed prisoners, innocient protesters, youth from colombo got ready for UK education but got abducted and murdered down, journalists got cornered, I wish FIRST GUN SHOT would be ORDERED to the heads of the owners or DERANA TV owner and HIRU owners.

      • 8
        0

        Let s get ready to welcome their dead bodies be thrown to drains in the days to come. TO the very same manner Gadafi brothers, and families fated it. WELCOME… this is what PEOPLE wanted…. let it be !.

  • 8
    1

    The only use of 20A is the impunity and ease it gives the president (and those under him for the purpose) to exterminate terrorists. Otherwise 20A is useless.

    But there is a democratic side to 20A too. All politicians now know the enormous power of the president. So they will be forced to win and retain voters that matter. Prioritize work that benefits voters that matter at the expense of voters that do not matter. After all resources are very limited. If they failed to do so, their rival will get all those powers after winning the election.

    2015 was the only national election out of 20 elections where minorities’ choice trumped the majority’s choice. In all other elections choice of the majority won. 20A will strengthen this process.

    • 7
      1

      Gatam

      It is not that they LOVE 20A, as was the case with 78 constitution, people are far from understanding the meaning of 20A.

      Some compare the media of the US iwth that of Srilanka, but srilanken media are not at all responsible.
      :
      If a CANCER patient is shortly before her/his death, you need to check the priorities- likewise, NATION should start against own ABUSIVE media and their irresposible services. They make billions focusing on their COMMERCIAL gains but in the same time, people are misled. People are doublt hit. On long term, MEDIA men take the profit all along. This culture is introduced by MAFIA boss et all, that is why I wish him be raw burnt in the days to come.

      • 5
        1

        Darkness of devil is not clear to the average mind set (70% of srilanken population). How many would read CT or the like NEWS websites ? Not even 10%. So how can we keep the faith on perception revolution ?

        CT s efforts are seen as a drop of OCEAN regarding the massive media mislead being carried out by LOCAL media today.

        This the CT readers and others should finally grasph… LIKE working for a nothing.

        • 5
          1

          I mean the level of darkness.

      • 4
        0

        leelagemalli But they see you Tamils and Muslims as the cancer, particularly Tamils who oppose 20A. (Muslims do not oppose 20A). And they believe 20A will do the radiation treatment!

        This is the problem of SL. It was never and never will be one united nation. Each community is going its own way. Very selfish. Government is using it to pass 20A.

        Now Wimal, Vasu and other jokers who oppose 20A are going to vote for 20A because the government threatens to bring in Tamil and Muslim MPs into their fold to get their vote to pass 20A!!

        • 5
          0

          U think I am tamil? , let it be, I d love to call me a srilanken. I dont respect our Buddhist monks as had been 3 decades ago in slanka. But as born in to a buddhist family, I was awaken today by having watched the video of those brave monks expressing their heart out being against 20A???????????????

          • 0
            0

            LM,
            .
            To be fair by GATAM, I don’t think that he meant to say that you are a Tamil.
            .
            I feel that he forgot a comma. Work it out.
            .
            Since you were not sure, it’s good that you responded.
            .
            However, I hope that you understand how useuful it is to have a “gambada ingireesi iskolemahattaya” around to remind you that punctuation must be kept in mind.
            .
            But then, I also sometimes forget.

  • 5
    0

    I make this comment out of sympathy for all Sri Lankans living on the island. Jayantha Jayasuriya is a bought and paid man. The investigations of the of corruption under the previous regime finally rested on this mans Shoulders as AG. He was part of the problem along with the former corrupt police investigator and of course both ministers of justice and other Rajapakshe loyalists who were tolerated by the previous regime. The first one wasted two years and was an absolute scoundrel while the second one pretended to be doing a good job but procrastinated and stonewalled as much as she could. Sirisena was intent on exacting maximum damage on the UNP government he offered the current CJ his Current post of CJ in exchange for his loyalty. For a brief period in time the Supreme court of Sir Lanka shined. That time ended the day the current CJ was appointed. Sri Lanka is a place where the reputation of good men and women are slandered and thrashed while lying disingenuos clowns are rewarded. That is why the country will never prosper.

  • 0
    1

    The first point of clearance of the 20A was from the AG. At that point, there was no fuss. Now that was even before the publicized “Amendments to the Committee Stage” was announced. The author of this article states that this judgment was delivered out of fear of the Rajapakses. If so, on enacting 20A, there would be no security to judges and they would be lured into delivering judgements of all cases what the high and mighty wants. That is certainly what no Judge worth his salt wants. If there is a looming threat that judgements must be delivered according to the whims and fancies of the powerful my view is that the decision would be otherwise. The author should have taken the trouble to make an in-depth analysis as to why the judgement should be other wise by pointing out its flaws. Then the credibility of the assertion would increase. As it is now if anyone calls it a wail I am not surprised.

  • 2
    0

    Well, the Supreme Court has handed down [or up ? ] its judgement rightly or wrongly.

    The essayist quotes a leading senior Lawyer, a Judge, and also an academic regarding this judgement.
    My take is that the Judges have dutifully followed that famous Latin quote……..
    Melior Tutius Paenit et.
    Better Safe than Sorry.

    The next stage where the 20th A.would be staged is Parliament.
    Would the Govt: MPP behave like foot soldiers and carry out orders of the COLONEL?
    Or will they revolt in true Srilankan style?

  • 5
    0

    Gone are the days when lawyers and judges commanded a reputation for their profession. Now they have become pimps for politicians. As long as we have pimps in judiciary and parliament, we will have to pay a heavy price. This country would do better without the Rajapakshes. It is everything to do with greed. Only covid can solve the problem.

  • 9
    0

    Those who saw what happened to the protesters of 20A from MPs in govt. as stated in LNW, will realise the power of 20A even before it is passed.
    Quote:
    Members of the ruling party who expressed strong views against the 20th Amendment to the Constitution have reportedly withdrawn their protest and promised that it would be passed in Parliament with a two-thirds majority, before the discretion of President Gotabaya Rajapaksa.
    Unquote.
    Wonder from what part of anatomy he held them by.

    • 6
      0

      Even if all politicians now know the enormous power of the president and they win and retain voters that matter, they will be totally subservient to him for any crumb from the table. Thereby the voters choice is of no value. How democratic is that ?

  • 7
    0

    Now we have judges 100% free education and in the local lingo. They are also grateful to their mentors. One judge had worked for Basil. From the employer , you can judge the employee.You can buy a land and then claim amnesia. That is justice in this country.

    Others are in various ways politically tainted. You should not expect judges like those in developed countries or even the old days. Today it is very difficult for them to write judgements in English. When they write in Sinhala it doesn’t sound like a legal matter.

    The country was pushed into this by what was started by SWRD.There is no solution.

    • 3
      0

      Do you know one of these judges was the legal counsel in the MOD under GR and he announced that he will step down on personal grounds and from the FR petition a couple of years ago..

      • 3
        0

        Ferryman

        “Do you know one of these judges was the legal counsel in the MOD under GR and he announced that he will step down on personal grounds and from the FR petition a couple of years ago..”

        All Judges, Juries, and Executioners claim to be Sinhala/Buddhists and believe this is Sinhala/Buddhist country, therefore it is alright. The president also believes “Sacred Tooth Relic protected Nation right throughout”.

        When members of armed forces empowered to bump off innocent people (April 1971 to Jan 2015) with impunity, and publicly threaten to slit off throat of the general public in foreign country, who is later promoted to the position of general, everything the judges do or do not do is in line with this country’s best practices.

        Why do you worry?

  • 7
    0

    Lankans gave their final farewell to Democrazy on the day they elected GR, who clearly voiced his desire to get rid of the constitution,which he says is an impediment to his rule (what he did not say then was parliament included). Did anyone expect anything different from SC ?? Just like those old fellas, who wish to retire peacefully , It is time for citizenry too , to say BYE to dear Democrazy and try living without it. This is called new “disciplined and virtuous nation”.

Leave A Comment

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