16 June, 2021

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Supreme Court Judge Eva Wanasundera Reported For Judicial Corruption

Supreme Court judge Eva Wanasundera has been reported to the CIABOC for judicial corruption, the Colombo Telegraph learns.

Justice Eva Wansundera

Justice Eva Wansundera

The complaint has been lodged by the Public Interest Rights Activist and a Lawyer Nagananda Kodituwakku yesterday. In the complaint lodged to the CIABOC, Kodituwakku said that he conducted an in-depth independent investigation into the National List provision in the Constitution, which permits, rejected candidates to enter parliament through the National List.

He noted that his investigation revealed conclusive proof of a Constitutional Fraud, involving the then President J R Jayewardene, and 5 judges in the Supreme Court, who were directly responsible for permitting the clause introduced to the Article 99A of the Constitution by fraudulent means, paving the way for defeated candidates to enter the parliament through the backdoor, without a mandate being obtained from the people as the said clause patently violated the entrenched provisions of Article 3 of the constitution, which protects peoples sovereign power of franchise.

In his complaint, the activist informed CIABOC that he managed to discover the Supreme Court Record (SC/SD/02/1988), which revealed that the whole process adopted by the Supreme Court in 1988 was manifestly unlawful which was amounts to commission of a ‘Constitutional Fraud’ in which all organs of the government, including the judiciary was involved. The complaint of the activist further reveals that the Supreme Court has deliberately acted against its Constitutional obligation to the people to confer a unlawful benefit to the then government headed by President J R Jayewardene.

When he requested for a certified copy of the said case record it was initially declined by Chief Justice K Sripavan, Justice Chandra Ekanayake and Justice Priyasath Dep who had fully comprehended that there was a serious mistake done by the 5-Judge Bench of the Supreme Court on 18th of April 1988, approving the disputed clause permitting party secretaries to nominate defeated candidates through the National List. Therefore, activist Kodituwakku states that the Chief Justice and other two judges declined to release a copy of the relevant case record. However, when it finally came down to Judge Eva Wanasundera, she straightaway refused to release it to protect the interests of those who were involved in this fraudulent act. The order made by justice Eva Wanasundera against the release of the said Case Records reads as follows.

“… Communication between the President and the Chief Justice and the Observations of the Court, which are communicated to the President and to the Speaker, need not be disclosed to Mr Kodituwakku. The request contained in the Motion is therefore refused…”

Therefore the activist Nagananda Kodituwakku states that the ruling given by judge Eva Wanasundera clearly displayed an abuse of office of the Supreme Court judge and clear bias towards the Executive, to cover up a grave Constitutional Fraud involving all three organs of the government. He says that Judge Wanasundara should have been fully comprehended that in 1988 the 5-judge bench of the Supreme Court had been involved in this Constitutional Fraud. “Her intention was apparently to prevent initiation of any judicial process to rectify the Constitutional Fraud” committed against the people” which amounts to commission of an offence of ‘corruption’ as defined in the Section 70 of the Bribery Act, the activist states.

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Latest comments

  • 14
    5

    Mr Nagananda is trying to draw a long bow here.. Anyway good luck”

    But don’t let it mask the good work you have done and has to do going forward, , specially to get that 5 Billion back from FIL, SIL and the seven associates from the UNP…

    • 6
      0

      people of your nature would take longer than others. That is even clearer in a country of our nature. Meaning most are more for corruption and abuses, than the otherway around.
      There you re number 1 example.
      Yesterday, having watched weekly Satana Program, I became clear, whoever whatever being explained, the fund grabs ranging to billions of dollars were the truths according senior cabinet ministers having the proving documents in that hands, but the handlings between too countries make it dificult to get them within shorter period of time. In the days to come, they will even release those documents proving the nation the realities of those money grabs.

    • 7
      4

      Supreme Court judge Eva Wanasundera

      RE: Supreme Court Judge Eva Wanasundera Reported For Judicial Corruption

      Can somebody Report the “President”, Turn, Traitor, Gon Sirisena, for Presidential Corruption, as well?

    • 5
      1

      KASmaalam KA Sumanasekera

      “specially to get that 5 Billion back from FIL, SIL and the seven associates from the UNP…”

      How about going back say by 15 years and catch the thieves, crooks, the clan and cronies?

      • 0
        0

        Naive,
        for the last 2 years we have been begging to catch the thieves during the last 15 years! Please, please can you help them to catch thieves?

    • 4
      0

      Mr Nagananda,

      it was my dream to meet up myself with Late Rev. Sobitha thero. Unfortunatley, this I missed. Today i regret very much.

      But I now feel, I also want to see you personally and talk to you – since I believe, you are a great human being. More of your kind are lack in srilnaka today. That is very unfortunate. We have lawyers produced by lanken colleges, but most of them have no lawyer qualities, even as MINISTER OF JUSTICE, Wijedasa has done very little sofar.

  • 4
    0

    Can the records be released under the new Freedom of Information act?

  • 11
    5

    Naga, You are my hero. My house is open to you, if you happen to be in UK.

    • 2
      4

      k, can i have address please?

      • 8
        2

        Please Mr. Nagananda, be careful. This man Srinath Gunaratne is a criminal supporter. He would even die for Rajapakshes. We have enough of Rajanos. We dont want anyone with brains to support directly or indirectly to Rajapakshe camp again.

        • 3
          1

          Sama
          I am still waiting for your two jokers heading the government to convict Mahinda in a court!
          At least in petticoat!
          I hear there is no case for Avant guarad too?

          • 1
            1

            How long it took to convict Slobodan Milosovic ?

            You hve been in Europe, to behave as if came from wanni is no means acceptable.

            No longer the high criminals – Athigaru and his family will have to face it.

      • 5
        1

        Dont cheap to go and visit Srinath. You may only get to see Rajakahse supporters there.

  • 14
    1

    Great to see Mr Kodithuwakku taking on the corrupt establishment single handedly.
    He maybe a lone voice but a credit to his profession.

  • 4
    1

    It would be of help if Mr. Koditwakku or any one else clear my doubt if a subsequent application was heard by Justice Eva Wanasundera on the same matter previously decided upon by the CJ Sri Pavan and Justices Chandra Ekanayaka and Priyantha Dep?

  • 4
    2

    I am no lawyer to say whether the CIABOC can go into the internal workings of the Supreme Court. I am sure that if an investigating officer of the CIABOC were to go into the matter or if the CIABOC would summon someone in the SC they might be hauled for contempt of the SC.

    But what harm can be done in releasing a case record? The judges know that Nagananda is a “trouble maker”. Communications between the President and the SC to ascertain the legal position are not love letters. Once the SC gives an opinion on the matter at hand it becomes a decision of the court and it binds perhaps itself and the lower courts. Hence I maintain that let principles of Good Governance prevail over prejudices and the records be made available to public.

    • 3
      1

      This request if granted will upset the political frame work currently
      in practice. So MS & RW will ensure their Kingdom is NOT affected, as
      did JR – precedence matters.

    • 4
      1

      Good governance in nothing but a simple term – just like ‘Yahapalanaya’. Just words that obfuscate and to be used by con artists. There is no good governance in Sri Lanka, not before not now nor in the future. Eva Wanasundara is part and parcel of this corrupt set up. Even the SC have many skeletons in the cupboard and Nagananda Kodituwakku is the last person they would allow to take a glimpse of this dirty cupboard.

      Anyway I take my hat off to NK. He is one hell of a brave chap.

  • 8
    1

    No matter a man or a woman, beggar or a millionaire, it looks as almost all of the people in this country are crooks and involved in fraudulent acts. That is the problem in this country, and people should understand it. If needed a better tomorrow need to change this behaviour. If not, this country will become a Zimbabwe very soon and nothing can stop it. Thanks NK, for your yeoman service to the country.

    • 1
      0

      Upul, you are right.

      I am telling you what Germans and other EU folks hold about the Trump election victory. Not at all many in Germany would be happy to work with him. They are very worried about the next 4 years. They truly believe an another blunder being made by own folks as was the case with Brexit in the UK.

      Not many would get it, but we as ones live in Europe feel, americans have made it clearer they cant be better than any other developing folks when voting in elections. And the fact that Americans are more hypocrites than appeared to be.

  • 3
    0

    It is obvious that JRJ compelled the then supreme court to include this obnoxious clause of allowing inclusion of persons rejected by citizens at elections, in “national lists” – which are an insult to any democracy.

    Eva Wanasundera obviously did not want citizens to come to know this disgraceful servile act of the former court.

    But, will this court indict the former one is the question.

  • 3
    1

    In the civilized world where Law and Order is given maximum priority,a person like Eva Wanasundera would have been impeached upon an address in Parliament!

  • 1
    0

    The judicial system in SL is corrupt to the core as Raj Rajaratnam said when he was asked wheather the 10 year jail sentence for insider knowledge for his stock transactions was fair said yes it was and that if he was in SL he would have paid Rs 50000/ to the judge and the judge would be at his house the same night for dinner.Nagananda K. you are my hero too ,I have mentioned before that he should be attorney general.Nagananda I look forward to meeting you so that the filth could be got rid of unlike the friday forum that talk of issues over high tea(with crumpets and scones) just interlectual masterbation at best.

  • 0
    0

    jay gunasekera.

    …crumpets and scones and jamtarts[for non-diabetics],ulunthu vadai for the others..

  • 1
    0

    This so called act does not fall in to the scope of section 70 of the bribery act as the main ingredients of the offense I e the loss to the government and the personal gain could not be established ! Hence this is another pointless work .

  • 1
    0

    Irrespective of the validity of this clause, why party leaders are appointing defeated candidates for nominations through national list. Are party leaders and nominated candidate also obliged to respect the sovereignity of the people and the rule of the law? Why we demand this only from the judges. Let us not forget that during JR’s time, SCJs did not have an option to act otherwise. Otherwise they also would have gone to Australia following Neville Samarakone. Let us not forget the history.
    Find fault with the party leaders first before going behind the fence!

  • 0
    0

    This woman is now appointed Acting Chief Justice. Are they so short of decent lawyers in Srilanka?

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