30 September, 2020

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The Comments Of Sarath Silva – The Archenemy Of Rule Of Law In Sri Lanka

By Basil Fernando

Basil Fernando

Sarath Nanda Silva is heavily quoted in SLBC programmes trying to criticize the Supreme Court judgment relating to the question on the interpretation of law referred to it by Court of Appeal. He says that the Supreme Court has not properly interpreted the words “or standing orders” as found in Article 107(3) of the constitution. As usual, the great trickster, who misinterpreted law to shroud the government he supported, is trying once again to come to the rescue of this government – which he was not long ago condemning vehemently.

Silva ignores the following paragraph of the judgment:

“In a State ruled by a Constitution based on the rule of Law, no court, tribunal or other body (by whatever name it is called) has authority to make a finding or a  decision affecting the rights of a person unless such court, tribunal or body has the power  conferred on it by law to make such finding or decision. Such legal power can be conferred on such court, tribunal or body only by an Act of Parliament with is “Law” and not by Standing Orders which are not law but are rules made for the regulation of the orderly conduct and the affairs of the Parliament. The Standing Orders are not law within the meaning of Article 170 of the Constitution which defines what is meant by “law””.

It is no surprise that Silva is excited because he is fully aware of the manner in which he fooled Sri Lanka in order to safeguard JR Jayawardane’s tomfoolery with the constitution, to serve his political bosses Chandrika Kumaranatunga and Mahinda Rajapaksha. He was shameless enough to admit this himself when he was publicly stating his regrets regarding his misinterpretation of law in the case now known as the Helping Hambantota Case.

Silva understood JR’s tomfoolery with the constitution, done to safeguard his power. Having understood this, he proceeded to use the same warped logic to serve his own political masters. The great damage he did to the rule of law in Sri Lanka has not yet been fully exposed to the Sri Lankan public. That he managed to survive without a severe assault from Sri Lanka’s legal community is also a matter that still remains to be fully discussed. However, in order to have his way, the manner in which he bullied lawyers and clients is quite well recorded in the memory of lawyers.

Silva’s record as a bully is well borne out by the case relating to Tony Michel Antony (Tony) Fernando. That case will remain to challenge any claim by S N Silva to be an expert in law. It is only a coward who uses his official position to take his revenge; he wrongly convicted and sentenced a layman who requested  that he should not  hear a case, for contempt of court, sending him to jail for one year, and even refused his appeal by hearing the appeal himself.

Such souls are destined to be reborn again and again to repeat their follies. His reappearance in television shows that are blatantly used to attack and undermine the judiciary is no surprise. The same man who twice sentenced two persons (Tony Fernando and SB Dissanayake) for contempt of court is now taking part in media shows which are deliberately staged in contempt of courts for political purposes.

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Latest comments

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    Very soon he will get a big post in the government. (Hope he deserves to be a deputy to PBJ.) Suddenly he changed himself and turned back 180 degrees after seeing MR at a funeral.

    Leel

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    SS who thinks he is an embodiment of the law and dhamma should check his own conscience and track record before making rash statements on a issue of great national importance. By doing so he seeks to add credibility to a rogue regime which is transgressing beyond the limits af democratic governance and rule of law.

    What he failed to uphold during his tenure as CJ he should not deny the present incumbent. He should not try to sabotage the efforts of the judiciary and bar who are in a last ditch effort to protect the independence of the judiciary and rule of law. No doubt he has sullied his own reputation by his servile attitude and support for his friend the president. Whoever heard of a bestman being a CJ under the Bridegroom the Executive?

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    Sarath Silva is the bottom of the pit. He is the worst kind of worm that ever lived he is the worst disaster that ever happened to Sri Lanka. He is a Trinitiyan. Can all those Trinitiyans who are so proud of their alumnai say some thing? Trinity is all steps and drains and no brains? This fellow is definitely is not oly no brains he has brain damage. Please stop writing about this Nut Job

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    S.L. Gunsekara’s opinion on Sarath N. Silva :

    “……our former Chief Justice Sarath Nanda Silva PC (whom to my mind did more to undermine the independence and quality of judiciary and hence the administration of justice, and to destroy the confidence the people had in the judiciary, than any other person or persons both living and dead)…”

    Need we say more?

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    IS IT TRUE THAT THIS GUY WHO SPEAKS OF DHAMMA ON TV, HAD AN EXTRA MARITAL SEX, WITH AN EXTRA JUDICIAL JUNIOR, IN THE PARLIAMENTARY COMPLEX, UNDER THE PRETEXT OF GIVING EXTRA TUITION, ON LAW AND ORDER?.

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      This was only one instance of the fun and games that he engaged in. He was also caught with his pants down on Parliament Road with another junior lawyer. This is the shameless sod who preaches damma on tv!

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    By showing his true colours, Sarath Silva had already dug his own grave.
    RIP.

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    This comment was removed by a moderator because it didn’t abide by our Comment policy.For more detail see our Comment policy
    http://colombotelegraph.com/comments-policy/

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    Sarath N. Silva is the JOKER of the Year 2012&13.
    He is the one who spoiled the Judiciary.
    he played it out in everything
    now he is playing double game as usual.

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    According to Sarath Silva’s own words, Mahinda Rajapakse is the president because him (by rescuing MR from “Helping Hambantota” fraud, that allowed him contest for presidency.) Now that MR is in deep trouble SS has to come to his rescue. For SS it is only a “Gedera Yana Gaman” (On the way home) business. What if by chance MR offers him a diplomatic posting?

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    Sarath Silva is one of the worst scoundrels this country ever had.He talks of Buddhism and only recited FOUR precepts.He ruined the family of Bertie Jayasekera and lived in adultery with his wife. He did not allow his case to come up read more in Victor Ivans Book.The funny thing is how MEN IN ROBES recognised this rascal.
    Now the man who once critizized the President now backs him hoping for a diplomatic post. A man to be admired in addition to S.L.Gunasekera is C R.de Silva (Bulla ). He had declined the post of CJ offered to him.Yes he had met M R when he came to Law College when Mrs B sent him not having passed the Law College entrance.M R was his bestman at his wedding and with all the connections he has not fallen to damage his name and also his father the Late Justice K.D.de Silva.
    The ramifications that will follow the removal of the CJ ( not defending an individual )will be huge for the country as a Kangaroo Court tried her without any trace of justice and fair play out of vindictiveness of a blaggard who helicopters to Buddhist shrines all the time more particularly the Sri Mahabodiya.He will reap what he sows as the bluff will only give him temporary pleasures.

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    Former Chief Justice Silva is not a traitór living on foreign dollars in Hong Kong, trying to ‘create’ human rights issues in Sri Lanka to earn more dollars.

    He has correctly pointed out that the supreme court hid the words ‘or standing orders’ from the interpretation.

    They really want to establish authority on interpretation? then be honest, both you and them.
    Who is Bijo Francis?

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      Gedara Yana Gaman I thought I must write something .

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      Correctly pointed out my FOOT. You the only thing transparent with you may be ……. . If you have the brass to talk about one correct thing Sarath Silva has done . Then please do so . This man should rot here Ditta Dhammawedaneeya Kamma which he talks of . This is the worst kind of worm .and you probably follow closely

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    I say Transparent Lawyer, where did you learn the law? In Tumpane?

    The SC did not ‘ide’ the words’ standing order’. What is said was that the impeachment was a serious issue and cannot be handled by the likes of Buruwansa and that ass, Yapa. It must be provided for by law with sufficient safeguards for the judge. The Constitution was ‘interpreted’ to say that. That is the function of judges.

    Get your facts correct.

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    As PB mentioned something about Trinitians and Trinity in connection with Sarath Silva,I as an old Trinitian and as a Lawyer feel dutybound to respond to PB”s remarks.During the period that the shameless SS was Chief Justice,he was felicitated and invited to be Chief Guest at many functions and occassions by those who wished to curry favour with this once powerful man.This included religious institutions and priests,politicians,the corporate sector and worst of all,lawyers and the Bar Association of Srilanka in order to ingratiate themselves to this man and he would go to any extent to favour his people.He granted Leave to proceed in a Fundermental Rights application against the Golden Key Co. when there was no provision in law to do that against a private person or institution.This blatant order was made because SS wanted to do some favour and also had a personal interest.However,to the eternal credit of his alma mater,Trinity never invited SS to be chief guest at any of its functions during his tunure of office as CJ.This shows how TCK is circumspect in its recognition even of its oldboys.This must be the biggest snub ever for SS in his life,not being recognized by his old school.Is PB satisfied and will he withdraw his diatribe against Trinity?

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    Both Silvas destroyed our once prestgious judiciary! Saarath commenced a Buddhism channel-like all rogues who take cover for their misdeeds. Dharmasoka was more blunt as he has less brains;he joined the presidentital secretariat.

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    The low-bred Sarath Silva is notorious for prostituting THE LAW with his harem of prostitutes around him. He preaches buddhism as a layman over the TNL channel while committing adultery thereby insulting Lord Buddha. This shameless man has again clung to the “Satakaya” of MR obviously anticipating state patronage.

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