11 August, 2022

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The Country Has Two Chief Justices, I Don’t Accept Either – Sarath Silva

By Colombo Telegraph

For the first time in its history, the country has two Chief Justices, which further damages the Judiciary, says former Chief Justice Sarath N. Silva. “I don’t accept either” said Sarath N. Silva when asked whether he thinks there are two Chief Justices at the moment and who is he willing to accept as Head of the Judiciary? “I believe there should be an entirely new person. I supported the Government on the question that the Chief Justice should answer and the Courts proceedings were hasty. My perception is that in this situation the Government should have considered the most senior person in the Supreme Court. This is why I say I don’t recognise either. If the Government wants Mohan Pieris as the Chief Justice and if it is hell bent of getting him, let them get him. But at least give a breathing period till the judicial system can settle down.” he further said.

Sarath N. Silva

Sarath N. Silva made above remarks in an interview with Daily FT journalist Chamitha Kuruppu.

Sarath N. Silva said;”With due respect to him, more than anything else, Mohan Pieris was seen as a Government spokesperson, especially at international forums and especially in matters relating to the United Nations Human Rights Council. This is a very serious situation. A Government spokesman will naturally have to oppose any allegations of human rights violations. There is nothing wrong in getting former Attorney General Mohan Pieris to defend the Government’s stand. He has been doing this since he was the Attorney General, which I believe is not correct. That should have been a diplomatic exercise, not an Attorney General’s exercise.”

We reproduce below the interview in full;

Q: How would you describe the present situation with regard to the country’s judicial system?

A: I see this as a turbulent period. This is something we have never experienced before. For the first time in the history of this country, we have two Chief Justices. The person who was purportedly removed also claims to be the Chief Justice. There is also a new appointee made hot on the heels by the President.

This whole process has been fast tracked from both sides. The Government also fast tracked this process. They lost no time in presenting the motion of impeachment and taking action. On the other hand, the lawyers and other public who supported the Chief justice also fast tracked. They went immediately to Courts. It is like a battle of two fronts.

I have absolutely no stake in this business but what I see as an independent observer is that both sides want to overtake the other. The Courts made a request for Parliament to stop, but Parliament went on regardless, as a result of which this whole thing got fast tracked.

There are certain charges that were presented. That was a matter of discipline. There has to be an inquiry. All these facts are documented. The Government need not fight shy of an inquiry. If the documents make out the charges they are supposed to make out, then there should be no need for an expeditious process.

On the other hand, it is the duty of the Chief Justice to explain. You can’t continue to hold office when there are such questionable matters. I am not saying for a moment that she is guilty of everything what is said. But I have perused that there are certain things that should be necessarily answered.
Under the system as it prevails this answering should have taken place in the Select Committee. We can’t change the procedure now. This procedure has been there from 1984. Now at this moment the Government can’t remove the Standing Orders and enact a new law because that law won’t have retrospective effect. Therefore that is also not a feasible solution. In my view, with great respect to the Courts, what was said in the Courts is not feasible. You can’t now enact a law and then start this same procedure; it is impossible. Normally it would be prospective; it applies to the future.

There were two distinct positions; Courts saying that there should be a law and Parliament saying that we can continue. The outcome is that we are in a situation of having two Chief Justices, which is a sad thing for the Judiciary and for the independence of the Judiciary. I believe that even at this late stage some remedial action should be taken.

Q: What are your views on the appointment of Mohan Pieris as the Chief Justice?

A: This is a hasty appointment. Appointing a person from outside as the Chief Justice cannot be accepted. With due respect to Mohan Pieris, he was a person who was in the Attorney General’s Department for about 15 years, then retired under a retirement scheme. When he retired he was a Senior State Counsel of the Attorney General’s Department. When someone retires under that scheme he should not assume public office. But somehow he was appointed Attorney General by the President.

At that time there was no Constitutional Council. So his appointment was challenged immediately by persons and case was pending. Then they enacted the 18th Amendment, which regularised this appointment. So the 18th Amendment really helped Mohan Pieris and the then Chief Justice Asoka Silva because his appointment was also made without the approval of the Constitutional Council. It is in such circumstances that Mohan Pieris continued as the Attorney General.

With due respect to him, more than anything else, Mohan Pieris was seen as a Government spokesperson, especially at international forums and especially in matters relating to the United Nations Human Rights Council. This is a very serious situation. A Government spokesman will naturally have to oppose any allegations of human rights violations. There is nothing wrong in getting former Attorney General Mohan Pieris to defend the Government’s stand. He has been doing this since he was the Attorney General, which I believe is not correct. That should have been a diplomatic exercise, not an Attorney General’s exercise.

Now the general perception is that Mohan Pieris is a person who defends the Government. In that situation, when the Government promptly appoint him as the Chief Justice, the perception is that the Government is now expecting him to continue defending them. I am not saying these are essentially the facts, but this is the perception. However, an ordinary person will pursue this as an effort on the part of the Government to install the person who is favourable to them, especially in respect of alleged violations of human rights at the helm of the Judiciary.

Now that perception is very difficult to erase. We have in our system a cardinal principal of law that ‘justice will not only be done, but must be seen to be done’. These perceptions are very important. When you get a person who has been defending you against allegations of human rights as the person who is now going to decide on that, the perception is that the Government is having its man as the final arbiter. That is the serious thing I am concerned about.

These challenges and counter challenges will go on. But from the Government’s point of view, some serious action must be taken if it is going to redeem its position in the international arena. I saw the Canadian Prime Minister himself has made certain observations. Now these are alarm bells that the Government should be concerned about. You can’t be in war with the international community all the time.

Q: A new Chief Justice has already been appointed. How can the Government rectify this?

A: That is exactly why I said the Government has fast tracked this. I don’t approve that. The rectification is the most difficult situation. Mohan Pieris has rushed to accept this appointment. That is not a wise thing to do. On Tuesday I saw these ugly scenes on television when Dr. Shirani Bandaranayake was not allowed to leave her residence. That is something that is not meted out even to the lowest level of employee. You have to give some time to leave with some respectability.
This Government must stop dealing with the former Chief Justice in this shabby manner. I think it is necessary to speak to her even at this stage and find out a dignified exit for her, which I hope should be voluntary. Then of course recreate these whole steps.

Now there is a Court order and the Government can’t just ignore that. I don’t agree with some of the findings of the Courts but we are duty bound as citizens to honour the verdicts of the Courts. Finally we have to accept the order of the Courts.

Q: Do you also think there are two Chief Justices at the moment? Who are you willing to accept as Head of the Judiciary?

A: I don’t accept either. I believe there should be an entirely new person. I supported the Government on the question that the Chief Justice should answer and the Courts proceedings were hasty. My perception is that in this situation the Government should have considered the most senior person in the Supreme Court. This is why I say I don’t recognise either.

If the Government wants Mohan Pieris as the Chief Justice and if it is hell bent of getting him, let them get him. But at least give a breathing period till the judicial system can settle down.

Q: Who are these suitable people who are fit to be the Chief Justice?

A: There are very senior judges. Justice Shirani Thilakawardena, who was an experienced officer in the Attorney General’s Department. She was a High Court Judge for a long period, Judge of the Court of Appeal, President of the Court of Appeal, and Judge of the Supreme Court for several years. So is the record of Amarathunga, who is there for just for a few months. So is the record of Saleem Marsoof, if we go by seniority. They are highly competent and highly educated persons. So is the record of Siripala. So we have people from all races. With this wide array they should have followed the seniority principal. Then no one can find fault.

There are incidents where they appointed the Attorney General to the position. That is how I came in. I came in a situation of a normal retirement. But today the ideal situation would have been to take the most senior person so that each one would have had one year or a few months. Then the Judiciary would have started flowing in its normal streams without causing these ripples, which have become whirlpools.

Q: Are you saying the Government still has the possibility to appoint a more suitable person for the post of Chief Justice?

A: Now what is going to happen is that they are going to file action in defence of this. This is where they question the authority of the person holding office. That is a remedy that is available.
Earlier there was no remedy against Parliament but there is remedy against the holder of the office. Now they are on a fairly safe track. In that proceeding at least some settlement can be entered into and then the verdicts of the Court can also be honoured. Then we can regularise this process.
Someone has to take a step back. The former Chief Justice also should realise that she cannot go on claiming to be the Chief Justice. With this kind of public exposure, now she cannot grace that office.

Q: Do you accept the manner in which the legal fraternity was involved in this entire struggle?

A: They are being quite emotional. May be they are well-intentioned. They want to uphold the independence of the Judiciary. I have no problem about that. But sometimes they are also taking hasty action. You must reflect on the broader picture.

I have been reflecting on the broader picture and I have been subject to heavy criticism. Some are saying that I am trying to accept office from the Government. I will never accept any office. Not from the Government, nor from the private sector, and not from anybody. However, I feel that a settlement should be arrived at within the framework of the law. If the settlement comes through Courts, then it is an excellent situation.

Now they are filing cases. They will keep on filing cases. In one of these cases there should be some settlement and Court will make an appropriate order on that. Then the ideal situation is that the appointment be made based on seniority. Let Mohan Pieris also come to the Supreme Court if he wants, but not as the Chief Justice at this present juncture.

Q: Are you saying Mohan Pieris should not have accepted this appointment?

A: Yes, he should not have accepted this appointment. You must give time for the former Chief Justice to leave. You don’t rush into office like that.

The former Chief Justice has to clear her chambers. She is not a person who retired under normal circumstances. Dr. Bandaranayake had no time to wind up. There must have been judgements to be signed. My ideal choice is that Dr. Bandaranayake should hold office and take leave and an acting person could have carried out the duties until things settle down. Later on Mohan Pieris or someone, on deep reflection, should assume this office. Instead of that, what have been done is entirely wrong.

Q: You were involved in this process from the beginning. People didn’t only question your involvement, but they also criticised the fact that you adopted different stances on various instances. Your comments?

A: At the beginning I was opposed to the impeachment process. Then I met the President after a long time. I told him and made a request not to do this. Then the President said there are serious charges against Dr. Bandaranayake. Then I told him that they should talk to Dr. Bandaranayake and I left at that. After meeting the President, addressing the media I said that the general perception is that the impeachment motion seems to be a result of the Z score judgement and Divi Neguma Bill. That was my reservation.  But when the charges came I found that Dr. Banadaranayake had some matters to answer. These are documented. So her explanation must come. She must answer. She must take a positive stance whether she is prepared to answer this or otherwise if she has a doubt on that to come to some adjustment.

I was not in favour of collateral proceedings in the Judiciary at that time. I felt that there cannot be proceedings in both places. Then there was bound to be a clash. That was the principal stand I took at that time. And that went on. Events overtook everything else. So hurriedly this was passed. And then I felt it was time for reflection. This was the time I felt the Government had acted hastily, imposing this whole thing on former Chief Justice Dr. Bandaranayake. She took some precipitous actions.
In appointing Mohan Pieris as the Chief Justice, the Government took even more precipitous action. That I don’t endorse at all. As and when an issue arises, I respond. I strongly believe that some kind of solution must be evolved, so that finally there should be a settlement – not only a political one, but also a judicial settlement.

Q: This entire process has caused a lot of damage to the judicial system in the country. How would you describe the future of the judicial system?

A: The immediate future is disturbed. Public perception is badly damaged. This is why I say there should not only be a political solution. So far there has only been a political solution. There should be a legal and judicial solution. Everybody must take a step back and allow wiser counsel to prevail. My ideal suggestion is that a breathing period should be given, so that the former Chief Justice can wind up her affairs but not function as Chief Justice.

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Latest comments

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    Meyaa Babaa!!!!!

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      Yes this man other men in black has no morale at all to speak about the independency of the judiciary. read how us embassey acess this mans behaviour in leaked cable

      https://www.colombotelegraph.com/index.php/wikileaks-the-only-supreme-court-justice-who-dares-challenge-sarath-silva-is-shirani-bandaranayake/

      here is small ex from the cable
      saliya Pieris also said that De Silva uses punishments and rewards to get what he wants. Pieris claimed he disbars lawyers who criticize him and withholds career opportunities from his adversaries. Transparency International noted in its 2007 report on Sri Lanka: “Judges who do not tow the political line are warned, and if incorrigible, are dismissed on one pretext or another. Conversely, judges who are politically in line with the administration are shielded from disciplinary action despite evidence of corrupt practices, including bribe taking…” Although no one openly opposes him, Pieris said, judges at all levels privately say they are unhappy.” Moore further wrote.

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      CT, why this man is given a place in this forum, he does not respect democracy or natural justice. He was a great violator of justice when he had powers and having a very black character. Simply he is not suitable for this society.

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        He is only suitable for society of barbarians.

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    CJ Shirani B,was not given a chance to answer any charge and was driven away by insults – maybe,because none could be proved.
    It is not too late – the nation must know the truth.
    The Judicial System is biassed in favour of the legal fraternity and the law enforcement agencies.
    It is totally unprepared to ensure swift justice to people who throng law courts daily.
    Not a single case is heard without postponement – “dates” – unnecessarily,many times.
    The lower courts judiciary have no time to listen to the stories of those brought before them,in private,before deciding on the merits of the case & deciding on bail – which is imprisonment without trial,and without being proven guilty of any offence.

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    Neither we accept Sarath Silva as an ex CJ who had been honest morally, physically, biologically and vocally. He is one of the root causes for all the constitutional problems.

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      Ha….ha…ha…

      CBK and Mahinda Rajapakse are enlightened Saints.

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      very true

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      Totalee agree with you

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      Agrre

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      YOUR “EX-LORDSHIP” SARATH SILVA!!!
      WILL YOU HAVE THE COURAGE AT LEAST NOW
      TO ADMIT THAT YOU ARE SINGLE HANDEDLY RESPONSIBLE FOR THE ENTIRE MESS
      WE ARE IN, WHICH YOU HAVE ADMITTED IN THIS INTERVIEW.
      HAVING DONE ALL THIS,YOU SHAMELESSLY PONTIFICATED ON BUDDHISM ASSISTED
      ABLY BY ATTORNEY SUDATH, WHO IS AS “CLEAN” AS YOU ON “TNL” TV CHANNEL.
      JUST A BIT OF ADVICE, THAT IS IF YOU WILL TAKE IT.
      RENOUNCE THE WORLD AND GO TO A PLACE LIKE DIMBULAGALA AND MAKE UP FOR
      ALL THE WRONG,WHICH BY NO MEANS IS AN EASY TASK.
      YOU MAYBE ABLE TO ATONE FOR YOUR WRONGS,BY VOLUNTEERING TO BE A “SUICIDE BOMBER” AND HELP IN THE ELIMINATION OF THOSE WHOM YOU AIDED TO MAKE THIS BEAUTIFUL ISLAND INTO A “STINKING CESS PIT”

      I HAVE PRESENTED AND CLOSED MY CASE.

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    In this civilized society I don’t know why a man who tainted his character is given an interview by your web site.His nefarious activities while holding the top post in the judiciary was reveled in length by Victor Ivan in Rawaya news paper.If those allegation were untrue he could have gone to the judiciary to clear his name.So it was beyond doubt that he was involved in all the activities alleged by Victor Ivan.This man brought shame to the whole judiciary in this country by acting as a dictator, taking revenge from people he dislike.It was well documented how he penalize the senior lawyer Mr Elmo Meris who always stood to protect the rights of masses in this country..List will be endless if named the personalities he took revenge.His association with thugs were proved beyond any ones doubt.A hero like General Sarath Fonseka shouldn’t have gone close to this man whose shameless character is well exposed.Asking the position of the judiciary from this man under this family rule is tantamount to a joke ” HAKKE BUDURAS BOKKE DADAMAS”

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      This man should have DADAMAS not only bokke but spread over to his entire body parts.

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      …..and this idiot dismissed the murder case in which Mahinda was a potential suspect. Now the whole country suffers under the rule of this murder-suspect…….!

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      You are 100% correct. Few months back in a public meeting with SF, this man said, when he was the CJ, he saved MR from well known Tsunami scandal and if not for him MR would be still living in the jail. So what more you can expect from a con artist and a womanizer like this. He is a disgrace to Law Profession and the Justice System. News media should ignore him completely.

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    This man is the person who paved the way rascals to stay in power further. This man is a curse to the nation. Almost every right thinking person would hate him for his wrong verdict. Before MR being reelected illegally, this man Silva kept public speeches and went on saying that MR should be indebted to what Silva has done for him. It was nothing else than his wrong verdict against the case filed – being accused to have embzzeled collosal amounts of funds that the poor tsunami victims were gotten from the International donor organisations. So the abusive verdict – release by that case help the fradulent MR to be free from that. If Silva perfomed his duties – respecting the rule of the law in the country – MR would have been in the office today.

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      If an opnion poll on the matter would be carried out – it will definitely show that a larger marjority folks hate SN silva even today. Not only the Tsunami embesszelment issue – but also the other unforgivable verdict that allowed all corrupted bunch of then UNP ministers were made able to cross over to the ruling coalition – made them only focusing on the perks that they get -.. today the rulers boast about 2/3 mandate- but that was all because of Silva´s abusive verdict. This means in real life, there is no 2/3 mandate but this CURSE OF THE NATION – SILVA ´s wrong verdict made possible CROSS over ministers to work on their pockets rather than giving a service to the country.

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    You might agree with him or you might not. You might question he broke the “queue” to become CJ. But you cannot deny the man was learned in the laws, able and made the judiciary a living embolism. He came readily forward to speak, lecture and answer questions from the media and public. Some of his judgements were structured in beautiful prose in addition to the depth and content of law – notably the one that convicted that Samurdhi thief of the poor – SBD.

    A colleague with me now, as I write tells me, to add “he is no mediocre kussiama sera to reach heights in the judiciary in the most unbecoming way” which I add, with reluctance as my friend tells me the right of the public to be critical is sacrosanct.

    Senguttuvan

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    The Pot calling the Kettle Black!
    It was Sarath Silva who, after hugging the President, said that another CJ can be appointed when there was a CJ already in the seat and the Court has given the ruling that the impeachment procedure is not valid. How can he change his stance again? May be he wants another hug from the President. He is typical of an educated Sri Lankan fool like GL Peiris. Dennama eka karaththe bandinne ona.

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      This comment makes this whole article very very simply USELESS, just Garbage, rubbish, Crap, thrash.

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    Govt stands exposed on all counts. An ill conceived impeachment, sham trial, faulty verdict and improper appointment. What more damage can a govt do to the judicial system. Home made solution?

    One day a well-to-do villager who was also a bit of a miser was shocked to see one of his goats had stuck its head in an earthen vessel. He felt sorry to see the goat struggling to free its head from the vessel and he also wondered which was more valuable: the goat or the earthen vessel.

    He called village elders and pleaded with them to save the goat and the vessel. However, nobody knew how to perform such a difficult task. Then one village elder suggested that they should seek Mahadenamutta’s help. Soon a messenger was sent to the adjoining village to bring Mahadenamutta.

    “Master, we have a big problem in our village. Can you please come with me and give us a solution,” the messenger pleaded.

    Mahadenamutta never refused such requests. He ordered his pupils to get ready for the expedition. So the master led the way and his five pupils followed him.

    On his way to the next village, Mahadenamutta met a mahout leading an elephant. On inquiry the mahout found that Mahadenamutta was going on an important journey.

    “Master, you’re going on an important expedition. At your age I don’t think you can walk such a long distance. Therefore I offer to carry you on my elephant’s back. And I’m sure you’ll enjoy the ride. Let the pupils walk behind the elephant,” said the mahout.

    After some time, the elephant carrying Mahadenamutta reached the villager’s house surrounded by a brick wall. Mahadenamutta ordered the villager who invited him to break down the wall so that the elephant could enter the compound. When the elephant reached the house, Mahadenamutta got off the elephant and ordered the villager to bring the goat before him.

    “Which is more valuable, the goat or the earthen vessel?” Mahadenamutta questioned the villager.After a quick mental cal culation, he said the earthen vessel was more important than the goat.

    “Then bring a sharp knife and cut off the goat’s head. Your problem is solved,” said Mahadenamutta.

    The villager cut off the goat’s head without any hesitation. However, he found that the goat’s head was still stuck inside the earthen vessel.

    “Master, you haven’t solved my problem. Now tell me how to take the goat’s head out of the vessel,” the villager pleaded.

    Mahadenamutta stroked his beard. Idikatu Pancha turned the leaves of the ola book.

    “OK. Now break the earthen vessel and take the goat’s head out,” Mahadenamutta ordered. The order was carried out accordingly.

    The villager lost his goat and the earthen vessel. Mahadenamutta and pupils set forth on their return journey after completing the mission successfully.

    Our man beats even mahadanamutta.

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      Nice ancient story about the goat and the pot. No wonder singalayas are still moadayas.

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    All these CJs and Ex-CJs and removed CJs are jokers in the minds of common man and woman.

    What a sad degeneration of the country. It has really gone to dogs since JRJ came to power.

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    In any case good to have interviewed this person, because he was also one person who became CJ while being the AG. He now finds that “wrong”. After he assumed duties as CJ the whole world witnessed how he conducted business in that position. To summerize all what he did then is not sufficient to say “most disgraceful” both in his private behaviour and in the Legal field. So he has quite a lot of “UNFINISHED STRUGGLES” to clear and it is best advised for him to do that rather than getting involved in this “drama and circus”of Impeachment of CJ.

    This entire Impeachment process was misrepresented and mismanaged from the very beginning of the 117 members signing the charge sheet. The Speaker of the House being a sibling of the HE should have been very careful not to rush into action and inflict injury on the Executive and the country. Even in appointing members of the PSC he should have taken utmost care in selection of the people and avoided controversial members like Messers Wimal Weerawansa and Rajith Senaratne. He and his advisers should have envisaged the challenges the accoused would bring forward against those two members. The procedures and method of calling witnesses, record keeping, the defence procedures and what would be allowed and not permitted etc. should have been discussed and decided at the very first meeting of the PSC and duly notified to the accused. The time given to the PSC was of not that significance, because there was laid down system of asking for extension of time beyond the set date.

    This was the simple course of action that the “Appointing Authority” and the members of the PSC should have followed. After all the CJ did answer the call to attend the inquiry and that response was good enough to determine the legality of the PSC and the inquiry. The whole world is made aware of the reasons for her to leave the inquiry and seek protection from the Courts. However much the Government and its media and other so called “prominant journalists” try to hide that fact, those reasons including the “insults and vilifications” directed at her remain crystle clear and those reasons will be indelible for ever.

    Now the case for Sri Lanka is made worse by appointing the very person who was the “Legal Advisor” to the Cabinet and the HE to the position of CJ. Did he not offer any advice to the Executive, Speaker and downwards as regrds this very impeachment process?

    Who created this mess for Sri Lanka? Now please do not blame the “West”, “NGO”,”Diaspora” “Traitors” etc. It is left to the Government to solve it and can it be done successfuly? We will watch in the coming days and months.

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    SNS is the worst CJ we ever had

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    This is nothing new. We have faced similar situations before. For one, Sarath Fonseka claimed that he is the people’s president in spite of losing the presidential election with a large majority. And Somahnsa even coined a new word ‘computer jillmart’ to back him. Ali, koti, red and et al had rallies to show their power. But they couldn’t contest the parliamentary elections together. Together the JVP, and the people’s President could only muster six seats in the parliament. Still SF continued insist he is the peoples president for some time.

    It took SF a good few years and a prison term for him to realize he is not people’s president and forget his absurd claim. That’s life I suppose. So, how long it takes for the fired CJ to put behind her silly claim even the God would not know.

    Ex CJ Sarath Silva can indeed express his views vividly. That’s his right. But this is no ideal situation. Vultures were round and wolves were howling for feast, donkeys were braying all around. So, uncertainty cannot be allowed to linger. It is Mahinda Rajapakse and not ex CJ who will be held responsible by the people to steer the country forward.

    If Mahinda Rajapakse does wrong appointments like last time and place shady characters with own political aims and games, it will be detriment to fulfil ‘Mahinda Chitana Idiri Dekma’ that he placed and promised people at the last election. If MR doesn’t fulfil it, he will lose the next election. Very rightly, he wanted a CJ for Sri Lanka not a CJ for beneficiaries and benefactors of NGOs.
    Leela

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      Man Lula (wardana) is arrogantly swimming in the cesspool they have created and claiming it as crystal clear. He is another duck or a madakanaya waiting to be fed with stale bread. Whatever said and done, the facts of the matter are the monkey uses cats-paws to do his dirty work, and then when the cats want to scratch the monkey, the monkey throws the cats in the fire before they start singing to the world how things were being done by the monkey. One cat challenged the monkey and moreover allegedly have said that he heard a certain high powered civil servant had given orders to shoot the white flag careers, and the other has allegedly given a judgment that threatened Mr 10% controlling immense Divi Neguma funds. This is what the general public and all logical thinking in the free world perceive, and not the versions of paid writers like you.

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    Sarath N. Silva is the Root Cause of the problems Judiciary, Legislature and we citizens facing today.

    You took your revenge for impeaching you b y making monster of Mahinda Rajapakse.

    Can you honestly say that you did not receive 15 Million Rupees as kick backs for acquitting president Rajapakse from Tsunami sacndal… and siphoning World Bank funds given to Law and Justice sector reforms?

    Please watch following web.
    http://www.tisrilanka.org/?p=8503

    Also Mr. Sarath N. Silva.
    Please go to http://www.ask.com and type your name.
    You could see your Character, nature and your Business… what the Public tell about you.
    If you could prove any of them are telling LIES ABOUT YOU…..PLEASE LET US KNOW.

    YOU ARE THE BIGGEST CROOK IN SRI LANKA’S JUDICIAL HISTORY.

    THANK YOU.

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    WHO CARES!!!!

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    Sarath Silva poisoned the judiciary as CJ. He is over 60 % responsible for the collapse of the judiciary and to the pathatic situation we face today. He did politics as CJ. At the very beging of the impeachment he expressed views against the impeachment mortion and subsequently supported the whole porocess. Went to ITN and had interviews with dirty Dombagahawatta in support of the impeachment. Not uttered a single word against. Now after appointing Mohan Peiris who is his long standing enemy since AG department days( we do not accept Mohan the lier who gave false information to the UN), he is telling something- 180 degree turn. To belive him we must be insane if not he……………..

    Why do not Silva as a one advocate ( bogus) of Rule of Law condemn , at least, on death threats of some lawyers such as Weliamuna, Jayampathy, Romesh & sumanthiram

    Sahadevan.

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    I don’t have an iota of interest in this interview. I feel even the journalist interviewing this bugger as a fool. In fact, I wanted to read the responses. I am sure all them had not read him before submitting.Nearing 70 years, this person seems still healthy and has his looks. It seems he is still able to perform efficiently inside a car during dusk. MR read his character clearly. This bugger still has some influence among uneducated people. His job is completed and MR has thrown him back where he was.

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    WE DO NOT ACCEPT YOU EITHER.

    EVERY BODY KNOWS, HOW SAINTLY YOU ARE ?;
    SARATH NANDA SILVA.
    JARAPAASA DID NOT APPOINT YOU FOR THE NEW C J POSITION.
    SO YOU FEEL JEALOUSY.
    DOESN’T YOU?.
    DO YOU THINK THAT ALL SRI LANKAN ARE MORONS AND FORGOTTEN THE PAST?.

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    Sarath De S no doubt was and is a brilliant character . His mind however was used to prove black was white in well versed judgments he pronounced . Vindictive arrogant insulting dictatotr as shown in cases such as Elmore and many others cases Including Emmanuel Fernando , the petioner was sentenced by a court where this CJ presided when he was S deS was respondent . Cases of
    magistrate Ekanayake, Alwis. Costa
    Media should avoid giving publicityto this vagbonds and then they will be sent to a corner .

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    SN Silva was responsible for ruining the judiciary; he is a lay preacher but practicing rogue. His conduct during impeachment was to ensure Shirani Tilakawardana getting CJ post so that he will directly control judiciary once again. Now he repents.

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    The stay of MP as CJ leads to disastrous consequences for the regime in the international arena. Provided the international pressure keeps mounting on the regime no one should file charges against MP because the IC would do the needful against the regime at UN/UNHRC. As there is no law here anymore IC cannot rely on SL to address any accountability, reconciliation and war crime allegations and this consideration would lead to the establishment of an International War Crimes Courts against SL and the MACHBAGO Co. would end up in gallows in Hague or some other place! If the regime itself tries to remove MP and appoint someone else then actions must be filled by many challenging even the president on his breach of constitution, wrong appointments, damage caused to the country internationally by making illegal and unsuitable appointments and seeking allowing Shirani B to carry on as CJ!

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    I agree with many things said here by retired CJ Sarath Silva. However, he has not said a word or was asked questions relating to the following:

    1. Whether the accusations against her were proven beyond any doubt?
    2. Whether she was given the time, space and the conditions to defend herself?
    3. Whether her and others court actions were necessitated by the haste with which the government proceeded on the impeachment?
    4. Why CJ Bandaranayake should not be given the opportunity even now to defend herself ?
    5 . Why she should resume duties, if she is proven innocent?
    6. Can an injustice that has been perpetrated on THE CJ be permitted to become a fait accompli, because it will be convenient for many.

    Dr. Rajasingham Narendran

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      You suggested setting up a fund for the ex CJ, I suggested you start and we will follow and then nothing

      All talk and no action as I always suspected !!!

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    Nation should NEVER FORGET this opportunist who stinks toHIGH heavens!!!
    Let the (PA)Rajayaksha clan PERISH withe suckers like . S. Silva, N. Silva and the whole Cabal!!!
    The signs are already there starting from M(ARA)Vin upwards.
    The days are counted suckers!!!
    When the Pillars for Democracy falls, the democracy and the Regime falls.
    Remember CEISOR???
    There will be Brutus’s and Mark Anthoney’s and perhaps Cleo Patra’s to line up soon!
    Hail to the THEIF one final time!!

    aj

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    Twi Silvas ruined the judiciary. This Gedera Yana Gaman man wreaked the biggest damage. Rajapakse is supposed to heve said there were serious charges against CJ .Why did he not then get such charges gone into by an impartial and competent body? He knew the charges were fabroications and that such an impartial body will not give him the outcomes he wanted. Damn venal liars all.

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      Further to my father’s clarification and protest against this imposter-see his response to Reader Senguttuvan below-I should add, for the purposes of preventing any confusion or ambiguity, that I have made no comments in this forum.

      And also, thank you CT for your extensive and insightful coverage of the increasingly tragic situation in Sri Lanka.

      Antony Anghie, University of Utah

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    Your Lordship,

    I am a great admirer of you. See you are the patriot who allowed the MP’s to cross over and still retain their seats. You argued that the MPs had the right to decide where they stood according to their conscience.

    You also desegregated the NE provincial councils. Now all the communities are very happy
    For once I disagree with you. I like the idea of two CJs. Because when we go to the supreme court we expect justice. Now we have the privilege of getting the viewpoint of our rules via the In-Justice and another point of view from the Out-Justice. No need to appeal a case.

    I am sure this is a lesson we can take to the world at large
    Gona

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    Sarath N Silva, former Cheap Justice, should unconditionally accept responsibility for the mess we Sri Lankans are suffering now. On his own admission his appointment to the Judiciary cannot be justified. His behaviour as a judge of the supreme court was stinking. According to news items he had harboured IRCs in his official bungalow. He being a “lawful” adulterer and the head of the supreme court had interfered in a low suit filed by his lawful wife in a divoce case. He had been found loitering in the precincts of the Parliament grounds with a prostitute and with his pants down when he was apprehended by an ordinary police constable. This shameless man has now become a lay-preacher of buddhism thus insulting the teachings of Lord Buddha. His cheap decisions as the head of the then supreme court, especially in the “Helping Hambantota” – misappropriation of tsunami funds – is the corner-stone of the anarchy now srilankans are heading towards. He has taken a contract now to twist the law and quibble over words in order to justify the prostitution of the rule of law in this country and mislead the general public. Madam Chandrika, you too are responsible for the chaotic situation we sri lankans are facing now, because it was you who appointed this man as the then Cheap Justice of this country while over-looking several senior supreme court judges at that time and he repaid the debt owing to you by dis-allowing you to continue as President of this country for a longer period than otherwise that you were legally and constitunally entitled to. Things will boomerang very soon.

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    /”We have in our system a cardinal principal of law that ‘justice will not only be done, but must be seen to be done’. These perceptions are very important.”/ Mr Silva, is this not applying for PSC process and have u seen it in their KELA NADU THINDUWE? (OKATA THAMA KIYANNE KANNA ONI UNAMA KABARA GOYATH THALA GOYA KARA GANNAWA KIYALA)

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    Mr. Sarath N Silva is the most corrupted man and worst judge in the Judicial History of the Sri Lanka. He was the partial to the government and gave the very bad judgement for the crossover of the MPs which is the huge set back of the democracy in SL.

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    Country is suffering because of decision of worst judges like you.

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    Who the hell wants this fools opinion?

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    Dear reader! You must think like a jury officer. Do not consider Sarath Silva’s history, his family life or his past statements. Think only about his present statements.
    I think what he said today is quite correct. “I have absolutely no stake in this business. I will never accept any office. Not from the Government, nor from the private sector, and not from anybody.” I think this statement is a genuine one. His Lordship is a rich person. He has no family commitments. He is trying to study Buddhism(with due respect to His Lordship I must say he has not grasped some of the teachings of Lord Buddha). But, his attempt has to be appreciated. He has a sharp wit. His lordship now is in his matured age. I think a person of such a status can say things without any fear or favor. In courts they accept dying declarations as genuine truth. Children’s statements too are taken as truth.
    Reader, please look at His Lordship’s observations:”There are certain charges that were presented….it is the duty of the Chief Justice to explain. You can’t continue to hold office when there are such questionable matters. I am not saying for a moment that she is guilty of everything what is said. But I have perused that there are certain things that should be necessarily answered”.
    Look at the following comments of His Lordship. See how sharp is his observations. “Tuesday I saw these ugly scenes on television when Dr. Shirani Bandaranayake was not allowed to leave her residence. That is something that is not meted out even to the lowest level of employee. You have to give some time to leave with some respectability.
    The former Chief Justice has to clear her chambers. She is not a person who retired under normal circumstances. Dr. Bandaranayake had no time to wind up. There must have been judgements to be signed”
    Finally he says “Everybody must take a step back and allow wiser counsel to prevail”.
    “Bonny Mahaththaya” in the film “Parasatumal” came to my mind when I read His Lordships statements. Bonny asked a boy to set fire to “Goyam Kole” of a young lady and when the family members started cursing Bonny he sent a cart load of Samba rice to the girls father. So does Mr. Sarath Silva!

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      Colvin The Great,

      First ex.CJ Sarath N.Silva trying to study Buddhism has nothing to do with his private life……..as I always believe once a fox…..always a fox.

      You bring a fox home and treat him with best food until his stomach is about to burst…….but leave a chicken for 10 minutes and see yourself the foxes action.

      That’s why most of Sri Lankan’s confuse Buddhism or any other religion with Politics. They don’t match or go along at all. But many cunning Politicians use Religion as a bait to win Votes. Both Banda and Rajapakses have mastered this to a great extent and have suceeded it.

      WE DO NOT WANT TO HEAR “BAILA ” OR “YARN JOKES” FROM SARATH SILVA.

      WE WANT TO KNOW WHETHER CJ Dr.SHIRANI BANDARANAYAKE GOT A PROPER HEARING FROM THE IMPEACHMENT CASE. WHETHER SHE GOT JUSTICE AND WE ALL KNOW ……..NO SHE DID NOT GET A PROPER HEARING.

      Therefore Sarath Silva should talk about that first and should fight to safeguard her life and to re-instate her……..period

      ALL THE REST OF HIS TALKING ARE BULLSHIT. Let him not be a katussa.

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        At the times war was going on – there was a list of the targeted by Prabakaran or Ltte – today if we the general public would do the same…

        on the very top of the list – THE NAME OF THE SN SILVA should be –

        for the verdicts that paved the way current bunch thieves to go against the nation.

        Then MR, GR, BR and the henchmen

        Then Mervin

        Then Keheliya, Buruwansa and Dilan
        and the rest of marauders like oral patient Rajitha and street monger SB

        All others come next

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      I fully agree with Colvin the Great.

      Jayantha doesn’t understand even the basics of Buddha Dhamma. His parables like “once a fox always a fox.” are more apt for one God religions and his values like separation of religion and politics are good for opportunists who has changed with times.
      Leela

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        Villager,

        You can’t change the color of the Crow. You can paint it white. But after sometime once the paint goes…..it turn black again. Sarath n Silva is a Crow like MARA.

        Similarly once you remove the Yellow robe…..you will see the real somaramas……not all but many.

        That’s all I want to say.

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