2 December, 2020

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Pandan Karayo, Rasthiyadu Karayo And Maravarayo

By S.L. Gunasekara

S L Gunasekara

The current imbroglio relating to the attempt to dismiss the present Chief Justice has obscured the real issue facing the country which is whether the independence of the judiciary and hence civilized governance will prevail or not. What the people must understand is that Mahinda Rajapaksa is unimportant as are Shirani Bandaranayake, and the other actors in this sordid drama – for they all fade into wholesale insignificance when compared to that real issue.

The independence of the judiciary connotes a buffer between the government and the people: between the rich and the powerful on the one hand and the poor and helpless on the other. The judiciary is the last resort of the citizen when he is oppressed whether by governmental authority or by the power of money, connection or wealth. That presumably is why so many attempts have been made by successive governments to subdue and destroy the independence of the judiciary. Can one imagine a country where the judiciary is like our public service including the police, and subservient to those in the corridors of power, their kith and kin, the wealthy and the influential? The country will surely be then a lawless place where order and discipline are unknown; where ‘might is ‘right’ and where the poor, the powerless and the law abiding are trampled upon.

Many still labour under the delusion that what is important here is whether Shirani Bandaranayake is guilty or innocent of the charges against her and whether the government is justified or not in seeking to dismiss her from office. Those are but incidental questions. What is of importance to the country is that the Chief Justice who had, indisputably, given, together with two other judges, some judgments that did not please the incumbent government in the recent past, after similarly giving several that pleased it before then, is now being pilloried with purported charges which surfaced after the decision to impeach had been taken and several Members of Parliament had obligingly signed a purported resolution to impeach her that contained no charges. What is most alarming- is that the Tribunal that purportedly tried her, the PSC was obviously wholly biased against her and denied her the several safeguards of a fair trial normally afforded to any alleged criminal – be he/she a pickpocket, a drug dealer or a politician’s pet thug.

Can this be otherwise than a not so veiled threat to the rest of the judiciary to ‘tow the line’ or face similar reprisals???

There was a time, not too long ago which some of us old stagers still recall, when the judiciary was venerated and then, by and large, justified that veneration by strong and independent conduct. This brings to my mind the judgment of Justice T. S. Fernando (who was reputed to be favourite of the SLFP) Justice L. B. De Silva and Justice P. Sriskandarajah in the first 1962 Coup Trial-at- Bar when they held that those provisions of the Criminal Law (Special Provisions) Act which entitled the Minister of Justice to nominate the Bench to hear that case and under which they were nominated to that Bench was ultra vires the Constitution and hence null and void. It is also indisputable that while the Minister behind that Act was the then all powerful Felix R. Dias Bandaranaike. the then Government took that judgment in good grace and no reprisals such as impeachments or any other followed.

That was the spirit in which things were then done. The Supreme Court did not, at the time, seek to arrogate to itself the powers of government and/or seek to impose their subjective views on, and/or gain popularity among the people, overstepping by far their jurisdiction by making orders to reduce taxes etc. The judiciary, the executive and the legislature stayed and acted within the confines of the authority accorded to them by the Constitution, almost never overstepping them and being brought to book by the Judiciary when they did.

Dissent was not, at the time regarded as treachery or the dissenter a subversive. The powers that be of the time recognized the fact that nobody including those in the citadels of power was infallible and that the priceless tenets of democracy required the expression of conflicting views even though some of them might be unpalatable to the Government in power.

Although things were not perfect and there were various aberrations and deviations from this ideal, by and large the institutions of the country remained intact as did order, discipline and method, and above all democracy. This went on until our country which was till then, essentially a vibrant democracy descended into being a de .facto dictatorship with the government of the United Front winning a 2/3rd majority in 1970. This single fact brought into being an age of aggravated sycophancy; and an age of the shameless quest for power for personal gain. Matters became worse when the UNP won a 5/6th majority in 1977 and still later with promulgation and implementation of the Executive Presidential Constitution and the odious system of proportional representation in 1978.

The germ of the rot however did not lie in the Constitution but in the cupidity of the politician and the willingness of many people including some who are termed ‘distinguished’ and ‘intellectuals’ to sacrifice their honour, their self respect and the freedom of future generations for a mess of pottage.
Thus, from 1970 onwards we saw various attempts at subverting the judiciary. The precedent of the appointment of a former Member of’ Parliament of the SLFP, Jaya Pathirana to the Bench of the Supreme Court was followed in “spades” by the UNP which dismissed no fewer than eight judges of the then Supreme Court and appointed a number of its political favourites to the Court of Appeal or Supreme Court. This was followed by the stoning and hooting of the houses of judges who gave a judgment unfavourable to the J. R. Jayawardena government, the locking of judges’ chambers and refusing entry by the then Chief Justice Neville Samarakoon and the other judges of the Supreme Court into their chambers – judges who had admirably refused to sacrifice their honour and toe the line. These were but some instances of such attempts to subdue and control the judiciary.
The once honourable and independent public service Sri Lanka had was destroyed with the advent of Mrs. Bandaranaike’s government with a 2/3rd majority in 1970. The turn on the gibbet was now that of the judiciary. The truth of the old saying that power corrupts and absolute power corrupts absolutely was never more apparent than now. No doubt members of the government pay lip service to the independence of the judiciary: no doubt parties in opposition are even more vociferous in speaking of the glories-of and the need for the independence of the Judiciary. However the reality is that the independence of the judiciary is something that all political parties strongly purport to desire when in opposition and seek to destroy when in power because it is that independence of the judiciary that prevents the people from falling under an autocracy and prevents abuses among those in power.
I do not say that Shirani Bandaranayake is lily white or that the government is pitch black. I realize that Shirani Bandaranayake has been no angel, and that Mahinda Rajapaksa and his government did the country a monumental service by giving the essential political leadership to ridding it of the LTTE. However the issue is not who is more virtuous or sinful than the other. The issue is the fate of the independence of the judiciary and hence the survival of our country as a civilized state.
One thing is certain that whatever be the charges brought against Shirani Bandaranayake they were not the reason for the impeachment because many of those who signed the impeachment motion did so before the charges were filed. Further, if the impeachment was purely and simply an exercise of a constitutional remedy to rid the country of an allegedly corrupt Chief Justice, how is it that the President intervened and gave instructions to the Select Committee about what they should do when the Chief Justice and the members of the Opposition in the Select Committee walked out? How did orchestrated government thugs and sycophants gather at Hulftsdorp with placards containing slogans utterly insulting to the Chief Justice and shout similar slogans to be heard by some judges presiding over some Courts that were then in session; and how is it that the police were there in numbers without any riot control gear to control unruly crowds while such was much in evidence when General Fonseka’s supporters demonstrated outside the Supreme Court premises? How is it that a similar mob of those who might be termed “Pandan karayo, Rasthiyadu Karayo and Maravarayo” of the Government congregated outside Parliament on the day the Chief Justice went before the Select Committee? How does one account for three wheelers with placards or cutouts on them insulting the Chief Justice parading the city without let or entrance from any officers of the law?

These are all indices of a malaise that afflicts the country. It is sought to throw out Shirani Bandaranayake in the guise of impeaching her through a sordid political exercise because she dared to stand against the government on one or more issues and this will be a signal to all judges that they too are in danger of being thrown out on various charges which will be brought after the decision to throw them out is taken.

Today, even lawyers indulge in the puerile pastime of breaking coconuts, holding placards and standing outside the Courts, exchanging fisticuffs and behaving more like their clients in criminal cases than as members of a learned and dignified profession. Let us not forget that what is at stake here, is not a person or persons but the all important principle of the independence of the judiciary – which has been the major distinguishing mark between freedom and democracy on the one hand and slavery and autocracy on the other.

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    Indeed this is the crux of the issue; the future of justice and the the rule of law in this country. Subjugation of the judiciary by the executive will destory the last vestiges of democracy in sri lanka.

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      The main point is that the corruption charges against the CJ are peanuts, compared to the MAMMOTH CORRUPTION and impeachable offenses committed by Mahinda and Chamal Rajapakse and Mr 10 percent Basil Rajapassa for land grabbing and destruction of public institutions and running a Kangaroo Court in Diya-wenna Parliament and bringing grave ham to the judiciary and legislature.
      The min point is that it is Rajapakse who should be impeached and put behind bars to save democracy in Lanka! It is indeed a case of who is the lesser EVIL.
      If Parliament is Prorogued by Rajapassa in his infinite ignorance and arrogance, the “chaos” that was predicted by the Appellate Court summons on Chamal Rajapassa and the clowns of the PSC Kangaroo Court will unfold with greater vengance- the UNEDUCATED Rajapassa’s are trying to turn lanka into a black hole in their greed for power and arrogant and ignorant belief in family supremacy over the people of Lanka…
      But the professionals and civil society will take to the street, commence the Lanka Spring and overthrow the regime FIRST!!

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    A very well thought analysys from SL as always. This is something all lawyers or anyone want a independent judiciary have to read irrespective of their differences or opinions.

    Lawyers should lead the way and get other masses mobilised against the dictator and his brothers to get this country move forward and democracy restored.

    This is something the present leader of the opposition is not capable of doing as he has his own agenda to protect his leadership of that grand old party.

    go masses go…

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    Mr.SLG has touched the real issue.

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    S.L. Gunasekera is truly a man without shame who criticises this government for its TOTALLY unacceptable behaviour and, in the next breath, proclaims his undying loyalty to it!
    Does this kind of morality/logic come out of a bottle like some genie or does that bottle contain something of a more spiritual (spirituous?) kind?

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    Mr S.L.Gunasekera who supported Rajapakse to the hilt when he went for the terrorists NOW CATEGORICALLY OPPOSE THIS SORDID ATTEMPT as it devalued the judiciary.
    Its known to all and thatRajathuma got that Kudu Mervin Silva for street drama and Dilan Perera an ADAM WHO SPARES NO VILLAGE EVE as a Badulla reader wrote and rasytiadu Weerawansa who would have been a clerk if he did not wash Rajapkse’ clothes.The adam story is that this thrice married pariah abused to abuse the gracious lady and also the Chief Justice of the land using Parliamentary privilege by calling her a woman of easy virtue.So did the drummer boy not in a band but in the village temple as another reader said.
    All these clowns and Rajapakse whois trying to pave the way for the synthetic lawyer as SL called him,will be out sometime but this country must be a democratic valued based with an impartial judiciary for future generation still to be born
    Sarath Silva started and today he is treated as a joker.Then came THAT ASOKA SILVA, BALAPATABENDI AND THAT WOMAN WIJESUNDERA WHO SENTENCED SARATH FONSEKA AND GOT A PROMOTION TO THE APPEAL COURT IN A FEW WEEks.Mr S.L.Gunasekere is an ornament to the Bar and did not run behind to get a position as a PC.
    Country is waiting to see Bathiudin behind bars for contempt of court after threatning the MANNAR MAGISTRATE.We hope the learned judges will handle him correctly

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      Well said, Piyal.

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      When a government has extensive powers as a result of the enormous parlaimentary majority it has, it can add more to that power without too much effort.In such circumstances the judiciary of the country must ensure that the government’s bodies do not act unfairly or in bad faith beyond those powers by seeing to it that statues which lay down procedures are strictly followed and adhered to eg. the PSC appointed for the impeachment of the CJ.
      Judges are seen as arbiters in the case of conflicts between two individulas or State and an individual, and as having no policy or view of their own.
      Whether that is true or not is not the point.Like anyone they may have a view or opinion privately but what ulimately matters is the function they perform and the role they perform as a judge in taking a decision on the matter.The judgement taken must be formal brief and to the legal point.If it happens to be more than that, then it should be within parameters of the whole country at large and never be that of the government or majority.

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      PIYAL DE SILVA:

      Weerawansa had passed only the Grade SIX. How he becomes a clerk ( unless you talk about the MP’s phone call or the letter or the FALSE certificates).

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    This & so many abuse of our rights by executive means he is not fit and proper to take Lanka forward.
    The three wheelers were there not on their own accord,they are from Budget,drivers were told they will be fined if they did not show up.It (Budget) is owned by a ex-three wheel driver & Wimal Gonwanse’s good buddy.

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    “The once honourable and independent public service Sri Lanka had was destroyed with the advent of Mrs. Bandaranaike’s government with a 2/3rd majority in 1970. The turn on the gibbet was now that of the judiciary. The truth of the old saying that power corrupts and absolute power corrupts absolutely was never more apparent than now. ”

    You think it was even worse in 1970 than it is NOW?? That’s doubtful, although it did rise to its highest levels up to that time. However, it looks like the Rajapakses have taken corruption to new heights and hopefully they will never reach that “absolute power” stage.

    Looks like the judiciary will have a most important part to play in stalling that insidious ‘progress’. And hopefully guys like you can shed their allegiances to the Rajapakses and transfer your allegiances to the country instead.

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    ALL THOSE WHO DANCED AT JUNCTIONS EATING “KIRI BATH” WHEN THE TERRORISTS WERE BLOWN OFF, ARE NOW DANCING AT JUNCTIONS EATING THE DROPPINGS OF THESE GOONS. WHAT A CHANGE.

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    Yes, Mr. Gunasekera, Ms. Bandaranaike did make certain wrong decisions. But she was a real lady. She and her government respected the rulings given by the judiciary. She was a cultured lady with a good upbringing. She never stooped to the low level of using goons to whitevan dissidents, murder journalists and insult, intimidate and harass judges and lawyers. She never sweet-talked to a person with a charming smile and later stabbed him or her from behind!

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    Brilliant,Mr. Gunasekera, you have pitched your point where it most deservedly need be pitched. What matters is not the persons involved or the government for that matter and what matters is the independence of judiciary that is sine qua non for a functional democracy.

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    For example, there are reports of releasing questions in several examination papers in the ordinary level examination in the year 2012. Government officials in the higher education sector are responsible and accountable for proper conduction of examinations.

    As a result of malpractices there will be inequalities in examination results, majority of the law abiding young and poor students will be discriminated against by the government affiliated influential group of people. Senior Council Mr. S L Gunasekera describes corrupt individuals as Pandan Karayo, Rasthiyadu Karayo and Maravarayo.

    Judiciary is the only place where students can seek a relief. Media, police and committees appointed by the authorities all try to suppress and cover-up investigations, worse thing is that, they try to justify leaking of examination papers is normal and acceptable, they desperately try to convince the students that, thieves can accurately predict including the diagrams and charts in examination papers, this could be high as 19 questions accurately predicted in a key national examination.

    If the officials intimidate and threaten the Judiciary to give a court decision in favor of the officials responsible for malpractices, also threatening that, otherwise they bring an impeachment against the Judiciary. What’s the point in ordinary citizens going to the courts if the judiciary is not independent? Corrupt officials try to interfere and intimidate the Judiciary in each and every aspect where there are malpractices. They try to intimidate, interfere and misguide Judiciary in University admissions. Without implementing the expert committee recommendations of the presidential committee appointed after a Supreme Court decision, they device a previously uninformed, arbitrary and a secret personal kind of method decided by a limited number of individuals in another committee appointed on their own.

    Marks and the average standardized overall mark obtained by the students in examinations have been completely ignored, therefore, there are serious discrepancies and inequalities in university admissions. The officials try to interfere with the independence of the judiciary to justify admitting students on an arbitrary method where the Island ranks around 300 is deprived of university education and the Island ranks low as 1450 and below is given that opportunity in the same district to enter the faculty which was denied for the highly qualified students.

    This type of malpractices can take place in each and every aspect of the society if there is no law and order in the country. The independence of the Judiciary will be protective, a necessary requirement and will be the most important democratic principle in the future for the very same individuals who bring an impeachment.

    If there are murder cases where the political opponents are the victims and if the government interferes with the Judiciary, can the entire opposition be wiped out? What if in the cases of election malpractice if the Judiciary has to bow down to pressure and give verdicts in favor of the government?

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    Well Said S L, the issue is the fate of the independence of the judiciary and hence the survival of our country as a civilized state. President Rajapaksa does not need to sacrifice the independence of the judiciary to remain in power. His good track record and the common touch are adequate to win two more terms without much opposition. If he wishes to restore the image of the country, he should consider the re-introduction of the 17th Amendment, if neccessary with a minor amendment and amend the 18th amendment by limiting it to the extension of two terms to say 4 terms, which is 24 years. If not, Sri Lanka will continue to be a Pariah Nation to the western world and we risk sanctions similar to those imposed on Cuba & Iran.

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    As a eminent lawyer and statesmen , MR SLG your candid opinion regarding whole issues is quit admirable. The language you used is more appropriate in order to comprehend facts for these type of politicians.

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    SL – An excellent analysis. This must be translated into Sinhal and Tamil languages and published countrywide, so that the ordinary folks in each and every urban and suburbs will realize the gravity of the situation the whole country is faced with.

    The latest of the “circus” is how the “pandan-karayas” and other “media gurus” have taken upon themselves as “self appointed legal pundits” to analyse the whole drama of “impeachment” to the public. Just listen to Mr. Hudson Samarasinghe of SLBC in his programme Dasa Desin and you will realize to what level the SLBC has been degenerated. The language used to abuse each and every individual who has expressed opinion in opposition to the impeachment is so vulgar that it cannot be listened to even by anyone who has an atom of self respect. But the “Big Wigs” want realize the danger. At least they must remeber how this man acted during the time of late Mr. R.Premadasa. When the time is bad, nothing could be stopped.

    The other latest is the “Foreign Conspiracy” theory to topple the Government. These “pundits” who advise the HE wan’t realize one simple fact: i.e. if things are handled in the “right way”, nothing would go wrong and no foreign intervention will be or cannot be made.

    Unfortunately “SIMPLE AND COMMON SENSE” are not the order of the day.

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    Impeachment seems to be a conspiracy initiated within the government, some officials involved in malpractices intentionally promoted a confounded situation disregarding unfavorable consequences to the government.

    They crated unnecessary trouble in a crucial moment, and they brought discredit to the Executive, in the mean time intend to threaten and control the legal fraternity.

    Before thinking about a forign conspiracy government need to identify the internal conspiracy and those individuals who promoted the idea of an impeachment. They might continue to disrupt the law and order situation in the country.

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    This article state that the error in the CJ impeachment case was that the decisions taken by the Supreme court which included CJ was not appealing to the GOVT.

    then the govt should have got the help of a better LEgal Draft man who could circumvent those needs. IF not they should have devdloped other methodology to over come those difficulties. Instead the govt used third class politics to win it.

    Even in front of the Sri Lankan citizens who should be the final judges CJ should not BE guilty because it is a mistrial by the govt and the PSC.

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    Rajapaksha will not listen to any one he is obsessed with power.Can you imagine a head of state saying that he would have shaped up the case of CJs husband at a public gathering if he had listened to him.So that means if any one connected to the regime will go Scot free in the event of being any crime committed.So what it says is law doesn’t apply to the Rajapaksha cronies.I don’t think Srilankan masses can bring down this government.Only option will be the international community to bring pressure against this despotic regime headed by a family.

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    SL belongs to that fastly fading era when the black-coated gentry thought and behaved like “members of a learned and dignified profession” that won accolades from the entire world. Our lawyers were in demand in many developing countries (Africa, in particular) for their quality of learning and the law. It has now descended to a level where the CJ, the head of the BASL and even the CJ’s Attorneys struggle to write a decent line of sentences in the quality of English expected of them. I am, of course, aware one does not have to be proficient in English to be in Courts or practise law today. The truth is SWRDs Language of the Courts Bill – calculated to hit Tamil lawyers (to some extent Burghers too) who dominated the profession island-wide then – eventually went out to reduce the profession to a joke.

    It was, I believe, the legendary GG Ponnambalam QC who convinced the learned and respected judges of the 1962 Trial-at-Bar it was improperly constituted – ultra vires the Constitution. The quality and fairness of our legal system then was such the learned judges yielded to the considerations of jurisprudence. Those gentlmen, learned in the law, were not afraid of a super Minister then widely considered half-mad with excessive power.

    SL, the raw truth is almost all sections of our once respected society has progressively declined. As to the collapse of the process of justice, with handsome contributions from Felix DB, Mrs B and JRJ we are now at that level one law was behaving like a poosari while others were breaking coconuts. It is the law of the jungle that is in operation for sometime now – thanks to the Chinthana. I agree with you all this nonsense will come to an end soon.

    Senguttuvan

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    Whatever is said, this despotic rule by an obnoxious family group, will go on and on.There is NO OPPOSITION as all the parties in the opposition have been broken into TWO by the sly and scheming Government, which works on the DIVIDE AND RULE policy.It is only the emergence of a third party who will be able to gather together ALL the people, irrespective of CASTE CREED OR POLITICAL AFFILIATION AND LEAD THEM ON THE PATH TO A BRAND NEW ERA, that we will see a change.I still feel that the old adage, COMETH THE HOUR,COMETH THE MAN OR WOMAN, will work for Sri Lanka some day.Who that will be no one knows, but when it happens we will all know.Till then be patient,because the writing is on the wall.The day of reckoning is not far at hand, and when it comes it will come with a vengeance.

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    Mr Sl Gunasekara essay approch of History Judiciary since 1970 has give excallane pictures of what happen inside Justice and Legal system in Ceylon and Sri lanka.Needless to say it was REAL FACTS indeed.
    I have to persoanlly appriciated Mr SL presantaion without fear and favour in name of Democracy.Youg geneartion of Democratic-orinted social classes has learn lesson FROM how is Indepandean Judiciary is important of Pillar of” MARK FREEDOM AND DEMOCRACY” OF OUR NATION.
    As ” SURVIVAL OF OUR COUNTRY AS A CIVILIZED STATE” we have upheald Indepandeance of the Judiciary without differance of opinion of social classes of driving economy-political-social progress.
    We are in path of bourgesios led capitalist path of developemnt,Its system has more progressive act and norms in system survial came into being.Indeed we have accomodated and enrich and injected into our social developemt as Judiciary law or Rule of Law in future Sri Lanka.
    We have overcome all TIDAL WAVE anti-Democratci moves and focres even under the ongoing Path of Developement and Democracy eve under Mahind Rajapakasa Governmnt.I appriciated MR SL G’s move on right dircection of ” independence of the Judiciary-which has been the Major distingushing mark FREEDOM and DEMOCRACY on the one hand and Slavery and Autocracy on the other”Mr SL in the right thinking of Social Politiacl and Economic of develoement PATH OF SRI LANKA.
    At the same time I belived this NOT the SUTIABLE time to support for sinster motive of CHANGE of REGIME; TIME HAS NOT YET RIPE FOR CHANGE OF POLITICAL ORDER OF DEMOCRACY OF ISLAND; Its BECOME VULENERABLE of Democracy in the Island recover had been start very receantly.
    WE URGENTLY NEED PEACE AND STABILIT AFTER END OF 30 YEARS WAR HAD UNDERMINE FOUNDATION OF DEMOCRACY FUNDEMANTALS AND EVEN JVP ANRCHSIM SHAKE FOUNDATION SYSEM OF FREEDONM ,JUDICIARY AND FATE OF INDEPANDANCE JUDICIARY SINCE OF TERRORISM PRATICE 1965 MAY.
    Indepandenace of Judiciary is ONE OF THEM.In fact if we negation or denied Indepandence JUDICIARY of Democracy ,such policies will NOT benfit the people,who are SOVEREING AND THAT BASIS OF THOSE ELECTORAL VERDIT OF DEMOCRACY GOVERANCE FORMED.

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    Before mobs “Pandan karayo, Rasthiyadu Karayo and Maravarayo” of the Government congregated outside Parliament on the day the Chief Justice went before the Select Committee, did not the CJ came out of public entrance specifically to get a ‘pirith nule’ tied by a political monk at Supreme Court complex followed by a blessing by a padre, and then to get cheered (many a accused as well) ‘jayawewa’, and to shake hands and get best wishes from a heap of whatnots and on her way to face the PSC inquiry in front of cameras. Isn’t that a game, Mr Gunasekara?

    Are you saying all that Hullabaloo and earlier coconut smashing by black coats in front of the SC and shouting ‘bangawewa’ and other filth to President and cursing the the PSC, had not disturbed judges presiding over courts in session at the time. Or, are you saying all courts have been recessed to wish the the CJ best of luck?

    Oh, come off it Mr Gunasekara, the CJ has turned the entire impeachment to a political game. The entire unholy alliance that had lined up behind SF at the last presidential election have now openly elevated the CJ as their idol. All that NGOs and their paymasters want is to bring about a ‘Haultsdorf spring’ to us. Like for you, Anshumala doesn’t matter for them as well; but not for the reason as you are pursuing. Most people wouldn’t buy your argument. They do not care two hoots about the judicial independence you are talking about, and mind you, not for me either. We all have our political interests. We believe Anshumala is a willing part in this game.

    Just read the letter that CJ’s son released to the press at the very beginning of this melodrama. To me, that letter was the first battle cry to rally all that incompatible and differing opposition under a new heroine. But by that time it was no secret that black coated sharks and NGO Mafiosi have positioned themselves around the CJ. Mark my word, the President will not prorogue the parliament as few three wheeler leftists wanted or the CJ will not apply for leave as Professor Carlo Fonseka wanted for the entire impeachment has now become a political match.

    Its a knock out match between Shriyani Badaranayake and Mahinda Rajapakse. So, both cannot hang-on to their positions. One must go. Either the CJ, who is appointed for life by the president and found guilty by the PSC inquiry or the President, who was elected by the people must go. If we go by the said letter of her son, the CJ would never resign. The President cannot either.

    As you know, it is the people of Sri Lanka and not the IC sit as the jury. Majority in Sri Lanka knows that the so-called IC and their puppet commissions like AI have a long history of making undue demands from our governments and this President hadn’t succumbed. He finished the war and the terrorists both, and they don’t like it. They want to rid of him and place a puppet in his place and divide this country. And this lady is a part of it.

    People will be on the side of the President. Do you know why? They do notice that the CJ and ‘black coated sharks’ do not attempt to prove them of her innocence for charges she is found guilty by the PSC. People are no fools; they know that legal wrangling by CJ is to buy time. People have the experience of ‘black coated sharks’ snatching money to get their cases postponed at local magistrate courts.

    Besides they can see that the CJ is guilty for not declaring her bank accounts and buying an apartment that was restricted to sell and from a company she herself heard the case against and getting 1.6m discount and being the wife of an accused and yet remain the head of the judge who hear the case of her husband.

    Reading the web and talking to some of them, I see that they are blind for all wrong doing by their new heroine. Instead, they are concerned of the ‘natural justice’ denied to her. However when petitioned against a lower court judge, we hear that JSC hearings are dictatorial to a worse degree. Then what about the ‘normal justice’ the CJ had denied to GK depositors.

    These unsettling events cannot be allowed to go on. MPs at the parliament should accept PSC finding and vote the CJ guilty. And the president should not drag the case but remove her asap. But the government and the president will have to keep people on his side and it has to be done not through brawn but on propaganda, stings and smart moves. In the end, I believe, the CJ would be gone with the wind. And the assortment of followers will start looking for a new hero or heroine.

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      Villager,

      Please read my following analysis on CJ Impeachment…and see where the trial going to end.

      I think this whole CJ impeachment is based on three issues. They are….

      1)It’s CJ’s sister who bought TFC Trillium property when it was under investigation……..and if there was any restrictions to purchase the property at the time CJ’s sister bought it…….

      2) How CJ maintained 20 odd Bank Accounts with huge sums….

      3) Why CJ did not publish these assets (Bank accounts) in her year end Tax filing….

      I don’t give much attention to CJ holding high position, while her husband has a Lawsuit against him…or…… he holding a Govt, VIP Position while CJ is in the supreme court as Chief Justice……….as I think these are mere political issues.

      As to the a bove three qiestions……..CJ answered as follows..

      1-A) According to CJ…the time CJ’s sister purchased TFC property, there was no clause to restrict purchasing TFC property. Also ex CJ Sarath Silva had purchased a same property during the same period…….Moreover it was CJ’s sister who purchased the property and not CJ. CJ was only a Notary for her sister.

      I don’t worry about the Rs. 1.6 million discount as these discounts are mere common Practice in real estate business sales, and PSC should have known better.

      Therefore how could PSC bring a Lawsuit against CJ…….. for a property bought by her sister……..eventhough if there was a restricted for sale.

      2-A) CJ says these 20 accounts are generated by the banks automatically …..when they deposit the CD’s, and once they mature after the said period….and are re-depositrd same with interest with purchasing more CD’s to another bank generated account….………which the PSC could not understand properly.

      3-A) CJ says she received only her salary and the other monies were sent by her sister who lives in Australia to pay-off the mortgage of TFC property.
      IF so CJ does not have to include those monies in her annual tax filing report as they are not her money.

      Therefore I want to know why PSC cannot come to a conclution based on the information CJ has provided them with. PSC could have consulted an Accounting firm on Money and bank A/C matters,…… a Law firm on the validity of the Trillium house purchase…… and a Tax consulting firm on the CJ year end Tax filing issues.

      With reference to justice Thilakawardene to step down on Golden Key issue….I think that since the case is more Deep, more bureaucratic and corrupt with top Govt. VVIP’s are involved,…. CJ would have thought that she will handle it herself. We will see the truth once the trial begins.

      WITH RELATING TO MR. KARIYAWASAM’S CASE…..YOU WILL SEE THE BIGGER SHARKS INVOLVED IN THE SORDID TFC STOCK SALES WHEN THE CASE BEGINS AND THE CULPRITS REVEALED.

      Therefore under my above analysis I don’t see any MISDOINGS OR ANY CORRUPTION MADE BY CJ.

      Infact CJ come as a winner and will sue all the 117 whyo signed the Motion and bring a lawsuit against the PSC seven who humiliated and withheld infromation to her.

      Infact you are correct when you say either President or CJ must leave.
      I agree to you. But at the moment President and the 117 and the PSC 7 are in trouble for bringing a false case ahgainst her, where everybody know that this case id about CJ not passing the Divineguma Bill.

      It’s going to be a tough year 2013 for president….and unless he acts extra careful…..HIS DAYS ARE NUMBERED.

      It will be a Lamborgini ….Gangnam style.

      I SUGGEST WE SOULD GIVE THE JUDICIARY MORE POWERS TO ADMINISTER COUNTRY WHO ARE MORE EDUCATED, CULTURED, QUALIFIED AND MORE CAPABLE TO RUN A COUNTRY THAN UNEDUCATED, UNQUALIFIED AND UNCULTURED PARLIAMENT MINISTERS.

      Let me have your views.

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        Jayantha
        The reply below is for you.

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    I shall not respond to “DAYS ARE NUMBERED ,It will be a Lamborgini ….Gangnam and etc” that are unrelated to this issue. Real issue is, whether the CJ is actually culpable for three charges the PSC found her guilty or she is innocent.

    The CJ backers are losing their wit of late. People see that the CJ and ‘black coated sharks’ do not attempt to prove her innocence for charges she is found guilty but come up with legal rights, delay tactic and such stuff in defence. People know that they too pay ‘black coated sharks’ to get their court cases postponed when they are losing. So, everyone knows that acolytes of the CJ have filed many a court cases enable her to drag the impeachment. When all those petitions have gone astray after the PSC being wounded up, she did the worse. Is not the CJ herself filing a case at the Appeal Court to which she herself appoint the bench to squash the PSC report against her is a clear cut case of ‘naduth hamuduruwange, baduth hamuduruwange.

    Now let’s get to the topic. Remember CJ’s attorney Neelakandans had send a written answer to PSC t the very bignning. As the reply for this charge, the letter says; “In the circumstances there was no restriction for the sale of any of the housing units of Trillium from 6.5.2010. In the circumstances from 6.5.2010 the housing units in Trillium residencies were in effect not a property in the list of properties in case 262-2009 that could not be alienated.”

    But the PSC report that is out now says the above answer is a lie.

    The court documents attached to PSC report shows that the bench headed by justice Thilakewardena had issued an order that says: “This Court also directs the Committee of chartered Accountants to pursue all negotiations for the sale of other properties by advertising and calling for quotations with a view to obtaining the highest going prices on these properties. No properties to be alienated without the express permission of this Court. For the moment, the properties to be disposed would be” And evidence by Court registrar’s and Justice Thilakawardana’s proved the authenticity of that document.

    In Justice Thilakawardana’s evidence, she had said an interim order was given and strictures were placed to enable the depositors to get the most from all the company assets. These apartment sales are no normal sales. Sales proceeds were to be used to pay back 9000 desperate depositors. Management should have advertised all the apartments and sold each one of them to highest bidder. Not just that, details of the order says; each sale must be reported back to the SC before writing deeds. Nothing of the sort was done. When the manager was questioned at the PSC, whether he was expecting a favour back from the CJ he kept quiet. Now you tell us Rs.1.6m discount is ok or not.

    You’ve got it wrong or mixed up, CJ Bandrnyake never claimed ex CJ Sarath Silva bought a property there. It was her immediate predecessor ex CJ Asoka Silva she claimed to have bought a property there. But he denies it. And that’s the end of that excuse.

    If you want, I can write more on what happened when a petitioner prayed for a bench of five how the CJ changed the then existing bench of three to a different bench of three headed by her but not five as requested. With documents PSC proceedings show all done to disregard three years of hard work by earlier bench and manipulate the proceedings for her to buy an apartment. These will come to light gradually.

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    Villager,

    First I apologize for the mistake of mixing names of ex CJ Asoka Silva to Sarath Silva. Sorry for the mistake.

    1) The reason I mentioned “LAMBORGINI” was….when it comes to all other issues such as giving workers Rs.2500 increase as per Mahinda Chintana, or a solution to FUTA issue, Education, health, LLRC recommendations, finding white van murderers, museum robbery, disappearances of human right activists, and media personal, looking for culprits who try to murder Bar association members etc…etc…..the GOSL takes the path of a…. “TURTLE” walk………while when it came to CJ impeachment, everything from signing the motion by 117 upto submitting report to Speaker the Govt. went in a ….”LAMBORGINI” style race…. Why is this.

    This is the only case in the HISTORY OF THE WORLD EVER……where a case was generated, filed, herd and a verdict given for 14 CHARGES in a TWO MONTH period.

    Please let me know why should I not call theis a ‘LAMBORGINI’ verdict….or if you want me to call this a “TURTLE” verdict.

    During the impeachment motion brought against ex CJ N.D.M. Samarakoon….THE CASE WENT OVER 6 MONTHS JUST TO HEAR 1 (one) CHARGE….AND STILL COULD NOT ISSUE A VERDICT AND THE CASE WAS FINALLY DROPPED ALTHOUGH SUFFICIENT PROOF TO CHARGE WAS AVAILABLE.

    Please give me a valid reason…why I should not call this a LAMBORGINI PSC COURT…..OR A JOKERS PSC COURT….or A TURTLE PSC COURT.

    2) I mentioned “GANGNAM STYLE” was due to the fact that while mega billion Dollar losses are occuring on daily basis in the GOVT. such as Billion Dollar losses in CB hedging deal…..Greece Bonds, Petroleum Corporation losses, Sri Lankan, Mihin Losses, WB 2.6 Billion dollar borrowing etc…etc…
    While these huge Billion dollar Losses are occuring due to UNEDUCATED, STUPID, CHEATERS, AND CORRUPT GOVT. PERSONNEL BEEN EMPLOYED… and as a result it is the tax payers who suffers…..why GOVT going after a mere house sale bought with valid personal money by CJ’s sister.

    Also can you let us know what happened to Helping Hambantota Tsunami Money and other mega “China Man” illegal contracts awarded without proper tender procedures….or without proper Parliament approvel and with Million of Dollars Commission and Black Money involved…

    So other than calling this ‘GANGNAM STYLE’ what else I should call…..or it is to be called…..ever famous “BAILA RAJA”….. choice is yours.

    3)It is upto ex CJ Asoka Silva to prove that if he did or did not purchase TFC property, and CJ to prove if he purchased it.

    CJ is not that stupid to bring an issue if she cannot prove it. So let the REAL COURT decide on this issue.

    4) On any ground you should note that this TFC property was purchased by CJ’s sister…..and not CJ….even though there’s a case pending on it. So her Sister should be penalised for this transaction and CJ cannot be 100% charged on this sale.

    CJ was only a notary to this transaction,….. and part of the blame has also to be borne by TFC personnel for selling a property under investigation.

    5) Please ask from any real estate property company on Discounts….These discounts are part of RE sales ….and they are responsible for it. Not CJ. Also calling for quottations and going market prises are Real estate companies business. Not SC ofr CJ. We will see the purchase figurs when the case re-opens.

    6) Regarding GKH 9000 depositors….and the whole Golden Key Fiasco is a Govt. Conspiracy.

    You may know that Hon. Lalith Kotalawela is a staunch UNP supporter and helped UNP immensley both in Monetary and administrative support.

    Meanwhile Hon.Lalith Kotalawela contributed Rajapakse Govt.also with monetary donations, but Govt. sharks wanted more and more pounds of flesh…..and finally made sure it collapse.

    Although Central Bank had many opportunities to rescue it like the way it keeps on pumping Millions of dollars to loss making Sri Lankan and Mihin Airways, CW games bid, Gold sale, Petroleum Corporation, Electricity Board, Buying property in N.Y. USA, Hedging and Greece Bonds, Acquire Shell Gas and Apollo Hospital etc…etc…I could write more…not enough time and space….why it did not come to rescue a well established company when the need arrived is questionable.

    So the Rajapakes made a plan to collapse the whole GKH empire….and due to this Both Investors and the depositors and L.Kotalawela and UNP and the GKH employees and the whole country suffered.
    CJ has all the information and records on this fiasco….and the truth will come out in coming months.

    It’s not only the 9000 odd depositors…but all the employers, their families, their executives, and the tax payers who suffered from this GOVT. CONSPIRACY.

    It is presumed that Govt. Rush to pay the 9000 depositors is a plan by the GOVT. VVIP’s to acquire GKH Properties with BLACK MONEY AND WITH THE 85 Billion rupee DIVINEGUMA BILL JACKPOT MONEY AT A LOWER PRICE.

    Therefore if all the 9000 odd depositors have little patience, all their deposits with interest could be settled by CJ.

    Everything will be revealed when the new case start hearing.

    Remember You know only the TIP OF THE ICEBERG AND MANY MORE MYSTERIES TO REVEAL IN COMING MONTHS.

    IT IS LIKE VIKILEAK’S REVEALING EVERYTHING.

    Therefore please don’t rush to a conclution and try to nail the innocent or given the Judgment upfront, when the real and Big sharks are roaming freely.

    NOBODY IS GUILTY UNTIL PROVEN AND AS YOU SAY THE COUNTRY WILL SE WHO ARE THE REAL………
    “BLACK COATED SHARKS”…….or….”THE WHITE COATED… WHITE SHIRT AND SARONG DRESSED” WOLVES IN SHEEP CLOTH.

    Hope I answered your questions….but please let me have your views.

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    Jayantha – In the matter of GKCCC depositors you counsel more patience for the 10,000 depositors. Sadly, in addition to some who committed suicide, many who died prematurely of shock and worry, many once-upper middle class families thrown to the streets – I was recently sad to learn of some living in the open in bus-stands since they have been evicted by their landlords where they lived on rent.

    Meanwhile, Lalith, his wife, Kavan Perera and the other directors live in opulence and luxury on fraudulently acquired money. Lalith gave an undertaking to the Mt Lavinia Courts if he is freed he will come out with a definitive solution formulae. It would appear this was only a ruse by him, with support from powerful sources, to free himself from
    remand jail. All those involved are powerful people. Kavan’s father was a former head of the Army.

    You speak of these innocent Depositors getting their capital with interest. I hope this happens soon because I have seen too many tears and much harrowing tales from these people on more than one occasion.

    Senguttuvan

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