26 February, 2020

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The Need Of The Hour; Raise Our Voice Against Militarization And Lawlessness

By Upul Jayasuriya –

Upul Jayasuriya -BASL President

Upul Jayasuriya -BASL President

Bar Association of Sri Lanka is a body completely apolitical. We respect the rule of law, independence of Judiciary and other democratic values. We have consistently opposed the gazette vesting Police powers on the Army, Navy and the Air Force on a continuing basis applicable for the entire country. We have moved resolutions at the Executive Committee of the BASL and the Bar Council and issued press releases. Other professional bodies too have condemned it. All our efforts have fallen on deaf years. In this back drop we decided to call this public Forum to place the issue before you. Rule of Law is defined as the restriction of the arbitrary exercise of power by subordinating it to well defined and established laws. It is the principle that all people and institutions are subject to and accountable to law that is fairly applied and enforced.

Aristotle flatly opposed letting the highest officials wield power beyond guarding and serving the laws. In other words, Aristotle advocated the rule of law.

The World Justice Project has proposed a working definition of the rule of law that comprises four principles:

  1. A system of self-government in which all persons, including the government, are accountable under the law.
  2. A system based on fair, publicized, broadly understood and stable laws
  3. A fair, robust, and accessible legal process in which rights and responsibilities based in law are evenly enforced.
  4. Diverse, competent, and independent lawyers and judges

The judiciary is the last bastion to a person who has been subject to injustice. It is in such a backdrop that it becomes an imperative concept in giving effect to Rule by Law as opposed to Rule by Men.

However, the notion of rule of law can be regarded as being safeguarded only if justice can be administered to all citizens equally. Arising out of this, is the fact that those who have been temporarily entrusted with the duty must maintain, protect and nurture the rule of law, for the benefit of the people not the political masters.

Nonetheless, what has happened today?

Army or the Military is an integral part of the defense system of a state in ensuring the protection of the state and its people. However, they have no role to play in policing a society.

On the contrary, they are regimented to act on the dictates of politicians in power.

In this backdrop, society has rapidly been tilted towards militarization. The military rule which has been enforced under the guise of the civil war, is gradually over shadowing a Democratic society.

Whilst there has been a gradual decline of the rule of law over the last few months it has now reached a critical point. Human rights and Humanitarian laws have been completely disregarded. The entire society has fallen prey to subjective standards of a few who hold unlimited power, and a few others who are closely linked to them. Laws that must apply to all persons irrespective of their status do not seem to apply to them. They appear to act above the law!

What is the role of the legal fraternity in the name and the need of the hour?

I shall quote from Former Chief Justice of Maha Bharatha His Lordship Chief Justice Altamas Kabir, barely 24 hours ago. “It is the duty of the legal fraternity upon its Corporate Socio Responsibility to give something back to the society in return for what we have been benefitted. Issues of Public Interest should be in the foremost in the mind of a practitioner.”

Fundamental rights of the working class such as right to strike, right to protest and the right to express their views through peaceful protests which are guaranteed by local laws including the Constitution and international covenants are being stifled by way of restraining orders obtained from courts.

Those who are in the highest level of governance are blatantly violating the law with the full glare of public scrutiny. If this situation is permitted it would create a dangerous trend where privileged persons would have no Law to obey.

We have seen sad incidents in weliveria, Slave Island, Wanathamulla , Negambo Chillaw and in Kankasanthurai.  When will that day be to put an end to such Lawlessness? The appointing process of the Judges that was once vested with the Constitutional Council is now vested with a single person whose criteria is not the suitability, Qualifications or seniority but mere arbitrary practice that lacks transparency, in total violation of the Latimer House Principles to which we are signatories.

It was in the morning papers today, I saw that the Police have reported facts and obtained a judicial order preventing a peaceful protest in Galle Face alleging that it would impede the free flow of traffic. It was just a few weeks ago we witnessed hundreds and thousands of sand bags unloaded and stacked up even during peak traffic. We know who was responsible for this. The Police did not think it fit to obtain similar Judicial orders in that instance. This is the society we live in. But who cares.

A recent issue of The Sunday Times reported that the 9.32 Km-long outer circular highway from Kadawatha to Kerawalapitiya costs an ungodly 7.2 Billion a Km. A 26 Km extension of the Southern Express way to Matara and Beliatta will be Rs. 4 billion a km. The 26 km long Colombo-Katunayake Expressway cost the country Rs. 1.8 billion a kilometre. This is around double the cost-a-km of the completed 95 km stretch from Kottawa to Pinnaduwa on the Southern Expressway. The discretion that is vested among certain privileged persons is being grossly abused. In the name of transparency and good governance we move that such unsolicited bids be totally rejected and the same be made and of fence under the bribery act and such people be dealt with accordingly.

It is the rights of we the citizens of the country that are violated by the award of Mega projects without a transparent tender procedure by way of so called ‘unsolicited’ deals. But who cares? All kinds of lame excuses are given by corrupt officials to satisfy their guardian angels. They must not make the mistake that the intellectual society of this country are not gullible and ignorant. They can fool some people for some time. Not all the people all the time.

It is the call of the professionals to resolve to prevent the further deterioration of the rule of law and urge, professional organizations, trade unions,  student unions, civil society organizations and citizens and make others aware of the dangers ahead, and raise our voice against militarization and lawlessness.

We in the BASL passed resolutions, we issued press releases, we did every thing within our means. The hour is upon us to cry for Justice, though the powers that be, may never hear us though they may hear of us, Let’s wake from the fearful palsy. What is the need of the hour, if any, on our individual action?

This voice must most surely be heard of, of the wrongs of headless anarchic attitudes, whilst the ruin of a nation are on the cards and on  the heads of the people of this country.

The true time has come, to drive sanity and restore intact, in  full glare of public scrutiny, let it not be left to the Judges and Lawyers near and far. Let’s get together and plead for Justice and equity, plead for rule of law, Independence of Judiciary  and save the nation’s life, and save it from tyranny!

Time is up for all concerned, to cry for Justice, not only for those who come seeking Justice, but Judges themselves who cannot speak for themselves. It is time that transparent procedures are put in place and independent criteria based on merit be put in place and turn our back to those who take positions in the judiciary, that do not legitimately belong to them.

The Bar Association of Sri Lanka has taken this historical initiative as provided for in its Constitution definitely not for any personal gain neither for the legal fraternity nor for my self.

Martin Niemöller (1892–1984) spoke about the cowardice of German intellectuals following the Nazis’ rise to power and the subsequent purging of their chosen targets, group after group. He said, and I quote,

First they came for the Socialists, and I did not speak out– Because I was not a Socialist. Then they came for the Trade Unionists, and I did not speak out– Because I was not a Trade Unionist. Then they came for the Jews, and I did not speak out– Because I was not a Jew. Then they came for me–and there was no one left to speak for me.

Therefore let us learn from these mistakes and ensure that we the intellectuals in Sri Lanka stand up for our rights on behalf of ourselves, our families, our loved ones and the generations yet unborn.

*Speech made at the BASL summoned Public Forum on the vesting of Police Powers on the Army Navy and Air Force and the break down of the Rule of Law situation held at the Sri Lanka Foundation Institute on25.03.2014.

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Latest comments

  • 12
    2

    If the law and order in Sri Lanka is so bad, why won’t the agents of Law, the Lawyers protest by not attending courts on one day all over Sri Lanka. This should send a strong message to the Government.

    • 3
      5

      I do not believe in those Black coat Penguins,
      all are Cheaters.
      Not even a Synthetic LOW yer or His Father, the Lime kiln Low yer from Hamba Thota.

      Better to jump in to the sea than Believing them.

    • 6
      0

      Not one day but abstain from attending court until the bona-fide CJ is replaced and the 19th amendment is repealed and commissions under the 18th amendment is enforced.
      If you do this then the people will join you in the struggle.

    • 2
      1

      Even if one would need to think twice about nother millitarisation, unequivocally anyone with sanity would not disgree that we have to work on lawlesssness situation that has become a threat to people´s life across the island today.

  • 6
    1

    Is’nt is ironic that ‘learned’ members of the Bar Association facilitate the existence of the state of affairs very well detailed in this essay?

    One can issue opinions,statements and even pass resolutions but until and unless it hurts in the pocket and/or stomach, no one will take notice.

    Does’nt the Bar Association of Sri Lanka have the powers to have its own members conform to some standards with regards to ethics, morals values? Or are they for sale to the highest bidder? The facts indicate that is the case.

    You can wring you hands all you want Mr. Jayasuriya, but your bretheren are part of the problem and therefore they are not likely to be contributing towards a fair solution.

    • 5
      1

      Lawyers are the biggest rouges in the country who has no principles whatsoever. Everyone knows that lawyers con the public in broad daylight. But they pay the least or virtually no tax at all.

  • 4
    0

    Rule of law, fair independent justice system and true transparent democracy are fundamental for peace and harmony in any nation. No one should be above the law. In a true democracy, you don’t need to afraid of a politician, a policeman, or a military personal because they are the servants of people and accountable to people. Unfortunately, people are afraid to question politicians, people are afraid to go and make a complaint, people are afraid to see a military personal because they have the power and they are together against people. People have no choice now because they ignorantly responsible for allowing them to break the law and break the human character.

  • 2
    5

    ..Bar Association is totally apolitical …My foot….

    ..Bar Association serves justice to everyone…

    Poor Villagers who lose their life savings over land disputes .and . even Divorcees with a bit of money who get taken to the cleaners and sometimes lose land as part payments. and even forced for sexual favours as payment for better deals wouldn’t agree.

    Wonder whether this Upul Jayasooriya will appear free for the UNP Buddhist Faction Leader Premadasa Jr.s Sis who has been dobbed in by a private Bank for depositing LKR 2 Million in forged 5000 Bills?.

  • 4
    6

    Upul Jayasooriya, You are nothing but a UNP CROW crying for everything. You tried hard with Wijedasa Rajapaksha and the previous Chief Justice to give hard time to MR and send him home. But what happened. UNP will not coming to power for next 10 years Upul. So try to focus on your job and try to earn a living. I can give you a sound advice. Find out INGO’S or NGO’S whom trying to change the present regime and you can make good money by represent them.

    By the way the Road construction expenses already submitted to Parliament and because your friend like Harsha, Ravi,and Mangala’s request. Now they are not making any noise in Parliament of the above subject, because they knew what’s happened. Maybe you better refer previous Hansard reports.

    • 3
      8

      Everyone knows Upul Jayasooriya is an anti-SLFP and anti-nationalist from the word go. Naturally then, the bugger is anti-Rajapakse to the core. So, he wouldn’t miss an opportunity to give a dead rope or collude with any political ass (ex-CJ) who aim at regime change. These kind of rouges are so engrossed with their spoils, they are clueless what interest the majority in this country.

    • 0
      1

      Who is this [Edited out] Jayasooriya. I presume another hopeless UNP Junta crying for his bread and butter. Layers are to me like Ells with a double coated of grease on their bodies. Simply no feeling for poor souls in this country.

      Where was in [Edited out] when LTTE was running a muck in this country for 30 odd years. Too busy feeling his kitty by splitting his heir. I have no a pinch of respect for people like this idiot.

  • 7
    2

    These words will, as usual, fall on the deaf ears of the gullible Sinhala electorate who will continue to support this dreadful Rajapaksa regime until the country is economically destroyed. Then only they will wake up and see that is is too late to do anything about it as the regime would have become totally dictatorial by then. It is therefore imperative that the educated and democratic forces in Sri Lanka ensure that the UN/UNHRC is given the powers to monitor and censure the regime.

    • 0
      0

      Pyrana

      This is called democracy my friend. If people vote for the regime, what can you do man? MR has done a lot of the country than any other president ruled this country. People’s mandate with MR than with blood sucking LTTE terrorist support like you my dear.

  • 9
    1

    Upul Jayasuriya

    You write “They must not make the mistake that the intellectual society of this country are not gullible and ignorant.”(error in diction excused)

    Upul it is not a matter of ignorance or gullibility. Fear is the key. MR has hold on a leash of all the fear making machinery that he can unleash any time any day with total impunity. He has the armed forces, he has the police, he has the judiciary, he controls the mass media, and he can unleash the dangerously shadowy figures of Mervin, Duminda or the barking thug Gnanasara, not to mention the white van which is always lurking down the road. Any soul in Sri Lanka who will stand up to the Rajapaksa brothers is foolhardy and doomed indeed.

    I believe, the absence of protest is due to fear ruling the streets of Sri Lanka and not due to the gullibility and the ignorance of the intellectuals or the masses.

    • 4
      0

      BBS Rep ,

      “I believe, the absence of protest is due to fear ruling the streets of Sri Lanka and not due to the gullibility and the ignorance of the intellectuals or the masses. “

      up to a certain point its true , but majority of the SL masses belongs to ” what can i get ” attitude , take Rathupussllawa for an instance , vast majority of the population belongs to Gampaha electorate , where Mervin silva contested and handsomely won , if inquired , most of voters would say that Mervin silva was instrumental in banning cattle slaughter and upgrading the local road network but at the same conveniently & selfishly forgetting the immense, irreparable damage he has caused to the society at large !

      even after the day light waliweriya massacre ,guaranteed, there are people waiting to vote for the very same people who shot at them , for a mere exchange of gifts or any sort of personnel favours , a classic example , PS chairman “Saruwa Sunil ” who molested and raped a little girl , the very same little girl’s family relatives and friends had gone an extra mile to organize a protest rally and demanded the immediate release of their PS chairman , reason ? mere Rs 500 was waiting for every participant !!!

      conclusion : 60% of the SL population is deaf, dumb and selfish !

      • 3
        0

        Agree with you here without any doubt.

        “conclusion : 60% of the SL population is deaf, dumb and selfish !”

        I would even see it is over 60%. People have a gentic disorder not to grasp it even if they become raped victims of the ABUSIVE Rajapakshse.

        • 0
          1

          Majority of SL population are not stupid as many of you silly commentators think. Almost every household in SL has a TV, radio and every person has a hand phone. So, the people in SL could read and perceive what’s going on around the world.

          Arab countries may have needed protests to taste multi-party democracy for dictators rule them. But we shouldn’t forget that that’s the Arab culture. We in Sri Lanka on the other hand have had the universal franchise since 1933. We have hundreds of political parties since independence. We have thrown out governments and elected new ones at many a election since. What I am trying to say is only stupid and the desperado minority anticipated regime change by ‘Arab spring’ like protests. It’ll never happen here because that’s not our culture and majority are against it.

          Mrs B had postponed elections by two years through her new constitution. JRJ had postponed the general election by six years with lamp and pot trickery. But under MR, we are experiencing a democracy where elections are held even before due dates.

          Hundreds of politicians from various political parties contest every one of these elections. Some of the contestants are openly anti nationals. Everyone those contestant tells us even crazy things to attract our vote. They do this through meetings, through TV, through radio, through www, through SMS and etc. Mind you, we have tens of private TV channels, FM radios, journals, papers, web sites in all three languages. In fact, there are more phones in SL than its population. Some contestants go so far as to handout gifts at their meetings. They all fight to serve us. So who says there is no democracy?

          In short there are opportunities and media freedom to pin point short comings of MR and his government. And the opposition do that with gossips and lies with sweeteners every day and the day after. But every opposition party is squarely beaten at every election. Why.

          Lets face it. We had a separatist war for the last thirty three years. During that time, human-bombs had blasted our trains, buses and public places routinely. Men, women and children and even babies were killed on daily basis. So, every former President was compelled to fight the terrorists. They fought their wars in their own style. JRJ invited parippu and got down the IPKF. Premadasa thought differently and gave money and arms to LTTE for them to fight IPKF. Ranil W tried to do it with a peace agreement on the advice of the neo-cons. But they all failed miserably and LTTE killings continued. Only MR could defeat LTTE squarely and ended the 33 year war.

          Needless to say people have faith in him for there is peace there is development and they could travel every inch of the country in one piece. People want stability not neo-con Camaron’s investigations.

          • 1
            0

            we cant expect more from born abusive ones like you. As some thuggish prominent figures of the country do, you do your job all along.

            Exchanging with you is like talking to Mervin or even Gommanpila (going to be MERVIN)- they just argue with word-play leaving all the facts and figure aside (even facts and figures based on prima facie kind). Shameless Mervin is used to dipict almost injustice by Jathaka katha… but we know those Kathas are just stories. How can we apply them to our day today realities ?

            In a country where yours are the majoirity, to live or even breath in during my vacation is a curse for me. I only wish the country to be free from Rajapakshes for future sake. Where Rajapakshes are not there, human developments will be there.

    • 0
      0

      Gentlemen
      Look no further than the ‘House of Cards’ Trilogy (BBC series) to understand how political games are played in pursuit and retention of power. I found uncanny similarities in the tactics used here to those evident to all those in Lanka who abhor the MO of the current, utterly contemptible regime…soon may it give way to another that will take us on a better path….

      http://en.wikipedia.org/wiki/House_of_Cards_(UK_TV_series)

  • 7
    1

    Courageous Upul Jayasuriya, I salute you for the courageous acts of standing up for the illegal sacking of CJ Shirani Bandaranayake, for highlighting corruption magnitude of which is unheard of, It is the members of the Bar and Judiciary who are able to wake the professionals, trade unions, civil society and most of all the women of Sri Lanka from their deep slumber. May your precious life be protected from harm. Another thing please get Sinhala and Tamil translations of this speech pasted on every coconut tree, every Thal tree and every jak tree for the people to be informed.

    • 0
      1

      It was your madam Chandrika who employed thugs like Baddegane Sanjiva as her chief bodyguard cum leader of her hit squad. Remember, it was Sanjiva who killed satana editor and many others who opposed her government at the time and also harassed Chandraleka and rukantha in front of their children for petty hatred.

  • 4
    2

    Mr.Upul Jayasuriya -BASL President,

    Martin Niemoller said……..”First they came for the Socialists, and I did not speak out– Because I was not a Socialist. Then they came for the Trade Unionists, and I did not speak out– Because I was not a Trade Unionist. Then they came for the Jews, and I did not speak out– Because I was not a Jew. Then they came for me–and there was no one left to speak for me.”

    THIS IS THE SAME GAME THAT RAJAPAKSE DICTATOR PLAY TODAY IN SRI LANKA.

    What I suggest is, this is the best time to bring all these Rajapakse dictator’s corruptions IN FRONT OF GENEVA UNHRC.

    IT WAS PRESIDENT RAJAPAKSE WHO FIRST WENT TO GENEVA UNHRC IN 1988/89 TO ACCUSE THEN RULING UNP ON HUMAN RIGHT VIOLATIONS.

    THEREFORE WHY DID YOU NOT BRING ALL THESE ALLEGATIONS TO THE ATTENTION OF GENEVA UNHRC THIS YEAR.

    Did you or any of your BASL members brought these allegations and corruptions to the attention of UNHRC.

    HOW COME WHEN A FEMALE Ms.Nimalka Fernando went to Geneva UNHRC to talk about her grievences and you did not do so.

    How come Rauf Hakim handed over 50 page report to MS Navi Pillai when she visited Sri Lanka last year and you did not do so.

    How come Ananthi went to UNHRC to talk her family and her tamil community grievences while you did not do so.

    Please read the following web and listen to the video clip.

    http://www.tamilnet.com/

    When both Tamils and Muslims are representing their communities in Geneva UNHRC, you lawyers who are supposed to safeguard Oppressed and supressed people by decree, stayed away from representing them in UNHRC.

    Please read the following web.

    http://www.smh.com.au/world/sri-lanka-cancels-rights-lawyers-visas-20131108-2x7cj.html

    http://www.lawyersweekly.com.au/news/lca-condemns-sri-lanka-s-worsening-rule-of-law

    It is no point going around the bush beating when you see the mouse is hiding somewhere else.

    Don’t you think it is a disgrace to your BASL, YOU AS PRESIDENT who have a membership with over 10,000 members cannot fight with just THREE CLOWNS.

    SHAME ON YOU AS A SINHALESE AND YOUR BAR ASSOCIATION.

    BOTH YOU, YOUR BAR ASSOCIATION AND THE OPPOSITION UNP PARTY ARE IN THE SAME BOAT.

    Channel 4 Macrae did a better job than ALL OF YOU single handadly when he visited Sri Lanka at CHOGM.

    Same with Jaffna Tamil Lawyer cum MP Sumanthiran who is doing a wonderful job for Tamil people.

    You have to go head on offensive, if you plan to safeguard and defend our human rights.

    YOU STILL HAVE TIME TO SUBMIT YOUR HR REPORT TO UNHRC TO MAKE YOUR VOICE HERD AND TO INCLUDE IT IN THEIR RESOLUTION.

    Mr.Upul Jayasuriya,

    Please submit a copy of your letter to UNHRC ASAP and let us know if you did so.

    Please make sure that the same fate happened to Natzi German intellectuals will not happen to You, your Bar Association and to us citizens.

    Awaiting your reply.

    • 3
      0

      Jayantha ,

      i agree with your sentiments , Upul Jayasooriya is rather concern of his own safety and the regime’s wrath towards him , more than any thing else.

    • 0
      0

      Jayantha,
      Today, UNHRC is all but Human rights. Actually its a tool for the neo-cons to manipulate and control third world countries that goes out of line.

      For example, everyone knows that the US drone attacks has been killing thousands of civilians in many countries. Pillay cries for war crimes in Sri Lanka but is totally silent about the killings by the US.

      When Pakistan moved a resolution against the US for killing its civilians by drone attacks, the US declared it would boycott the UNHRC if the resolution is brought against it. What more proof you need to show hypocrisy by UNHRC?

    • 1
      0

      Jayantha:

      Your comments are very appropriate. It has been said that the curse
      of S.Lanka has been the deafening silence of Sinhala intelligentsia.

      Upul has taken the timely opportunity to cast these remarks thinking
      it will be picked up by the UN, safe-guarding himself form being white-
      vanned.
      What has he done to move the Commonwealth Lawyers Society in respect
      of local Judiciary and its nefarious activities?

  • 2
    1

    Upul Jayasuriya, BASL President of Sri Lanka  starts the article…

    “Bar Association of Sri Lanka is a body completely apolitical..”

    Is there anything apolitical in this world, Upul the president BASL? 
    It’s only people who has no understanding of mechanics of the world affairs say we are a body COMPLETELY apolitical … Simple Simons have better understanding about the world …

    This black coat president talks big about ‘World Justice Project’,  ‘Rule of Law’ , ‘Aristotal’, ‘Martin Niemöller (1892–1984)’ and quote
     [‘I shall quote from Former Chief Justice of Maha Bharatha His Lordship Chief Justice Altamas Kabir, barely 24 hours ago. “It is the duty of the legal fraternity upon its Corporate Socio Responsibility to give something back to the society in return for what we have been benefitted. Issues of Public Interest should be in the foremost in the mind of a practitioner.”]

    Respectable high morale Upul quote about ‘giving something back to the society’ … But, record is far far away from that … These blackcoats are sucking everything possible from the general public in Sri Lanka … Anybody who has any experience dealing with law  knows how the public is exploited by the judicial system in Sri Lanka … Postponing simple court cases for years, favorite lawyers of judges, bending judgements collaborating with judges are very live topics among the general public … Poorest of the poor in the country are the at the receiving end of these injustices of the system … Lawyers collective, bar association are deaf to these concerns about the public … There is no institution in Sri Lanka as  foreign as  Judicial system in Sri Lanka to majority Sril Lankans who live in villages …

    They just talk about corruption using ‘high ways’ like uneducated guys … These collective  powerful lawyers should deal with the corruption as professionals … Have a solid case guys .. I’m with you as a concerned citizen .. But your loose talk has no value … Build up a ONE case solid about corruption without beating the bush … Or just accept you guys have no say in day to day affairs in Sri Lanka .. You are the most suitable association to fight corruption PROFESSIONALLY … Use the real professional law brains … Don’t behave like simple modayas … 

    Upul ends up 
     “…Therefore let us learn from these mistakes and ensure that we the intellectuals in Sri Lanka … “

    We intellectuals!
    Oh! My foot ! …. 
    There are many ways to have miserable life in Sri Lanka …
    Sure one is to file a very very simple court case using a lawyer … Your misery only end up at your dying … Not before …

    “Dates” is the sweetest word for this tie/coats … ‘Dates’ means the postpone date and you definitely know the new date is the future postpone date … All these dates are the dates fo sucking blood (money) from these innocent poor people … Working few hours a day (10am to 1pm) with no worthwhile contribution to the economy of this country, these legal types are a curse to this country … Constitution says people are supreme … No, definitely not … These legal types are the SUPREME … Real people die in courts … These tie/coats should frame following report and hang on in their offices for their happiness … People of this country including the President should be ashamed to have a court system which drag cases for 29 years … These are real problems of people who are supposed tobe supreme under the constitution …   

    Island on 08/12/12 reported a case like this …  

    “She fought land case for 29 years Woman dies in Court December 7, 2012, 9:40 pm   By Chitra Weerarathne  A lady who had been litigating in a land dispute for 29 years, collapsed in the Court of Appeal yesterday, while awaiting her case to be called.  The deceased N. K. Badrawathi (63) of Parakaduwa, Ratnapura had gone through a District Court case in Avissawella for 17 years and had won it. The defendant party had appealed to the Court of Appeal and the appeal had been listed for hearing since 2000.  While in the court room yesterday, the woman collapsed and she was rushed to hospital by ambulance. She was pronounced dead on admission. Doctors said she had suffered a heart attack.  Her husband, a retired military officer, D. Dayatillake Fernando, was with her in the Court when she collapsed.”  

    Non political Upul and his association should immediately attend to these problems of legal system if they really want to ‘give something back to the society’ rather than helping outsiders to make Sri Lanka like Iraq, Libya, Egypt, Afghanistan ….

    Ofcourse that is politics Upul … But it will give something back to the country which gave free education to all of you guys from kindergarden to university …

  • 5
    0

    “Then they came for me–
    and there was no one left to speak for me.~゜・_・゜~ 

    Sick As Sh*t – Sleeping It Off – Short-Order Chefs,
    ▂▂▂▂▂▂▂ ▂▂▂▂▂▂ ▂▂▂▂▂▂▂ ▂▂▂▂▂▂

    Shit and Get – “Oh Shit!”,

    SLEEP ON THE RAILWAY LINE AND BLOCK THE CARGO

    Shit and Get – “Oh Shit!”,- BASL- LEAD THE WAY”!

    TAKE THE NATION FIGHT FOR FREEDOM”NO FEATHERBED”!

    |||||||||||||||||||||||||||||||||||||||||||||||||

  • 3
    2

    Is Mr Upul Jayasuriya a man with integrity ? Is he is he should go out and fight the government as a UNP supporter instead of using the bar association which is not a political organ. In the same way MR has politicized every public institution in the country for personal agendas Upul Jayasuriya has now politicized and lowered the esteem of the bar association. He came in on the issue of the former CJ on which most right thinking lawyers were agreed as lacking legal justice.But now Upul jayasuriya is challenging the duly elected government on every issue including envionmental issues which are now before court.His closest allies in this effort are the JVP and extreme unions .The bar association is now in general politics.How can such men be considered honourable lawyers ?

  • 4
    1

    what rubbish is this…how can an association such as the Bar of any country be completely ‘apolitical’? This article is full of other such misnomers.’We in the BASL passed resolutions, we issued press releases, we did every thing within our means.’ To his mind, writing and passing resolutions is ‘doing everything within our means.’!?

    Without writing rubbish and issuing resolutions which are of no point, why can’t Jayasuriya actually mobilise the Bar?

    But he is doing the opposite. I saw in the Mirror recently that the National Law Conference is going to be presided over by the Cheap Justice and hosted by the bar association under his leadership! Shame! Big talk and no action. What a joke!

  • 1
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    Yes Upul you are right and the practice in Sri Lanka in providing justice must change for the benefit of the common man, anybody deserving justice. At least you realized it at this time. What happened to your same Bar Association at the time Politicians started ruining the Country with big violence, killing and looting. Was any of those victims compensated? Did you take any of those responsible to courts and get the situation corrected? For how many years the Bar Association slept on criminals who started the pogroms. Did you all think at that time it was legal to bash the minorities. Unfortunately the pogroms of yesterday have snowballed to be well noticed by the whole world today. As Bruno says by bringing up this today at this time you are opening the gates wide for the whole world to walk in and making the whole exercise of the rulers ruined!

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    Only a dumb and blind would believe this bugger (Upul Jayasuriya) is apolitical. Just talk to him for one minute; you’ll notice everything under the sun is political for him. The bugger will overlook all the ethics in law journals and project white as black and black as white if it that’s the way he could make a big buck. This is not to say he is a smart lawyer.

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    There is only one arm of Sri Lanka’s government that Mahinda fears. That is the Army. Is that an option for regime change? The consequences would be far worse? Outside government, he fears being voted out. For that, it is the people who need to be educated on the need for right and lawful governance. Get ready for the long haul.

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      He got rid of one Tiger but he has got onto the back of another (the military) and dare not dismount.

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      Wickremasiri,

      You say…….”There is only one arm of Sri Lanka’s government that Mahinda fears.That is the Army.”

      I think the main arm Mahinda fears is the PEN.

      He is feare of truth to come out.

      That’s why he murdered 11 Journalists and made over 100 to flee Sri Lanka, burned newspaper Printing presses, burned TV stations, burned reporters Internet service stations, curbed all newspapers and TV stations from publishing truth, restricted foreign Journalists, reporters, TV reoprters and Lawyers coming to Sri Lanka etc,etc.

      Please read the following web.

      http://www.smh.com.au/world/sri-lanka-cancels-rights-lawyers-visas-20131108-2x7cj.html

      http://www.lawyersweekly.com.au/news/lca-condemns-sri-lanka-s-worsening-rule-of-law

      Anyway truth will come out one day. You can hide but you can’t run from reality.

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    What pathetic fools! Indirectly supporting the efforts to break up their own country by repeating the propaganda of the separatists. Some at-least receive dollars for propagating the lies what would this fool gain by this?

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    It is to be appreciated that an effort has been taken to invoke sanity in a country which has virtually lost everything.

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    Upul, if Bar association stood firm for a free and fair society , we wouldn’t have faced the Dior situation we have faced right now. However it is good news you are going to do something about that at last and all the best.Keep your organisation apolitical to the maximum as we need some one to look after the interests of the country also.

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    HOW COME THIS WRITER SAYS BAR ASSOCIATION IS NOT POLITICAL. THE WRITER HIMSELF IS A UNP’ER AND CONTESTED FOR UNP.THESE GUYS ONLY HAVE A VISION TO DEFETE RAJAPAKSHA NOTHING ELSE.

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    Mr.Upup Jayasuriya-BASL President

    During the hight of the LTTE war all of us country loving patriots who live in the West, toiled in Western streets holding Boards and Sri Lankan flags protesting LTTE atrocities and murder that were going on in Sri Lanka, gathering International support.

    We were so happy and celebrated when finally our soldiers won the war.

    We thought that there will be permanent peace in Sri Lanka after the war.

    But to our sorrow and frustration the peace did not come as we predicted.

    It was purely due to President Rajapakse’s blundar,stupidity, moronic attitude and lethargic behaviour, that Sri Lanka was dragged to face another UNHRC resolution.

    He should have implemented LLRC without any problem with the powers he had. But he did not do it.

    He should have implemented some form of 13th amendment after compromising with parliament members and TULF. But he did not do so.

    This is the President who Jailed Gen.Sarath fonseka in ONE WEEK AFTER HIS ARREST USING HIS PRESIDENTIAL POWERS.

    This is the President who impeached CJ Shirani Bandaranayake in TWO WEEKS USING HIS PRESIDENTIAL POWERS.

    IF SO WHY HE WAITED FOR FOUR YEARS WITHOUT IMPLEMENTING LLRC AND WITHOUT SOLVING THE TAMIL PROBLEM.

    PRESIDENT RAJAPAKSE BEHAVED AS SRI LANKA IS HIS MOTHER’S PROPERTY.
    He forgot that thousands upon thousands of Sri Lankans who live abroad helped him in this struggle. Also so many soldiers sacrificed their lives and limbs and their families and all the citizens for this struggle.

    HE THOUGHT ONLY HE AND HIS FAMILY LIBERATED OUR COUNTRY.

    IT IS TIME FOR ALL SRI LANKAN PATRIOTS TO UNITE AND IMPEACH PRESIDENT RAJAPAKSE FOR…….

    1)BRINGING DISGRACE TO OUR COUNTRY IN FRONT OF THE WORLD.

    2)WASTING OUR VALUABLE FOREIGN RESOURCES, VALUABLE TIME,PERSONNEL AND MONEY FOR UNHRC, WHICH HE COULD HAVE EASILY IMPLEMENTED LLRC SO EASILY WITH ALL THE POWERS HE HAS.

    3)WASTING OUR FOREIGN EXCHANGE ON INTERNATIONAL LAWYERS, LOBYING FIRMS, FOREIGN ADVERTISEMENTS, BRIBING FOREIGN GOVERNMENTS AND WASTING FOREIGN EXCHANGE ON FOREIGN ADVISERS, CONSULTANTS AND EXPERTS.(An impartial audit should be conducted)

    4)WASTING OUR FOREIGN RESOURCES ON FOREIGN SENATORS, MPS, CONGRESSMEN, ETC,ETC.

    5)LOOSING EU GSP STATUS AND LOOSING OTHER BUSINESSES AND FOREIGN INCOME.

    6)LOOSING JOBS DUE TO LOOSING GSP STATUS DUE TO NOT IMPLEMENTING LLRC BY PRES.RAJAPAKSE.

    7)BRINGING HUMILIATION AND LOOSING SRI LANKA’S REPUTATION INTERNATIONALLY.

    8)CREATNG COMMUNAL,RACIAL AND RELIGION DIS HARMONY WHILE NOT SOLVING THEM.

    9)ALL OTHER LOSSES SRI LANKA FACE TODAY DUE TO NEGLIGENCE AND STUPIDNESS OF PRESIDENT RAJAPAKSE.

    Therefore I kindly request to the Bar Association of Sri Lanka, or any other organization or Institution or Citizens committees to bring a LAWSUIT AGAINST PRES.AJAPAKSE AGAINST ALL OF THE ABOVE CHARGES.

    This is he who messed everything and he is responsible for it.

    Please let me have your views and comments on this COMMENT.

    CT Please publish this in the International media with full exposure.

    Thank you.

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    BAR Bull in the Ring Syndrome – Crony Crow”!

    [Edited out]

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    Educate your magistrates about new environmental law and illegal garage operation.

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    Upul Jayasuriya is organizing public meetings which are filled by NGO supporters. His theme is that there is no rule of law under the Executive Presidency system which is undemocratic and that there is tremendous abuse of power and corruption all around . Those who followed his career and know Upul Jayasuriya well will be amazed that he is against corrution and abuse of power !
    Among Upul’s associates in these campaigns [Edited out]

    Part of this comment was removed by a moderator because it didn’t abide by our Comment policy.For more detail see our Comment policy https://www.colombotelegraph.com/index.php/comments-policy-2/

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    It is a pity to note that majority of the comments sent in does not direct at the contents of the article but the author. It is typical of Sri Lankans to miss the point and later repent. £Yanne koheda malle pol” God bless Sri Lanka. Guys try to read the points mentioned in the article understand without running behind irrelevant.

    DO NOT BE PENNY WISE POUND FOOLISH.

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