7 December, 2019

Blog

The Safety Of The 43rd Chief Justice

By Jayantha Dhanapala  –

Dr. Jayantha Dhanapala

The Friday Forum is gravely concerned about the security and well being of persons who have taken positions regarding the impeachment contrary to that of the government, and continue to do so. These comprise judges and other state officials, lawyers, various civil society groups and individuals.

The right to hold and to peaceably express different opinions, and to act lawfully in furtherance of them, is basic to a free society and must be respected not only by all organs of state but also by every member of the community. The fear now is not merely of possible public vilification, discrimination and victimisation but also of danger to personal security. Several lawyers, including those who appeared for the Chief Justice in the Parliamentary Select Committee inquiry, and two of our members, having received death threats have notified the law-enforcement authorities.

Last but not least Friday Forum also expresses its deep concern about the safety of the 43rd Chief Justice of Sri Lanka Dr Shirani Bandaranayake, regarding whom the Parliamentary Select Committee’s proceedings have been held a nullity by the Supreme Court, and who is regarded by many, including distinguished lawyers, as continuing to be the Chief Justice.

Eating of ceremonial kiri buth (milk rice) on the public road outside her official residence, with Ministers of the Government reportedly participating | Photo Vikalpa/CPA

Whatever different opinion others may hold on Dr Shirani Bandaranayake’s present status, it is vital that adequate security be ensured for her and her family. In this context we view with shock and abhorrence the campaign carried on against her by the state-controlled media while she was indisputably the Chief Justice and facing the inquiry by the Parliamentary Select Committee. We likewise view with shock and abhorrence  the facilities enjoyed by crowds to demonstrate against her outside Parliament and elsewhere, the contrasting interference with the right of persons critical of the impeachment to peacefully demonstrate in expression of their views, and the disgraceful spectacle of lighting crackers and the cooking and eating  of ceremonial  kiri buth (milk rice) on the public road outside her official residence, with Ministers of the Government reportedly participating, and the failure to ensure her a dignified and peaceful exit from her residence the following day.

Eating of ceremonial kiri buth (milk rice) on the public road outside her official residence, with Ministers of the Government reportedly participating | Photo Vikalpa/CPA

The impunity and indeed official sanction with which all this was permitted to take place raises in us serious apprehension as to the future safety of this family. The responsibility of ensuring its security, as also that of the legal professionals, activists and others we have referred to earlier, falls fairly and squarely on those wielding political and governmental power. The Friday Forum urges all concerned, including the law officers of the state, to act with responsibility and impartiality at this important moment of our country’s history.

Jayantha Dhanapala

On behalf of Friday Forum, the Group of Concerned Citizens

Jayantha Dhanapala, Rt. Rev.  Duleep de Chickera, Shanthi Dias, Dr. Upatissa. Pethiyagoda, Anne Abeysekara,  Faiz-ur Rahman,  Dhamaris Wickramasekera, Dr. Selvy Thiruchandran, Rev. Dr. Jayasiri Peiris, Tissa  Jayatilaka, Javid Yusuf, Manouri Muttetuwegama, Dr. Deepika Udagama,  Professor Arjuna Aluwihare, Dr. A. C. Visvalingam, Dr. Devanesan Nesiah,  Suriya Wickremasinghe,  Lanka Nesiah, Ahilan Kadirgamar, J.C. Weliamuna, Dr. Jayampathy Wickramaratne,  Sithie Tiruchelvam,         D. Wijayanandana, Ranjit Fernando, Danesh Casie Chetty,  Chandra Jayaratne,

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    Sadly, we have lived to witness the day the country’s best known international civil servant had to make plea for security of the country’s chief justice, who was also supreme court judge for 16 years.

    It reflect on our collective death.

    Each of us individually are impermanent,we know. Our permanence, if there is any such thing, is in our institutions. We could think of our children,meaning everybody’s children as safe, so long as we could believe, we have institutions that will outlasts us.

    It appears that we cannot even have that consolation.

    May I thank Dr. Danapala for coming forward to support CJ, at this time.

    Mike

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    “We likewise view with shock and abhorrence…” writes one of our most respected sons – on behalf of a group of concerned and decent citizens of learning and civic responsibility – commenting on the waves after wave madness the country is forced to suffer. The irony is, events today have so confused the average citizen even those many days of continued protest, tear-gas and physical attacks by the army and Police on the students surrounding the FUTA issue recently are forgotten to give way to the latest “shock” JD’s colleagues will doubtless recognise these “shocks” are part of a scheming clique calculated to divert the attention of the yakkos from the pains of daily living. A few hundreds of drunk, drugged underworld dregs are fed and paid by Govt high-ups of the same ilk to prop up a collapsing regime. “Enemies” are discovered to sustain their ire and hatred that turns into crass rowdism. The next round of “shocks” will be to create another 7/83 on another minority community and thereafter a more raucous one against the UN, Navi Pillay, the residue of an imagined Tiger fear, the Tamil diaspora etc., What a way to run a Govt that came in fooling the people that it will be nothing but milk, honey, thora malu and kukul muss. We must be the most shameful suckers in the entire planet.

    Senguttuvan

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      Senguttuvan

      Is this the same Dhanapala who was spinning from the government Peace secretariat?

  • 0
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    Thank you Friday Forum for your forthright opinion on the grave dangers and injustices being orchestrated by the government through its goons against the anti-impeachment defenders which is of grave concern for all freedom and democracy loving Sri Lankans. In the same breadth it is perhaps pertinent to note that we live in a Pariah state and as such it begs the question if whatever worthy opinion as voiced by the Forum can leave any salutary impact on those callused minds that matter.Hence it’s only a record of anguish and dismay over what’s happening in our beloved country by its right thinking people.

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    Isn’t it the duty of the judiciary to protect the past Chief Justice? When even the newest member of the parliament is given security, why shouldn’t the past Chief Justice get the protection she needs. So first it would be the fault of the new Cheap Justice as the past Chief Justice is a past employee who should have protection. Further, if she is not protected and she is harmed then it would be the fault of the President as well as he is the head of the country.

    • 0
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      To place the responsibility on his head should not be envisaged, as
      a person of this callibre, who is alleged to have murdered his first
      wife, sat through Rizzans beheading and commanded the killing of 40000
      +/- of its own citizens in 5 months, harming an opponent is nothing!

  • 0
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    When the govt killed 70,000 tamils in May 2009, the same thugs prepared kiti-bath and lit crackers on the streets of Colombo

    • 0
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      You mean 70,000 torrorists?.

      • 0
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        Hews,

        70,000 innocent Tamils===children, women andelderly.

        This number does not include LTTE cadres who were designated by some western nations as “terrorists”, and because of this many nations provided asistance for the war.

  • 0
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    I am certain this group of learned individuals are acutely aware that this is more a placing on record for those who may look back in future, than an expectation this request/appeal would be given a hearing, if the powers that be had made up their minds to do otherwise.

    From their own series of requests/appeals that started at more systemic nature, it is evident that the requests have now become of the sort, which they would not have expected to make in their life times and extremely rare in modern societies (to make appeals to the state for the personal safety of a CJ).

    Just like what happened in the SC on 21st (the 3 bench requesting AG to obtain the opinion from the de facto CJ on his own case) and the involuntary disappearance of the fundamental rights case by CPA on 15th Jan, this request by itself a clear indication of our present state of affairs….we have to plead with the powers that be not to personally harm our 3rd citizen of the country…are we still part of civilisation ?

  • 0
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    Since Sri Lanka is a banana republic ruled by a dictator and his family, the security expert of the family has the final say as to whether security be provided, thugs unleashed or abduction by white van.
    When security is withdrawn it is quite apparent under whos orders this happened. Then we can discern the mind of the dictator and his family, full of hatred and malice.

  • 0
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    A very good reminder. We have to keep in mind that intimidation on the independent judiciary won’t step there, because the purpose of such intimidation is to arrest the free conscience of the people. We can see it already happening starting from the lawyers and human rights defenders. Voters, if you think that it would stop there, by the time it reaches you, nobody will be left to talk in your defense. Such catastrophes have happened in the human civilization not so long ago. I write this in my own name Thrishantha to give an example that we do not surrender our civil liberties in front of political thuggery by the very people we elected.

  • 0
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    If we want to clean this place it should start with the B/Priests, who were the barking dogs for all politicians

  • 0
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    The Call of Men of Letters

    “Even if you incur the wrath of the armed forces, do not enlist the displeasure of men of letters”. So said a renowned Tamil poet, nearly 2000 years ago. The latter entity encompassed the learned, the intellectuals and the writing fraternity. The power of their written word is so potent , that armed might will only scamper away was what the poet conveyed so lucidly. In Sri Lanka, the Friday Forum will make an impression on the readership but will the powers that be take note?

    In countries where law has fled before insolent might, the indomitable yet sustain the fight with their old fire. The media, the interactive fora and the bloggers, display defiance still. The Friday Forum is one among them. The CT is another. Of the contributors Kumar David and Tisaranee Gunasekera exhibit consistent courage. Ground Views too has made its mark. Among the Parliamentarians, Eran Wickremaratne and Sumanthiran are two. Smallness in numbers need not be disquieting. Virtue is always in a minority, said Robbespierre.

    What may be seen in recent times is an outpouring of resentment at the intolerable transgressions and travesties. Strewn about are embers, at times burning and at times dying. They do not make a fire. If the volcanic eruption can be canalized to a single purpose the foursome can hardly withstand. What is the purpose? A new regime with an altruistic ethos. Singapore is testimony to one man’s single mindedness pursued with steadfastness.

    In recent times CT has given a platform for frank expression. Scholarly contributions have been a welcome feature. Their discursiveness is a failing. Some write out of an inner compulsion and some from anger. Yet others wishing for a snowball end result.

    Editorial direction segmenting the themes for writing can be purposeful. Nero retraced when depleting coffers stood against wastefulness. No retraction at Hambantota or in the country. If students of history can draw comparisons, how edifying they will be. Present day extravagance making Marie Antoinette look frugal will incense the country. But authentic exposition is necessary. In a comment was a fine quote, a nation can be enslaved either with the sword or with indebtedness. Writing extensively on the Rs. 6.2 trillion public debt with an year on year increase of 23% in 2012, from an economist’s perspective can be instructive. Sri Lanka’s turmoil of 1953 and the unstoppable upheaval to be of 2013 bear comparison when shown from a socio – economic angle.

    A beginning can be made if CT can solicit themes from the readership and the contributors. Dedicating a fortnight for a theme can make for well organized ebb and flow that would make a powerful impact.

    • 0
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      Dear Chanakyan,

      You wrote/quoted “Even if you incur the wrath of the armed forces, do not enlist the displeasure of men of letters”. So said a renowned Tamil poet, nearly 2000 years ago…. The power of their written word is so potent, that armed might will only scamper away was what the poet conveyed so lucidly. In Sri Lanka, the Friday Forum will make an impression on the readership but will the powers that be take note?”

      I would think not!

      Unfortunately the wise words of the renowned poet hold no water in the current context. The power of the written word is potent only to those who understand it; but in a situation where armed might has become right, words are but casting pearls before swine.

      If we write what we write with hope an expectation that that the powers that be would do a volte face, then we might as well wrap up these columns and call it a day. However in the hope of an English speaking God taking pity on us let us continue to write!

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

  • 0
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    It is fools like GANANDRA who extend the lives of these thugs.DID GANENDRA COUNT THE NUMBER IF SO DID HE COUNT THE NUMBER SLAUGHTERED BY THAT MEGALOMANIAC PRABAHAKARAN.THE TAMILS DIED AS HE DID NOT ALLOW THEM TO LEAVE AND USED THEM AS A HUMAN SHIELD. DID THE SINHALESE INNOCENT VILLAGERS DIE DUE TO SUCH REASONS.GANENDRA THE MORE DONKEYS LIKE YOU ACT IN THIS WAY THE MORE JARAPASSAS WILL STAY.

    Dr Jayantha Dhanapala the well recognised int’l civil servant must bring the state of the country to the notice of the civilised heads of state whom he will know personally.The first is to get them to act with action not words and bring about sanctions.The world must be told that a buddhist womaniser of repute SARATH SILVA AS CJ, acted against the law and kept ladders for pole vaulters to effortlessly jump and continue in their seats and scrounge on the tax payer.THEY HAVE NO MORAL RIGHT TO VOTE MERELY BECAUSE M R PURCHASED THEM.M R ‘S 18TH AMENDMENT TO CONTINUE TILL HE DIES AND PASS TO HIS SON THE SYNTHETIC LAWYER AS S.L.GUNASEKERA CALLED HIM, IS UNACCEPTABLE TO THE COUNTRY AS THOSE WHO VOTED DID NOT HAVE THE WILL OF THE VOTERS.
    THE INTERNATIONAL COMMUNITY MUST PRESSURE THIS CORRUPT HEAD OF STATE TO HAVE ELECTIONS AND SEE WHAT THE PEOPLE HAVE TO SAY.

  • 0
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    Lankans eat Kiribath on happy occasions and to celebrate good things.

    Their perception on this occassion is that another villain or an obstacle to their freedom and impending prosperity has been eliminated.

    These elites haven’t learnt the phsyce of the great majority of the inhabitants who are the rural poor.

    Calling them uneducated ,yakkos and aligning with the other villains both local and oveseas are not going to help to connect with this majority.

    Although these Elites think they are the smart sophisticates , they seem not up to speed with modern but bsaic tools in politics such as public opinion polls,

    Throw in the key words, like Navai Pillai, Rudrakumaran ,Sambabdan. and now the ex CJ are see what the reaction is among the rural poor.

    Connecting with the majority and understand their phsyce and peceptions and working on a theme which is acceptable to them is the only way these Elites can have any hope of getting in to Govt.

    Unless these Elite are totally focussed on their plan A which is social upheaval and British Canadian Intervention.

    Why do you think our Ranil has gone cold turkey?.

    He knows that it is HaraKiri to be even seen with you in your current form.

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      K.A Sumanasekera

      “Calling them uneducated ,yakkos and aligning with the other villains both local and oveseas are not going to help to connect with this majority.”

      I don’t take too kindly to those who call those majority of the people as uneducated yakkos. We cannot allow a handful of educated stupid people to insult rest of the very stupid people.

      On this occasion I am right behind you.

      You can count on my conditional support to you is based on issue by issue approach.

    • 0
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      Sumanasekera:
      You and your hero, Ranil, are two peas in the same rotten pod: apologists for the violent set of psychopaths running this country.

  • 0
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    Please see the two pictures above. It is most disgusting and uncultural to see these events with the participation of the so called “Politicians”. This the political culture that HE The President Mr.Mahinda Rajapakse is supposed to be establishing in the country. Does’nt he realize, being a Politician of 4o years of experience, and brought up in a Buddhist environment with Sinhala culture tolerating this type of event with the participation of his Government members?

    What is the use of your “Mahinda Chinthanaya” and the “Sathye Handa” aired out each and every day immeadiately after the SLBC National News?.

    Please remember,”What you sow, you will reap”. “Dittadhamma Vedaneeya Karma will operate soon”. This is nothing but “Illam Parippu”.

  • 0
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    These pig that eating kiribath are paid for this. Else, anyone would volunteer to eat in that way.

    Besides, this was not at occassion to eat Kiribath instead they could better commit suicide – seeing the danger before the folks from this day when the legitimate CJ asked for help to protect them 3 being harrassed, assaulted or killed – going through the rituals of Rajapakshes.

    She begged for protection – on the video given below : This video shows it simple manner how dangerous the country has been for her and her folk today

    http://www.youtube.com/watch?v=puW0pm2SeyQ&playnext=1&list=PLI-mtMd_tSbR4RWez4GXrBHt2bYzXbnOa&feature=results_main

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      COrrections for the last comment:

      Any volunteer would not go their for eating kiribath.

      They even disrespect lanken kiribath eating culture. Next willperhaps be the day when the big man is no longer there – when more people eat kiribath. Wait and see.

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        Thye night Before prabakaran sent his suicide carders to Colombo and south he has Last supper with them. Similarly when ever LTTE suceeded in capturing Govt. Land and Bases…..VP made sure LTTE celebrate with festive mood.

        Similarly when Govt. won the war they celebrated eating Kiribath and lighting fire crackers in the whole country. Also MR made sure he made the Biggest Kiribath Table in Sri Lanka’s history at Independence square.

        MR repeated same when he won Presidential elections and continued after CJ impeachment Win …..and Basil after Parliament passing 85 Billion rupee Divineguma Bill.

        Therefore Both LTTE V.Prabakaran and MARA family, follow the same path.

        Though VP perished, MR saga is still continuing……and the end is yet to be written.

        • 0
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          The day we eat Kiribath and light Fire Cracker is the day we Kick out Most corrupted President in Sri Lanka History and also kick out the Biggest Thieves, Drug Dealers, Murderers, Rapists, hooligans, Uneducated, uncultured, uncivilised,Kappan karayas( Bribe takers) Party jumpers, 10% Commission Kakkas, Tsunami robbers….etc..etc.from the Biggest Thieve’s Den….. which is SRI LANKA PARLIAMENT…..and Burn it down for Good.

          We patriots do not need a Corrupt Parliament anymore……and the Parliament duties will be delegated to Supreme Court….while state powers given to re-demarcated Four or Five major provinces.

          All Govt. businesses, corporations,Service Sector, Economic Development, import, Export and others will be handled by Highly qualified and experienced Professional from Both Local and International bench of advisers.

          No more Rizanas, 10% commission Kakkas and No more 70% population living in Veddha Houses living like Veddha 60 years after Independence.

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    Many thanks to the members of Friday Forum for coming forward to stand for truth and safety of Her ladyship’ family. This is an essential step taken at this critical moment.Please strengthen the Friday Forum by recruiting as many intellectuals as possible.I wish you all the best

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      I send my heartfelt Gratitude to Friday Forum for standing by the Weak and helpless, who are looking for Justice, Freedom of expression, Democracy and safety for their lives.

      In a society where ever disappearing of justice, democracy and free speach….Friday forum coming foreward to safeguard public rights is greatly appreciated.

      Thank you Friday Forum.

  • 0
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    The above comment appearing to be made by me is an impostor who does’nt have a life.

  • 0
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    I have a strong feeling that Mr.Mohan Pieris will not stay in his seat for long. Infact it could be a few weeks or months before he voluntarily will step down.

    The reasons are he is not recognised by The Bar Association,Appeals court or SC, or the public, business community, Chamber of commerce, Financial speculators, Import and exporters associatoion, FUTA and professional Association and finally the Opposition parties,Clergy and the Kandy three Buddhist preletes.

    Also Mr.Mohan Pieris is not recognised by CW, EU, England, USA and the UN.

    Therefore either he has to work like a mere puppet…..bowing down to every body….or leave his position before chasing out with disgrace.

    How come the Govt. sign foreign contracts without an Internationally recognised Chief Justice in place. Where is the Truthfullness and the Transparency in Obligation of the contracts without a trusted CJ in place. This will spread into other International Commercial and Financial transactions, Foreign Loans and Foreign Trade.

    Constitution, Law and Judiciary are the Back bone and Foundation of any Country, Society or Religion, and break down of it will lead to eventual downfall and destruction of it.

    Therefore unless GOSL think seriously to replace Mr.Mohan Pieris ASAP, Sri Lanka will face untold amount of, Business, Monitary and reputation losses both locally and in International Markets.

    MARA will try to keep his swolen head high while it is the Country and the people will suffer economically due to MARA’s stupid selfish Blunders.

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    Native Veddah,

    I recall JD was in the Peace Secretariat during CBKs tenure. But that was, I believe, with the good intention of contributing to the peace and reconciliation process from a patriotic angle, which all of us share and contribute to in some way. In fairness to him, I believe he did not get involved in any controversy or partial activity to the detriment of the Tamils during that time.

    The liberal CBK even defied the hawks in her camp even to utilise the services of Dr. Ram Manikkalingam for a similar purpose. The learned and well-informed Ram of established secular credentials, as you may recall, was also reviled and subject to false accusations he was a Tiger during the time he served here.

    Senguttuvan

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      Senguttuvan

      Thanks for the inside information.

      Where is Raju Kumarasamy one time JR’s rowing ambassador? If he is alive he must be in his 90s.

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    Native Veddah,

    “Roving Raju” I believe, is no more. The country continues to benefit from his children – son Indrajith, who is now back from the UN in SL and daughter, the brilliant, Radhika – who serves the UN with such distinction to keep Sri Lanka’s flag high in the global community. It was sad to hear of the premature death of his nephew Gajan Pathmanathan recently. Gajan, the Royal College Cricketer, played both for Cambridge and Sri Lanka and served the UN for many decades.

    Sengutuvan

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      Heh heh… What? is this forum now becoming an I-know-you know Bakamuno- type of thread where the CVs and credentials of certain Col 7 “elitists” are displayed for publicity purposes? Personal relationships notwithstanding, nobody cares 2 hoots about who is whose son/daughter and what they did or didnt do at Oxford/Cambridge or Harvard. Please cut the crap, get down to business and maintain the sanctity of this forum.

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        Gandha K Azwer

        “What? is this forum now becoming an I-know-you know Bakamuno- type of thread where the CVs and credentials of certain Col 7 “elitists” are displayed for publicity purposes?”

        Please bear with me. I am only trying to keep up with other commentators and following their foot step. If anyone to take me seriously, I am advised to drop names.

        Is it wrong to drop names in return for information that I never had before as I live in the deep, deep deep jungle?

        Does CT prohibits name dropping? If it does my apology to them.

        You say:

        “nobody cares 2 hoots about who is whose son/daughter and what they did or didnt do at Oxford/Cambridge or Harvard.”

        Sorry I thought I am being educated in this forum by many who freely pass their wisdom to me and others. Picking one or two things here and there help me to impress my wife. Are you married? If you are, you should by now know about how important it is to impress your wife.

        Why should the whole exercise of informing each other bother you in the first place?

        I think you envy us.

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    The new CJ is a very honorable man and certainly better than someone forsaking the high office for a paltry 1.6m discount or a Gedara Yana Gaman Sellama.Under the circumstances he is the most qualified to hold this high office. Also, those making fun of the kiribath feast would stop to think twice if they were personal victims of the GoldenKey scam and the dangers their investments faced if circumstances did not change their case which was scheduled for a biased judgement against them. So, naturally they were celebrating the winds of change affecting their hard-earned investments. Think about it for a while and you will understand their cause for celebration.An army crawls on its belly. Likewise these poor victims first need to fill their stomachs before they can think of NGO type of justice and fairplay applied to an alien scene when they themselves have their entire life savings in utter jeorpardy and the law being perverted so blatantly to even give them a fair hearing.Imagine, where is the justice for them when the very crook responsible for putting them in trouble through organising this ponzi scam is heading the Central Bank and poses the further danger of designing more crooked schemes to see that their investments are parted from them once and for all thro legal manipulation. So, the kiribath feast is totally understandable and not a matter to be made fun of. Have a heart for the scam victims at least.

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    Note the snarl of reader Gandha (thank god, he didn’t chose the name Gandhi) No more fret, Good Sir, you will not have many from the majority side going to these hallowed institutions of learning. Candidates here are unlikely to pass the prelims – which will be held here in ingirisi. As to the quality of the language you display, you will be in on an exemption.

    Senguttuvan

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    GOLDEN KEY
    I wish to know why they invested in Golden Key Credit Card Company without investing their hard earned money,as they say, in a recognised bank?Is it that no question is asked by Golden Key how they have earned it?Is it black money?I heard that the Minister Rajitha also had invested several millions?How did he earn that money?Has he ever revealed? Will those in the know enlighten me?

  • 0
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    Hi Jayantha,
    So glad that you come forward to write on this subject.People like you are so valuable to our country.You must and should speak out openly and you can do so as you have done your duty in the past without getting involved in any deal that benefit you or mishandle and misuse any of your position.You must be our external affairs minister and educate these politicians unlike our present guy is a “yes man” who will lead the whole country in to big mess one day.Please keep writing.We have very short time to live and we must speak out when the things are wrong.You have the full credentials to do so.who is more qualified than you in Sri Lanka on external affairs?Please come forward,be brave and contribute.Thank you Jayantha.God Bless you….

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