28 November, 2020

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The Ugliest Attack In Sri Lanka’s History On The Supreme Court And The Chief Justice

By Asian Human Right Commission –

Chief Justice Bandaranayake

The Mahinda Rajapaksa regime has resorted to the ugliest attack in Sri Lankan judicial history on the Supreme Court and the Chief Justice this week by using the state media as a slander machine and through employing the state media to introduce deliberately manufactured slanderous letters to the parliament solely with the purpose of abusing parliamentary privilege for biased purposes. The government has within its ranks, schemers of the lowest quality who have little scruple in manufacturing any lie to suit their purpose and thereafter using others to introduce and propagate such lies in the highest legislative assembly of the country, namely Sri Lanka’s parliament. It is evident that people in the state media will defy every rule in journalistic ethics to do whatever that the government demand. However the responsibility for such vile attacks lies entirely on President Rajapaksa himself for allowing such schemes to be carried out.

Manufacturing a slander sheet is an easy affair. Whoever allowed such a slander sheet to be put before the country’s most august forum clearly showed a high degree of unscrupulousness and carelessness regarding every form of decorum and public etiquette that is generally required in the use of materials in the county’s Parliament. This is one of the worst act of irresponsibility that has defamed the Parliament itself and the very tradition of parliamentary debate anywhere in the world. Only fools and criminals would permit the abuse of parliamentary process in this manner.

The issue in question was an attempted abduction and an attack by four unidentified persons on the Secretary of the Judicial Service Commission on 7th of October 2012. So far the police have filed reports in the courts stating that they are unable to identify the culprits responsible for this attack. And then the government introduces an unscrupulous letter in Parliament stating that it was the Chief Justice’s husband who had organized the attack because he had suspected an illicit relationship between the Chief Justice and the Secretary of the Judicial Service Commission. Yet the country’s criminal justice investigators have declared to the court that they do not know who the attackers are. Irrespective of this, the government introduces this despicable letter manufactured by one of its hatchet men to the Parliament. The question then becomes as to what precisely is the role and importance accorded to criminal investigations in Sri Lanka? Has this role been usurped by hatchet men who write unscrupulous leaflets?

The Supreme Court of Sri Lanka was established on 1802. Up to this date there had never been such dastardly attacks on the Supreme Court or the Chief Justice. This marks perhaps the lowest point of Sri Lanka’s political culture when a government in power could abuse parliamentary privilege in this fashion. And it is worse when the Government’s slander machine is utilized to attack the Supreme Court and the Chief Justice.

The strategy behind the government action is very clear. The Secretary of the Judicial Service Commission in a press statement had complained that the public media is carrying on a campaign against the Judicial Service Commission and the independence of the judiciary. Then the government retaliates with a far worse abuse of public media in attacking the Supreme Court and the Chief Justice herself.

In doing this government resorts to the lowest forms of abuse by taking advantage of the vulnerability of the Chief Justice being a woman. This is one of the worst sexist attacks that we have seen in recent times and women movements in Sri Lanka together with every woman in Sri Lanka and anywhere else in the world should protest against this ugly abuse in regard to a woman holding a public office. Does this mean that every time that the government is unhappy with a woman holding public office, it will resort to this kind of dastardly tactic in order to humiliate and defame such a person? This is shameful Mr. Mahinda Rajapaksa. Very shameful.

In functional democracy, people would have demanded that the President himself and every one held who has participated in this shameful abuse of power, the abuse of parliamentary privilege and abuse of women should resign because they simply do not deserve to hold public office.

This episode only demonstrates the lowest depth that Sri Lanka has reached at this point of time. No nation can avoid dire consequences to its societal moral when the government at the highest level resorts to such lowest level of mean and dastardly conduct.

If the people of Sri Lanka tolerate this level of immorality on the part of the government then they should blame themselves for all the societal ills that will rise from a situation such as the current crisis that the country is facing.

The greatest societal ill that will rise from this kind of abyss is the very high level of criminality in every aspect of social life. There will be loss of respect for anything called moral or ethical in a society like this. The children of such a nation will inherit a culture that is ugly and stinking.

The Asian Human Rights Commission is aware that there are many others against whom such gimmicks are being schemed. One such scheme is to attack the lawyers who appear for just causes and oppose the government’s abuse of powers in court through the use of manufactured reports accusing them of all kinds of things, for example saying that they are being paid by drug loads. We are aware that there was an attempt to publish such a report in the government’s mouth piece Daily News last week against Mr. J C Weliamuna and another lawyer against whom the government does not agree with. It was because a particular news editor was a man who respects journalistic ethics that the report was not published. However possibly others who are willing to engage in any kind of abuse may be put in the editorial chair and publish such reports against those whom the government select to slander.

The Asian Human Right Commission is saddened by the attack on the Supreme Court and the Chief Justice. Its concern is not due to any personal attachment but due to respect for principle which when undermined, harms the very fabric of society. The Supreme Court deserves respect. The Chief Justice, whoever it is, deserves respect and the Parliament deserves not to be abused. History tells us that societies that do not respect these principles ultimately pay a high price for that disrespect.

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Latest comments

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    If the Asian Human rights commission involves in this, there definitely should be something else to this.

    That is interesting.

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      Jim Softy, for you to think so, there is definitely something else to this whole episode. It is most intriguing.

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        There is lot of racism and injustice in the USA. But, the president and the Congress appointed Supreme court judges never made any decision that destabilizes the country. For them the country is first and then comes the justice.

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      The Rajapakse regime has been given enough time by the International Community to set its house in order and restore democracy and minority rights at wars end but it has been doing the opposite. It is now time for the IC to put the screws on the regime and starts pulling back.
      The Commonwealth heads meeting of 2013 must be relocated Rajapakse must be isolated – not invited to any country for starters.

  • 0
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    everything about sri lanka stinks.

    • 0
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      It started smelling a lot better the moment you left though, so that’s something.

      • 0
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        have you just returned from dubai after helping out your mum with toilet cleaning in her arab masters home. probably the money is worth a lot when compared to the ever depreciating sri lankan rupee.

    • 0
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      RAMA is living in TamilNAdu.

  • 0
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    MR making Sri Lanka a pig s..t and a headache to both it’s people and to the world.

  • 0
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    it shows that the prematurity of the regime…..as a government, it cannot be justified ethically………

  • 0
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    It is quite obvious that the country is on the road to a sinister dictatorship. There is no strong political opposition to halt the executive juggernaut roaring through the national landscape destroying all democratic institutions lying its path. At a time when the opposition leader should have put his foot down against the government’s interference with the judiciary and the vilification campaign mounted against the Chief Justice, he in his typical cynical style took up the ‘serve them right” position. At this grave hour of the nation, all political parties, intellectuals, professionals, trade union leaders and the clergy of all denominations should lose no time in rising up as one to combat the spectre of a despotic rule of the worst kind.

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    In making herself available for political inter-play by dubious characters who had hijacked the State, the CJ knew what she was
    in for. Many rejoice she suffers her just desserts. One more
    disserve to the country and system by the ambitious Prof GLP,
    who had his own designs in placing her in line for a position she
    was not suited for. After all, since 1948 we have had learned giants of the law embelleshing the seat – now occupied one who it is widely believed is unable to function in the English Language even at minimal level. Not that one cannot have an efficient, impartial SC Judge speaking only Sinhalese. But let us not be hypocrites.

    It is sad when the history of this country is writ the Rajapakses will be remembered for all the wrong reasons during their tumultous tenure.

    Senguttuvan

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    hey, lets be honest. The CJ is perfectly able to function in English. It is her intellectual capacity that is challenged and, of course, her integrity.

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    Pandu:

    I was in an audience of about 700 at the Galle Face Hotel when the present CJ was to deliver the the Arunachalam Mahadeva lecture. It was
    a near total Tamil audience. Dr. Bandaranaike delivered her entire 45 mts talk in Sinhala – to the horror of all of us. Although I understood some of it, most of the audience did not. The fault also was in one of the organisers – a dubious attorney who is more bent on
    building the practise of his law firm than promoting unity and peace.
    So I suggest you make sure of your claim.I hope others in the readership who know the CJ will comment to clarify matters.

    By the way, it is not her intellectual capacity that is challenged but her intellectual honesty and more the conflict of interest within her own home.She should never have allowed this to become a bone of contention. No CJ has ever got involved in such public censure and contempt.

    Senguttuvan

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    From all signs it looks like the Bros have decided to roast their former favourite – the CJ. No CJ has been impeached or subject to disgrace and ridicule to this extent in the history of this country.
    While the Bros could be called revengeful the fact is the CJ decided to go to sleep with dogs, as it were, and she wakes up with ticks – something someone with far less intelligence would have known.
    It is sad the office of the CJ has been dragged in the mud far too much. Even if the CJ survives the impeachment, the massive damage done to the institution cannot be repaired. She will be remembered for long for the wrong reasons.

    Senguttuvan

  • 0
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    My dear friends and fellow readers of the Colombo Telegraph, let us not be side tracked and ask a few questions.
    What really is this dear and courageous lady CJ accused of? Have the charges for such impeacment been made clear? If so, has the nation’s security been undermined and it what way? Has she operated on her own without adhering to the constitution of the Republic of Sri Lanka? Is the President himself in violation of the Constitution and is he and all his henchmen be hauled before the Criminal Justice court since they really the criminals?
    So what is emerging? Blatant violation of the constitutional rights not only of the CJ (she is a valid citizen of Sri Lanka)but of every citizen of this dear land of ours. Well, Mr. President, throw the Constitution in the Diawana Oya and have the courage to really come out in your true colors as the Dictator of Mother Lanka!! Unleash your family members to kill and make disappear who serves as a threat.
    But be reminded, that there is the God who governs His universe with Justice and love and when His Justice is meted out, you and the criminal enterprise you head will be publicly dragged to shame and like king Nebuchadnezzer you will be forced to eat grass. The end will be swift, because God Hates Injustice!!

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    This is similar to other instances where MR brothers using their strong arm method to get rid of opponents to take the country on a dictatorial path. This impeachment is not against the CJ but against all the freedom, justice and democracy loving Sri Lankans. MR wants to make the country another IDI AMIN like dictatorship. MARAS has started to plunder the country’s wealth giving it to their goons and supporters to keep the dynasty intact.Also their sound mind is questionable. Therefore everybody including Asian Human Rights commission, The International Jurists and especially the British, European, Canadian and Australian Jurists should come to help CJ in this case. Since MR dictatorial regime will lead to another bloodbath in Sri Lanka and force people similar to 1983 to flee Sri Lanka and seek asylum in those countries making a burden to their economy. Therefore please act soon.

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