1 December, 2020

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Why Not Telecast The Impeachment Proceedings?

By Asian Human Rights Commission –

Chief Justice Bandaranayake

According to reports, the Chief Justice (CJ) through her lawyers have informed the Parliamentary Select Committee (PSC) that she wishes to waive the right to have the impeachment proceedings in-camera and instead wishes the inquiry to be open to the public. The Rajapaksa government has used every opportunity to make their allegations against the CJ public; in fact, a propaganda war has been waged making use of the state media, taxi drivers and paid demonstrators. Since the government is so eager to create the widest possible publicity and thinks that such publicity is to its advantage there is no reason for it not to grant the wish of the CJ, the affected judge, to waive her rights given under Standing Order 78A (8) which prescribes that the proceedings should be published only if the judge is found guilty. Since this Standing Order is a safeguard against the judge who is being accused the waiving of the safeguard is the prerogative of the affected judge.

Since 117 Members of Parliament have signed the petition supporting the allegations it is not only their right but also their duty to find out whether the allegations they have made are sustainable or they are blatant lies. The CJ through her lawyers have invited the MPs to come and there is no valid reason for them to refuse that invitation. Surely any honest accuser would want to know whether they accusations he or she has made are true or false.

The Rajapaksa government relies heavily on propaganda. It has used the state television and other media to propagate its position with extraordinary zest. In fact, it has even allowed the broadcasters to break all their ethical codes and do all they can to put before the people whatever the government wishes to propagate. Under such circumstances if the government believes that it has a genuine case against the CJ there is no reason to deny the wish of the CJ to have the allegations inquired into in full glare of the public.

In fact, when allegations are being made against the chief of the judiciary such allegations are of the highest public importance and therefore the public would have a good reason to know what is going on. If the government wants to deny the public their right to know it is their obligation to explain to the public as to why it is denying the request made by the CJ. The government cannot take cover under the Standing Order 78A (8) which is available to a judge for the purpose of protecting that judge against unfair allegations. By indicating that the CJ wishes the inquiry to be held in public she is clearly stating that she has nothing to hide and that she is willing to bear the consequences of having the inquiry in public.

The judicial officers who met last week expressed their concern about the process of impeachment which they see as unfair, not only to the CJ but also to the independence of the judiciary as a whole. They are concerned that under the abuse of media freedoms used against the judiciary it would become difficult to continue with the judicial function in the country and this is a serious warning of what is at stake. It is the administration of justice in the entire country which is in peril due to manner in which the government has proceeded in this case.

By all indications most people in the country and also in the international community are not with the government as far as these proceedings are concerned. The government has failed to convince the public and the international community that it, in fact, has a just cause to take the steps that it has on this issue. There are open accusations of blatant unfairness and injustice made by senior citizens including Buddhist monks.

Under these circumstances the government is under the obligation to respect the right of information of the public. As the CJ herself has invited the government to grant the public their right to view the inquiry the refusal of the government would indicate that it is deliberately attempting to withhold information on a matter of the greatest public importance.

As for the example of other countries it was quite recently that an impeachment inquiry was held in the Philippines against their Chief Justice. The entire proceedings were telecast internationally. In that particular instance that Chief Justice was found guilty of the charges as it was proved that he held about two million US dollars in foreign banks without disclosing this in his declaration of assets. As the people had the opportunity to watch the proceedings there were no allegations of any kind of unfairness towards the judge during the proceedings.

As the CJ of Sri Lanka has herself invited the government to provide opportunity for the public to view these proceedings the government might follow the example of the Philippines and telecast the proceedings.

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Latest comments

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    This is only second to the witch hunt that was launched against General Sarath Fonseka. Fools rush in where angels fear to tread.

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      The Kangaroo Court in the Diyawenna Oya wants to operate in secret! The legislative arm is the worst of the three branches of govt. in Lanka – Executive, legislative and judiciary. On second thoughts, the Executive is pretty putrid too – and there is nothing to choose between the two!
      In any case, the diya-wenna parliament is full of uneducated, scum of the earth politicians who are there to make money, not because they know what democracy or good governance is. Most parliamentarians today survive because they play pooja to the corrupt executive – dead leftists included.
      Politicians in Lanka are the pits and professionals, civil society and ordinary citizens need to step in and rally around the Judiciary and Shiranee Bandaranayake, an unlikely heroine, to spur the LANKA SPRING led by another unlikely hero Sobitha thera to rescue the country from the rot that the Executive and legislature represent..

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      Imagine where Sri Lanka would have been if only SF swept to power with the backing of his opportunistic and unholy alliance of LTTE proxy, the TNA; arch anarchists, the JVP; unacceptable face of the capitalism, the UNP and all that what not anti-Rajapakse comics. We would be where Egypt is, two years back.

      Likewise, I can visualize the manner in which this jamboree of commentators would be fighting for their own version of equality, egalitarianism, classlessness and democracy if MR is defeated.
      Leela

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    If they telecast the 9th grader and the twitcher conducting the kangaroo court it will be like a comedy show. So they are scared

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    People like Honorary Judge Modawansa doesnt want to be seen defecating at the PSC. Maybe thats why they dont want it to be public. When he talks he spews out all the muck.

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    You know that if you jump too high you fall hard. Case in example, Sadam Hussain, Gadafi! Mubarak so, amass all the wealth buy all the lands and earn the wrath of the people ( this applies to Ranil too) what happened ? Did they take the wealth with them? Are the grand children enjoying them?
    Chandrika is the only exception, and may be SB. Other than these two , name one politician with ill gotten wealth, where the children have excelled? Not one. If Chandrika and SB have stollen give it a few years and watch what would happen

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    I am of the view that this is a remarkable opportunity for a respectable and dignified personality to prove the nation what dignity is. Sri Lanka unfortunately lacks dignified and respectable people/leaders both in politics and high ranks in the government/state sector. Hon. CJ, you may prove to the innocent villagers in Sri Lanka (perhaps misled by the Government Media) of your quality, dignity, honesty, integrity, and fair-play.

    With respect to Sri Lankan politicians, learned people in the city claim that the rotten politicians will be reelected by less educated villagers. If we are to stop this ugly happenings, learned professionals/officers including Hon. CJ should prove themselves that they are the best! I hope, with due respect, less-educated villages will follow them and will elect better politicians to govern the country. Learned Urban-folk, this is a remarkable opportunity for Sri Lanka to get rid of dirty politicians through actions rather than words!!!!

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      I have a few questions focusing on your comments:

      You ask CJ to prove the innocent villagers in Sri Lanka (perhaps misled by the Government Media) of your quality, dignity, honesty, integrity, and fair-play ?

      How according to you is she asked to go forward ? This is the challenge before the current opposition too. They the rulers deliberately deviate the prevailing law by tel or broad casting the views related to even grave matters such as the impeachment against CJ – by interpreting them subjectively- those innocent villagers would NOT ask why- they are not use to raise cross questions because their mindsets are not grown enough to critically think.

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        Yes, I totally agree with you given the situation. My question is: Are learned people going to apply the same approach, i.e. without practicing the highest ethical code of conduct… I guess you may agree with me on the rotten officers in the public sector. They are no difference with rotten politicians….perhaps more dangerous than politico.

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          Yes, then again my question: would they respect any kind of ethical guidelines – in an atmosphere they dont even respect the laws that are already in the books. For example, there re multi criminals among the civil population – that just live free wihtout being caught irrespective of the court orders. Very good example came to surface was about – JULIAMPITIYA AMARE; police has neglected him being taken to custody as it should be the case with any common man if found guilty, just because he is close MR – the SO CALLED President of the devastated Island ? Now JA should be in prison, but state media keep quiet not to write about the very man and the close ties that he is said to have with the country^s president (this man could be guines record not to have been taken to custody even if 100 or more court orders were against him).

          Indeed the reality of the current cabinet is not even 5% of them are honest and straight forward. So in such an atomosphere, what cant we expect from this DEVEIL man – MR ? I wonder why the members of COPE or other seniors keep quiet as if they are deaf and hard of hearing :(

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    I strongly object. The honourable MPs who have been given instructions by MR as to what should be done, should be free to say anything and do anything and hang the CJ.

    • 0
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      Why sympathise when they have on their own jettisoned their honour by becoming slaves to the perks and privileges extended to them to be ‘yes men’.

    • 0
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      This is for you my friend Leela:

      Yamang Leelo, Naduwa Ballana,
      Naduwa balala, somiyak ganna,
      Rupiyal Dahai, Bothalayai,
      Packet Ekak, Nomile Lebei,
      Yamang Leelo, Naduwa Ballana.

      Kekille Naduwa Drama: Re-visit on 6th December 2012 ……ONWARDS.

      Venue = Sri Lanka Parliament Complex at 10.30AM…and….Every day… . . depend on the Hora money collected….rain or shine
      Actors = Medamulana Alibaba and the 117 Clan.
      Special Actors = Mr. 10% (ten percent), Mr.Satakaya, Mr.shit man . . . Mr.Space man, Mr.Seaman and Mr.low man
      Special Actress = Chief Justice Colombo High Court.
      Makeup artist= Famous LLLLEEEEELLLLAAAAA

      Free pass,Free Transport, free Lunch, free gal bottle, plus 1,000.00 rupees(commission free) ……Bring your neighbor, ladies, gents, children …two legged only…..
      Beware of Pick Pockets—(Mr.10% golayas)

      All are welcome

      • 0
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        This will be a record breaker and bring much wanted revenue for the Govt. Can attract the foreigners as well.

        Also add Free meals from Waters Edge courtesy of Gota.

      • 0
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        Jayantha,
        Except for the stupid like you who were incapable of grasping my writing style, no learned was caught into imposter’s trap. So, at least try to observe the specific emblem allocated for each commentator on the right as otherwise, the trickster may be laughing at you all the way for taking you for a ride.
        Leela

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          If Jayantha should be that stupid, readers would not find words to describe your being – AS ONE WHO REPEATEDLY PUT INCONSISTENT CONTENTS as COMMENTS.
          Anyway, your ilk could go sink soon, that would be the best for the prosperity of the nation. Wait and see, how your Raja will end up. Days are counting. He is the most evil kind of a leader – a shame for the SRILANKENS. Should be brought before the HAGUE and punish as the international laws allow. Then the nation and country will be left to gentalman sorta of leaders that may know the respect and dignity of the human life.

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    WE ALL SRI LANKANS WANT TO WITNESS THIS CJ IMPEACHMENT TRIAL BE SEEN LIVE AND BE OPEN TO PUBLIC. IT IS OUR CONSTITUTION RIGHT THAT NOT ONLY TO WATCH AND WITNESS THE TRANSPARENCY OF IT BUT ALSO TO EDUCATE OURSELVES AND OUR CHILDREN TO SEE HOW THE CONSTITUTION APPLIES TO EVERY CITIZEN AND ON WHAT GROUNDS A PERSON COULD BE ( HERE THE ACCUSED IS CJ) ACCUSED AND PUNISHED UNDER THE SRI LANKAN LAW.
    THIS IS PURELY TO LEARN HOW THE LAW APPLIES TO THE CITIZEN AND GOVT. SHOULD ALLOW IT.

    What type of hearing is this…..All over the world this type of impeachment not only open to public ( a number of selected guests) but also to SC judges and the Bar association and the LIVE TELEVISED BROADCAST. This alone show how the MARA gang doing everything (from tenders upto selling lands and giving contracts) hidden from public.

    All have to protest that this CJ hearing should be open to public and to the Bar Assocation and the SC judges and to the international community.

    Who is MR or the speaker to restrict peoples rights in a Democratic country. Tomorrow they will go and sit in the CJ’s seat….

    These disgusted thieves are from the worst ever rowdy areas in Sri Lanka…Weeraketiya/ Walasmulla/ Beliatta where the most crooks ever live….where MR coming from…(I know that area because I was overlooking Marketing and sales in down south) My farther always told me not to bring even a blind cat from that area…..and he proved correct.

    This MF thieves MARA crooks will never leave the positions they got by crooked way…..unless all get together and chase them even if it needs to get foreign support.

    It’s going to be hard…but not difficult also. The more they stay the more they ruin our country.

    CJ and the Lawyers should be stern to the PSC and say they should allow for public and the Bar association and the Judges to witness the hearing.
    THEY COULD HAVE THE HEARING INSIDE A GLASS CHAMBER IN THE PARLIAMENT AND CAN HAVE THE AUDIO/VIDEO LINE FOR OUTSIDERS TO SEE AND HEAR. THIS IS A MUST.

    It is the peoples bad luck for bringing these crooks into power. These are power hungry crazy fanatics which are hard to kick out….only with collective effort with mass agitation could bring results, because these crooks are ever ready to destroy the country for their illicit survival.

    WE DEMAND FROM THE GOVT. OF SRI LANKA AS CITIZENS THAT WE HAVE OUR RIGHT TO WITNESS THIS CJ IMPEACHMENT TRIAL, AND BE OPEN TO BUBLIC.

  • 0
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    We are not that lucky to watch the whole thing on TV, as already it is
    rumoured that HE has repremanded his sibling over this impeachment push
    and pleading for ways at seeking BASL Secy. to intervene and bring about
    a soft-settlement. It is rumoured that CJ has some serious breaches of
    high-ups for disclosure during the hearing which will be detremental to
    MRs future?. Under these circumstances the impeachment is going to be a flop to all concerned?

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    No one in their right mind will parade their nudity in public…they will have so much more than their private parts to hide…

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    they can even Telicast the whole JILMART prosidings on CSN calton sports net werk so that PUTHANDI can earn few more millions as his pocket money HORUNTAMA GIYARATA hebei wedi kal nehe putho !!!!!!!!!!!

  • 0
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    how can sum dum nuts can judge the judge?????????????

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