Friday, December 14, 2012

Disclosure of CJ’s bank accounts illegal – BASL chief

* NDB Bank defends decision to release CJ’s personal banking criteria
* ‘We did it within legal framework’ says CEO

December 13, 2012, 8:52 pm

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By Ravi Ladduwahetty

With Sri Lanka aspiring to emerge as a financial hub in the region, the disclosure of personal bank accounts of the country’s first woman Chief Justice Dr Shirani Bandaranayake, to 117 members of Parliament and the media, has dented the country’s credibility to honour and safeguard confidential information.

President of the Bar Association of Sri Lanka and President’s Counsel Wijayadasa Rajapakshe, told The Island Financial Review yesterday (13) that the release of the accounts and financial statements of the Chief Justice to not only the Parliament Select Committee probing the matter, but to the media as well, was not only unethical but also illegal.

He also said that no personal financial information could be released unless there is a direction from a Competent Court or by the Commissioner General of Inland Revenue.

"Whether the PSC also has the powers of a Court is also in question and that is being debated now," he added.

Good governance activist Chandra Jayaratne has also raised this issue in an open later to the bankers (see page 8).

Meanwhile, the NDB Bank yesterday defended its decision to release the personal account information of Chief Justice Dr Shirani Bandaranayake to " authorities" which it refused to name which also received the attention of the mainstream media.

"We did the right thing on the advice of our lawyers and we were correct in our decision where we followed an ethical process," NDB Bank Director/ CEO Russel De Mel told The Island Financial Review last night

He was responding to a question from this newspaper as to under what circumstances and ethics it released her personal information to "the authorities" due to the widely acknowledged secrecy clause in banking laws that personal account information could not be disclosed publicly.

The Banking Act No. 30 of 1988 specifies that banks have to be strict on the information and the operations of the bank and also its customers, but it could disclose information which is required by a Court of Law by the person or for the person that the information relates to in the performance of their duties and to comply with the provisions of the law.

Asked what or who the "authorities" were and asked whether it was the Parliamentary Select Committee which probed the allegations, he was extremely tightlipped.

"The process is on where the first phase of the Parliamentary Select Committee is over and the second phase where the impeachment will be debated in Parliament will come soon. This is indeed a sensitive issue and we have decided to wait till the dust settles," De Mel said.

He also said that the Bank had been asked to maintain deft silence on the issue on the advise of lawyers. The name of the NDB Bank had been mentioned in many places and it was best to maintain silence, or else, it could lead to other complications. "There is also a public list where other witnesses have also been called as well which also includes other banks," he said.

A Final Chance To Honour The Constitution And Natural Justice

By Friday Forum –December 14, 2012

Professor. Savitri Goonesekere

The Friday Forum made a recent statement which drew the public’s attention to the deeply flawed nature of the procedures adopted for investigating the charges made against the Chief Justice. This statement analyzed the procedures from the perspective of the Constitution and other legal provisions. We recommended that in the absence of essential safeguards, the impeachment proceedings should be terminated.

Our worst fears have been confirmed by the manner in which the Select Committee of Parliament has conducted the investigation and arrived at its conclusions. The public is aware that the basic requirements of a fair investigation have been flouted by the members of the Select Committee representing the government, who constitute the majority on the Committee. From the very first sitting of the Committee, there appears to have been an arrogant disregard of the laws and standards of natural justice and fair procedure that ought to be followed according to Sri Lankan law as well as International law and practice. The members representing the opposition parties on the Select Committee also failed in their duty to ensure that the basic elements of fair investigative procedures were in place before the Chief Justice was summoned before the Committee, and she and her lawyers attended its sittings. This appears to have resulted in confrontational arguments during the sittings, vain protests on their part, and an eventual withdrawal from the proceedings by the Chief Justice and her lawyers.

Even worse the Chief Justice and her team of lawyers are alleged to have been subjected to attempts to intimidate them at every sitting they attended, two members of the government on the Committee even resorting to vituperative abuse. That legislators and senior government officials who have acted in this way in their interactions with the public in the recent past have not been held accountable for such conduct has encouraged the unimaginable behaviour of the present Parliamentary Select Committee.

The Select Committee’s report and findings were arrived at in unseemly haste, after the withdrawal of the Chief Justice and her team of lawyers and the representatives of the opposition parties. They were all protesting against the arbitrary and unfair manner in which the proceedings were conducted. In these circumstances it is fair to surmise that the findings and report are seriously flawed, and indicate unjust, unfair and discriminatory investigative procedures.

We wish to remind parliamentarians that the proceedings of the Select Committee are being challenged before the courts on the basis that they are ultra vires the Constitution.

The public has a right to expect its elected representatives to act with decorum and dignity. We ask that the Chairman of the Select Committee and those who abused the Chief Justice tender, to the Chief Justice, her team of lawyers, the judiciary, Parliament and the people of Sri Lanka, a public apology for their conduct.

We call upon the Speaker to advise Parliament that the report is not acceptable, and persuade the House not to base an address to the President on the Report. We also call upon the President not to act on any address of impeachment based on this report, even if presented to him by Parliament.

Jayantha Dhanapala Professor. Savitri Goonesekere

On behalf of The Friday Forum;

Jayantha Dhanapala, Professor Savitri Goonesekere, Rt. Rev. Duleep de Chickera, Professor Arjuna Aluwihare, Anne Abeysekera, Dr. Jayampathy Wickremaratne, Tissa Jayatillaka, Professor Ranjini Obeysekere, Shanthi Dias, Damaris Wickremasekera, Dr. Deepika Udagama, Sithie Tiruchelvam, Lanka Nesiah, Dr. A.C.Visvalingam, Dr. Camena Gunaratne, Suriya Wickremasinghe, D. Wijayanandana, Radhika Coomaraswamy, Faiz-ur Rahman, Manouri Muttetuwegama, Daneshan Casie Chetty, Rev. Dr. Jayasiri Peiris, J. C. Weliamuna, Dr U.Pethiyagoda, Ranjit Fernando, Dr. Devanesan Nesiah, Ahilan Kadirgamar, Javid Yusf, Mahen Dayanada, Chandra Jayaratne.

SRI LANKA: The Bar Association resolution will test of the lawyer's determination to defend the independence of the judiciary

Contributors: Basil Fernando-December 14, 2012

Tomorrow, December 15 will be a day that tests the will of the lawyers of Sri Lanka to defend their own profession and the independence of the judiciary in the country which is the foundation on which the legal profession stands.

In more simple terms the resolution presented to the lawyers that they are to vote on is about preventing the degrading of the judiciary to be a stooge judiciary. The executive is hell bent on making an end of an independent judiciary. There are ideologues that are supporting the executive as is quite evident from those who are speaking over radio programmes such as the one which is inappropriately called 'Peoples' Power' and in newspapers and other media. For example, Dr. Nath Amarakoon wrote that the Chief Justice is an employee of the executive and should behave in that manner. There are others who have vociferously argued that the judiciary should be silenced.

If the executive succeeds then it is not only the judiciary that will be degrading but the legal profession as a whole. The task of the lawyers would be to engage in unscrupulous practices as middlemen for unprincipled negotiations and even to be bribe carriers.

Therefore it is a critical time now either to succumb to this pressure or to take a very decisive position to fight back.

In a moment like this it is most useful for lawyers and judges in Sri Lanka to take a critical look at themselves. It must be admitted that the legal fraternity in Sri Lanka has failed society. It is no exaggeration to say that we have failed miserably.

The task of protecting the liberties of the citizens has not been a priority of the legal community. The people justifiably accuse the lawyers as well as the judicial system on so many counts. Just to take one example, take the case of the extraordinary delays in adjudication. The postponement of cases is unscrupulously pursued so as to defeat the ends of justice. A litigant who has no just cause can manipulate the system against the other party by paying for lawyers and getting a case postponed for many years with the hope that the other party will give up due to lack of resources or other problems arising out of such postponements. Poorer persons dragged into cases which are often fabricated may end up in suffering jail terms or other losses purely because of their poverty and the capacity of the other party to manipulate the system in their favour. There is truly a cruelty and heartlessness in the manner the justice process has been allowed to be manipulated in Sri Lanka.

Often the judiciary has also failed in their management of the system of justice. The judges cannot be unaware of the unscrupulous manner in which the court proceedings are manipulated so blatantly. However, very little attempt is made to give their minds to this problem collectively and find solutions including firm action to demand from the government the allocation of resources in order to ensure that the system of justice functions without defeating the very objectives of justice.

The other most glaring betrayal of justice is the manner in which the Attorney General's Department has been allowed to degenerate and to use its powers unscrupulously to do actions which are illegal and unjust. The most recent example is the manner in which the power of Noli Prosequi of the AGD is so blatantly abused to do favours for those who are close to the government or are friends to someone in the department. In so many cases letters are issued to the magistrates informing them not to proceed against a suspect and to release them purely for political or personal reasons. Even a member of the Civil Defense Force (Grama Arakshaka) who doused his 16-year-old lady partner in kerosene and set fire to her was able to obtain a letter from the Attorney General's Department requesting the magistrate to discharge him from the proceedings. And in another case a coroner in the Perediniya Teaching Hospital who was attempting toconduct a death inquest on a body found floating in the Mahaweli River, who was prevent ed to carrying out his work by the director of the Perediniya Botanical Gardens and his assistant filed a complaint. The director and the assistant were released due to a letter from the AGD in the same manner.

It is not possible to narrate here the depth to which the utterly abysmal justice system in Sri Lanka has fallen. The gist of the matter is that the possibility of seeking justice in Sri Lanka has become an impossible dream. The legal community cannot wash their hands and merely blame the politicians. It is the duty of those concerned with justice to resist everything that obstructs justice and the lawyers and judges of the country cannot claim that they have discharged this duty.

It is necessary to face this at this critical time and tomorrow's (December 15) of the Bar Association should be a day to demonstrate to the people that the legal community is willing to mend their ways. By demonstrating their determination to resist the executive's pressure to reduce the judiciary to the position of a stooge and by standing for the independence of the judiciary the legal profession can demonstrate they are beginning to reckon with the situation. This is not the end of the matter but it could be a beginning of them demonstrating their determination to begin a new chapter in the struggle for justice. Much needs to be done and a beginning needs to be made.

Move To Impeach The CJ Is Another Instance Of The Breakdown Of Law And Order – Congress Of Religions Writes To Rajapaksa

By Colombo Telegraph -December 14, 2012

“Finally, we cannot help thinking that this move to impeach the Chief Justice is another instance of the breakdown of law and order in the country. We publicly profess adherence to religious values, of all four major religions, and as such believe we should always work for a dharmista society. In addition to the social and moral evils pervading our society today, the apparent assault on the freedom of the judicially would only add to the contradiction of that belief in real life. If for no other reason, the moral-religious imperatives of millennia of historical evolution, driven in the main by the Buddhist ethos, should compel us to render justice to the Chief Justice, and thereby do justice to ourselves as a civilized nation. Otherwise, the country and its people will be the final losers. We call upon the government to do just that.” the Congress of Religions wrote president Rajapaksa.

The letter December 3, 2012 sent to the President released to the media today by the Congress of Religions. The letter signed by Dr. Ittapane Dhmmalankara Anunayaka Threo, Prof. Bellanvila Wimalarathana Anunayaka Thero, Archbishop Dr. Malcom Cardinal Ranjith, Archbishop Emeritus Dr. Oswals Gomis, Madluwawe Sobita Nayaka Threo, Bishop Duleep De Chikera, Dr. Brahammanwatte Seewali Nayka Thero, Rev W. P. Ebenezer Joseph, a representation from Islam Religion and a representation from Hindu Religion.

The Congress of Religions says; “At the outset, we endorse whole-heartedly the appeal of the four Mahanayake Theros to H.E. the President to set aside the impeachment motion brought against the Chief Justice.”

“The fact that she has not been given adequate time to respond and prepare her defense, time usually allocated even to ordinary litigants in regular Court cases, is unfair. Is that due to political consideration?” they asked the President.

We publish below the full text of the letter;

His Excellency, the President of the Democratic Socialist Republic of Sri Lanka

Hon. the Speaker of the Parliament of Sri Lanka

Hon. Chairman of the Parliamentary Select Committee

Your Excellencies

3^rd of December 2012.

Impeachment of the Chief Justice

Bellanvila Wimalarathana Colombo Telegraph

At the outset, we endorse whole-heartedly the appeal of the four Mahanayake Theros to H.E. the President to set aside the impeachment motion brought against the Chief Justice.

2.It is a matter of grave concern to the people of the county, that the Government through the accusations leveled against Chief Justice seem to have convinced itself that the Chief Justice has not lived up to the standards of personal integrity expected of her. Since this is a very serious matter, the Government has the equally grave responsibility to ensure that adequate evidence is provided to prove these charges and at the same time follow scrupulously the procedures stipulated in the Constitution for this kind of action.

Archbishop Dr. Malcom Cardinal Ranjith

Until proven fully no party in a case stands convicted of a charge. It seems to us that on both counts there are serious deficiencies. Regarding the first, the Government appears to have been motivated more by a series of decisions of the Supreme Court in recent times, which went contrary to its expectations, than by a prima facie case for impeachment. If that be the case, the independence of the Judiciary, which is a cornerstone of a democratic polity and the last bastion of Justice for the people, will be in grave jeopardy. Regarding the second, the speed with which the Government has proceeded up to now to impeach the Chief Justice, gives rise to a justifiable suspicion about the motivation of the Govt. in this matter. The fact that she has not been given adequate time to respond and prepare her defense, time usually allocated even to ordinary litigants in regular Court cases, is unfair. Is that due to political consideration?

Archbishop Emeritus Dr. Oswals Gomis

3. Even more worrying is the rejection by the Govt. of the recommendation of the Supreme Court to postpone the commencement of impeachment proceedings, until it has made up its mind on the constitutional competence of a Parliamentary Select Committee to make a judgment on the charges against the Chief Justice. We appreciate the conciliatory gesture of the Supreme Court in order to avoid a direct confrontation with the legislative. But unfortunately the Govt. has refused to accept that gesture and gone ahead. This naturally gives rise to the suspicion that the Govt. is not neutral with regard to the outcome of the case, but is patently seeking a judgment in its favour, somehow or other. This step denies the fundamental principle of the separation of powers between the legislative, the executive and the judiciary. While we accept the principle that the legislative authority resides with the Parliament, the independence of the judicially to correctly apply the laws, without interference or hindrance becomes important.

Madluwawe Sobita Nayaka Threo

4. In a globalised world in which countries are coming to be more and more connected, no country can ignore the impact of its standing vis a vis the world. While we accept the freedom of a Sovereign State to manage its own affairs, we also have to realise that we have to abide by norms of governance and the requirements of natural justice and human rights accepted by the community of Nations. If we disregard them with impunity, the consequences can be serious. Already Sri Lanka has come under the spotlight of the international community with regard to its record on human rights in the context of the 30 year war. This would be thus and adding of fuel to the fire.

5. Finally, we cannot help thinking that this move to impeach the Chief Justice is another instance of the breakdown of law and order in the country. We publicly profess adherence to religious values, of all four major religions, and as such believe we should always work for a dharmista society. In addition to the social and moral evils pervading our society today, the apparent assault on the freedom of the judicially would only add to the contradiction of that belief in real life. If for no other reason, the moral-religious imperatives of millennia of historical evolution, driven in the main by the Buddhist ethos, should compel us to render justice to the Chief Justice, and thereby do justice to ourselves as a civilized nation. Otherwise, the country and its people will be the final losers. We call upon the government to do just that.

We intend sharing the content of this letter with the media as well

On behalf of the Central Council of the Congress of Religions

Judicial Service Association reacts to PSC findings on CJ probe

December 15, 2012

The Judicial Service Association (JSA) of Sri Lanka yesterday issued a statement on the Findings of the Parliamentary Select Committeewhich probed the allegations of misbehavior ofthe Chief Justice of Sri Lanka.

The Government members of the Parliamentary Select Committee (PSC) appointed to probe the charges contained in the impeachment motion have found the Chief Justice Dr. Shirani Bandaranayake guilty of three charges.
We, the Judicial Service Association (JSA),as the sole representative body of the judicial officers of Sri Lanka, strongly feeland record its considerable concernthat the Chief Justice Dr. Shirani Bandaranayake did not get a fair hearing at the Parliamentary Select Committee (PSC) proceedingsin terms natural justice and fair trialin coming to the above finding.
We are of the view that the PSC did not qualify in terms of the constitutional requirements to conduct an inquiry for the removal of a Chief Justice as a genuine tribunal. Such a tribunal must be an impartial judicial body. The composition, procedure and the very conduct of some members of the PSC failed to meet the basic standards expected of an impartial tribunal.
The JSA is extremely concerned and shocked about the fact that the Chief Justice was insulted and humiliated by two members of the PSC forcing the Chief Justice and her lawyers to walk out in protest against this outrageous situation. We are also concerned about the behavior of certain media institutions maintained by tax payer’s money and their conduct in contempt of PSC proceedings and also in contempt of the entire judiciary.
Security of tenure of office of judges is of paramount importance to safeguard the independence of the judiciary. United Nations Basic Principles of the Independence of the Judiciary guarantees to every judge the right to a fair hearing and an independent review of removal proceedings (Item 17 and 20). Article 12(1) of the Constitution guarantees equality and equal protection of the law and, Article 13(5) the presumption of innocence. In the PSC proceedings, the Chief Justice was not allowed to exercise the basic fundamental rights enjoyed by ordinary civilians of this country as enshrined in the Constitution. Chief Justice and her lawyers were not given fair trial guarantees enshrined in the International Covenant on Civil and Political Rights (ICCPR) to which Sri Lanka is a party.
The impeachment process has proceeded against the Chief Justice irrespective of the request made by the Supreme Court to delay proceedings until they make a determination on the question for reference made by the Court of Appeal on constitutionality of Standing Order 78A. The PSC has been appointed disregarding the objections taken on the basis of serious legal grounds – that the removal of a superior court judge should be preceded by an inquiry of an impartial tribunal consisting of judicial officers.
The Mahanayakes and the other religious dignitaries, the academics, professionals, and people from many other walks of life who, in the recent weeks, have expressed considerable concern over the impeachment process and has come under severe attack in Sri Lanka, as well as by authoritative statements from important international sources such as the Commonwealth Secretariat, Commonwealth Association of Judges and Lawyers, the United Nations, International Committee of Jurists, Law Asia and from persons of high international repute, including Sri Lanka’s most senior judge Dr. C. G. Weeramantry.
We urge His Excellency the President not to act on the findings of the PSC. We urge the Parliament to enactnecessary legislation or amend the existing Standing Orders in terms of Article 107(3) to ensure setting up of fair, transparent, and impartial tribunal which would guarantee due process to probe the allegations of misbehavior of the Chief Justice and other Apex Court Judges.

Two conspiracies to sabotage the Lawyers’ crusade for justice and independent judiciary exposed

(Lanka-e-News -13.Dec.2012, 4.30PM) It has come to light that MaRa and his village demons who are hell bent on devastating the independent judiciary and everything lawful have designed two conspiratorial schemes to defeat the just and joint massive crusade of the lawyers Island wide , the sixth Force in the country aimed against MaRa’s foul and sinister dictatorial goals , injustice and lawlessness .

• The first conspiracy is designed for today(13) . It is Anoma Gunathileke , the SL Bar Association Executive member who is the head of its women’s division who is spearheading this . She is a lawyer loaded with lies and not laws like her unlawful political mentors who are propping her.

This lawyer who is more a liar and less a lawyer is the wife of former IGP and current Commissioner for Bribery and corruption , Jayantha Wickremeratne . She is also (dis) reputed for her sinister blind allegiance to the MaRa regime being a close crony and advisor of ShiRa (MaRa’s spouse) , who played a key role to project and publicize ShiRa as a (bogus) child psychology Doctor ( another name for a lunatic Doctor of her category ).

At the function ‘ Neethi Kekulu’ t o be held today (13) by the Women Lawyers Association for their children , plans are afoot to subject the chief justice who is the chief guest, to humiliation and embarrassment when she attends this event by stirring up a group to stage protests and demonstrations against her .

It is Anoma Gunathileke who had planned to invite the parents of these children who are to engage in these premeditated disgraceful and base conduct.

Yesterday Anoma participating in a television program of the ITN and Lakhanda to disrupt the All Island Lawyers’ protests staged with the full consent of the SL Bar association engaged herself in a vicious attempt from early morning castigating the Lawyers’ campaign . Of course anyone is entitled to criticize , but Anoma betraying her official responsibilities, falling foul with the Bar Association decisions and criticizing for the most nefarious selfish reasons while being part of the Bar association which has consented duly for the Lawyers’ demonstrations was most reprehensible and condemnable.
SL Bar association is not only a Professional body but also a charitable Association helping with donations and in village funeral activities . Moreover it is a highly respected, humane and honorable association. Hence, the action of Anoma defying the Association by not adhering to its decision and behaving high handedly is a grave offence committed by her particularly because she holds an Executive member post in it.

It is for the association to take a crucial decision and mete out deterrent punishment because she has created a pernicious precedent which can be followed by other members to the detriment of the entire Association . In the best interests of the association , it must be decided whether she could be allowed to continue in her post or not ?
• The second conspiracy is to sabotage and disrupt the general meeting convened by the SL Bar Association this Saturday. It is the target of every MP to get down ten Lawyers each ,who are his henchmen . In case an MP has no Lawyers , he is to get down ten law students at least or ten others who can be disguised as Lawyers. Those who are being summoned and coming from outstations are to be provided with five star Hotel accommodation and comforts. Orders have also been placed with the Fort Ceynor Restaurant to supply their meals and beverages.

The sole objective of these plots and plans is to intimidate and control the Lawyers who are crusading for justice, espousing the cause of the Chief justice and are against the impeachment motion. It is arranged to assault a selected group of the learned honorable lawyers . Unfortunately for MaRa , this JaRa ( sordid and dirty) plan and plot of his had leaked out . Therefore for the honorable lawyers who are backed by the decent society defeating these disgraceful moves and maneuvers of MaRa unbecoming of a President of the country should not be difficult.

Releasing CJ’s Financial Statements Not Only Unethical But Also Illegal – Wijayadasa Rajapakse

By Colombo Telegraph -December 13, 2012

President of the Bar Association of Sri Lanka and President’s Counsel Wijayadasa Rajapakse, toldThe Island Financial Review yesterday (13) that the release of the accounts and financial statements of the Chief Justice to not only the Parliament Select Committee probing the matter, but to the media as well, was not only unethical but also illegal.

Chief Justice shares a light moment with Wijedasa Rajapakshe, at the annual concert of the children of the BASL members. Dr. Bandaranayake was the Chief Guest at the event organized by the BASL (Pic by Dhammika Salwathura/ Island)

According to the Island Wijayadasa Rajapakse also said that no personal financial information could be released unless there is a direction from a Competent Court or by the Commissioner General of Inland Revenue.

He also said that it was illegal to release her financial statements which was in the domain of the 117 MPs who were signatories to the Impeachment Motion and long before it entered the Parliamentary Select Committee proceedings, the newspaper reported. ”Whether the PSC also has the powers of a Court is also in question and that is being debated now,” he added.

Expert panel only after conclusion of parliamentary process

PSC report on Chief Justice:

December 13, 2012
The appointment of an expert panel to evaluate the findings in the Parliamentary Select Committee (PSC) which probed Chief Justice Dr. Shirani Bandaranayake would not clash with the on-going parliamentary process, President Mahinda Rajapaksa told newspaper editors yesterday at Temple Trees. He said though there was no constitutional requirement to assess the PSC findings, he had thought it fit to do so. That was not something new, he said, noting that he did so as regards other crucial issues as well. Claiming that he had not seen the report, he said he was waiting for a copy from Parliament.

President Rajapaksa said all countries had constitutional mechanisms in place to impeach errant judges and recently the Chief Justice of the Philippines had been removed for offences which included the non-declaration of assets. Asked to comment on the Chief Justice’s claim that the proper process had not been followed in probing charges against her, the President said Parliament had adopted the methods that had been employed previously in dealing with other Chief Justices. When it was pointed out that the CJ and her lawyers wanted the government to adopt the process proposed in the Draft Constitution of 2000, the President said it was not practicable to change the Constitution to impeach judges. He asked whether a person summoned before a court of law could demand that the Constitution be amended for him to be tried. The existing constitutional provisions had been followed in removing judges and in trying to impeach Chief Justices Neville Samarakoon and Sarath N. Silva.

The call for impeaching Chief Justice Bandaranayake had first come from the Opposition, President Rajapaksa said, recalling that it was UNP MPs Tissa Attanayake Harsha de Silva, Dayasiri Jayasekera and DNA MP Anura Kumara Dissanayake who had called for her removal. The UNP was now protesting against what it wanted the government to do, he added.

Asked how he would respond to the UNP’s call for a committee of Commonwealth judges to probe charges against CJ Bandaranayake, the President said the UNP should have done so when it tried CJ Samarakoon and sough to impeach CJ. Silva. He laughing said MP Sajith Premadasa should read how his late father Ranasinghe Premadasa as the Prime Minister of the J. R. Jayewardene government had defended the PSC that tried CJ Samarakoon. He said he could make the relevant sections of the Hansard available to Sajith. "It is a pity that the son does not know what his father did," said the President.

“Babaa” – “Naa Baba Hukung”: ‘Take Action’ – CJ’s Lawyers Writes To President’s Brother Speaker

By Colombo Telegraph -December 14, 2012

The Lawyers for the Chief Justice Dr. Shirani A. Bandaranayake today wrote to the Speaker Chamal Rajapaksa regarding the derogatory terms used to address Chief Justice at the PSC.

The lawyers Neelakandan and Neelakandan wrote to President Rajapaksa‘s elder brother; “ We trust you will agree that such behaviour is inappropriate in any circumstances. It must be even more so when the Respondent is the Chief Justice of the country and a lady at that.”

We publish below the full text of the letter;

Hon. Chamal Rajapaksa
The Honourable Speaker
Pariiament Secretariat
Sri Jayewardenepura
Kotte.
Honourable Sir,

CONDUCT OF SOME OF THE MEMBERS OF THE PARLIAMENTARY SELECT COMMITTEE INQUIRING INTO ALLEGATIONS AGAINST THE CHIEF JUSTICE

We write on the instructions of our Client Dr. Shirani A. Bandaranayake.

We wish to draw your attention to the manner in which some members of the Select Committee conducted themselves and request you to take action which you consider appropriate. The Chief Justice was insulted. The gestures made and mannerisms were totally unacceptable. Some of the words used were inter alia the following:
“pissu gaani”
” Api Me Nonava Methana Thiyagena Methana Thiyagena Madawanawa”
“Babaa” – ” Naa Baba Hukung”,
“Usaviye Nadagam Natanawa”
“Meyaata Adamla Godak Innawa”
“Babaa Wage Hitiyata Babaa Wage Weda Nee”
-
We trust you will agree that such behaviour is inappropriate in any circumstances. It must be even more so when the Respondent is the Chief Justice of the country and a lady at that.

Yours faithfull

Neelakandan and Neelakandan

Read the original letter here

Thursday, December 13, 2012

13 Tamil women recruited for army unexpectedly admitted to psychosomatic unit.

Liberator Becoming A Monster

By Mahendra De Silva -

At least now the Sinhalese Buddhists should understand the damage happening to our county under the present corrupt leadership.

13 Tamil women recruited for army unexpectedly admitted to psychosomatic unit.

Thursday , 13 December 2012

13 Tamil women recruited to the army were unexpectedly during night hours two days back had been admitted to Kilinochchi general hospital. They were suffering from illness hence were taken to the hospital states military.

They are awarded in the psychological unit of the hospital and are undergoing treatment. The medical reports which were taken some weeks back, before their recruitment, establish that the said women were physically and mentally in good state.

The hospital administration did not allow anyone, other than the parents to visit the affected women. The administration also advised, if any intend to visit the patients they should obtain the permission from the military.

At a situation strong reviews are circulated regarding the recruitment of Tamil women to the military, the sudden admission of patients to the hospital has caused severe tension and fear amidst the Tamil society is according to the statements of civil social representatives.

Even politicians are raising serious doubts.

13 female soldiers were admitted to the hospital at 11.30 p.m during night hours two days back. All of them are seeking treatment in the psychosomatic unit of the hospital which is separately allocated. Strict orders had been given that their mother or father could only visit them during visiting hours.

“The patients are attached to the military, hence with adequate permission from military, they could be visited, therefore, we are unable to help”, was mentioned by hospital administration to the "Udayan" journalists.

Military spokesperson Brigadier Ruwan Wanigasooriya informed only seven Tamil women recruited to the military was admitted to the hospital.

It was questioned why they were suddenly admitted to hospital in the night hours, in response he said, “We cannot say whether sickness will occur in the morning or night, when someone is ill only, we could take them to the hospital”.

“Doctors should be inquired from what sickness they are suffering” was further mentioned by him.

Our Reporters inform after the women were admitted to the hospital, more military carrying arms are on duty around the area.

Tamil National Alliance parliament member Sritharan said, he was not given permission to visit the affected women.

109 females were recruited to the military on last month 5th, and after undergoing medical tests, it was ruled out that they are in good health condition and later they were taken to the training camp.

Out of this, 6 females on their consent left the military and others were sent for training to a camp located at Krishnapuram.

Military or hospital administration is unaware the reason for the sudden cause for the psychiatric treatment which is now given to the patients.

Meanwhile some of the parents of the children informed to the "Udayan" newspaper that some of the females are possessed by dead spirits and recently with a priest assistance to get rid of it, were tied a cord and after this they were admitted to the hospital are the stories they heard was said.

Parents inform that they were permitted to visit their children weekly but last Sunday they were not allowed.

Military spokesperson Brigadier Ruwan Wanigasooriya said, during training frequent visits by parents are prohibited which is a military procedure.

Parents in grief informed after the military rejected them of visiting their children this incident had occurred. However they informed they are terribly disturbed and they have appealed the military, they don't mind their children facing unemployment, but they should be released and sent home”.

Liberator Becoming A Monster

By Mahendra De Silva -

At least now the Sinhalese Buddhists should understand the damage happening to our county under the present corrupt leadership.

හමුදාවට බැඳුනු දෙමළ තරුණියන්ට ‘අමනුස්ස දෝෂයක්’

අවසාන යාවත්කාලීන කිරීම : 2012 දෙසැම්බර් 12 බදාදා

රජයේ යුද හමුදාවට බඳවා ගත් දෙමල කාන්තාවන් අතරින් 15 දෙනකු හදිසියේ වැළඳුනු රෝගයක් හේතුවෙන් රෝහල් ගත කොට ඇති බව කිලිනොච්චිය දිස්ත්‍රික් වෛද්‍ය නිලධාරිවරයා පවසයි.

යුද හමුදා නිලධාරීන් පිරිසක් මෙම තරුණියන්ගේ නිවෙස්වලට පැමිණ ප්‍රකාශ කොට තිබෙන්නේ තම දියණියන්ට අමනුෂ්‍ය දෝශයක බලපෑම නිසා ඔවුන් රෝහල්ගත කළ බවයි.

රෝහල්ගතව සිටින තම දියණිය බැලීමට රෝහලට ගිය අවස්ථාවේ සිය දියණිය විකල් වූ සිහියෙන් හැසිරෙනු දුටු බව පවසන පියෙක් ඇතැමෙකුගේ දත් පූට්ටු වී ඇති අතර තවත් සමහරුන් හඬමින් සහ සිනහසෙමින් සිටිනු දුටු බවද දිනසේන රතුගමගේ ට පැවසීය.

සිය දියණිය නිවසේ සිටියදී කිසි දිනෙක මෙවැනි සිහි විකල් තත්ත්වයකට පත් නොවූ බව එම තරුණියගේ පියා අවධාරණය කරයි.

කිලිනොච්චිය දිස්ත්‍රික් පාර්ලිමේන්තු මන්ත්‍රී එස් ශ්‍රීධරන් එම තරුණියන් බැලීම සඳහා රෝහලට යාමට උත්සාහ කළ නමුත් යුද හමුදාව ඒ සඳහා අවසර නොදුන් බව මන්ත්‍රීවරයා පවසයි.

කිලිනොච්චිය දිස්ත්‍රික් වෛද්‍යවරයා මන්ත්‍රීවරයාට පවසා තිබෙන්නේ තරුණියන් පිරිස දැඩි මානසික ආතතියක් මත රෝගීවී සිටින බවයි.

100 කට අධික දෙමළ කාන්තාවන් ඉකුත් මාසයේ යුද හමුදාවට බඳවා ගන්නා ලදි. ඒ අතරින් හය දෙනකු මේ වනවිට හමුදා සේවය හැර ගොස් තිබේ.

රජයේ හමුදා ප්‍රකාශක බ්‍රිගේඩියර් රුවන් වනිගසූරිය බීබීසී දෙමළ සේවය කල විමසීමකදී කියා සිටියේ රෝහල් ගත කොට ඇත්තේ හමුදාවට බඳවා ගනු ලැබූ තරුණියන් හත් දෙනකු පමණක් බවයි.

රෝග ලක්ෂණ හෝ ඊට හේතු තමන් නොදන්නා වග කියා සිටි බ්‍රිගේඩියර් වනිගසූරිය ප්‍රකාශ කලේ දිනකට දෙදහසක් පමණ රෝගී වීම ශ්‍රී ලංකා යුද හමුදාවේ සාමාන්‍ය සිදුවීමක් බව.

13 Tamil women recruited for army unexpectedly admitted to psychosomatic unit.

‘இராணுவத்தில் சேர்க்கப்பட்ட 13 பெண்கள் மருத்துவமனையில்’

அண்மையில் இலங்கை இராணுவத்துக்கு கிளிநொச்சி மாவட்டத்தில் இருந்து சேர்த்துக்கொள்ளப்பட்ட பெண்களில் ஒரு தொகுதியினர் உளவியல் ரீதியான சுகயீனம் காரணமாக கிளிநொச்சி மருத்துவமனையில் அனுமதிக்கப்பட்டுள்ளதாக தெரிவிக்கப்படுகிறது.

இந்த தகவலை உறவினர்கள் மூலம் தான் அறிந்துகொண்டதாகக் கூறும் தமிழ் தேசியக் கூட்டமைப்பின் நாடாளுமன்ற உறுப்பினர் சிறிதரன், அவர்களை பார்ப்பதற்காக கிளிநொச்சி வைத்தியசாலைக்கு சென்ற போது தான் அங்கு அனுமதிக்கப்படவில்லை என்று கூறியுள்ளார்.

இருப்பினும் தான் ஒரு நாடாளுமன்ற உறுப்பினர், தனக்கு தன்னுடைய பிரதேச மக்களை சென்று பார்ப்பதற்கு சிறப்புரிமை தனக்கு உள்ளது, ஆகவே அதற்கான அனுமதி வேண்டும் என்று மருத்துவமனை நிர்வாகத்திடம் தான் கேட்டதாகவும், அதற்கு இராணுவத்தின் அனுமதி தேவை என்று அவர்கள் கூறியதாகவும் சிறிதரன் கூறியுள்ளார்.

இதேவேளை, சுகயீனம் காரணமாக மருத்துவமனையின் அனுமதிக்கப்பட்டுள்ள இந்தப் பெண்களின் உறவினர்கள், அவர்களை பார்ப்பதற்கு அனுமதிக்கப்பட்டதாக பெற்றோர் தெரிவித்தனர்.

தனியான வார்ட் ஒன்றில் 13 பேர் இவ்வாறு அனுமதிக்கப்பட்டுள்ளதாக ஒரு பெண்ணின் தந்தை தெரிவித்தார்.

தன்னுடைய பிள்ளையும் ஏனைய சில பிள்ளைகளும் பேய் பிடித்தது போல ஆடி, பல்லைக் கடித்தபடி மயங்கிவிழுந்ததாகவும் அவர் தெரிவித்தார்.

இராணுவம் கருத்து

அதேவேளை ஒரு சில நிமிடங்களில் அவர்கள் மீண்டும் சுயநினைவுபெற்று இயல்பாக கதைத்ததாகவும் அவர் தெரிவித்தார்.

இராணுவத்தில் சேர்ந்துள்ள 7 பெண்கள் தமக்கு உடல் சுகமில்லை என்று கூறியுள்ளதாகவும், அவர்கள் சிகிச்சைக்காக மருத்துவமனையில் அனுமதிக்கப்பட்டுள்ளதாகவும் இலங்கை இராணுவப் பேச்சாளர் தமிழோசையிடம் தெரிவித்தார். அதே நேரம் அவர்களுக்கு எத்தகைய சுகவீனம் என்பதை அவர் தெரிவிக்கவில்லை.

பயிற்சி காலத்தில் இதுபோல நடப்பது சகஜம் என்றும் தினந்தோறும் இராணுவத்தில் சுமார் 2000 பேர் சுகவீன விடுப்பு எடுக்கின்றனர் என்றும் தெரிவித்தார் பிரிகேடியர் ருவான் வணிகசூர்ய.