“Killings at end stage of Lanka civil war unprecedented’’

It’s an account of the last phase of war in Sri Lanka which left thousands dead
December 17, 2012

The HinduPoet Cheran (right) handing over the first copy of the Tamil version of Frances Harrison’s book to art critic Sadanand Menon (left) at a function in Chennai on Saturday. Photo: R.Ravindran

The sheer intensity, scale and speed of the killings in the last stage of the civil war in Sri Lanka in 2009 were unprecedented in recent times, according to Frances Harrison, journalist, and author of ‘Still Counting the Dead,’ an account of the turbulent phase that left thousands dead.

She was referring to the huge death toll (estimated to be 40,000 and 70,000 according to two UN reports) that happened within 120 to 130 days inside the ‘No Fire Zones’ because of the use of artillery, mortars, rocket launchers and supersonic jets by the Sri Lankan armed forces. Ms. Harrison was speaking at a function at which a Tamil translation of her book was launched.

Quoting a World Bank document, she said one lakh persons were missing between 2006 and 2010 and there had to be an explanation on where these people are. Referring to her interviews with 10 persons mentioned in the book and the countless others she had spoken to, Ms. Harrison said most of them were broken and suicidal after seeing the destruction of lives around them. Reading excerpts from the book, Ms. Harrison described how a priest lost his life due to delay in getting treatment and through a journalist’s account, the final moments of a starving mother who died while breast-feeding her baby.

Noted art critic and writer Sadanand Menon, who received the first copy of the translated work at a function here on Saturday, said the Sri Lankan State had to be made accountable for the horrible crimes. As there was a possibility that Sri Lanka might get away with “war crimes,” Tamils in the mainland must read, circulate and discuss Ms. Harrison’s “testimony” of the final ‘Eelam’ war through the voices of members of different sections of society who were witness to it, using a “dispassionate” narrative, he said.

Poet Cheran, read from his poetry collection Kaadatru, written during the final stages of the Eelam war, and presented the first copy of the translated book published by ‘Kalachuvadu’. Four other poets recited poems on the Eelam struggle and the horrific crimes committed by the Sri Lankan State.

People are heavily taxed; Govt. holds car races – JVP

MONDAY, 17 DECEMBER 2012
The government that levies high taxes from masses is having car races with the money that is plundered and the real state of this fraudulent  government should be exposed to the country says JVP Parliamentarian Anura Dissanayake.

Speaking at a press conference held at the JVP head office at Pelawatta today (17th) Mr. Dissanayake said, “2013 is the 8th year of the Rajapaksa regime. The UPFA has ruled this country for 16 years. What the masses are receiving now are the returns of 16 years of SLFP lead PA administration and 8 years of rule by the Rajapaksa regime.

The masses could be optimistic regarding economic results when any government rules a country for 7 years and goes for an eighth budget. However, during the 7 years of rule of the Mahinda Rajapaksa regime the country was dragged into the deepest economic abyss. The Deputy Minister of Finance Sarath Amunugama has said there is no other alternative to the country other than getting loans and printing money. The expected income of the government for 2013 is Rs.1303000 million. There is a difficulty in a government earning the full expected amount. The income could be often 10% less. As such, the expected income of the government is equivalent to the amount the government expects to get as loans. In other words when the government balances the economy with its income for 6 months it depends on the loans it obtains to spend the balance six months. This is the sorry state the Mahinda Rajapaksa regime has brought our country down to.

Recently the Commissioner General of Department of Probation and Child Care Services had said nearly 40,000 children in Sri Lanka do not receive any education due to severe economic hardships and nutrient deficiencies. This is where Mahinda Rajapaksa has brought our country down to.  On the 11th the Secretary to the Ministry of Finance has convened a meeting of all secretaries to ministries. At the meeting secretaries have been instructed to cut off all re-current expenditure stating that the government is confronted with a severe financial crisis. Instructions have been given to cut off overtime, subsistence and fuel allowances. The state employees make their ends meet from various allowances they get, as the salary they get is very little due to various deductions. Now, P.B. Jayasundara asks secretaries of ministries to cut off these allowances. This government has dragged the masses into a very difficult economic position. Petrol prices are increased under such an environment.

When the stocks of petrol imported by the government during the last month the price of a liter of petrol was Rs.89. A liter of petrol when unloaded at the port is Rs.89. However, it is Rs.159 in the petrol shed. When the petrol reaches the petrol shed its price goes up by Rs.70. This is the tax levied by the government. Levying tax from petrol has become the only source of income of the government.

The port and aviation tax is 5%. Pot charges are 2.79%. Then the liter of petrol that cost Rs.89 at the port goes up to Rs.95.91. The government levies an extra tax of Rs.25. The Petroleum Corporation charges Rs.1.50 as service charges. The profit of the petrol shed owner is Rs.1.25. When profits and service charges are added a liter of petrol would cost only Rs.129. The Corporation adds another profit of Rs.30 to this amount.  Which means Ceylon Petroleum Corporation steals Rs.60 from a liter of petrol. When you pump 2 liters of petrol to your vehicle you pay a tax of Rs.120 to the government.  This is how the government levies taxes from day to day needs of the people and earns its income.

Nearly 80 million liters of petrol are sold every month. If the money that the government cheats from a liter of petrol is Rs.60, it gets a profit of Rs.4,800 million for a month from petrol only. For a year this income is Rs.56,000 million. Petrol, instead of becoming a general consumer item of the masses has become the main source of income of the government. The number of families living in our country is about 5 million. Every family in our country has paid Rs.11,000 as tax for petrol. Nearly Rs.1000 is paid as tax for petrol by every family every month.

The Minister of Petroleum Industries Susil Premajayanthe says the tax is levied for petrol as the Corporation has to incur a big loss due to making available fuel to the Ceylon Electricity Board. 1/3rd of the distribution of fuel in the island belongs to IOC. However, IOC doesn’t give fuel to the CEB. As such, IOC earns a very big profit. We would like to ask from those gentlemen who speak about 13th amendment and the Indian economic expansion whether the government pays a profit of Rs.30 to the Indian company. The Indian company takes away money of the country as dollars. The IOC definitely gives commission to those who take these decisions. What has become government’s priority while petrol prices have been raised? Roads in Colombo are closed and car races are held. There are two million young people who have A/L qualifications. They are unemployed. Offspring of farmer parents have no lands to cultivate. Those who have abilities do not have money to begin a business or an industry. The youth of the country have been trapped in an unemployment debacle.  However, the government spends large amounts of money to hold car races. Colombo city which is the economic center of the country is closed to hold car races. This is an idiotic government that closes the roads of its economic center to hold car races.  This could have damaging effects on our economy.

Normally car races are held in special tracks. However, in Sri Lanka the city which is the economic center of the country is closed to hold such races.

In 2013 budget it is stated that special vehicles used for racing sports will be exempt from import tax. However, Carlton Motor Sports Club orders racing cars even before the budget is presented. ‘Carlton’ is the brand name of Mahinda Rajapaksa family. The whole country knows it. This sports club is the sports club of Rajapaksa’s offspring. They knew tax for racing cars would be reduced from the budget. The father, who is the Minister of finance, has revealed budget secrets to his sons. Is this the conscious of the President? He doesn’t work according to the Constitution or the law of the country but according to his conscious. Do these agree with his conscious?

Carlton Motor Sports Club imports 19 racing cars – 2 Lamborghinis, 1Porsche racing car, 13 Etios Motor Racing Cars and one each of Aston Marti, Nissan Fairlady and Honda Civic. The cost of these cars is Rs.93.3 million. Nearly US$800,000 goes out of the country. As import tax has been removed the country loses Rs.200 million. The tax relief for his sons is Rs.200 million. What kind of a leader is he? The government does not have money to increase the salaries of state employees by Rs.2500. The government that does not listen to the woes of farmers and fishermen has given budget relief to their sons.

When port and aviation tax and port charges are added to import tax the whole amount the country loses due to the import of vehicles for Rajapaksa offspring is about Rs.202.2 million. Not a single cent of this money has been paid. Carlton Motor Sports Club has paid only Rs.2500 to remove 4 containers. They have wriggled through the customs regulation called CARNE  ATA, an international customs document and title guarantee both, used in trade in goods between the Community and third countries, regardless of transport used to facilitate crossing the border for customs and the temporary importation without paid taxes and customs charges. According to this regulation a foreigner could bring his vehicle to Sri Lanka after depositing an amount in a bank. The customs doesn’t make any charges. However, the vehicle should be taken out within 6 months. If the vehicle is not taken back customs duty is levied. Rajapaksa sons have wriggled through this regulation. The Director of Customs can extend the period when the Minister of Finance makes a request. The Minister of Finance is President Mahinda Rajapaksa. Recently the President had said law is equal to all and the law should be implemented without any favour. However, a few days after this statement he says the Chairman of NSB fell into trouble due to a fraudulent share transaction but they intervened and saved him. This is how the President saves his people. What wouldn’t such a President do for his sons?

Many questions come up now. Where did Rajapaksa offspring get Rs.93.3 million to buy racing cars for their motor club? How did Namal Rajapaksa get such a big amount? He is only an A/L qualified person. How did they get a bank guarantee for Rs.2022 million as taxes? Has Namal been employed? These secrets should be revealed to the country. The Galle road was carpeted for car races. Who spent money for it? 15 million sand bags were placed on either side of the road. The money collected from masses as taxes are wasted on these pointless activities. Poor parents in the villages are levied various taxes – fair tax, when a roof is fixed to a lorry a tax of Rs.56,000 has to be paid. The marriage registration fee has been increased from Rs.1000 to Rs.5000. A copy of an old birth certificate could be obtained only by paying Rs.2000. The money plundered from people this way is wasted so that his sons could have car races.

The administration Mahinda Rajapaksa is carrying out is such an idiotic and vulgar administration. The economic crisis is further widened by the wrong economic policies carried out by the government. Shouldn’t the youth of this country oppose this government? It is a government that cannot find employment for youths; a government that taxes the marriages of the youths. Why shouldn’t they have to struggle against these injustices?

The President has said he is a father to everybody. It is only a lie. He is father to his sons and a selected few. He is the step father of other children. Hence, all lies, frauds and bluffs should be exposed.

“Running the Rift” (in Rwanda) By Naomi Benaron

By Laksiri Fernando -December 17, 2012 

Dr Laksiri Fernando

This is a story about a young athlete, a runner, Jean Patrick Nkuba and his family, and it is also a story about the ethnic conflict and genocide in Rwanda. The story begins in 1984, ten years before the actual genocide, in Gihundwe, not very far from the Southern tip of the picturesque Lake Kivu. The nearest town is Cyangugu which you can locate easily on the Google map. The background of the story is the Hutu-Tutsi conflict in Rwanda. Hutu are the majority and Tutsi are the minority. A highly acclaimed novel, “Running the Rift” was published by Oneworld Publishers (London) early this year (2012).

A Glimpse

“Before his first day in primary school, Jean Patrick had not known what Tutsi meant. When the teacher said, ‘All Tutsi stand,’ Jean Patrick did not know that he was to rise from his seat and be counted and say his name. Roger [his brother] had to pull him up and explain. That night, Jean Patrick said to his father,

“Dadi, I am Tutsi.” His father regarded him strange and then laughed.

‘Dadi’ died in a motor accident. He was a Prefect (French) in charge of teachers in Gihundwe. They stayed for a while in official quarters but had to move to uncle Immanuel’s place in Gashirabwoba, not very far from Ginhundwe. Before leaving, one day “the window exploded in a spray of glass.” A second window splintered in few seconds later. “Tutsi snakes!” the shouts were very close. “Next time we’ll kill you!”

Uncle gave them a lesson in history unlike their farther: “Nineteen seventy-three, the year Habyarimana overthrew Kayibanda. All over the country, Hutu rose up to murder Tutsi. They burned down our house, killed your grandparents and your uncle, our younger brother. He turned to Jean Patrick. ‘You were named for him,’ No one told you?”

It was like in Sri Lanka during the war and the conflict; the difference is that the Sinhalese civilians apparently did not kill the Tamils directly after 1983. No doubt that the Rwandan conflict was more horrendous than the Sri Lankan one, but there are obvious parallels. That is one reason why this well written and inspiring novel should be read by all discerning Sri Lankans. It is inspiring for us to reflect on our own prejudices, irrationality of the conflicts and dreadful deeds that they could entail.

Why a novel without reading a human rights report or a book on the subject? The reason is that a novel is more effective and can arouse our conscience as in the present case. This novel however is not a substitute for any factual report or book available on Rwanda but supplementary.[1] In addition, one can enjoy the story running through 365 odd pages of the life of not only the main protagonist, Jean Patrick, but also of others in the family and in Rwanda; their hopes, fears, love, jealousies, generosity, cruelty and failings. It is a good read on the life and culture of this small and picturesque Central African country, similar perhaps to the natural beauty of Sri Lanka and its people, always smiling and enduring their unfortunate destinies due to political calamities.

The Story                                           Read More

2 monks exchange blows

 Monday, 17 December 2012-mirror

 (Mirror) – Two Buddhist monks had exchanged blows at Mulatiyana in Mawarala.

The assaulted monk had got admitted to Matara Hospital.

According to police, he had undergone sexual harassment from the monk who had attacked him for some time.

Villages flooded after heavy rains

Over 150 villagers, including Naula, Kongahawela and Moragolla situated along the Ambanganga in Matale were flooded today, following heavy rains. Pictures show some of the damage caused by the flooding. Pix by Kanchana Kumara Ariyadasa

 An earth slip had occurred on the Kandy-Mahiyangana road near Hunnasgiriya Town today (17) obstructing traffic along the road. The National Building Research Organization says that Kandy, Nuwara Eliya, Badulla and Matale districts will be at risk of disaster situations such as landslides and rock falls, if prevailing showers continue for the next 24 hours. (Pic by Chandana Uduwavala)

VIDEO: EARTH SLIP ON KANDY-MAHIYANGANA ROAD...

An attempt on a lawyer’s life; an attempt to use violence against lawyers opposing the government’s move to impeach the CJ

An attempt on a lawyer’s life; an attempt to use violence against lawyers opposing the government’s move to impeach the CJ

Gunaratne Wanninayaka

A Statement by the Asian Human Rights Commission 
The Asian Human Right Commission has learned that there was an attempt at the life of Gunaratne Wanninayaka, the President of Colombo Magistrate’s Court Lawyer’s Association and the Convener of People’s March. He has played a very prominent role in fighting for the independence of the Bar for several years. He has actively participated against the impeachment move on Chief Justice Shirani Bandaranayake.

According to reports, a group of four persons have tried to follow him and tried to enter his house. He has managed to close the doors and prevent the entry of those persons. It is the view of many lawyers that this is a planned attack and perhaps the group was sent to carry out a mission of kidnapping or, more likely, assassination.

In fact, after the Bar Association meeting, where about 3,000 lawyers gathered last Saturday, the 15th of December, and passed a unanimous decision to oppose the impeachment move by the government and, particularly, the inquiry been conducted through the Parliamentary Select Committee. The lawyers clearly stated that if, without a proper process, the Chief Justice is removed, the bar will not welcome the person who is appointed in her place.

This is the worst defeat that the present government has suffered. It was a prediction by many that there will be retaliation against the lawyers, and particularly those lawyers who have taken active part in pursuing opposition to the government’s unprincipled attempt to remove the Chief Justice as a punishment for her being part of the Supreme Court Bench, which has given an adverse judgment against the government. On the 17th of December, the SLBC Program inappropriately named “People’s Power” carried out a scathing attack against lawyers. This is in retaliation against the vote by Bar Association. The whole method of this program is geared towards and creating hatred against the Chief Justice and all those who are opposing the impeachment move. There is a contempt of court case filed against the commentator of this program, Rajpal Abeynayake.

That the present government and, in particular, the Ministry of Defence, engage with any opponents of the government with abductions and assassinations is well known. The victims of such assassinations are many. The case of Prageeth Eknaligoda, who disappeared during the days preceding the last presidential election, has attracted protests locally and internationally. However, there has been no inquiry and representatives for the government have openly lied on this matter at the last session of the Committee against Torture in 2011. Lasantha Wickramatunge, the Editor of the Sunday Leader, was assassinated in broad daylight. Poddala Jayantha, a journalist, had his legs broken and finally, due to continuous harassment, had to leave the country. At this moment, many students in Jaffna are being arrested, tortured and imprisoned. Those who have suffered such political punishments have to be counted in their thousands.

The Asian Human Rights Commission calls on everyone, particularly all the lawyers of Sri Lanka, to come to the support of their colleague Gunaratne Wanninayaka, who has become a target of this attack.

We also call upon the Bar Associations all over the world to come to support the Bar Association of Sri Lanka, which is standing up for the rule of law, independence of the judiciary and the right to fair trial. In the moments of crisis such as these, it is the duty of the legal profession throughout the world to defend the independent associations of lawyers.

We also hope that the UN Rapporteur on the Independence of Judges and Lawyers, the Commonwealth Secretariat and the Commonwealth Association of Lawyers and Judges, as well as Law Asia, the International Bar Associations and the International Commission of Jurists, and all others who stand up for rule of law and human rights, demand from the Sri Lankan government a credible inquiry into this attack and also a guarantee for the security of Gunaratne Wanninayaka. All the lawyers who have taken an active part in the lawyer’s movement in Sri Lanka for the independence of judges and lawyers should make themselves heard.
AHRC

Two Supreme Court Judges Refuse To Sit With Shiranee At Monday’s Sittings

By Colombo Telegraph - December 17, 2012

Hulfsdorp was agog today with the news that two Supreme Court judges were refused to sit with Justice Shiranee Tillekewardene.

Justices Shiranee Tilakawardane

Justice Tilakawardane was presiding over the bench listed to hear 26 cases at Court 502 of the Supreme Court. The other judges scheduled to sit were Justices Chandra Ekanayake and S.I. Imam. However when both judges did not make an appearance, Justice Tilakawardane who was the only judge in attendance was compelled to postpone all the cases scheduled for the day because of the

Reportedly this refusal was over her testimony before the Parliamentary Select Committee which had engaged in an impeachment inquiry into Chief Justice Shirani Bandaranayake and before which justiceTillekewardene had given damaging views against the Chief Justice.

Justice Tillekewardene sat alone as a single judge and postponed all cases coming up before her. A lawyer who was involved in the anti impeachment protests stated to Colombo Telegraph that this was the silent protest that judges with a conscience should carry out against those who ‘collaborate with the Mahinda Rajapaksa in order to degrade the judiciary’. ‘We should have had this happening a long time ago’, he said.

Senior lawyers say that this was the first time that they had seen a single judge bench of the Supreme Court during their legal careers. “It has never happened before,” another lawyer said.

................................................................................................................

Janaka Ratnayake exposed by Shirani Thilekawardena’s evidence

Wednesday, 12 December 2012 

The President has had to face an unexpected situation following the evidence given by Supreme Court judge Shirani Thilekawardena before the parliamentary select committee (PSC) that probed the impeachment motion, it is learnt.

Thilekawardena was brought to record evidence against the Chief Justice and she had revealed the truth behind the Ceylinco Shriram deal. The evidence had revealed that the irregular activities in the transaction had been carried out by the heads of the bank and Presidential relative, Janaka Ratnayake.

Head of the PSC, Minister Anura Priyadharshana Yapa had immediately informed the President about Thilekawardena’s evidence and had directed the amendment of her evidence. The President had directed Central Bank Governor Ajith Nivard Cabraal to go before the PSC and give evidence to clear Janaka Ratnayake from the Ceylinco Shriram deal.

The Central bank Governor had carried out the directive by going before the PSC and handing a document prepared by him to clear Ratnayake.

Commander in Chief of the Armed Forces and the Editor in Chief of the Republic President Mahinda Rajapaksa giving instructions to the Media - UNP

President meeting editors ( file photo - FT)

 

UNP flays MR, editors for discussing impeachment move 
President Mahinda Rajapaksa should inform parliament how he intended to handle the impeachment issue, the UNP said, while strongly criticising the President for meeting editors of national newspapers at Temple Trees, where the discussion centered on the impeachment.
In a hard hitting two-page statement issued from party headquarters, the UNP said that newspaper editors should have left the meeting immediately after members of the now defunct Parliamentary Select Committee (PSC) which dealt with the issue came into the room. Instead they proceeded to have breakfast with the President.

The UNP was responding to media reports of a meeting between President Rajapaksa and editors of newspapers wherein the President stated that he would have an independent inquiry after conclusion of the Parliamentary process.
The following is the full text of the UNP statement:

The UNP wishes to make the fallowing observations:

Parliament is responsible for inquiring into the matters stated in the Resolution under Article 107 against Chief Justice Shirani Bandaranayake. Therefore the President should inform Parliament and not the newspaper Editors of how he proposes to act in regard to the Resolution. instead, he made this statement at a meeting of newspaper Editors. This is nothing more than a meeting called by the Commander in Chief of the Armed Forces and the Editor in Chief of the Republic President Mahinda Rajapaksa to give instructions to the Media. When the Government members of the now defunct Parliamentary Select Committee came in to the room the Media should have left the meeting. Instead, they proceeded to have breakfast with the President.

Once a resolution is passed under Article 107, the President has no option but to remove the Judge in relation to whom the resolution has been passed. He has no discretion on the matter. If he does not, he has violated the constitution and has to be impeached under Article 38 (2) of the Constitution. Neither is there legal provision for the Parliament to hold an inquiry at that stage. The proposed inquiry is against the Latimer House Principles which envisages an inquiry before Parliament passes a Resolution.

After the 2003 Abuja Commonwealth Heads of Government Conference, countries such as the United Kingdom(Constitutional Reform Act 2005) and New Zealand (judicial Conduct Commission and Judicial Conduct Panel Act 2004) brought in legislation to fall in line with the principles enunciated there.

In the United Kingdom and the United States of America where impeachment proceedings to remove judges originated, there are two Chambers. First, the House of Commons (UK) and the House of Representatives (USA) initiates them process and prepares the articles of impeachment. The Second Chamber, the House of Lords, (UK) and the US Senate then carry out the trial. Our Parliament is an uni-cameral Parliament, ie. it consists of one chamber. In 1984 there were two Select Committees on Chief Justice Neville Samarakoon. The first Select Committee went into the facts. The findings of the Select Committee were as follows;

"Your Committee is of opinion that although the statements referred to above may not bring the entire Supreme Court into disrepute, they are not befitting the holder of the Office of the Chief justice".

The Second Select Committee went into the question whether Chief justice Neville Samarakoon’s conduct amounted to ‘misbehaviour’ under Article 107. They held:

"Every breach of convention does not necessarily amount to proved misbehaviour. The standard of proof required is very high. In all the circumstances of this case, whiled this Committed cannot but condemn this speech we cannot come to the conclusion that the lion. Chief Justice is guilty of proved misbehaviour".

In this instance, there has only been one Select Committee which only accepted charges 1, 4, and 5 of the Resolution. The Select Committee has also admitted that they did not have the benefit of Chief justice Shirani Bandaranayake’s evidence. The Chief Justice withdrew from the Select Committee proceedings as they failed to follow proper procedure and adhere to Article 12 of the Constitution which guarantees equal treatment before the law to every citizen. In this background a Second Inquiry is necessary before a Resolution is presented to Parliament.

Standing Order 78A is silent on the procedure to be followed by the House after the Select Committee Report is tabled. The necessary legal provisions can be made if the Cabinet adopts as an urgent Bill the Private Members Bill titled "Removal of Judges of the Superior Courts" presented by Wijeyadasa Rajapaksa, MP. This can be passed in Parliament on 08 January 2013 without debate making way for the second Inquiry.

Therefore President Rajapaksa and his Government must act within the law according to the Latimer House Principles and hold the inquiry as stated above.

lamborghini-Badagini: The limits Of The Budget Debate

By Kath Noble -December 17, 2012 

Kath Noble

Parliament has become a place where its members go for a free lunch when they have no better offer. And it would seem that MPs receive plenty of attractive invitations, since most of them are rarely to be seen in the chamber, even for a nap on the comfy recliners the Sri Lankan people have so thoughtfully funded, assuming that their representatives would be spending long hours debating the future of the nation.

The Speaker admitted as much last week. There is no point in holding the budget debate, he said, when the responsible ministers are not present.

In principle, he was quite right. Why bother to ask questions about the allocation for higher education when SB Dissanayake is not there to answer or at least to hear what is being said? Suggestions cannot be taken into account in formulating policy if the person taking the decisions is ignorant that they have even been made. And on the day Chamal Rajapaksamade his statement, only four out of the scheduled twenty-two ministries were represented!

However, practically speaking, we should probably breathe a sigh of relief when ministers stay away.

Consider the Parliamentary Select Committee that has been impeaching the Chief Justice. Ministers enthusiastically attended every one of its sittings. But what did they contribute? When they were not callingShirani Bandaranayake names, they were justifying a very obviously unjustifiable process on the pathetically simplistic grounds that what Parliament says goes. There was no debate about the decision to require the Chief Justice to reply to more than 1,000 pages of ‘evidence’ literally overnight. It was simply declared by the ministers present. Likewise, once she had walked out of the proceedings in protest at her treatment, there was no debate about calling the ‘witnesses’ they had previously said would not be available for cross-examination. They arrived within minutes, once the coast was clear. And by the following day, the Parliamentary Select Committee had managed to finish its ‘deliberations’ and prepare a lengthy report (including references to cases from as long ago as 1852!) – more work than any of the ministers had done in the previous year.

But what Parliament says goes. And in this case it said that it didn’t care to give the Chief Justice a fair trial according to the principles that Sri Lanka applies to everybody else (including ministers!).

In any case, the budget debate is generally used by MPs not so much for commenting on the Government’s plan for the following year as for presenting what they hope will be a headline-catching soundbite, on whatever subject happens to take their fancy.

And this time was little different.

The Opposition quickly latched onto a catchy slogan. The budget was summed up with the phrase ‘lamborghinis for politicians, badagini for the people’, which no doubt resonates with the middle class in Colombo. However, it is not really accurate. If things were that simple, Mahinda Rajapaksa would be a lot less popular than he is with the masses.                       Read More 

‘Law College entrance exam results racially-biased’

Mirror

Published on Sunday, 16 December 2012 20:39

 (Mirror) – Results of the Law College entrance examination held last July cannot be recognized in any way as they had been issued in a racially-biased manner, alleged president of the National Intellectual Council Bandula Chandrasekara.

Results of the exam were issued yesterday (Dec. 16) and are posted on the Law College website.

Speaking to Mirror, Mr. Chandrasekara alleged Justice Minister Rauff Hakeem had ‘muslimized’ the judicial field.

According to him, between 11,000 and 12,000 applications are received a year for Law College entrance, but only between 7,000 and 8,000 of them sit for the examination.

The exam is conducted in all three languages – about 80 per cent in the Sinhala, 15 pc in the English and five pc in the Tamil (of which a majority are Muslims) mediums.

The Law College enrolls between 250 and 300 students a year, a majority of them from the Sinhala medium, said Mr. Chandrasekara.

According to yesterday’s results, 309 had passed the exam – 191 Sinhalese, 40 Tamils and 78 Muslim.

In the past years, only between 10 and 15 Muslim students had gained entrance, but this year’s figure of 78 entrants is unusual, he said.

Also, the first three in the list are Muslims, while there are 28 Muslims in the 50 students with the best marks.

The original question paper is in English and later translated into Sinhala and Tamil languages, he said, noting that a majority of the members in the committee that does the Tamil translation are Muslims.

Minister Hakeem has given preferential treatment to Muslims not only in the appointment of judges and judicial staffs, but also in the exam for Law College entrance this year, Mr. Chandrasekara charged.

Since his appointment as the justice minister in 2011, shadows of racism has fallen into the judicial field, he said.

The National Intellectual Council said it cannot accept the results and urged the government to conduct an investigation through the CID to ascertain whether the Tamil question paper had been leaked, and whether Tamil and Muslim students given preferential treatment.

Govt. toughens its stand on CJ issue as crisis grows

"Neethi Kekulu", the annual celebrations with children of lawyers taking part in various events was held recently with Chief Justice Shirani Bandaranayke as the Chief Guest. Here Chief Justice Bandaranayke arrives for the event at the Tower Hall in Maradana. Pix by Susantha Liyanawatta

By Our Political Editor-Sunday, December 16, 2012

= JSA, BASL, Congress of Religions, Commonwealth and international groups issue strong statements
= President says he will act according to his conscience and appoint an independent committee to review proceedings, but expresses different view at meeting with media bosses

Cabinet ministers received urgent telephone calls last Wednesday to turn up at “Temple Trees,” now the official residence of the President, an hour ahead of the weekly meeting that evening.

Soon after they gathered at 6 p.m. a strategy session on how to cope with matters relating to the impeachment of Chief Justice Shirani Bandaranayake began. The immediate focus was a general membership meeting of the Bar Association of Sri Lanka (BASL) scheduled for yesterday.

The BASL discussed further measures to oppose the impeachment and adopted resolutions. One of the resolutions adopted was not to welcome any new appointee to the office of the Chief Justice. The three resolutions are:

• �In the light of the speech made by His Excellency the President on 11th December 2012 to evaluate the report of the Parliamentary Special Select Committee of the impeachment against the Chief Justice through an independent committee, we urge His Excellency to re-consider the impeachment.
• �In the event His Excellency the President and/or the Hon. Members of Parliament who are signatories to the impeachment resolution wish to proceed with it further, we urge His Excellency the President, the Hon. Speaker and the Parliament to formulate and enact procedural laws in relation to removal of the Judges of the Superior Courts while ensuring a fair trail by adhering to principles of natural justice before further proceedings are taken on the said impeachment.
• In the event the incumbent Chief Justice is removed without giving an opportunity to have a fair trial in compliance with rules of natural justice, the Bar Association of Sri Lanka shall not welcome the newly appointed Chief Justice.

Coming in for serious criticism during the Cabinet discussion was BASL President Wijayadasa Rajapakshe. Hence, it was felt that lawyers backing the Government should move a vote of no-confidence against him. Minister Maithripala Sirisena said a co-ordinated campaign should be launched to counter the anti-government campaign by those opposing the impeachment. For this purpose, he said, Ministers and MPs would liaise closely with provincial and local government politicians. They would organise protests outside courthouses in the districts and hold other events to educate the people.

The strategy session was due to conclude when President Rajapaksa arrived for the meeting. In brief closing remarks, he said the Government should watch the developments carefully. What played out at the BASL sessions yesterday appears elsewhere today in the Sunday Times. Thereafter, Rajapaksa and his ministers adjourned to the cabinet room at “Temple Trees” at 7 p.m. for the weekly meeting. Since ministers had aired their views on the impeachment at the strategy session, events at the Cabinet were routine and devoted to the approval of memoranda.Among them was one titled “From Conflict to Stability – 2009 to 2012″ presented by Economic Development Minister Basil Rajapaksa. The report from the Presidential Task Force for Resettlement, Development and Security – a body which he chairs — spelt out matters relating to development activity in the North and the resettlement of displaced persons. It also dealt with major economic and social infrastructure required for long term-economic development in the area. Whilst tabling the English copy of the report, he said the Sinhala and Tamil texts would be released when ready.

Yet, the Government’s and the legal fraternity appeared to be preoccupied with the impeachment resolution. The findings of Parliamentary Select Committee (PSC)’s seven government MPs who held that Chief Justice Bandaranayake was guilty on three counts, continue to generate controversy. At least for a while it appeared that the Government was veering towards softening its stance in the backdrop of severe criticism and discontent.

However, soon the position was officially clarified thereafter and it turned out it had toughened once more. Between the softening and the toughening there appeared to be a political storm within the Government. Here is the sequence of events.

On Tuesday, President Rajapaksa announced that he would appoint “an independent committee and obtain a further report”. His remarks came during a speech he made in Sinhala after declaring open a new building complex for the Institute of Chartered Accountants at Dr. Gunapala Malalasekera Mawatha in Colombo 7. He was responding to the issue which was raised by a previous speaker, Consumer Affairs Minister Johnston Fernando. The announcement did cause ripples in many sectors. There was discomfort among government members of the PSC. They were unsure why another “committee” should conduct a probe on their own findings.

A larger concern was expressed by many parliamentarians, both government and the opposition.
Since the Parliament “is supreme,” they argued that, any other committee or body formally conducting a review of PSC findings would raise serious issues over the supremacy of the legislature. Hence, they contended that it ran counter to the Government’s repeatedly articulated position that Parliament was “supreme”. President Rajapaksa seems to have taken another about-turn towards the hard-line position. The Government’s original position was then re-iterated once more at his breakfast meeting on Thursday morning with editors of national newspapers, heads of television and radio stations.
Taking the centre stage at the event were PSC Chairman Anura Priyadarshana Yapa and its six government members. First to edited excerpts of an English translation of what Rajapaksa said at the Institute of Chartered Accountants:                                    Read More