Tuesday, January 15, 2013

New Sri Lanka chief justice Mohan Peiris sworn in amid opposition

15 January 2013

Sacked Sri Lankan chief justice Shirani Bandaranayake (R) looks out from the front door of her private residence in Colombo January 15, 2013

Shirani Bandaranayake (right) was able to speak to the media despite the close attention of police

Sri Lanka's president has appointed a close ally to replace the chief justice who was sacked two days after being impeached by parliament on Friday.

Former attorney general and senior government legal adviser Mohan Peiris was appointed on Tuesday to replace Shirani Bandaranayake.

Her removal was pronounced unlawful by the courts and condemned by the opposition and many lawyers.

Ms Bandaranayake said on Tuesday that her life was in danger.

The BBC's Charles Haviland in Colombo says that the former chief justice was able to tell journalists from her car as she left home that her life and those of her husband and son were in danger, despite police attempts to stop her speaking.

In a statement released on Tuesday she said that "the very tenor of [the] rule of law, natural justice and judicial abeyance has not only been ousted, but brutally mutilated".

She added: "I have suffered because I stood for an independent judiciary and withstood the pressures."

Describing the accusations levelled against her as "blatant lies", she said that she was "totally innocent of all charges".

"Since it now appears that there might be violence if I remain in my official residence or my chambers, I am compelled to move out of my official residence and chambers," she added.

The government denies it turned against her after some unfavourable judgements.

'Unconstitutional'

Ms Bandaranayake, 54, faced a parliamentary committee late last year which investigated charges of financial and official misconduct against her. It found her guilty of three out of 14 misconduct charges.

But two recent court rulings found the impeachment process was unconstitutional.

On Sunday President Mahinda Rajapaksa ratified parliament's vote to impeach her.

But she is still being recognised by most lawyers, many of whom have condemned her removal as politically motivated.

Security forces were present at the Supreme Court and police sources told the BBC that they had instructions not to let Ms Bandaranayake in amid fears she would refuse to step down.

Parliament, dominated by the president's supporters, voted on Friday to remove her.

Our correspondent says that the government's disregard for court rulings in her favour has triggered international and domestic dismay.

An umbrella group of lawyers has said that it does not accept the dismissal and the Commonwealth has said it is deeply concerned.

The US state department has also said that the impeachment "raises serious questions about the separation of powers in Sri Lanka, which is a fundamental tenet of a healthy democracy".

But the government has also repeatedly brought thousands of its supporters to the streets declaring Ms Bandaranayake corrupt - a message echoed by the obedient state media, our correspondent says.

SC Judges: Beware Of Your Constitutional Obligation To The People

By Vishvamithra -January 15, 2013

Chief Justice

Those who are in the ‘inner circle of the judiciary’ are fully aware that in the recent past the incumbent Chief Justice, had turned down 6 or more improper requests made by the President Rajapaksa to meet him at the temple trees. It is important to mention that all this requests had been made only after the Supreme Court declared number of Bills presented to the Parliament unconstitutional. Inner circle also well aware that, when the CJ refused to meet the President, he had uttered that ‘okiva othanata genaweth mama okiva othanin elavanneth mama’, condemning the CJ’s stand.

Sri Lanka is a democracy at least on paper and there is no contitutional tradition that allow the President to summon the judges of the Apex Court which is seen as an act of showing President’s almighty powers to the judges, that is clearly improper as the Apex Court and the Court of Appeal belong to a separate arm that is Judiciary, over which the Executive has no power or authority whatsoever. After all in Sri Lanka the head of the State is the President, unlike queen in the UK, he is not merely ceremonial head.

The role of the judiciary being the ‘watchdog’ of the people is nothing new and it is well documented. More than any average layman the judges of the Apex Court are fully acquainted with the aphorism “Not only must Justice be done; it must also be seen to be done. And if the judges compromise or give the impression to the people, whose inalienable judicial power they exercise, that only carry a wrong message to the people and naturally they would loose their confidence and trust placed in the Judiciary.

Apparently, this is why the CJ refused to abide by the ‘request’ made by the President Rajapaksa to meet him, because she knew that the head of the judiciary has no business with the Executive in the administration of justice and she was not allowed under the law to compromise her integrity with the Executive President.

When the CJ refused the meeting the President went in the air and informed the public that he invited CJ to discuss the budget allocation for the judiciary and not invited her for anything else. That is clearly a blatant lie, because the CJ has no business with any such discussion that is executive in nature, which the President in his capacity of the Minister of Finance should have been discussed with the Secretary to Ministry of Justice.

The whole nation is fully aware that after the President served the CJ the letter of termination of service, which is ab initio void and hence had no legal effect, hardly 24 hours after Parliament passed a controversial impeachment motion against Chief Justice Bandaranayake, the President once again committed another blunder. Now abusing his mighty executive power, effectively intimidates the remaining judges of the Supreme Court and the Court of Appeal summons the judges to the President’s Office. All right-thinking people of this country steadfastly condemn this cowardly act by the President, particularly since he had used this meeting to inform the other judges that there was still time for Chief Justice Shirani Bandaranayake to retire with full pension rights and urged them to inform his stand to the CJ, which they have refused to comply with.

Shirani Leaves, She Was Not Allowed To Make A Statement To The Media

By Colombo Telegraph -January 15, 2013

Impeached Chief Justice Shirani Bandaranayake is preparing to leave her official residence at Bauddhaloka Mawatha around 4.00 pm today. A heavy police guard stationed in the area and there are police officers inside the official residence . Police informed media personnel present at the scene that Bandaranayake would not be allowed to make a statement to the media outside her official residence or anywhere near it.

A short confrontation occurred between media personnel and the police, when reporters questioned how pro-Government protesters were permitted to boil milk rice and agitate in front of her official residence on Friday. Lawyers say Bandaranayake is expected to leave the official lodgings in a short while.

Photo by Sanka Vidanagama

Why Mohan Peiris instead of Shirani? Sarath N.Silva is in dismay!

Tuesday , 15 January 2013

“We voiced and supported because we felt politics did not exist in the issue of removing Shirani Bandaranayake from the Chief Justice position. But now we feel that we have voiced for an erroneous issue because government has decided to appoint Mohan Peiris as Chief Justice. The present situation is like giving ginger and buying pepper”.

Such statements were made by former Chief Justice Sarath N.Silva. He commented about the appointment of Mohan Peiris as Chief Justice, said, I object to the attempts made in appointing Mohan Peiris succeeding Shirani Bandaranayake.

I stood neutral and gave my opinions to the impeachment against Shirani without getting avaricious for any state positions or luxuries.

Impeachment against Shirani is not political based, but it was concerning to some administration problems was stated; hence I explained some issues by getting engrossed in this issue.

But now look at the state. Everything has gone upside down. I feel that I have done a mistake.

An impeachment brought and the removal of the Chief Justice in a history in Sri Lanka. Is there any one eligible to be appointed to that position? There are judges in the High court who are like expertise professionals.

Judges Shirani Thilakaratne, Gamini Amarathunga, Marzook, Sribawan and Ratnayake are much superior and why one of those was not appointed.

Controversies appeared when Mohan Peiris was appointed as Attorney General. Some filed cases. He held all the positions in all regimes.

Concerning Journalist Ekanaliyagoda’s abduction issue, the controversy statements given by him to the UN human rights Commission, brought disgrace to our country. Hence I object in the decision to appoint such personnel.

The statements given by me in the issue of impeachment, government took the advantage of this and I feel the government has gained benefit.

On the backdrop of impeachment the people trusted that there is no politics, but now they would have realized that it is a mistake of their belief.

Mohan Peiris appointed instead of Shirani is like giving ginger and buying pepper is a Sinhala proverb was further mentioned by Sarath N.Silva.

Violence Against Citizens At Hultsdorf

By Fr. Sarath Iddamalgoda -January 15, 2013

Fr. Sarath Iddamalgoda

The government’s behavior in handling the impeachment motion demonstrates that it has no respect for the rule of law. Although, its spokesmen repeatedly declare that everything was done according to the law it has failed to convince the legal community and the civil society within and outside the country.

Another clear instance of government’s disregard for the rule of law is the violence unleashed on the peaceful demonstrators on the 10^th January by the political goons sponsored by the government.

Those thugs with poles and stones in hand arrived there with a clear purpose of committing violence. Indeed their violent actions were really shocking.

The fact that they were committing those criminal activities in the presence of hundreds of police officers placed there to maintain law and order, was most surprising. The police inaction to prevent such attacks amounted to police giving protection to those criminals.

This surely would not have happened unless the police had orders from the higher political authorities, to allow a free hand to the attackers and overlook the crimes they were commissioned to commit. The behavior of the attackers in the streets of Hulsdorp betrayed the fact that they had the blessings of the authorities and had enjoyed the privilege of total immunity.

Can this happen in a democracy? The right to a peaceful protest is an intrinsic part of a democratic society and is a long and respected tradition even in Sri Lanka. The freedom to hold peaceful demonstrations is a right guaranteed by the constitution. According to the chapter three of our constitution every citizen is entitled to the freedom of speech and expression and the freedom of peaceful assembly.

Therefore everyone who loves democratic traditions should immediately condemn this attack by the Government’s goons and the failure on the part of the State to provide protection to its citizens who arrived there to express their views in the form of a peaceful assembly which is one of their fundamental rights guaranteed by the constitution.

Now the attack has already taken place. One of the unfortunate victims was Thilak Kariyawasam. Fortunately, he was physically strong enough to face the numerous brutal attacks made by the goons with their hands, legs and sticks. Anyone else he would have died on the spot.

The Police if interested can easily identify the attackers from the images provided by the media. But no action has been taken so far against these brutal attacks. The citizens ought to thank the media personnel for publishing the images of the political goons attacking the peaceful protesters at the hills of Hultsdorf.

Referring to the Chief Justice, the government spokesmen have been heard to reiterate that every wrong doer has to be punished. Although the allegations have not been proved, she has been punished in an illegal manner.

But no action has been taken against the wrong doers who committed violent criminal acts on those who came to demonstrate in the defense of the independence of the judiciary.

Does it mean that the government is giving a message to the citizens of this country that it has no respect for citizens’ rights and is prepared to unleash goon violence to crush any opposition to its hegemony? This is a sign that we are going to be ruled by political goons!

Monday, January 14, 2013

‘Mervyn would’ve killed us all’

By Lashane Cooray-2013-01-13

Chairman of the Kelaniya Pradeshiya Sabha (PS), Prasanna Ranaweera, expressed gratitude to President Mahinda Rajapaksa, for accepting the resignation of Minister Mervyn Silva from the post of Sri Lanka Freedom Party (SLFP) Organizer of Kelaniya, and alleged the minister would have killed them all, if he remained in the position.

Addressing a media briefing in Kelaniya yesterday, Ranaweera alleged Minister of Public Relations, Mervyn Silva, had the intention of killing all politicians who stood against him in Kelaniya. “It was reported that one of the main suspects, who was involved in the murder of Hasitha Madawela, has confessed that other PS members, including myself, would have been targeted if the suspects were not taken into custody. The confession clearly shows that Madawela was not murdered over personal reasons. We also have reason to believe that his murder was carried out as a result of a contract worth Rs 3.5 million, given by none other than Minister Silva himself,” Ranaweera alleged.

He claimed that Madawela was murdered due to his good services in improving the living conditions in Kelaniya.

“We were working towards freeing Kelaniya from the intimidation of Mervyn Silva. We demand the arrest of Silva over the killing of Madawela. Our lives are in danger as long as Mervyn Silva is allowed to move around freely,” Ranaweera claimed.

“We would like to thank President Rajapaksa and Secretary Defence, Gotabhaya Rajapaksa for arresting the suspects within 24 hours of the murder. We also ask that the now vacant position of organizer for Kelaniya be filled as soon as possible, so that we may work together towards furthering the wellbeing of the Kelaniya people ,” he said.

PS member Lanka Wijitha Kumara, Peliyagoda Urban Councillor Dharshana Ambawatte and Kelaniya Pradesheeya Sabha Vice Chairman, Chamila Dumidu, were also present at the briefing.

Government's systemized conspiracy is explosives seize drama. Sritharan MP

Monday , 14 January 2013

Tamil National Alliance Jaffna district parliament member Sivaganam Sritharan said, his office was suddenly cordoned and the explosive drama staged by government is a systemized conspiracy.

Parliament Member Sritharan was queried about the incident of explosives including pornographic CDs from Sritharan MPs office on Saturday he made the above statement.

He said, a team of 50 persons suddenly cordoned my office on Saturday located at Kilinochchi and began to go through the documents from the office.

They did not possess court order or police permission to investigate. From evening 3.00 p.m till 8.00 p.m the search operation was conducted.

They had called Tamil National Alliance Kilinochchi District Organizer and has showed him an object like sweet ball and had said, it is the remedy for producing explosives.

Later the CD which was brought by them they had put it on the screen and established that pron CDs was in his possession and had arrested the organizer. Now it is known that he is detained at Vavuniya.

During search operation, independent journalists were not permitted and only State Medias accompanied them.

Meanwhile previously arrested person has resigned six months back. I being the people’s representative was not notified about the search operation conducted in my office. The above search operation is government's systemized conspiracy act was further mentioned by him.

SLA ex-officer testifies on orders to plant bomb at TNA MP's house in 2008

[TamilNet, Sunday, 13 January 2013, 20:27 GMT]

A former commissioned officer of the Sri Lanka Army (SLA), testifying to the Canadian Immigration officials after fleeing to Toronto from Sri Lanka, said that a Colonel of the SLA had ordered him to plant bomb materials in the home of Mr M K Sivajilingam, a Tamil National Alliance parliamentarian in 2008, reports a Canadian newspaper, the National Post, on Sunday. The revelation gains significance in the context of alleged ‘recovery’ of explosives at the office of a current TNA parliamentarian Mr S Sritharan last week.

The former commissioned officer of the SLA, 38-year-old Captain Ravindra Priyashantha Watudura Bandanage, coming from Galle in the southern province of Sri Lanka, also testified that he was aware of torture and other crimes carried out by SL government forces against Tamils, and that he knew that the SLA was torturing, beating and raping civilians, the Candian media further reported.

Bandanage recounted how, in 2008, a colonel had told him, “[...] there is an order in regards to this MP, there’s an order from the Defence Ministry”.

“[…] I was asked to go to this MP’s residence and place some explosive material and detonator, and maybe they had planned to blame him for something and make him leave that area and to do something in that area that way or maybe they wanted to get rid of him,” the National Post said quoting Bandanage.

The Sri Lankan forces routinely framed government opponents during the war to discredit them and justify their arrests, said Gary Anandasangaree, a Toronto lawyer who has been making presentations about human rights violations in Sri Lanka to the UN Human Rights Council in Geneva. But he said it was “rare” to hear such an account from a former soldier, the National Post cited.

On January 12th this year the Sri Lankan “Terrorist” Investigation Department (TID) personnel, who receive instructions from SL Defence Secretary and presidential sibling Gotabhaya Rajapaksa “recovered” C4 explosives from the office of the Tamil National Alliance parliamentarian Sritharan in a move to trap the Tamil parliamentarian, sources close to the TNA MP told TamilNet.

The ex-SLA officer, who had spent 16 years in the SL Army was seeking asylum in Canada fearing for his life as he had complained to SL police about a prominent politician and his connection to drugs and prostitution.

The case of the ex-SLA officer was dismissed by the Federal Court of Canada last week on grounds of his ‘ineligibility’ for refugee protection as he was complicit in crimes against humanity.

While citing human rights and media sources that gave importance to the testimony of the ex-SLA officer, the National Post was saying that there has been mounting evidence for the atrocities committed by both sides in the Sri Lankan conflict.

“We remain tremendously concerned about the lack of accountability for the actions taken by both parties at the end of the war,” the National Post cited Canadian Foreign Affairs Minister John Baird telling on Friday.

A senior politician of a national political party in India commented some times back that comparing the ‘atrocities’ committed by ‘both sides’ is like comparing an earthen pot with an elephant.

The establishments and the media in the West do not actually need to depend on petty evidences as such that had come from the ex-SLA officer. They have all the sources for knowing how the war against all norms of humanity had been conducted at the globally topmost level. But, insignificant trumps are exposed, exploited and punished to suite orchestrated agendas while the fat ones are shielded and white-washed and while the core issue is never recognised, was the comment of a Tamil political observer in Jaffna.

SLFP threatens Tamils filing cases against Sinhala land grab in Ki'linochchi

[TamilNet, Sunday, 13 January 2013, 23:12 GMT]
Sri Lankan President Mahinda Rajapaksa's ruling Sri Lanka Freedom Party (SLFP) men in Ki'linochchi have been threatening the Tamil land owners who have been filing cases against the Sinhalese from South who have occupied their lands. The SLFP men are behind ‘providing’ lands to the family members of the Sri Lanka Army soldiers and other Sinhalese from South. At least 15 cases are pending the Ki'linochchi courts against illegal land grab of priviate lands by the Sinhala settlers from South, legal sources in Ki'lnochchi told TamilNet.

A family of the occupying Sri Lanka Army (SLA) soldier has been illegally settled in the lands belonging to the Irrigation Department, at Karadip-poakku Junction in the suburb of Ki'linochchi town since December 2012.

While the Irrigation Department officials are struggling to get the occupying family to vacate the lands, the family has built a house and a restaurant at the occupied lands with the backing of the SLA and the SLFP.

Even the Health Department officials are unable to take any action against the occupants of the land.

In the meantime, another family from South has been settled inside a private land near Karadip-poakku junction. The land owner, a Tamil family man from Jaffna, complained with the SL Police that his land has been encroached.

However, the occupying family, backed by the SLFP gang, has filed a case claiming that the said land is their property.

In the meantime, the SLFP men in Ki'linochci are grabbing more lands of Eezham Tamils in Ki'linochchi district to settle Sinhala families from South, especially in Chivanakar, Uruththirapuram and along the spill canals of the Ira'naimadu Tank, news sources in Ki'linochchi further said.

Student body found.

Monday , 14 January 2013

Student aged 16 identified as C.Umashankar went missing after he went to have a dip at the Keerimalai Senthanpond locality sea yesterday morning. He is a resident of Maagiyapitti was found as corpse.

Two students from Alawetti Arunodya College studying in the G.C.E Ordinary level was bathing in the sea had been pulled by current.

One was rescued but the other was not able to rescue until night on Saturday.

In this situation the missing students was found as corpse 200 meters distance away from the coast by the fishermen.

Sri Lankan sentenced to death in Doha

A Sri Lankan has been sentenced to death by a court in Doha after he was found guilty of killing an Indian.

Wengadasalm Sudeshkar (22) was charged with stabbing and killing an Indian expatriate. The incident occurred in 2011.

Sudeshkar came to Qatar in 2010. The case is in appeal and a higher court is hearing it.

The court case here has generated media interest in Sri Lanka, the home country of the accused. According to a media report, the family of the victim is ready for a negotiated settlement to the case and has demanded more than QR100,000 as blood money.

However, as per Qatar’s laws if the murder was in cold blood and pre-mediated, no out-of-court settlement is permitted. Such settlements are allowed only in deaths caused accidentally.

The Sri Lankan embassy in Qatar, when contacted, said it was yet to be officially informed about the court judgment.

“We are aware about the verdict but haven’t received any official communication in this regard,” a senior embassy official said on grounds of anonymity.

Embassy officials were, meanwhile, quoted by the Sri Lankan media as saying that details of the case had been forwarded to the external affairs ministry in Colombo and that the ministry was taking steps to get Sudeshkar released. (The Peninsula)

Nambiar, India's proxy in UN, complicit in white flag killings?

[TamilNet, Saturday, 12 January 2013, 23:55 GMT]
While the International Community which, blinded by the 9/11 terror, architected the annihilation of Tamils' primary safeguard, the LTTE, is left to savor the resulting horror state and the autocratic dystopia in Sri Lanka, Rights groups have accused the U.N. of being derelict in its duty to protect civilian lives. Vijay Nambiar, the Chef de Cabinet, who was a key official in shaping UN's Sri Lanka policy, is also accused of complicity in the "Whiteflag" incident where several surrendees were executed by the Sri Lanka military after being given assurances of safety by International actors. Nepotism and family connections between Ban Ki Moon and Nambiar, with personal links to India and Colombo, may also have contributed to the U.N.'s unwillingness to stop the Mu'l'livaaykkaal massacre, observers say.

Vijay Nambiar previously served as Deputy National Security Advisor to the Government of India and was the Head of the National Security Council Secretariat. Earlier he served as Ambassador of India in Pakistan, China, Malaysia, Afghanistan, and Algeria.

Nambiar's brother, Satish Nambiar, retired as a Lieutenant General of the Indian Army was a defense advisor to Colombo during the period when the adversaries were involved in the early phases of negotiating a ceasefire. Satish Nambiar served in the Indian Army during Indo-Pakistan wars of 1965 and 1971, and achieved international recognition as the first Force Commander and Head of Mission of UNPROFOR, the United Nations Protection Force in the former Yugoslavia.

Besides Yukio Takasu and John Holmes, Vijay Nambiar is widely seen as the key third U.N. policy maker who guided the U.N. actions implemented on Sri Lanka's battle ground that brought humanitarian disaster to Eezham Tamils, Tamil activists say. India and China's pressure on the UN Secretary General's contributed to Ban's reticence in taking action against Sri Lanka, France's Ambassador, Gerard Araud, was to say later.

"The U.N. Secretary General is not an agent of the Security Council. Rather the Secretariat is one of 6 Independent Organs of the UNO," says Prof Boyle, an expert in international law, noting a recent interview where Nambiar wrongly said "United Nations works according to the mandates laid out by the Security Council or the General Assembly."

Observers say, however, that Nambiar's mind reflected a tendency to assume a passive posture, and to hide behind the authority of the Security Council, in his reckless disregard to the lives of Tamil civilians, even while admitting that "in between those [U.N.'s] mandates there is a lot the UN Secretariat can do pro-actively, and that is the biggest challenge."

Nambiar's "silent diplomacy" undertaking a visit to Sri Lanka during the fateful last months of the war, his alleged complicity in the involvement of the whiteflag incident, and his refusal to brief the UN Security Council nor to provide a media briefing evoked controversy, reports from the U.N. journalists say.

Report of the Secretary-General’s Internal Review Panel on United Nations action in Sri Lanka

UN's Petrie report on UN's inaction during the last stages of the war, documents Holmes and Nambiar jointly pressuring Navi Pillay of UNHCR to desist from publishing estimated casualty figures that would put UN in to a “difficult terrain."

When asked why the report had sections blacked out, and there is no mention of Ban's envoy Vijay Nambiar and his role in the so-called White Flag Killings of surrenders Tamil Tiger leaders, UN spokesperson declined to respond, according to ICP.

Petrie Report said "an estimated 360,000 or more civilians were crowded into an ever smaller part of ‘the Wanni’ area of Northern Sri Lanka where many died as a result of sustained artillery shelling, illness and starvation. Almost 280,000 survivors were forcibly interned in military-run camps outside," implying more than 80,000 civilians may have been killed in the Mu'l'livaaykkaal massacre.

Nambiar UN conduct on Sri Lanka, IDPs and War
Key Thematic Nambiar factors	Video, News Report Links	[Start Time] Key Points
Background: UN's view set by Takasu, Nambiar's mindset and Tamils view of the conflict	1. ICP video on UN inaction on Sri Lanka 2. Audio: BBC Newshour with TAG 3. Takasu laidout policy (TamilNet) 4. Nambiar talks on UN power in the last part	The inaction of the UN, primarily the Secretary General and his Chef de Cabinet from 2007 to 2012, Vijay Nambiar are shown in the videos. - While Vijay Nambiar praises the flexibility and freedom that UN bureaucrats have over national bureaucrats (of States) and that UN Officials who have been imaginative, have been able to initiate a lot of action, Nambiar is faulted for not being proactive in preventing human catastrophe in Mu'l'livaikkaal, and being reluctant to have his ideas, actions critically scrutinized. - Nambiar is accused of ignoring the perception of conflict of interest while acting as chief envoy to Ban Ki Moon on Sri Lanka conflict due to the biased stand of India against Tamils (LTTE), and personal interest in his brother's close nexus with Colombo ruling family. - Nambiar has also been accused of (a) working behind the scenes to sanitize UN Panel report and Petrie Report, (b) working closely with Palitha Kohona, and (c) complicity in surrendee killings the factual details Nambiar was hesitant to reveal.
Nambiar's conduct during final phases, reluctance to face critical review of conduct	1. ICP Video on Civilian Deaths 2. ICP: Bloodbath briefing 3. ICP: Nambiar's confidential trip 4. ICP: Nambiar meets Sri Lanka AG 5. ICP: Nambiar's quiet diplomacy 6. ICP: Nambiar keeps UN waiting	Nambiar's important visit to the conflict zone occurred around 16th April 2009. - Many in Ban's inner circle wondered if it is wise to send an Indian for the job, given India's large Tamil population and response to the assassination of Rajiv Gandhi. - Nambiar's ties with the Chinese, is what has made Sri Lanka feel comfortable. Nambiar was India's ambassador to China, and speaks fluent Chinese. - 21 April 2009 Nambiar left Sri Lanka after Mahinda Rajapakse rebuffed a request for any pause in the military assault, and reportedly told Nambiar not to attempt any contact with the LTTE. - HRW says military commanders haven't been told clearly enough they may be held accountable for war crimes. - April 21: Even after China and Russia, agreeing to an "informal interactive dialogue" with Mr. Nambiar. Nambiar views the matter as "too sensitive" even for discussion behind closed doors. - Nambiar argued that as a "mediator," what he discussed with Sri Lanka's president Mahinda Rajapaksa and his brothers was "confidential," even from the Security Council. - Later Nambiar continues to actively participate in selecting and managing UN Panel report release and the Petrie report.
Panel report, collaboration with Kohona despite perceived conflict of interest	1. UN Whiteflag questions Video 2. Nambiar and Kohona 3. Nambiar describes whiteflag killings 4. Nambiar's conflict of interest	UN's panel on accountability for war crimes is being put together by Nambiar, with his already controversial role in the final stage of the "bloodbath on the beach" and Sri Lanka's Palitha Kohona. - UN Special Rapporteur on Summary Execution Philip Alston submits questions to Sri Lankan government on white-flag incident, but not to the UN where Nambiar himself is at least a witness. Why is Nambiar putting together the panel on accountability? - Panel's reports, troublingly, does not disclose the involvement of Nambiar in the whiteflag incident, instead refers to a UN intermediary. - 12 April 2011: ICP asks if Nambiar, given his role as described in the ICC filing, will be recused from Ban's decision making on what to do with the Sri Lanka report.
Complicity in White-flag killings	1. Video: Kohona denies whiteflag killings 2. Nambiar's Al Jazeera interview on whiteflag killings 3. ICC filings Nambiar as co-conspirator 4. Whiteflag murders 5. Alston questions whiteflag murders 6. ICP: Nambiar on whiteflag after Colvin's death	- Nambiar's role in Sri Lanka became more controversial as 2009 progressed, including him telling surrendering LTTE leaders that if they came out with a white flag they would be fine. They were, in fact, shot and killed -- at the order of the Rajapaksas, according to imprisoned General Sarath Fonseka. - At one point in the ICP video Kohona spontaneously says Nambiar was at a reception while the surrendee discussion was taking place. Then Kohona appears to realize that his recollection was too good [and that he unwittingly exposed that he knew exactly what was happening when the killings were taking place], and claims that his memory is not very good. Claiming that he has no memory is a standard ruse to avoid criminal knowledge. Communication with (now deceased) Marie Colvin before surrender agreement reveal Nambiar was not taking a proactive role to be present at the site of surrender because was at a reception (celebrating?) - Nambiar says he was assured they would be treated like normal prisoners of war by Mahinda Rajapaksa, Gotabaya Rajapaksa, and Palitha Kohona, currently Sri Lanka's Permanent Representative to the UN. - May 25 2009: Mr. Nambiar's belated defense is that they may have been killed in crossfire or by the Tamil Tigers - May 28, Mr. Kohona tells ICP he never provided such assurance. This account differs from what Nambiar told Al Jazeera - Nambiar is named as possible co-conspirator in a war-crimes filing with the ICC by two Tamil groups. “a basis to question whether Vijay Nambiar was in fact an innocent neutral intermediary or in fact a co-perpetrator within the negotiation related community - UN is mute to admission by Sarath Fonseka of orders by Gotabhaya Rajapaksa to kill those who sought to surrender - Mahinda Rajapaksa is named by the New Yorker as having personally approved the Nambiar negotiated surrenders which ended in death.
Nambiar and Petrie Report	1. ICP: Petrie-blacked out, Nambiar absence 2. Petrie Report	- Petrie report documents Holmes and Nambiar jointly pressuring Navi Pillay of UNHCR to desist from publishing estimated casualty figures that would put UN in to a “difficult terrain." - Petrie report estimated that more than 80,000 civilians may have been killed in the Mu'l'livaaykkaal massacre.
Convergence of policy and beneficial family connections of India, Ban Ki Moon, Nambiar (Vijay, Satish)	1. Colombo media on Moon, Nambiar, India nexus 2. Bogollagama requests Nambiar's favor 3. Satish Nambiar's involvement in Sri Lanka	While nepotism in highlevel appointments to Indian-born ex-Army officer Siddarth Chatterjee who is Ban Ki Moon's son-in-law, Colombo papers speculated that India may also applying pressure on anti-Tamil struggle posture on SG through his son-in-law. 2. Nambiar nepotism followup: On March 5, ICP revealed that Sri Lanka's foreign minister wrote to Nambiar, seeking a job for his own son with the UN Secretariat, indicating close nexus between Colombo and Nambiar. 3. Brother of Vijay Nambiar was a paid defense consultant to Colombo during the early phases of the CeaseFire advising Colombo on LTTE's long-range capabilities. 4. As an Indian bureaucrat who held ambassadorial post to China, Nambiar cannot be impartial to India's anti-Tamil stand in the historical enmity to the LTTE after the Rajiv Ghandi assassination.

Source: UN video archives, Wikileaks, ICP Reports

President has no authority to remove the Chief Justice. The removal order is void as the resolution passed by the Parliament is unconstitutional

(Lanka-e-News -14.Jan.2013, 11.30PM) The Sri Lankan Supreme Court has declared the parliamentary select committee impeachment proceedings were unconstitutional. The Sri Lankan Parliament disregarded the highest court’s decision and adamantly passed the resolution.

President accepted the unconstitutionally passed resolution and signed the order to remove the Chief Justice of Sri Lanka.

It is well settled law that when the court declares any act to be unconstitutional, all subsequent related proceedings becomes void.

The President has no authority to remove the Chief Justice at this time and he has violated the Constitution. Constitution states that President can be removed for intentional violation of Constitution.

The real issue will arise when the President appoints the new Chief Justice.

Of course the new Chief justice will be a lawyer who is admitted to the Sri Lankan Bar and is subject to Supreme Court’s rules.

No lawyer can act against the Supreme Court decision and against the Constitution.

When new chief justice is appointed the present Chief Justice Bandaranayake has a legal remedy to go forward before the Supreme Court to challenge the appointment made by the President.

The Chief Justice’s constitutional rights have been violated and under the Constitution she has a fundamental right action before the Supreme Court.

The New Chief Justice is a party and he has a right to justify his appointment.

The obvious result will be to declare the Parliament resolution is unconstitutional and the appointment by the President is void.

Because the President has overstepped the constitutional authority he is enjoining.

New Chief Justice has no other option except to honor the court. Otherwise he or she is liable for contempt of court. In addition that person may lose his attorney license to practice law.

Unconstitutional act is against the public policy and cannot be enforced anywhere except doctorial regime where the gun and the bullet are supreme not the constitution.

By Premalal Ranasinghe (New York)

THE MAN WHO FOOLED THE WORLD NOMINATED AS NEXT ‘CJ’ IN SRI LANKA

A liar is about to take an oath before an executive liar; while incumbent Chief Justice decided to continue her job according to the law

SHAME! SHAME!! SHAME!!!

(January 14, 2013, Colombo, Sri Lanka Guardian) Mohan Peiris, a former Attorney General and currently Legal Adviser to the Cabinet of Ministers has been nominated by President Mahinda Rajapaksa to be the next Chief Justice of Sri Lanka.

His name has been submitted to the Parliamentary Council headed by Speaker Chamal Rajapaksa under the 18th Amendment to the Constituion that replaced the Constitutional Council (17th Amendment) which vets names of those nominated to hold high office.

The move comes in the wake of the controversial sacking of incumbent Chief Justice Shirani Bandaranayake by President Rajapaksa after a parliamentary vote on Sunday to impeach her.

Mrs Bandaranayake has informed the Registrar of the Supreme Court that she will be vacating her official residence but has stated she will be coming to court tomorrow (Tuesday). Today is a public holiday in Sri Lanka due to Thai Pongal, a Tamil holy day.

Whether Mrs. Bandaranayake will continue to work in defiance of the Presidential warrant or whether she will say her farewells will be a defining moment in Sri Lanka's constitutional history, according to legal experts.