Two Jaffna university students freed today

[ Tuesday, 22 January 2013, 10:02.58 AM GMT +05:30 ]

Two of the four Jaffna university students presently under detention freed today (Jan. 22), said university sources.

They were arrested by the TID and being rehabilitated at the Welikanda camp. President of the students union Bavananda and third year student Solomon released today and handed over to their family members. Two administrative officers Dean of the Management faculty Welnambi of the university have gone to Welikanda to take custody of the freed students.

Two students of Jaffna University released in Vavuniyaa

[TamilNet, Tuesday, 22 January 2013, 10:42 GMT]
Amidst continued boycott of classes by the students of Jaffna University, two of the four detained student activists of the Jaffna University Student Union (JUSU) have been released on Tuesday in Vavuniyaa. The release comes following the exposure of reports that the SL Defence establishment and the Secretary of Education did not keep their ‘secret’ promise to the Colombo-appointed Vice Chancellor of the University of Jaffna Ms Vasanthi Arasaratnam. The President of JUSU, Mr V Pavananthan and student activist S. Solomon of the Science Faculty were released in front of the Vice Chancellor and Deans who were on their way to Welikande to visit the students, who were subjected to SL ‘military rehabilitation’. In the meantime, the SL military in Jaffna is on a ‘search operation’ threatening the families of two students who are in hiding.

While the news of the release of the two was interpreted as a victory by the students in Jaffna, the continued detention of two prominent leaders of the JUSU and renewed harassment indicated that the SL military was still focused on waging a terror campaign against the students, student activists in Jaffna said. 

The SL defence establishment and education secretary had secretly promised the Colombo-appointed Vice Chancellor of the Jaffna University that two of the detained students would be released before 14 January and the other two would be released after that, in order to persuade the VC and other members of the university administration to pressurize the students to drop the boycott and resume classes by the first week of January. 

The secret promises were made by the SL Education Secretary J.B. Dissanayake and by the Commander of the occupying Sinhala military in Jaffna, Maj. Gen. Hathurusinghe, informed sources say.

This made the VC to go to the extent of her resignation threat and other threats to prevail upon the student representatives to agree to the reopening on 08 January. 

However, a large number of students avoided attending the classes despite the threat by the SL military. 

The release comes as Jaffna University student circles were enraged over the silence maintained by the university administration and by the SL defence and education establishments.

A delegation comprising a section of Deans from the university together with the VC, was forced to make a trip to Sri Lanka’s occupying military base at Welikanda in the East on Tuesday to meet the student representatives detained and are undergoing ‘military rehabilitation’ there.

The students of the University of Jaffna have been boycotting classes for more than 2 months. 

The TID unit in Vavuniyaa operated by Colombo's defence ministry had inititally obtained 3-months detention order to detain the four students. 

Secretary of the JUSU P. Tharshanantha and the President of the Arts Faculty Students Union K. Jenemajeyamenan are still in the custody of the SL military at Welikande.

Sri Lanka doctor running rehab centre caught selling drugs to kids

Police find large quantity of various drugs including tablets for abortions

By

Correspondent

Published Tuesday, January 22, 2013

A doctor who was allegedly selling large quantities of a tablet named ‘Sudol’ was nabbed by Sri Lanka’s Negombo SP Division’s District Anti-Corruption Unit.

The Divaina newspaper reported that he has been operating from Akkara Panaha in Kimbulapitiya where he was running a fake medical centre under the ploy of rehabilitating drug addicts.

The police found a large quantity of various brands of drugs including tablets used for abortions which cannot be sold without a prescription.

The police deployed a decoy, under the pretext of buying the tablets and he placed an order for tablets and while receiving 500 tablets the police pounced.

The bogus documents recovered from his house claimed that he was a qualified doctor and has been engaged in medical practice for over five years.

He is 40 and a father of one and the investigations revealed that he has told the village people that he was giving treatment to drug addicts but has been selling drugs at a very high price to drug addicts for a long time.

Sometimes later, this rehabilitation centre has become a nuisance to the villagers who had complained to the Negombo SP’s office and the police raided the quack’s residence with the help of Food and Drugs Inspector of the Gampaha Health Services Director’s office H. Piyaratne.

The suspect was operating his medical centre on the ground floor of the two storied building while the drugs business was done from the upper floor and when the police raided the house, there were about 50 drug addicts who had come from various places including Colombo to buy tablets.

Arrangements have been made to produce his Medical Certificate and documents related to his qualifications to the Sri Lanka Medical Council for examination and the suspect would be produced before courts.

(Home page image courtesy Shutterstock)

Death trap for Sri Lanka in Geneva. Decision maker India

Tuesday , 22 January 2013

Opposition parties allege, Delhi does not have an idea of finding a settlement to the Tamils.

 

The UN human rights council sessions will be held in the forthcoming month in Geneva, and there is much danger that it will be a death trap to Sri Lanka.

 

International countries strong pressures applied against Sri Lanka government, but the power to  decide this, is in the hands of India was said by opposition parties.

 

India does not have the intention of finding a settlement to the Tamil people’s racial crisis was alleged by the opposition parties.

 

At the last Geneva sessions, a resolution was passed against Sri Lanka, and America applied strong pressure against Sri Lanka, and has notified that it would submit a petition at the forthcoming March month sessions too,  and in this state, the international countries   is showing their strong discontent concerning the activities of the Sri Lanka government.

 

In this critical condition, potent statements were revealed by the opposition party leaders about the state of Sri Lanka at the Geneva debate which is held next month.

 

Lakshman Giriyella MP

 

At the forthcoming Geneva sessions, strong pressure may be utilized against Sri Lanka. The decision maker is India. Because at the final war held in year 2009, India was just observing and maintained an attitude of not aware of what is happening, and similar attitude is now too adopted.

 

At the last year UN Rights Commission's sessions, a motion was brought against Sri Lanka and this time too same motion may be submitted. However, at every opportunity Sri Lanka becomes challenging internationally but India rescues.  India does not have the interest to solve the Tamil people’s racial crisis. Instead it is processing activities to strengthen their economy in Sri Lanka.

 

The implementation of the Reconciliation Commissions recommendation, removal of Chief Justice position issue and the arrest of Jaffna university students, the international countries will use pressure  against Sri Lanka government at the Geneva sessions.,

However the outcome of this applied is in the decision of India was said by United National party Kandy district parliament member Lakshman Giriyella.

 

Nawasamasamajee party leader Prof.Wickramabahu Karunaratne said, Geneva sessions will be an analysis domain to Sri Lanka which is slipping from the liabilities.

 

Any country from the international countries should bring a motion against the Sri Lanka government which is eradicating humanitarian. We should be benefited from someone. A settlement should be met for the Tamil people's racial crisis.

 

America high level diplomats which are proposed to visit Sri lanka at the end of this month, the "Share powers and unite country" movement has planned to hold discussions with them.  We will express our views to that panel regarding America’s activities to protect the motion which would be submitted against Sri Lanka government.

 

Due to government's continuous suppressions, Tamil and Muslim people are affected drastically. Hence by finding a settlement to their racial crisis, benefit should be gained by any country from the international country.

 

United Socialist party leader Sirithunga Jayasooriya concerning the government’s contemporary actions said, the international counties are showing their disappointments towards the government’s contemporary actions, and the international countries in many ways will pressurize Sri Lanka at the Geneva sessions.  The forthcoming Geneva sessions will be a danger to Sri lanka.

 

Government is staggering about their responses to the questions quered by the international counties at the Geneva sessions. In this state, we should not only depend the Geneva sessions to pressurize the government.  But a massive people’s protest should be organized against the government.

 

People’s protest should be continuously organized against the government, will also be a cause for the international countries to pressurize Sri Lanka at the Geneva sessions.

 

UN and the international countries are closely observing government’s illegal activities and will take drastic action at the forthcoming Geneva sessions held in the month of March. 

Shell not detonate recovered at Kilinochchi

Tuesday , 22 January 2013

A shell which was in a state of not exploded was identified and found at Kilinochchi St.Theresa's Women College.

 

At the time foundation was laid for the construction of a Teachers hostel for the prescribed school the said shel had been found. Immediately information was given to police and with the assistance of landmine excavation unit, in the proper manner the shell was recovered is according to Kilinochchi police.

Nihal’s son gets a “royal wedding” thanks to the impeachment

uesday, 22 January 2013

Nihal Sri Amarasekere’s son Sarvajana Amarasekere has received the opportunity of enjoying maximum benefits due to the support extended by his father towards the impeachment against Chief Justice Dr. Shirani Bandaranayake.

It was millionaire businessman and member of the stock market mafia, Dilith Jayaweera who has worked at getting Accountant Nihal Sri Amarasekere’s support for the impeachment motion. As the first step, Jayaweera had appointed Sarvajana Amarasekere as a director in his group of companies.

It was Jayaweera who had borne the expenses of Sarvajana Amarasekere’s wedding that took place at Water’s Edge on December 19th. Sarvajana had married a Sri Lankan girl residing in Australia. Derana FM had sponsored the music for the function. The only duty assigned to Nihal Sri Amarasekere was to welcome the guests who arrived at the wedding. Nihal Sri Amarasekere would have had to personally bear all costs if not for the impeachment motion.

Jayaweera had also given an apartment at Crescat’s Monarch Residencies to Sarvajan and his bride to reside.

Jayaweera had also asked the President to appoint Nihal Sri Amarasekere as the chairman of Bank of Ceylon to ensure his continued support to the government. However, Finance Ministry Secretary Dr. P.B. Jayasundera has objected to the proposal. Nihal Sri Amarasekere is a close friend of former Chief Justice Sarath N. Silva and they are both considered as Dr. Jayasundera’s enemies.

The friendship between Nihal Sri and Sarath N. Silva resulted in the former winning all petitions filed before the Supreme Court. Nihal Sri did not get any legal assistance for the cases and appeared himself for the cases.

Although the petitions were legally weak, they won because of Silva’s friendship with Nihal Sri Amarasekere.

Nihal Sri is currently writing a book against Opposition Leader titled “Corruption.” The book is being funded by MP Thilanga Sumathipala. Nihal Sri is also the accountant for Sumathipala’s betting business.

Interest Free Loan Scandal: BBC’s £41,000 Annual Salary Employee Was Favored By Sri Lankan Govt

By Colombo Telegraph -January 22, 2013 

The BBC World Service London employee who applied for the Sri Lankan government’s RS 1.2 million ten year interest free vehicle loan, was favoured by the Government of Sri Lanka the Colombo Telegraph can exclusively reveal today.

Bandara

According to published eligibility criteria for an interest free loan offered to journalists by the Government of Sri Lanka, applicants have to be in possession of the Accreditation/Identity card issued by the Department of Government Information. BBC World Service’s producer Chandana Keerthi Bandara, however, had no valid Accreditation/Identity card issued by the Department of Government Information.  The only accreditation he possessed was one issued by the Department in 1999 for a short period while he was on a BBC assignment in Sri Lanka (See the copy of his accreditation below).

“I have no idea how he was granted this loan” said Director General, Government Information department, Dr Ariyaratne Athugala, when asked whether the applicant was favoured above other candidates. He said that the loan disbursement had been handled by the ministry. When pointed out that all BBC letters of recommendations were addressed to him, the Director General said he wasn’t aware of such letters.( See the letter below) He acknowledged, however, that if Bandara had only one old press accreditation, it was wrong decision made by whoever was responsible because criteria had not been fulfilled. Colombo Telegraph made several attempts to contact Secretary, Media Ministry, to no avail.

Colombo Telegraph investigation team can reveal that the BBC applicant Chandana Bandara only had one Accreditation/Identity card issued by the Department of Government Information, issued on July 20, 1999. All applicants were asked to produce current accreditation as well as old accreditation prior to interview. Last month when the newly appointed office bearers of the journalists welfare outfit, the Working Journalists Association met the Secretary, Media Ministry, the Vice President of the Association, Kanchan Marasingha complained that more than 30 eligible applicants had not received the loan. Responding to the complaint the Secretary asked them to appeal. The Colombo Telegraph is in a possession of a list of more than 20 rejected applicants which include some with more than 40 years of experience in journalism with valid press accreditation.

Two days ago Colombo Telegraph asked Bandara how he manged to secure a loan having just a single old accreditation document and whether he had indeed been favoured.  He has not responded.

According to the Ministry of Mass Media and Informationwebsite the objective of the loan scheme is to recognise the services rendered by media personnel towards national development and to enhance their productivity and quality of service.

According to the Ministry of Fianance and Planning website, Senior Journalists, Artists and Authors are now able to obtain a maximum amount of Rs. 1,200,000/- as an interest free loan from the state banks to purchase cars or vans. If the value of the vehicle exceeds the limit of Rs. 1,200,000/- the balance can be obtained from the relevant state bank under normal interest rates. The Treasury will grant the interest due to the state banks for the interest free loan amount of Rs.1,200,000/-.

BBCs Bandara has been receiving around Sri Lankan Rupees 8,528,200 as his annual salary (£41,000/-)

Government and the Citizen

by Gajalakshmi Paramasivam-Tuesday, January 22, 2013

( January 22, 2013, Melbourne, Sri Lanka Guardian) Recent events in Sri Lanka have confirmed yet again the need for restructure of Public Administrative systems and facilities to reflect the true investment we have all made into the pool of Governance. The most natural structure known to us is the family structure. If we appreciate the true workings of a family, it would be easier for us to appreciate the workings of national governments including the judiciary. Elected members are the parallels of parents in a family. Judiciary are the parallels of other parents (uncles and aunts) in the family in a hierarchical system and other parents in wider community in a democratic system.

I do believe that each one of us has the capability to live ‘freely’ and we would if we remained within our Truth. Others may attribute debit or credit to us – as per their thoughts. But when we remain in our Truth – we would recognize as part of us only those who are personifications of that Truth. Once an Australian lady of Italian origin said to me that she believed that we had both – the male as well as female aspects within ourselves. In Hinduism we have this personification of Lord Shiva-Parvathi – as half male and half female. That personification is specifically known as Arthanaatheeswarar form. I do believe that we have both sides of any relationship within us. They are the only real forms of our true investment in a relationship. Once we take our official side the rest gets given for of the person on the other side. The other person in physical occupation of that side may or may not fit our investment. If as per our discovery through that relationship, the other side is yet to truly fit that other part of our investment – we would fill the gap and that way we operate naturally to give full credit to our true investment. It is for this reason that we develop ‘common resource pools’ within families. Those who operate through Love would naturally be the nucleus of that common pool from which we draw. Such a family would progress quickly to govern itself. The person who contributes most into this natural common pool is the highest facility for the rest. When majority in a group are able to pay as per their ability and draw on this facility – as per their need – we have the Do-It-Yourself /Pay-As-You-Go/Earn systems. Also my Australia, my Sri Lanka, my Bus and my Train facilities. Those who draw more than their need and/or earnings are not entitled to use ‘my’ in front of the whole but stick only to their part – such as my White Australia, my Sinhala Nation, my seat etc. 

Parents as they mature become such common facilities to the extent they feel Love for their children and/or have truly contributed without return expectations to their common family structure. To the extent a parent expects returns more than her/his contribution to the common pool – the parent loses status and becomes dependent on the child – irrespective of whether this is expressed or not. Such a parent would not have been truly independent of the child when the child turned 18.

What counts here is that the contribution ought to be to the common pool and not between individuals. This common pool is usually arranged to give structure – lateral as well as hierarchical - and hence we have positions and relationships through that structure. The stronger the common pool the more reliable is the ‘system’ formed to represent the fullness to which that common pool expand. From time to time, the systems need to be restructured to strengthen this common pool. If juniors in a relationship contribute more than seniors, then that relationship needs to be equally divided – as happened in marriages and now in parent-child relationships also. Parents who seek to actively participate in the current life of their children need to voluntarily sacrifice their higher status and become democratic. In natural relationships the lowest level of a parent ought to be equal to the child. To go further down would be damaging to the society that that family is a part of. Naturally high part of the relationship should not be seen to be lower than the other. Towards this, once the two sides to a hierarchical relationship become ‘equal’ the structure most move towards producing objectively measurable outcomes where common outcomes are not possible. Hence transparency.

If the person in the higher position in a relationship has invested less than we have invested in our lower position but tried to enforce their ways by using higher official status – then there is risk of enforcement and damage to freedom and therefore to our investment in common. This happens in a nicer way when parents become dependents on their children due to desire for current benefits that the children seem to enjoy. I find this to be a real problem with senior migrants sponsored by their children. It’s worse when those migrants start ‘telling’ other independent migrant relatives and community members – what to do. Parents who migrated on the basis of real need – whether they were sponsored by their children or otherwise, have less of a risk in this regard. To the extent they stay within the limits where that need was satisfied – there is no risk of them contributing to the deterioration of parent-child relationship which is the root of all relationships.

The above apply also between Governments and Citizens.

I brought legal action against Mr. John Howard also. Mr. Howard was the Prime Minister during the time I complained and the Administration failed to take action. If I had calculated as to what would happen – I am not likely to have taken action. But at that time my pain was too strong for me to think logically. All I knew was it was genuine but as per my calculations followed by belief it did not belong to me. I wrote to Mr. Howard in 1999 that unless migrant issues were addressed – I feared bloodbath for Australia – as had happened in Sri Lanka. There was no response from Mr. Howard but passages from that letter were read out in Court - by the Barrister representing Mr. Howard. As was to be expected from the Australian reality – I lost in court. No, I did not cry over that loss but felt that I had submitted it to the person whose duty it was to ensure the practice of Equal Opportunity at national level. Later when Mr. Howard was with President Bush during 9/11 followed by Bali bombing where majority victims were from my home suburb of Coogee - I felt that my powers submitted to the Highest Authority through my belief – had worked to uphold the Truth. This is how we use the system as a ‘facility’ – as per our investment in the higher side of a relationship occupied by someone who is yet to reach that height of the investment made by us. That is the confirmation of independence – including from status as the winner. I was able to submit at early stage because those around me at the workplace and in the community did not seem to be affected either way. Some who were affected did not have enough powers to influence the higher officials and hence it was not difficult to submit and free myself of expectations from the ‘system’ at an early stage. This is the value of minorities who feel greater sense of ownership than custodians of power driven by benefits. 

In the current Sri Lankan situation, citizens who feel that their parents (elected politicians) have invested less than they in governance – have the right to operate as a facility. If Dr. Shirani Bandaranayake therefore submits her higher investment for which she did not derive benefits – to her position as a citizen, she would lead the ordinary citizen without portfolio to govern her/himself. In real terms the Sri Lankan system is less democratic than the Western nations from which supporters of Dr. Shirani Bandaranayake draw their strength. These are the common pools of democratic wisdom from which anyone could draw as per their real needs. But that on its own does not make Sri Lankan system of Justice Administration democratic. Any expectations of equality and independence by Dr. Shirani Bandaranayake and her supporters is not a reality in Sri Lanka. But to the extent they are genuine – it would be easy to convert the investment to political power as a citizen and produce outcomes that confirm democracy. This I believe is also the way forward for Tamils.

A Government Without A Bureaucracy

By Basil Fernando -January 22, 2013

Basil Fernando

The systems of government in Asian countries may broadly be described under the following categories: Democratic – the government structure is based on the liberal democratic structure, and the bureaucracy functions with basic laws and rules that are in conformity with this structure; Militaristic – where the basic structure is based on military command and the bureaucracy also functions under the same rules and command; Socialist – authoritarian, where the system is built in a way that its rules are devised by an authoritarian command and rules of bureaucracy are designed to work under these rules; and a further category is one which was militaristic, socialist or authoritarian but is attempting to make a transfer to the democratic, and the work of the bureaucracy reflects this duality.

The Sri Lankan system after 1978 does not belong to any of these categories – It is a one person system and it is antagonistic to a bureaucracy.

Each of the other systems mentioned above has its own bureaucracy and has a rationality of its own. Each system has continuous rule-bound conduct. Those who come in contact with the system can soon know the rules of the game in living and working within such a system. What might happen or not happen is generally predictable.

There is no such continuous rule bound conduct within the Sri Lankan system. No one knows the rules of the game and what might or might not happen is not predictable. The Executive President (EP) might change any rule any time. For example, terms of Members of Parliament may be extended, say from six years to 12 years, if the EP so wishes. Judgments of courts may or may be obeyed. Rules of recruitment, dismissals in jobs etc. do not exist. Everything depends on the EP’s pleasure.

Under these circumstances, a rational bureaucracy cannot function. This was the problem that was recognized in 2001 by the parliament as whole, and the 17^th Amendment to the constitution was an attempt to partially address the problem. However, the EP found that it made the EP’s function difficult and did away with it.

It is this absence of a rational foundation for bureaucracy that has given rise to the EP depending on family. It is not rational rules that the working of the government is based on but blood links. Those who criticize this as nepotism are trying to apply the rules of a democratic system. It is like criticizing a dog for not being a lion.

The failure of all those who oppose the Sri Lankan system is mostly due to the failure to call spade a spade.

The government’s argument in support of the impeachment was that it is right by our constitution. Since this constitution allows the EP to do anything, that argument is valid. The government justifies not providing a proper inquiry to prove any charges against the Chief Justice on the basis that under the 1978 constitution there is no such requirement.

Those who based their criticism on the basis of democracy and the rule of law have no alternative but to work towards the abolition of this constitution and towards establishing a system based on democratic rationality.

Requesting the EP to act democratic is to ask something that the EP cannot do, so long as the system based on the 1978 constitution exists. It is just like asking for the feathers of a tortoise.

A related publication- Gyges’ Ring-1978 Constitution- Available in the internet

Where To Be Born: To Be Or Not To Be

By Ravi Perera -January 22, 2013 

Ravi Perera

In the aftermath of the impeachment of the Chief Justice, with the nation’s psyche still defiled with the ugly  debris of the  political/legal battle of a  wrenching saga which  gripped us for nearly two months, one could have easily by-passed the “where to be born index 2013”.  Evaluating various socio-economic measurements is not a luxury a nation perpetually in crisis can indulge in. Given the  drab  realities of our existence, wishfully thinking of the “the best cities to live in, the top 10 tourist destinations in the world, countries with the highest quality of life, the best restaurants , the cities with the richest cultural life etc” seems a fanciful activity with no possible gain to be had.  Besides, for the 20 million souls calling Sri Lanka their home the question of the best place to born in 2013 is a question a life time too late. But where the yet to be born are concerned, perhaps a question of responsibility for those considering parenthood.

Just to put you in the picture, according to this index Sri Lanka is an unimpressive # 63 among about 70 nations surveyed as to the best place to be born in, if such a choice were to be available to the unborn. Switzerland leads   as the most desirable place to be born with Norway and Australia right behind it. The United States is at 16 while Great Britain has fallen back to a not so impressive 27(Japan is at 25). To get a better idea of the index we must look at the scores of each country. Switzerland the No #1 scored 8.22 while Great Britain gets 7.01, the difference between being about 1.21 points. Sri Lanka at # 63 scores 5.71while Nigeria the worse country to be born in, scores 4.74.

It may be argued that although it is not considered a good place to be born in, things are looking up for those like us who are ex post facto. After all, we have a President who is on a crusade against corruption in high places, a leader of the opposition whose broad forehead   perhaps is indicative of a head well crammed with details of sub-clauses and protocols   of international covenants before which we would slip and a Chief Justice committed to the hilt to national unity and nation building. What more can a nation asks for in the leadership department, one may ask?

But surveys such as the best place to be born (in 2013) give a darker, even sinister, interpretation to this golden picture. If one were to go by the declarations by the government news media, the shrill tone which belies the genuineness of its assertion notwithstanding, the country is presently run by a passionately patriotic cabal   extremely sensitive to constitutional niceties .So what is the truth? Is the truth with those far-a-way-surveyors working on various data in the comfort of nice places to be born in? Or is the truth with that unprepossessing   looking mob shouting themselves hoarse in front of the Parliament House( built with Japanese  money and skills in the late 1970s) about the sovereignty of parliament ?

There was a poignant scene at one point in their demonstration. Two gleaming four wheel drive vehicles stopped by the sweaty slovenly looking crowd. From one of the vehicles alighted a well groomed politician dressed in sparkling white, obviously on his way to the parliament. His security detail took up position ready for any eventuality. The politician spoke to the crowd. The crowd smiled happily and cheered. The politician got back to his vehicle which then whizzed towards the parliament.

When parliamentarians like Wimal Weerawansa and Ranil Wickramasinghe speak of the concept of the sovereignty of the parliament it is obvious that they are talking about a very foreign idea. The idea of the parliament evolved in far away Britain. It  is  amazing that a country to which the notion of a bath is said to have been introduced only in the  Roman era ended up a few centuries later as one of the greatest nations in the world ever. The idea of a parliament is only one of the innumerable contributions to the world, by that nation in its effloresce. In contrast, our style of government seems to have remained   unchanged from the time of King Vijay to Sri Wickrama Rajasinghe, two thousand years later. We developed no parliaments, comparable courts of law or for that matter any other democratic institution as recognized today.  Nothing changed; every new event unfolded only a part of a revolving chain.

In the mimicking of cultures and institutions of another civilization, have we missed the essence? Was the virulent attacks on an almost defenseless Chief Justice and the nearly orgiastic ending of that drama the bricks and mortar on which the idea of a parliament was built? Surely the sovereignty of the parliament or for that matter any other institution means anything only if it is there to improve, strengthen and enhance human freedoms and dignity. That is the bedrock of the system we have adopted. Even a criminal is presumed to be innocent, the case against him must be proved beyond reasonable doubt before a select panel of his peers and after all that he still has a number of appeals available. It is a process that has won the acceptance of peoples far and wide.

It is said that in England the mere presences of an unarmed policeman is sufficient to bring most situations under control. His power comes from the acceptance by the populace of the essential justness of the British systems. In Sri Lanka on the other hand we saw that despite all the power play of the impeachment motion and the subsequent swearing in of another Chief Justice only naked power ensued its execution. Where such naked power has to be unleashed we surely cannot argue that there is general acceptance as well.

The motley crowd that greeted their representative in front of the parliament that day has another reason to cheer now. It is reported that the legislature may, in the event any one of them is arrested by the Police, extend the period of that detention, before he is to be produced before a magistrate. In other words, he will not have the protection of the law for a much longer period. But of course   as their slogan said   the parliament is sovereign.

It may be that the “truth” of any situation is relative.  That day the crowd saw no wrong in the manner of their transport, the meals provided and even the payments made in return for their services. It mattered not that they had no real idea of what they were doing. That is the truth of an existence for those fated to be born in a not so desirable place. But in this world there are other realities, other truths as much as other parliaments.  But one day if that crowd of simple people were to ask as Hamlet did “To be or not to be, that is the question:/Whether ‘tis nobler in the mind to suffer/ the slings and arrows of outrageous fortune/ or to take arms against a sea of troubles/and by opposing, end them”, will the truth appear very different?

U.S. Embassy Disturbed By Threats to Civil Society

January 22, 2013

• Read this press release in Sinhala (pdf, 56 kb)
• Read this press release in Tamil (pdf, 20 kb)

The United States Embassy is disturbed by the series of threats and attacks against legal defenders, civil society organizations and activists who have spoken out on recent events.  The right to express opinions freely is universal and one that is protected under Sri Lankan law.  We urge the Government of Sri Lanka protect this fundamental right and ensure that all citizens are able to express their opinions without fear of retribution.

...................................
* U.S. Embassy disturbed by threats to civil society in Sri Lanka
Tue, Jan 22, 2013, 07:23 pm SL Time, ColomboPage News Desk, Sri Lanka.

Jan 22, Colombo: The United States Embassy in Sri Lanka today said that it is disturbed by the series of threats and attacks against legal defenders, civil society organizations and activists who have spoken out on recent events.
Issuing a brief statement ahead of a visit by three high-ranking U.S. officials to the island, the Embassy pointed out that the "right to express opinions freely is universal and one that is protected under Sri Lankan law."
The Embassy urged the Sri Lankan government to "protect this fundamental right and ensure that all citizens are able to express their opinions without fear of retribution."
Deputy Assistant Secretary of State James Moore, Deputy Assistant Secretary of Defense Vikram Singh, and Deputy Assistant Secretary of State Jane Zimmerman are scheduled to visit Sri Lanka and Maldives from January 26-February 1, 2013, the U.S. Embassy in Colombo said earlier.
The officials are expected to hold discussions with senior government officials on the government's progress on implementing Lessons Learnt and Reconciliation Commission recommendations and other issues.

We seriously fear about saftey of CJ's family and lawyer's -Friday Forum

(Lanka-e-News -22.Jan.2013, 7.30PM) The Friday Forum is gravely concerned about the security and well being of persons who have taken positions regarding the impeachment contrary to that of the government, and continue to do so. These comprise judges and other state officials, lawyers, various civil society groups and individuals.

The right to hold and to peaceably express different opinions, and to act lawfully in furtherance of them, is basic to a free society and must be respected not only by all organs of state but also by every member of the community. The fear now is not merely of possible public vilification, discrimination and victimisation but also of danger to personal security. Several lawyers, including those who appeared for the Chief Justice in the Parliamentary Select Committee inquiry, and two of our members, having received death threats have notified the law-enforcement authorities.

Last but not least Friday Forum also expresses its deep concern about the safety of the 43rd Chief Justice of Sri Lanka Dr Shirani Bandaranayake, regarding whom the Parliamentary Select Committee’s proceedings have been held a nullity by the Supreme Court, and who is regarded by many, including distinguished lawyers, as continuing to be the Chief Justice.
Whatever different opinion others may hold on Dr Shirani Bandaranayake’s present status, it is vital that adequate security be ensured for her and her family. In this context we view with shock and abhorrence the campaign carried on against her by the state-controlled media while she was indisputably the Chief Justice and facing the inquiry by the Parliamentary Select Committee. We likewise view with shock and abhorrence the facilities enjoyed by crowds to demonstrate against her outside Parliament and elsewhere, the contrasting interference with the right of persons critical of the impeachment to peacefully demonstrate in expression of their views, and the disgraceful spectacle of lighting crackers and the cooking and eating of ceremonial kiri buth (milk rice) on the public road outside her official residence, with Ministers of the Government reportedly participating, and the failure to ensure her a dignified and peaceful exit from her residence the following day.

The impunity and indeed official sanction with which all this was permitted to take place raises in us serious apprehension as to the future safety of this family. The responsibility of ensuring its security, as also that of the legal professionals, activists and others we have referred to earlier, falls fairly and squarely on those wielding political and governmental power. The Friday Forum urges all concerned, including the law officers of the state, to act with responsibility and impartiality at this important moment of our country's history.

Jayantha Dhanapala 
On behalf of Friday Forum, the Group of Concerned Citizens

Jayantha Dhanapala, Rt. Rev. Duleep de Chickera, Shanthi Dias, Dr. Upatissa. Pethiyagoda, Anne Abeysekara, Faiz-ur Rahman, Dhamaris Wickramasekera, Dr. Selvy Thiruchandran, Rev. Dr. Jayasiri Peiris, Tissa Jayatilaka, Javid Yusuf, Manouri Muttetuwegama, Dr. Deepika Udagama, Professor Arjuna Aluwihare, Dr. A. C. Visvalingam, Dr. Devanesan Nesiah, Suriya Wickremasinghe, Lanka Nesiah, Ahilan Kadirgamar, J.C. Weliamuna, Dr. Jayampathy Wickramaratne, Sithie Tiruchelvam, D. Wijayanandana, Ranjit Fernando, Danesh Casie Chetty, Chandra Jayaratne,

The Right To Personal Security And The Safety Of The 43rd Chief Justice

By Jayantha Dhanapala  -January 22, 2013 

Dr. Jayantha Dhanapala

The Friday Forum is gravely concerned about the security and well being of persons who have taken positions regarding the impeachment contrary to that of the government, and continue to do so. These comprise judges and other state officials, lawyers, various civil society groups and individuals.

The right to hold and to peaceably express different opinions, and to act lawfully in furtherance of them, is basic to a free society and must be respected not only by all organs of state but also by every member of the community. The fear now is not merely of possible public vilification, discrimination and victimisation but also of danger to personal security. Several lawyers, including those who appeared for the Chief Justice in the Parliamentary Select Committee inquiry, and two of our members, having received death threats have notified the law-enforcement authorities.

Last but not least Friday Forum also expresses its deep concern about the safety of the 43^rd Chief Justice of Sri Lanka Dr Shirani Bandaranayake, regarding whom the Parliamentary Select Committee’s proceedings have been held a nullity by the Supreme Court, and who is regarded by many, including distinguished lawyers, as continuing to be the Chief Justice.

Eating of ceremonial kiri buth (milk rice) on the public road outside her official residence, with Ministers of the Government reportedly participating | Photo Vikalpa/CPA

Whatever different opinion others may hold on Dr Shirani Bandaranayake’s present status, it is vital that adequate security be ensured for her and her family. In this context we view with shock and abhorrence the campaign carried on against her by the state-controlled media while she was indisputably the Chief Justice and facing the inquiry by the Parliamentary Select Committee. We likewise view with shock and abhorrence  the facilities enjoyed by crowds to demonstrate against her outside Parliament and elsewhere, the contrasting interference with the right of persons critical of the impeachment to peacefully demonstrate in expression of their views, and the disgraceful spectacle of lighting crackers and the cooking and eating  of ceremonial  kiri buth (milk rice) on the public road outside her official residence, with Ministers of the Government reportedly participating, and the failure to ensure her a dignified and peaceful exit from her residence the following day.

Eating of ceremonial kiri buth (milk rice) on the public road outside her official residence, with Ministers of the Government reportedly participating | Photo Vikalpa/CPA

The impunity and indeed official sanction with which all this was permitted to take place raises in us serious apprehension as to the future safety of this family. The responsibility of ensuring its security, as also that of the legal professionals, activists and others we have referred to earlier, falls fairly and squarely on those wielding political and governmental power. The Friday Forum urges all concerned, including the law officers of the state, to act with responsibility and impartiality at this important moment of our country’s history.

Jayantha Dhanapala

On behalf of Friday Forum, the Group of Concerned Citizens

Jayantha Dhanapala, Rt. Rev.  Duleep de Chickera, Shanthi Dias, Dr. Upatissa. Pethiyagoda, Anne Abeysekara,  Faiz-ur Rahman,  Dhamaris Wickramasekera, Dr. Selvy Thiruchandran, Rev. Dr. Jayasiri Peiris, Tissa  Jayatilaka, Javid Yusuf, Manouri Muttetuwegama, Dr. Deepika Udagama,  Professor Arjuna Aluwihare, Dr. A. C. Visvalingam, Dr. Devanesan Nesiah,  Suriya Wickremasinghe,  Lanka Nesiah, Ahilan Kadirgamar, J.C. Weliamuna, Dr. Jayampathy Wickramaratne,  Sithie Tiruchelvam,         D. Wijayanandana, Ranjit Fernando, Danesh Casie Chetty,  Chandra Jayaratne,

Govt Plans Sham Ceremonial Welcome For Mohan Pieris On Wednesday

By Colombo Telegraph -January 22, 2013 

The Government is hurriedly organizing a sham Ceremonial Sitting in the Supreme Court on Wednesday (23.01.2013), in a desperate bid to give the appointment of Mohan Pieris to function in the office of Chief Justice against court rulings and intense condemnation locally and internationally, the appearance of legitimacy and acceptance, the Colombo Telegraph can reveal today.

Mohan Pieris

The Bar Association (BASL) has rejected steps to replace Dr. Bandaranayake as Chief Justice without due process and in contravention of the determination of the Supreme Court and a ruling of the Court of Appeal. At an Extraordinary General Meeting called for and attended by thousands of lawyers from across the country, the BASL national membership resolved not to endorse the appointment of an illegal or irregular replacement by attending or participating in any Ceremonial Sitting for any new ‘appointee’.

After the controversial and widely condemned removal of Dr. Bandaranayake without due legal process, Colombo Telegraph learnt that several respected judges and senior lawyers when approached had refused to accept the top judicial spot in keeping with their conscience. Eventually, Pieris, who has many serious allegations of corruption/conflict of interest connected to his tenure as Attorney General pending against him, was handpicked for the job. He was installed in office, on a day when Hulftsdorp was filled with security and police personnel.

A Ceremonial Sitting involves two traditional addresses – one by the President of the BASL (the head of the unofficial bar) and another by the Attorney General (head of the official bar) welcoming the new appointee to office. The President of the BASL and its members cannot participate in any ceremony to welcome Pieris in keeping with the resolution of the BASL general body. All Attorneys at Law are members of the BASL, including the officers of the Attorney General’s Department. However, Colombo Telegraph learns that tremendous pressure has applied on the Attorney General and it’s officers to participate in the Wednesday ceremony. Therefore, according to several leading lawyers contacted by Colombo Telegraph, the attendance/non-attendance of the Attorney General and his officers on Wednesday, would indicate the degree of independence allowed to that institution.

In order to substitute the traditional welcome address by the head of the unofficial bar (President, BASL), the Colombo Telegraph reliably learns that the government is engaged in a desperate attempt to induce and even pressurize several senior President’s Counsel to make a substitute address to give an air of normalcy to a sham function boycotted by the Bar at large in keeping with the resolution by lawyers countrywide who voted that such a sham must be boycotted altogether.

The Colombo Telegraph is informed that those belonging to the Sri Lanka Freedom Party (SLFP) Lawyers Association and those lawyers who have been granted favours and appointments by the ruling regime have been instructed that attendance is mandatory and will determine their future prospects. In this way, several recently appointed President’s Counsel who are in search of big cases from state institutions have also been informed that they should return the favour of their appointment by attendance.

The Colombo Telegraph also reliably learns that the government is considering various unorthodox ways to increase the appearance of legitimacy to the ceremony, including getting non-lawyers to attend dressed in lawyer’s attire to swell the numbers and give the appearance of greater numbers.

Several very senior lawyers commented that it remains to be seen how many judges have the luxury of the independence to refrain from attending this illegitimate exercise, which would be a clear indicator of the measure of judicial independence that prevails despite the pressures posed by non-independence of the judiciary where appointments, transfers, disciplinary control and promotions are concerned, after the controversial 18th Amendment which removed all Constitutional mechanisms intended to allow for independence and non-politicization of key judicial and public positions.