Paranoia or pretext?

Paranoia or pretext?

 Published On:Friday, February 1, 2013

(February 1, 2013, Colombo, Sri Lanka Guardian) In a paranoid replay of a hackneyed record, the government it appears is continuing with its self-delusional international conspiracy theories to keep the political fires at home burning.

With another March nearing and all the bogeys of a UNHRC session, augmented by a new US resolution, being roused, the so-called propaganda pundits of the regime are at it again.

Addressing a ceremony held at Mawathagama to hand over some houses to low-income families under the ‘Janasevana’ programme, Wimal Weerawansa, Minister of Construction, Engineering Services, Housing and Common Amenities said the true intention of the visit of the high-powered US Government delegation was to collect information for use against Sri Lanka in the global forum.

Such irrational assertions by a minister known to be very close to the hierarchy could be very damaging to the collective Sri Lankan character. Paranoia is not a disease; it is a dangerous symptom of even a more dangerous ailment. With the approaching Provincial Council elections in the Wayamba Province, the drumming of these pseudo-patriotic slogans would only add to the already beefed-up anti-Western propaganda that is being tuned and fine-tuned with each passing day with growing zeal.

The impeachment of the Chief Justice,

Dr. Shirani Bandaranayake, was no gold medal awarded to justice and fair-play by the government. On the contrary, in the eyes of the international public and the democratic west, the esteem of the country suffered a monumental blow. The impression this most unwise and stubborn exercise of raw power – impeaching a Chief Justice without affording the due process to the ‘impeached’ – left on the rational minds of world leaders a black mark against Sri Lanka.

This was more so, especially in the context of ever-increasing demands for accountability and transparency from the Sri Lankan Government. The impeachment coupled with the ongoing anti-west rhetoric only serves to aggravate the situation. One cannot discount the possibility that the government might eventually be compelled by a growing global media and public to cower before insult and humiliation that would emanate from unexpected quarters. But, the sad reality is that yet again, those who would be subjected to this kind of humiliation and ridicule would be the ordinary Sri Lankan traveller and an anxious business community praying day after day for more and more foreign investments to inflate the county’s economic capacities.

At a time when the expected upsurge in domestic investments is proving to be a non-starter and immediate and urgent attention to foreign investment is called for by all the economic big-wigs in the government, statements like those made by Weerawansa can do no good.

They would not only harm the potential for such foreign investment, but also portray those holding Cabinet portfolios and high positions in government as paranoid, irrational prudes, bigots and rabble rousers. If such statements are made and issued to the public as a matter of galvanizing the local masses towards a more politically-oriented propaganda scheme, the brainwashing would also entail more serious repercussions, endangering the healthy life of a populace that is struggling to grapple with emerging new realities of a post-war economic expansion.

The promises and pledges made soon after the war that there would be an economic boom resulting in improved living conditions for the average man in the North and in the South would ultimately remain just that – empty promises and pledges.

Challenging President Barack Obama, who himself secured a second term in office after a gruelling election in the United States, is most unwise. If the US Government wanted to spy on Sri Lanka, they would not have sent three State Department officials all the way from the US of A to Sri Lanka. Their embassy surely must be having enough personnel and other wherewithal for such a scrutiny, without a doubt.

Minister Weerawansa has already built a reputation for the bizarre and the unpredictable. His expeditions into political wildlife, every now and then, are well noticed by the public and documented by those who care to do so. Nevertheless, his insatiable capacity for sensationalism does not seem to have any limit and the manner in which he uses his quenching appetites to reach his own ends too seems rather ravenous.

( Ceylon Today Editorial)

Dislodging The Mahinda Rajapaksa Regime

By Surendra Ajit Rupasinghe -February 1, 2013 

Ajit Rupasinghe

There is a growing sense of frustration among those who wish to see theMahinda Rajapaksa Regime ( MRR) being superseded by a more responsive, responsible and accountable system of democratic governance. Following the impeachment and sacking of the Chief Justice and her replacement by Mr.Mohan Pieris, who had been a government spokesman and a legal advisor to the Cabinet, along with such credentials as withdrawing a murder case and a rape case against two favored members of the government while functioning as a former Attorney General, the sense of frustration has turned into a feeling of helplessness and despair. Some claim that Mr. Mohan Peiris had lied to the Committee Against Torture when he claimed that he has reliable knowledge that Prageeth Ekneligoda, a journalist disappeared now for three years, is quite safe and living in self-exile in some foreign country. Consequently, after appearing in court, He had claimed that he had no knowledge of the matter and that only God knows where he may be. This lackey is now the head of the Judiciary! Chilling! It is not just the constitutional fait accompli accomplished by a kangaroo parliament majority that struck fear and despair, but the unleashing of naked state terror upon the legal fraternity and against all democratic opposition, which  contributed to a sense of utter helplessness. It is felt that the passage of the Divineguma Bill and the Amendment to the Criminal Procedure Act, combined with the intention to introduce a 19^th and 20^th Amendment to the Constitution has spelt the death knell of freedom and democracy in Lanka. Together, these policies and actions of the MRR have accomplished the immediate objectives of the MRR.

They have ensured that the MRR shall freely defy the Rule of Law and perpetuate its dynastic dictatorship. It can now freely rig up elections without any legal compunctions, since it is assured of a loyal, lackey Chief Justice. It has cleared all obstacles towards the unlimited aggrandizement and monopolization of all sources of wealth, power and the dispensation of privileges through the passage of the Divineguma Bill. It has institutionalized and legalized its terrorist dictatorship by empowering the hated Police to torture and murder at will and to ram anyone through the courts. It now enjoys the freedom to nullify the 13^th Amendment and rob the Tamil Nation of all the national-democratic rights won through decades of struggle and sacrifice. It now has the freedom to unleash its Sinhala-Buddhist chauvinist political base as part of entrenching a centralized unitary Crony-Mafia / Comprador-Capitalist State under its hegemony and command. The Bodu Bala Sena is the latest version of this political crusade of the MRR, not to mention the Mahasona Brigade and other such fascist organizations, operated by the various centers and agencies of state power.

What then are the strategic options available for those who dream of Freedom and Democracy- and just simply civilized decency? There are those who rely on the so-called “International Community” to rescue them. Whether it be the US, EU, India, China or Russia or any other imperialist/sub-imperialist power, they shall advance and execute their own respective geo-strategic political agendas with the same ruthless and callous disregard for any principle of democracy. This hope is the expression of ultimate political and ideological bankruptcy. Besides, this illusory reliance will play into the hands of the MRR, who rides on the platform of  ‘anti-imperialism and patriotism’, and the threat of a foreign conspiracy, aided by pro-LTTE forces bent on  dislodging it. This platform and this call for patriotic loyalty continues have resounding resonance within its disparate Sinhala chauvinist social and political base. The MRR has truly mastered the art of manipulating and exploiting genuine and enduring anti-imperialist sentiments, needs and aspirations of the oppressed Sinhala masses unlike any other Capitalist regime before it. This is the calculated profit gained by the military victory and the culture of triumphalism and supremacy persistently and insistently drummed into the masses by the MRR through all the apparatuses of the State. This type of drugging the consciousness of the oppressed masses is more potent that heroin, since it mobilizes the worst, most narrow, introverted and selfish aspects of the oppressed Sinhala psyche, leading them to believe that the MRR is the only hope and savior that shall protect them from “Tamil Invaders” and foreign predators. This is Nazism at its very perfected best! (Still, some wormy, careerist, sycophantic lackeys of the Regime claim that we still have not entered the stage of Dictatorship!).

Yet another grotesque illusion is being spread by so-called “Left” forces who ally with bourgeois oppositional forces of the ruling class against the MRR. This is a form of the worst self-deception and class collaboration. Whether it be Ranil Wickremasinghe or Sarath Fonseka, they shall all compromise with the MRR and serve their imperialist masters precisely to derail a genuine revolutionary alternative. These “Left” forces play into the game of the ruling classes to deceive and divide the workers and the oppressed masses, and so preserve the feudal-colonial State.

As a result, the workers, farmers, fishermen, small and middle traders and entrepreneurs,  students, youth, women, political prisoners, journalists, professionals- all of whom suffer the terrible oppression and violent repression of the MRR- remain isolated and effectively marginalized. The oppressed Tamil nation and the Moslem and Hill Country Tamil nationalities and ethnic-religious communities remain isolated and marginalized, without an effective and powerful Center to combine and coordinate sustained resistance to the MRR.

This is not their fault. It is the fault of the oppositional forces and their leadership who remain divided, seeking to advance their own private advantage and agendas. The heroic struggles waged by FUTA, the Inter-University Students Federation, the workers and peasants etc, have been forced to capitulate and surrender due to the lack of an unified, powerful Center of Mass Resistance that has its vision sighted on a bright new world and a whole new way of social organization that would have no need nor reason for the social relations of domination, exploitation and oppression. The path to the future lies in unyielding and persistent struggle to forge such a Mass Resistance Center with clearly defined goals and objectives.

*The writer is Secretary: Ceylon Communist Party- Maoist.

Occupying military in ‘civil’ is more dangerous than military in uniform

The ‘evolution’ of the Sinhala general - Hathurusinghe in civil along with New Delhi's Mahalingam and the Ka'lairp-payattu performers from Kera'la at the Veerasingam Hall, Jaffna, on Thursday, 31st January, 2013

[TamilNet, Friday, 01 February 2013, 01:17 GMT]
The Commander of the occupying Sinhala military in Jaffna, Maj. Gen. Mahinda Hathurusinghe appeared in ‘civil’ in playing the role of ‘chief guest’ at the Malayala Martial Arts performance in Jaffna on Thursday, organized by New Delhi’s Consulate General in Jaffna to mark India’s 64th Republic Day. Earlier, Hathurusinghe used to visit even temples in Jaffna in uniform. His transformation, which should be first questioned by the uniformed personnel of Sri Lanka’s genocidal military for insulting the ‘beautiful’ services they are rendering to Tamils, mark a dangerous stage of the Sinhala militarisation imposed on Eezham Tamils by the powers of vested interests in complicity with the genocidal State in the island, commented alternative political activists in Jaffna. 

Already there is a retired and war-crimes-accused SL Major General ‘in civil’ is occupying Jaffna as the colonial governor of Colombo. What he is doing in colonisation, demographic genocide and structural genocide in vital areas such as education are well known, the activists referred to Chandrasiri. 

The SL Defence Secretary and presidential sibling Gotabhaya Rajapaksa, a former SL military official and a US passport holder now ‘in civil’, coordinates the entire militarisation of the island as well as the annihilation of the nation of Eezham Tamils with the rogue powers of the world on behalf of the agent State in Sri Lanka, the activists said.

Hathurusinghe, at the inception of his appointment as SL commander in Jaffna, immediately after the genocidal war abetted by a bandwagon of the Establishments, was awarded the Gucci Peace Prize, which the occupying SL military paraded as the Asian equivalent of Nobel Peace Prize.
Hathursinghe and his occupying Sinhala military visiting Nalloor Kanthasaami temple in April 2011.
Who is responsible for all what the occupying military has done and is doing to Tamils after the war, which is structurally worse than the Vanni War to the nation of Eezham Tamils in the island, and what do the military minds in the powers convey to Eezham Tamils by their display of these generals - that too when there is a call for international investigations on the war crimes - asked the alternative political activists in Jaffna.

Do the powers, in fact, conduct the militarized structural genocide of the nation of Eezham Tamils in the island as their own programme, the activists further asked. 

Hathurusinghe, whose name literally means, “a lion to enemies”, is not a lion, but only a servant of the international adversaries of the freedom of peoples, the activists said. 

Hathurusinghe in half uniform, performing rituals in May 2011 at the Changkaanai Murukamoorthi temple, the priest of which was allegedly killed by SL military intelligence.

Only way to Sri lanka is international probe. India should support states UNP

Only through international investigation mechanism, law and order can be established in Sri Lanka, hence if India has concern about the welfare of Sri Lanka people, it should support the international probe was a request made by the main opposition party, the United National Party.

By focusing the Geneva human rights council sessions, President Mahinda Rajapakse has toured to India was said by that party.

American diplomatic panel which have come to Sri Lanka on an official tour, have publicly notified that their country will submit another new resolution at the United Nation Human Rights sessions against Sri Lanka.

Concerning this issue, government and opposition parties revealed many opinions. In this state, it is confirmed of submitting a motion against Sri Lanka, and regarding this issue, heated debates are proposed at the political domain about, what sort of stance India would take concerning this.

Regarding Sri Lanka issue, Delhi is proposing negatively and positively and in this state, the United National Party Senior Deputy Leader, former Deputy External Affairs Minister Lakshman Giriyella, was queried by the "Udayan" print media about India's stance concerning the Geneva issue and the conference.

He said, the international activities are not against the country, but it is against the government activities. Government gave assurance to the international society regarding the implementation of the Reconciliation Commission's recommendation.

 It was proposed in the report that independent panels should be established. Hence Police Department, operating under Defense Ministry is not a problem was the recommendation of the military probe report, hence it does need to sulk. But here the report of Reconciliation Commission is important.

Meanwhile it was informed to the world countries during the past,  that the country's judiciary is independent, and  through that administration, action would be taken for  human rights violation, but now what has happened to the independence of judiciary?  Government does not have anything to say in future.

It is compelled to meet Geneva conference as there is no remedy.  Government notified the world countries and internally that it will carry out but nothing got implemented.

Media suppression and white van culture are still continuing.

Concerning White van culture, suppression against civil activists, media suppressions, threats to Judiciary, independent international probe should be carried out.

Mainly not only Tamil people, but currently Sinhala people are facing adversities. Hence concerning the welfare of Sri Lanka people, if India has meticulousness, India should support for international probe, and we appeal for the prosperity of our country people was mentioned by him. 

Friday , 01 February 2013

Where Is The Greatness Of A Buddhist Nation?

By Visakha Tillekeratne - a Buddhist knowing a wee bit of this great philosophy-February 1, 2013 

(Apology to the Mahathma in adapting the saying “The greatness of a nation and its moral progress can be judged by the way its animals are treated” Mahathma Gandhi)

The greatness of  Buddhism

The 2600 Sambuddhathwa Jayanthi was a landmark for introspection for all who respect “humaneness”.Buddhism should signify the highest qualities of humaneness that accompany this most tolerant practicing philosophy. Buddhism and its great humanist elements are not comparable to any organized religion which denigrates actions of beings to the mundane controls and rituals of institutions.

The 4 Divine Emotions (Sathara Brahma Viharana)

Within such a context, let us examine the greatness of a nation – Sri Lanka, against the 4 Divine Emotions of Metta (loving kindness), Karuna (compassion), Muditha (sympathetic joy) and Upekha (equanimity). These are the four divine emotions by which one is supposed to embrace the world and abide by at all times.

The following is extracted from the discourse THE SHINING – THROUGH THE DIVINE

Metta, karuna, mudita, upekkha provide a reflection: they form a sequence of how to relate to the human realm, to the animal kingdom, and to nature.

Metta

Metta is very much how we should relate to ourselves, too. It’s how to relate to ourselves, with kindness and acceptance rather than with aversion and judgement. Metta is about turning the other cheek!

Metta implies that we accept something that may not be very nice – like if you have physical pain or things that aren’t very nice about your body, or your character.

This is because with metta such things are seen as no longer personal, Metta is having perspective and not creating a problem even about the unfairnesses, injustices, inadequacies and so forth,. With metta there’s always the ability to forgive and start anew and to recognise the way things are and not expect everything to fit the ideals we have regarding how things should be. It doesn’t mean that we fatalistically resign ourselves to mediocrity and tyranny and stupidity, but it means that we aren’t caught in the pattern of ignorance conditioning mind formations. So we can bear with the problems of life with  kindness and acceptance.

Tolerance and Acceptance

How kind and accepting are we of all communities and events of recent history of the country.

Do we, the Sinhala Buddhists really accept the Hindus. Muslims, Christians and any others as our own Sri Lankans and vice versa. Isn’t nation building and uniting for the country based on being kind and accepting of all? How much do we know of each other except a few customs at various festivals celebrated during the year? In our innermost self do we accept all – communities and animal life as being equally important in this great cosmic cycle? Or is there a slight disdain of other religions and communities as being inferior to this superior Sinhala race and puritanical Buddhism that is thought to be practised by the pillars of Buddhism in Sri Lankan Society? As the greater in number in this country, should not the Buddhist extend the olive branch to others?

As a Buddhist, however nominal, I am deeply ashamed of the slogans that are sent around these days on Halal practices, showing the face of a Muslim with that of a dog, requesting boycotts of Muslim businesses. Are we going back to another conflict? Are we going back to a primitive age. This is extremely dangerous.

Take the conflict of the past thirty years. This is a case of tit for tat. Constant comparison of the behavior of a legitimate government and the LTTE. Sorry to say that the behavior of the government has been as bad as that of the LTTE. This is evinced by the last phase of the conflict, where both parties were shooting into the “NO FIRE” zone. If the LTTE alone was guilty, well these are terrorists and one expects no better. But for a government that fought a “humanitarian” conflict this is not good enough. Let it suffice to say that in the spirit of loving  kindness – metta, let bygones be bygones and move forward embracing all. Then what are the triumphalist symbols expending large sums of money such as victory parades, stamping on the very spirit of the community under consideration.

The way animals are treated

Let us turn to animals. As Maneka Gandhi says about some who utter this popular phrase about animal lovers that is “such people care more for animals than children” Mme Gandhi says so what? We must care for animals as much as possible as these are the voiceless. Do we accept all animals?  the ugly, the maimed, the ones with bad skin, the taprobane terriers (the so called mongrel or pariah) with loving kindness? How come we have so many pedigreed dogs in this country when there are enough and more taprobane terriers to go around? Would we have so many street dogs if this was the case?

Stigma, Discrimination and Degradation

On another frontier, Sri Lanka released its stigma index in HIV and AIDS a few years ago. We do not augur favourably in this index. This is just an illustration of where Sri Lanka stands in the way we look at those infected and affected by HIV which is just one of the issues, however minute the incidence of HIV is in Sri Lanka.

Stigmatising and stereotyping ails us all. A woman should look this way, she should behave in this way. If not, well, lots of if nots!. A man must behave like a “man” with a set list of characteristics. Tamils are this way. Burghers are that way. Stigma and discrimination truly is an enemy of Karuna and Upekha both.

Extreme degradation of women is at its worst as can be seen from rates of violence. Two gang rapes within a month in the Western province! What about the other Provinces? No basic Karuna is shown.

Karuna or the lack of it

Turning to the second Brahma Viharana, Sri Lankans were known to be extremely compassionate, showingkaruna to all. There are situations where Sri Lankans have been and are outstandingly compassionate. The self mobilization of communities during the Tsunami is a case in point.

What needs attention and correction are the glaring aberrations of extreme compassion to unimaginable cruelty. Some of these examples are the lack of attention or minimum kindness to the differently abled – sometimes locking away such people, lack of attention and compassion towards domestics, the nation’s almost callous disregard of the plight of migrant workers, the neglect of plantation workers, seeming ignorance of the lot of free trade zone workers and even trying to take way their life savings, increasing incidence of child abuse and neglect, one of the highest percentages of domestic violence in the world and the inhumane slaughter of animals especially cattle and animal sacrifice, the abject cruelty to the elephant population and state terrorism in various forms with the citizens of the country tolerating these acts.

As was said by a British statesman about the Irish conflict – if one were to ignore the situation and carry on one is complicit to the act by ignoring. Should we not, as a nation have a “Sangayana”, admit the problems we have as a nation and cleanse ourselves?

Muditha

The third Brahma Viharana, Muditha or Sympathetic joy is reflected in the ability to be truly happy when another rejoices or to be happy helping another. This is the most difficult of the 4 Brahma Viharanas to be understood and practiced. It is easy to practice at an individual level, but how do we achieve this at  community  or national level?

In the neighbourhood, what is the genuine response to an achievement of a family or household? In the work place how supportive are staff members of one who has the ability to achieve? Is it Muditha that is practiced or is that person as the popular adage goes pulled by the leg in order not to achieve? Do politicians, especially those holding portfolios genuinely have sympathetic joy in the achievement of a fellow politician? Are academics and professionals happy to see the outcomes of good research and the recognition of colleagues? Perhaps we need to evaluate these personally, as communities and as a nation?

STOP being in denial.

If Emperor Asoka could change from bloodshed to Buddhism and as a result Sri Lanka received this sublime gift of Buddhism, why cannot we change?

Upekkha

The last of the Brahma viharanas is Upekkha or equanimity which is treating all beings with no difference in other words equally and with calmness. Arguably none of these ideal behaviours exist in the world. However a nation’s greatness is in achieving at least some semblance of these. Alas Sri Lanka’s method of recruitment to high posts for examples is nepotism. There in lies no equanimity on the part of the state. If you are a friend or relation of the powers that be there is no upekka whatsoever.

On a personal level we have different yardsticks for treating those below and above us. Different values to the gifts we give and the way we entertain people is very different. On a scale of one to ten, in that ten being the best if one is a male and very rich treatment is very grand and if one were a domestic and female especially from an estate treatment is less than one, in fact, it goes into minus.

So what?

There can be a debate on the aforementioned behaviours with the popular phrases of so what? This is the same in many countries and among communities, Sri Lanka has great Sinhala Buddhist values and we are superior – we are a shreshta nation. We have a great culture and a long history Of course we have been and can be great once again.

The key to the Brahma viharanas is tolerance.

Let us seem to and be tolerant. At the moment finding tolerant behaviour is like finding a needle in a haystack. Or at the very least don’t try very hard “JUST DO NOT HARM ANOTHER”

To fellow Buddhists, before going after other religions, seek introspection and let us reform ourselves among the Buddhist community.

If Bodu Bala Sena is going to engage in this introspection, very good. However if Bodu Bala Sena is on a witch hunt of Muslim businesses, examining construction of mosques and declaring sacred Buddhist areas while pushing out churches, kovils and mosques, changing demography by encouraging 5 marraiges for Buddhists, well, a good re-think is necessary.

The communities other than the Buddhists too, should self analyse and cut out the rot. Fundamentalism is rearing its head from all corners. Together we have to build this country. This after all is a land like no other and we love our country.

Independence Day 2013

This is my country, I’ll never leave it – Shirani

FRIDAY, 01 FEBRUARY 2013

She has no intention of leaving the country abandoning the masses who risked their lives at the impeachment process emphasizes former Chief Justice Dr. Shirani Bandaranayake.  She emphasized this expressing her views regarding reports on certain media that she had been invited by international community for various posts said a senior lawyer of ‘Lawyers’ Collective’.

Independence Day 2013

Groundviews 

“The independence of the judiciary has been already murdered. There is nothing left to be destroyed. I didn’t fight the impeachment not only for myself. I fought for the independence of the judiciary. There were many who fought with me resolutely. They too have received death threats now. In such a situation I would not leave the country abandoning others. This is my country and my people,” she had emphasized.

Image via Sri Lanka for 91 Days

This Monday President Mahinda Rajapaksa will celebrate Independence Day in Trincomalee, under the theme Prosperous motherland and an affluent tomorrow.

For weeks Trincomalee has been getting a facelift. Roads are being widened, buildings painted, and signs hung. A ‘red alert‘ (Editors note: this link to TamilNet article will not work if accessed in Sri Lanka) was issued by the Secretary of Defense, which has led to a dramatic increase of police and military presence. I’ve been told by a community leader that those with LTTE ties have been detained for the week; remember that in 2002 the LTTE claimed Trincomalee as their capital.  According to business owners, police or military have visited every store in town, telling them to close their shops on Monday.

Schools in the area have been closed so that students could prepare their town, as well as to provide additional space to house military personnel. Buses full of students playing instruments could be heard around town Thursday. The parade on Monday will consist of 3,000 personnel from the tri-forces, and will commence at 9am.  The Culture and Arts Ministry has organised a cultural pageant consisting of 860 performers and several elephants.

On Thursday morning a seemingly endless stream of buses started rolling into Trincomalee via Kandy Road. Allegedly Sinhalese are being paid to come to Trincomalee for the festivities. It has been almost half a century since Sri Lanka’s independence has been officially celebrated in Trincomalee.  The government expects 100,000 people to attend the ceremony, which will take place at Fort Frederick. This will be the third time that the holiday is celebrated in Trincomalee, the first was 1953 and the second was in 1965.

Update – The Case Against Mohan Pieris Misconduct: Pieris Himself Chaired The Bench

By Mudliyar -January 31, 2013 

According the official record released by the Supreme Court yesterday (See the copy below), the case ( which challenges Mohan Pieris’s conduct was due to come up before a bench headed by Justice Shiranee Thilakawardane. However, it has been altered at the last minute, permitting Mohan Peiris himself to chair the bench as the Chief Justice, to hear the case, where he himself was accused in a major revenue fraud.

Mohan Pieris

However, when it was brought to the notice of the Court that this is a matter challenging his conduct as the AG,Mohan Pieris immediately withdrew from the hearing and the matter was re-fixed for support by the other two judges and the case is now due to come up tomorrow again. As per the case record, including today’s postponement, it is learned that this case has been postponed for 19 times, since filing of this case on 24th September 2010.

After the postponement of the matter and on the way to the Court car park, it is reported that some media men and Counsel  Nagananda Kodituwakku‘s team had observed three people in a red colored Toyota car acting in a suspicious manner. They have tried to obtain some images of those people but before that those people have vanished from the Court premises. However the team has managed to obtain the registration mark of the car and to obtain registered keeper details from the RMV. According to the counsel, he had alerted the police about this incident with the details of the car given, urging the police to inquire to the matter immediately and provide a feedback. Our inquires on the matter reveal that up to the time of writing there is no response from the police yet.

Related posts;

Mohan Pieris’s Gross Misconduct And Dishonesty Exposed Before The SC

Aspirant CJ Mohan Pieris Exposed: Professional Misconduct As Attorney General

Rs 619 Million Public Funds Fraud Case Against Mohan Peiris And PB Jayasundara: The Lawyer Was Threatened

Mass struggle necessary to protect sovereignty of law – J.C. Weliamuna

FRIDAY, 01 FEBRUARY 2013

“A more serious situation than the impeachment of the Chief Justice has cropped up now. We have to engage in a struggle to re-establish the independence of the judiciary. I believe it is the primary requirement of the present time.

This situation would not have any bearing on lawyers. It is the people and their legal matters that will be affected. Finally we have to tell the people to be prepared for this reality,” said senior lawyer J.C. Weliamuna.

“The legal community struggled with the masses to prevent the impeachment process. However, we couldn’t stop it. There is no possibility for us to take the struggle to the same level. We have to look beyond the legal community and merge with the masses if we are going for such a struggle again.”

Explaining the situation that has arisen after the removal of Dr. Shirani Bandaranayake from the position of chief justice through impeachment process Mr. Weliamuna further said, “In such a struggle we could bring the necessary awareness. Also, as the legal community we are able to mediate in certain issues.

The whole world knows that the process adapted to remove the Chief Justice was against the Constitution and the law of the country.   Also, a new chief justice has been appointed without considering the directives by the Supreme Court. With this appointment the constitutional crisis has become chaotic. Also, the President, instead of finding solutions for the issues that have sprung up, is making new appointments.”

Manjula Tillekeratne transferred

FRIDAY, 01 FEBRUARY 2013

Mr. Manjula Tillekeratne, who functioned as the Secretary to the Judicial Service Commission, has been transferred as the District Judge of Ratnapura. However, Ratnapura already has a district judge.

Mr. Manjula Tillekeratne was attacked by thugs on 7th October. However, no one has been arrested regarding this incident yet.

Meanwhile, High Court Judge Sisira Ratnayake has been appointed as the new Secretary of the Judicial Service Commission and he is expected to assume duties on 5th February say reports.

Also, it is reported that Gampaha Magistrate Ms. Kemha Swarnadhipathy has been appointed the Additional Secretary to the Judicial Service Commission

Sisira Ratnayake, appointed as Sec. of JSC

The former secretary of the Judicial Service Commission (JSC) Manjula Tilakaratne was appointed as the supernumerary District Judge of Ratnapura, while High Court judge Sisira Ratnayake has been appointed as the secretary of the JSC.

Some Reflections On The Outdated Notion Of Parliamentary Supremacy

By Jayantha de A. Guneratne -February 1, 2013 

Dr Jayantha de A. Guneratne PC

During the recent controversies on the impeachment of the Chief Justice of Sri Lanka, the view has been taken quite strongly by parliamentarians of both the government and the opposition that the orders of the Supreme Court and the Court of Appeal (S.C.Reference No. 312012/C.A.(Writ) Application No.35812012, 01.01.2013, 07. 01. 2003) issued against the proceedings of the Parliamentary Select Committee which inquired into the impeachment, is an affront to the supremacy of Parliament. This short reflection is an attempt to deal with some of these fundamental misconceptions.

Constitutional culture in the British tradition

It must be said that in England, when the supremacy of Parliament was firmly established at the turn of the 17^th century through an alliance of the lawyers and the judiciary, this was done to overcome the authority of the Monarch. An inevitable consequence of that was the entrenchment of the Independence of the Judiciary through the concept of the Separation of Powers. Even in regard to laws passed by Parliament thereafter, a convention that had been built into British Constitutional Law is not that the Judiciary cannot review legislation but that it will not. Such is the constitutional culture that invests the British legal tradition. These are matters that anyone who has even a nodding acquaintance with British constitutional history and law, as revealed by academic authorities such as S. A. de Smith, Hood Philips etc. in their writings, would be aware of.

Sovereign power of the people

In contrast, taking the Parliamentary history of Sri Lanka, after independence under the Soulbury Constitution through 1946 to 1948, parliamentary supremacy had never been established as the predominant characteristic of that Constitution. However, this concept came to be established under the 1972 Constitution when in Article 44, the National State Assembly (Parliament) was made the supreme instrument of state power.

Yet what is important to note is that this reasoning was unequivocally departed from by the present Constitution (1978) through the introduction of the concept of sovereign power of the people (Article 3). This was made a justiciable provision by virtue of Article 83, prompting the Supreme Court in reported cases to note that, unlike under the 1972 Constitution, there were limitations on the powers of Parliament. This meant in brief that the powers of Parliament were confined to the legislative power to pass laws, which clearly goes against an argument that, the predominant characteristic of the present Constitution is “the Supremacy of Parliament” 

The two orders of the courts

Taking this argument further in the practical context of the two orders of the Supreme Court and the Court of Appeal in issue, it must be said that there is nothing to prevent Parliament in the exercise of its legislative power, under Article 75 of the Constitution, to introduce a Bill, conferring power on the Speaker to constitute a Select Committee of Parliament to investigate and report on any alleged misbehavior or incapacity of a Superior Court Judge. This is subject to such a Bill being determined by the Supreme Court as to its constitutionality, having regard necessarily to Article 4(c) of the Constitution. For that reason, the Supreme Court may well hold that a 2/3^rd majority in Parliament as well as a referendum of the people would be required.

Relevantly, the Supreme Court in its aforesaid order, determined that, “it is mandatory for the Parliament to provide by law the body competent to conduct the investigation contemplated by Article107 (3) …..” and that, “matters relating to proof being matters of law, also will have to be provided by law…..”

Standing Order 78A deficient in many respects

It must be noted in this context that Article 107(3) of the Constitution itself is silent as to the said body competent to conduct an investigation and report as contemplated by that Article. Therefore, it may be observed that the order of the Supreme Court, stands fully justified within the confines of the constitutional provisions in as much as a Select Committee appointed by the Speaker under a Standing Order (78A) does not measure up to basic conditions.

First, such a Select Committee could not be regarded as such a competent body. Secondly, the said Standing Order (in any event), has not provided for matters of proof for the Select Committee to adopt and act upon rendering the said Standing Order arbitrary, to say the least. Thirdly, (even though the Supreme Court has not explicitly referred to the same) the joint act of the Speaker and the Select Committee are obnoxious to Article 75 read with Article 76(1) of the Constitution.

Supreme Court’s exclusive power to interpret 

Meanwhile, the view has been expressed by speakers on national television in Sri Lanka during the recent month, that, the words “…… or Standing Orders” have been rendered a dead letter by the said order of the Supreme Court. This view ignores not only the fact that, it is the Supreme Court that is constitutionally conferred with power to interpret the Constitution (under Article 125 of the Constitution), but also the fact that the Court has given specific reasons for the interpretation it has handed down.

However the question may legitimately be asked then, have the framers of the Constitution used the words “or Standing Orders” in vain? For the reason that, Article 107(3) refers not only to law but also, in the alternative to Standing Orders as well. To answer that question it is necessary to once again look at the terms of Article 107(3) which decrees that ‘Parliament shall by law or by Standing Orders provide for all matters relating to the presentation of such an address, including the procedure for the passing of such resolution, the investigation and proof of the alleged misbehavior or incapacity and the right of such Judge to appear and to be heard in person or by representative.

Omission of the legislature

As noted initially, Article 107(3) does not refer to and is silent as to the forum to provide “for all matters relating to the presentation …… etc.” Once a proper body competent to conduct the investigation under 107(3) is created, that body may then be in a position to provide for “all matters relating to the presentation ……… etc” That body must necessarily therefore be first established by law (Act of Parliament) which may well be even a Select Committee of Parliament which would then be competent to make Standing Orders in regard to the matters referred to in Article 107(3).

That omission of the legislature in regard to reference to the forum in Article 107(3) of the Constitution has been supplied by the Supreme Court, (as the apex court of the country) under Article 125 in interpreting the Constitution by holding that this must be done by law and not by Standing Orders Thus, the words “…..or Standing Orders’ in Article 107(3) have also not been used in vain.

To recap, what was sought to be done by Parliament, could not have been done by a Standing Order, which in any event does not conform to the terms of Article 107(3) of the Constitution. And Article 107(3) being silent on the body that must be established to investigate and report on a Superior Court judge’s alleged misbehaviour or incapacity, such a body must be established by law and not by Standing Order. Matters relating to proof by such a body must also be provided by law and not by a Standing Order, which in any event, the impugned Standing Order 78(A) itself does not provide for.

Certainly, as practising lawyers, there are judgments that go against us. We may not agree with such judgments wholesale. Yet, we are obliged to advice our clients in pursuance of our forensic duty to say, that nothing more can be done when the apex court determines on some matter.

An unenviable grundnorm for Sri Lanka

The consequent Court of Appeal judgment upon the Supreme Court ruling was that it had no alternative but to issue a writ of certiorari to quash the finding and/or the decision or the Report of the said Select Committee. Rightly, the jurisdiction of the Court of Appeal vested under Article 140 was held not to be subject to express ouster by the Constitution through a reading of the relevant constitutional articles.

In conclusion and reflecting on the unenviable controversies that this country’s law and judicial institutions have been subjected to in recent months, it may be said that though a Constitution is supposed to be the grundnorm (ie; basic norm or order), had Hans Kelsen been asked to comment on the current relevance of that theory, he would have been compelled to concede that he had gone drastically wrong somewhere in propounding his theory, at least in regard to the Sri Lankan situation.

 *Dr Jayantha de A. Guneratne, President’s Counsel