Peace for the World

Peace for the World
First democratic leader of Justice the Godfather of the Sri Lankan Tamil Struggle: Honourable Samuel James Veluppillai Chelvanayakam

Saturday, March 30, 2013


Eurozone Hits Another Deadly Snag While The Gota-BBS-JHU Fascist Lump Gains Ground

Colombo TelegraphBy Kumar David -March 30, 2013 
Prof. Kumar David
The global economic downturn is not petering out: Eurozone hits another deadly snag
It has been a dreary week, everything went as expected. The Rajapakse government had its ears boxed in Geneva, but it will go on just as before; or worse, if the Gotha-BBS-JHU fascist lump gains ground in a backlash of extremist ranting. (Are Mahinda and Gotha out of sync, or just playing bad-cop, worse-cop?). Internationally, Obama’s Presidential visit to Israel is the most inane in living memory. And thirdly, the global economy still shudders in the pits, despite misread signals of US recovery. More on the global economy anon, my subject for the day. I wish to start of with a few comments on the absurdity of Obama’s Middle Eastern gyrations.
The two-state solution is dead, buried and new settlements, if not grass, have overgrown its grave. I was among many who believed it was possible; it seemed the only feasible option. But Jewish settlements, with the fullest encouragement of Natanyahu’s allies have proliferated on the West Bank like spores on a child with chickenpox in-extremis. Settlers have swarmed and will never abandon newly occupied land; the government will not contemplate slowing settlements, let alone pulling back those already situated. Except for tiny Gaza Strip, there is no land for a Palestinian State, not even in a hideously serrated version of the Pondichchery-style. What can be imagined at most is a network of Palestinian municipalities, trapped and surrounded by a Jewish state.
A one state solution, Greater Israel (or Palestine), is also a non starter. Jews and Palestinians of the greater region (Israel, West Bank and Gaza) are equal in number – 6 million each – not counting 3 million Palestinian refugees in Jordon, Lebanon and Syria. Palestinians breed twice as fast as Jews (more fecund women, higher sperm count in men, or more frequent copulation I do not know) and will massively outnumber the latter within a decade. That would be curtains for a Jewish state. What to do? Declare Palestinians vote-less, right-less Bantus, as Afrikaners called blacks, or make them stateless as Senanayake-Bandaranaike renderedUpcountry Tamils? Two states are no longer feasible; one state will be an Old Testament nightmare for Jews. Why Obama played pantaloon in Jerusalem I don’t know. The elections are over, no need to keep the lid on a troublesome Jewish-American lobby; what’s he up to?
Little Cyprus derails the mandarins in Brussels
Having got these gripes off my chest let me turn to the New Depression which is stubbornly with us. None of the fundamental restructuring that needs to precede a re-floating of global capitalism has been undertaken; theEurozone has hit a hard rock in Cyprus; the spill may spread to Southern Europe; the touted recovery in the US is a chimera; India is slowing; these days even China is feeling unwell. I will confine this piece to the Cyprus-Eurozone conundrum and the US false dawn.
The Cypriot banking system has collapsed; only blood transfusion from Europe, pillaging savings over Euro 100.000 (could be as high as 40% confiscation) and closing down banks has staved off death. When the Greek economy crashed, the state was indebted beyond its ability to repay, so arguably one could say the people had been living beyond their means. (This is not strictly true; it is the propertied and financial classes that were responsible for the squander). The glaring difference with Cyprus is that it is not the state, but the banks that have gone belly up. Cypriot banks played finance capital’s game to the hilt, opening offshore accounts and dodgy instruments that saw their deposits at one stage exceeded the GDP of the country eight fold! When New Depression contagion reached Greece, banks in Cyprus who had put money into Greek sovereign bonds, lost $4 billion in the “rescheduling” (partial default) and tottered. Hence the collapse in Cyprus is not obscured by a crisis of government. It is an unambiguous flop of finance capital and its panoply of new fangled products. It bears repetition, again, that profligacy or over consumption by the people of Cyprus played no part in the disintegration; it is caused entirely by finance capital’s wheeling and dealing. Crumbling of the finance sector, specifically the banks, is a textbook case of the “normal” life cycle of finance capital in an interconnected world. It is a cog in the mechanics of the global New Depression.
The Cypriot aliment looks like peanuts; a $20 billion handout from the ECB or Germany can fix the impending default. But politics to the fore; taxpayers in rich Europe are fed up with bailing out Portugal, Ireland, Spain, Greece; their legislatures are in strident protest. Angela Merkel has to find a way out that won’t be suicidal at the next elections. The fix that the mandarins in Brussels offered was “OK we will come up with $13 billion, but Cyprus must contribute $7.5 billion by confiscating a portion of bank deposits”. Initially, a 7 to 20% confiscation rate on all deposits depending on size was mooted. All hell broke loose and the streets of Nicosia ran red with revolt. Parliament, under pressure from the streets, threw out the deal without a single vote in support. Now what? Will the ECB pull out, will the banks collapse, will there be a run on the banks in Greece, Spain, Portugal, even Italy, will Cyprus be kicked out of the Eurozone (How? There is no exit mechanism in the EU Charter)? Little Cyprus has thrown the Eurozone, and the wider EU into panic. Eventually Cypriots were frightened and browbeaten into a compromise and thousands of bank workers will be fired.
What grates is that the offshore money stashed away in Cyprus is loot laundered by Russian oligarchs (Euros 20 billion). They plundered Russia, in and before the Putin period, with about as much restraint as Ferdinand, Imelda and their cronies looted the Philippines. Bail out Russian crooks using the savings of Cypriot wage earners and German taxpayers! The morality stinks and images of the rot are not lost in peripheral Europe. The first alarm signal will be if panic spreads and there is a bank run elsewhere in Southern Europe. The capitalist state can no longer guarantee citizen’s deposits since, by predilection and preference, it protects senior bond holders, investors, market funds and institutional investors. Cyprus is threatening to open the flood gates of a very dirty sewer.
As the Eurozone staggers from crisis to crisis, Europe as a whole has not shown signs of economic recovery. The British Government admits recession will drag on for another 18 months; Germany entered recession in the last quarter of 2012; Italy seemed to recoup, but after the February elections nothing can be said; Syriza on the left and the fascist ultra-right are gaining ground in Greece. Europe is stumbling.
America the magnificent?
In the midst of gloom the numbers coming out of America were greeted as a beam of sunlight. The Dow stock-market index, at last, broke through its pre financial crisis record and reached 14,250; unemployment declined to 7.7%; business confidence indices and consumer spending are both up since the last quarter of 2012; US house prices have been recovering for four months. The question is will a strong US recovery, with a little help from China, pull the rest of the world with it? Is the New Depression finally petering out? My response is a big NO.
This recovery is a Fed-Treasury engineered chimera. Ok, the job of athe capitalist state is to bailout capitalism when it falls flat, and to care not a hoot about the free-market; which in any case died five years ago when neo-liberalism was debunked. The Fed-Treasury engineered an apparent recovery by massive injection of liquidity, holding nominal interest rates so low that real rates are probably negative much of the time, and accumulating sovereign and central bank debt like there is no tomorrow. Isn’t this classic Keynesianism where government intervenes with programmes of public works and demand creation which, through a multiplier effect, kick-start the economy? Decidedly not! The trillions of dollars printed in quantitative easing (QE) interventions are not feeding public works, infrastructure building, employment generation and demand creation. I dare say some of this is happening, but the thrust of the QE programmes is consolidating bank balance sheets, rescuing mortgage backed security instruments, and holding up finance capital lest it totter and fall again. The difference between government intervention in the Great Depression and the New Depression is that the former targeted the real economy, the latter aims to rescue finance capital. This is a measure of changed balance of class forces in America, but I cannot pursue that here.
An asset-price bubble, fuelled by QE’s cheap money, is sizzling. US stock prices (Dow) have more than doubled in value in the last two years though US GDP rose only 7% in the period. (The Shanghai stock-market has hardly moved though China’s economy has grown 40% in five years). US company dividends outside the financial sector are disappointing, equity p/e ratios hover around 25; too high. Markets are spiralling into a bubble which will end in a bust when the Fed tightens liquidity and raises interest rates, as it must at some point, to control burgeoning sovereign and corporate debt. The same is true of another financial sector; mortgage finance and a cheap-cash driven housing market. Excess liquidity is moving into Corporate Bonds and yields have fallen. All serious bourgeois economists I have read are unanimous that this bubble is unsustainable; some predict a bust worse than 2008 – another Lehman Moment.
It is the one sector that does matter, manufacturing, broadly the real economy of goods and useful services, that has not turned the corner. The exception is shale gas, shale oil and industries that benefit directly from these advances. Here something worthy of capitalisms once fabled innovative dynamic of feverish growth is discernible. A flicker before darkness descends? Elsewhere, China has pruned back its forecast GDP growth rate for the next several years to a shade over 7%, while India’s is dipping badly having fallen to 4.5%. To hope that deceptive economic indicators from USA signal salvation is delusory.


Leading archaeologist calls for accountability on Matale mass grave

The skulls and partial skeletons were discovered in November 2012 by construction workers building a biogas facility at the main government hospital in Matale.


30 MARCH 2013
BY KITHISIRI WIJESINGHE
Following reports submitted by Professor in Archaeology Raj Somadeva and Forensic medical specialist Ajith Jayasena, who investigated the unearthed human remains, Matale Magistrate Court has confirmed that the deaths can be dated to a period when a Sinhala youth uprising was defeated by Sri Lanka’s military.
The time of the killings were determined by ‘material objects’ identified by the investigators. On the basis of archaeological and forensic evidence provided by experts Matale Magistrate and Additional District Judge Chaturika De Silva has said that the bodies were found to be of those killed between 1986 and 1990.
The Sinhala youth uprising led by the Janatha Vimukthi Peramuna (JVP) during the period was crushed by  state armed forces in 1989. The number of unaccounted youth at the time under the rule of United national Party (UNP) was estimated to be over 30,000.
Professor Raj Somadeva says that no evidence could be found to demonstrate the Matale mass grave deaths were due to natural causes or an epidemic.
Therefore, ‘I have said in my report that there should be someone who is responsible for this mass grave,’ the Uppsala University archaeology scholar told JDS by telephone.
Judicial Medical Officer Dr. Ajith Jayasena has earlier told BBC that the mass grave should be regarded as a crime site as it was not a regular place of burial.
"Evidence of decapitation, dismemberment and concealment" indicates that "crimes were committed," Dr. Jayasena told Al Jazeera.
Raj Somadeva of the Kelaniya University’s Postgraduate Institute of Archaeology said that the bodies were buried ‘not in a manner that is characteristic of any Sri Lankan community’.
“Some were found by themselves. There were other bodies stacked in groups of six and four. Only skulls of some of the deceased could be found. Only partial skeletons in some other cases,” he added.
‘Gota’s War’ on Matale
Sri Lanka’s powerful defence secretary was the military commander in Matale a few years into the JVP uprising, reveals a biography released last year. In ‘Gota’s War,’ Journalist C. A. Chandraprema says that Gotabhaya Rajapaksa was promoted as ‘the commanding officer of the 1st Battalion of the Gajaba Regiment’.
“With this promotion, he was posted to Matale as the district coordinating officer tasked with bringing the JVP under control. The first Gajaba Battalion, which had been in Trincomalee for nearly one and a half years, was brought down to Matale,” Chandraprema writes in chapter twenty eight ‘The Second JVP Insurrection’.
He also records that senior Sri Lankan commanders accused of war crimes during the offensive that defeated Tamil Tigers militarily in 2009, assisted Gotabhaya Rajapaksa in the crushing of the JVP in Matale district.
“Lieutenants Shavendra Silva, Jagath Dias and Sumedha Perera were among his company commanders in Matale,” says ‘Gota’s War’. Until the military defeat of the JVP in 1989 the present defence secretary has ‘remained the security coordinating officer of Matale,’ and in January 1990, ‘he applied for three months leave and went to the USA to see his family’.
The JVP and its breakaway group Frontline Socialist Party (FSP) who suspect that the destiny of their former comrades and their loved ones could be established from the Matale mass grave remains, have called for a ‘thorough inquiry’.
Meanwhile, a senior official of the presidential committee appointed to investigate disappearance during the period says that the UNP government prevented the publishing of evidence provided by members of the public. Former Secretary of the Special Commission of Inquiries on Disappearances, ICM Iqbal told JDS that the government ‘intentionally removed evidence given by victims on mass graves and torture chambers’
“The commission was barred from publishing those details for a further thirty years,” he added.
Military torture chamber near Matale mass grave
by Ranga Jayasuriya-2013-03-30


In a damning disclosure, the survivors of a military-run detention centre that existed during the southern counter-insurgency campaign have alleged the army had operated a torture chamber in a government school in the vicinity of the mass grave of Matale in 1989-90, and that the skeletons of the mass grave belong to the victims of that torture chamber.

 
The shocking disclosures come in the wake of Carbon C 14 Dating findings that have revealed the skeletal remains of over 150 bodies, unearthed from the mass grave, were buried in the period of 1986-90. Pubudu Jayakody, Political Secretary of the Frontline Socialist Party (FSP), who insisted the remains that were unearthed from the mass grave were of his former comrades of the JVP, said the inmates of the torture chamber, which was operated from Vijaya Vidyalaya in the 1989-90, would soon come out to narrate their ordeal in the torture chamber.


Concern for their security is keeping them away for the moment, he said.
"A torture chamber was operated by a unit of the Gajaba Regiment of the Army in the Vijaya Vidyalaya, which was located in the vicinity of the Matale Hospital," he said.


"There are survivors of that torture chamber. And some of them are active members of our party to date and they will soon come out to reveal their experiences in the camp," he said.
On Thursday, Jayakody lodged a complaint with the Human Rights Commission of Sri Lanka demanding an inquiry into the mass grave.


Two specialist reports, which were submitted to the Matale Magistrate, have revealed the skeletal remains belong to the period of the Southern uprising, during which the security forces and the State-backed death squads were accused of carrying out large-scale extra-judicial killings and mass disappearances.


A report of the Judicial Medical Officer of Matale, which was submitted to the Matale Magistrate early this week, has explained in gory detail the torture the victims had been subjected to.
The report detailed that heads had been severed from the bodies of the victims using an electric saw and some skulls bore evidence that nails had been inserted into the heads of the victims. The report has also revealed the skeletons bore marks of being attacked using blunt weapons and subjected to extreme torture.


Prof. Raj Somadeva, professor of forensic archaeology at the University of Kelaniya in an earlier report confirmed the grave cannot be older than 1986 and newer than 1990.
Prof. Somadeva was commissioned by the Magistrate to prepare a report on the mass grave

‘So-Called Impeachment’ Of CJ Dr. Shirani Was Illegal And Flawed – Justice Wigneswaran

By Colombo Telegraph -March 30, 2013 
Colombo TelegraphSenior Attorney at Law, Upul Jayasuriya was inducted President, Bar Association of Sri Lanka at the 39th BASL Convocation graced by Dr. Shirani Bandaranayake, 43rd Chief Justice. The induction was held at the Nawarangahala Hall and graced by many dignitaries including former President Chandrika Kumaratunga and many religious leaders.
CJ and Justice Wigneswaran | File photo
Retd Supreme Court JusticeC. V. Wigneswaran as keynote speaker, emphasised that the ‘so-called impeachment’ of CJ Dr. Shirani Bandaranayake was illegal and flawed. He said that the disregard of the court rulings that the impeachment was unconstitutional and completely undermines the rule of law.
He said he’s glad that the legal profession has realised the important task pf embarking on a difficult journey to restore legitimacy to the judicial system. He warned that this difficult journey involves dangers including state sponsored character assassinations and even physical violence. He said he wished Mr. Upul Jayasuriya the strength to carry out the overwhelming mandate for this task given by the legal profession.
Shirani Bandaranayake attended the Annual Convocation of the Bar Association of Sri Lanka
Former Attorney General Sunil De Silva, PC also spoke. He spoke of the need for an independent, fearless Bar for the wellbeing and efficacy of the judiciary.
Attorney General Palitha Fernando who came for the function left early without inducting Jayasuriya. Senior lawyers said he was afraid the Rajapaksa regime would punish him if he remained. The Colombo Telegraph learns that de facto CJMohan Pieris who was not invited by the Bar had wanted pro-govt lawyers to refrain from attending. However, there was an impressive turnout of the most respected silks and seniors of the Bar.
Solicitor General Yuvanjan Wijeyatilleke who is known to be canvassing for appointment by PresidentRajapaksa as a Supreme Court judge, was also absent.
Several senior lawyers told The Colombo Telegraph that this was a reflection of the servile condition of senior public officers under the regime, especially after the 18th Amendment to the Constitution.

Sri Lanka Bar Association creates history today; Lawyers look to the future

Saturday, 30 March 2013 
The Bar Association announced the results of the Executive Committee elections of the Bar Association held today, a month after the election of Mr. Upul Jayasuriya as its President;
A. Deputy President: Prasanna Jayawardana (uncontested)
B. Treasurer: Upul Deshapriya
C. Executive Members Below 10 year (Madhbhashana Ariyadasa and Eraj de Silva)
D. Zonal Members from each Zone (all elected - One each from a Zone. This includes Lal Wijenayaka from Kanday and Ms. Abhimanasingham from Jaffna. Almost all elected from the Zones were opposed to the Impeachment.
E. Election of Six Members (the main elections) from the Delegates - 12 contested.
1. Srinath Perara (357 votes)
2. Dr. Sunil Cooray (330 votes)
3. Gunaratne Wanninayaka (322 votes)
4. Ajith Pathirana (317 votes)
5. Anura Meddegoda (253 votes)
6. K. S. Ratnavale (251 votes)
Please note that 5 of the above candidates and those who were elected uncontested today were in the forefront of the Lawyers Collective and the other candidate too was openly opposed to the Impeachment.
The Government supported three candidates (W. Dayaratne PC, Mahesh Katulanda and Prinsith Perera) but all of them lost the elections.
Secretary of the Bar Association will remain unchanged as there was no context last month.
We are awaiting the historic convocation today at 5.00 p.m. at Navarangahala.
Lawyers Collective

Lankan maid attempts suicide

SATURDAY, 30 MARCH 2013

A Sri Lankan housemaid tried to commit suicide inside her sponsor’s house at Mangaf after taking an unspecified quantity of medicine.

The Kuwaiti woman sponsor was surprised when she went to the maid’s room and found her unconscious on the floor. The sponsor notified the Operations Room and a team of rescue men rushed to the scene. The maid was referred to Adan Hospital and admitted to the Intensive Care Unit.

Initial investigations revealed the maid was facing a domestic problem in her country and had been given a sum of money to be sent to her children by the sponsor. A case was registered against the maid.(Arab Times)


What Will Happen If Mohan Pieris Continues To Act As If His Conduct Is Valid In Law

Colombo TelegraphBy C. V. Wigneswaran -March 30, 2013 
Justice C.V.Wigneswaran
Your Ladyship Dr.Mrs.Shirani Bandaranaike, President Mr.Upul Jayasuriya, Former Attorney General Mr.Sunil de Silva, my dear Brothers and Sisters!
It was not very long ago that I had the good fortune to address the Original Judiciary at their Annual Judicial Officers’ Conference. I  mentioned  then that it took eight long years since my retirement for them to remember me. It was indeed a pleasant surprise when your President- elect just a few days ago, last Wednesday, called on me to invite me to address you.  Despite the short notice it showed that the Legal Profession  still  appreciates  though rather belatedly the values and principles for which some of us stood for at great inconvenience, when in recent times such values are getting watered down or eroded around us.
I have no doubt kept away from such Inductions for some time preferring to lead a life of low profile and contentment but of course finding out from friends and others as to what was happening in the Legal Profession as well as in Courts.
Many of you might not know that I had been in the profession actively practicing for fifteen years before being called to serve the Judiciary in 1979. In 1977 I was one of the young Lawyers who went up to the late Mr.Neville Samarakoon, Queen’s Counsel, and invited him to come forward to contest the post of President, Bar Association. He said “Leave me alone! I like to lead a peaceful life!” He went on to elaborate on what he considered as essentials to his life-peaceful, which I believe is not relevant here!
But within a few months he had consented to shoulder the mantle of the Chief Justice of this Country. Soon after at a party I asked him “Sir! You were reluctant to contest the post of President, Bar Association but Destiny seems to have designed other plans for you.” He laughed, puffed at his pipe and said “When J.R.called me and asked me to accept the office of Chief Justiceship I told him “On one condition”. He asked what it was. I said “No interference of any sort”. “He agreed. So I agreed!”  he said. How thereafter President Jayewardene forgot his promise and interfered with the Judiciary and what that led to, are part of our unfortunate history.
Despite the many regrettable incidents that have plagued our Legal System in the last three and a half decades, the future of the profession did not look as bleak as it does today.  For a person who is completing fifty years in the profession next year, of which twenty five were on the Bench, the trajectory of the Legal System has been depressing and most recently alarming.  We are at the nadir in every aspect of our profession. None so alarming as the systematic institutional erosion.
The powers that be in this Country are missing the wood for the trees, it appears. By interfering with the Independence of the Judiciary they are disturbing the course of Law and Justice in this Country for all time. To them, it appears, what are taking place in Sri Lanka are mere incidents or a series of incidents of inconsequential value. They are like the few trees visible to their eyes. But they do not appear to have any idea as to the avalanche that is to fall and pervade the entire Judicial future of this Country; the dangerous jungle into which we have stepped on. Bigoted and short sighted we are,we do not see the writings on the wall.
We must not flex our muscles when dealing with Religions or Courts of Justice. However provocative any Religious Organisation might appear to be, flexing muscles at them is not the proper procedure to be adopted. Especially when such Organisations have emotive votaries not only locally but also outside our Country. And again under the present context resorting to hoodlum tactics with Courts of Law too is also ill-advised
The attack on religious freedoms radicalises the polity and unleashes dangers that cannot be controlled even by those who foster them.  The attack on the temple of justice removes the only rational and non-partisan check on government and individual excesses.  The combination of the two at present is both a time bomb waiting to go off and a cancer spreading to other areas at the same time.
The absence today of one of the special Invitees, whose religion and whose profession are under attack, underscores the extent of the pressures exerted on even well meaning individuals, and the debilitating effect it has on their ability to act according to their conscience.  In this regard I must commend the Honourable Attorney General for discharging a customary obligation without fear.
We have seen politicians who fan religious fervour paying with their lives to the extremists they helped create.  I have seen politicians who tried to interfere with the Law and Courts of Justice, later falling prey to their own machinations. It is best to discuss matters of importance regarding any Religious Organization with their spokespersons or leaders rather than resort to violent tactics. So too it is best to allow the Judiciary to carry on undisturbed conforming to the delineations set out by Law for them. If we bend or seek to bend Legal Institutions to suit our whims and fancies however highly placed we are, then we would have to face such activities boomeranging on us.
For example Mr. J.R.Jayewardene bent the Constitution of this Country to suit him and his party. But those who have reaped the benefit of his tomfoolery are not those from his party. Those currently indulging in such indiscretions must take a lesson from what J.R. did and what is taking place today. It would be too late when the boomerang strikes us, to retrieve ourselves.
We Sri Lankans have a tradition of becoming very agitated and emotional about matters that affect our society, political or otherwise, and thereafter forgetting such matters completely. We are emotional but with short memories.  Perhaps this is an island trait of living for the moment.  But where did we inherit the trait of opportunism so pithily described in Sinhalese as Vaasi patheta hoiya? I found our Judges and others in the legal profession who vociferously stood by the wronged Chief Justice of this Country just the other day, suddenly taking an about turn. It is the highest court that has to take the greatest responsibility but how spectacularly they have capitulated.  The members of the original judiciary and the members of the Bar rightly feel frustrated.  Whether this disappointment will continue is to be seen. We must remember that we reap what we sow. President JR’s party inherited the effects of what he did in a negative way.
I believe I am senior enough to venture to make a few comments regarding our profession including the Judiciary. Let us remember that the profession is not different from each of us. We are the profession. And the profession is us. Therefore what each of us make of our professional life is the popular image we foist on the world at large. The popular image of our profession, I could assure you, is not at all complimentary. We are looked upon as parasites drawing the life blood of the society fattening ourselves but giving insufficiently in return.
Speaking of Judges sometimes they are found fault with for forcing settlements on parties when one of them has a very good case.  Either they prefer not to labour themselves with the process of going through evidence and coming to a finding or their sole concern is to show conclusion of cases for the record.  Sometimes Judges are criticized for having their favourite  lawyers  in Court. If so and so is retained the Judge would be favourable to us, is an oft quoted comment. Due to such state of affairs Lawyers bend in half to become favourites of the incumbent Judge. They are prepared to compromise their client’s case just to receive such judicial blessings.
No doubt a fair comment could be made in this regard if the performance of any Lawyer appeals to any Judge and it is borne out in Court. But Judges must be careful that they do not go out of their way to show any partiality. In the provincial courts, when I used to preside, I did not allow Lawyers to see me in Chambers unless they were accompanied by the Lawyer for the other side. Otherwise all applications generally had to be in open Court. I kept a book with the Aaraachi in which every person who comes to see me in Chambers had to write down his name and inform what he wishes to discuss with me. I tried not to allow the anger certain Counsel may create in me in one case to affect me when the same Counsel appears in another case the same day. It would be as if he is appearing for the first time that day before me. These were simple means by which comments about familiarity or antipathy towards lawyers were to a great extent avoided.
Another area I have found to be wanting is the lack of interest shown by Co-Judges in Appellate Courts when it comes to writing Judgments. Since they decide on the Judge who would write a Judgment in advance, the other Judges show no interest to study the case or write either a judgment of their own or even a dissenting judgment. As a result Judgments are often scrappy and incomplete. If Co-Judges show interest the Judge who writes his Judgment would be more circumspective. Despite Justice Mark Fernando being a brilliant student of the Law I used to cross swords with him in his Chambers on many matters pertaining to our Judgments. Mark was such a patient Judge he would discuss any matter fully and completely and sometimes change his opinion if he saw merit in our arguments.
I do not wish to comment too much on our faults. But I must say I accepted this invitation to address you today to commend the Bar Association under the stewardship of Mr.Upul Jayasuriya for taking the correct legal stance with regard to the office of the Chief Justice. This Induction Ceremony has given Chief Justice Dr. Shirani Bandaranaike an opportunity to air her point of view to the Legal audience here and through the Press to the people at large. I hope no self – confessed relative of some ancient Sinhala King would take it upon himself to create hooliganism at this meeting since that seems to be the order of the day.
We must remember that the so-called Impeachment process against Chief Justice Dr.Shirani Bandaranaike was legally faulted. Both the Supreme Court as well as the Court of Appeal gave decisions in this regard. So long as Competent Courts of Law have held that the process adopted was faulty, then those who advocated such Impeachment should have gone to the relevant Court or Courts to have such orders or determinations quashed. They did not do so. By not doing so a dilemma arises. If the existing Orders are not reversed by a Fuller Bench and in fact do get confirmed in the future it would appear that all steps taken so far by the de facto Chief Justicewould be illegal. Then irreparable harm and damages would be sustained by litigants whose cases were heard by a person who cannot be deemed to be the Chief Justice of this Country under the Law.
If the de facto Chief Justice continues to act as if his conduct is valid in Law and hears Applications, constitute Benches and makes Orders and Determinations so positively and confidently expecting a Divisional Bench to reverse the Orders already made, even if they do reverse the Orders already made in the future, then the integrity and impartiality of the Honourable Judges who make such orders would come into question. The delay has already given way to retirements and there is delay in those entitled to succeed, being brought in.
If in the future suppose a fuller Bench of the Supreme Court would not be called upon to review the already existing determinations of Courts, then it would become a mockery of the Judicial system. We would have taken steps acting contrary to the findings of a Court of Law but would continue not giving the slightest importance to the valid Orders and Determinations made by the Highest Judicial Forums of this Country.
Of course an application might be made to validate steps taken already, retrospectively.  Whether those who have knowingly violated the law should be given relief for their high handed act is a matter to be decided.  But eventually that would bring the entire profession and the judiciary into disrepute.
Thus there are inter alia three main possibilities and all three could lead to an impasse. If the Orders already made are upheld and not reversed, if they are reversed or if no application is made to reverse, there could be adverse consequences. A Democracy cannot be expected to flourish under illegalities and/or uncertainties.
Let me tell you something that I heard had happened in the North sometime ago. A District Judge had given an order with regard to a Land Case. The litigant who lost the case in the District Court went to a Kangaroo Court. The Judge there, a young Girl in her early twenties was given a copy of the District Judge’s Judgment.  She felt that the Judgment was correct and mentioned so in Court. But may be because the litigant who lost the Case in the District Court was an ardent supporter of their Militant Outfit she made some variations which gave such litigant some time to stay on, on the land. The person who won the Case at the District Court wanted to take writ out in the District Court. The lawyer told the litigant “You have a de jure judgment in your favour but the other person has a de facto Order in his favour. If you take writ out there is a possibility that you would be hauled up before the Kangaroo Court for contempt of Court. You must decide what you should do.”
We are more or less in this unenviable position. Could it be said therefore that the Parliament has become the Kangaroo Court in this instance arrogating judicial powers to itself ?
It appears that Law and its sanction is based today on force rather than consensus; forced legitimacy rather than consensual legitimacy. It is by conforming to the Law that we could vest consensual legitimacy on the  Law. Lawyers are an integral part in this process. By refusing to give legitimacy and sanction to the Orders and Determinations of the Superior Courts the powers that be are undermining their power and effectiveness. That such derogation is instigated by Parliament speaks ill of our Legislators.
I am glad that the Legal Profession has understood the seriousness of what is taking place and has geared itself to face the challenges. I thank your President-elect and the members of the Bar Council for having given me this opportunity to be with all of you and show my solidarity with what you are doing. Of course character assassinations through the Press, threats and intimidations, if not sheer physical violence, might be thrown at you by interested parties. But remember you are on a worthwhile journey. The journey to bring respect and legitimacy to Law and Order in this Country! The journey to oust force and coercion from the legal administration of Courts! The journey to consolidate our profession.
Mr. Jayasuriya! you have an unenviable task ahead.  The Bar has overwhelmingly thrown its support behind you.  I trust you will be a worthwhile repository of that trust.  Now, more than ever, is the time where party affiliations and personal differences have to be placed aside and the Profession be  given pride of place!  I wish you well in the new year of Office. God bless all of you! Thank You.
*Keynote speech by retd Supreme Court Justice C. V. Wigneswaran - the Annual Convocation of the Bar Association of Sri Lanka in Colombo on March 30, 2013.