The Ruthless BBS Went To Devenagala To Remove Muslims

By Rifai Naleemi -December 12, 2013 

Dr. Rifai Naleemi

Bodu Bala Sena has been targeting innocent Muslim people for more than 3 years now. It has been a customary habit of the BBS to generate some chaos very often about the minority communities. They have been targeting places of worship of minorities in Sri Lanka. Many churches, Hindu temples and mosques have been ransacked and burned to ground in many places in Sri Lanka. Tamils locally and internationally claim that their traditional home lands of North and East have been colonised and more and more Buddhist statues and temples have been erected in their areas. This act has been viewed and perceived as a cultural invasion by the majority of Tamils. This is done with the protection of three forces in Sri Lanka. This is the general perception of most of Tamils in Sri Lanka and abroad. This perception has been internationalised now. The international communities have already realised this crafty attitude of this government.

After defeating LTTE the present day Sri Lankan government is very crafty destroying the cultural heritage of minority communities. Its implicit approval and endorsement of the BBS activities are well known among all communities in SL.  Even opposition political parties know that and yet, they cannot take any necessary measure to curtail BBS activities because a powerful ‘person’ is behind its atrocities. How many mosques have been targeted by BBS in recent times?  How many churches have been targeted by BBS?  How many Hindu temples have been targeted by BBS and its agent in recent time?  Yet, no legal action has been taken as if Sri Lanka has no any legal system in to bring them to the court of law?

BBS has been waiting until the commonwealth meeting is over to begin its venomous activities. Soon after the commonwealth meeting was concluded, the BBS begun to unleash its hatred campaign. Recently the BBS went to Devenagala with some false claims. It is asking people surrounding Devenagala to evacuate their houses. People around this area have been living for many decades and yet, they never been as hindrance for the Buddhist temple on the top of the stone. There is a Buddha statue on the top of this stone and very rarely people go to this stone to engage in religious activities on the top of this stone.  If they want to remove Muslims from this area they should also ask Sinhalese families to move from this area as well. Why is this racial and discriminative attitude?                                                        Read More

SRI LANKA: Avoiding The UNSC For An International Investigation

Parasaran Rangarajan for Salem-News.com-Dec-11-2013

There are several ways of avoiding the UNSC for a trial to commence against accused war criminals.

These images of war crimes committed at Mullivaikal in 2009 will forever be associated with the Majinda administration in Sri Lanka. Courtesy: Srilankaguardian.org

(LONDON) - The International Criminal Court (ICC) remains relatively new, formed in 2002, to address allegations of war crimes, crimes against humanity, genocide, and serious violations of international law.

The Rome Statute remains the founding legislation of the court which expressly states the conditions required for taking up a situation for both investigations and trial. There are several ways in which this may occur and begin with the provisions detailed in Article 12 of the Rome Statute, all which require the concerned party to be a member of the court in some way.

SRI LANKA Avoiding the UNSC for an International Investigation by nelvely

C'wealth chairman violating C'wealth charter

Published on Wednesday, 11 December 2013 15:37

The violation of human rights in Trincomalee on World Human Rights day proves that the Rajapaksa regime doesn't care two hoots for the Commonwealth Charter let alone the Universal Declaration of Human Rights, despite the President being the Commonwealth Chairman, the 'Samagi Balawegaya' says.

In a statement, the 'Samagi Balawegaya' condemns the violent conduct of the state sponsored thugs at a peaceful demonstration by them in Trincomalee yesterday (Dec. 10).

The demonstration urged the government to implement the LLRC recommendations.

Dr. Wickramabahu Karunaratne, Senior Attorney-At-Law Lal Wijenayaka and Dr. Chandraguptha Thenuwara have signed the statement on behalf of the 'Samagi Balawegaya'.

Several persons including one 'Samagi Balawegaya' activist as well as Secretary of the committee probing disappearances and activist of the Nava Sama Samaja Party - Sundaram Mahendran are currently in hospital after being injured during the incident in Trincomalee, the statement says.

The refusal of the police to write down a complaint on this regard further exposes the government's true self with regard to Human Rights, it adds.

This also portrays the fact that the Rajapaksa regime will not the public their rights and that in order to win their rights, the public should take to the streets as one body, the statement further says.

Although around 30 thugs, including some with concealed faces, had assaulted those holding the demonstration while the police looked on, the 'Samagi Balawegaya' statement says.

Brief History Of Sri Lanka And Resolution Of Conflict Looks Nearer

By G. K. Nathan -December 12, 2013 

Dr. G K Nathan

Legendry history of the Island, known as Lanka to Sinhalese and Eelam to Tamils, starts with epic of Ramayana based in two countries India and Lanka or Eelam. There are places in the Island linked to the epic and folklore tales are told 

by peoples about these places in the Island by both ethnic groups. The places linked to Ramayana are venerated and respected by all; even though there are perceived differences between the Sinhalese and Tamils, as they speak different languages and pursue Buddhism and Hinduism, respectively. Genetic studies show commonalty in the evolutions of peoples, taking all aspects of life of both Sinhala and Tamil peoples show that there are many common features between the two Nations. The strategic location of the Island in the East – West Sea route, in the Indian Ocean, attracted foreign visitors to the Island from the beginning of Common Era (CE). It is known to foreign visitors by different names as: Taprobane, Serendip, Zeylan, Ceylon and in 1972 the Island was renamed as Sri Lanka using the Sinhala name, but in Tamil the Island is referred to as “Illankai” a derivative from the word Eelam, Illam.  Even in this modern era,  Sri Lanka remains as a strategic location as seen from the stands taken by China, India, the USA and the UK on the conflict.

Peoples’ antiquity in Sri Lanka has been a point of contention, beside the numerical strength of Sinhala and Tamil peoples; the best way to pursue, the unresolved rights of a Nation, is to use the UN International covenant on civil and political rights (ICCPR). Nevertheless, political leaders of the majority Sinhala community have used the claim of antiquity and their numerical strength to decide the rights of other minorities, in particular that of the Tamil Nation.  Examination of the antiquity of the Sinhala and the Tamil Nations in Sri Lanka will be guidance to others to enforce a justifiable solution to the long standing conflict in Sri Lanka.      Relative geographic location of countries in the region is undoubtedly a good indicator of the probable migration patterns between neighbouring countries to determine the antiquity of claimants in Sri Lanka.  Fact that the West coast of the Island is separated from the Tamil country in South India by Palk Straight, only about 20 km apart at the narrowest point is a good pointer as to who would have been the first visitors? The geographic location of the two countries points to Tamils as the first settlers in the Island. Tamil Brahmi scriptfound in Tissamaharama, Southern coast of the Island further proves the antiquity of Tamil settlement based on language dating back to 120 BCE.  In comparison, Sinhala language only appears in inscription dated between 8^th to 9^th centuries CE, which shows Tamil, was in use, almost a millennium before Sinhala language came into use in Sri Lanka.  Also there is evidence that people lived in the Island, as early as, 125,000 years ago and during this period the subcontinent and the Island were at times were bridged; making land communication a distinct possibility; further prove that migration of people between the Island and the southern subcontinent has occurred far back in history.  Mahavamsa, the chronicle compiled in the 6^thcentury CE by Buddhist monks, used Pali a North Indian language which came into use with introduction of Buddhism in the Island. Mahavamsa, the main source of Sinhala history failed to refer to practice of Buddhism among Tamils in the Island and as well as flourishing of Buddhism in South India, where many very rich Tamil Buddhist literature were created.  Many scholars have rejected fanciful story of landing of Vijaya in Ceylon. According to H W Codrington the story given in the Mahavamsa about the advent of Vijaya has been copied from earlier legends found in Jataka stories. Considering the proximity of the Island to South India, this story has a very small element of truth and only some Aryans from the North of India did come and settle in Ceylon, and mingled freely with the Dravidians of Ceylon and South India. Codrington remarks that the resulting position was – though the Sinhalese language was of North Indian origin – the social system of the Sinhalese is that of the South.  Perhaps use of Pali in Buddhist writings may have influenced development of Sinhala language to be identified as of North Indian origin, but the genetic study of Tamils and Sinhalese, referred to above confirms this interpretation.  Unfortunately, the politicians of Sri Lanka, to gain popularity among Sinhala Buddhist perpetuated the myth; which has turned for the worst led by Sinhala Buddhist chauvinistsBodu Bala Sena (BBS) with the support from members of ruling hierarchy. While the moderate Sinhala elements’ voices are lost in the loud noise, the BBS declares “Sri Lanka is Sinhala Buddhist country” and attacks on Mosques, Hindus temples, Christian churches and religious symbolisms are on the rise, with no action taken against perpetrators.  Britain’s action at the time of Independence in 1948, contrary to past history brought separate “countries” together in the hope that there will be amity between peoples.  Looking back at that decision to unify the country rather than decentralization of power at the time of Independence has been proved wrong, needing urgent remedial action to restore peace in the Island.      Read More 

An ambitious Stepson wants to be the deputy in the Washington Mission

Thursday, 12 December 2013 

It is no secret that the foreign service of Sri Lanka is now experiencing the worst ever crisis in its history . The most senior career diplomats in the country are now engaged in a row for several higher posts getting vacant while the destiny of the service once considered to be for the most erudite, is left at the discretion of couple of corrupted political cronies of the Rajapaksa regime. The tip of the iceberg of the disaster that has been looming for some time, came to light after the media reported the transfer of Ambassador Jaliya Wickramasuriya from the U.S.A to Canada.

Though the removal of ambassador Wickramasuriya, a cousin of President Rajapaksa was in the menu of the career diplomats for many years , they were almost taken by surprise to learn that Thanuja Usliyanage , a stepson of President’s secretary is trying to grab the post of Deputy Chief of Mission in Washington. According to the ministry sources, MP Sajin Vass Gunawardana , the controversial de-facto foreign minister of Sri Lanka has ordered the Secretary of Foreign Affairs to refrain from making any nomination for the post as President’s Secretary Lalith Weeratunga is to discuss the matter with the President.Lalith Weeratunga has no biological children and is still legally married to Dr. Uma Weeratunga .

The posts of Deputy Chief of Missions in Washington and London are the only two deputy posts in the Sri Lankan Foreign Service manned by ambassador rank diplomats. As the Heads of Mission for these two countries are usually held by political appointees, the post of Deputy Chief of Mission is being given to a senior career diplomat of that ambassador rank. Esala Weerakoon , the son of former presidential advisor Bradmon Weerakoon was the Deputy Chief of Mission in Washington until August this year . He was the ambassador to Japan before taking over the post.
According to the authoritative sources, Thanuja Geethanjana Usliyanage was the elder son of Mrs. Sugathadasa , partner of Mr. Lalith Weeratunga. He was educated in Mahanama College Colombo up to G.C.E Ordinary Level and came as a high school student to the United States . Following his college education , Usliyanage wandered through many jobs including as an IT technician until he lost his visa status and became an illegal migrant in the U.S.A . He managed to get Mr. Weertaunga’s assistance through his mother’s influence to secure the post of political consular post at the Sri Lanka Embassy Washington in 2011. In 2012 , Mr. Weeratunga’s political influence earned him the promotion to the post of Political Minister of the Embassy , the highest rank a career diplomat can earn before becoming an ambassador. Usliyanage is known to be the only Sri Lankan illegal migrant in the U.S.A to become diplomat.

Sources further say that the Washington Embassy has to hire an American national as a congressional relations officer due to Usliyanage’s incapacity to perform his job. However , he has managed to build a close relationship with MP Sajin Vass Gunawardana by assisting him with escort services during his visits to the United States.

Political observers believe that the current crisis in Foreign Service is simply an indicator of a deep-rooted decadence the whole governance system. They say that though nepotism has worked for President Rajapaksa specially during the conflict , his habit of promoting corrupted individuals to senior government positions has been proving extremely counterproductive for him and the country .

Opendoors: Sri Lanka’s Religious Climate

By Press Release Opendoors On December 12, 2013

We sat down and interviewed a church leader from Sri Lanka regarding the status of Christianity in his country, and the things he talked about and the answers he gave were stunning:

• RELIGIOUS LIBERTIES: Although religious freedom is protected in Sri Lanka's laws, individuals and groups who perpetrate attacks against religious minorities are seldom ended, let alone prosecuted.

• LOCAL ATTACKS: The presence of Buddhist extremists in eastern and southern Sri Lanka usher in a new wave of attacks against believers this 2013. These include threats to pastors with growing ministries, harassment of congregations attending Sunday worship, destruction of church buildings, and shutdown of Christian ministries.

• BODU BALA SENA:  (BBS) is translated in the Sinhala language as "Buddhist Power Force." This year, BBS has been responsible for several, seemingly coordinated brutalities against religious minorities, such as Christians and Muslims.

• MOBILE MEETINGS: Rather than meet as a congregation, more Sri Lankan pastors now hold worship services in houses, among small groups of believers. They travel from village to village, visiting these house church meetings every Sunday to preach and encourage believers.

• ARE CHURCHES MULTIPLYING?: The number of Christian churches in northern Sri Lanka is growing, not because of increased evangelism, but because of church splits. After the Sinhala-Tamil civil war, foreign funds poured into the north, enticing Christians to break away and start their own congregations, causing division in the body of Christ.

• A CHANCE FOR PEACE: During the 30-year civil war in north Sri Lanka, many evangelical Christians have chosen to stay in the war-torn districts, and continued their ministries. Because of this, they enjoy a degree of goodwill among the Sri Lankan Tamils. It can be an open door for God's people to be channels of his peace and reconciliation.

• YOUTH REVIVAL: There is deep spiritual hunger among the Buddhist youths. More of them are coming to Jesus Christ every day, and the church in Sri Lanka needs to be prepared in discipling a new generation of believers.

150-Year-Old Hindu Kovil Is Attacked: We Are Shocked, No Action Was Taken

By Kandiah Neelakandan and M. Karhiragamanthan -December 12, 2013

Kandiah Neelakandan

All Ceylon Hindu Congress (Federation of Hindu Religious Associations and Hindu Temples in Sri Lanka) was shocked and grieved to hear that 150 year old statue of Shri Muthumariamanan which was in Shri Murugan Kovil in Udunuwara in Hali Ela Badulla District had been damaged by undesirable criminal elements.

When such destructions and thefts were reported we brought those to the notice of the concerned persons and also to the appropriate authorities including His Excellency the President, the Secretary to the Defence Ministryand the IGP but those responsible for those criminal acts have not been arrested and brought before the Law. Such failure to take action appears to be encouraging those undesirable criminal elements to continue these criminal acts of destruction and thefts. Who is responsible for this unfortunate continuous dilemma to the Hindu People of this country and for the Divine statues being continuously destroyed and the valuable items being continuously stolen in the Hindu Temples?

Although the Hindus have expressed their shock and disappointment at the continuing illegal acts and expressed their dismay at these unfortunate happenings only to the places of worship of minorities the Government and the Officers responsible for law and order have failed to take steps to prevent those.

Therefore all the religious leaders and the political leaders should insist on the Government guaranteeing of cessation of these acts of injustice.

Although the State is to give Buddhism the foremost place it is also entrusted with another important duty by Article 9 of the Constitution to assure to all religions the rights of freedom and enjoyment with equality of those religions also, as enshrined in the Articles 10 and 14 (1) (e) of the Constitution. Failure to do so amounts to be an offence of insulting the Republican Constitution.

It cannot be the policy of the Government to allow the destruction of the Hindus and their places of worship and thus violates the Republican Constitution.

KANDIAH NEELAKANDAN – PRESIDENT - M. KATHIRAGAMANTHAN - GENERAL SECRETARY

All Ceylon Hindu Congress (Federation of Hindu Religious Associations and Hindu Temples in Sri Lanka)

SLFP Karaka Sabha meeting at 2 places at the same time?

Thursday, 12 December 2013 

Members of the SLFP’s Samastha Lanka Karaka Sabhawa are in a dilemma after receiving two separate invitations to a meeting at 6.00 pm on December 18, which will take place simultaneously at Temple Trees and at the SLFP headquarters. 

One thousand and four hundred members of the Karaka Sabhawa have been invited to the occasion. SLFP general secretary Maithripala Sirisena, in one invitation signed by him, invites members to the meeting at Temple Trees, to be chaired by president Mahinda Rajapaksa. It was to take place at the modern, super luxury hall especially built to host dinner for invitees to CHOGM. Decorated with the best velvet carpets, furniture and light fittings especially ordered for the occasion, a hall with such super luxuries are not available even at five star hotels. However, the president has said, “Chubs in our party will heave a mean sigh if they see this hall and their evil eyes will bring doom for it.” He had ordered that the meeting should not take place there, and instead to hold it at the party headquarters or somewhere else, with new invitations printed and sent.

On his instructions, organizers had tried to locate a suitable place for the meeting at the BMICH and elsewhere, but could not find one as all had been booked. In the end, it was decided to hold the meeting at the SLFP headquarters, and the new invitations printed and sent. However, minister Dullas Alahapperuma and senior additional secretary Harsha of the Presidential Secretariat had inspected the place and reported to the president that the place was not suitable for the meeting. Thereafter, it was decided to hold the SLFP Samastha Lanka Karaka Sabha meeting at Temple Trees as previously planned, but that the carpeting, furniture, light fittings and all should be removed from the hall. The president hopes the decorations will escape the evil eyes of the SLFP Samastha Lanka Karaka Sabha.

Organizers had told him that another place can be found if the date of the meeting is changed, but the president has told them that it should be held on December 18 and on no other day, because he had been thus advised by his astrologers. Giving us the details, a senior minister said he had not seen a leader of a nation who has such heathen beliefs to the extreme. The country is being run by horoscope readers and exorcists, he said, adding that the invitation has a picture of the president looking the other way. This is a clear indication that the president does not care for the party nor he will fulfill responsibilities to the party.

Sri Lanka: Military governor to restrict NPC powers and attacks TNA

Sri Lanka: Military governor to restrict NPC powers and attacks TNA

G. A. Chandrasiri

Thursday, December 12, 2013

TNA ULTRA VIRES THE CONSTITUTION - NP Governor 

Civilian or Military, a Governor has to play by the rules

The Tamil National Alliance (TNA) has to abide by the country's Constitution and the National Policy as members of the Northern Provincial Council, Northern province Governor G. A. Chandrasiri said yesterday.

"Acting against the Constitution, the Tamil National Alliance has prepared budget proposals to initiate departments in the Northern Province at their inaugural budget," Governor Chandrasiri charged. The Governor said he has approved the Northern Provincial Council's appropriation budget. "I made a note that they can only establish Authorities in the Province according to the Constitution. "I had to tell them that they are expected to uphold the Constitution and the National Policy as the councilors". "They have attempted to set up a department of housing and a department of transport," Governor Chandrasiri revealed.

He said they had to follow Constitutional procedures to set up departments in the Northern Province. "There are some administrative units and structures which require the approval of the President,the governor and the Chief Minister of the Province," he explained. Northern Province Chief Minister C. V. Wigneswaran had presented the inaugural budget of the Northern Provincial Council on Tuesday.

 "I told them that they can only set up Authorities for the subject of Transport and Housing," the Governor said.
"Their main focus of the budget debate was to get a civilian governor for the Northern Province, saying that this Governor should be a person with no military background". "Civil or military, the Governor of the Province functions according to the Constitution,"he pointed out.

 "It appears they they will be pleased to have a governor who does not have any knowledge about the Provincial Council system who would say "Yes" to anything they say," said Chandrasiri - See more at: 

Executive, legislature not above judiciary - Bishop

By Madura Ranwala-December 11, 2013, 10:35 pm 

Bishop of Kandy Dr. Vianney Fernando yesterday said that the judiciary of the country should be independent.

Addressing the media in Colombo, in the presence of Malcom Cardinal Ranjith , he said the judiciary was the body which interpreted the law and therefore, the legislature and the executive could not be regarded as entities above it.

The judiciary should be totally free from interference from other branches of government, he said.

Though the legislature drew up or approved laws, the guarantor of the true justice is an independent judiciary, he explained.

Setting up of independent commissions such as Police, Election,

Bribery and Corruption, Human Rights, and the Constitutional Council immediately would strengthen the rule of law and justice in the country, he said.

"Our country had suffered due to extremism and therefore establishing those institutions would ensure true democracy," he added.

Red Flag About War Crimes Inquiry From Archbishop Of Colombo

December 12, 2013 

The Archbishop of Colombo Cardinal Malcolm Ranjith yesterday warned the Government that foreign intervention would be inevitable unless serious allegations of rights abuses and the work of reconciliation is addressed within the country.

Archbishop Dr. Malcom Cardinal Ranjith

Issuing a pastoral letter yesterday, the Cardinal urged President Mahinda Rajapaksa and the Tamil National Alliance to work towards finding a long term political solution to the ethnic conflict.

“Foreigners should not tell us what to do. We are not a pack of fools. But if we do not resolve these issues, then we open ourselves to foreign intervention,” the Cardinal said.

In his pastoral letter, the Cardinal warned that an international inquiry into war crimes could pose a serious threat to the country’s sovereignty.

In its 24-page letter, the church also asked the government to ensure accountability for politically-motivated killings going back four decades.

Sri Lanka’s War Crimes

91 Duty Free Car Journos And 496 Laptop Journos – Keheliya

December 12, 2013 

Media Minister Keheliya Rambukwella sought to boost his Government’s media credentials in Parliament yesterday, claiming that there had been no attacks or abductions of media personnel since 2010 and revealing that the regime had awarded duty free vehicles and laptops to hundreds of media personnel in the country.

Minister Rambukwella said 91 journalists had been provided duty free vehicles while 496 journalists had received laptops from the Government.

He added that 30 Parliament reporters would also be entitled to receive the benefits.

Several state media and independent journalists received laptops from President Mahinda Rajapaksa about one year ago at a special ceremony. The Government has also offered loans of Rs. 1.2 million interest free to scribes completing 25 years in the field.

Related posts;

Who is intimidating CJ! ask legal experts

Thursday, 12 December 2013 

Legal circles are wondering about the claim by chief justice Mohan Peiris at the recent anti-corruption day seminar at the BMICH that he is being intimidated by various persons, which is not good for the dignity of his position, and that he is being hampered from fulfilling his responsibilities in an independent and impartial manner.

Although he has not come out with any names, it is clear a CJ cannot be pressurized by an average MP or a minister, and it should be someone in the government hierarchy, according to legal experts. Under the powers vested in him, the CJ can take an average MP or a minister to court for pressurizing him and sentenced, and he has the immunity and privilege to expose such persons for public well-being.

Without exercising those powers, the CJ is running around bushes because the person who is pressurizing him is someone who is in a topmost position in the government. Although the CJ is not coming out with a clean breast, the entire country well knows who is intimidating him, say legal experts. This remark by the CJ makes it clear that once again, a serious crisis is brewing between the judiciary and the executive.

Protecting judges: Learning from a ‘hag’

Editorial-December 11, 2013,

An attempt by UNP MP Wijeyadasa Rajapakshe to submit a private member’s motion to Parliament calling for the adoption of the Latimar House principles governing the removal of judges, among other things, was thwarted yesterday. Now that President Mahinda Rajapaksa is the Commonwealth Chairman he cannot refuse to comply with the Latimar guidelines, MP Rajapakshe has told this newspaper. Both of them have the same surname, albeit differently spelt in English, and are from Giruwapattuwa, but Wijayadasa does not seem to know Mahinda! The Commonwealth will be lucky if, under President Rajapaksa’s stewardship, most of its member states don’t adopt Sri Lankan method of getting rid of judges!

The worst that can happen to a country’s supreme law is for the public to lose faith in it. This, we are afraid, has already happened here. The Democratic Socialist Republic—whatever that means—of Sri Lanka is badly in need of a new constitution. But, since the incumbent dispensation seems bent on retaining the existing one at any cost for obvious reasons, at least its seriously flawed provisions should be amended.

One cannot but agree with MP Rajapakshe that the process of removing judges needs urgent revision though the adoption by the government of the Latimar Principles has the same chance as an honest person succeeding in Sri Lankan politics. At present, as is common knowledge, judges including the Chief Justice could function with dignity free from harassment only if they don’t fall foul of the political authority.

Sri Lanka stands condemned internationally for political interference with the judiciary and the resultant erosion of judicial independence. This has to be ended not only to maintain the separation of powers but also to repair the country’s image.

The blame for this sorry state of affairs, however, should be apportioned to the judiciary as well. Some judges unflinchingly sell their souls to political devils at discount prices and willingly become pliable tools in the hands of powers that be. Having done so, a few of them suddenly take on their political masters when they fall from grace and even try to run parallel governments by usurping executive and legislative powers on the pretext of judicial activism. And they pit the judiciary against governments in the process.

Those in the political wilderness defend judicial independence not out of any love for judges. They take up the cudgels for judicial officers in trouble only to gain some political mileage. Once voted into office and ensconced in power, they ride roughshod over the judiciary and even try to impeach Chief Justices who refuse to toe their line. This has been the name of the game in Sri Lankan politics. That is why there must be strong constitutional safeguards in place to protect the judiciary against meddlesome politicians of all hues.

The current process of impeaching chief justices, we repeat, is seriously flawed and the constitutional provisions concerned need to be amended. Judicial independence cannot be safeguarded so long as the CJ is at the mercy of the head of state and/or the ruling party lawmakers most of whom are semi literate scumbags. Sadly, legislative kangaroo trials have come to pass for impeaching judges, and governments with steamroller majorities could get rid of chief justices according to their whims and fancies. Likewise, the constitutional flaws enable even the judges who commit impeachable offences to strike back and emerge heroes claiming to be victims of political witch hunts in case of being probed.

Interestingly, it was only the other day that an Opposition bigwig declared in Parliament that the Commonwealth was ‘a toothless hag’ not to be taken seriously. He was obviously trying to take the gloss off the recently-concluded CHOGM which the government has been flaunting as a rare achievement. But, today, one of his colleagues is asking the legislature to adopt that wizened hag’s principles! MP Rajapakshe’s attempt to project the judiciary should be commended and he deserves the backing from all those who cherish democracy, but the Opposition needs to be urged to desist from ridiculing the Commonwealth and calling for adopting its principles in the same breath.

Matara addl. magistrate ‘naked with thieves’

Details

 

Created On Thursday, 12 December 2013 02:00

Category: General

A sorry reversal of judgement by Matara additional magistrate Manjula Karunaratne took place today (11) in which he said he had taken a decision at the previous hearing by mistake. 

He had reversed his ‘mistake’ when he took up the case against Sirasa Media Network chief Killy Maharaja, against whom notice had been issued to appear in court.

UNP communication unit chief and MP Mangala Samaraweera had filed the case under clause 81 of the criminal procedure code. At its first hearing, the additional magistrate seemed satisfied with the submissions made by the lawyers for the petitioner and issued notice on the Sirasa Media Network chief to appear in court today.

Last week, the respondent’s lawyers filed a motion and got the matter taken up, at which the additional magistrate recalled the notice issued by him. When the case was heard today, the additional magistrate listened to submissions by the two parties, left for his chamber, returned about an hour later, and dismissed the case.

During that one hour period, the additional magistrate Karunaratne had telephoned chief justice Mohan Peiris, who had rebuked him and ordered him to dismiss the case immediately. Last week, Rienzie Arsecularatne, the respondent’s lawyer, met the additional magistrate at his chamber and tried to pressurize him, but was ordered to leave. Colombo lawyers nickname President’s Counsel Arsecularatne as ‘Deal Captain’ as what he mostly does is entering into deals with police and judges, instead of making a case on behalf of his clients.

Failing once, he had gone to the defence secretary and got him to use the chief justice to pressurize the Matara additional magistrate to dismiss the case. Such an incident taking place is no surprise in a country in which the chief justice addresses the defence secretary as ‘Sir’, a veteran legal professional told us.