The ways of Mother Nature

Time is the greatest asset against all weather. Call it is timely warning, timely precaution or timely exit.

by Victor Cherubim   -Sep 11, 2017

( September 11, 2017, London, Sri Lanka Guardian) Hurricane Imra in the Caribbean with winds up to 185 miles per hour and torrential rain has caused havoc with damage estimated at $250 billion in South Florida peninsula alone, in a matter of hours.

Two weeks ago Tropical storm “Harvey” which devastated southern Texas, is estimated at $180 billion.

One thing is certain, Mother Nature is democratic. The destruction will affect both rich and poor. But the vulnerability to storms and floods is horrendous for the poor. The rich boarded their homes and drove out in their limousines days in advance of Irma, to hotels and places of shelter. The poor, many who could not get across to the provided shelter by the Florida State Government in time, had to brace themselves to the wiles of the weather.

What are hurricanes? 

The word “hurricane” is a spiraling tropical storm, capable of monster destruction. The word derives from the Mayan deity of wind and fate, Huracan.  Legend states that centuries ago there was the “Great Flood” after humans had angered the Gods. It is also the indigenous word for evil spirits.

Hurricanes in the Caribbean most have a season every year from mid-August to late October. In Sri Lanka we call these storms as cyclones in the Indian Ocean and as typhoons in the Western Pacific Ocean.

They draw heat from the warm, moist ocean air and release it through condensation of water vapour in thunderstorms. They are said to pick wind speeds of up to 160 miles an hour and unleash more than 2.4 trillion gallons of rain a day.  The tremendous power of a hurricane can turn a home inside out and leave it in ruins.

In 2004 Hurricane “Ivan” caused damage estimated at $6 billion across 10 countries in the Caribbean. The island of Grenada was among the worst hit claiming 39 lives with a population of 100,000 with $800 million damage.

The best defense against hurricanes 

Someone must pay for the damage. Yet it is to these hurricane hit islands that many of the so called “weary” travelers, workers and millionaires alike of Europe and North America come in planeloads to soak up the sun and the sugar sandy beaches for their holidays.

Given the constraints on travelers’ times, cheque books and children’s holiday time, few options are as ideal as a quick jaunt to the Caribbean or to the tropics. More so the variety among the islands, means there is a destination for every holiday traveler.

The unpredictability of the hurricane season also means there are great holiday price deals on travel to these destinations during the hurricane season.

The best defense against hurricanes or even cyclones is an accurate forecast of the weather that gives both the locals and the tourist’s time to get out of its way. But as everyone knows, long range forecasting does not exist everywhere.

Thus the best we can expect is to minimize the potential for damage, by insurance and for the large majority of locals by added protection to their homes, to cut the cost of their home insurance and save on repairs later.

Insurance against hurricanes 

If there is storm damage you can and must cover by insurance. But if a flood swamps your home, your insurance will only cover the damage depending on the value of your home, the amount of water damage and whether you have a flood or hurricane policy.

The best insurance against hurricane impact is installing protection of your home and contents. Whilst there is little a home owner, a resident, a tourist can do to prepare for a hurricane, a 20 ft. storm surge on a coast, or inland, sand filled bags remain the least expensive.

It is always best to be on standby for weather calamities, flood barriers, sand bag banks, boarding shutters, corrugated sheets, shuttered windows and doors bolted over windows and doors, to protect the home from flying debris. When tracks are installed permanently around the house, the shutters can be attached quickly and early.

Time is the greatest asset against all weather. Call it is timely warning, timely precaution or timely exit.

The disadvantage of hurricane insurance has been that there is always a high Excess Liability which in the U.S. is called “deductible”. For instance for flood damage on a $300,000 home, the first $6,000 is generally deductible. In today’s world many people

may hardly have immediate access to this sum. Further, if you wait for government assistance, whether in U.S, or in Sri Lanka, the bureaucracy in administration, is estimated, can often take months, if not years to replace these most essentials.

Hurricane and Climate Change   

International Monetary Fund has estimated on current trends of climate change, there can be as much as 77%as storm cost to the Caribbean by year 2100.

Discounting the debate over whether global warming causes more storms, Scientists now agree that future warming would make storms stronger and wetter.

Has anyone calculated the storm cost of another tsunami in Sri Lanka by the end of this century?

Tilting windmills at blathering politicians is no answer to rule of law failures

Sunday, September 10, 2017

A former Army Commander or two jousting before the television cameras for sport, alleging war crimes against each other, is a seducing sight for public consumption. But this is not what the crisis of justice in Sri Lanka is all about.

No political or military leader can plead absolution

Indeed, these deeply cynical games distract attention from institutional failures that go to the heart of political and military responsibility. That fact must be properly understood for any reform process to even begin, whether in relation to war crimes or the failure of the Rule of Law in respect of ‘ordinary crimes’, as some may like to differentiate. And the less grandstanding there is in regard to these issues, the better.

One simple truth stands out. No Government is free of responsibility. No political or military leader can wash his or her hands of blood. It is a collective responsibility that comes into play here. So getting dazzled by allegations and counter-allegations are counter-productive. Accountability must be extracted, bit by bit, like drawing fire from an impossibly hard stone. If that lesson had been taken to heart from 2015 itself, probably we would be left with less ruination of the so-called people’s revolution to stare at now.

Certainly with all its talk since the unity Government came into power, it has taken little or no steps to redress a pervasive failure of justice. Refraining from overtly interfering with the judiciary does not suffice as an answer to critics though this does stand to its credit. Its party man to whom the Justice portfolio was handed to (until his ignominious departure recently) excelled in playing to the political gallery rather than mustering resources and public opinion for a concerted effort to address the problem.

An unfortunate state of affairs

It seemed incontrovertible that this inaction or in some cases, active collusion to subvert the course of the law was condoned by the United National Party. Evidence of its bad faith in the incident of the Central Bank bond scam and the subsequent attempt to cover-up was scandalous. On its part, the Bar Association of Sri Lanka also contributed precious little to actual policy reform on pervasive failures of justice, apart from holding donor funded talk-shops. Now its main focus appears to be leveling threats of contempt of court when criticisms are leveled against judges and lawyers.

This is truly an unfortunate state of affairs. And the tragedy is that even in cases where convictions are handed down after long and agonizing struggles, the cause of justice is not served. Earlier last month, the United Nations Human Rights Committee handed down a Communication of Views under the Optional Protocol procedure to the International Civil and Political Rights Covenant which illustrated this fact very well. The Protocol allows Sri Lankan citizens to come before the Committee if there has been any violation of Covenant rights. From one perspective, this was a typically run-of-the-mill case. On the other hand, it presents in a nutshell exactly where the systemic breakdowns occur in this country with extraordinary clarity.

In this instance, a seventeen year old Indian Tamil girl had been abducted and raped by two men belonging to the Sinhalese community in 2001. It took her close to fourteen years to obtain a judgment from the Kandy High Court convicting the perpetrators and sentencing them to twenty-three years of imprisonment. Before the Committee, her complaint was that even despite the conviction, the violations that she had to suffer remained unaddressed and that the State’s legal remedies at the domestic level were highly ineffective.

A classic litany of all that is wrong

Her complaint reads like the classical litany of all that is wrong with Sri Lanka’s justice system. Though she filed a complaint for rape at the Talawakelle police station on 14 August 2001, she was forced to make her statement through an unofficial interpreter translating into Sinhala, since no facilities to record her statement in Tamil were provided. She was then taken to the Kotagala hospital and subsequently to the Nuwara Eliya hospital, from where she was discharged later. The medical records clearly indicated that this was a case of rape.

The victim identified both perpetrators, who were held on police remand. Non-summary proceedings were initiated but both suspects were released on bail. During the hearing, the victim’s character was denigrated. No mention was made of the fact that she was a minor at the time of the offence. After more than three years, the Magistrate’s Court concluded that there was sufficient evidence to charge the alleged perpetrators and referred the case to the Attorney General following which indictment was filed in 2006 against the accused.

After this, the record reflects interminable postponements before court due to various reasons. At several points, this was because the prosecution had failed to produce the evidence or the prosecuting state counsel was absent. Then again, postponements were due to the absence of a permanent judge or because all the evidence had not yet been received by Court. The case was thereafter transferred to the High Court of Nuwara Eliya and then again postponed several times. At other points, the accused (who were continually out on bail) failed to be present or the case was out off on the request of the lawyers for the accused.

Time to address systemic problems of justice

In the meantime, the victim stated that she never failed to attend hearings, and she has not been responsible for any of the delays. She detailed her physical harm and psychological trauma. In addition, she and the members of her family had been continually harassed by the two perpetrators out on bail, who had tried to intimidate her into withdrawing her complaint.

In consideration of the complaint, the Committee found that the victim’s equality rights before the law and equal protection of the law had been violated. The Committee concluded also that the State party’s failure to conduct a prompt and an effective investigation also violated Sri Lanka’s obligations under the Covenant.

This is just one of virtually hundred such cases which have either been denied justice or where the victims have waited so long that a conviction by itself, fails to bring any relief or redress systemic problems. It is time that the Bar Association directs its collective mind to policy reforms that correct such pervasive failures of justice rather than titling windmills at blathering politicians who talk of corrupt judges and lawyers.

Sathurukondan massacre: 186 Tamils slaughtered by Sri Lankan Army remembered in Batticaloa

10 Sep  2017

On September 9th 1990, Tamil men, women and children from Sathurukondan and surrounding villages were taken to an army camp and slaughtered by Sri Lankan soldiers, with the help of Muslim Home Guards. Victims of the Sathurukondan massacre were remembered in Batticaloa on Saturday in an event organised by the World Tamil Students Union and local organisations.

Of the 186 killed in the massacre were five children less than a year old, 42 children under 10, 9 pregnant women and 28 adults over 68 years of age. 38 were from Sathurukondan, 37 from Panichchaiyady, 62 from Pillaiyaradi and 47 from Kokuvil.

The massacre came just days after the Vantharumoolai round-up, from which 158 Tamils seeking refuge at the Eastern University campus were arrested by Sri Lankan soldiers and never seen again.

The mass killings, which were carried out during the presidency of the UNP's Ranasinghe Premadasa, were investigated in a probe established by then-president Chandrika Kumaratunga in 1997. The probe identified three captains in the Sri Lankan army as being responsible for the killings. The retired judge who led the inquiry, K Palakidnar said that there was strong evidence for the massacre and urged Ms Kumaratunga to hold the perpetrators to account, however no action was taken by the government.

Related Articles: 

05 September 2017 : 158 Tamils disappeared from Eastern Uni in 1990 round-up remembered in Batticaloa

08 September 2015 : 25 years since Sathurukondan massacre

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Sri Lanka: V2025 success is in its implementation

The fault lies both with political parties who pick candidates who can win elections by hook or by crook – and the voters who vote for them and later repent at what folly they have committed.

by Sinha Ratnatunga-Sep 10, 2017

( September 10, 2017, Colombo, Sri Lanka Guardian) The President and Prime Minister coming in one car for the launch of V2025 (Vision 2025), the blueprint for the future of a “rich Sri Lanka” was clearly to deliver a message. ‘We are in this together – till 2025.’

This was against all the evidence to the contrary that the two coalition partners of the National Unity Government, viz., the SLFP and the UNP were drifting further and further apart and only on a ‘holding operation’ till the end of this year. The more than symbolic ‘coming together’ as it were at the BMICH on Monday, was also in the immediate afterglow of the SLFP’s 66th year convention the previous day where President Maithripala Sirisena told his followers that there is now a Government that talks in one voice. In Hakmana the same day, former President Mahinda Rajapaksa told that faction of the SLFP opposed to Mr. Sirisena’s leadership that the party had sold its soul to the UNP under the incumbent President.

How much President Sirisena’s heart is in V2025 remains in question. He hardly spoke on economic issues in a Q and A session that day. His backers in the SLFP openly voice opposition to the UNP’s economic policies of privatisation. Had V2025 received the endorsement of the SLFP convention the previous day, it would have added more weight to this eight-year plan, but that might have been political hara-kiri for the President vis-a-vis his own party.

He has had to, from time to time, pull the reins on the UNP’s economic initiatives, and he has not always been wrong. The lack of transparency behind some of the UNP moves, especially through the CCEM (Cabinet Committee on Economic Management) headed by the Premier has resulted in the President neutralising it with a National Economic Council, which he now chairs himself.

The bane of post-Independence politics in Sri Lanka has been what A/Level economics students were taught as the ‘thattu maru’ system. This has its origins in the Tamil lexicon for shared agricultural cultivation practices among different owners, especially brothers who tilled the land the way they wanted when they had ownership of the property for a given period with no long-term consistency. It was the same with political parties when in power doing what they wanted while undoing what the previous occupants had done.

Thus, at least this Government is trying to show there will be long-term consistency in economic policy. The whole world has moved away from the State monopolising the commanding heights of the economy; the best example being China. The second biggest capital-driven economy in the world today now advocates global free trade with Communism only a façade. Once Marxist-Leninist Russia is not far behind.

While a common economic plan is essential for economic development, equally so is an economy which is not riddled with corruption at the top. The State-private sector status quo was maintained during the Rajapaksa era but they put this country into a debt trap like never before. From next year (2018) when repayment of the loans taken by them start kicking in, to the tune of US$ 4 billion by 2019 – reaching nearly 80 % of GDP, Sri Lanka will become an “outlier among its rating peers” in the words of V2025.

In the midst of this impending debt crisis, the country has fallen into continuing reports of further loans and inflated Government infrastructure projects be they the now nearly aborted Jaffna housing project or the Central Expressway.

V2025 frequently refers to a “social market economy” and emphasises the role of the private sector and of the PPP (Public-Private-Partnership formula) to deliver a million new jobs and a per capita income of US$ 5,000 by 2025. Notwithstanding President Sirisena’s presence at the launch of V2025, the SLFP has yet to give its imprimatur to it, as a party. The proof of the V2025 pudding will be in its implementation – long-term.

Thus, the nagging question among diplomats who attended the launch of V2025 was the stability and the longevity of this Government beyond December 31 this year – not 2025.

Breaking the glass ceiling in local government councils

For a country that received the right for women to vote even before Independence, and also produced the world’s first woman Prime Minister, it is an irony that her Parliament had to legislate to bring a minimum quota of women to fill the seats of local government councils in the future.

The Chairman of the Elections Commission also lamented the fact. He said the country’s female population was 52 percent, but their representation in local bodies was less than 2 percent. When asked by an interviewer if this would only see more sisters and wives of male politicians fill those seats, he reacted sharply by saying if it is in order for sons and siblings of male politicians to do so, what was the issue with the ladies doing the same.

But of course, he did not justify this in the overall sense and said that there must be a wider spread across the socio-economic and professional spectrum for representation in local councils – and even in Parliament for both male and females. The fact that there has been a general decline in the quality of people’s representatives is widely spoken of leading to disillusionment among young adults in particular.

The fault lies both with political parties who pick candidates who can win elections by hook or by crook – and the voters who vote for them and later repent at what folly they have committed.

Western countries that actively push for this ‘gender-equality’ agenda in countries such as Sri Lanka where they believe women are oppressed and not given their due place in public affairs, don’t have such quota systems. Not that women’s representation in their legislatures is on par with their population ratio. The US refused to elect a woman President. In Canada and France it is fashionable to pack a Cabinet of Ministers with women and the male PM gets the kudos for it. India last week promoted a woman Minister to the high-profile job of the country’s Defence Minister and PM Narendra Modi has become the darling of women activists.

With quota systems – be they in university entrance or employment (they did away with a much talked of quota for youth for local councils), merit takes a back seat. However in the case of Parliament, there is very little to argue with the existing system of so-called “merit” for entry. Therefore, in such a context, a 25 percent women’s representation in local bodies cannot be anything worse than what prevails.

One only hopes, political parties will not have to drag women from their homes to contest simply to fill this new quota with the promise of duty-free car permits and other perks and privileges associated with elected representatives who serve themselves rather than the people they are supposed to serve.

The writer is the editor of the Sunday Times, Colombo where this piece originally appeared as the editorial.

What The Hell Is Going On?

By Emil van der Poorten –SEPTEMBER 10, 2017

Emil van der Poorten

Even in a country where corruption has become a part of its culture and where there has been, for a considerable time (at least since the reign of “Yankee Dick” Jayewardene) a total lack of anything resembling ethics, morality or principle in political practice, what has begun to unfold during the tenure of the current Yahapalanaya government is bizarre to say the least.

There is no comprehending what this lot, particularly its United National Party (UNP) component, is doing, even if one justifies the most blatant political opportunism. Often, it seems like an exercise in ascertaining how tolerant and/or stupid the Sri Lankan electorate is.

Take the matter of the Wijeyadasa Rajapakshe fiasco.

From the get go this man has proved as politically useful to the ruling coalition as the proverbial “teats on a boar.”  He was complicit in the absolutely abusive impeachment of a Chief Justice whose “best before” date had passed insofar as the MR1 (Mahinda Rajapaksa) regime was concerned.  Previous to this, subsequent to his residence being “shot up,” he was paid a visit by the earlier-mentioned MR1 at his most solicitous.  The result of their conversation appeared to be Wijeyadasa Rajapakshe’s resignation as head of the Bar Association of Sri Lanka which had been making mealy-mouthed pronouncements on the need for the rule of law to prevail up to that point.

With the ascent of the Yahapalanaya lot to power, this man was made Minister of Buddhist Affairs and, don’t hold your breath, Justice! He proceeded to use the Buddhist Affairs part of his portfolio to fan the flames of a “Mahavamsa-driven, 2500 years of Sinhala-Buddhist Civilization” discourse in an attempt to dominate every element of life in our nation.

Wearing his other hat, as Minister of Justice he made the statement that as long as he held that portfolio, not so much as a hair on the heads of his namesakes in the previous regime would be harmed. This simply amounted to a proclamation of immunity for those who had presided over the most corrupt and violent government in our post-Independence history. The response of a government which had as its policy cornerstone bringing to book those who had raped and pillaged this country in the ten years before? None, nothing, nada.

Wijeyadasa Rajapakshe proceeded to provide tangible proof of his determination to follow through on his promise to his namesakes. He intervened in the Avant Garde investigation, letting off the hook those who sought to establish an extremely well- and sophisticatedly-armed floating paramilitary force off the shores of Sri Lanka under the guise of preventing maritime terrorism in West Asian waters. If you’d guessed the mastermind behind that particular adventure was someone with the last name as our erstwhile Minister of Justice, you’d have been right.

The other man providing the icing on the Avant Garde Flotilla scandal was none other than Tilak Marapana who, at least, displayed some decorum in resigning from Cabinet at the time. However, that retreat from the political limelight and power has proved to be short-lived because he is now back in Cabinet. Even in the annals of unprincipled political conduct in this country it would be difficult to find an act as bizarre and insulting to the collective intelligence of the electorate as Marapana’s restoration to a position of power and prestige.

Given the preceding, it might, at this point, be appropriate to ask whether this government has adopted the ancient Japanese cultural practice of “Hara kiri” in its governance practices because that seems like the only explanation for what it has done and seems to want to do in the future.

This much-publicized recent behaviour threatens to conceal matters of less headline-grabbing import that preceded it. Those actions should not be consigned to the back-burner of discussion, examination and action.

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President’s brother remanded over hit-and-run mishap

Motor cyclist and pillion rider killed at Polonnaruwa

by Karunaratne Gamage-September 9, 2017, 8:06 pm 

A brother of President Maithripala Sirisena was remanded till September 11 in connection with a hit-and-run mishap, which killed a motor cyclist and the pillion rider at Polonnaruwa yesterday.

Police said that Gamaralalage Nanasiri Pagnaratne Sirisena surrendered to the police a few hours later and allegedly admitted that he was behind the wheel of the Land Cruiser jeep at the time of the accident.

He was later produced before Polonnaruwa Acting Magistrate Ruwan Kumara Mapa and remanded.

Police said the accident occurred at Ethumalpitiya on the Polonnaruwa-Hingurakgoda road around 1.10 am yesterday.

The victims were identified as two brothers L. M. J. M. Buddadasa (59) and L. M. J. M. Jayaratne (44), the father of three children. They were residents of Yatiyapatana, Kaudulla in Hingurakgoda.

Police said the elder brother was a kidney patient who had undergone dialysis at the Polonnaruwa hospital.

With the treatment completed at 12.50 am, the other brother was taking him home on his motorcycle when the mishap happened.

The two victims who were in a critical condition succumbed to their injuries in hospital. Police investigations are continuing.

Maithri orders – don’t try to save thieves!

*Is president Maithri double faced or double based ? Confirmation on 31 st August -SLFP proposals muddle up new constitution !

*I Saved Daham And His Veyangoda Underworld, President Won’t Touch Me: IGP Pujith Jayasundara

*Expose` : Good governance commander in chief completes two years but MR ‘s control still within army !

Sep 10, 2017

The president has expressed his displeasure to a group of SLFP ministers who had gone to discuss former secretary to the president Lalith Weeratunga and ex-TRC DG Anusha Pelpita, who were sentenced to prison for having miused state money.

They asked him for a meeting to discuss the court ruling, but the president has told them that the process to investigate the corrupt and corrupt deals would continue properly and that no interference would be tolerated. He said that those cases be not discussed with him.

Kashyapa Kotelawala

Conspiracy to destroy bond files

Sep 10, 2017

State intelligence has informed president Maithripala Sirisena of a plan to set fire to the office of the presidential commission investigating the bond issue. The premises at the BMICH also houses evidence, documents and communication equipment.

The V 2025 plan launched at 3.00 pm on September 04 prevented a conspiracy to set fire to the office at midnight on that day. The president has ordered strenghening security of the commission.

On the following day, a STF unit was stationed at the commission office. Also, a metal safe has been made available to keep the materials of the commission a day later.

The president has also instructed the IGP to provide police protection to lawyers, wiitnesses, if necessary, a powerful minister has told ‘Sathhanda.’

Janitha Prasad Senanayake

A notorious Blue Brigand scoundrel cum PMG (Polu Master General) who was interdicted for post of high court judge !

Lanka-e-News - 09.Sep.2017, 11.55PM)  While hatching conspiracies to chase out a most erudite and reputed high court judge Gihan Kulatunge , it is learnt that a district judge Aravinda Perera who was earlier interdicted is to be appointed as a high court judge. In addition Aravinda despite being a judge is a loan defaulter who has cheated 8 banks and  financial Institutions to the tune of a whopping Rs. 19 million  by not repaying the loans taken by him. It is with deep regret we are reporting this  sad  news revolving around  an issue which  can spell doom to the judiciary  and the country. 

The antecedence of Aravinda is so putrid that in the list of defaulters revealed by Central Bank  -that is CRIB report, his name appears in that list over 15 times implying that he is a  notorious P.M.G. (Polu Master General) – in short an ace crook !

He has taken loans in many millions from 6 banks and 2 financial Institutions.  Among the banks that have been taken for a ride by him are National Savings Bank(NSB), National Development Bank (NDB) , Peoples Bank and  Bank of Ceylon . He has duped  the banks to the tune of Rs. 19 million after taking loans. 

In 2012 , the Bank of Ceylon filed 2 cases in the district court to recover this loan from Aravinda the PMG (not Post master General!).  After Aravinda became the district court judge he secured the opportunity to hear his own cases.  He summoned 2 officers of the Bank of Ceylon which had filed action against him , threatened them  and suppressed the two cases . 

Subsequently judge Ganepola who replaced Aravinda uncovered these two concealed cases and  reported to the Judicial Service Commission(JSC) .

The president of the JSC at that time was a former chief justice Shiranee Bandaranaike .Aravinda who was summoned before the Commission was ordered to submit the CRIB report forwarded to him by the Bank of Ceylon for  investigation . The CRIB report can be obtained only by the party involved or the financial Institution, or the Police . The JSC cannot call for a CRIB report and therefore Aravinda was notified to  produce it.

The report submitted by Aravinda stated he is a Debtor who had defaulted on loan payments . The Commission then served a charge sheet on   Aravinda, interdicted him and commenced disciplinary inquiries .

As it was often the case during the corrupt Rajapakse era when the corrupt and the crooks held sway under the patronage  of the then despotic president Mahinda Rajapakse (Alibaba) the chieftain of the crooks, because Aravinda’s father Siri Perera was a long time bosom pal of despotic Mahinda  , and Aravinda was a front line unofficial  member of Namal Rajapakse’s Nil Balakaya , the crooked Aravindas ( father and  son)  got together with the other crooked Rajapakse set (Mahinda and Namal) and suppressed this fraud  after Aravinda duo complained to the Rajapakse duo. 

Mahinda then summoned the members of the JSC for a discussion  in order to rescind the  interdiction order .

The then president of the JSC Shirani Bandaranaike vehemently opposed this , and also  an official communique was issued by  judge Manjula Thilakaratne who was its secretary at that time revealing the threats  faced by the Commission  . It was based on that  communique , the murderers and marauders of Rajapakse tried to murder judge Thilakaratne on a later date at Mt. Lavinia. 

The communique issued on 2012-09-20 stated thus :  ‘As of late when disciplinary action is to be taken against a judge , various threats are being posed to the Judicial Service Commission against the decision.

 Besides , the attempts made to invite the president of the JSC who is the chief justice , and two judges of the Supreme court who are members of the Commission to a discussion is tantamount to undermining the independence of the Commission and the judiciary . This attempt was rendered unsuccessful after the relevant Institutions were enlightened on the importance of independence sans influence and the need to safeguard that independence. In this regard the Commission has written evidence in  its custody .’

Thereafter , it   continued until Shiranee Bandaranaike was chased out by Rajapakses from her post of chief justice .

In 2013 , after Mohan Peiris took over as chief Justice he did not vacate the interdiction order against  Aravinda. He was of the  view that the disciplinary action shall be continued. In he meanwhile , Aravinda who was a friend of Dilith Jayaweera chief of ‘Hakerella’ channel and stock market dealer somehow contacted Gotabaya through Jayaweera , and managed to get himself reinstated  as district judge.

Following the advent of the government of good governance , notorious Mohan Peiris  had to go, and he was replaced by Sri Pavan. Under the latter as the president of the JSC ,  a fresh CRIB report was requested. Aravinda instead of forwarding the CRIB report got around his pals in the bank . After convincing the bank he would settle the dues in installments ,   submitted those affidavits to the JSC.After the name of a loan defaulter is included in the CRIB , that name is not expunged until the loan is settled. 

Aravinda the loan defaulter who cheated the bank created a world record as the only judge in the whole wide world who is occupying the exalted position of a judge (dis)gracing the bench after his  reinstatement (via foul means) ; and SL is the only country in the world that has given way to  such a disgraceful scenario in the judicial sphere. 

Now , Priyasad    Dep is the chief justice after SriPavan’s retirement . He is also the president of the JSC. The worst part of these dramatic turn of events unfolded when  the JSC now ratified  the promotion  of this one and only  notorious Aravinda to the post of  high court judge  .

It is learnt another group within  the JSC itself has justifiably opposed this. The main reason for their objection is ,not only the non payment of loans but also over 12 other complaints received against Aravinda  by the JSC.

The pro Rajapakse scoundrels who are leaving no stone unturned to oust judges of integrity like Gihan Kulatunge   who delivers accurate and unbiased judgments , are also determined to bring in judges like crooked Aravinda who are shameless unscrupulous lackeys  and lickspittles of Machiavellian corrupt Rajapakses ,and install them as high court judges for obvious reasons- to get those equally rascally judges to deliver judgments in the future according to the whims and fancies of the pro Rajapakse  faction. It is to create such a climate these pro Rajapakse rascals and rogues are moving heaven and earth.

Though such a situation was the last thing and the least that could be expected from a JSC under the good governance government , yet the JSC has by now sent a letter to the president approving the appointment of infamous Aravinda Perera as high court judge. 

If the president is truly pro good governance and is acting in the best interests of the people and the country he should refrain from giving the consent to appoint such a jiggery pokery as a high court judge. 

 (The photograph herein depicts Aravinda the jiggery pokery judge enjoying with his pals over a drink like street urchins and pickpockets . In any other country this photo alone is enough to chase Aravinda out from the post of judge  let alone granting promotion.)

By a courts inside information division reporter of Lanka e news 

---------------------------
by     (2017-09-09 23:12:36)

We must keep unrelenting pressure on S&R

Is criticism of the government having a salutary effect?

Yes we can win the referendum!

"I screwed the lot of you, didn’t I?"
[Source: https://i0.wp.com/www.slguardian.org/wp-content/uploads/2015/12/JRJ_Lanka.jpg?resize=390%2C260&ssl=1]

"Constitution! What constitution?"
[Source: http://www.asiantribune.com/node/88425]

by Kumar David-September 9, 2017, 6:29 pm 

No need to get hopes too high, it could still end in a flop, but there is a need to keep relentless pressure and criticism on the government. Short of anything that helps the Joint Opposition–Rajapaksa (JO-MaRa) rotters, one must not relax vigilance of the S&R outfit. However my expectations are different from other commentators, for example Jehan Perera’s (JP) piece "More Purposeful Government in the Making" – Colombo Telegraph and Island 28 August. He hopes that recent events, I will not summarise since he has, have galvanised the government into taking a purposeful approach to dealing with the gross malfeasance of the previous regime and curbing corruption in its own ranks. I am less sanguine on that, but my departure from JP is more fundamental. He is a good fellow but regrettably serves as a usable foil to open my piece with – sorry JP.

I do not have hopes that during the tenure of this government there will be successful prosecution of the corrupt big fish and murderers of the Rajapaksa era, nor am I hopeful that corruption in UNP-SLFP ranks will be curtailed. True Ravi has been removed from the Foreign Ministry (I have no grudge against the chap, but he had to go) and firing Wijeyadasa is welcome. As 2020 approaches pressure will mount and more token actions are likely. Though this is true, I do not expect much progress on corruption related matters and I have lowered my expectations. However, there is another more important matter on which I have my fingers crossed; the Constitution.

Let me put my cards on the table. There were three priorities that motivated all who threw their weight into the January 8, 2015 movement: One, defeat the slide to dictatorship, two, enact a democratic constitution to replace JR’s infamous one and include a fair deal for the minorities, and third, prosecute crooks of the last regime and curb sleaze. The first objective has been substantially achieved, though recently, incidents of rights violation are on the rise. Since the first objective was the most urgent I am prepared to claim that the 2015 regime change has been beneficial. I said that I have given up on the third objective, but if the prayers of good Christians like JP are answered, that’s a bonus. My hopes are now pinned on an at least a half-decent Constitution. This is what I meant by saying that JP and I are shooting at different targets.

Later, I will say a few words about what might make a half-decent Constitution but before that let me grumble about S&R’s parliamentary retinue. They are blithering cowards; too scared to stand up for the Constitution. They tremble before intolerant cohorts of the sangha, they lack vertebra to face MaRa rabble, and some unfortunately are infected with chauvinism themselves. These guys hid under the bed for years when Gota’s white vans and SF’s SWAT squads were marauding, leaving others to face the music; they are no different today. Hence a new constitution is no done deal; it being half-decent is also uncertain. It’s an uphill battle and public mobilisation is the only weapon that might work.

Cowardice is unwarranted and misplaced; there is no need to wet jock-straps, or whatever one wears under the vawula reddha. A referendum can be won. Let me use the votes that Gota may poll in a hypothetical Presidential election of the current style as a proxy. This potential Gota vote is a proxy for the "no" vote in the referendum; both represent the same provenance. Now no way will Gota poll what Mahinda did in 2015; he will poll substantially less. Some Muslims voted for Mahinda, none will for Gota; Tamils spurn both outright. Even 60% of the Sinhala-Buddhist vote is 42% nationally (0.6x0.7). Where is he, or the hypothesised referendum, going to find the other 8%? Even 65% of the S-B vote (which makes the unsustainable assumption that the UNP, Sirisena-SLFP and JVP together can muster only 35% of S-Bs) falls short of 50% by nearly 5%. So that cock won’t fight! If the ‘for-constitution’ movement mobilises it can defeat racist-religious bigotry and win the referendum. I don’t understand why S&R and their retinue of clowns are opaque to simple arithmetic. The constitutional referendum can be won – period!

I will supplement this with another observation; the uses and abuses of state power. Mahinda’s vote in 2015 was blown up by rampant manipulation of state power such as use of government vehicles and premises, police intimidation and gunny bags stuffed with cash. This time the boot is on the other foot. Emboldened that state power is on their side, pro-government toughs will not hesitate to beat up JO-MaRa thugs. I am willing to wager a litre bottle of Single Malt, Talisker 10-Year Old preferred, that the referendum will be won 55:45 or better, or two bottles of Halmila Old that it will be won better than 60:40. Challengers please contact me via the Editor.

This expectation presupposes that Provincial Council polls are deferred till after the referendum. I support the postponement though it may be disallowed by the courts; two PCs have already rejected the Twentieth Amendment. Liberal Pakiasothy Sara, indulging in moral absolutism, has taken the issue to the courts. Recently I had a row with a friend (TJ) about (his) moral relativism. Now the boot is on the other foot; I am the one claiming that there are occasions on which moral relativism is justified. Look at the options; at least one PC’s up for election is a JO-MaRa stronghold. If the pro-constitution folks lose, the consequence will be a psychological setback; perhaps not fatal but why take a chance, the constitution is crucial? I am not pretending 20A is noble, nor faking excuses. I am explicitly saying that, on occasion, moral relativism is justified in pursuit of a greater good. 20A is bearable if the constitution is tabled and the referendum is held soon afterwards. Otherwise, we would all have been played for suckers - taken for a ride again! It’s a gamble; you can’t trust these bastards!

My attitude to S&R and its rag-tag parliamentary tail is that, other than the restoration of democracy, the government has fallen far short of expectations. But we have no choice but to work with this god-awful bunch. The alternative is the devil – MaRa, Gota and the hoodlums of the Joint Opposition. In such predicaments leftists console themselves by recalling Lenin’s choice in April 1917 to travel through Germany at the invitation of the German Imperial Kaiser in a sealed train ("Like a plague-bacillus" in Churchill’s words) to reach Russia and foment revolution.

Then in 1918 the infant revolutionary state was attacked on 17 fronts by White Russians and British, American, French, Canadian, Italian, Greek and Japanese troops, arms and money ("Bolshevism must be strangled in its cot": Churchill). There is a report/yarn that Lenin tabled a motion in the Central Committee: "We will accept aid from the German imperialist brigands to fight the imperialist brigand’s attempting to destroy the revolution". These two episodes capture the problem of dealing with a segmented exterior polity. Though our case is not earth shaking the basic question is the same: "When and under what circumstances is moral relativism justified?" I am not asking you to delude yourself that 20A is more than a lousy but unavoidable option, as per Lenin’s choice of words.

I will sign off with a few remarks on what makes for a half-decent constitution, but before that I need to make a point. The left had no illusions that a progressive or socialist economic agenda would issue from this government. It entered the January 8 movement with eyes open to achieve the three political objectives enumerated previously. It did so without any false socio-economic expectations. How can a disciple of JR and an ideological zero form an administration dedicated at social-democratic tasks?

At a minimum, the new constitution must strip the executive presidency, if it is retained at all, of Bonapartist authority – hence a directly elected president or prime minister is out. There has to be ample devolution and avenues for removal of scoundrel politicians – that is procedures for the recall of MPs, PCs and LG members. Prosecution, for graft or abuse of office, by politicians, public servants, police officers and military personnel must be easy, quick and the standards of proof must be lowered. In some places, China is one, venality of persons of high rank is a capital offence. We need it for Ministers, MPs and public officers above a certain rank. It is an imperative if Lanka is ever to rid itself of the plague of frenzied corruption. Interference with the judiciary by political leaders must entail harsh punishment. All these provisions will be enthusiastically welcomed by the public and can be box-office breaking selling points for the referendum.

Notwithstanding cussing and swearing I am no obstinate chump unwilling to compromise. I am not asking for a secular constitution (let the chapter on religion stand; the gullible need their opium); nor am I asking for chest-beating provisions on Sinhala Only and the also-ran status of other languages to be ironed out. I am not opposed to keeping Unitary in words and undermining it in content. Up to a point we have to play this game, or Lanka’s plethora of political knaves will lead the blindfolded millions down the cliff and over the precipice like Gadarene Swine.