Undisclosed wealth among 14 charges against chief justice and Charges say her actions has “plunged the Supreme Court and the office of chief justice into disrepute
Posted on November 6th, 2012
Sri Lanka News
The impeachment motion against Chief Justice Shirani Bandaranayake was placed on the order paper of Parliament today, and there were 14 charges mention against her.
It says Bandaranayake did not disclose how she obtained 19 million rupees ($146,000) to pay for a house purchased under power of attorney for another person, and says that she took control of several cases filed against the company that sold the property, having removed the judges who originally heard the cases.
Bandaranayake is also accused of not declaring details of 20 bank accounts, including four foreign currency ones worth a total of 34 million rupees ($260,000).
The order paper says that Bandaranayake is unfit to remain chief justice because she has the power to transfer or take disciplinary action against judges or examine case documents when her husband, a former state bank chairman is on trial for corruption.
She is also accused of misusing her position to harass other judges.
The charges mentioned against the Chief Justice are as follows;
Whereas by purchasing, in the names of two individuals, i.e. Renuka Niranjali Bandaranayake and Kapila Ranjan Karunaratne using special power of attorney licence bearing No. 823 of Public Notary K.B. Aroshi Perera that was given by Renuka Niranjali Bandaranayake and Kapila Ranjan Karunaratne residing at No. 127, Ejina Street, Mount Hawthorn, Western Australia, 6016, Australia, the house bearing No. 2C/F2/P4 and assessment No. 153/1-2/4 from the housing scheme located at No. 153, Elvitigala Mawatha, Colombo 08 belonging to the company that was known as Ceylinco Housing and Property Company and City Housing and Real Estate Company Limited and Ceylinco Condominium Limited and is currently known as Trillium Residencies which is referred in the list of property in the case of fundamental rights application No. 262/2009, having removed another bench of the Supreme Court which was hearing the fundamental rights application cases bearing Nos. 262/2009, 191/2009 and 317/2009 filed respectively in the Supreme Court against Ceylinco Sri Ram Capital Management, Golden Key Credit Card Company and Finance and Guarantee Company Limited belonging to the Ceylinco Group of Companies and taking up further hearing of the aforesaid cases under her court and serving as the presiding judge of the benches hearing the said cases;
2. Whereas, in making the payment for the purchase of the above property, by paying a sum of Rs 19,362,500 in cash, the manner in which such sum of money was earned had not been disclosed, to the companies of City Housing and Real Estate Company Limited and Trillium Residencies prior to the purchase of the said property;
3. Whereas, by not declaring in the annual declaration of assets and liabilities that should be submitted by a judicial officer, the details of approximately Rs. 34 million in foreign currency deposited at the branch of NDB Bank located at Dharmalpala Mawatha, Colombo 07 in accounts 106450013024, 101000046737, 100002001360 and 100001014772 during the period from 18 April 2011 to 27 March 2012;
4. Whereas, by not declaring in the annual declaration of assets and liabilities that should be submitted by a judicial officer the details of more than twenty bank accounts maintained in various banks including nine accounts bearing numbers 106450013024, 101000046737, 100002001360, 100001014772, 100002001967, 100101001275, 100110000338, 100121001797 and 100124000238 in the aforesaid branch of NDB Bank;
5. Whereas, Mr. Pradeep Gamini Suraj Kariyawasam, the lawful husband of the said Hon. (Dr.) (Mrs.) Upatissa Atapattu Bandaranayake Wasala Mudiyanse Ralahamilage Shirani Anshumala Bandaranayake is a suspect in relation to legal action initiated at the MagistrateƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s Court of Colombo in connection with the offences regarding acts of bribery and/or corruption under the Commission to Investigate into Allegations of Bribery or Corruption Act, No 19 of 1994;
Whereas, the post of Chairperson of the Judicial Service Commission which is vested with powers to transfer, disciplinary control and removal of the Magistrate of the said court which is due to hear the aforesaid bribery or corruption case is held by the said Hon. (Dr.) (Mrs.) Upatissa Atapattu Bandaranayake Wasala Mudiyanse Ralahamilage Shirani Anshumala Bandaranayake as per Article 111D (2) of the Constitution;
Whereas, the powers to examine the judicial records, registers and other documents maintained by the aforesaid court are vested with the said Hon. (Dr.) (Mrs.) Upatissa Atapattu andaranayake Wasala Mudiyanse Ralahamilage Shirani Anshumala Bandaranayake under Article 111H (3) by virtue of being the Chairperson of the Judicial Service Commission;
Whereas, the Hon. (Dr.) (Mrs.) Upatissa Atapattu Bandaranayake Wasala Mudiyanse Ralahamilage Shirani Anshumala Bandaranayake becomes unsuitable to continue in the office of the Chief Justice due to the legal action relevant to the allegations of bribery and corruption levelled against Mr. Pradeep Gamini Suraj Kariyawasam, the lawful husband of the said Hon. (Dr.) (Mrs.) Upatissa Atapattu Bandaranayake Wasala Mudiyanse Ralahamilage Shirani Anshumala Bandaranayake in the aforesaid manner, and as a result of her continuance in the office of the Chief Justice, administration of justice is hindered and the fundamentals of administration of justice are thereby violated and whereas not only administration of justice but visible administration of justice should take place;
Whereas, despite the provisions made by Article 111H of the Constitution that the Secretary of the Judicial Service Commission shall be appointed from among the senior judicial officers of the courts of first instance, the Hon. (Dr.) (Mrs.) Upatissa Atapattu Bandaranayake Wasala Mudiyanse Ralahamilage Shirani Anshumala Bandaranayake acting as the Chairperson of the Judicial Service Commission by virtue of being the Chief Justice, has violated Article 111H of the Constitution by disregarding the seniority of judicial officers in executing her duties as the Chairperson of the Judicial Service Commission through the appointment of Mr. Manjula Thilakaratne who is not a senior judicial officer of the courts of first instance, while there were such eligible officers;
7. Whereas, with respect to the Supreme Court special ruling Nos. 2/2012 and 3/2012 the said Hon. (Dr.) (Mrs.) Upatissa Atapattu Bandaranayake Wasala Mudiyanse Ralahamilage Shirani Anshumala Bandaranayake has disregarded and /or violated Article 121 (1) of the Constitution by making a special ruling of the Supreme Court to the effect that the provisions set out in the Constitution are met by the handing over of a copy of the petition filed at the court to the Secretary General of Parliament despite the fact that it has been mentioned that a copy of a petition filed under Article 121 (1) of the Constitution shall at the same time be delivered to the Speaker of Parliament;
8. Whereas, Article 121(1) of the Constitution has been violated by the said Hon. (Dr.) (Mrs.) Upatissa Atapattu Bandaranayake Wasala Mudiyanse Ralahamilage Shirani Anshumala Bandaranayake despite the fact that it had been decided that the mandatory procedure set out in the said Article of the Constitution must be followed in accordance of the interpretation given by the Supreme Court in the special decisions of the Supreme Court bearing Nos. 5/91, 6/91, 7/91 and 13/91;
9. Whereas, irrespective of the absolute ruling stated by the Supreme Court in the fundamental rights violation case, PresidentƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s Counsel Edward Francis William Silva and three others versus Shirani Bandaranayake (1992 New Law Reports of Sri Lanka 92) challenging the appointment of the Hon. (Dr.) (Mrs.) Upatissa Atapattu Bandaranayake Wasala Mudiyanse Ralahamilage Shirani Anshumala Bandaranayake, when she was appointed as a Supreme Court judge, she has acted in contradiction to the said ruling subsequent to being appointed to the office of the
Supreme Court judge;
10.Whereas, the Supreme Court special rulings petition No. 02/2012 filed by the institution called Centre for Policy Alternatives to which the Media Publication Section ƒÆ’‚¢ƒ¢-¡‚¬ƒ”¹…”GroundviewƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢ that had published an article of the Hon. (Dr.) (Mrs.) Upatissa Atapattu Bandaranayake Wasala Mudiyanse Ralahamilage Shirani Anshumala Bandaranayake, while she was a lecturer of the Law Faculty of the University of Colombo prior to becoming a Supreme Court judge, has been heard and a ruling given;
11. Whereas, in the case, PresidentƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s Counsel Edward Francis William Silva and three others versus Shirani Bandaranayake (1992 New Law Reports of Sri Lanka 92) that challenged the suitability of the appointment of the Hon. (Dr.) (Mrs.) Upatissa Atapattu Bandaranayake Wasala Mudiyanse Ralahamilage Shirani Anshumala Bandaranayake who holds the office of the Chief Justice and thereby holds the office of the ex-officio Chairperson of the Judicial Service Commission in terms of the Constitution, Attorney-at-Law L.C.M. Swarnadhipathi, the brother of the MagistrateKuruppuge Beeta Anne Warnasuriya Swarnadhipathi filed a petition against the appointment of the said Hon. (Dr.) (Mrs.) Upatissa Atapattu Bandaranayake Wasala
Mudiyanse Ralahamilage Shirani Anshumala Bandaranayake owing to which the
Hon. (Dr.) (Mrs.) Upatissa Atapattu Bandaranayake Wasala Mudiyanse
Ralahamilage Shirani Anshumala Bandaranayake has harassed the said Magistrate
Kuruppuge Beeta Anne Warnasuriya Swarnadhipathi;
12. Whereas, the Hon. (Dr.) (Mrs.) Upatissa Atapattu Bandaranayake Wasala Mudiyanse Ralahamilage Shirani Anshumala Bandaranayake who holds the office of the Chief Justice and thereby holds the office of the ex-officio Chairperson of the Judicial Service Commission in terms of Article 111D (2) of the Constitution has, by acting ultra vires the powers vested in her by the Article 111H of the Constitution ordered the Magistrate (Mrs.) Rangani GamageƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s right to obtain legal protection for lodging a complaint in police against the harassment meted out to her by Mr. Manjula Thilakaratne, the Secretary of the Judicial Service Commission;
13. Whereas, the said Hon. (Dr.) (Mrs.) Upatissa Atapattu Bandaranayake Wasala Mudiyanse Ralahamilage Shirani Anshumala Bandaranayake being the Chief Justice and thereby being the Chairperson of the Judicial Service Commission, in terms of Article 111D (2) of the Constitution, has abused her powers by ordering the Magistrate (Mrs.) Rangani Gamage to obtain permission of the Judicial Service Commission prior to seeking police protection thereby preventing her from exercising her legal right to obtain legal protection;
14. Whereas, the Hon. (Dr.) (Mrs.) Upatissa Atapattu Bandaranayake Wasala Mudiyanse Ralahamilage Shirani Anshumala Bandaranayake by performing her duties as the Chairperson of the Judicial Service Commission has referred a letter through the Secretary of the Judicial Service Commission to the Magistrate (Mrs.) Rangani Gamage, calling for explanation from her as to why a disciplinary inquiry should not be conducted against her for seeking protection from the Inspector General of Police by exercising her legal right;
The motion says , By acting in the aforesaid manner,ƒÆ’‚¢ƒ¢-¡‚¬ƒ¢¢”š¬‚
(i) whereas it amounts to improper conduct or conduct unbecoming of a person holding the office of the Chief Justice;(ii) whereas she had been involved in matters that could amount to causes of action or controversial matters,iii) whereas she had influenced the process of delivery of justice, (iv) whereas there can be reasons for litigants to raise accusations of partiality/impartiality, she has plunged the entire Supreme Court and specially the office of the Chief Justice into disrepute. Therefore we, the aforementioned Members of Parliament resolve that a Select Committee of Parliament be appointed in terms of Article 107 (3) of the Constitution read with the provisions of Article 107 (2) and Standing Order 78 A of Parliament enabling the submission of a resolution to His Excellency the President for the removal of the Hon. (Dr.) (Mrs.) Upatissa Atapattu Bandaranayake Wasala Mudiyanse Ralahamilage Shirani Anshumala Bandaranayake from the office of the Chief Justice of the Democratic Socialist Republic of Sri Lanka in the event the Select Committee reports to Parliament that one or more of the charges that have been levelled have been proved after the aforesaid charges of misconduct have been investigated.
November 6th, 2012 at 7:42 am
SORRY HON. (DR.) (MRS.) SHIRANI, YOU SHOULD HAVE PRESSED THE ” SEAT EJECTOR BUTTON ” BEFORE THIS PLANE LOAD OF ~~~DIRTY LINEN~~~CRASHED.
THE CHIEF PILOT HAS ERRED, AND WILL HAVE TO LIVE A LIFE-TIME, WITH INJURIES ~~~SELF INFLICTED~~~DUE TO INDECISION AND BAD JUDGEMENT. BLESS YOU, NEVERTHELESS.
November 6th, 2012 at 1:02 pm
The charges should be translated into Sinhala and Tamil and published in all local newspapers.
November 6th, 2012 at 1:25 pm
I assume the reason why the likes of Prof G L Peiris, Rauff Hakeem and Champika Ranawaka were not signatories to the Impeachment Motion is that they will be part of the Select Committee to adjudicate on the Impeachment .
However, it is very noticeable none of the signatories are from the Legal Profession.
November 6th, 2012 at 1:29 pm
People are Really Stunned and Dumbfounded.
Impossible to imagine the way people can be that nasty to the country.
In order to take the grudge from the government she has given a damming Supreme Court ruling that the Divineguma Bill has to be passed with two third majority in Parliament and Clause 8 has to be approved at a referendum and also two third majority in Parliament. A one step closer to separate state!!!!!!
November 6th, 2012 at 2:14 pm
Its amasing that those who were appointed to deliver JUSTICE TO OTHERS are involved in MASSIVE SCALE FRAUDS-IF THEY ARE TRUE!!!
November 6th, 2012 at 2:15 pm
OK it is a good investigation! what about Duminda or Hakeem and their bank accounts or the bank accounts of Namal and Shiranthi family who screwd millions?
November 6th, 2012 at 2:22 pm
To all 117 Hon’ Members OF Parliament who signed the “Impeachment Motion” – I suggest you to add one more charge as the 15th in the list as follows:
“Wheras by posing for a photgraph with the parents, viz Hon’ble Mahinda and Shiranee Rajapaksa on the occasion of their son, Hon’ble Namal Rajapaksa taking oaths as an Attorney-at- Law and thereby creating an unprecedented unethical precedence in the history of such an event and thereby bringing disrepute to the entire Judicial practices and its members”.
Even at this late stage this could be included in the charge sheet as an “addendum”.
Please give your serious thoghts to this proposal. Thank you.
November 6th, 2012 at 2:27 pm
Mudali Podiyengle
You should learn to differentiate facts from gossips. If Namal or Shirati family screw millions, one day they will get caught. We have got a parliament and politicians can change.See what has happened to Chauri Rajani and We just got a Chauri Maha Rajini.
Rajapakses are from down south and I can trust them, even though I am from Attanagalle.
November 6th, 2012 at 3:20 pm
#10 allegation is lame.
Better if it was not there.
It seems the govt. wants to appoint PERSONS WITH A BAD HISTORY to top posts, so that the govt. can pull the trigger anytime on them.
e.g. Fonseka who had a horrible criminal past. He was made the army commander. He HAD TO dance to the govt. tune or else…..
e.g. Punchinilame, Rajitha, Hack-Him, Thinda, Douglas, Karuna, Daya Master, KP, Duminda, Mervyn are all shady characters (some are very useful though). IF they go against the govt. they will be punished. That forces them to toe the line.
e.g. Ravi karunanananayaka is investigated by FBI on money laundering. He is saved by the govt. with the agreement he will shut his gap up which he has done.
e.g. Run-NIL will be punished for treason, unless he plays stupid which he does.
Somewhat like Macbeth.
But there is no other way to get loyalty from these people or any MP. They are all selfish. Only threats work with them.
This is the strategy to use against TNA terrorists.
November 6th, 2012 at 3:24 pm
Bring terrorism, treason charges against TNA.
Threaten them to accept unitary SL or go to WELIKADE. That will bring them SWEET SWEET memories and they will accept what we tell them to avoid it!
They have no other choice! :))
I hope the govt. does this. Otherwise TNA will be uncontrollable.
November 6th, 2012 at 4:58 pm
FRIENDS !! SRILANKANS !! COUNTRYMEN !!
This is only the Tip of the Iceberg. There will be many, many more rats in the Political and Legislative Sewers, who are infected with a very similar degenerative mental syndrome.
WE AWAIT DR. COPE TO LOOK AFTER THEM. SURGERY HAS TO BE PERFORMED, JUST LIKE THIS IMPEACHMENT.
Watch out ! infected rats, watch out.
November 6th, 2012 at 5:37 pm
Either way this is a own goal.
November 6th, 2012 at 6:53 pm
When this story broke I said:
The fact that the Chief Justice delivered the Decision on the DiviNaguma Bill to the Secretary General of the Parliament instead of the Speaker seems, at face value, to be a minor, remediable, technicality.
The REAL ISSUE here seems to be the RULING of the Supreme Court (SC), under the Chief Justice’s leadership, that the NATIONL DiviNaguma Bill, which cuts across Provincial boundaries, is UNCONSTITUTIONAL.
The Chief Justice seems to be BLIND to the fact that the 13th Amendment which created the Provincial Council System, and which forms the basis of the SC decision on the DiviNaguma Bill, is itself UNCONSTITUTIONAL!
The 13th Amendment was ILLEGALLY imposed upon Sri Lanka by India, ignoring VOCIFEROUS PROTESTS from the majority community, and most citizens, of Sri Lanka, under the THREAT of Permanent Military Occupation of Sri Lanka by Indian Forces.
If the Chief Justice cannot find the LEGAL PRECEDENT for delivering a Judgment that QUESTIONS the LEGALITY of the 13th Amendment itself, she DOES NOT BELONG in her position as the Chief Justice of the Supreme Court, for she lacks either the necessary JUDICIAL KNOWLEDGE to DISCOVER those PRECEDENTS, and/or the necessary personal commitment to preserving the Integrity and Sovereignty of Sri Lanka.
In my own comments at LankaWeb.com and the SriLankaDefenceForum.blogspot.com , I have identified many International Legal Precedents (for example, the infamous Munich Agreement that was abrogated by Czechoslovakia after the defeat of Nazi Germany) that can be used for that purpose.
Therefore, let this MYOPIC & USELESS judge be removed from the Supreme Court, using any and all evidence that exists of her unsuitability for her position on the Supreme Court, for she has failed her FOREMOST DUTY to Defend & Protect Sri Lanka.
NOW, I say … Uh Oh … dear Chief Justice, your slip is indeed showing under your judicial robes!
November 7th, 2012 at 3:38 am
Mudali you are wrong to say that Namal or Rajapaksa’s srewed millions. We dont have any right to accuse anyone without knowing facts.If someone has abused power or screwed millions of public money you or anybody should complain to the proper authorities with proof then they will take action. Simply blaming somebody is or accusing somebody is not the correcr way.
She has done some mistakes so she has to face the music now or resign with dignity. This is life man. Some goes up some goes down.We are all humans so let this drama take it’s own course and give the verdict for us to move forward. This is not the world’s end. This is only one, more will follow as long as we have Rajapksa’s on the helm. Be patient! We cannot be wonder of Asia with crooks roaming around freely. Get them out from top to bottom. Save thy country SRI LANKA.
November 7th, 2012 at 3:46 am
14 charges against chief justice
person is not gilty until she is proven ! land of law )
please wait for CJ her side of story ?
November 7th, 2012 at 3:53 am
Ananda-USA
The Chief Justice seems to be BLIND to the fact that the 13th Amendment which created the Provincial Council System, and which forms the basis of the SC decision on the DiviNaguma Bill, is itself UNCONSTITUTIONAL!- So if she declar 13A is unconsitutional & DiviNaguma Bill is according to SL consisitute ! Than she can break all 14 charges !!!
You Chinhala Modaya !!! Are you realy living in USA ??? or Hampandoda?
November 7th, 2012 at 4:44 am
if the allegations are true she can be impeached but let the people who make the allegations prove they are honest by declaring their assets.
November 7th, 2012 at 5:41 am
What this has done is to diverge the attention away from 13 A.
Surely, like Ponnaseka case, after removal of CJ you can send her husband to jail. But what is most important for the country at the present moment is killing of 13A.
November 7th, 2012 at 5:56 am
Dham
What this has done is to diverge the attention away from 13 A. – because CJ declare it need 2/3 majority for new law which dilute 13A !
November 7th, 2012 at 8:03 am
Keep the FOCUS on the 13-A which has to repealed.
The SC has made a ruling on the Divineguma Bill, and the ruling has to be followed. The Divineguma Bill is ideal to uplift the rural poor and may take the place of 13-A, and is therefore important.
The unfortunate incident of CJ (& husband’s dealings) should be dealt with as a separate issue.
November 7th, 2012 at 8:26 am
Please any chinhala brother can translat meaning of Divineguma
thanks
November 7th, 2012 at 8:48 am
Ananda,
I disagree with your analysis that the 13th Amendment is unconstitutional or illegal.
It is part of the Constitution and the SC under the CJ leadership interpreted it based on the provisions in the Constitution. 13th may be unpopular and imposed on us under duress but it is part of the Constitution and has been over many years. If indeed the CJ misinterpreted it or even found not be able to question the legality of the 13th, why did not the Impeachment Motion include “No Confidence”, “incapacity”, “negligence” or “unqualified” or other hosts charges questioning her competence instead we have some “trumped” up charges which is laughable.
There are and were many people who were against the 13th; but MR keeps giving undertakings to implement or even go further than the 13th. If MR is so against it, why would he not go for a referendum to get rid of it?
Ironically, the only person who was “dead” against the 13th from the outset was Prabakaran (excuse the pun!)
November 7th, 2012 at 10:03 am
Andy,
Divi = Life
Naguma = Upliftment
November 7th, 2012 at 12:38 pm
Sirih says “Either way this is a own goal.”
Surely you must know by now that goal posts can be moved!
November 7th, 2012 at 2:19 pm
“Tamils vote with Muslims in EPC against SLA land grab of Muslim village
[TamilNet, Wednesday, 07 November 2012, 15:30 GMT]
The Eastern Provincial Council (EPC), which is now under the control of ruling United People Freedom Alliance (UPFA) passed a resolution unanimously Tuesday against the appropriation by the Sri Lanka Army of the entire traditional Muslim village, Karimayilaiyoottu with a century old mosque. C.Thandayuthapani, the opposition leader in the EPC who represents the Tamil National Alliance (TNA) extended full support to the motion saying that no one would tolerate the appropriation of a traditional Muslim village and the mosque by the Sri Lankan military. The resolution was brought by Ameer Ali, a ruling party member, at the monthly meeting of the EPC.”
This means provincial councils HAVE LAND RIGHTS!!!!
Curse!!
November 8th, 2012 at 1:01 am
Lorenzo
Demila muddal 13A is a constition on SL law which include Land & Police ( only problme it is implimented fully yet since 1987) !!!
November 8th, 2012 at 3:16 am
lingamHandy,
I don’t think you even took the time to read and understand what I said …. so there is no point in arguing with you while you spout your characteristic invective at all and sundry.
Your antics mimic those of the “super intelligent” Eelamists trolling the internet during Eelam War IV at the Defencewire blog who had a habit of insulting Sinhala people as Modayas,.
That persisted until the “Modayas” turned tables on them and left them, and their SunGod, pushing daisies up from underground along the banks of the Nathikandal lagoon. Then all went quiet on the Modaya Front, and the great Tiger warriors became pussycats, and “innocent wailing victims” … mere babes in the woods.
That is until you, a memory damaged “super intelligent” Eelamist survivor from Nathikandal comes along and starts the ” Chingala Modaya” monkey dance all over again!
Perhaps, you are expecting a different result this time around? Only when hell boils over.
November 8th, 2012 at 4:40 am
Marco,
1. You said: “I disagree with your analysis that the 13th Amendment is unconstitutional or illegal.”
Disagreement is OK, but let us examine your reasons.
“It is part of the Constitution and the SC under the CJ leadership interpreted it based on the provisions in the Constitution. 13th may be unpopular and imposed on us under duress but it is part of the Constitution and has been over many years. ”
Certainly, the 13-A is a part of the Constitution imposed on Sri Lanka, it is the CJ’s job to interpret it, but usually that INTERPRETATION is not a cut-and-dry straightforward process.
The need to interpret the Constitution becomes complex when the situation at issue being judged is not covered word-to-word in the Constitution, or the issue reveals some inconsistency within the Constitution itself. In such cases, where the wording itself is insufficient, Justices look to other materials to discover the spirit and intent of the framers of the Constitution, and of the legislators who adopted it as law, to “guide” their interpretation of the Constitution. These are collectively called Precedents. Precedents may include previous SC judgements, previous Constitutions of Sri Lanka, related legislative documents, and material cited by the framers that may even include pre-existing Constitutions of other countries that were used to guide them.
When they discover inconsistencies or defects in the Constitution itself, including Amendments that compromise the spirit and intent of the MAIN BODY of the Constitution such as those areas pertaining to Sovereignty and Integrity of the nation, it is their duty to add those as findings to their ruling, and defer where necessary, to the legislature for a solution to the problem. It is in that sense that I stated that the 13-A may itself be unconstitutional in that it violates important provisions elsewhere in the Constitution. In thissense, I stated
“The Chief Justice seems to be BLIND to the fact that the 13th Amendment which created the Provincial Council System, and which forms the basis of the SC decision on the DiviNaguma Bill, is itself UNCONSTITUTIONAL!
The 13th Amendment was ILLEGALLY imposed upon Sri Lanka by India, ignoring VOCIFEROUS PROTESTS from the majority community, and most citizens, of Sri Lanka, under the THREAT of Permanent Military Occupation of Sri Lanka by Indian Forces.
If the Chief Justice cannot find the LEGAL PRECEDENT for delivering a Judgment that QUESTIONS the LEGALITY of the 13th Amendment itself, she DOES NOT BELONG in her position as the Chief Justice of the Supreme Court, for she lacks either the necessary JUDICIAL KNOWLEDGE to DISCOVER those PRECEDENTS, and/or the necessary personal commitment to preserving the Integrity and Sovereignty of Sri Lanka.”
2. You also said “and (the 13-A) has been (part of the constitution) over many years”. Indeed it has, but that does not eliminate the problem of the unconstitutionality of the 13-A imposed on Sri Lanka on the one hand.
On the other hand it was not possible to attempt a solution to this problem before now as a practical matter. It is only now, with the LTTE eliminated as a terrorist military force, a government with broad popular support created as a result of that eradication of the separatists, the economy placed on a sound footing, Foreign NGOs largely declawed and expelled, and the dominant Indian and Western Threats controlled with the help of other powerful Foreign Allies, that it has been possible to take up this issue. This is similar to Czechoslovakia being able to ABROGATE the Munich Agreement ceding the Sudetenland to Nazi Germany only after the defeat of Nazi Germany in WW II.
3. You also said “If indeed the CJ misinterpreted it or even found not be able to question the legality of the 13th, why did not the Impeachment Motion include “No Confidence”, “incapacity”, “negligence” or “unqualified” or other hosts charges questioning her competence instead we have some “trumped” up charges which is laughable.”
Please don’t be naive, the GOSL used the set of charges it can prove the most easily, without revealing its future actions on the 13-A at this point. For example, there were many more issues on which President Richard Nixon could have been impeached, but the break-in to the Democratic Party HQ at Watergate was the easiest to prove. Likewise, the attempt by President Bill Clinton to cover up his sexual indiscretions in the White House with Monica Lewinsky were the most easily provable accusations available to impeach him. The latter, in particular, would be ignored with a wink and a nod in most cases; nevertheless did break the law.
4. You said “we have some “trumped” up charges which is laughable.” I don’t think the list of 14 charges brought against the CJ are “laughable” at all. The financial indiscretions break Sri Lankan law, and the her interference using her authority as the CJ in legal cases that affect her personal interests represent conflicts of interest. These are major issues that break the law and violate the confidence placed in her as the CJ of the SC.
5. You said “There are and were many people who were against the 13th; but MR keeps giving undertakings to implement or even go further than the 13th. If MR is so against it, why would he not go for a referendum to get rid of it?”
When MR was fighting the war, and foreign countries were pressuring him to stop the offensive and to breathe life into Prabhakaran and the LTTE, MR did whatever was necessary to keep them from intervening. MR knew very well the ILLEGALITY of the 13-A, but also knew that Sri Lanka was not in a position to confront bthat valso. How easily we forget the MORTAL DANGER Sri Lanka was in, and how masterfully MR and his team managed it all to REUNIFY and to bring the PEACE & PROSPERITY to Sri Lanka that we enjoy today.
For MR to take the necessary steps to REPEAL the 13-A, the SUITABLE CONDITIONS have to be created. We are impatient, but there are external and internal enemies who have to be fended off and controlled. His definition of 13-A plus could be anything, up to and including its complete removal and revamping the Constitution in a completely different direction … just as we advocate. That could be his 13-A++++.
IDEALLY, these necessary conditions must arise through a tsunami of popular support consistent with our democratic processes of governance. Let us all PATIENTLY CONTINUE to assist in CREATING that popular demand for the REPEAL of the 13th Amendment. That is what MR needs from us.
Then MR can respond to that popular demand by taking the legal steps to get rid of this Foreign BALL & CHAIN on shackling Mother Lanka.
November 8th, 2012 at 2:07 pm
Ananda-USA
killing 40,000 in no fire zone is not that Chingala Modaya claver job!
I know monkey dance all over now but not for loger !
yes ,We are expecting a different result this time around? Only when hell boils over!
see you in Eelam war V!
November 8th, 2012 at 2:53 pm
Ananda,
Many thanks for your response, much appreciated.
Regrettably, i appear to have to have a “log jam” of my comments been moderated by Lankaweb editors for reasons i cannot fathom.
Be that as it may, may i respond very swiftly as time is short.
Lets cut to the chase!
We keep hearing repeatedly that the 13A was imposed on us. Parliament approved it, in the same way the 18th was imposed on us and Parliament approved it. Regrettably, we are stuck with it.
If Justices were look to other materials to discover the spirit and intent of the framers of the Constitution, and of the legislators who adopted it as law, to “guide” their interpretation of the Constitution, the 18th would never been passed.
Re: No 3: So you admit, frame some “laughable ” charges to impeach a Chief Justice who was doing her job but not to the satisfaction of the Executive who appointed her.
I will continue this discussion further.
However, i wish to point out the Impeachment Motion has so many mistakes and factual errors that is embarrassing that 117 members of the legislature had not even bothered to read it or check it for its accuracy.
I believe the lawyers acting for the Chief Justice have already responded to the alleged financial misdemeanours.
Keep well
November 8th, 2012 at 6:04 pm
Marco,
You said “Re: No 3: So you admit, frame some “laughable ” charges to impeach a Chief Justice who was doing her job but not to the satisfaction of the Executive who appointed her.”
Wait a minute, where did I say that the CJ was “framed” using “laughable” charges? I “admitted” nothing of the sort.
What I did say was QUITE THE OPPOSITE. I said: “I don’t think the list of 14 charges brought against the CJ are “laughable” at all. ”
Then, I went onto explain that
1. It is easier to prosecute the CJ on these non-laughable but serious charges against her rather than on her failure to act competently on the DiviNaguma Bill as affected by the 13-A. Any prosecutor would choose the easier path to attaining the desired goal, and
2. The GOSL may not have wanted to make the 13-A an issue in the CJ’s removal, perhaps it is not the appropriate time or venue. In my mind, the CJ’s impeachment is CLEARLY not as important as the 13-A, and it is CLEARLY inappropriate to couple the two at this time.
Furthermore, I did not attach any significance to MR’s appointment of the CJ (in May 2010, as a matter of fact); YOU DID. It MUST HAVE BEEN VERY DIFFICULT for MR to approve removal of the CJ, for that reflects badly on his own judgment. But he did that IN THE NATIONAL INTEREST for he fully understands that the actions the GOSL will take in the near future on Constitutional reform, and on the 13-A in particular, TRANSCEND in SIGNIFICANCE to the country the follies of myopic individual officials, such as the CJ.
November 8th, 2012 at 6:35 pm
lingamHandy,
So, we are back to 40,000 killed in the fire-free zone, are we?
Are you sure it is not 400,000? Better check those numbers with the TGTE, the GTF, the TNA, and Tamilnet before you write again, or they may send an “enforcer” to apply the necessary corrective action to your already damaged head. These guys don’t like people who don’t get the OFFICIAL LTTE-APPROVED FACTS right.
You might end up like dear old Mahattaya being beaten to death in a gunny bag hung from a tree for the SunGod’s personal delight. You want to avoid that sort of thing at all costs, my dear lingamHandy.
Of course, you have also conveniently forgotten to add who drove those 300,000 civilians (yup, that is the OFFICIAL GOSL number) into that zone at gun point, dismantling and carrying even the corrugated tin sheets of their homes on their heads, just to serve as a human shield for the late unlamented SunGod. So glad it didn’t work out that well for him, aren’t you? But, you will take care of those memory lapses soon won’t you; a mind is such a terrible thing to waste!
November 9th, 2012 at 12:37 am
Ananda-USA
I do not understand you are trying tell me?
1) 40,000 killed in the fire-free zone- is it wrong figure? only 7000( SL Govt figure)
2) Mahattaya being beaten to death in a gunny bag hung from a tree for the SunGod’s ? may be you got name wrong Ramesh (Batticalo commenter)- agrred this is what you can expect from Modayas forces for POW!
3)297,000 own citizens in own mother land in IDP camp for 3 years ? do you thing this memory lapes soon ( it will pass through our DNA to our future generation for atleast thousand years) !
4) Eelam war V is happing different way to all privoius war eg: war is not in Eelam or Sri Lanka meet enamy in outside war zone !
November 9th, 2012 at 2:05 am
lingamHandy,
1) Do I detect a glimmering of understanding that the 40,000 killed is a fabricated propaganda tale put out by the Eelamists is beginning to penetrate your damaged brain? By George, you FINALLY got it … I think … but maybe you’ll forget it tomorrow!
2) Yes, Mahattaya was beaten to death in a gunny bag hung from a tree to provide entertainment for the SunGod, as related in exquisite detail by none other than D.B.S Jeyaraj anna at his blog. Didn’t you really know, or is it that memory loss acting up again at the most inconvenient of times? Do go read it at dbsjeyaraj.com .
3) Yes, 300,000 ESCAPEES from the Sungod’s tender clutches were housed in refugee camps like the Manik Farm for up to 3 years, because they had nowhere else to go. The “Tamil Saviour” Thalaivar had forced them to rip off the roofs, the timbers, and the electrical wiring of their own homes, and carry them on their heads at gunpoint as the Sri Lanka Army advanced, to form a human shield he could hide behind, to save his miserable skin by wailing “genocide” to the world. From pillar to post they harried their Tamil captives, and killed them if they attempted to escape. But, as they say, the best laid plans of both mice and men often go astray, and the monstrous Eelamist house of cards that the SunGod built collapsed on his head despite his best efforts to hide.
The refugees were housed, fed, medically treated, their children educated, given all facilities including banks and post offices, at Sri Lankan taxpayer expense until their former home areas could be demined, their homes rebuilt, the civil infrastructure destroyed by the LTTE in their retreat could be recreated, and police protection provided, so that they could SAFELY return to their homes. All of thevrefugees were given money and a supply of food and other equipment to startup their lives in their homes. At the refugee camps, the LTTE terrorists hiding among the refugees were quickly identified and culled out into rehabilitation camps and/or prisons, so they could not be able to continue threatening their hapless former victims.
Never in the history of MILITARY CONFLICT, is there a COMPARABLE RECORD of so many having been rescued from the clutches of a diabolical HEAVILY ARMED military group, and loving taken care of so well for so long, provided every facility, and restored to their homes, to resume their lives destroyed by total enslavement by a monstrous terrorist group rivalled, perhaps, only by Pol Pot’s Khmer Rouge in Cambodia.
You, of course, as a DEDICATED Eelamist, will claim they were imprisoned amd mistreated during that time, just as you would claim they were callously abandoned by the GOSL without help if they had been allowed to return immediately to their homes, left to fend for themselves, and die treading on hidden mines.
Having CONDONED the BARBED WIRE CONCENTRATION-TORTURE CAMPS of the SunGod, hidden in the Vanni jungles, over 30 years of collaboration, why should we expect you to exhibit any remorse, or any compassion for your own, much less other peoples of Sri Lanka whom the Eelamists sliced and diced with enthusiasm?
With DEDICATED Eelamists, there is NOTHING that the GOSL could have done with respect to the war refugees that would win their grudging approval, because their BASIC OBJECTIVE is to crucify the GOSL with ANY & ALL FABRICATED and TWISTED stories they can devise.
We expect NOTHING LESS from jaundiced Eelamists, and YOU, CLEARLY brain damaged beyond recovery by the severe shock of the catastrophic defeat suffered, is running TRUE TO FORM still adhering to the Racist Eelamist DOGMA.
4) We KNOW all about your plans for the Eelam War V: its timing, its venue and its strategy. Patriotic Sri Lankan warriors WILL MEET YOU on EVERY FIELD of that battle too, ARMED and READY to WIN. We will NOT YIELD ONE INCH to Blackmail by Sri Lanka’s enemies.
So, my dear lingamHandy, bring it on, and become yet another jaundiced Pied Piper leading the remaining Eelamist Survivors to their final inevitable destruction.
November 9th, 2012 at 2:25 am
A Buddhist is ELECTED as US Senator in Hawaii!
Japanese American woman Mazie Hirono is the First US Senator who is a Buddhist!
Jayawewa!
November 9th, 2012 at 4:20 am
Ananda-USA
What can I say !!!
if you belived this what happend & happning in our Mother lanka than only I can say Thank you Ananda-USA & you Buddhist Sinhala lankan humunaty to you Saivate Tamil ilankai !!!
November 9th, 2012 at 5:16 am
Ananda-USA
The refugees Tamil were housed, fed, medically treated, their children educated, given all facilities etc… one more think you can do give then Volantary Sinhala (incl Bhuddisim) educatoin !
than in long term 10 or 20 years Our DEDICATED Eelamists(inc me) will be chased (rejected) away from Mother lanka by Demila Sinhala people in NEP !!!
Good luck !!!
Until that ….Nampungal Naalai Pirakku Thamil Eelam !!! ( We belive we will get Tamil Eelam Tomorrow )!!!
November 9th, 2012 at 7:39 pm
LINGAMANDY !!
I like your sense of Humour !! You sure will get Tamil Eelaam Tomorrow. Just go near the Cadjan fence, tuck your Vertti up, and do pee laam to your hearts content. Then say, Pee laam, Pee laam.