Another Chief Justice for Sri Lanka
Posted on January 13th, 2013

By Charles.S.Perera

 The first Woman Prime Minister of the world  was in Sri Lanka.  She was  Mrs. Sirima Bandaranaike.  She turned out to be exceptionally good despite her lack of  high qualification, which  some claims make a good political leader. But it was one or two of those qualified Ministers  who were around her with family connections that did not allow her to go forward with her own progressive ideas. 

 Appointment of the first woman Chief Justice was a good move.  But unfortunately she became excessively interested in  personal agrandisement and failed to be independent and have a simple Buddhist outlook.  Those who supported her did not advice her well, thus making her unpopular amoung the ordinary people of the country.  One has to earn prestige and respect, it is not some thing that could be demanded or obtain by force.

 If the Chief Justice Shirani Bandaranayake  had not given into the excited coconut dashing black coats of Hulftsdorp and participated in manifestations, she would have averted the consequence of the  Impeachment, and not lost respect and popularity.  She could have  resigned  without demanding a ruling  from the Court of Appeal on the Impeachment Motion.  She attempted do exactly what the former Commander of the Armed Forces Sarath Fonseka did and brought on herself the disgrace of being impeached and hated by the people.

 That is the past, now it is looking forward to see how the next Chief Justice is to be appointed. In America for the appointment to high office there is a special inquiry by a Committee of the Senate.  In Sri Lanka  where there is no  such a committee the President should  investigate into  the back ground of the possible candidates for the post . The Minister of Justice is already a Muslim and there are serious allegations of his  influence in favour of the Muslim law students.  This may not be correct but nevertheless such suspicions should not be allowed to happen. If it is another woman that is under consideration every thing about her should be investigated such as her family connections, her past relationships, her political interests, her intellectual capacities, and ability take independent decisions.

 If I were to file an FR Application, for instance against the Tamil National Alliance  for breach of the Article 157 of the Constitution , I would expect the Supreme Court Judges to see whether there had been a breach of the relevant Article or Articles of the Constitution  and make an investigation into it,  without  giving  me  moral advise  such as that Sri Lanka is a multi ethnic Society, and that I should learn to live with other Communities in harmony. 

 That for me would  not be  good judgment by a good judge.  I as a plaintiff  may have  already considered  the fundamental issues such as Sri Lanka is a multi ethnic Society and that we should learn to live in harmony with every other Community. 

 But the TNA if it is working on a separatist Agenda without any respect to the Constitution of Sri Lanka they had taken an Oath as Members of Parliament to uphold, the judges should investigate  whether there had really been such a violation of the Constitution. Because I had taken the trouble to take an action  to stop such separatist moves that TNA is  taking openly making it difficult to unite the Communities or reconcile the Communities after a 30 years of ruthless terrorism

 Giving advise on moral issues is good for a lower court taking up divorce cases or land disputes, but not for the Supreme Court which has to decide on more important issues such as the breach of relevant Articles of the Constitution.

 I have heard that the Supreme Court Judge Shirani Thilekawardena had in a such a serious case of a FR application gave  the plaintiff  a lesson on morality, advised him to live in harmony with the other communities and asked him to withdraw  the  FR application.   That is bad justice, a case as  described in the paragraphs  above should be decided on facts placed before the judge, without being philosophical looking at it in a spiritual dimension.  That is perhaps for religious dignitaries and respected elders of the Communities to do,  but not for Judges.

 There had been lot of talk about  Sri Lanka Government not respecting the  rule of natural law and not respecting  democratic principles.  But in reality Sri Lanka is an example of democracy- not as pontificated by the West or the self interested politicians of the opposition, but as a country risen out of the ” ashes of terrorism” to build a new country, a new Nation with the people of all Communities as partners.

 Sri Lanka is a new Democracy,  where we will not  identify ourselves  with our  Communal belonging , the religion we profess, or the language we speak, but as one people of a democratic Sri Lankan Nation , while at the same time respecting each other’s cultural and religious  roots.  

 The object of all of us  should be whether  we be Sinhala, Tamil , Muslim or other  is to work together for the development of our country,  our motherland  into a prosperous Nation with its people living in prosperity, peace and in harmony with each other. The Tamil National Alliance if they continue their separatist politics will not belong to  this Sri Lanka we want it to build.

 In order to arrive at that we should all make sacrifices, become altruistic, giving up selfish notions of acquiring wealth, prestige, honour and respect individually for each one of us, but give the whole country and all its people  those self  same desires we may have individually for ourselves.

 Therefore, in selecting the next Chief Justice, we should have the satisfaction that the choice that has been made  is in keeping with that concept of democracy unique to our country to build a single  nation of all Communities.

 That works only if every one works together with that objective in mind.  We should do what is necessary, because it is necessary for our country and its people , and not because of the fear  of being interfered in to by the Western Nations accusing us for not doing things that they want us to do.

 It is essential that the Judiciary, the Executive and the Legislature  remain separated and the Judiciary is independent.  But that independence of the Judiciary should not be to go against the Executive and the Legislature, but to work together to build our Nation that had been denied that independence of taking decision and  developing the country in our own way, since its independence.

 The countries of the  West are decadent, they accuse us for violation of human rights, they accuse us for elimination of terrorism, they accuse us for developing our country the way we want, they accuse us because we make new friends, they accuse us because we establish diplomatic relations with countries they do not like. 

 The West only accuses us as they have their own agenda of keeping the developing nations poor and dependent on them.  The West accuses us because they want to remain the only leader of the world.  The West  accuses us because they think our relation with China, Russia, Iran, Korea etc, will be detrimental to their own leadership in the world, and that our strategic position in the Indian Ocean will be used by our friendly nations to keep the West in check.

 America says, “The United States, along with our partners in the international community, continue to urge the Government of Sri Lanka to uphold the rule of law and respect the principles of democratic governance.”

 And  Britain says, ” it is committed to  support the concept of responsibility to protect, which was supported by all UN member states in 2005.”

 They may pass another resolution against us at the UNHRC in Geneva. They are working for their own benefit, with their own Agenda. We are a Nation Marching forward.  We want a different democracy from that  which is professed by the West offering their dreaded R2P, which they offered with success to Libya not so long ago. The West wants to offer their protection sending  if possible drones and NATO Air Forces !!!

 The West  which proposes their democracy for others, is utterly undemocratic  towards developing nations.  They want to change regimes to put in place puppet governments which could be manipulated and held under their pseudo  Chritian Democratic norms.

 We can be a great Nation, the President Mahinda Rajapakse and the Defence Secretary Gotabhaya Rajapakse have  gone a long way forward in developing Sri Lanka.  All politicians of the opposition should get together  with the government in it development projects. 

 The Government Ministers and Government Members of Parliament should be honest and should not  leave room to be accused for corruption an malpractices.  If they get Commissions from development projects, and purchases  made abroad such commissions should be declared and use them for development purposes.

 The Lawyers, judges, University Professors, Teachers, Students, Trade Unionists and politicians should be aware of the necessity to be independent of the West yet have good relations with the  West without being their acolytes. 

 The Judges, Lawyers, University Professors, Teachers, Doctors, Public Servants, Private Companies, Institutions,  Students, Trade Unionists and Politicians should understand the necessity to be united  for the common good of the country and its people.

 We all want Sri Lanka to be   a  developed country and a prosperous Nation with its people living in peace and harmony with each other.   

16 Responses to “Another Chief Justice for Sri Lanka”

  1. Lorenzo Says:

    “I have heard that the Supreme Court Judge Shirani Thilekawardena had in a such a serious case of a FR application gave the plaintiff a lesson on morality, advised him to live in harmony with the other communities and asked him to withdraw the FR application.”

    This is true. Fathima Shirani Thilekawardena is a Muslim. She gave this STUPID judgement in the TNA case filed by SJP.

    The TRAGEDY of the SC is 6 out of 11 SC judges are from minorities. Only 5 are Sinhalese, a minority. This is DISCRIMINATION.

    Mohan Pieris is the next CJ.

    Sack Sri Skandarah too.
    At least 8 out of 11 MUST be Sinhalese.

  2. Ratanapala Says:

    Justice Thilakawardhana , it is understood is a Born Again Christian. Born again Christians are a virulent form of Christianity and are extremely self righteous. President already made the wrong choice in selecting Shirani Bandaranayake as the Chief Justice and the whole country had to go through the imbroglio of having to impeach her in the end. She had been an avowed devolutionist and finally her real colours came through with the Divi Neguma Bill. In the same way when the right time comes Justice Thilakawardhana or any other Christian candidate, too will be tapped to do his of her bidding by the puppet masters who carry on the imperialist show from behind. Sri Lankan nation cannot afford the luxury of having to go through exercises of impeachment again.

    It is rumoured that the former President Chandrika Kumaranatunge and Madame Premadasa too are Born Again Christians! The Bar Association is riddled with Christians and hold immense power in handling the affairs of this powerful body.

    The ultimate aim of Christian Church in SriLanka is to make a Christian nation out of Sri Lanka and their interim goal is to dismember Sri Lanka to pave way for this ulterior goal. It must be noted without further ado that the Christian Church in its various manifestations is an appendage of the Christian West Imperialist countries and their individual agendas dovetail into each other perfectly. Heavens forbid if the 13th Amendment becomes reality and devolution of Power the Provinces take place, it will not be long before Western and North Western Province too will become alienated as Christian Provinces!

    Time and again this majority Buddhist nation had trusted Christians and closet Christians as our leaders and come to regret and grief through those decisions. Throughout the 30 years of Tamil Tiger war against Sri Lanka, there was not a single Christian organisation that supported the war against the Terrorists. All they did is calling the war un-winnable and help prolong the war. Elsewhere while their churches abroad collected funds for the Terrorists and found political patronage to support the Terrorist efforts to dismember Sri Lanka.

    Therefore it is of utmost importance for the President to make the correct choice in appointing the correct person for the next Chief Justice position. In short we need a patriot of unimpeachable character for this job. This job is better done in consultation with Defence Secretary and other patriotic organizations of Sri Lanka. It need not be done in a hurry but the correct choice is of paramount importance. If need be an Acting person may be appointed until such time a proper appointment is made.

  3. sena Says:

    Irrespective of the validity of this case and who is right and who is wrong, it exposes a damning reality – collusion of politicians, high ranking officials and the educated in engaging mass corruption and mis- or ill- management to suit their self interests while honoring a code of silence and partiality. CJ was investigated only b’s she broke this code. The purported development the author is describing or predicting will never materialized under this corrupt system put in place by the politicians and the educated who on the contrary should be guiding the country to a knowledge based economy with integrity as a pay back for the sacrifices of rural and blue collar workers who are carrying the economy and also made most of the sacrifices in winning over terrorism. Because of the selfish and traitorous attitude of the politicians and the educated, the wishes of the separatists which were defeated by sacrificing 25 thousand lives of mostly poor and rural people, will be realized by other means. It is a tragedy that the public, who are undergoing immense hardships working in and out of the country to carry the economy, tolerate these ridiculous state of affairs without a meek of a protest or demand for righteousness and productive contribution from politicians and professionals who are splurging on their productivity

  4. Lorenzo Says:

    Great minds think alike. Didn’t humble Lorenzo say this?

    “The need of the hour is to introduce a new Constitution to suit the country, Speaker Chamal Rajapaska said on Saturday in Galle. He said that the recent crisis was a clear indication of that need.

    “The Legislature and the Judiciary are both intended to solve problems. The two institutions should join hands and serve the people without creating disputes. The recent crisis was a clear indication of the need to change the Constitution in the interest of the people. Constitutional issues should not be allowed to retard the country’s development,” he said”

    – dailymirror.lk

    Govt. should ESCALATE the constitutional crisis MORE and MORE. Bring it to a level the entire 3 pillars will be at a standstill.

    SB has included her name in court cases on 17 and 20 January already. Looks like she plans to stay on.

    Then move to introduce a NEW constitution.

  5. nilwala Says:

    The President will have to keep the best interests of the nation and its security in mind. We are still struggling with the aftermath of the Eelam War, and there is no indication that the TNA is willing to consider any step back from its stance at Vaddukoddai. If the Opposition, and the UNP in particular had been wiser, they would NOT have taken the belligerently hostile position against the Legislature, by siding with the aggressive Bar and other CJ supporters, especially after they themselves had been most critical of the CJ, and indeed had initiated the talk of impeachment.

    Clear OVERREACH by the Justices has NOT left room for a Chief Justice having a “multiculturalism” bent to be appointed.
    This Impeachment has served as an eye-opener to the public regarding usurping of the Legislative power by Judicial power, and how the latter could seriously destabilize the country through rulings to support an inimical agenda.

  6. Muhandiram Says:

    To Lorenzo,(parangiya)

    Bandaranayake was born in April 1958 in Kurunegala.[5][6] She was the daughter of Flora and Wilson Bandaranayake,

    Both Flora and Wilson are Parangi(Crusader descent)descent,not Muslims.as you do they too behind creating chaos in Sri lanka,and systematically create an Island with Christian majority.(Chelva,Banda,Dudly,Richard,Richard Premadasa etc. and all previous CJ’s are Crusaders).70% Buddhists are betray by those Crusaders,through racist politics.Time has come to dead end.

  7. Muhandiram Says:

    Actual Christian population of Sri Lanka is 21%(see the web sites of Holly sees prediction-2025 Sri lanka will image as one and only Christian nation of South Asia),Millions of Sri lankans are identify them as Buddhists,while they are practicing Catholism.danger is not by muslims,but with whom already killed 300000 people since independence.as Lingamandy says Sinhalaya at deep sleep(only happy in dream,when crusaders are showing artificial danger in dream).

  8. Muhandiram Says:

    Most of the non-christian countries are ruling by crusaders,even many Muslim/Arab countries.(most of the first ladies of non-Christian countries are Christians).all previous colonies of UK’s are ruling by crusaders,still those country native people are at dictators hand.

  9. Muhandiram Says:

    while looking at those Monks protesting for each and evrything,I feel sorry.that they are so week at the hand of crusaders.

  10. lingamAndy Says:

    Charles.S.Perera
    Sri Lanka is a new Democracy other ward for our Bhuddist Sinhala dictataship !!!
    We Tamil living in Sri lanka never ever loyal to Sinhala lanka !!! soon or later We will start our Eelam war V ! to achive our objective !
    this time our goal changed !!! end of War
    1.60m Now = 1.0 left the contry +0.60m killed !

    so Naalai pirakkum Thamil Eelam !!!

  11. Lorenzo Says:

    EXECELLENET work by Bodu Bala Sena to prevent Hack-Him’s Wahabi supporter rats from entering law college.

  12. Nimal Says:

    Who cares about what these crooked and heartless lawyers say? They were not elected by the people to serve the people but they are there to serve themselves in the process they suck the blood of the innocent clients. Get involved in a court case and find out to ones self.Parliment is supreme and so does the President and that can be elected or sacked by the people. I hope the elected representatives do their job sorting out the country’s nagging problems. First of all they themselves must clean their act before finger pointing.Govt must get rid of the thugs among them and politicians of good intent get involved with the ELECTED GOVERNMENT and work positively to wards the welfare of the country. Faults and ills of the nation is endless and multiplying daily but all the opposition is trying to do is to topple the government in power and run the country the same way, perhaps worse for personal benefit and for the benefit of their cronies and bugger the people who put them there. Hospitals have no medicines, run without a care, civil service is corrupt ineffective and utterly slow. Cops are harassing people, try drive on the road and one is stopped several times. Colombo to Chi law we were stopped 7 times, wasting our time. People drive dangerously on roads and these cops should go in unmarked cars with video cameras and prosecute them. Courts are corrupt taking ages to settle a case and the judges are ignoring the proceedings thus wasting much state money and that of the people. It has been carrying the colonial habit of transferring people without showing no care to the family life where one’s house in one place with growing up children and the two parents(if both working) in two different places thus incurring thrice the normal expense. None of these crooked regimes that come to power ever solves these problems. All they want to do is get foreign loans, pilfer some of it and stash it abroad; this is true in all south east asian countries and Africa. Stealing pitilessly from the country colossal amounts is the norm but they meet their justice in this world and definitely in hell where they have a special place. They hoodwink us by going to churches, temples and kovils to mask their hypocrisy Creator had shown the humble suffering people where these crooks have died in a gruesome way where their body parts like torn intestines, kidneys, and brain parts are shattered on the roads in a horrible display of their gruesome end. What I say to people in authority do ones job with true sincerity but not be motivated by greed, envy jealousy and selfishness which were the true precepts of Buddha that was revealed to us by a Tibetan Monk

  13. Nimal Says:

    Linkam..
    Want to start another Elam war.Having a laugh? Just try it.

  14. lingamAndy Says:

    Nimal
    Want to start another Elam war.Having a laugh? Just try it.-Please do not forget last 33 years how you were living in VP time !
    Eelam War V – alreay started first batch landed in Valveddi Thurai !!! Sooon Ellanan Padai will show Vaana Veddikkai (sky fire work )!!!

  15. Nimal Says:

    Lingam
    Keep on dreaming.Sri Lanka is an island that can be defended easily.So keep on dreaming.When we get rid of corruption in our leaders then we can put in a fool proof mechanism to stop infiltrations etc.I am sure India would be glad to help us,just as other Western powers who are now realizing your false claims,etc.So gravy train that so far helped TN people to use SL to claim refugee status will come to an end.Bogus refugees are stopped migrating out by the SL government and I am sure by foreign governments.So the days are numbered for this bogus separatist cause where you guys make money.Your guys did nothing for your people in Wanni other than bringing death and destruction and today they are flourishing.I ventured in to your so called liberated areas,but saw nothing but a ragtag outfit and I am surprised our forces took that long to rout them and destroy them.Your only brave or cowardly leaders hid in bunkers while forcing poor young to give their lives as suicide bombers and two such persons gave up their mission on the 5th of August 2005 at Katharagama,abandoned the jackets and join the mainstream.they realized that they were conned about the Sinhalese people but at the last moment the realized it was all a con when they saw Sinhalese,Tamils and Muslims trading and living together.That was the day that Kadiragamer and Charles Wijeratne(SSP) was killed and scores of others.Today the Tamils in SL can’t be fooled.They know that any hardship they face not because they are Tamils but the usual problems that all face.We have many of Tamils living and doing business in all over the island,especially in the south and IC is made aware of this and now they know,especially the enforcement people who are very much detached from the politicians.So my advise to you is keep out of communal politics as the new thinking is a separatist terrorist in another country is also a problem to them as well.See all the planes going out to finish the terrorists who want a another separate state in the Central African republic?World is changing and you people must change too so don’t let people from the agencies make a note of you and your contributions.This goes for our pseudo nationalists as well.There’s no room for these people as in this little world we are all in it together.This horrible recession is waking the western world to the true realities of all nations.It is to their well being that all nations prosper as one can’t sell coal in Newcastle.

  16. Lorenzo Says:

    SB in a statement says.

    “In the circumstances, in my country which is a democracy, where the rule of law is the underlying threshold upon which basic liberties exist, I still am the duly appointed legitimate Chief Justice.”

    Good.

    This Constitution is NOW DEFUNCT.

    2 CJs. One for the president and UPFA of parliament. And for some lawyers and people. Another one for UNP, JVP, TNA. Some other lawyers and people.

    SCRAP IT entirely.

    Introduce a new one.

    DON’T MISS THE OPPORTUNITY.

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