Upul Jayasuriya, President BASL abuses his position seeking information to discredit Sri Lanka.
Posted on August 22nd, 2013

By Charles.S.Perera

There was a news item in the Colombo Page on 20 August, 2013, that the President of the Sri Lanka  Bar Association Upul Jayasuriya plans to write directly to  the  Commonwealth Secretariat calling for transparency and to release two legal opinions sought by the Commonwealth Secretariat on the Impeachment of former Chief Justice Shiranie Bandaranayake which are reportedly withheld.

Upul Jayasuria appears to be taking the initiative to turn the Association of the Lawyers of Sri Lanka a Political Party.  It is not the role of the Bar Association to be concerned about  those members of the Bar who had been appointed to public  positions and whose services have been terminated for malpractices.

As Lawyers they  should know what the law is, and if they think that the law had been misused or misinterpreted they should know how  to deal with it without appealing outsiders to intervene.  It is a real shame for Upul Jayasuriya to abuse his position as the President of the Bar Association to take up the case of the impeached  Chief Justice, when a new Chief Justice has already been appointed .

A Bar Association as a professional body of lawyers is responsible for the regulation of the legal profession and dedicated service to  its members.  Bar Association has not the right to interfere when one of its members  has been charged for malpractices and  punitive procedures have been initiated.  It may provide the member necessary assistance to defend in the inquiry .

A Bar Association has to be loyal to the country, and should know what an Impeachment is and how it should be conducted.

In the case of the Impeachment of Shirani Bandaranayake the impeachment had been carried out according to accepted procedure and such acceptable procedures  according to the Constitution of Sri Lanka should not be vilified by calling for the opinion of foreign jurists.

A countries legal system and jurisprudence should  be developed by its own jurists, to make it an acceptable National Legal System.

It is not  the decisions or declarations by foreign  and International Jurists that should be sought to challenge the procedures followed in dealing with the members of the Judiciary by the Legislature.

Shirani Bandranayake being  a friend of Upul Jayasuriya is no reason for him to misuse his present position as the President of the Bar Association to appeal to the Secretariat of the Commonwealth, on behalf of her.  If  it is her desire to continue to  fight against her impeachment it is a matter for her to do on her own, even if she is a member of the Bar Association.

Law also demands certain politeness and respect, in that respect Upul Jayasuriya lacks social refinement or civilised behaviour.  He is using  the position that has been thrust upon him to abuse it to act in favour of an impeached Chief Justice,  completely overlooking the present incumbent. It is being disrespectful to the Chief Justice even if Upul Jayasuriya does not like him.

Apparently the information Upul Jayasuriya is demanding from the Secretary General of the Commonwealth is of a confidential nature which the Secretary General has already explained, and therefore it is  pretentious and  high handed on the part of  Upul Jayasuriy to  use his position as the President of BASL  to demand  an information which is not within his right to  demand when the matter has been declared confidential.

He appears to be playing into the hands of those who are working against Sri Lanka, and it is apparent from his choice of the time to call for the information when Sri Lanka is preparing to receive the Heads of the Commonwealth. Upul Jayasuriya’s  intention is no doubt  to damage further  the image of the government of Sri Lanka.

The same information had been requested by none other than the Canadian High Commissioner to the UK, and the SG of the Commonwealth had informed , ” “¦”¦.. that the there was a longstanding practice of successive Secretaries-General that communications in support of Good Offices engagements were privileged and it would be “injurious to the discretion, trust and ultimately the effectiveness of the Secretary-General’s Good Offices” if the sources and nature of privileged communications were revealed.”

Upul Jayasuriya knows this, and he also knows that the  so called independent legal opinions  had been given by South Africa and British Jurists whose intentions vis ƒÆ’†’  vis Sri Lanka is no secret.

Jayasuriya had stated, “We are stakeholders in this issue so whether the impeachment of Shirani Bandaranayake was wrong or right, we have every right to know,”.

Jayasuriya is stepping out side his position as the President of the Bar Association seeking the information when the SG of the Commonwealth had already explained why such information cannot be released.

Jayasuriya’s intentions are questionable, as having such information now  will serve no purpose other than to “throw mud ” at the Government of Sri Lanka.

What is important is the  decision Sri Lanka had taken on the Impeachment.  The opposition political parties were trying to make it an issue to make the Government unpopular, and Upul Jayasuriya seems to be going along with them.

The Bar Association of Sri Lanka should bring a vote of no confidence on Upul Jayasuriy and elect a person without political interest in his place.

Sri Lanka Lawyers should learn to respect Sri Lanka and defend it against those who seek to discredit the country.  They should show  the world that they are themselves capable of giving  acceptable legal opinions  without seeking the decision of foreign lawyers to serve their purposes.

Upul Jayasuriy should grow up to learn that the past is past and it is in the interest of the Country and their profession to understand that reality and look forward to different matters more useful to the country and their profession.

9 Responses to “Upul Jayasuriya, President BASL abuses his position seeking information to discredit Sri Lanka.”

  1. Marco Says:

    I believe the Bar Association has every right to have sight of the legal opinions as the Impeachment set a legal precedent in Sri Lanka never seen before.

    The Bar Association should be loyal to the LAWS of the Country.

    The author is presuming that the legal opinions were against the Impeachment when he states “as having such information now will serve no purpose other than to “throw mud “ at the Government of Sri Lanka.”

    Sri Lanka lawyers should learn to respect the Laws of Sri Lanka and defend it against those who seek to discredit the legal system of Sri Lanka

  2. Charles Says:

    Sharma gets reports on Shirani
    August 23, 2013

    Commonwealth Secretary-General Kamalesh Sharma has received a number of reports and opinions on the removal of the former Chief Justice Shirani Bandaranayake.
    The documents were received following a request made by the Commonwealth Secretariat, Director of Communications and Public Affairs at the Commonwealth Secretariat Richard Uku said.
    “It is Commonwealth Secretariat practice to ensure that the Secretary-General is as well informed as possible when determining the most effective way in which he can assist in politically sensitive situations,” he said.
    However he said communications which are provided in confidence to the Secretary-General are treated as internal documents and protected accordingly.

  3. Fran Diaz Says:

    Symptoms of Sri Lanka’s post Colonial tragedies continue to unfold. Colonists have left their colonised confused, the imported Laws made a mockery of, and life supportive values of indigenous people floundering.

    Here is a short write up of what happened in India during British Rule. Wither British Justice ?

    “THE BRITISH RULE WAS A CULTURAL AND ECONOMIC DISASTER FOR INDIA !

    THE INDUSTRIAL REVOLUTION WAS MOSTLY FINANCED BY THE EXPLOITATION OF COLONIES IN ASIA.

    THE QUESTION SHOULD BE: WHY DID THE BRITISH GO TO INDIA?

    TO HELP THE POOR INDIANS?
    OR
    TO MAKE PROFIT?

    EDUCATION, RAILWAYS ETC WERE BYPRODUCTS AND NOT INTENDED TO HELP INDIA…

    EDUCATION: TO RAISE A ENGLISH SPEAKING INDIAN GENERATION FOR ADMINISTRATIVE WORKS UNDER THE BRITISH OR CIVIL SERVANTS. AFRICA AND CHINA WERE BRITISH COLONIES TOO, NOW WHY DIDNT THEY PROFIT FROM ENGLISH AS INDIA DID!?!

    RAILWAYS: TO TRANSPORT GOOD EFFECTIVELY OUT OF INDIA.

    TO CALL THEM “POSITIVE EFFECTS” IS BASELESS AS LONG AS THERE ARE MUCH LONGER “NEGATIVE” LIST.

    BEFORE THE COLONIAL ERA INDIA WAS ONE OF THE MAJOR ECONOMIES IN THE WORLD.
    INDIA AND CHINA ACOUNTED FOR ABOUT 50% OF WORLDS GDP!
    (REMEMBER: COLUMBUS FOUND AMERICA IN SEARCH OF INDIA! MOTIVATED BY ITS RICHES… HENCE THE NATIVES WERE CALLED INDIANS!)

    WHEN THE BRITISH LEFT INDIA POVERTY WAS OVER 50%..NOW ITS DOWN BY ROUND 25%…

    FURTHER READ ON THE FAMINES DURING BRITISH RULE DUE TO MISGOVERNMENT, MASSACRE OF JALIAN WALA BAGH ETC… (JUST GOGGLE!)
    I HEAR THAT THE “MASSACRE OF JALIAN WALA BAGH” IS TO BE TAKE OUT OF BRITISH SCHOOL BOOKS…
    DURING THE COLONIAL ERA OVER 40 MILLION INDIANS LOST THEIR LIVES… AS MANY AS DURING WW2…

    THE CRIMES OF COLONIAL EXPLOITATION IS A DARK TRUTH IN HISTROY THAT WE SHOULD ACCEPT AND NOT IGNORE OR DENY.

    INDIA WOULDNT NEED ALL THOSE “AID” FROM ENGLAND OR OTHER NATIONS IF THE BRITISH WERE TO GIVE BACK THE RICHES THE STOLE IN INDIA DURING THE COLONIAL ERA… MAYBE START WITH THE KOHI-NOOR DIAMOND ON THE QUEENS CROWN!?!

    IN CHINA THEY ALMOST MADE THE NATION OPIUM ADDICTED!
    IN AFRICA THEY TOOK NATIVES AS SLAVES TO BRAZIL ETC!

    WHAT SORT OF HELP OR DEVELOPMENT ARE WE TALKING ABOUT?
    YEAH… EVERYTHING GREAT FOR THE QUEENS AND ENGLAND.

    TO KNOW WHAT THE BRITISH DID TO IRAN JUST GOOGLE “OPERATION AJAX”!!!

    THE BRITISH CAN SAY “WE DEVELOPED INDIA” TO SALVE THEIR CONSCIENCE BUT THAT WILL NEVER CHANGE THE HISTORIC FACTS…. ”

    ———-

  4. Marco Says:

    Lankaweb moderator, i assume the comment i made above which i will repeat again does not conform to your “guidelines”

    I believe the Bar Association has every right to have sight of the legal opinions as the Impeachment set a legal precedent in Sri Lanka never seen before.

    The Bar Association should be loyal to the LAWS of the Country.

    The author is presuming that the legal opinions were against the Impeachment when he states “as having such information now will serve no purpose other than to “throw mud “ at the Government of Sri Lanka.”

    Sri Lanka lawyers should learn to respect the Laws of Sri Lanka and defend it against those who seek to discredit the legal system of Sri Lanka

  5. Mr. Bernard Wijeyasingha Says:

    There is a saying “Evil can succeed if good men do nothing”. The main reason Sri Lanka is being painted as a nation with no scruples is because those hell bent on doing so do not face an organized campaign meant for the same nations now being duped to see the other side of the coin.
    Sri Lanka won against separatism with a military victory. Now Sri Lanka needs to show her finesse that she can take on all the negative propaganda and win. Demand the UN of the documents that substantiate such outrageous claims including a committee that would finally determine how many innocent Tamils were killed.
    There is a Roman phrase by Marcus Tullius Cicero:”A nation can survive its fools and even the ambitious, but it cannot survive treasons from within. An enemy at the gates is less formidable, for he is known and carries his banner openly. But the traitor moves amongst those within the gates freely, his sly whispers rustling through all the alleys, heard in the very halls of the government itself. For the Traitor appears not as a traitor; he speaks in accents familiar to his victims and he wears their face and their arguments, he appeals to the baseness that lies deep in the heart of all men. He rots the soul of a nation, he works secretly and unknown in the night to undermine the pillars of the city (or nation). He infects the body politics so that it can no longer resist. A murderer is less to fear, the traitor is the plague”. This applies to the Tamil National Alliance and to Upul Jayasuriya.

  6. Ratanapala Says:

    Well said Bernard – that is a mouthful to all traitors of the Upul Jayasuriya kind. Sri Lanka’s issues should be settled within her borders either lawfully or unlawfully.

  7. Charles Says:

    Bravo Bernard.

    What does it matter, whether the legal opinions obtained by the Commonwealth Secretariat are favourable or unfavourable to the government ? The CJ has been impeached according to the correct procedure laid down in the Constitution , and a new CJ has been appointed. Now that procedure of impeachment of a CJ is jurisprudence of the legal system of Sri Lanka.

    Undoubtedly BASL President Upul Jayasuriya and his cronies are hoping those opinions are not favourable and would therefore be ideal material to bash the Government.

  8. Lorenzo Says:

    Micro aka Lacksiri F’do,

    Stop playing the victim card. Just like all terrorist groups. They ALWAYS play the victim card.

    Don’t think visitors to Lankaweb want to read your lousy PRO-LTTE comments. NONE of us want to read those nonsense.

    TRY to make an intelligent comment or shut the gap up.

  9. Lorenzo Says:

    This Jayasuriya IS A POLITICIAN from the UriNePee.

    He was REJECTED by the people!! Doesn’t that explain why he is ANTI PEOPLE?

    A Google search gives enough information on his SOUR GRAPES SYNDROME.

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