Author Archive for H. L. D. Mahindapala

Time to probe the INGOs and NGOs

Sunday, February 17th, 2013

H. L. D. Mahindapala At a recent meeting the Australian Foreign Minister, Bob Carr, delivered a blunt message to his diplomats : “We are running a foreign policy for a nation-state; not for a non-governmental organisation.” (The Australian –7/2/2013, p.12.) This is an out-and-out rejection of I/NGOs as overseers or interventionists in the domestic affairs [...]

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Parliament is right in rejecting Supreme Court judgment

Tuesday, February 5th, 2013

H. L. D. Mahindapala Now that the sound and fury of the brouhaha about the former Chief Justice Shirani Bandaranayake have subsided it is time look back and assess not only the triumph of the Legislature over the Judiciary but also why the legal pundits who backed the doomed caseƒÆ’-¡ failed, particularly inƒÆ’-¡ cooking up legal fictionsƒÆ’-¡ to [...]

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Shirani Bandaranayake, Ph. D — white lily or prawn-head?

Tuesday, January 15th, 2013

H. L. D. Mahindapala With each passing day the evidence pointing to the guilt of ex-Chief Justice, Dr. Shirani Bandaranayake, abusing the powers of her office and misbehaving has mounted to the point of removing all shreds of doubt. The most damning evidence against her has come from the most unexpected source. It has come [...]

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Suicidal politics of Hulftsdorp

Thursday, January 10th, 2013

H. L. D. Mahindapala When a senior judge of a superior court puts words into the mouth of an innocent man and sentences him toƒÆ’-¡ ƒÆ’-¡ aƒÆ’-¡ maximum period with the entire legal system looking the other way without raising a finger to save the innocent man, then it is time to ask whether the sovereign people can [...]

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Judgement denies Constitution;Parliament’s turn to correct it

Monday, January 7th, 2013

H.L.D.Mahindapala Parliament and the Supreme Court have produced two different findings, both claiming to be vested with the superior authority to overrule the other. Both are loaded with heavy political baggage. Both rely on arguable principles denying the legitimacy of the other. Both are competing for supremacy. This comment, however, is to explore the judgment [...]

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Black-coats can’t make Chief Justice lily white

Monday, December 31st, 2012

H. L. D. Mahindapala The raging public discourse on the charges levelled against the Chief Justice, Dr. Shirani Bandaranayake is wrapped mostly in legal, constitutional, political and moral principles. The legal luminaries who have defended her have studiously skipped the charges and focused essentially on issues like the legality of the Parliamentary Select Committee to [...]

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Judges expose systemic failure in corrupt judiciary

Friday, December 28th, 2012

H. L. D. Mahindapala The anecdotal evidence, revealingƒÆ’-¡ whatƒÆ’-¡ the judges areƒÆ’-¡ up to on the bench,ƒÆ’-¡ should have amused and, more importantly, shockedƒÆ’-¡ theƒÆ’-¡ Magistrates and District JudgesƒÆ’-¡ gatheredƒÆ’-¡ ƒÆ’-¡ at the Annual General Meeting of the Judicial Services Association, (JSA)ƒÆ’-¡ ƒÆ’-¡ held on December 22, 2012. For instance, Appeals Court Judge Justice A.W.A SalamƒÆ’-¡ ,ƒÆ’-¡ speaking on the theme of judgesƒÆ’-¡ ƒÆ’-¡ falling asleepƒÆ’-¡ on the bench whileƒÆ’-¡ cases are [...]

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Lawyers playing politics with the Constitution

Friday, December 21st, 2012

H. L. D. Mahindapala The central issue argued before the Supreme Court was to decide whether the Parliamentary Select Committee (PSC) has the judicial power to inquire into the allegations made against the Chief Justice, Shirani Bandaranayake, or not. The argument came down to question the right of parliamentarians to judge the judges. Tied to [...]

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Judge Weeramantry’s legal propositions condemn CJ Bandaranayake

Thursday, December 13th, 2012

H. L. D. Mahindapala Judge C. G. Weeramantry, the senior most retired judge in the country with 65 years of legal experience behind him, has come forward , out of the blue, to address the current crisis facing the Sri Lankan judiciary by issuing a general message on the subject. His message calling upon “every [...]

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CJ Bandaranayake HOISTED by her own PETARD

Monday, December 10th, 2012

H. L. D. MAHINDAPALA One of the arguments thrown in to defend the Chief Justice, Dr. Shirani Bandaranayake, claims that nowhere in the world does Parliament / legislature sits as accuser, judge, juror and executioner. It is argued that this is a violation of Baron de Montesquieu’s political theory of separation of power where the [...]

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How independent is the Judiciary?

Monday, December 3rd, 2012

H. L. D. Mahindapala ƒÆ’-¡ The following anecdotalƒÆ’-¡  evidence is narrated to test the independence of the judiciary that was supposed to exist before the current contest between Parliament and the Judiciary broke out. The ragingƒÆ’-¡  controversy is based on the claim that the Judiciary was independent and the appointment of a Parliamentary Select Committee to [...]

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Legislature cuts the Judiciary down to size

Friday, November 30th, 2012

H. L. D. Mahindapala Let’s face the reality as it is in our faces now. Both sides have taken their gloves off and are fighting with bare knuckles. The judiciary has takenƒÆ’-¡  its glove off and dropped all pretences of fighting for “the independence of the judiciary”. It is now fightingƒÆ’-¡ in Courts for the survival [...]

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Playing tennis in Hulftsdorp courts

Thursday, November 29th, 2012

H. L. D. Mahindapala ƒÆ’-¡ By its very nature impeachments rouse public passions to feverish pitches as seen in the cases of President Bill Clinton and President Ranasinghe Premadasa. One of the reasons is the high public profile of those impeached. Second, the process and the final decision, which are invariably politicized by both sides, intentionally [...]

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A question of justice

Thursday, November 22nd, 2012

H. L. D. Mahindapala To say thatƒÆ’-¡ the Chief Justice, Dr. Shirani Bandaranayake, is the central figure in the impeachment case is to state the obvious. It is her role that will be scrutinised minutely to test how well she has protected and maintained the independence of the judiciary to win the confidence of the public [...]

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Obama’s mini revolution

Saturday, November 17th, 2012

H. L. D. Mahindapala ƒÆ’-¡ After the gruelling, 6-billion presidential election, America is sitting in the afterglow of a comparatively quiet revolution which has happened with a narrow margin, leavingƒÆ’-¡ America divided into two growlingƒÆ’-¡ halves.ƒÆ’-¡ The import of the electionƒÆ’-¡ is yet to surface in full force.ƒÆ’-¡ Eventually when it makes its presence felt itƒÆ’-¡ will stand outƒÆ’-¡ as theƒÆ’-¡ reference point from [...]

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Chief Justice must go to save the judiciary

Thursday, November 8th, 2012

H. L. D. Mahindapala ƒÆ’-¡  In the current tensions facing all three arms of the state — the executive, the legislature, and the judiciary — there is one simple, time-tested adage that over-rides all the legal, political and moral principles that would come into play: “Caesar’s wife must be above suspicion.” The 14 charges levelled [...]

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Is Indian AI, with Indian Shetty, pushing for Indian intervention?

Wednesday, October 31st, 2012

H. L. D. Mahindapala Salil Shetty, an Indian national, was appointed as Secretary-General of Amnesty International, (AI) in June 2010. Under his watch AI’s alliances with the anti-Sri Lankan forces have been strengthened considerably. For instance, AI in Canada took a sum of $50,000 offered by the Canadian Tamil Congress (CTC) – an organisation described [...]

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Peace prizes for war-mongers, punitive threats for peace- makers

Sunday, October 21st, 2012

H. L. D, Mahindapala In the history of wars Sri Lanka alone stands out as the nation that is charged with the crime of restoring peace and democracy. Of course, as in any other war, peace came at a price. Restoring peace in a time of war inevitably cost lives. No peace has come out [...]

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Judging Sri Lanka through Western lenses

Saturday, October 13th, 2012

H. L. D. Mahindapala Emboldened by the back-door attack on the Sri Lanka led by US at the UNHRC in March – April this year theƒÆ’-¡ global network of the anti-Sri Lankan lobby has accelerated its offensive to increase international pressure hoping that they can get somewhere if they strikeƒÆ’-¡ now when the iron is hot.ƒÆ’-¡ This lobby [...]

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Decline and fall of Jaffna into Nandikadal Lagoon

Saturday, September 29th, 2012

H. L. D. Mahindapala ƒÆ’-¡ On January 30, 1908 Ponnambalam Arunachalam, M. A., Cantab, Ceylon Civil Service, Barrister-at-Law, Lincoln’s Inn, took the floor in the Legislative Council Chamber, the highest political institution of the day, to deliver a lecture on the Sketches of Ceylon History.ƒÆ’-¡ Governor Sir. Henry A. Blake, G. C. M. G., presided over this [...]

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“Insane fury” of Jaffna culture showed no mercy

Saturday, September 8th, 2012

H. L. D. Mahindapala Jaffna comes out of the pages of history as a mono-ethnic enclave that produced three of the most unacceptable political perversions: 1. leaders who were torturers and mass murderers, particularly of their own Tamil people; 2. Tamil terrorists banned by the international community and 3. pariahs as categorized by the Hindu [...]

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Open letter to M. A. Sumanthiram, TNA MP — II-What dignity did Tamils get from Sangkili to Prabhakaran?

Saturday, September 1st, 2012

H. L. D. Mahindapala Dear Mr. Sumanthiram, I am forwarding just this one last letter to you not because I expect a reply — you dodged me in Melbourne and also dodged my questionnaire sent to you as requested by you — butƒÆ’-¡ ƒÆ’-¡ for two other reasons. First, ifƒÆ’-¡ myths, fictions, concoctions and lies are not challenged [...]

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An open letter to M. A. Sumanthiram, TNA, MP-Is the Tamil leadership preparing for another war ?

Saturday, August 25th, 2012

H. L. D. Mahindapala Melbourne, Australia. Dear Mr. Sumanthiram, Without much ado let me get to the nub of the politicalƒÆ’-¡ formulas you are prescribing right now for the Jaffna Tamil people who are still struggling to recover from the misery caused by the Tamil leadership that passed the Vadukoddai Resolution of 1976 and dragged them [...]

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Continuing the series on WHAT HAPPENED IN THE HISTORY OF JAFFNA- No flowers bloomed in Jaffna culture

Saturday, August 11th, 2012

H. L. D. Mahindapala ƒÆ’-¡ Jaffna is a narrow spit of land sandwiched between two great cultures: the Dravidian culture of S. India toƒÆ’-¡ ƒÆ’-¡ its north and the Sinhala-Buddhist culture of the south. With the gathering of the Tamil migrants from S.ƒÆ’-¡ IndiaƒÆ’-¡ ƒÆ’-¡  in this strip since the 12 -13th centuries Jaffna became theƒÆ’-¡ acknowledged centre of Tamil culture [...]

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What happened in the history of Jaffna – A THOUSAND FLOWERS BLOOMED IN THE SINHALA-BUDDHIST CULTURE

Saturday, August 4th, 2012

H. L. D. Mahindapala Historians agree that there was noƒÆ’-¡ bitter division or explosiveƒÆ’-¡ violence between the Tamils of the north and the Sinhalese of the south until the constitutional changes introduced by the British in the early twenties and thirties led toƒÆ’-¡ the rise of communalism in the north, particularly with Sir. Ponnambalam Arunachalam leaving the broad,ƒÆ’-¡ multi-ethnic [...]

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Continuing the series on What Happened in the History of Jaffna – Blaming the Sinhalese for the “insane fury” of Jaffna

Sunday, July 29th, 2012

H. L. D. Mahindapala ƒÆ’-¡ A closer look into what happened in the history of Jaffna will reveal that dark, demonic and destructive forces presided over its hidden past. Tragically, these dark forces have not evaporated. They still cloud the skies of Jaffna casting long shadows ominously across its future. The ill-fated future of Jaffna was [...]

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Misguided Marxist midgets posing as theoretical giants

Saturday, July 21st, 2012

H. L. D. Mahindapala By and large, ideologues come with inseparable attachments of narrow blinkers, tinted glasses and, worst of all, thundering egos — all which obfuscate and limit their vision to see only the half-baked theories they breed in their deracinated, disoriented and disinherited minds. This applies mostly to Marxists like my fellow-columnists, Prof. [...]

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Who’s afraid of India and USA?

Wednesday, July 18th, 2012

H. L. D. Mahindapala I wish to begin by welcoming the initiative of the convenors of the National Organisations’ Conference aimed at focusing on the impending threat of imposing 13 + under Indian, American, NGO and the separatist lobbies, both in Sri Lanka and abroad. It is the latest front organised to combat the anti-Sri [...]

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Bull-headed arrogance of Vellahla politics and violence

Saturday, July 14th, 2012

Continuing the story of what happened in the history of Jaffna By H. L. D. Mahindapala Before proceeding any further it should be emphasized that the focus in these essays has been on the Vellahlas because no other factor or entity wielded the kind of power in northern — and subsequently in national — politics [...]

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Continuing the series on WHAT HAPPENED IN THE HISTORY OF JAFFNA -Who are the Vellahlas? Part 1

Saturday, July 7th, 2012

H. L. D. Mahindapala ƒÆ’-¡ Jaffna has a unique history:ƒÆ’-¡ from itsƒÆ’-¡ wombƒÆ’-¡ cameƒÆ’-¡ the first mass murderer (Sangkili) of Sri LankaƒÆ’-¡ and also the last (Prabhakaran). Sangkili killed 600 Catholics.ƒÆ’-¡ Prabhakaran repeated Sangkili’s example by killing 600 policemen who surrendered to the LTTE on the undertaking given by Anton Balasingham, the Chief Negotiator of LTTE, to the Foreign Minister, A. C. [...]

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