PROBE ON FORMER CJ – SARATH SILVA, DELAYING JUSTICE IS DENYING JUSTICE
Posted on October 28th, 2011
By Stanley Perera-Melbourne
During his tenure as the Attorney General and Chief Justice Sarath Silva is well known to have used his powers excessively.ƒÆ’-¡ƒ”š‚ In that scenario many litigants as well as the judges he disliked were harassed and victimised severely.ƒÆ’-¡ƒ”š‚ The writer means severely and very viciously like a rabid dog.
Sarath Silva by passed Justice Mark Fernando and occupied the prestigious position in the judiciary as Chief Justice.ƒÆ’-¡ƒ”š‚ Thereafter until Justice Mark Fernando retired pre-maturely because of Sarath SilvaƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s harassments, Sarath Silva was determined to make Mark FernandoƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s life miserable to-gether with the litigants who received Mark FernandoƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s judgement orders.ƒÆ’-¡ƒ”š‚ One such case began from his time as Attorney General and went on until Sarath Silva retired from CJƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s position.ƒÆ’-¡ƒ”š‚ This litigant could not appeal against a court order as Sarath Silva occupied the CJƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s position.ƒÆ’-¡ƒ”š‚ This litigant could not appeal to the judiciary services commission as Sarath Silva occupied the chairmanƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s position.ƒÆ’-¡ƒ”š‚ Sarath Silva was waiting to deal with this litigant in framing charges against S.B.DissanayakeƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s case if he ever turned up in his court.ƒÆ’-¡ƒ”š‚ Until Sarath Silva retired the litigant never came before Sarath Silva.
ƒÆ’-¡ƒ”š‚ Sarath Silva became the most corrupt judge in the legal history of Sri Lanka.ƒÆ’-¡ƒ”š‚ A visiting UN delegate did go to the extent of calling Sarath Silva to step down from his position.ƒÆ’-¡ƒ”š‚ Ranil Wickremasinghe government made some unsuccessful attempts to impeach Sarath Silva.
Sarath SilvaƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s vindictive attitude was not only to the litigants, even to his own child and the ex-wife Manori de Silva is a bitter pill to him.ƒÆ’-¡ƒ”š‚ While he messed up his personal life he has left the countryƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s judiciary in a soup bringing disgrace to the entire judiciary of Sri Lanka by becoming the only sitting CJ in the world to face intimidation of impeachment proceedings.
Now that Sarath Silva is retired thinking he got off Scots free and nobody can do anything against him, the action by the 70 parliamentarians to probe Sarath Silva can be if successful and there is valid reasons to prove of his corruptions Sarath could lose his civil rights.ƒÆ’-¡ƒ”š‚ That could be the only punishment that the writer could think of apart from naming him as a paraya.
October 29th, 2011 at 1:27 am
“Be ye (you) ever so high, still the law is above you” – Thomas Fuller, a 17th century English churchman and historian
October 29th, 2011 at 5:53 am
It is not an edifying thing to see a former CJ being subject to a probe as suggested. But if he has in fact done wrong and others have suffered unfairly as a result of his actions, he should be treated as any other citizen. The position of CJ carries with it an extra responsibilty for the incumbent to be fair and impartial at all times; so, there is all the more reason, if wrong doing has occurred for that to be handled appropriately.
October 29th, 2011 at 1:10 pm
It’s not edifying to witness lawmakers, politicians, Ministers, judiciary, law enforcement officers applying one set of rules to them and a whole set of new rules to the citizens.
The Judiciary and the Highest Court of the Land has been politised to such an extent, the citizens, taxpayers have no faith in such institutions.
There have been many allegations against the former CJ. Lankans would welcome a probe into his misdemeanours and let the findings be made public.
I for one would love to know how the former CJ could not find any evidence of siphoning of funds from the “Helping Hambantota Fund”.
Shake, Rattle and Roll for the galleries.
But will MR take on the former CJ in the Courts who carries a lot of unwanted baggage?
Here’s wishing he does.