It Is Now A Matter Of Maintaining The Mandates Of Constitutional Legalities Relative To The Nation’s Justice System, and Its Highest Court Of Law Towards The Preservation Of Democracy And Justice!
Posted on January 15th, 2013

In Retrospect By Sarath Kumara

JanuaryƒÆ’-¡ƒ”š‚ 12th 2013

On the issue of Sri Lanka’s Administration led by the Executive PresidentƒÆ’-¡ƒ”š‚ the Hon.ƒÆ’-¡ƒ”š‚ Mahinda Rajapaksa relative to the impeachment of the Nation’s Chief Justice appointed selectively by Presidential decree most of the information appear to be speculative involving many hypotheses where the world at large is now responding with cries of foul playƒÆ’-¡ƒ”š‚ on the basisƒÆ’-¡ƒ”š‚ that it is not an issue portraying the misgivings and irregulartities of the Chief Justice but simply a means to assert the power of the Presidency and ƒÆ’-¡ƒ”š‚ Legislative Authority and at what cost ?ƒÆ’-¡ƒ”š‚ none other thanƒÆ’-¡ƒ”š‚ the credibility of the Constitution which appears to be in danger of being violated in the opinions of many learned intellectuals specializing in constitutional law.

That the Impeachment Motion has now ƒÆ’-¡ƒ”š‚ been passed by aƒÆ’-¡ƒ”š‚ two third majority and a Presidential letter of dismisssal issued to the Chief Justic may not have much to bear in the overall eventualities that may prevail as they have been deemed unconstitutional through the National Justice System and a defiant Chief Justice whoƒÆ’-¡ƒ”š‚ has refused to quit and appears very focussed towards remaining in her capacity, refusing to budge until perhaps the Supreme Court rules on it where there is a likelihood that she may be vindicatedƒÆ’-¡ƒ”š‚  towards her stance that she isƒÆ’-¡ƒ”š‚  not guilty of the accussations of corruption and irregular activities not in keeping with her high office as this amazing scenario unravels and countries like the USA, the UK, Canada as well as the Commonwealth have lodged in their dissentments in disagreement with what has transpired in Sri Lanka on the basis that it is uncocnstitutional as well as an affront to democracy although some analysts deem it meddling into the internal affairs of a Nation based upon an agenda unrelated to the legalities and corroborative, circumstantial evidence which the Government briefts have presented to bolster the decision.

Curiously, all opposition to the Presidential decision based on the passing of the motion of impeachment comes mostly fromƒÆ’-¡ƒ”š‚ law abiding, freedom loving citizens of the land and world powersƒÆ’-¡ƒ”š‚ who uphold the principles and ethics of democracy where manyƒÆ’-¡ƒ”š‚  concerned citizens around the worldƒÆ’-¡ƒ”š‚ are now showing anxietyƒÆ’-¡ƒ”š‚ that respect for the principle involving constitutionalityƒÆ’-¡ƒ”š‚ will undoubtedly be undermined,ƒÆ’-¡ƒ”š‚ and in their opinionƒÆ’-¡ƒ”š‚ the very fabric of society consequently would be endangered with the threat of disintegrationƒÆ’-¡ƒ”š‚ and the Nation could easily plunge into beingƒÆ’-¡ƒ”š‚ a lawless one if the trend being portrayed by many analysts who strongly uphold social justice as the foundation of a democratic society is a valid and accurate one.

If this is true,ƒÆ’-¡ƒ”š‚ the consensus then becomes a universal oneƒÆ’-¡ƒ”š‚ where the Supreme CourtƒÆ’-¡ƒ”š‚ and The Chief Justice deserve the respect demanded by the sanctity of the environment and the function they represent where if such disrespect is indeed a reality it also becomes a disrespect toward the Legislature of the Nation namely the .

Parliament. World ƒÆ’-¡ƒ”š‚ History tells us that societies that have not respected these principles ultimately pay a high price for that disrespect whereƒÆ’-¡ƒ”š‚  everything being reported in the media to this effect if trueƒÆ’-¡ƒ”š‚ could carry a high price with dire ramifications both nationally and internationally. Hopefully this will not be the case once the dust settles.

The ramifications of Governmental actions under condemnation by those who disagree with the current situation could prove detrimental to ƒÆ’-¡ƒ”š‚ the well being of the nation and ƒÆ’-¡ƒ”š‚ its peopleƒÆ’-¡ƒ”š‚ where an appeasing of world opinion could become all importantƒÆ’-¡ƒ”š‚ in a climate of much dissent and accusations against the present Administration and the law enforcement agenciesƒÆ’-¡ƒ”š‚ of the landƒÆ’-¡ƒ”š‚ at international levelƒÆ’-¡ƒ”š‚ where there is an ongoing debate about possibleƒÆ’-¡ƒ”š‚ censure based onƒÆ’-¡ƒ”š‚ investigationsƒÆ’-¡ƒ”š‚ relative toƒÆ’-¡ƒ”š‚ what goes on at AdministrativeƒÆ’-¡ƒ”š‚  as well asƒÆ’-¡ƒ”š‚ Law EnforcementƒÆ’-¡ƒ”š‚ level and whether or not continued assistance towards the development of the country would be justified if all the allegations levelled at the Rajapaksa Regime or a greater part thereofƒÆ’-¡ƒ”š‚  was indeed true. There is also the issue of accountability if there are criminalities involved and one only needs to look around to observe the rank testimonies towards this as the strong arm of the law appears to be flagrantly violated towards maintaining authority at times indiscriminatey and something which has to stop and the peaceful times in post insurgent Sri Lanka desperately in need of restoration!

In the opinion of the analysts refered to previously, it has beenƒÆ’-¡ƒ”š‚ thought that there is sufficient reason to conclude that quote ” The Mahinda Rajapaksa regime has resorted to the ugliest attacks in Sri Lankan judicial history on the Supreme Court and the Chief Justice by using the state media as a slander machine and through employing the state media to introduce deliberately manufactured slanderous letters to the parliament solely with the purpose of abusing parliamentary privilege for biased purposes. The government is purported to have within its ranks, schemers of the lowest quality who have little or noƒÆ’-¡ƒ”š‚ scruples in manufacturing any lie to suit their purpose and thereafter using others to introduce and propagate such lies in the highest legislative assembly of the country, namely Sri LankaƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s Parliament.

ItƒÆ’-¡ƒ”š‚ seems alsoƒÆ’-¡ƒ”š‚ evident now that people in the state media will defy every rule in journalistic ethics to do whatever the government demands. However the responsibility for such vile attacks lies entirely on President Rajapaksa himself for allowing such schemes to be carried out. Manufacturing a slander sheet is an easy affair. Whoever allowed such a slander sheet to be put before the countryƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s most august forum clearly showed a high degree of unscrupulousness and carelessness regarding every form of decorum and public etiquette that is generally required in the use of materials in the countyƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s Parliament. This is one of the worst act of irresponsibility that has defamed the Parliament itself and the very tradition of parliamentary debate anywhere in the world. Only fools and criminals would permit the abuse of parliamentary process in this manner.” end quote (of a recentƒÆ’-¡ƒ”š‚ UPI itemƒÆ’-¡ƒ”š‚ ) where these conclusions if provable and tangible to a fault present a very dangerous climate in Sri Lanka where the lives of decent human beings could easily be compromised and a reign of terror through suppression of the free individual will take precedence over the resplendency of the Nation the world knows and loves as Sri Lanka the resplendent Isle.

The question then becomes ~ƒÆ’-¡ƒ”š‚ as to what precisely is the role and importance accorded to criminal investigations in Sri Lanka? Has this role been usurped by hatchet men who write unscrupulous leaflets?” case in point being despite the petty natureƒÆ’-¡ƒ”š‚ of the various relatedƒÆ’-¡ƒ”š‚ accusations where serious criminal activity is alleged, does the Administration have any cause to get involved in what seems more of a domestic issue and if this is being used as a platform to intimidate the Chief Justice which some say are typical of a very chauvinistic trend within Sri Lanka which truly cannot be swept under tha carpet, the accusers and particularly those in officialdome could end up in the guise of a bunch of fools ! Thankfully these are mere written reports with no rock solid confirmation, to be parochial to the Administration which stands its ground!

The analysts have also scripted the following as part of their report,ƒÆ’-¡ƒ”š‚  most of it being plausible in a legitimate perspective unproven of courseƒÆ’-¡ƒ”š‚ ƒÆ’-¡ƒ”š‚ albeit allegedlyƒÆ’-¡ƒ”š‚ based onƒÆ’-¡ƒ”š‚ fact despite the speculative and hypotheticalƒÆ’-¡ƒ”š‚ aspectƒÆ’-¡ƒ”š‚ of certainsƒÆ’-¡ƒ”š‚ issues highlightedƒÆ’-¡ƒ”š‚ in theƒÆ’-¡ƒ”š‚ report and perhaps need to be assimilatedƒÆ’-¡ƒ”š‚ with an open mind ~ Quoting again : ” The Supreme Court of Sri Lanka was established on 1802. Up to this date there had never been such dastardly attacks on the Supreme Court or the Chief Justice. This marks perhaps the lowest point of Sri LankaƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s political culture when a government in power could abuse parliamentary privilege in this fashion. And it is worse when the GovernmentƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s slander machine is utilized to attack the Supreme Court and the Chief Justice.

The strategy behind the government action is very clear. The Secretary of the Judicial Service Commission in a press statement had complained that the public media is carrying on a campaign against the Judicial Service Commission and the independence of the judiciary. Then the government retaliates with a far worse abuse of public media in attacking the Supreme Court and the Chief Justice herself.

In doing this government resorts to the lowest forms of abuse by taking advantage of the vulnerability of the Chief Justice being a woman. This is one of the worst sexist attacks that we have seen in recent times and women movements in Sri Lanka together with every woman in Sri Lanka and anywhere else in the world should protest against this ugly abuse in regard to a woman holding a public office. Does this mean that every time that the government is unhappy with a woman holding public office, it will resort to this kind of dastardly tactic in order to humiliate and defame such a person? This is shameful Mr. Mahinda Rajapaksa. Very shameful.

In functional democracy, people would have demanded that the President himself and every one held who has participated in this shameful abuse of power, the abuse of parliamentary privilege and abuse of women should resign because they simply do not deserve to hold public office.

This episode only demonstrates the lowest depth that Sri Lanka has reached at this point of time. No nation can avoid dire consequences to its societal moral when the government at the highest level resorts to such a lowest level of mean and dastardly conduct.

If the people of Sri Lanka tolerate this level of immorality on the part of the government then they should blame themselves for all the societal ills that will rise from a situation such as the current crisis that the country is facing.
The greatest societal ill that will rise from this kind of abyss is the very high level of criminality in every aspect of social life. There will be loss of respect for anything called moral or ethical in a society like this. The children of such a nation will inherit a culture that is ugly and stinking.

There is anƒÆ’-¡ƒ”š‚ awareness thatƒÆ’-¡ƒ”š‚ also attests toƒÆ’-¡ƒ”š‚ many others against whom such gimmicks are being schemed. One such scheme is to attack the lawyers who appear for just causes and oppose the governmentƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s abuse of powers in court through the use of manufactured reports accusing them of all kinds of things, for example saying that they are being paid by drug lords. We are aware that there was an attempt to publish such a report in the governmentƒÆ’‚¢ƒ¢-¡‚¬ƒ¢-¾‚¢s mouth piece Daily News recently against aƒÆ’-¡ƒ”š‚ Mr. J C Weliamuna and another lawyer against whom the government does not agree with. It was because a particular news editor was a man who respects journalistic ethics that the report was not published. HoweverƒÆ’-¡ƒ”š‚  quiteƒÆ’-¡ƒ”š‚ possibly others who are willing to engage in any kind of abuse may be put in the editorial chair and publish such reports against those whom the government select to slander.” end quote.

While some of the accusations levelled at the Government are very serious there may be merit towards the Government pondering upon the message these analysts are sending to everyone concerned that in a free and democratic society ( if that is what Sri Lanka is today hopefully !!) it seems inconceivable that regardless of the objectives leaning towards dictatorship, autocracy and totalitarian control that the Administration is accused of, it is not something that could be realistically acheived in Sri Lanka or something the Administration would run the risk of pursuing. It is more than likely that sense and sensibility will prevail and the machining of this adminstration relative to its original composition will still be intact with particular impetus on the Supreme Court and the Chief Justice and the Government better off rescinding any ambits to the contrary. Namely a relenting of related policy perhaps.

And in this sense the concept of the rights of an Apellant seeking recourse based on the merits of Constitutional Legalities upheld by the Nation’s Justice System and its Highest Court of Law just might prevail towards the preservation of Democracy and Justice!

3 Responses to “It Is Now A Matter Of Maintaining The Mandates Of Constitutional Legalities Relative To The Nation’s Justice System, and Its Highest Court Of Law Towards The Preservation Of Democracy And Justice!”

  1. Kamal Says:

    1.”The Chief Justice buying a flat from Trillium while judging their cases. It is clear she understands this was wrong, inasmuch as she withdrew, immediately after the impeachment resolution, from that Bench.

    2, “The Chief Justice replacing the Bench hearing the Trillium cases with a Bench headed by herself.

    3. Referring to the high position given to the husband of Chief Justice, Mr. Kariyawasam, he said “no judge or spouse of a judge should be offered or accept office from government.

    4. “The Chief Justice was given a substantial discount on a purchase from Trillium when there was a Court Order enjoining that the highest possible price be obtained for these.

    5. “The Chief Justice did not submit a Declaration for 2001.

    6) “Concealment of funds by emptying accounts just before March 31st each year, as is alleged was done by the Chief Justice.

    7) “Accumulation of misleading statements as seems to have been the case with the Chief Justice.

    8). “The ‘moral conduct of an exceptional degree’ expected from a Chief Justice that the Committee believes is necessary was not forthcoming.” (Sunday Island — January 13, 2013)

  2. Sunil Mahattaya Says:

    If all these allegations carry the necessary proof admissable in a Court of Law the Administration would be accountable towards lack of responsibility to Impeach the CJ. The general consensus now seems to be that these are all provable where the world needs to be made aware of so that the bickering will stop over an issue which the GOSL has every right to pursue.

  3. Lorenzo Says:

    I agree with SM.

    Now the govt. has ALL THE TIME IN THE WORLD to prove SB guilty of all those crimes. DO IT!

    But as with SF, SB’s supporters have all deserted her. NOW THEY ARE IN-FIGHTING!!!

    Drunkards at the Aluthkade bar have now become rotten people!!
    Until Thai Pongal they were the sweetest darlings of SB.

    Raties have left the “STINKING” ship!!

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