“We Dont Want any Money from Saudi Arabia Where my Daughter was Killed” States Rizana’s Mother Fareena Nafeek


By
D.B.S.Jeyaraj

Rizana Nafeek’s Mother and Two Sisters (file pic)

In a significant gesture that shamed many Sri Lankan Muslim politicians the mother of Rizana Nafeek has rejected any offer of direct or indirect aid from Saudi Arabia the country in which her eldest daughter Rizana was wrongfully beheaded on January 9th 2013.

Despite the impoverished circumstances of the family that suffered bereavement the mother Ms. Abdul Seyyadu Fareena Nafeek has spurned direct and indirect offers of financial assistance from Saudi Arabia or any Saudi Arabian national.
Continue reading ‘“We Dont Want any Money from Saudi Arabia Where my Daughter was Killed” States Rizana’s Mother Fareena Nafeek’ »

End of Constitutional Governance and Beginning of Unbridled, Authoritarian Presidential Rule

By Dr.Nihal Jayawickrama

In Libya, at the height of the 2011 revolution, it was said that Colonel Gadaffi did not believe rebel claims of captured territory. And, as Tripoli was being encircled, Gadaffi famously exclaimed to a BBC interviewer that “the people love me”.

The disinformation practised by the Libyan Government through the state controlled media was institutionalized to such an extent that even those in power, who concocted the lies, had begun to believe their own concoctions. When they saw the truth, it was too late for them. The rampaging mobs had ravaged their cities, and turned their palaces into rubble. I saw all of this both before and after.
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Can a Parliamentary Select Committee Process Bring About Solution to Ethnic Problem?

By
Gamini Weerakoon

Is a Parliamentary Select Committee, the magic bullet that was hailed as the weapon that would destroy the 55-year-old monstrous communal problem, a spent force now?

This magic bullet, it was claimed by Rajapaksa loyalists, would fell the monstrous communal problem that had beset the nation and repel the pressures brought on to provide a solution for a way out. The allegations of the Tamil Diaspora had gained ground among Western governments, and the Rajapaksa government had been stalling over on the 13th Amendment which India, who has been breathing down our neck for implementation.

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Govt Show of Force at Hulftsdorp Puts Justice to the Sword

On the Spot Report By Namini Wijedasa and Wasantha Ramanayake

The corridors of the Superior Courts building were oddly uncongested on Tuesday, the first day of work for the New Year.

Barbarians at the barricades: This was the pitiful scene that greeted the legal fraternity and media personnel in the vicinity of the Supreme Court in Hulftsdorp, the pinnacle of justice. Pix by Indika Handuwala

There should have been throngs of jovial lawyers, slapping one another on their backs, and asking how the holidays had been. But attendance was markedly low. Attorneys drifted through the passageways looking apprehensive. Some assembled in small clusters, discussed current affairs in muted tones.

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The “Blind,Deaf and Dumb” Minister of External Affairs is a Living Example of the Deplorable Limits of Seeming Intellect

By
Kishali Pinto Jayawardene

G.L. Peiris ~ Minister of External Affairs

With the dust uneasily settling over a legal community thuggishly coerced into fuming silence, an unjustly ousted Chief Justice Shirani Bandaranayake may yet be proud.
Continue reading ‘The “Blind,Deaf and Dumb” Minister of External Affairs is a Living Example of the Deplorable Limits of Seeming Intellect’ »

If Canada Succeeds in Edging out Sri Lanka Then Mauritius May Host 2013 Commonwealth Summit

By Sujeeva Nivunhella in London

Flags of Mauritius & Canada

With Canada planning to report Sri Lanka to the Commonwealth Ministerial Action Group (CMAG) following the impeachment of Chief Justice Shirani Bandaranayake, the chances of Colombo hosting the Commonwealth Heads Of Government Meeting (CHOGM) this year appears to hang in the balance, observers here warned last week.
Continue reading ‘If Canada Succeeds in Edging out Sri Lanka Then Mauritius May Host 2013 Commonwealth Summit’ »

Former Chief Justice was Given Dead Rope to Hang Herself by her Advisers Who Let her Down Badly After Promising her Much

By Gomin Dayasri

Never before did the choice of the candidate become so pivotal as when the present Chief Justice was appointed; reason – no previous Chief Justice was removed by impeachment.The bona fides of the removal are questionable if the selection of the successor is controversial.

Removal can be justified but intention may not be to cleanse the judiciary but rather to install a favorite son.
Continue reading ‘Former Chief Justice was Given Dead Rope to Hang Herself by her Advisers Who Let her Down Badly After Promising her Much’ »

There is a Chain of Events in Impeachment of Chief Justice Issue Which Cannot be Understood in Isolation

By
Prof.G.L.Peiris

Prof.G.L. Peiris

(Minister of External Affairs Professor G.L.Peiris made the following statement exclusively to the Sunday Island regarding the statements made by several foreign governments about the impeachment of the former CJ Shirani Bandaranayake. Professor Peiris stressed that the tenure of the previous chief justice has been brought to a closure following proceedings in accordance with the constitution and standing order 78A, a new CJ has taken office in an appointment made fairly and squarely within the four corners of the constitution, and that in his view the most important thing is to move on. He stated that to litigate to have the appointment of the new CJ struck down, is not a productive endeavour. What follows is the External Affairs minister’s statement which also responds to the issues raised by countries like the USA, Britain and Canada with regard to the impeachment.)

There are obvious gaps in the law as it now stands. When impeachment proceedings are instituted against a chief justice, the CJ simply carries on, performing all the functions of his or her office, including nominating benches.
Continue reading ‘There is a Chain of Events in Impeachment of Chief Justice Issue Which Cannot be Understood in Isolation’ »

Impeachment Drama Has Receded From Public Consciousness and Shirani Bandaranayake is Only a Distant Memory

By

C.A.Chandraprema

Even as we write this, the impeachment drama that gripped the country over the past few months has receded from the public consciousness. Shirani Bandaranayake is already only a distant memory. Last Thursday, as we walked out of the Rupavahini Corporation studio after a late night talk show on the aftermath of the impeachment, the main topic of conversation was the price of vegetables these days due to adverse weather conditions. And indeed the next day, the price of vegetables had replaced the impeachment as the main news item on the TV channels.

Continue reading ‘Impeachment Drama Has Receded From Public Consciousness and Shirani Bandaranayake is Only a Distant Memory’ »

Opposition is Clueless,Rudderless and Dis-spirited on the Politics of Impeachment

by N. Sathiya Moorthy

Protests by the Bar, posturing by political parties, condemnation by the civil society and constitutional possibilities notwithstanding, the judicial transition at the top, following the fast-tracked impeachment of the incumbent, has gone off incident-free thus far, reflecting the inherent resilience of the Sri Lankan nation and its people. Conversely, it could also be a reflection on perceptions of continued indifference by the masses to matters ethical and ethereal, and of the disconnect existing between these classes of people and the middle class urban elite.

The impeachment of Chief Justice Shirani Bandaranayake was followed by the swearing in of former Attorney-General Mohan Peiris in her place, without much break or let-up. In between, both President Mahinda Rajapaksa and the Parliamentary Council, empowered under the Eighteenth Amendment of the Constitution to clear high-level appointments, went through the motions of appointing and passing the nomination without hitch.

Continue reading ‘Opposition is Clueless,Rudderless and Dis-spirited on the Politics of Impeachment’ »

Ashraf Nagar: The Courageous Struggle of People against the Forcible Land Acquisition in Amparai District

A Statement by Women’s Action Network

Ashraf Nagar’s inhabitants can trace back their history to 1952 when it consisted of the following small villages -Aalim Nagar, Vilankadu, Kasangkeni, Muthiriyadiwattai, Pallak Kadu, Sinna Pallakkadu, Kattu Vattai, Ali Mudakadu and Aalim Chennai. Ashraf Nagar’s name was changed in the year 2006 to Oluvil first division and even though it consisted of Muslims, Sinhalese and Tamils the majority of inhabitants were Muslims. Around 156 Muslim families are said to have lived there around this period. By 1972 this number had increased to 272 families and to accommodate the growing need, a Jumma Mosque was established in Aalim Chennai.

Continue reading ‘Ashraf Nagar: The Courageous Struggle of People against the Forcible Land Acquisition in Amparai District’ »

“Cheenaavil Inba Ulaa” Book in Tamil Written by Chinese Author Debuts in Chennai Book Fair

By
Ananth Krishnan

For Zhao Jiang, who prefers to go by her Tamil name Kalaimakal, writing a book in Tamil would have seemed unthinkable when she first began learning what appeared to be an undecipherable script in a Chinese university classroom some 15 years ago.

Today, as a fluent Tamil-speaker and the director of the government-run China Radio International’s (CRI) Tamil station, which commands an impressive audience of more than 25,000 dedicated listeners in Tamil Nadu alone, Ms. Zhao has taken it upon herself to foster closer ties between China and southern India, a usually overlooked destination for Chinese travellers.
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Execution of Rizana Nafeek is a Serious Miscarriage of Islamic Justice

By
Dr. M.A.M.H. Barry (Attorney-at-Law)

The tragic and shocking news of execution of Rizana Nafeek sends shock- waves to all corners of the island. It gives a wrong picture to the people on the nature and the application of the Islamic law as many people are under the impression that the applicable law in Rizana’s case was derived from Undiluted Islamic Jurisprudence. In fact, Rizana’s verdict shows otherwise.

Islamic law is knitted together with “Justice”(Adl) which is considered as an attribute of Allah. In Islam there is no dichotomy between Justice and Law. The law is synonymous with justice and it is only Islamic jurisprudence which does not bifurcate law and justice. It implies that any law which is not just, is not a law. Islam stresses ‘Justice with Benevolence (Al-adl wa’l ihsān).
Continue reading ‘Execution of Rizana Nafeek is a Serious Miscarriage of Islamic Justice’ »

The Beheading of Rizana Nafeek in Saudi Arabia and the Beheading of “Our Lady of Justice”in Sri Lanka


By
Mike Andree

January 08, 2013 was one of the most fateful days in the history of the judiciary in this country. Over 3,200 lawyers, who assembled for a general meeting of the entire membership of the Bar Association, resolved not to accept the impeachment motion. Never in its history has the Bar been more united, without any force or coercion, against government machinery which was unleashed to stifle the meeting. An Independent Judiciary and not a kept judiciary, is the sine qua non of a vibrant democracy and a free society. The right to genuinely pursue happiness is one of the core values of democracy. Though there may be those who have reservations that the means and the manner by which a country seeks protect its people from foreign intrusion and ensure their right to pursue happiness, could cause unhappiness to other states, everyone cherishes the goal to be free. An independent judiciary is the corner stone of a people’s freedom and happiness.

Therefore, anyone who strives to suppress independent judges and have in their place puppets will soon find themselves facing grave danger as such puppet judges will some day become puppets of another regime.

Continue reading ‘The Beheading of Rizana Nafeek in Saudi Arabia and the Beheading of “Our Lady of Justice”in Sri Lanka’ »

Senior Lawyers Romesh de Silva PC, Jayampathi Wickremarathna PC, MA Sumanthiran MP and JC Weliamuna Receive Threatening Letters

By Asian Human Rights Commission

Romesh de Silva PC is one of the topmost lawyers in Sri Lanka, a former president of the Bar Association of Sri Lanka.

He led the legal team which represented Dr. Shirani Bandaranayaka (CJ) in all forums during the impeachment saga. Jayampathi Wickremarathna PC, who was formerly the senior consultant in the Constitutional Affairs Ministry is a well known constitutional lawyer and submitted a petition to the Court of Appeal opposing the impeachment, MA Sumanthiran is an MP from the Tamil National Alliance (TNA), and an active member of the legal team which represented the CJ.

Continue reading ‘Senior Lawyers Romesh de Silva PC, Jayampathi Wickremarathna PC, MA Sumanthiran MP and JC Weliamuna Receive Threatening Letters’ »

Intimidation Campaign Begins to Prevent Lawyers from Objecting to Legitimacy of new Chief Justice Mohan Peiris

By Asian Human Rights Commission

With the law, the legal institutions and the courts diminishing in value secret agencies are surfacing quite openly once again. The presence of the military and the police the night before Mohan Peiris was sworn in as chief justice and also during the day itself and the ferocious manner in which the Chief Justice, Dr. Shirani Bandaranayake, was escorted out of her official residence are images that were designed to terrorise the lawyers and citizens who were anxious and bewildered by what is taking place.
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Ruling Regime is no Longer Interested in Hiding its Autocratic Face

By
Mangala Samaraweera M.P.

Mangala Samaraweera M.P.

All right thinking people of Sri Lanka unequivocally and unreservedly condemn the purported appointment by President Mahinda Rajapaksa of Mr. Mohan Peiris as the Chief Justice of Sri Lanka. This utterly irresponsible act of the President is in defiance of the judgments of the Supreme Court and the Court of Appeal.

It is the position of all those in Sri Lanka who believe in democracy and the rule of law that Dr. Shirani Bandaranayake is, and continues to be, the lawful Chief Justice of the Democratic Socialist Republic of Sri Lanka.
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UN Human Rights Commissioner Navi Pillay deeply Concerned Over Impeachment and Removal of Chief Justice in Sri Lanka

The UN High Commissioner for Human Rights Navi Pillay is deeply concerned that the impeachment and removal of Sri Lanka’s Chief Justice has further eroded the rule of law in the country and could also set back efforts for accountability and reconciliation.

Navi Pillay ( left ) United Nations High Commissioner for Human Rights with Laura Dupuy Lasserre ( right ) President of the Human Rights Council during Human Rights Day Event. 10 December 2012. Photo by Jean-Marc Ferré

The removal of the Chief Justice through a flawed process — which has been deemed unconstitutional by the highest courts of the land — is, in the High Commissioner’s view, gross interference in the independence of the judiciary and a calamitous setback for the rule of law in Sri Lanka.
Continue reading ‘UN Human Rights Commissioner Navi Pillay deeply Concerned Over Impeachment and Removal of Chief Justice in Sri Lanka’ »

Lawyers who Flew Black Flags and Blew out Candles will have few Supporters in Villages-The Economist

His foes accuse Mahinda Rajapaksa of many sins during his seven years as Sri Lanka’s president. They blame him for the savagery that cost so many civilian lives as his army defeated the rebel Tamil Tigers in 2009. They bridle at how he has carved up the government among his brothers, like a thriving family-run conglomerate.

They resent the amendment of the constitution pushed through in 2010 to remove the limit on his tenure of two six-year terms, and to give himself legal immunity and the final say in appointments to the civil service, the judiciary and the police. And they suspect his regime of connivance in the beatings, disappearances and murders that have been used to intimidate critics in the press and elsewhere.

Continue reading ‘Lawyers who Flew Black Flags and Blew out Candles will have few Supporters in Villages-The Economist’ »

Fr. Tissa Balasuriya: An Inspiring Confluence of Society and Religion

Rev. Fr. Tissa Balasuriya OMI ~ (b: Aug 29, 1924 – January 17, 2013) – pic by: Dushiyanthini Kanagasabapathipillai

By Ajith Samaranayka

(This Article written by the Late Ajith Samaranayake in the “Sunday Observer” of August 30th 2004 on the occasion of Fr.Tissa Balasuriya’s 80th Birthday is reproduced here as tribute to the memory of Fr. Tissa Balasuriya who passed away on 16th January 2013.)

Fr. Tissa Balasuriya is 80 years old today and if that suggests the image of an elder statesman, that is not quite in keeping with the central motif which has dominated most of his life.

Continue reading ‘Fr. Tissa Balasuriya: An Inspiring Confluence of Society and Religion’ »

Is Saudi Claim of Beheading Rizana Nafeek in Strict Accordance with the Sharia Correct?

By Izeth Hussain

It seems to be a widespread notion that however tragic and horrifying Rizana Nafeek’s fate might be, we cannot in the last resort object to the Saudis having their own laws and applying them in the manner they think fit.

That view seems sound on the principle of non-interference in the internal affairs of states. But it carries a large assumption. It is that the Saudi manner of applying its laws will be consistent with internationally accepted standards. No one has any business to assume anything of the sort considering Saudi Arabia’s horrendous record in human rights.
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Unless Impeachment of Chief Justice is Reversed Commonwealth Should Not Have 2013 Summit In Sri Lanka

By International Crisis Group

The impeachment of the Sri Lankan Chief Justice, Shirani Bandaranayake is possibly a watershed moment in Sri Lankan law and politics. President Rajapaksa’s 13 January decision to ratify the impeachment decided two days earlier by a parliament controlled by his ruling United People’s Freedom Alliance is the latest step in the gradual but systematic dismantling of the rule of law.

The move, in violation of the Sri Lankan constitution and basic principles of due process and in disregard of rulings by the Supreme Court and Court of Appeal, leaves Sri Lanka’s already battered democracy on life-support.
Continue reading ‘Unless Impeachment of Chief Justice is Reversed Commonwealth Should Not Have 2013 Summit In Sri Lanka’ »

President Rajapaksa Placing his Own and his regime’s Interests Over That of the Country and Its Institutions

(Text of an Editorial Appearing in “The Hindu”of January 16th 2013)

Sri Lanka’s democratic institutions are in ferment once again. The impeachment of Chief Justice Shirani Bandaranayake and her quick replacement with former Attorney General Mohan Peiris come as an unsavoury climax to an unedifying standoff between the judiciary on the one hand and the legislature and executive on the other.

Continue reading ‘President Rajapaksa Placing his Own and his regime’s Interests Over That of the Country and Its Institutions’ »

Mahinda Rajapaksa -Sri Lanka’s emerging strongman

(Text of editorial Appearing in Wall street Journal of January 16th 2013)

While Pakistan’s judges try to oust their elected leaders, elsewhere in South Asia an elected leader is busy ousting judges. We’re talking about Sri Lanka, where President Mahinda Rajapaksa sacked the country’s Chief Justice over the weekend.
Continue reading ‘Mahinda Rajapaksa -Sri Lanka’s emerging strongman’ »

From a Shameless Impeachment to a Shameless Chief In-justice

by Tisaranee Gunasekara

“Hitler seemed intent, in fact, on delivering these blows completely in the open so as to leave a deep and abiding impression, as if proclaiming from the rooftops his immutable will….”
Joachim Fest (Plotting Hitler’s Death)

The end was preordained. The quintessentially Rajapaksa-impeachment produced a quintessentially Rajapaksa Chief In-justice. Mohan Peiris, the trusted acolyte of Gotabhaya Rajapaksa, the man who lied to the world on behalf of his political masters, is the ideal choice to head the Rajapaksa judiciary, given the critical absence of a Rajapaksa Sibling, Son or Nephew capable of holding that fort.
Continue reading ‘From a Shameless Impeachment to a Shameless Chief In-justice’ »

Former JVP MP Lodges Complaint Alleging Corruption Charges Against New Chief Justice with CIABOC

By Ishara Rathnakara

An organization called, Voice Against Corruption (VAC), lodged a complaint with the Commission to Investigate Allegations of Bribery or Corruption(CIABOC), against the newly-appointed Chief Justice Mohan Peiris, alleging that he had committed a fraudulent act in 2008.

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Senior Lawyer SL Gunasekara Will Not Appear in Courts Before Chief Justice Mohan Peiris

Senior lawyer, S.L. Gunasekera, has written to his clients yesterday informing them that he will not appear in cases before Chief Justice, Mohan Peiris.

S.L. Gunasekera

He had asked them to get the service of another lawyer, who is willing to appear before the new CJ.
Continue reading ‘Senior Lawyer SL Gunasekara Will Not Appear in Courts Before Chief Justice Mohan Peiris’ »

Mohan Peiris: A Chief Justice Of the President, By the President and For the President

by “Shades of Grey” Column in “Ceylon Today”

The tug o’ war between the Parliament and Executive climaxed and reached the predicted end on Tuesday, with the appointment of Mohan Peiris as Sri Lanka’s 44th Chief Justice.

Peiris counts, among his somewhat dangerous credentials, a close affiliation with the incumbent government – specially in his capacity as legal advisor to President Mahinda Rajapaksa and the Cabinet of Ministers, in addition to his role as official government apologist during the crucial United Nations Human Rights Committee (UNHRC) sessions in Geneva last year.

He was also the chosen man to head the Attorney General’s Department during a crucial period of time, 2009-2011 with human rights abuses and cases involving politicians were piling up at the Department.

Continue reading ‘Mohan Peiris: A Chief Justice Of the President, By the President and For the President’ »

Mohan Peiris as Attorney-General “Withdrew” Murder Charges Against Ex-MP Chandana Kathriarachchi and Rape charges Against Duminda Silva MP


By

Sathy Liyanasuriya

Mohan Peiris, appointed as the country’s new Chief Justice on Tuesday, is the latest actor to enter the impeachment drama. As the spotlight shifts from impeached Chief Justice Shirani Bandaranayake, his will be the most controversial selection to this high office.

Peiris’s appointment follows weeks of uncertainty and bitter legal battles between the executive and the legislature on the one hand and the judiciary and the legal profession on the other. The country’s opposition, barring the Janatha Vimukthi Peramuna, played only a marginal role in this conflict.

It is not that Mohan Peiris does not have the credentials to be appointed Chief Justice that renders his appointment contentious. Rather, it is the circumstances in which his predecessor Chief Justice Bandaranayake was ousted which has led to aspersions being cast on Peiris’s elevation.

Continue reading ‘Mohan Peiris as Attorney-General “Withdrew” Murder Charges Against Ex-MP Chandana Kathriarachchi and Rape charges Against Duminda Silva MP’ »

Vehicles of Supreme and Appeal Court Judges Searched at Hulftsdorp Court Premises on a Directive from new Chief Justice?

By Zacki Jabbar

The legal and political fraternity condemned the search of Supreme and Appeal Court judges’ vehicles entering the apex court premises in Hulftsdorp yesterday.

Court sources told The Island that the cars of judges were searched by the Marshall. They said that the Marshall had the authority to check everyone entering the courts complex, but in the case of judges he could do so only on a directive from the Chief Justice.

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When Shirani Bandaranayake and Family Left Official Residence of CJ There was no Opposition to Protest or Bar Association to Extend Solidarity

BY
Dharisha Bastians

“The world will know that free men stood against a tyrant, that few stood against many, and before this battle was over, even a god-king can bleed.” – Leonidas, 300 (The movie)

On Friday, 11 January moments after Speaker of Parliament Chamal Rajapaksa announced the results of a vote on the impeachment motion against Chief Justice Shirani Bandaranayake, fireworks lit the night sky outside the Parliamentary Complex on the banks of the Diyawanna Oya where history had been made.
Continue reading ‘When Shirani Bandaranayake and Family Left Official Residence of CJ There was no Opposition to Protest or Bar Association to Extend Solidarity’ »

Impeachment of Philipines Chief Justice Corona and our Own Chief Justice Shirani Bandaranayake

By
Dr Reeza Hameed

The case involving the impeachment of Chief Justice Corona of Philippines has been cited in some places in support of parliament’s move to impeach our own Chief Justice. It was most recently invoked during the recently concluded impeachment debate in parliament when, speaking favour of the motion, our Minister of External Affairs said that the principle is that in respect of impeachment proceedings the responsibility is that of Parliament and not the Courts. He noted that when the Filipino CJ went to court, the Court had declined jurisdiction and said: “This is not a matter for us to get involved in because this belongs to the domain of the legislature”.

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‘Our Security is in your Hands. Look After the Three of us’-Shirani Bandaranayake Tells People Through Journalists

Impeached Chief Justice Shirani Bandaranayake left her official residence at Wijerama Mawatha yesterday, after Police wrestled media personnel out of the way in a bid to prevent her from making a statement to journalists during her departure.

Lawyers said the impeached Chief Justice had been informed by the Police that she would not be permitted to address media personnel from within the precincts of the official residence.
Continue reading ‘‘Our Security is in your Hands. Look After the Three of us’-Shirani Bandaranayake Tells People Through Journalists’ »

Police Prevent Departing Chief Justice Shirani Bandaranayake Addressing Media

By The Lawyers Collective

1. On 14th January, around 7 pm the Secretary to the President and DIG Anura Senanyaka required the Registrar of the Supreme Court to pack all belongings of the Chief Justice (Dr. Bandarayaka) and send the same to her residence. He had also been told that the new Chief Justice would arrive on the following day and everything must be cleared for him. In the night, on 14th January, a large number of Defence personnel had occupied the Superior Court Complex.
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Mahinda Wants a Chief Justice who is Willing to Manipulate and Violate the Law on Demand

By Dr.Vickramabahu Karunaratne

The Parliament ‘debated’ the PSC Report, an illegal document according to court decisions, on January 10 and 11. The MPs (with an artificial majority) of the government voted by a 2/3 rd majority to impeach the Chief Justice on the evening of January 11.

Accordingly, the President was able to ‘sack’ the CJ and appoint a ‘new CJ’ or an ‘Acting CJ’.
Continue reading ‘Mahinda Wants a Chief Justice who is Willing to Manipulate and Violate the Law on Demand’ »

New Chief Justice Mohan Peiris Says His Aim is to Uphold Rule of Law and Ensure Independence of the Judiciary

By Dharisha Bastians

Notwithstanding the outcry from the legal fraternity, international community, and Opposition political parties over the removal of Shirani Bandaranayake and the choice of her successor, President Mahinda Rajapaksa yesterday swore in Mohan Peiris as the new Chief Justice of the Republic.

Former Attorney General and legal advisor to the president being sworn in as the 44th Chief Justice of Sri Lanka – Jan 16, 2013 – pic: Infolanka

The Government described Peiris as the most suitable whilst good governance activists alleged the Executive and the Head of the Judiciary would act in collusion, endangering judicial independence and proper checks and balances.
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Govt has tremendous Responsibility to Stop Further Growth of Sinhala Extremism

By Kath Noble

The execution of migrant worker Rizana Nafeek in Saudi Arabia touched the hearts of people around the world.

That a girl of 17, left to care for a baby, in addition to being charged with the supervision of the other children of the household, plus the cooking and cleaning, should be punished – let alone beheaded – for what could well have been an accident, was appaling.
Continue reading ‘Govt has tremendous Responsibility to Stop Further Growth of Sinhala Extremism’ »

A constitutional Crisis of Two Chief Justices-Daily Mirror

(Text of Editorial Appearing in the “Daily Mirror”of January 16th 2013)

In the aftermath of Sri Lanka’s gravest constitutional, legal and political crises since independence, right-thinking people and especially judges and lawyers were wondering whether Sri Lanka could recover from a virtual death blow to the independence and dignity of the Judiciary amid speculation of Sri Lanka being suspended from the Commonwealth and facing other national and international repercussions.
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Appointment of Mohan Peiris as new Chief Justice Undermines Rule of Law and Accountability in Sri Lanka

by

International Commission of Jurists

The appointment of former Attorney General Mohan Peiris as Sri Lanka’s new Chief Justice raises serious concerns about the future of the Rule of Law and accountability in the country, the International Commission of Jurists(ICJ) said today.

Mohan Peiris has served in a variety of high-level legal posts in the past decade, always playing a key role in defending the conduct of the Sri Lankan government.

Continue reading ‘Appointment of Mohan Peiris as new Chief Justice Undermines Rule of Law and Accountability in Sri Lanka’ »

AHRC writes to the UN Human Rights Commissioner and Sri Lankan President Seeking Inquiry into Verdict and Execution of Rizana Nafeek in Saudi Arabia

( We reproduce below the text of the letter written to the UN High Commissioner and the President of Sri Lanka requesting to cause an inquiry into the verdict and the execution of Rizana Nafeek who was executed in Saudi Arabia on January 9.)

The text of the letter:

The Asian Human Rights Commission (AHRC) is writing this letter both to your goodself and to His Excellency, The President of Sri Lanka, to strongly urge an inquiry into the execution of Ms. Rizana Nafeek, a Sri Lankan citizen in Saudi Arabia. The Government of Saudi Arabia executed Rizana at 11:48 am on January 9.

Continue reading ‘AHRC writes to the UN Human Rights Commissioner and Sri Lankan President Seeking Inquiry into Verdict and Execution of Rizana Nafeek in Saudi Arabia’ »

Canada Must Call for Emergency Commonwealth Meeting to Address Unconstitutional Actions of Sri Lankan Government

TORONTO– Liberal Leader Bob Rae made the following statement today on the Sri Lankan government’s dismissal of the country’s Chief Justice:

“The Liberal Party of Canada strongly condemns the Sri Lankan government’s unconstitutional dismissal of the country’s Chief Justice, Dr. Shirani Bandaranayake.

Continue reading ‘Canada Must Call for Emergency Commonwealth Meeting to Address Unconstitutional Actions of Sri Lankan Government’ »

I Thank All Those Who Stood With Me And The Greater Cause To Fight For The Independence Of The Judiciary

By

Shirani Bandaranayake


(Text of a Statement Issued By Sri Lanka’s 43rd Chief Justice Dr.Shirani Bandaranayake who was not allowed to address the media when she vacated her official residence and chambers on January 15th 2013.)

I am the 43rd Chief Justice of the Democratic Socialist Republic of Sri Lanka. As the Chief Justice, I have an obligation and an unwavering duty towards the judges, lawyers and the citizens at large of my country.

I stand here before you today having been unjustly persecuted, vilified and condemned. The treatment meted out to me in the past few weeks, was an ordeal no citizen let alone the Chief Justice of the Republic should be subjected to. The 32 years of continuous service at the University of Colombo and the Supreme Court, during my 54 year lifespan, I have rendered in varying capacities towards my motherland, is rewarded unfortunately, in this unjust manner.

Continue reading ‘I Thank All Those Who Stood With Me And The Greater Cause To Fight For The Independence Of The Judiciary’ »

Beheading of Rizana Nafeek by Saudi Arabian Authorities Strongly Condemned by Sections of Sri Lankan Civil Society

We, the undersigned, condemn in the strongest terms the beheading of Rizana Nafeek – the Sri Lankan domestic migrant worker convicted aged 17 in 2005, for the accidental death of an infant – in Saudi Arabia on the morning of 09 January 2013.

We are shocked at the decision of Saudi Arabia’s Interior Ministry, under Prince Mohammed bin Nayef bin Abdul Aziz, to expedite and carry out Nafeek’s execution despite repeated appeals by the Government of Sri Lanka, local civil society, the international human rights community, and members of her family.
Continue reading ‘Beheading of Rizana Nafeek by Saudi Arabian Authorities Strongly Condemned by Sections of Sri Lankan Civil Society’ »

Canada condemns dismissal of Sri Lankan Chief Justice, urges Commonwealth action

Ottawa, Ontario – Canada’s Prime Minister Stephen Harper today issued the following statement regarding the dismissal of Sri Lankan Chief Justice Shirani Bandaranayake:

At The Commonwealth Heads of Government Meeting ~ October 28, 2011, City of Belmont, Western Australia – pic: pm.gc.ca

“Canada is deeply concerned by Sri Lankan President Rajapaksa’s decision to remove the Chief Justice from office following an impeachment process which appeared to be highly politicized and lacking transparency and respect for the guarantees of due process and fair trial.
Continue reading ‘Canada condemns dismissal of Sri Lankan Chief Justice, urges Commonwealth action’ »

Commonwealth Secretary General expresses deep disappointment at Chief Justice Dismissal

Commonwealth Secretary-General Kamalesh Sharma today (13 January) expressed deep disappointment at the dismissal of the Chief Justice of Sri Lanka.

President Mahinda Rajapaksa of Sri Lanka with Commonwealth Secretary-General Kamalesh Sharma at Marlborough House, London, after the first consultation of the Commonwealth mini summit on ‘Reforming International Institutions’, 9 June 2008

The Secretary-General recalled his earlier statements about this matter, in particular his statement following the decision by Parliament on 11 January to impeach the Chief Justice, in which he had urged the Executive to pause and reflect carefully on the constitutional ramifications of the differing positions taken by the country’s Judiciary and Legislature.
Continue reading ‘Commonwealth Secretary General expresses deep disappointment at Chief Justice Dismissal’ »

Dignity and Honour of Shirani Bandaranayake now Seen as a ‘Fighter’ and ‘Defender of Democracy’may Come Under Fresh Legal and Political Attack

by N Sathiya Moorthy

As a follow-up to the impeachment motion passed by Parliament by a two-thirds majority, Sri Lankan President Mahinda Rajapaksa has sacked the nation’s Chief Justice, Shirani Bandaranayake.

The week-end decision gave a lie to earlier pronouncements of the President referring the motion to four eminent persons for their opinion before deciding on the matter, but then there was little that they could have done, given the binding nature of the parliamentary resolution under the Constitution.
Continue reading ‘Dignity and Honour of Shirani Bandaranayake now Seen as a ‘Fighter’ and ‘Defender of Democracy’may Come Under Fresh Legal and Political Attack’ »

Bar Association will boycott ceremonial sitting of New Justice

By Ravi Ladduwahetty

The Bar Association of Sri Lanka (BASL) would work with the new Chief Justice to be appointed shortly but boycott the ceremonial induction and welcome address of Dr. Shirani Bandaranayake’s successor, BASL sources said last night. Former Attorney General Mohan Peiris is tipped to succeed the impeached Dr. Bandaranayake.

“The BASL will have to cooperate with the new Chief Justice as official work of the Judiciary will have to continue independently, sources told The Island last night.
Continue reading ‘Bar Association will boycott ceremonial sitting of New Justice’ »

Quo warranto writ to be filed against appointment of New Chief Justice

By Ajith Alahakoon

The Lawyers Collective has decided to challenge the appointment of the new Chief Justice before the Supreme Court by filing a fundamental rights violation case.

They would seek a Quo warranto (by what warrant/authority) writ against the new appointment and that such appointment be declared illegal, President’s Counsel Dr. Jayampathi Wickremaratne and J. C. Weliamuna of the Lawyers’ Collective said.
Continue reading ‘Quo warranto writ to be filed against appointment of New Chief Justice’ »

Beheading of Rixana Nafeek: The Internatianl out cry

UN Chief Slams Beheading Of Rizana

UN Secretary-General Ban ki-Moon is dismayed by the execution in Saudi Arabia of Rizana Nafeek, his spokesman said in a statement late on Friday.

The spokesman said that Ban was concerned about reports of irregularities in Rizana’s detention and trial, as well as the increase in the use of capital punishment in Saudi Arabia.
Continue reading ‘Beheading of Rixana Nafeek: The Internatianl out cry’ »

Rizana Nafeek: Sorrowful Story of The Maid From Moothoor

By D.B.S. Jeyaraj

When news of the loss of a loved one is heard ,it is the practice of many Muslims to console each other by repeating part of a verse from the Holy Quran “Inna lillahi wa inna ilayhi raji’un” meaning “Surely we belong to God and to Him shall we return”. The phrase is commonly translated as “Verily we belong to God, and to God we return.”

Abu Musa Abd –Allah ibn Qays al-Ashari better known as Abu Musa al-Ashari , a companion of Prophet Muhammad and a prominent personality figuring in early Islamic history has stated that the Prophet had explained the significance of this line in the following manner – “When a son of a servant of Allah dies, Allah Says to the angels, ‘Have you taken the son of My servant?’ They say, ‘Yes.’ Then Allah Says, ‘Have you taken the fruit of his heart?’ They say, ‘Yes.’ Allah Says, “What has My servant said?’ They say, ‘He has praised You and said, To Allah we belong and to Him is our return’. Then Allah Says, ‘Build a house for My servant in Paradise and call it the house of praise.’

Continue reading ‘Rizana Nafeek: Sorrowful Story of The Maid From Moothoor’ »

“While Shedding “Tears” for Rizana, Are we to Continue Sending Thousands of Other “Rizanas” to Face Similar Ordeals”?

By
Gamini Weerakoon

The froth and fume directed against the Saudis on the beheading of the innocent Sri Lankan girl Rizana Nafeek can be understood but can Saudis alone be held responsible for this tragedy?

Continue reading ‘“While Shedding “Tears” for Rizana, Are we to Continue Sending Thousands of Other “Rizanas” to Face Similar Ordeals”?’ »

Impeachment Vote can De-stabilise Sri Lanka Exclusively From Within and Without Outside Instigation

By N. Sathiya Moorthy

What the ‘Geneva vote’ in March last could not achieve, it now seems, the Parliament vote on Chief Justice Shirani Bandaranayake’s impeachment is capable of attaining. It was argued then that the Geneva vote aimed at destabilising not just the incumbent government but Sri Lanka as a nation. Despite the vote, the Geneva process did not achieve that goal. Today, the impeachment vote can do it, without instigation from outside and exclusively from within.

Continue reading ‘Impeachment Vote can De-stabilise Sri Lanka Exclusively From Within and Without Outside Instigation’ »

“Parliament is the Instrument Used by the President to Weaken the Judiciary” – Eran Wickramaratne

By
Mandana Ismail Abeywickrema

(UNP parliamentarian Eran Wickramaratne says that if the Chief Justice is removed unconstitutionally, the legality of the appointment of the successor will be placed in doubt and that judgments delivered by a bench with such a person as a member may be contested. “We spoke against the impeachment in Parliament, we voted against it, we will continue our struggle to maintain an independent judiciary,” he said. Wickramaratne noted that for good governance and democracy, the three arms of the government must exercise the legislative, executive and judicial powers as distributed by the Constitution in balance with civility)

Excerpts of the Interview:

Continue reading ‘“Parliament is the Instrument Used by the President to Weaken the Judiciary” – Eran Wickramaratne’ »

Can Parliament pick and choose which Supreme Court decisions it will accept and which it will not?

By

National Peace Council

The Sri Lanka Parliament vote to impeach the Chief Justice has been in total disregard of the judicial decision by the country’s two highest courts- the Supreme Court and the Court of Appeal that the findings of the Parliamentary Select Committee have no basis in law and are invalid. Now this extra-legal process of impeachment awaits the President’s final decision. However, the power of interpretation of the Constitution lies solely with the Supreme Court.

Continue reading ‘Can Parliament pick and choose which Supreme Court decisions it will accept and which it will not?’ »

All the Votes in Parliament Cannot Give Life to the Still Born Report of its Select Committee Against the Chief Justice

By

Dr.Reeza Hameed

It is provided in Art 74 (1) of the Constitution that parliament may by resolution or standing order provide for “the regulation of its business, the preservation of order at its sittings and any other matter for which provision is required or authorized to be so made by the Constitution.”

Continue reading ‘All the Votes in Parliament Cannot Give Life to the Still Born Report of its Select Committee Against the Chief Justice’ »

Conspicuous Silence of Ranil Wickremesinghe During Impeachment Debate in Parliament

By Gagani Weerakoon and Binoy Suriyaarachchi

In a move that is seen as historic as the impeachment motion against the Chief Justice that was passed with a two-thirds majority in Parliament on Friday, Leader of the Opposition and the United National Party (UNP), Ranil Wickremesinghe, chose to remain silent through the two days of debating.

Continue reading ‘Conspicuous Silence of Ranil Wickremesinghe During Impeachment Debate in Parliament’ »

Death Knell of Judicial Independence, Rule of Law, Justice, Freedom, Liberty, Security and OUR RIGHTS

By
M.A.Sumanthiran M.P.

“All rights secured to the citizen under the Constitution are worth nothing and a mere bubble, except guaranteed to them by an independent and virtuous judiciary”
– Andrew Jackson

Friday, the 11th of January 2013 will go down in the history of Sri Lanka, as a day marked by the accomplishment of a feat but not a victory, a day of conquest but riddled with cowardice, a splendid display of power but not strength, a day of triumph but drenched in iniquity.

All through the island was heard the death knell…of the judiciary, its independence, but even more: of justice, freedom, liberty, security and rights – our rights. The notion of rights as a nation, a people or an individual is now nothing more than a mere bubble…a fanciful world of utopia only to be imagined but not to be experienced….to be touched but not grasped.

Continue reading ‘Death Knell of Judicial Independence, Rule of Law, Justice, Freedom, Liberty, Security and OUR RIGHTS’ »

Rizana Nafik, Shirani Bandaranayake and the Lankan Reality

by
Tisaranee Gunasekara

“Why couldn’t you at least get my child’s body down?”
Rizana’s mother queries the government (BBC – 11.1.2013)

Rizana Nafik was beheaded at 11.40 am on 9th January 2013. Two hours later, at 1.40 pm, Minister Dilan Perera informed the Lankan parliament that “the government has done everything to save Rizana and she will be released soon” (Gossip Lanka).
Continue reading ‘Rizana Nafik, Shirani Bandaranayake and the Lankan Reality’ »

Karu Jayasuriya Accuses Govt of Unleashing Goon Squads on People Protesting Impeachment of Chief Justice

Senior UNP Parliamentarian Karu Jayasuriya yesterday accused the governm ent of running goon squads. The former UNP deputy leader was commenting on Wednesday’s attack on political activists protesting against the impeachment of Chief Justice, Dr. Shirani Bandaranayake.

The following is the full text a statement issued by MP Jayasuriya:

Continue reading ‘Karu Jayasuriya Accuses Govt of Unleashing Goon Squads on People Protesting Impeachment of Chief Justice’ »

Why I Cannot Vote for the Impeachment of Chief Justice Resolution

By

Prof.Rajiva Wijesinha M.P.

(UPFA national list Parliamentarian Prof.Rajiva Wijesinha abstained when Parliament took a vote on the Impeachment motion against the Chief Justice. Prof Wijesinha who could not speak during the two day debate has prepared a speech the text of which is posted here. Prof Wijesinha says “This was not delivered as there wouldn’t be time for me to speak, but this is what I would have said”)).

Both this resolution, Mr Speaker, and the manner in which it has been pursued, make very clear the need for radical reform. We have long known that we have an illogical Constitution that confuses all sorts of political principles. Sadly we have not taken seriously the crying need to change it wholesale, not simply engage in piecemeal reforms.

Continue reading ‘Why I Cannot Vote for the Impeachment of Chief Justice Resolution’ »

Impeachment Motion Against Chief Justice Passed With 155 Voting for,49 Against and 20 MP’s Abstaining or Absent

By

Dharisha Bastians

Firecrackers rent the air near the Parliament Complex last night, as the Government passed a resolution of impeachment against Chief Justice Shirani Bandaranayake at about 7:40 p.m.

Continue reading ‘Impeachment Motion Against Chief Justice Passed With 155 Voting for,49 Against and 20 MP’s Abstaining or Absent’ »

Supreme Court Judges Must not Accept or Recognize Appointment of any new Chief Justice say Senior Lawyers

several senior Lawyers have written letters to all Supreme Court Judges urging them not to accept an acting chief justice or chief Justice post if appointed and not to recognize anyone who accepts such appointment. The lawyers have pointed out that doing so would amount to a violation of the Constitution.There are Eleven Supreme Court Judges at present inclusive of current chief Justice . The text of the letter sent by senior Lawyers is as follows-

Your Lordships and Your Ladyships of the Supreme Court,

THE ATTEMPT TO REMOVE THE CHIEF JUSTICE FROM OFFICE AND TO REPLACE HER CONTRARY TO THE PROVISIONS OF THE CONSTITUTION

Continue reading ‘Supreme Court Judges Must not Accept or Recognize Appointment of any new Chief Justice say Senior Lawyers’ »

If you do not Listen to the Supreme Court Order or Violate the Constitution you are Making this Country a Failed State

by M.A. Sumanthiran M.P.

Full text of Speech made in Parliament on 10th January 2013 by MA SUMANTHIRAN M.P. during the debate on Impeachment of the Chief Justice

Mr. Deputy Speaker, are you able to control the proceedings?

Thank you sir. Before I commence my speech I need to deal with two preliminaries, both relating to certain customs. The first one is that I must make a disclosure to this House of my involvement in my professional capacity in many matters relating to the matter under discussion and that is the proper thing to do.

M.A. Sumanthiran MP

Even in this purported Report the first witness has referred to my name as seen in the proceedings of myself having appeared in the Ceylinco Shriram case.
Continue reading ‘If you do not Listen to the Supreme Court Order or Violate the Constitution you are Making this Country a Failed State’ »

It is Not Only Justice That Has Failed Rizana But Her Own Country Too

(Text of Editorial Appearing in the “Daily Mirror” of January 11th 2013)

For Sri Lankans, Rizana was more than a mere blurry black and white picture of a girl in a hijab. Having been forced to spend eight years behind bars in an unknown land, for a crime which could when taken out of context of the Saudi Law, be called an accident, she symbolised abject poverty, tragedy and despair.

Sri Lanka was under no illusion that rigid Saudi Laws could bend. There were continual assurances given by the diplomatic sources and the state institutions that kept the hope flickering. Hoping against hope, an entire nation was anticipating Rizana’s return.

All pardon pleas fell on deaf ears when Rizana Nafeek was beheaded in Dawadamy, Saudi Arabia on Wednesday.

Continue reading ‘It is Not Only Justice That Has Failed Rizana But Her Own Country Too’ »

Will Parliament Refrain from Proceeding With Purported Resolution for Impeachment of Chief Justice?

By S.L.Gunasekara

The Court of Appeal, following the interpretation of the Constitution given by the Supreme Court has quashed by way of Certiorari the findings of the Parliamentary Select Committee.

Continue reading ‘Will Parliament Refrain from Proceeding With Purported Resolution for Impeachment of Chief Justice?’ »

389 Sri Lankan Law Students Deeply Concerned Over Blatant Violation of Judicial Independence and the Usurpation of the Role of the Judiciary


( Full Text of a Statement Signed by 389 Sri Lankan Law Students from Law Faculties and Law College)

We, as law students in Sri Lanka, wish to record our deep concern over the blatant violation of judicial independence and the usurpation of the role of the judiciary by the executive and legislative arms of government.

Continue reading ‘389 Sri Lankan Law Students Deeply Concerned Over Blatant Violation of Judicial Independence and the Usurpation of the Role of the Judiciary’ »

Battling to preserve an independent judiciary and bring about national reconciliation

By Harim Peiris

Earlier this week the Rajapaksa Administration added yet another dubious distinction to its governance records by breaking decades of parliamentary tradition and forcing on the order paper of Parliament the debate and vote on the impeachment motion against Chief Justice Shirani Bandaranayake.

Traditionally and historically the agenda of parliament, is agreed upon by consensus at the Party leaders meetings. However, on this historic first occasion all the Opposition party representatives walked out of the party leaders meeting after vehemently protesting that a report and process held null and void by the Supreme Court should not be proceeded with by Parliament.
Continue reading ‘Battling to preserve an independent judiciary and bring about national reconciliation’ »

Chief Justice Sharvananda Preserved Dignity of Courts and Image of Justice

By

Chelvatamby Maniccavasagar

(FORMER CHIEF JUSTICE S. SHARVANANDA’S 6TH DEATH ANNIVERSARY IS ON JANUARY 10TH)

Former Chief Justice ‘Deshamanya’ S. Sharvananda who passed away on January 10, 2007 in Sydney-Australia at the age of 83 after a brief illness was a multi-faceted and multi-dimensional personality who maintained tremendous courage and high degree of Judicial Statesmanship.

Justice Sharvananda achieved excellence as a Judge of the Supreme Court and later Chief Justice of Sri Lanka on account of his courtesy towards the Counsel, firmness to his rulings and full possession of facts and always master of his craft.

Continue reading ‘Chief Justice Sharvananda Preserved Dignity of Courts and Image of Justice’ »

Questions and Answers Explaining the Impeachment of Chief Justice Issue

(Groundviews interviewed Luwie Ganeshathasan, a Researcher in the Legal and Constitutional Unit of the Centre for Policy Alternatives, on several key issues arising from the impeachment proceedings against the current Chief Justice of Sri Lanka, Shirani Bandaranayake)

Is there provision in the constitution to impeach the CJ?

Yes. The Constitution in Article 107 provides for the impeachment of not only the Chief Justice, but any judge of the Supreme Court or the Court of Appeal.

———— Continue reading ‘Questions and Answers Explaining the Impeachment of Chief Justice Issue’ »

Lasantha Wickrematunga: Remembering “Lassieboy” on the Fourth Anniversary of his Death

by
D.B.S. Jeyaraj

It was on January 8th 2009 that Lasantha Wickrematunga the Editor of “The Sunday Leader” in Colombo was killed by “unknown” assassins. He was my colleague, editor, friend and above all a kindred soul.

How I miss him!

There is big vacuum in the media scene after his departure.

Four years have passed but there has been no progress whatsoever in the investigations into the brutal murder. This was to be expected as those responsible are ensconced in the seat of power. Lassie Boy as I called him was one who spoke truth fearlessly to power
Continue reading ‘Lasantha Wickrematunga: Remembering “Lassieboy” on the Fourth Anniversary of his Death’ »

All Three Charges on Which the Chief Justice was Found “Guilty” are Easily Disprovable say her Lawyers

By Dharisha Bastians

Chief Justice Shirani Bandaranayake has reiterated that she remains willing to face any independent inquiry constituted according to the law that would investigate the 14 charges of impeachment filed against her, even as Parliament prepares to debate on the motion today.

Continue reading ‘All Three Charges on Which the Chief Justice was Found “Guilty” are Easily Disprovable say her Lawyers’ »

Rajapaksa Rule Will Continue Devoid of Legitimacy and Its Democratic Façade in Tatters.

By

Tisaranee Gunasekara

“Find out what any people will quietly submit to and you have found out the exact measure of injustice and wrong which will be imposed upon them….”
Fredrick Douglass (Speech on 3.8.1857 – The Fredrick Douglass Papers)

The real ‘Hulftsdorf Coup’, plotted and unleashed by the Rajapaksa Brothers, is nearing its appointed end.

The parliament will ‘debate’ the PSC Report on the 10th and the 11th (once again Ranil Wickremesinghe provided the Rajapaksas with a desperately needed fig-leaf by opting to participate in this charade). The UPFA majority will vote to impeach the Chief Justice on 11th evening. The President will ‘sack’ the CJ and appoint a ‘new CJ’ (or an ‘Acting CJ’) over the weekend.

Continue reading ‘Rajapaksa Rule Will Continue Devoid of Legitimacy and Its Democratic Façade in Tatters.’ »

Desire to Remove Country’s top Judgefor Political Reasons has Never been More Clear and adamant.

By

Dharisha Bastians

The Lagoon’s Edge holiday bungalow has a unique selling point no other resort location in the island can match. Tourists can spend Rs. 15,000 to spend a luxurious night on the banks of the lagoon in which one of the world’s most ruthless terrorist leaders were killed by Sri Lankan armed forces.

Continue reading ‘Desire to Remove Country’s top Judgefor Political Reasons has Never been More Clear and adamant.’ »

Sri Lankan President and Govt Did NOTHING to Save Rizana Nafeek’s Life Except to Issue Valueless Statements – AHRC

(Text of statement issued by the Asian Human Rights Commission on the Execution of Ms. Rizana Nafeek)

According to reports received, the Government of Saudi Arabia has executed Ms. Rizana Nafeek (1988 – 9 January 2013) today. The embassy of Sri Lanka in Riyadh has confirmed this report.

Asian Human Rights Commission (AHRC) wishes to categorically state, that the singular responsibility for this innocent young Sri Lankan woman’s death is upon the President of Sri Lanka, Mr. Mahinda Rajapaksha. His office and the government led by him shamelessly neglected the life of this innocent Sri Lankan woman, who remained incarcerated aboard since May 2005.

Continue reading ‘Sri Lankan President and Govt Did NOTHING to Save Rizana Nafeek’s Life Except to Issue Valueless Statements – AHRC’ »

Lasantha Wickrematunga Remembered on the Fourth Anniversary of his Murder

Text: Marianne David
Pix: Arthur Wamanan

A memorial service was held at slain Editor Lasantha Wickrematunge’s gravesite at Kanatte on the morning of 8 January to mark the fourth anniversary of his brutal murder.

The service was attended by Lasantha’s brother Lal Wickrematunge and his family, and current and former The Sunday Leader staffers, including The Sunday Leader Editor Shakuntala Perera, Associate Editor Mandana Ismail Abeywickrema, and Consultant Editor under Lasantha’s watch Gamini Weerakoon.
Continue reading ‘Lasantha Wickrematunga Remembered on the Fourth Anniversary of his Murder’ »

“Akkaraihal Pachchai Illai”:Gripping Tamil Novel Written in the 1970’s

By K. S. Sivakumaran

Akkaraihal Pachchai Illai is the name of a book in Thamil by a Lankan writer named Arul Subramaniam who hails from Thiru Koana Malai (Trincomalee). The title of the novel is a maxim well known to everybody. It means Foreign Borders are not green anymore.

Continue reading ‘“Akkaraihal Pachchai Illai”:Gripping Tamil Novel Written in the 1970’s’ »

Kerry,Hagel,Brennan:President Obama’s Second -term Foreign Policy Team Appears to be Coming Together

By Taylor Dibbert

President Barack Obama has nominated Chuck Hagel as the next Secretary of Defense. With John Brennan tapped to be CIA director and John Kerry as the next Secretary of State, Obama’s second-term foreign policy team appears to be coming together.

Continue reading ‘Kerry,Hagel,Brennan:President Obama’s Second -term Foreign Policy Team Appears to be Coming Together’ »

Kathai Muththusamy: 68 year old Badulla Woman who Died after 19 Years in Welikada Prison

By

Mano Ganesan

(Text of press release issued by the Democratic Peoples Front)

Mano Ganesan, the Leader of the Democratic People’s Front said that ‘the lamentable death of Kaathai Muththusamy, a 68 year-old female of the Adawaththa Estate, Lunugala in Badulla, who died yesterday after a long illness while in prison is proof enough for the arrogance and ignorance of the government on the Tamil political prisoners issue. It is also due to the indolence and impotence of the plantation leadership, which is in the lap of the ruling party. Muththusamy was arrested in 1994 for allegedly helping LTTE rebels and was sentenced to prison’

Continue reading ‘Kathai Muththusamy: 68 year old Badulla Woman who Died after 19 Years in Welikada Prison’ »

Govt Would Have Us Believe that all Dissent is Connected to NGO’s and Terrorist Inspired Foreign Plots


By Kath Noble

Rajiva Wijesinha has been attracting attention in recent weeks due to his unfortunately rather lonely stand from within government ranks against the impeachment of the Chief Justice. It would have been easy to keep quiet, so he deserves a round of applause.

But it is the effort that he has been making to engage with people in the North and East to find out what they need or want to rebuild their lives that is even more important.
Continue reading ‘Govt Would Have Us Believe that all Dissent is Connected to NGO’s and Terrorist Inspired Foreign Plots’ »

Four Years After Lasantha’s Assassination the Culture of Impunity Still Reigns in Sri Lanka

By the Free media Movement

It is exactly four years since Lasantha Wickrematunga, the former editor of The Sunday Leader, was murdered. The proverbial ‘unidentified gunman’ who killed him and dozens of our colleagues still reigns.

Continue reading ‘Four Years After Lasantha’s Assassination the Culture of Impunity Still Reigns in Sri Lanka’ »

Four Years After Lasantha’s Assassination the Culture of Impunity Still Reigns in Sri Lanka

By the Free Media Movement

It is exactly four years since Lasantha Wickrematunga, the former editor of The Sunday Leader, was murdered. The proverbial ‘unidentified gunman’ who killed him and dozens of our colleagues still reigns.

Continue reading ‘Four Years After Lasantha’s Assassination the Culture of Impunity Still Reigns in Sri Lanka’ »

Simmering Economic Issues Ignored During Budget Season Due to Govt Setting Agenda of Impeachment Process

By Chandrasena Maliyadde

Living up to the letter as well as to the spirit of this notion, the country has been submerged in a series of problems and challenges: Bridging budget deficits, containing widening trade balances, arresting slowing down growth, reducing the debt burden, facing long-drawn droughts followed by heavy rains causing flood havoc in 18 out of 25 districts and exam debacles are only a few to be mentioned. And, moreover, this is the Budget Season.

How many and how much was talked about these challenges? Hardly any from the opposition, trade unions, intelligentsia, professionals, international community did.
Continue reading ‘Simmering Economic Issues Ignored During Budget Season Due to Govt Setting Agenda of Impeachment Process’ »

Appeal Court Issues Writ of Certiorari Quashing Parliamentary Select Committee Findings on Impeachment of Chief Justice Issue


By Chitra Weeraratne

The Court of Appeal yesterday issued a Writ of Certiorari quashing the findings of the Parliamentary Select Committee (PSC) which probed impeachment charges against the Chief Justice Dr. Shirani Bandaranayake.

Continue reading ‘Appeal Court Issues Writ of Certiorari Quashing Parliamentary Select Committee Findings on Impeachment of Chief Justice Issue’ »

The Making and Unmaking of “Shape Niyaya” in the Impeachment of Chief Justice Issue

By
Charitha Ratwatte

A newspaper quoted the President, speaking at a function of the Institute of Chartered Accountants of Sri Lanka, as follows: “I want to say something about today’s situation as well since it was mentioned earlier.

People may misunderstand, the Chairman of the National Savings Bank (Pradeep Kariyawasam, husband of the Chief Justice) was appointed by us. We appointed the Chief Justice. There were allegations against the Chairman (NSB) that they bought shares at a higher value. It was making headlines every day. I called P.B. Jayasundera (Treasury Secretary) and the relevant people. I told them we will get the money back and managed to shape the matter. That’s the way things are done for our people. So we managed to shape the matter.”

Continue reading ‘The Making and Unmaking of “Shape Niyaya” in the Impeachment of Chief Justice Issue’ »

Winners and Losers – “Special” Sri Lanka Awards for 2012 – Categories, Nominations and Selection

By

Vishnuguptha

With the passing away of the year 2012, I wish to invite the attention of the readers to a fresh concept.

Although I may call it fresh, it is not all that ‘fresh’ and the format that I am presenting below has been in use over and over again by various news media groups, especially in the Western Democracies where free expression of ideas, opinions and views are taken for granted.
Continue reading ‘Winners and Losers – “Special” Sri Lanka Awards for 2012 – Categories, Nominations and Selection’ »

“Sri Lanka’s International Position is Deteriorating Due to Domestic Dynamics” – Dayan Jayatilleka.


By

Harasha Gunewardene

(Outgoing Ambassador to France Dr.Dayan Jayatilleka who bade Adieu to Paris this week is Interviewed by Harasha Gunewardene for mirror.lk)

Question:Your thoughts on the Impeachment crisis?

Answer:

Having spoken in support of President Rajapaksa in his re-election campaign in December 2009 – which I do not regret for a moment – I criticized the detention of Gen Sarath Fonseka, in an article in the Daily Mirror and The Island published on Feb 15th 2010, under the title ‘A Perfect Blunder’, in which I listed ten reasons for characterizing it as such. I would call the impeachment motion and the manner of its implementation ‘A Perfect Blunder – 2’.

Continue reading ‘“Sri Lanka’s International Position is Deteriorating Due to Domestic Dynamics” – Dayan Jayatilleka.’ »

Indira Gandhi Assassins Honoured at Sikh Golden Temple in Amritsar

by

Sarabjit Pandher

In a departure from previous occasions, the top leadership of the Shiromani Gurdwara Parbandhak Committee (SGPC) and the ruling Akali Dal, stayed away from a function within the Golden Temple complex, where the Jathedar of the Akal Takht, Giani Gurbachan Singh honoured on Sunday the assassins of former Prime Minister Indira Gandhi.

Continue reading ‘Indira Gandhi Assassins Honoured at Sikh Golden Temple in Amritsar’ »

President Rajapaksa Appoints “Unnamed” four Member Committee tp Review PSC Impeachment Report

As promised at a meeting with Heads of Media Institutions a few weeks ago, President Mahinda Rajapaksa has appointed an independent 4 Member committee (IC) to review the Special Parliamentary Select Committee report on the Impeachment Motion against the Chief Justice Mrs. Shirani Bandaranaike and to advise him.

The 4 member committee comprises of a veteran on parliamentary and judicial affairs, a senior Attorney at Law, a senior Banker, and an accepted member of the civil society. On the request of these members their names have not been announced. They have pointed out that the announcement of their names could obstruct the independent and impartial review of the report by them.

Government sources said that the select committee report has been provided to them and they have commenced their review this morning. (Info Dept)

‘External Affairs Minister has Failed in ALL Responsibilities Undertaken’-Rajiva

An Interview with Prof. Rajiva Wijesinha M.P. – Part 3

Minister G.L. Peiris

By D.B.S. Jeyaraj

(Third and Final Part of an Interview with Prof.Rajiva Wijesinha M.P.The first and second instalments of the interview appeared in the “Daily Mirror” of December 22nd 2012 and December 29th 2012 respectively)

Question:

Some observers of the Sri Lankan situation opine that a creeping Illiberalism is pervading Society at large under the Rajapaksa regime.As a Liberal and an advocate of liberal democracy, are you not perturbed by the erosion of those very values in Sri Lanka? Are you not concerned over the creeping illiberalism?
Continue reading ‘‘External Affairs Minister has Failed in ALL Responsibilities Undertaken’-Rajiva’ »

Chief Justice is Standing Rock Solid and Judiciary is Putting up a Valiant Fight to Defend the Rule of Law

By

Tisaranee Gunasekara

“The arbitrary and apparently irrational, antiutilitarian nature of life under such regimes….disarms all attempts by reasonable men to understand and explain the course of events”.
Tony Judt (Reappraisals)

Hasitha Madawala was shot dead on the night of January 5th, outside his house. His murderers rode a motorcycle, wore hoods, and got away.

Mr. Madawala was not a member of the opposition or a Rajapaksa-opponent. Like Bharatha Lakshman Premachandra he was a loyal SLFPer; and a UPFA member of the Kelaniya Pradesheeya Sabha. His grisly fate is a reminder that under Rajapaksa rule, life can be short and death brutish to all but the Rajapaksas and their kin.

Continue reading ‘Chief Justice is Standing Rock Solid and Judiciary is Putting up a Valiant Fight to Defend the Rule of Law’ »

Ex-Chief Justice Critical of Supreme Court Determination on Impeachment of Current Chief Justice

The Supreme Court when making its decision, had not taken any notice of “by Standing Orders” in Article 107-3 of the Constitution which reads, “Parliament shall by law or by Standing Orders provide for all matters relating to an impeachment”, said former Chief Justice Sarath N. Silva.

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Deepening Mystery:Why is the Up-Country Tamil Population Declining in Numbers?

by N. Sathiya Moorthy

Lies, damn lies and statistics – so goes the adage. The Census staff in Sri Lanka has to be congratulated for making the decennial national head-count a serious job, particularly post-war, yes. But the figures that they have thrown up in the process have raised more questions than answers. Or, so it would seem.

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Four Years Have Lapsed and the Killers of Lasantha Wickrematunga yet Walk Free

By L. Wickrematunge

(A service of remembrance on the 4th death anniversary of the founding Editor of The Sunday Leader the late Lasantha Wickrematunge will be held at his gravesite at the Kanatte cemetery in Borella on Tuesday,
January 8 at 7.30 a.m. Wickrematunge was assassinated on January 8, 2009 while he was on his way to work)

Lasantha lives. He does, in the hearts and minds of all those who respected the fourth state. That, he created a new style of bringing forth news and views through his weekly political column under the pseudonym ‘Suranimala,’ is never disputed.

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Jaffna Varsity May be Closed for a Year if Situation is not Normalised warns SB Dissanayake

By Chris Kamalendran

Higher Education Minister S.B. Dissanayake warned that the Jaffna University would be closed if academic activities did not recommence tomorrow. “I have told the university authorities that, willingly or unwillingly, we will have to close the university, even for one year, if campus activities are not normalised,” Mr Dissanayake told the Sunday Times.

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Shirani Bandaranayake to be Removed as Chief Justice Next Week?

The drama over the ongoing attempt to impeach Chief Justice Shirani Bandaranayake is expected to end later this week with Parliament debating and voting on the report of the Parliamentary Select Committee (PSC) which found her guilty of three of the five charges examined.

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US Marines at Embassy in Colombo no Match for Sri Lankan Monkey

By

Maheen Senanayake

The US Embassy in Colombo had to deal with an unprecedented `monkey’ situation its Marine guards were not trained to handle when a common or garden rilawa entered its highly fortified compound at Kollupitiya a few days ago and could not be ejected. The story even made the Washington Post..

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Ranil in Venice Playing Duplicitous Role in Impeachment of Chief Justice Saga?

(Excerpts from “Temple Trees” column in “Ceylon Today” newspaper)

While the entire country was watching all agog the impeachment saga, in which the government and the Chief Justice were the main actors, Opposition Leader Ranil Wickremesinghe was playing a duplicitous role behind the scenes, which was known only to a few people.

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Mahinda Regime in Trying to Impeach the Chief Justice has Impeached Itself

By

Dr.Vickramabahu Karunaratne

Some people are angry that no real protest develops in the streets of Lanka. The incidents that have taken place thus far ought to have awakened the just wrath of the people, they say. Enough has taken place to rouse the masses to practical actions against tyranny.

Some go to the edge of pessimism and say that Lankans have rulers of this nature at the helm, because they deserve them.
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Reasonable Elements in Sinhalese Society Must Contain Anti-Muslim Campaign of Racist Elements.

By Latheef Farook

This is sheer madness. This is how one could describe the potentially disastrous hate campaign unleashed against the island’s peaceful Muslim community by a handful of racist rabble-rousers who are law unto themselves.

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Supreme Court Draws Clear Distinction Between “Legal” Power and “Judicial”Power

by
Kishali Pinto Jayawardene

Predictably, Government propaganda hitmen wasted little time in rushing to condemn the Supreme Court’s most extraordinary and exceptional Determination this week that the parliamentary impeachment of a superior court judge has to be determined by law and not by Standing Orders.

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Violent Sexual Assault Incident in Delhi Ignites Fire in Country for the Dignity of India’s Daughters

By M. S. Shah Jahan

“We are very sad to report that the patient passed away peacefully at 4:45 a.m. on December 29, 2012 (2045 GMT Friday). Her family and officials from the High Commission of India were by her side.

The Mount Elizabeth Hospital team of doctors, nurses and staff join her family in mourning her loss,” Mount Elizabeth Hospital chief executive officer Kelvin Loh said in a statement.
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India’sLargest Banana Producing Area Tamil Nadu has More than 30 Varieties

By Parameswaran Sivaramakrishnan | Producer, Tamil Service, BBC World Service

India, the largest banana producing country in the world, is vying for a bigger share of the global market.

An ambitious plan has been drawn up by the Confederation of Indian Industries (CII) to export Indian-grown bananas globally to China, East Asia, the Middle East and Europe.
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Bench of Five Supreme Court Judges and not Bench of Three Should Make Interpretations of the Constitution

by Nihal Sri Ameresekere

Hon. Chamal Rajapaksa

Speaker of Parliament
Parliament of Sri Lanka
Sri Jayewardenepura
Kotte.

Dear Hon. Speaker,

Supreme Court Order of 1st January 2013 interpreting Article 107(3) of the Constitution

I write further to my Letter of 5th December 2012 forwarding my Affidavit of the same date,inter-alia, vis-à-vis, the cover-up by some of the Justices of the Supreme Court of the charges I had made against the conduct and actions of the Chief Justice and their disqualification as a consequence thereof to hear matters pertaining to the Chief Justice. My said Letter of 5th December 2012 was before the hearing on 13th and 14th December 2012 on the aforementioned ‘interpretation’ by the Supreme Court. 

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A President who is Intent on Life-long Rule and a Leader of Opposition who Unfailingly Lends a Helping Hand


by
Tisaranee Gunasekara

President Mahinda Rajapaksa and Opposition leader Ranil Wickremesinghe-pic: LankaeNews

“We were on the Titanic and everyone knew it was hitting the iceberg” – Eric Hobsbawm (Interesting Times)

In 2013, Sri Lanka will continue to be blessed with a President who is intent on life-long rule and dynastic succession, at whatever cost; and a Leader of Opposition who unfailingly lends that President a helping hand, at crucial junctures.

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