Barring Nagananda Kodituwakku from practicing law
The Supreme Court has barred a public-interest litigator and prospective presidential candidate from practising for three years. Victor Ivan weighs Nagananda Kodituwakku’s record — and the record of those he fought.
සරත් සිල්වාගේ පුහු තර්ක
Former Chief Justice Sarath N. Silva used interviews in Mawbima and Ceylon Today to recast himself and to claim that Ivan’s campaign against him grew out of a grudge from the 1971 insurrection trial. Ivan answers point by point: Silva was the most junior of five prosecutors, and Ivan’s lawyer in later cases was the lead prosecutor; the fight began when Silva, as Attorney General, shielded Magistrate Lenin Ratnayake. He recounts his challenge to the Attorney General’s criminal defamation indictments, rejected by Justice Mark Fernando but upheld by the UN Human Rights Committee, and the pending Supreme Court inquiry when Silva was made Chief Justice.
Where did the Bribery & Corruption Commission Go Wrong?
Responding to the removal of the Bribery Commission’s Director General Piyasena Ranasinghe, Ivan argues the Commission was already a failed institution. He cites its handling of Mangala Samaraweera’s credit cards and the Public Trustee inquiry, retired judges as commissioners, the lack of any oversight, and the career of Rienzie Arsakularatne, and proposes a body to inspect the Commission itself.
අගවිනිසුරුට, ලෙනින් රත්නායකට එරෙහිව අල්ලස් කොමිසමට පැමිණිල්ලක්
In a formal complaint dated 30 July 2002, Ivan asks the Bribery Commission to investigate magistrate Lenin Ratnayake for concealing his dismissal from the Insurance Corporation for claims fraud when becoming a lawyer and magistrate, and Chief Justice Sarath N. Silva for abusing office to protect his relative: misleading the justice minister in a confidential report, suppressing the Supreme Court inquiry into himself, derailing prosecution through an illegal one-man inquiry and withholding the three-judge committee’s findings. Numbered exhibits are listed.
ලෙනින් රත්නායක විනය පරික්ෂණය අත්හිටුවන්නැයි ඉල්ලීමක්
In a letter to the Secretary of the Judicial Service Commission, Ivan, as complainant, objects that a one-man inquiry by retired High Court judge K.A.S. Gunatilake into magistrate Lenin Ratnayake is illegal under Article 114(2). He recounts the rape allegations, the Commission’s months of silence, the three-judge committee that upheld Ravaya’s charges, Ratnayake’s 32 months of paid compulsory leave, and asks for the inquiry to be stopped and the committee’s report released to him.
ලෙනින් රත්නායක, උපාලි අබේරත්න පරීක්ෂණ වාර්තා ගැන “රාවය” කර්තෘගෙන් අගවිනිසුරුට ලිපියක්
In a letter dated 27 August 2001 to Sarath N. Silva as chairman of the Judicial Service Commission, Ivan asks for the reports of the two committees that found Magistrate Lenin Ratnayake and District Judge Upali Abeyratne guilty. He sets out the history: Ravaya’s 1997 reports of a rape by Ratnayake and his earlier dismissal for fraud, Silva’s 1998 confidential report to G.L. Peiris, the Abeyratne divorce case, the Bar’s past presidents’ intervention, his disbarment complaint, and Silva’s appointment and the impeachment, and says he needs the reports for a case in Geneva.
අර්බුදය ගැන ආපසු හැරි බැලිමක්
Answering a reader who asks why Ravaya keeps writing about Sarath N. Silva, Ivan retells how his suspicions began with the Lenin Ratnayake affair: the rape allegation reported in 1997, police findings that Ratnayake had been dismissed from the Insurance Corporation for fraud, and a confidential 1998 report in which Silva as Attorney General shielded him. He describes the Bar’s past presidents’ resolution, the inquiries that found Ratnayake and Upali Abeyratne guilty, his own disbarment petition, and Silva’s appointment as Chief Justice, and calls for his removal.
සම්මානය සහ අධිකරණයේ අර්බුදය
Ravaya received the Editors’ Guild’s Sepala Gunasena award for defending judicial independence. Ivan recounts the background: his and W.A.B. Jayasekera’s petitions to disbar Attorney General Sarath N. Silva, Ravaya’s exposure of magistrate Lenin Ratnayake and district judge Upali Abeyratne, the Bar Association’s call for inquiries that found both guilty, the lenient penalties, and the protests by lawyers and MPs before Silva was made Chief Justice in September 1999.