විග්නේශ්වරන් මුවහමක් කරගැනීම
Answering Sinhala nationalist attacks on C.V. Wigneswaran, the TNA’s Northern chief ministerial candidate, as a new Anton Balasingham, Ivan argues that the dream of Eelam died with the LTTE. The TNA’s surviving leaders were hostages of Prabhakaran, not his followers, and signalled goodwill that the victors ignored. Wigneswaran — a retired Supreme Court judge who refused to bow to Sarath N. Silva, never an LTTE sympathiser, with children married to Sinhalese — should be welcomed. As Europe learned after the Thirty Years’ War, racial and religious extremism is losing its hold in Sri Lanka too.
අධිකරණය හා නීතිඥයන්
When the Bar Association installed Upul Jayasuriya as president with the ousted Shirani Bandaranayake in the chair rather than Chief Justice Mohan Peiris, it signalled that lawyers still did not accept the new Chief Justice. Ivan welcomes the gesture but argues that judicial independence died with the executive presidency, not the impeachment, and that bench and bar share the blame: the referendum judgment, the Eighteenth Amendment, the Lenin Ratnayake scandal and a rapist High Court judge’s reinstatement show a profession unable to discipline itself. He sets out the English model of regulation.
අධිකරණය ගැන විග්නේෂ්වරන්
Retired Supreme Court judge C.V. Wigneswaran’s analysis of the court under the Chief Justice confirms what Ravaya has said: lawyers at Hulftsdorp can predict a judgment from the nature of the case and the faces on the bench, and without an end to partiality and cliques the court’s dignity will be lost.
හිරේ සිටිය යුත්තේ කව්ද?
After a bench headed by the Chief Justice rejected Tony Fernando’s revision application against his one-year sentence for contempt, Ivan argues that the bench included judges Fernando had named as respondents, that the judgment identifies no contempt beyond raising his voice, and that it is Sarath N. Silva who belongs in prison. Further sections contrast the Constitutional Council’s published character criteria, drafted by H.L. de Silva, with the Chief Justice’s conduct and criticise delays in appointing the Judicial Service Commission.
Conscience Benumbed
In this article, Victor Ivan argues that decades of mass violence and rampant political corruption have paralyzed the collective conscience of Sri Lankan society. Drawing heavily on the psychological trauma outlined in Prof. Daya Somasunderam’s book Scarred Minds, Ivan asserts that the psychological damage seen in the Tamil community is reflective of a wider distortion affecting all Sri Lankans—victims, perpetrators, and witnesses alike. Using the commercialization and resulting decline of Sri Lankan cricket as an analogy for the state of the nation, the author critiques how governance has become a mechanism for public plunder. Specifically, Ivan highlights the failure of the 17th Amendment, pointing out that constitutional safeguards and independent commissions (such as the Elections, Police, and Bribery Commissions) have been deliberately sabotaged or stalled by the President, with little to no resistance from the judiciary, the political opposition, or a benumbed public.
ශෘද සාක්ෂිය හිරී වැටීම
Drawing on Daya Somasundaram’s ‘Scarred Minds’, Ivan argues that two decades of mass violence in north and south have numbed the whole society’s conscience. He attacks FM radio stations for feeding the public trivia, likens the ruin of other sports and then cricket itself to the decay of an ageing, politicised bureaucracy, recounts how the 17th Amendment was distorted and is blocked by the President, and reminds Ranil Wickremesinghe of his broken promise of the rule of law.
The politics of justice
Two important observations on the Sri Lankan judiciary were published last week. One is in the latest American human rights report, which says the Chief Justice has cut the number of human rights cases the courts examine on the pretext of preventing a backlog — denying redress even to people who have been tortured.
අධිකරණයේ දේශපාලනය
Taking up newly appointed Supreme Court judge C.V. Wigneswaran’s remark that promotions depend on executive favour, Ivan argues that the executive has captured the judiciary. He lists cases in which the Chief Justice sat on politically sensitive petitions and ruled for the government: Karu Jayasuriya’s election-time petitions against Lake House and ITN, the 17th Amendment hearing, appointments cases, a GMOA doctor’s petition, railway strike-breaking, and a Vavuniya torture victim awarded only Rs. 15,000.