Debilitated, but not too bad
For all the serious and inherent limits of the Seventeenth Amendment, the fact that a Constitutional Council and a system of independent commissions have been enacted is a very important step. It was the JVP’s intervention that got even this debilitated version through.
17 වැනි ව්යවස්ථා සංශෝධනය හා ශ්රේෂ්ඨාධිකරණය
Ivan argues that constitutional amendments should not be rushed or sent to court before the public sees the draft, citing N.M. Perera and faulting Batty Weerakoon and Jayampathy Wickramaratne. He contrasts the seven- and nine-judge benches that reviewed earlier amendments with Chief Justice Sarath N. Silva’s small benches that left out Mark Fernando, A.R.B. Amerasinghe and Ranjith Dheeraratne, and objects to his ruling that ITN, Lakhanda and Lake House, as companies, fall outside the Elections Commission’s powers.
තරමක් අංගවිකලයි ඒත් නරකම නෑ
Ivan welcomes the 17th Amendment but lists its flaws: no public debate, no published draft, brief review by a three-judge bench, and passage without a final draft before Parliament. He faults the UNP’s weak first draft and lack of vigilance, credits the JVP for securing the reform but says it accepted a presidential nominee on the Constitutional Council and backed Jayampathy Wickramaratne’s plan to drop Mark Fernando and A.R.B. Amerasinghe from the Judicial Service Commission. The government, he says, kept the council, the Chief Justice and state media within its reach.
සරත් එන්. සිල්වා මහතා අධිකරණය කෙරෙහි ඇති කර තිබෙන විනාශය සුළුපටු නැත
As impeachment proceedings open, Ivan traces the crisis to Sarath N. Silva’s appointment while two disbarment complaints, one by Ivan himself, were pending, despite warnings from Chief Justice G.P.S. de Silva and senior lawyers. He recounts how Silva halted those inquiries, packed the bench hearing challenges to his appointment, narrowed fundamental rights jurisdiction, and was linked by phone records to Rohana Kumara, alleged mastermind of the Wijekoon murder, and to a fraudulent petition for the gunman Nupul Kumara.
නීතීඥ සංගමයට ප්රශ්න 6ක්
After lawyers Neil Dias, Chandrapala Kumarage and Sena Liyanasuriya urged the Bar Association to act against Ravaya, Ivan recounts how inquiries upheld Ravaya’s charges against Lenin Ratnayake and Upali Abeyratne and poses six questions: on Sarath N. Silva’s domestic life and judicial ethics, his appointment while disbarment petitions were pending, Abeyratne’s promotion, the trust land obtained while on the Vijaya Kumaratunga commission, his continuing trusteeship, and his ties to Rohana Kumara, a suspect in the Wijekoon murder.
Criminal defamation Vs. Media freedom
Media freedom is treated as an essential part of a democratic system, and by accepted standards Sri Lanka is among the countries with least of it. The media minister told his first press conference that the government had been brought to power mainly by the media.