What is wrong with the Judiciary?

The jailing of Ranjan Ramanayake for contempt turns public sympathy against the courts. Victor Ivan asks what has gone wrong inside the Judiciary and answers with a series of cases from his own reporting.

Nudity exposed

The Ramanayake tapes let Victor Ivan return to a case he pursued for years — a magistrate, an attorney general and a chief justice — and to what he says the episode did to the Sri Lankan judiciary.

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.

Investigating corruption of the Yahapalana Government

The Yahapalana government’s flagship anti-corruption inquiry was chaired, Victor Ivan notes, by a former Chief Justice whose own record he sets out at length. A column about who is trusted to investigate whom.

සරත් සිල්වා ගැන වැඩිදුරටත්

Ceylon Today did not print his reply uncut as promised, Ivan says, and the media that now present Sarath N. Silva as a saviour include owners who won judgments from him when he needed their support. Silva, once slated as the common opposition candidate, still poses as a reformer. Ivan contrasts Justice Mark Fernando’s rulings, which forced the only free and fair election since 1977, with Silva’s court, which turned away election petitioners. Four of six UN Human Rights Committee findings against Sri Lanka concern Silva’s judgments, among them S.B. Dissanayake’s and Tony Fernando’s, jailed for contempt after petitioning a bench Silva himself led.

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.

ජනමාධ්‍ය හැසිරීම ගැන

A friend who has read Ivan’s book on the Lenin Ratnayake affair many times asked him why no newspaper reported the day a remand prisoner struck Magistrate Lenin Ratnayake with a bag of excrement in the Nikaweratiya court, after the magistrate had abused the prisoner’s wife. Local reporters, Ivan concludes, stayed silent to please the magistrate. He then recounts how a former court officer turned television court reporter brokered favourable judgments for his channel’s owner in exchange for coverage that propped up Chief Justice Sarath N. Silva. Sri Lanka’s media culture, he argues, is as corrupt as its political culture.

රාජ්‍ය නිලධරතන්ත්‍රය

Politicians come and go but officials stay, Ivan argues, and a strong, law-bound bureaucracy is what has kept India’s democracy standing. Sri Lanka had one until the 1972 constitution weakened it and the 1978 constitution destroyed it. He traces the result through the forced resignation of Auditor General Wijesuriya, outsiders placed over the Elections Department, and Chief Justices chosen for loyalty from Wanasundera’s passing-over to Shirani Bandaranayake’s removal. Reviving the Seventeenth Amendment’s independent commissions is no cure, he says, because they had no power to punish a president who ignored them.

පක්ෂපාතභාවයට කප්පම් ගෙවන අපක්ෂපාතභාවයට දඬුවම් දෙන ක්‍රමයක්

Prompted by a reader’s tip, Ivan sets out how former Elections Commissioner Dayananda Dissanayake obtained a prime plot in Nuwara Eliya on President Kumaratunga’s recommendation for Rs. 30,000 in 1995 and sold most of it five months later for over Rs. 5.2 million. Such favours, he argues, are the bribe the executive presidency pays for loyalty, continuing the plunder of estate land after 1977. Those who uphold the law are punished instead: Auditor General Wijesuriya forced out, Justices Wanasundera and Mark Fernando passed over, B.C. Perera driven from the Treasury, and Shirani Bandaranayake impeached.