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.
අඬමුද? සිනාසෙමුද?
This article critically examines the controversial tenure and actions of former Chief Justice Sarath Nanda Silva, detailing his abuse of judicial power for personal and political gain. It outlines his role in imprisoning S.B. Dissanayake to appease President Chandrika Kumaratunga, his subsequent legal betrayal of Kumaratunga following a personal insult regarding his behavior toward women, and his intimidation of treasury officials to secure an abnormally high pension. The author also provides a detailed investigative account of a 2004 incident near Diyawanna Oya, where police allegedly found the Chief Justice half-naked in a parked vehicle with a woman, using the cover-up of this event to highlight the systemic corruption and apathy within Sri Lanka’s political, parliamentary, and judicial systems.
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.
අර්බුදයේ තවත් පැතිකඩක්
Comparing the political system to a badly built ship that is sinking, Ivan argues that the clash between executive and judiciary exposes the constitution’s subordination of both Parliament and the courts to the president. Yet the courts, he warns, have themselves punished people without fair hearings: the Supreme Court’s jailing of Tony Fernando for contempt, which the UN Human Rights Committee found unlawful; the contempt case against S.B. Dissanayake; and the treatment of the lawyer Elmo Perera under Sarath N. Silva. Serious allegations against Sarath N. Silva and Asoka de Silva were ignored while they served governments, so if the judiciary wins without changing its attitudes it may become arrogant.
සටන් කිරීම හා අවසාන සටන
Challenged by a friend who says he has turned from a fighter into a preacher, Ivan explains that his aim now is not a change of government but a change of the political system, which needs the support even of those tied to the evil. Prompted by Ravaya’s 25th anniversary, he lists the eight real battles of his career — against the parliamentary privileges law, the 17-year UNP government, criminal defamation, for the assets law, against two court decisions, an outside Elections Commissioner, a retiring President’s taking of state property, and the limits of book publishing — and says he lost only one, blaming K.N. Choksy’s concession in court. His ten-year struggle with Sarath N. Silva ended without result, he argues, because the Bar, media owners, parties and senior judges such as Mark Fernando stayed silent; Silva never used contempt law against him, which Ivan attributes to the remnant of conscience he appealed to.
යූඑන්පී අර්බුදය
A great deal can be learned from the UNP’s leadership crisis, not only about that party but about the political culture of Sri Lanka. Removing a party leader is extremely difficult: there is no simple, clear method in the party constitution for the membership to use when they want one removed, and nothing about how a group carrying on an internal struggle should proceed — and that is true of every party in the country.
හිටපු අගවිනිසුරු සහ ජීඑස්පී ප්ලස් සහනය
The EU has suspended Sri Lanka’s GSP Plus concession, worth 78 million euros in 2008 against exports of 1.24 billion. Government, exporters and commentators alike have forgotten what caused it: two rulings by former Chief Justice Sarath Nanda Silva, the same man now lecturing the country on international law. Under the ICCPR, citizens could petition the UN Human Rights Committee where the highest court failed them, and most complaints heard concerned Silva’s own conduct — among them Tony Emmanuel Fernando, jailed a year for contempt on a false charge after suing over withheld case records, and assaulted in prison the day he was committed. Silva also barred a work-to-rule at the port, which the ILO found breached its convention, and then disparaged that convention in open court with an ILO representative present. Correcting those two wrongs would be enough to recover the concession.
සේනාපති හා සේනාධිනායකයා අතර තරගය
The UNP and the JVP brought the General forward partly to force a parliamentary election first, Ivan argues, and the president wrong-footed them by calling the presidential one early. He compares the two men as political animals — one seasoned and cured, the other still an apprentice — and says that is the factor that will decide it, for and against the General alike.
යුද්ධය ජයගැනීමෙන් පමණක් රටට ඉදිරියට යා හැකිද?
The victory opened a space the country has not used well. Ivan grants the president the larger share of the credit and then turns to the West’s changed policy, to the covenant on civil and political rights the country has signed, and to Vietnam — which defeated a great power militarily and then spent decades as one of the poorest countries on earth. Jayewardene, he ends, made a hat to fit his own head; Rajapaksa’s task is to make one that fits the country’s.
තිස්සනායගම් නඩුවේ තීන්දුව ගැන
Twenty years’ rigorous imprisonment for J.S. Tissainayagam has drawn the world’s attention as his detention did. Ivan argues that judges must sentence in proportion to the gravity of the offence and within the law, lists earlier judgments where that was not done, and notes that most of the complaints against Sri Lanka in Geneva were aimed not at the government but at the former chief justice — and that the country, not he, is paying for them.