විනිසුරුවරුන්ගේ සදාචාරය
Anonymous broadsheets about the conduct of judges are circulating among lawyers in Hulftsdorp at fifty rupees a copy, and Ivan treats them as a symptom rather than a source. Quoting H.L. de Silva on judicial integrity — that a judge’s moral honesty matters more than his legal skill — he sets out his own complaint against a district judge, the two inquiries that followed, and the protections that make a wayward judge almost untouchable.
අගවිනිසුරුට ප්රීතිමත් විශ්රාම ජීවිතයකට සුබ පැතුම්
Continuing the previous week, Ivan asks what a review of Sarath N. Silva’s judgments would
find, and answers with the record of appointments, plunder of public property, the company
he kept and the ambition to become head of state. He reports the meeting at which senior
counsel advised Chandrika Kumaratunga against appointing him — and Aloy Ratnayake’s
prediction that one day he would turn on her — and closes with the long list of lawyers and
judges who signed against him.
විශ්රාම යන අගවිනිසුරුතුමෙනි. ඔබට ආයුබෝවන්
On the retirement of Sarath N. Silva, Ivan sets out the record: cases of relatives heard and
relieved, enemies punished to the limit, orders issued to the executive and the legislature,
and an injunction obtained against the Speaker through friendly counsel and a friendly bench
to stop an impeachment reaching the House. He goes back to the district court case brought
by a chemical engineer over the judge’s relationship with his wife, and to the officer
promoted before his punishment had expired.
චෞර රැජිනගේ රසකථා
Reading Upul Joseph Fernando’s interview with Chandrika Kumaratunga in Lankadeepa, Ivan takes apart the picture of a poor and blameless former president whose children travel by bus. She names two mistakes she knew were mistakes when she made them, and Ivan supplies the reason she does not: the appetite for power inside a system she and Ranil Wickremesinghe built between them.
Whither Justice?
A retired army commander and a respected engineer petitioned the Supreme Court over judicial appointments made without constitutional council approval. Victor Ivan records what happened: a bench including the Chief Justice heard the petition and then directed the Attorney General to establish whether the petitioners had abused the judiciary by bringing it. The message, as he reads it, is that nothing the President does may be questioned, and that asking is itself an offence. Neither man belonged to the UNP or sought party advantage; they went to the last place open to a citizen with a grievance about governance. The Court’s first duty is to defend the constitution against an executive assuming powers it does not have, and by making the protection of the President its duty instead it has annulled the constitution without replacing it — leaving the country, Ivan writes, with no fundamental law at all. Similar cases from the Organization of Professional Associations and the People’s Movement for Good Governance have met the same immunity ruling. What strikes him most is who is fighting: citizens who know they will lose, while the UNP, the JVP and the Jathika Hela Urumaya say nothing and parliament will not even debate it. A judiciary that abandons its supervision of the executive, he concludes, brings the country closer to Prabhakaran’s Reich, where no authority may investigate Prabhakaran.
How will the struggle for power end?
In this article, Victor Ivan analyzes the escalating power struggle between President Chandrika Kumaratunga and Prime Minister Ranil Wickremesinghe. Facing the end of her term and unable to contest the next presidential election, the President seeks to overhaul the executive presidency to secure her continued political dominance, potentially by aligning with the JVP or utilizing Parliament as a constituent assembly. Conversely, the Prime Minister is determined to preserve the current system to claim the executive presidency for himself, plotting to render the President politically irrelevant. Ivan warns that this clash of ambitions, coupled with a lack of faith in the impartiality of the judiciary under Chief Justice Sarath Nanda Silva, risks plunging the nation into an extra-constitutional crisis and potential civil conflict.
Rule of Law and the Judiciary
One of the three pillars of the modern democratic political system is the judiciary. When the legislature consisting of representatives elected by the people enacts policies, the instrument that implements those policies is the executive.
JSC: More questions than answers
The Judicial Services Commission has answered the criticism in an International Bar Association report on the state of the Sri Lankan judiciary. Its answer, Ivan writes, raises more questions than it settles — and he was the complainant in one of the inquiries it describes.
President may face impeachment
During the campaign the President boasted of her wide powers, and after the United National Front won she did not pick a fight with the winner by flourishing them. She has handed over internal administration and remains chief executive, commander-in-chief, and the holder of a private army of thousands.
Challenges before the constitutional council
Freeing the institutions under the Constitutional Council from politicisation, and directing them so as to guarantee good governance, is one of the council’s main obligations. The first thing it has to do is define properly what the institutions and the posts under it are responsible for.